[Code of Federal Regulations]
[Title 40, Volume 11]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.1256]

[Page 106-122]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents
 
 Subpart GGG--National Emission Standards for Pharmaceuticals Production
 
Sec. 63.1256  Standards: Wastewater.

    (a) General. Each owner or operator of any affected source (existing 
or new) shall comply with the general wastewater requirements in 
paragraphs (a)(1) through (3) of this section and the maintenance 
wastewater provisions in paragraph (a)(4) of this section. An owner or 
operator may transfer wastewater to a treatment operation not owned by 
the owner or operator in accordance with paragraph (a)(5) of this 
section.
    (1) Identify wastewater that requires control. For each POD, the 
owner or operator shall comply with the requirements in either paragraph 
(a)(1)(i) or (ii) of this section to determine whether a wastewater 
stream is an affected wastewater stream that requires control for 
soluble and/or partially soluble HAP compounds or to designate the 
wastewater stream as an affected wastewater stream, respectively. The 
owner or operator may use a combination of the approaches in paragraphs 
(a)(1)(i) and (ii) of this section for different affected wastewater 
generated at the source.
    (i) Determine characteristics of a wastewater stream. At new and 
existing sources, a wastewater stream is an affected wastewater stream 
if the annual average concentration and annual load exceed any of the 
criteria specified in paragraph (a)(1)(i)(A) through (C) of this 
section. At new sources, a wastewater stream is subject to additional 
control requirements if the annual average concentration and annual load 
exceed the criteria specified in paragraphs (a)(1)(i)(D) of this 
section. The owner or operator shall comply with the provisions of Sec. 
63.1257(e)(1) to determine the annual average concentrations and annual 
load of partially soluble and soluble HAP compounds.
    (A) The wastewater stream contains partially soluble HAP compounds 
at an annual average concentration greater than 1,300 ppmw, and the 
total soluble and partially soluble HAP load in all wastewater from the 
PMPU exceeds 0.25 Mg/yr.
    (B) The wastewater stream contains partially soluble and/or soluble 
HAP compounds at an annual average concentration greater than 5,200 
ppmw, and the total soluble and partially soluble HAP load in all 
wastewater from the PMPU exceeds 0.25 Mg/yr.
    (C) The wastewater stream contains partially soluble and/or soluble 
HAP at an annual average concentration of greater than 10,000 ppmw, and 
the total partially soluble and/or soluble HAP

[[Page 107]]

load in all wastewater from the affected source is greater than 1 Mg/yr.
    (D) The wastewater stream contains soluble HAP compounds at an 
annual average concentration greater than 110,000 ppmw, and the total 
soluble and partially soluble HAP load in all wastewater from the PMPU 
exceeds 1 Mg/yr.
    (ii) Designate wastewater as affected wastewater. For existing 
sources, the owner or operator may elect to designate wastewater streams 
as meeting the criteria of either paragraphs (a)(1)(i)(A),(B), or (C) of 
this section. For new sources, the owner or operator may elect to 
designate wastewater streams meeting the criterion in paragraph 
(a)(1)(i)(D) or for wastewater known to contain no soluble HAP, as 
meeting the criterion in paragraph (a)(1)(i)(A) of this section. For 
designated wastewater the procedures specified in paragraphs 
(a)(1)(ii)(A) and (B) of this section shall be followed, except as 
specified in paragraphs (g)(8)(i), (g)(9)(i), and (g)(10) of this 
section. The owner or operator is not required to determine the annual 
average concentration or load for each designated wastewater stream for 
the purposes of this section.
    (A) From the POD for the wastewater stream that is designated as an 
affected wastewater stream to the location where the owner or operator 
elects to designate such wastewater stream as an affected wastewater 
stream, the owner or operator shall comply with all applicable emission 
suppression requirements specified in paragraphs (b) through (f) of this 
section.
    (B) From the location where the owner or operator designates a 
wastewater stream as an affected wastewater stream, such wastewater 
stream shall be managed in accordance with all applicable emission 
suppression requirements specified in paragraphs (b) through (f) of this 
section and with the treatment requirements in paragraph (g) of this 
section.
    (iii) Scrubber Effluent. Effluent from a water scrubber that has 
been used to control Table 2 HAP-containing vent streams that are 
controlled in order to meet the process vent requirements in Sec. 63.1254 
of this subpart is considered an affected wastewater stream.
    (2) Requirements for affected wastewater. (i) An owner or operator 
of a facility shall comply with the applicable requirements for 
wastewater tanks, surface impoundments, containers, individual drain 
systems, and oil/water separators as specified in paragraphs (b) through 
(f) of this section, except as provided in paragraph (g)(3) of this 
section.
    (ii) Comply with the applicable requirements for control of soluble 
and partially soluble compounds as specified in paragraph (g) of this 
section. Alternatively, the owner or operator may elect to comply with 
the treatment provisions specified in paragraph (a)(5) of this section.
    (iii) Comply with the applicable monitoring and inspection 
requirements specified in Sec. 63.1258.
    (iv) Comply with the applicable recordkeeping and reporting 
requirements specified in Secs. 63.1259 and 63.1260.
    (3) Requirements for multiphase discharges. The owner or operator 
shall not discharge a separate phase that can be isolated through 
gravity separation from the aqueous phase to a waste management or 
treatment unit, unless the stream is discharged to a treatment unit in 
compliance with paragraph (g)(13) of this section.
    (4) Maintenance wastewater requirements. Each owner or operator of a 
source subject to this subpart shall comply with the requirements of 
paragraphs (a)(4)(i) through (iv) of this section for maintenance 
wastewater containing partially soluble or soluble HAP listed in Tables 
2 and 3 of this subpart. Maintenance wastewater is exempt from all other 
provisions of this subpart.
    (i) The owner or operator shall prepare a description of maintenance 
procedures for management of wastewater generated from the emptying and 
purