RCRA REVISION CHECKLIST 163
	
Organic Air Emission Standards for Tanks, Surface Impoundments, and Containers;
Clarification and Technical Amendment
62 FR 64636-64671
December 8, 1997
(RCRA Cluster VIII, HSWA provisions)

	FEDERAL REQUIREMENTS	FEDERAL RCRA CITATION	ANALOGOUS STATE CITATION	STATE ANALOG IS:				
				EQUIV-ALENT	LESS
STRIN-
GENT	MORE STRIN-GENT	BROADER IN SCOPE	
	PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES							
	SUBPART B - GENERAL FACILITY STANDARDS							
	GENERAL INSPECTION REQUIREMENTS							
	replace “264.1088, and 264.1091(b)” with “and 264.1083 through 264.1089 of this part”	264.15(b)(4)						
	SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING							
	OPERATING RECORD							
	replace “264.252 through 264.254" with “264.252-264.254"; replace “264.302 through 264.304" with “264.302-264.304"; replace “264.1034(c) through 264.304(f)” with “264.1034(c)-264.1034(f)”; replace “264.1063(d) through 264.1063(i)” with “264.1063(d)-264.1063(i)”; replace “264.1088, 264.1089, and 264.1091" with “and 264.1082 through 264.1090 of this part”	264.73(b)(6)	

	SUBPART AA - AIR EMISSION STANDARDS FOR PROCESS VENTS							
	APPLICABILITY							
	revise paragraph; add quotation marks around “90-day”; insert “and is not a recycling unit under the provisions of 40 CFR 261.6" after “or container)”	264.1030(b)(3)						
	completely revise paragraph; for owner and operator of facility subject to part 264 and who received final permit prior to December 6, 1996, requirements of part 264, subpart AA shall be incorporated into permit when reissued under 40 CFR 124.15 requirements or reviewed under 40 CFR 270.50(d); until owner and operator receive such final permit, owner and operator subject to 40 CFR part 265, subpart AA requirements	264.1030(c)						
	add new paragraph; requirements of part 264, subpart AA do not apply to process vents at facility where owner or operator certifies that all process vents are equipped and operating air emission controls in accordance with process vent requirements under 40 CFR part 60, part 61, or part 63 ; documentation of compliance kept, or made available, with facility operating record	264.1030(e)						
	DEFINITIONS							
	revise “In light liquid service”; insert “organic” after “one or more of the” and after “pure”; replace “0.3 kPa” with “0.3 kilopascals (kPa)”	264.1031						
	STANDARDS: CLOSED-VENT SYSTEMS AND CONTROL DEVICES							
	redesignate paragraph (a)(2) as (a)(2)(i), except for last sentence 	264.1033(a)(2)(i)						
	revise and redesignate last sentence of (a)(2) as (a)(2)(ii); any unit that begins operation after December 21, 1990, and is subject to part 264, Subpart AA, must comply with rules immediately	264.1033(a)(2)(ii)						
	add new paragraph; owner or operator of facility in existence on effective date of statutory or regulatory amendment that renders facility subject to part 264, subpart AA, shall comply with subpart AA requirements no later than 30 months after effective date of amendment; when control equipment cannot be installed and operational by effective date facility owner or operator shall prepare implementation schedule; enter implementation schedule in operating record or permanent file at facility	264.1033(a)(2)(iii)						
	add new paragraph; owners and operators of facilities and units newly subject to part 264, subpart AA after December 8, 1997, due to action other than under 264.1033(a)(2)(iii), must comply with requirements immediately	264.1033(a)(2)(iv)						
	SUBPART BB - AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS							
	APPLICABILITY							
	revise paragraph; add “and is not a recycling unit under the provisions of 40 CFR 261.6" at end	264.1050(b)(3)						
	completely revise paragraph; for owner and operator of facility newly subject to part 264, subpart BB, and who received final permit prior to December 6, 1996, requirements of part 264, subpart BB shall be incorporated into permit when reissued under 40 CFR 124.15 requirements or reviewed under 40 CFR 270.50(d); until owner and operator receives such final permit, owner and operator subject to 40 CFR 265, subpart BB requirements	264.1050(c)						
	remove “a period of”; insert comma after “identified”	264.1050(f)						
	STANDARDS: CLOSED-VENT SYSTEMS AND CONTROL DEVICES							
	redesignate 264.1060 as 264.1060(a); insert “subject to this subpart” following “control devices” and insert “of this part” at end of paragraph	264.1060(a)						
	add new paragraph; owner or operator who cannot install closed-vent system and control device to comply with part 264, subpart BB, by the effective date must prepare implementation schedule including dates by which closed-vent system and control device will be installed and in operation; implementation schedule may allow up to 30 months after effective date for installation and startup	264.1060(b)(1)						
	add new paragraph; any unit that begins operation after December 21, 1990, and is subject to part 264, Subpart BB, must comply with rules immediately	264.1060(b)(2)						
	add new paragraph; owner or operator of facility in existence on effective date of statutory or regulatory amendment that renders facility subject to part 264, subpart BB, shall comply with subpart BB requirements no later than 30 months after effective date of amendment; when control equipment cannot be installed and operational by effective date facility owner or operator shall prepare implementation schedule; enter implementation schedule in operating record or permanent file at facility	264.1060(b)(3)						
	add new paragraph; owners and operators of facilities and units newly subject to part 264, subpart BB, after December 8, 1997, due to action other than under 264.1060(b)(3), must comply with requirements immediately	264.1060(b)(4)						
	ALTERNATIVE STANDARDS FOR VALVES IN GAS/VAPOR SERVICE OR IN LIGHT LIQUID SERVICE: SKIP PERIOD LEAK DETECTION AND REPAIR							
	insert “(i.e., monitor for leaks once every six months)” before “for the valves”; insert “of this subpart” at end	264.1062(b)(2)						
	insert “(i.e., monitor for leaks once every year)” before “for the valves”; insert “of this subpart” at end	264.1062(b)(3)						
	RECORDKEEPING REQUIREMENTS							
	delete “a period of”; insert “calendar” following “per”	264.1064(g)(6)						
	revise paragraph; owner or operator of facility with equipment subject to part 264, subpart BB, and to 40 CFR part 60, part 61, or part 63 may determine compliance with subpart BB by documentation under 264.1064 or by documentation of compliance with 40 CFR part 60, part 61, or part 63; documentation of compliance under 40 CFR part 60, part 61, or part 63 shall be kept or made available with the operating record	264.1064(m)						
	SUBPART CC - AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS							
	APPLICABILITY							
	replace “October 6, 1996" and “this date” with “December 6, 1996"	264.1080(b)(1)						
	replace “subpart and who” with “subpart who”; replace “October 6, 1996" with “December 6, 1996"; replace “the owner and operator receives a final permit incorporating the requirements of this subpart” with “the permit is reissued in accordance with the requirements of 40 CFR 124.15 or reviewed in accordance with the requirements of 40 CFR 270.50(d)”	264.1080(c)						
	STANDARDS: GENERAL							
	insert “hazardous” before both occurrences of “waste management unit”; replace “§264.1084 through §264.1087" with “§§264.1084 through 264.1087"	264.1082(b)						
	add “at section 4.4 of Method 25D in 40 CFR part 60, appendix A, or a value of 25 ppmw, whichever is less” at end of paragraph	264.1082(c)(2)(ix)(A)						
	completely revise paragraph; if other analytical method used, one-half sum of limits of detection established for each organic constituent in waste that has Henry’s law constant value at least 0.1 Y/X at 25 degrees Celsius	264.1082(c)(2)(ix)(B)						
	insert “or surface impoundment” following “tank”	264.1082(c)(3)						
	replace “Has” with “The organic hazardous constituents in the waste have”; add “the” before “EPA”; replace “or treated” with “or have been removed or destroyed”	264.1082(c)(4)(ii)						
	WASTE DETERMINATION PROCEDURES							
	insert “For a waste determination that is required by paragraph (a)(1) of this section,” at beginning of paragraph; replace “may” with “shall”	264.1083(a)(2)						
	replace “a waste management unit” with “waste management units”; replace “264.1082(c)(2)” with “264.1082(c)(2)(i) through 264.1082(c)(2)(vi)”; replace “§ 264.1084 through § 264.1087" with “§§ 264.1084 through 264.1087"	264.1083(b)(1)						
	STANDARDS: TANKS							
	insert “, and any manifold system associated with the fixed roof,” before “shall be”	264.1084(c)(2)(iii)						
	delete “it” before “shall be”; insert “, except as provided for in paragraphs (c)(2)(iii)(B)(1) and (2) of this section” at end of paragraph	264.1084(c)(2)(iii)(B)						
	add new paragraph; when necessary to provide access to tank for performing activities of 264.1084(c)(2)(iii)(B)(2), venting of vapor headspace underneath fixed roof to control device is not required, opening of closure devices is allowed, and removal of fixed roof is allowed; following completion of activity, owner or operator shall secure closure device in closed position or reinstall cover and resume operation of control device	264.1084(c)(2)(iii)(B)(1)						
	add new paragraph; during routine inspection, maintenance, or other activities needed for normal operations, and for removal of sludge or other residues from tank bottom	264.1084(c)(2)(iii)(B)(2)						
	add new paragraph; safety devices, as defined in 40 CFR 265.1081, may be installed and operated as necessary on tank complying with 264.1084(e) requirements	264.1084(e)(4)						
	replace “perimeter” with “diameter”	264.1084(f)(3)(i)(D)(4)						
	replace “this subpart” with “this section”	264.1084(f)(3)(iii)						
	add new paragraph; safety devices, as defined in 40 CFR 265.1081, may be installed and operated on tank complying with 264.1084(f)	264.1084(f)(4)						
	add new paragraph; hazardous waste meets requirements of 264.1082(c)(4)	264.1084(j)(2)(iii)						
	STANDARDS: SURFACE IMPOUNDMENTS							
	replace “sections” with “section”	264.1085(b)(2)						
	replace “for and designing” with “of construction and designing”	264.1085(d)(1)(iii)						
	insert “the” before “surface impoundment”	264.1085(d)(2)(i)(B)						
	add new paragraph; hazardous waste meets requirements of 264.1082(c)(4)	264.1085(e)(2)(iii)						
	STANDARDS: CONTAINERS							
	replace “it” with “the container”; insert comma after “integrity”; replace comma after “permeability” with “;”	264.1086(c)(2)						
	revise paragraph and add requirements; container visual inspection shall be conducted on or before date that container is accepted at facility; date of acceptance	264.1086(c)(4)(i)						
	replace “a submerged-fill” with “A submerged-fill”	264.1086(d)(2)						
	revise paragraph and add requirements; container visual inspection shall be conducted on or before date that container accepted at facility; date of acceptance	264.1086(d)(4)(i)						
	completely revise paragraph; to determine compliance with 264.1086(d)(1)(ii), use procedure specified in 264.1083(d)	264.1086(g)						
	STANDARDS: CLOSED-VENT SYSTEMS AND CONTROL DEVICES							
	add “that is a hazardous waste and that” after “All carbon”; add “, regardless of the average volatile organic concentration of the carbon” at end of paragraph	264.1087(c)(3)(ii)						
	insert “closed-vent system and” before the first occurrence of  “control device”	264.1087(c)(7)						

	RECORDKEEPING REQUIREMENTS							
	replace “(b) through (i)” with “(b) through (j)”; replace both occurrences of “paragraph (i)” with “paragraphs (i) and (j)”; replace “tank or container” with “waste management unit”; replace “§264.1084(d) of this subpart” with “§264.1080(d) or §264.1080(b)(7) of this subpart, respectively”	264.1089(a)						
	delete “, the following information”; replace “provisions” with “requirements”	264.1089(b)(1)(ii)(B)						
	replace “or containers” with “and containers”; replace “(c)(2)” with “§§ 264.1082(c)(2)(i) through (c)(2)(vi)”	264.1089(f)(1)						
	add new paragraph; for each hazardous waste management unit not using air emission controls under 264.1084 through 264.1087 in accordance with 264.1080(b)(7), owner and operator shall record and maintain the following:	264.1089(j)						
	add new paragraph; certification that waste management unit equipped with and operating air emission controls in accordance with 40 CFR part 60, part 61, or part 63	264.1089(j)(1)						
	add new paragraph; identification of specific requirements under 40 CFR part 60, part 61, or part 63 with which waste management unit is in compliance	264.1089(j)(2)						
	PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES							
	SUBPART B - GENERAL FACILITY STANDARDS							
	GENERAL INSPECTION REQUIREMENTS							
	replace “it” with “the frequency; replace “265.1089, and 265.1091b” with “and 265.1084 through 265.1090 of this part,”	265.15(b)(4)						
	SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING							
	OPERATING RECORD							
	replace “when required” with “, and corrective action where required by subpart F of this part and”; replace “265.1089, 265.1090, and 265.1091" with “and 265.1083 through 265.1090 of this part”	265.73(b)(6)						

	SUBPART AA - AIR EMISSION STANDARDS FOR PROCESS VENTS							
	APPLICABILITY							
	add quotation marks around “90-day”;add “and is not a recycling unit under the requirements of 40 CFR 261.6" at end of paragraph	265.1030(b)(3)						
	add new paragraph; requirements of part 265, subpart AA, do not apply to process vents at facility where owner or operator certifies that all process vents are equipped with and operating air emission controls in accordance with 40 CFR part 60, part 61, or part 63; documentation of compliance with 40 CFR part 60, part 61, or part 63 shall be kept or made available with facility operating record	265.1030(d)						

	STANDARDS: CLOSED-VENT SYSTEMS AND CONTROL DEVICES							
	add new paragraph; owner or operator of existing facility who cannot install closed-vent system and control device to comply with part 265, subpart AA by effective date must prepare implementation schedule that includes expected dates of installation and operation;  implementation schedule may allow up to 30 months for installation and startup	265.1033(a)(2)(i)						
	add new paragraph; unit that begins operation after December 21, 1990, and subject to requirements of part 265, subpart AA when operation begins must comply with rules immediately	265.1033(a)(2)(ii)						
	add new paragraph; owner or operator of facility in existence on effective date of statutory or EPA regulatory amendment that renders facility subject to part 265, subpart AA shall comply with requirements of part 265, subpart AA no later than 30 months after amendment’s effective date; when control equipment cannot be installed and operational by effective date facility owner or operator shall prepare implementation schedule; enter implementation schedule in operating record or permanent file at facility	265.1033(a)(2)(iii)						
	add new paragraph; owners and operators of facilities and units newly subject to part 265, subpart AA after December 8, 1997, due to action other than under 265.1033(a)(2)(iii), must comply with requirements immediately	265.1033(a)(2)(iv)						
	replace both occurrences of “oC” with “EC”	265.1033(f)(2)(vi)(B)						

	SUBPART BB - AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS							
	APPLICABILITY							
	add quotation marks around “90-day”; add “and is not a recycling unit under the provisions of 40 CFR 261.6" at end of paragraph	265.1050(b)(3)						
	remove “a period of”; replace “§ 265.1052 through § 265.1060" with “§§ 265.1052 through 265.1060"; insert comma between “identified” and “as required”	265.1050(e)						
	STANDARDS: CLOSED-VENT SYSTEMS AND CONTROL DEVICES							
	redesignate 265.1060 as 265.1060(a); add “subject to this subpart” after “devices”; add “of this part” at end	265.1060(a)						
	add new paragraph; owner or operator who cannot install closed-vent system and control device to comply with part 265, subpart BB by effective date must prepare implementation schedule including dates by which closed-vent system and control device will be installed and in operation; implementation schedule may allow up to 30 months after effective date for installation and startup	265.1060(b)(1)						
	add new paragraph; any units that begin operation after December 21, 1990, and are subject to part 265, Subpart BB, must comply with rules immediately	265.1060(b)(2)						
	add new paragraph; owner or operator of facility in existence on effective date of statutory or regulatory amendment that renders facility subject to part 265, subpart BB shall comply with subpart BB, requirements no later than 30 months after effective date of amendment; facility owner or operator shall prepare implementation schedule; enter implementation schedule in operating record or permanent file at facility	265.1060(b)(3)						
	add new paragraph; owners and operators of facilities and units newly subject to part 265, subpart BB, after December 8, 1997, due to action other than under 265.1060(b)(3), must comply with requirements immediately	265.1060(b)(4)						

	ALTERNATIVE STANDARDS FOR VALVES IN GAS/VAPOR SERVICE OR IN LIGHT LIQUID SERVICE: SKIP PERIOD LEAK DETECTION AND REPAIR							
	add “(i.e., monitor for leaks once every six months)” after “periods”; add “of this subpart” at end of paragraph	265.1062(b)(2)						
	add “(i.e., monitor for leaks once every year)” after second occurrence of “periods”; add “of this subpart” at end of paragraph	265.1062(b)(3)						
	RECORDKEEPING REQUIREMENTS							
	delete “a period of”	265.1064(g)(6)						
	revise paragraph; owner or operator of facility with equipment subject to part 265, subpart BB, and to leak detection, monitoring, and repair requirements of 40 CFR part 60, part 61, or part 63 may elect to determine compliance with subpart BB by documentation under 265.1064 or by documentation of compliance with 40 CFR part 60, part 61, or part 63; documentation of compliance under 40 CFR part 60, part 61, or part 63 shall be kept or made available with the operating record	265.1064(m)						

	SUBPART CC - AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS							
	APPLICABILITY							
	replace both “October 6, 1996" and “this date” with “December 6, 1996"	265.1080(b)(1)						
	replace “October 6, 1996" with “December 6, 1996"	265.1080(c)						
	DEFINITIONS							
	revise “In light material service”; replace “the vapor” with “The vapor”	265.1081						
	SCHEDULE FOR IMPLEMENTATION OF AIR EMISSION STANDARDS							
	replace “October 6, 1996" with “December 6, 1996"	265.1082(a)						
	replace “required by” with “or waste management units required to comply with this subpart and complete modifications of production or treatment processes to satisfy exemption criteria in accordance with § 265.1083(c) of”; replace “October 6, 1996" with “December 6, 1996"	265.1082(a)(1)						
	revise paragraph; when control equipment or waste management units required to comply with part 265, subpart CC cannot be installed and in operation or modifications of production or treatment processes to satisfy exemption criteria under § 265.1083(c) cannot be completed by December 6, 1996, owner or operator shall:	265.1082(a)(2)						
	add “and waste management units, and complete modifications of production or treatment processes” after “equipment”	265.1082(a)(2)(i)						
	replace “orders for the control equipment,” with “orders for control equipment, waste management units, and production or treatment process modifications;”;  add “or waste management units, and modifications of production or treatment processes;” before “completion”; replace “control equipment installation,” with “control equipment or waste management unit installation, and production or treatment process modifications;” delete “any”; replace “meets” with “or waste management units, and modified production or treatment processes meet”	265.1082(a)(2)(ii)						
	replace “October 6, 1996" with “December 6, 1996"	265.1082(a)(2)(iii)						
	replace “October 6, 1996" with “December 6, 1996"	265.1082(a)(2)(iv)						
	add “and units” after “facilities”; replace “statutory or regulatory amendments under the Act that render” with “a statutory or EPA regulatory amendment that renders”	265.1082(b)						
	replace “all control equipment required by” with “control equipment or waste management units required to comply with this subpart, and complete modifications of production or treatment processes to satisfy exemption criteria of § 265.1083(c) of”	265.1082(b)(1)						
	insert “or waste management units required to comply with” after “control equipment”; insert “, or when modifications of production or treatment processes to satisfy exemption criteria of § 265.1083(c) of this subpart cannot be completed” after “operation”	265.1082(b)(2)						
	replace “operate” with “begin operation of”; insert “or waste management unit, and complete modification of production or treatment processes” after “control equipment”	265.1082(b)(2)(i)						
	insert “of this part” after “§ 265.73"	265.1082(b)(2)(ii)						
	insert “of this part” after “§ 265.73"	265.1082(b)(2)(iii)						
	redesignate 265.1082(c) as 265.1082(d) and add new 265.1082(c); owners and operators of facilities and units that become newly subject to the part 265, subpart CC, requirements after December 8, 1997 due to action other than those in 265.1082(b) must comply with requirements immediately	265.1082(c)						
	insert comma between “control equipment” and “and”	265.1082(d)						
	STANDARDS: GENERAL							
	replace both occurrences of “waste management unit” with “hazardous waste management unit”; replace “§265.1085 through §265.1088" with “§§ 265.1085 through 265.1088"	265.1083(b)						
	replace “Ct” with “Ct”	265.1083(c)(2)(i)						
	add “at section 4.4 of Method 25D in 40 CFR part 60, appendix A, or a value of 25 ppmw, whichever is less” at end of paragraph	265.1083(c)(2)(ix)(A)						
	completely revise paragraph; if other analytical method used, one-half sum of limits of detection established for each organic constituent in waste that has Henry’s law constant value at least 0.1 Y/X at 25 degrees Celsius	265.1083(c)(2)(ix)(B)						
	add “or surface impoundment” after “tank”	265.1083(c)(3)						
	replace “Has” with “The organic hazardous constituents in the waste have”; replace “EPA” with “the EPA”; replace “or treated” with “or have been removed or destroyed”	265.1083(c)(4)(ii)						
	WASTE DETERMINATION PROCEDURES							
	replace “The” with “For a waste determination that is required by paragraph (a)(1) of this section, the”at beginning of paragraph	265.1084(a)(2)						
	replace “for the hazardous waste stream” with “and analyzed for a hazardous waste determination.  The average of the four or more sample results constitutes a waste determination for the waste stream.  One or more waste determinations may be required”	265.1084(a)(3)(ii)(B)						
	replace “8260(B) or 8270(C)” with “8260 or 8270"	265.1084(a)(3)(iii)						
	no change	265.1084(a)(3)(iii)(A)						
	replace both occurrences of “8260(B)” with “8260"	265.1084(a)(3)(iii)(F)						
	replace both occurrences of “8270(C)” with “8270"	265.1084(a)(3)(iii)(G)						
	insert “, introduction, and analysis” after “preparation”	265.1084(a)(3)(iii)(G)(1)						
	redesignate all except title as 265.1084(a)(3)(iv)(A)	265.1084(a)(3)(iv)						
	revise redesignated paragraph; replace “samples analyzed” with “waste determinations conducted”; replace “paragraph (a)(3)(iii)” with “paragraphs (a)(3)(ii) and (iii)”; replace all “sample” with “waste determination”; at “n =”, replace “collected (at least 4)” with “conducted”; at “Ci =”, replace “§ 265.1084(a)(3)(ii) of this subpart” with “paragraph (a)(3)(iii) of this section (i.e., the average of the four or more samples specified in paragraph (a)(3)(ii)(B) of this section)”	265.1084(a)(3)(iv)(A)						
	add new paragraph; for purpose of determining Ci, for individual waste samples analyzed in accordance with 265.1084(a)(3)(iii), owner or operator shall account for VO concentrations determined to be below limit of detection of analytical method by using following VO concentration:	265.1084(a)(3)(iv)(B)						
	add new paragraph; if Method 25D in 40 CFR part 60, appendix A is used for analysis, one-half blank value determined in method at section 4.4 of Method 25D	265.1084(a)(3)(iv)(B)(1)						
	add new paragraph; if other analytical method used, one-half sum of limits of detection established for each organic constituent in waste that has Henry’s law constant values at least 0.1 Y/X at 25 degrees Celsius	265.1084(a)(3)(iv)(B)(2)						
	add new paragraph; provided that test method is appropriate for waste as required under 265.1084(a)(3)(iii), EPA will determine compliance based on test method used by owner or operator as recorded pursuant to § 265.1090(f)(1)	265.1084(a)(3)(v)						
	add “The owner or operator may choose one or more appropriate methods to analyze each collected sample in accordance with the requirements of paragraph (a)(3)(iii) of this section” at end of paragraph	265.1084(a)(4)(iv)						
	replace “265.1083(c)(2)” with “265.1083(c)(2)(i) through (c)(2)(vi)”; replace “§ 265.1085 through § 265.1088" with “§§ 265.1085 through 265.1088"	265.1084(b)(1)						
	replace “for the hazardous waste stream” with “and analyzed for a hazardous waste determination.  The average of the four or more sample results constitutes a waste determination for the waste stream.  One or more waste determinations may be required”; insert “waste” before “compositions”; replace “process treating” with “source or process generating”	265.1084(b)(3)(ii)(B)						

	insert new second sentence; when owner or operator is making hazardous waste determination for treated hazardous waste to be compared to average VO concentration at point of waste origination or entry to treatment system, to determine if conditions of 264.1082(c)(2)(i) through (c)(2)(vi) or 265.1083(c)(2)(i) through (c)(2)(vi) are met, then waste samples shall be prepared and analyzed using same method(s) as used in making initial waste determinations at point of waste origination or at point of entry; remove “EPA” before “Method 624"; replace “8260(B) or 8270(C)” with “8260 or 8270"	265.1084(b)(3)(iii)						
	replace both occurrences of “8260(B)” with “8260"	265.1084(b)(3)(iii)(F)						
	replace both occurrences of “8270(C)” with “8270"	265.1084(b)(3)(iii)(G)						
	revise paragraph; replace “samples analyzed” with “waste determinations conducted”; replace “paragraph (b)(3)(iii)” with “paragraphs (b)(3)(ii) and (iii)”; replace all “sample” with “waste determination”; at “n =”, replace “collected (at least 4)” with “conducted”; at “Ci =”, replace “§ 265.1084(b)(3)(iii) of this subpart” with “paragraph (b)(3)(iii) of this section (i.e., the average of the four or more samples specified in paragraph (b)(3)(ii)(B) of this section)”	265.1084(b)(3)(iv)						
	add new paragraph; provided that test method is appropriate for waste as required under 265.1084(b)(3)(iii), determine compliance based on test method used by owner or operator as recorded pursuant to § 265.1090(f)(1)	265.1084(b)(3)(v)						
	revised by placing “MR = Eb - Ea” before “Where:”	265.1084(b)(8)(iii)						
	revised by moving “respectively” to follow “of this section” and by placing “MRbio = Eb x Fbio” before “Where:”	265.1084(b)(9)(iv)						
	replace “in air” with “or n-hexane and air”; add “methane or n-hexane” at end of paragraph	265.1084(d)(5)(ii)						
	STANDARDS: TANKS							
	insert “, and any manifold system associated with the fixed roof,” following “fixed roof”	265.1085(c)(2)(iii)						
	replace “and it shall” with “and shall”; insert “, except as provided for in paragraphs (c)(2)(iii)(B)(1) and (2) of this section” at end of paragraph	265.1085(c)(2)(iii)(B)						
	add new paragraph; during periods necessary to provide access to tank for performing activities of 265.1085(c)(2)(iii)(B)(2), venting of vapor headspace underneath fixed roof to control device not required, opening of closure devices is allowed, and removal of fixed roof is allowed; following completion of activity, owner or operator shall promptly secure closure device in closed position or reinstall cover and resume operation of  control device	265.1085(c)(2)(iii)(B)(1)						
	add new paragraph; during periods of routine inspection, maintenance, or other activities needed for normal operations, and for removal of accumulated sludge or other residues from bottom of tank	265.1085(c)(2)(iii)(B)(2)						
	add new paragraph; safety devices, as defined in 265.1081, may be installed and operated as necessary on tank complying with requirements of 265.1085(e)	265.1085(e)(4)						
	replace “perimeter” with “diameter”; replace “are then are” with “are then”	265.1085(f)(3)(i)(D)(4)						
	add new paragraph; safety devices, as defined in 265.1081, may be installed and operated as necessary on tank complying with requirements of 265.1085(f)	265.1085(f)(4)						
	add new paragraph; hazardous waste meets requirements of 265.1083(c)(4)	265.1085(j)(2)(iii)						
	STANDARDS: SURFACE IMPOUNDMENTS							
	replace “provisions” with “requirements”; replace “this sections” with “this section”	265.1086(b)(2)						
	replace “materials for” with “materials of construction”	265.1086(d)(1)(iii)						
	insert “the” before “surface impoundment”	265.1086(d)(2)(i)(B)						
	add new paragraph; hazardous waste meets requirements of 265.1083(c)(4)	265.1086(e)(2)(iii)						
	STANDARDS: CONTAINERS							
	revise paragraph and add requirements; container visual inspection shall be conducted on or before date that container accepted at facility; date of acceptance	265.1087(c)(4)(i)						
	revise paragraph and add requirements; container visual inspection shall be conducted on or before date that container accepted at facility; date of acceptance	265.1087(d)(4)(i)						
	completely revise paragraph; to determine compliance with 265.1087(d)(1)(ii), procedure specified in 265.1084(d) shall be used	265.1087(g)						
	STANDARDS: CLOSED-VENT SYSTEMS AND CONTROL DEVICES							
	add “that is a hazardous waste and that” after “carbon”; add “, regardless of the average volatile organic concentration of the carbon” at end of paragraph	265.1088(c)(3)(ii)						
	insert “closed-vent system and” between “The” and “control”	265.1088(c)(7)						
	RECORDKEEPING REQUIREMENTS							
	replace “paragraphs (b) through (i)” with “paragraphs (b) through (j)”; replace both occurrences of “paragraph (i)” with “paragraphs (i) and (j); replace “tank or container” with “waste management unit”; replace “§§ 264.1084 through 264.01087" with “§§ 265.1085 through 265.1088"; replace “§ 264.1084(d) of this subpart” with “§ 265.1080(d) or § 265.1080(b)(7) of this subpart, respectively”	265.1090(a)						
	delete “, the following information”; replace “the location” with “The location”	265.1090(b)(1)(ii)(B)						
	replace “or (c)(2)” with “§ 265.1083(c)(2)(i) through (c)(2)(vi)”	265.1090(f)(1)						
	add new paragraph; for each hazardous waste management unit not using air emission controls specified in 265.1085 through 265.1088 in accordance with 265.1080(b)(7), owner and operator shall record and maintain the following information:	265.1090(j)						
	add new paragraph; certification that waste management unit is equipped with and operating air emission controls in accordance with requirements under 40 CFR part 60, part 61, or part 63	265.1090(j)(1)						
	add new paragraph; identification of specific requirements codified under 40 CFR part 60, part 61, or part 63 with which unit is in compliance	265.1090(j)(2)						
	PART 265 APPENDICES							
	APPENDIX VI - COMPOUNDS WITH HENRY’S LAW CONSTANT LESS THAN 0.1 Y/X							
	revised to read as follows:							
								
	Appendix VI to Part 265‑‑Compounds With Henry's Law Constant Less Than 0.1 Y/X							
	Compound name	CAS No.							
	Acetaldol	107‑89‑1							
	Acetamide	60‑35‑5							
	2‑Acetylaminofluorene	53‑96‑3							
	3‑Acetyl‑5‑hydroxypiperidine.							
	3‑Acetylpiperidine	618‑42‑8							
	1‑Acetyl‑2‑thiourea	591‑08‑2							
	Acrylamide	79‑06‑1							
	Acrylic acid	79‑10‑7							
	Adenine	73‑24‑5							
	Adipic acid	124‑04‑9							
	Compound name	CAS No.							
	Adiponitrile	111‑69‑3							
	Alachlor	15972‑60‑8							
	Aldicarb	116‑06‑3							
	Ametryn	834‑12‑8							
	4‑Aminobiphenyl	92‑67‑1							
	4‑Aminopyridine	504‑24‑5							
	Aniline	62‑53‑3							
	o‑Anisidine	90‑04‑0							
	Anthraquinone	84‑65‑1							
	Atrazine	1912‑24‑9							
	Benzenearsonic acid	98‑05‑5							
	Benzenesulfonic acid	98‑11‑3							
	Benzidine	92‑87‑5							
	Benzo(a)anthracene	56‑55‑3							
	Benzo(k)fluoranthene	207‑08‑9							
	Benzoic acid	65‑85‑0							
	Benzo(g,h,i)perylene	191‑24‑2							
	Benzo(a)pyrene	50‑32‑8							
	Benzyl alcohol	100‑51‑6							
	gamma‑BHC	58‑89‑9							
	Bis(2‑ethylhexyl)phthalate	117‑81‑7							
	Bromochloromethyl acetate.							
	Bromoxynil	1689‑84‑5							
	Butyric acid	107‑92‑6							

	Compound name	CAS No.							
	Caprolactam (hexahydro‑2H‑azepin‑2‑one)	105‑60‑2							
	Catechol (o‑dihydroxybenzene)	120‑80‑9							
	Cellulose	9004‑34‑6							
	Cell wall.							
	Chlorhydrin (3‑Chloro‑1,2‑propanediol)	96‑24‑2							
	Chloroacetic acid	79‑11‑8							
	2‑Chloroacetophenone	93‑76‑5							
	p‑Chloroaniline	106‑47‑8							
	p‑Chlorobenzophenone	134‑85‑0							
	Chlorobenzilate	510‑15‑6							
	p‑Chloro‑m‑cresol (6‑chloro‑m‑cresol)	59‑50‑7							
	3‑Chloro‑2,5‑diketopyrrolidine.							
	Chloro‑1,2‑ethane diol.							
	4‑Chlorophenol	106‑48‑9							
	Chlorophenol polymers (2‑chlorophenol & 4‑chlorophenol)	95‑57‑8 & 106‑48‑9							
	1‑(o‑Chlorophenyl)thiourea	5344‑82‑1							
	Chrysene	218‑01‑9							
	Citric acid	77‑92‑9							
	Creosote	8001‑58‑9							
	m‑Cresol	108‑39‑4							
	o‑Cresol	95‑48‑7							
	p‑Cresol	106‑44‑5							
	Cresol (mixed isomers)	1319‑77‑3							
	4‑Cumylphenol	27576‑86							

	Compound name	CAS No.							
	Cyanide	57‑12‑5							
	4‑Cyanomethyl benzoate.							
	Diazinon	333‑41‑5							
	Dibenzo(a,h)anthracene	53‑70‑3							
	Dibutylphthalate	84‑74‑2							
	2,5‑Dichloroaniline (N,N'‑dichloroaniline)	95‑82‑9							
	2,6‑Dichlorobenzonitrile11	1194‑65‑6							
	2,6‑Dichloro‑4‑nitroaniline	99‑30‑9							
	2,5‑Dichlorophenol	333‑41‑5							
	3,4‑Dichlorotetrahydrofuran	3511‑19							
	Dichlorvos (DDVP)	62737							
	Diethanolamine	111‑42‑2							
	N,N‑Diethylaniline	91‑66‑7							
	Diethylene glycol	111‑46‑6							
	Diethylene glycol dimethyl ether (dimethyl Carbitol)	111‑96‑6							
	Diethylene glycol monobutyl ether (butyl Carbitol)	112‑34‑5							
	Diethylene glycol monoethyl ether acetate (Carbitol acetate)	112‑15‑2							
	Diethylene glycol monoethyl ether (Carbitol Cellosolve)	111‑90‑0							
	Diethylene glycol monomethyl ether (methyl Carbitol)	111‑77‑3							
	N,N'‑Diethylhydrazine	1615‑80‑1							
	Diethyl (4‑methylumbelliferyl) thionophosphate	299‑45‑6							
	Diethyl phosphorothioate	126‑75‑0							
	N,N'‑Diethylpropionamide	15299‑99‑7							
	Dimethoate	60‑51‑5							

	Compound name	CAS No.							
	2,3‑Dimethoxystrychnidin‑10‑one	357‑57‑3							
	4‑Dimethylaminoazobenzene	60‑11‑7							
	7,12‑Dimethylbenz(a)anthracene	57‑97‑6							
	3,3‑Dimethylbenzidine	119‑93‑7							
	Dimethylcarbamoyl chloride	79‑44‑7							
	Dimethyldisulfide	624‑92‑0							
	Dimethylformamide	68‑12‑2							
	1,1‑Dimethylhydrazine	57‑14‑7							
	Dimethylphthalate	131‑11‑3							
	Dimethylsulfone	67‑71‑0							
	Dimethylsulfoxide	67‑68‑5							
	4,6‑Dinitro‑o‑cresol	534‑52‑1							
	1,2‑Diphenylhydrazine	122‑66‑7							
	Dipropylene glycol (1,1'‑oxydi‑2‑propanol)	110‑98‑5							
	Endrin	72‑20‑8							
	Epinephrine	51‑43‑4							
	mono‑Ethanolamine	141‑43‑5							
	Ethyl carbamate (urethane)	5‑17‑96							
	Ethylene glycol	107‑21‑1							
	Ethylene glycol monobutyl ether (butyl Cellosolve)	111‑76‑2							
	Ethylene glycol monoethyl ether (Cellosolve)	110‑80‑5							
	Ethylene glycol monoethyl ether acetate (Cellosolve acetate)	111‑15‑9							
	Ethylene glycol monomethyl ether (methyl Cellosolve)	109‑86‑4							
	Ethylene glycol monophenyl ether (phenyl Cellosolve)	122‑99‑6							

	Compound name	CAS No.							
	Ethylene glycol monopropyl ether (propyl Cellosolve)	2807‑30‑9							
	Ethylene thiourea (2‑imidazolidinethione)	9‑64‑57							
	4‑Ethylmorpholine	100‑74‑3							
	3‑Ethylphenol	620‑17‑7							
	Fluoroacetic acid, sodium salt	62‑74‑8							
	Formaldehyde	50‑00‑0							
	Formamide	75‑12‑7							
	Formic acid	64‑18‑6							
	Fumaric acid	110‑17‑8							
	Glutaric acid	110‑94‑1							
	Glycerin (Glycerol)	56‑81‑5							
	Glycidol	556‑52‑5							
	Glycinamide	598‑41‑4							
	Glyphosate	1071‑83‑6							
	Guthion	86‑50‑0							
	Hexamethylene‑1,6‑diisocyanate (1,6‑diisocyanatohexane)	822‑06‑0							
	Hexamethyl phosphoramide	680‑31‑9							
	Hexanoic acid	142‑62‑1							
	Hydrazine	302‑01‑2							
	Hydrocyanic acid	74‑90‑8							
	Hydroquinone	123‑31‑9							
	Hydroxy‑2‑propionitrile (hydracrylonitrile)	109‑78‑4							
	Indeno (1,2,3‑cd) pyrene	193‑39‑5							
	Lead acetate	301‑04‑2							

	Compound name	CAS No.							
	Lead subacetate (lead acetate, monobasic)	1335‑32‑6							
	Leucine	61‑90‑5							
	Malathion	121‑75‑5							
	Maleic acid	110‑16‑7							
	Maleic anhydride	108‑31‑6							
	Mesityl oxide	141‑79‑7							
	Methane sulfonic acid	75‑75‑2							
	Methomyl	16752‑77‑5							
	p‑Methoxyphenol	150‑76‑5							
	Methyl acrylate	96‑33‑3							
	4,4'‑Methylene‑bis‑(2‑chloroaniline)	101‑14‑4							
	4,4'‑Methylenediphenyl diisocyanate (diphenyl methane diisocyanate)	101‑68‑8							
	4,4'‑Methylenedianiline	101‑77‑9							
	Methylene diphenylamine (MDA).							
	5‑Methylfurfural	620‑02‑0							
	Methylhydrazine	60‑34‑4							
	Methyliminoacetic acid.							
	Methyl methane sulfonate	66‑27‑3							
	1‑Methyl‑2‑methoxyaziridine.							
	Methylparathion	298‑00‑0							
	Methyl sulfuric acid (sulfuric acid, dimethyl ester)	77‑78‑1							
	4‑Methylthiophenol	106‑45‑6							
	Monomethylformamide (N‑methylformamide)	123‑39‑7							
	Nabam	142‑59‑6							

	Compound name	CAS No.							
	alpha‑Naphthol	90‑15‑3							
	beta‑Naphthol	135‑19‑3							
	alpha‑Naphthylamine	134‑32‑7							
	beta‑Naphthylamine	91‑59‑8							
	Neopentyl glycol (dimethylolpropane)	126‑30‑7							
	Niacinamide	98‑92‑0							
	o‑Nitroaniline	88‑74‑4							
	Nitroglycerin	55‑63‑0							
	2‑Nitrophenol	88‑75‑5							
	4‑Nitrophenol	100‑02‑7							
	N‑Nitrosodimethylamine	62‑75‑9							
	Nitrosoguanidine	674‑81‑7							
	N‑Nitroso‑n‑methylurea	684‑93‑5							
	N‑Nitrosomorpholine (4‑nitrosomorpholine)	59‑89‑2							
	Oxalic acid	144‑62‑7							
	Parathion	56‑38‑2							
	Pentaerythritol	115‑77‑5							
	Phenacetin	62‑44‑2							
	Phenol	108‑95‑2							
	Phenylacetic acid	103‑82‑2							
	m‑Phenylene diamine	108‑45‑2							
	o‑Phenylene diamine	95‑54‑5							
	p‑Phenylene diamine	106‑50‑3							
	Phenyl mercuric acetate	62‑38‑4							

	Compound name	CAS No.							
	Phorate	298‑02‑2							
	Phthalic anhydride	85‑44‑9							
	alpha‑Picoline (2‑methyl pyridine)	109‑06‑8							
	1,3‑Propane sulfone	1120‑71‑4							
	beta‑Propiolactone	57‑57‑8							
	Proporur (Baygon).							
	Propylene glycol	57‑55‑6							
	Pyrene	129‑00‑0							
	Pyridinium bromide	39416‑48‑3							
	Quinoline	91‑22‑5							
	Quinone (p‑benzoquinone)	106‑51‑4							
	Resorcinol	108‑46‑3							
	Simazine	122‑34‑9							
	Sodium acetate	127‑09‑3							
	Sodium formate	141‑53‑7							
	Strychnine	57‑24‑9							
	Succinic acid	110‑15‑6							
	Succinimide	123‑56‑8							
	Sulfanilic acid	121‑47‑1							
	Terephthalic acid	100‑21‑0							
	Tetraethyldithiopyrophosphate	3689‑24‑5							
	Tetraethylenepentamine	112‑57‑2							
	Thiofanox	39196‑18‑4							
	Thiosemicarbazide	79‑19‑6							
	Compound name	CAS No.							
	2,4‑Toluenediamine	95‑80‑7							
	2,6‑Toluenediamine	823‑40‑5							
	3,4‑Toluenediamine	496‑72‑0							
	2,4‑Toluene diisocyanate	584‑84‑9							
	p‑Toluic acid	99‑94‑5							
	m‑Toluidine	108‑44‑1							
	1,1,2‑Trichloro‑1,2,2‑trifluoroethane	76‑13‑1							
	Triethanolamine	102‑71‑6							
	Triethylene glycol dimethyl ether.							
	Tripropylene glycol	24800‑44‑0							
	Warfarin	81‑81‑2							
	3,4‑Xylenol (3,4‑dimethylphenol)	95‑65‑8							
								
	PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM							
	SUBPART B - PERMIT APPLICATION							
	CONTENTS OF PART B: GENERAL REQUIREMENTS							
	insert “of this part” following “264.15(b)” and following “264.1088"	270.14(b)(5)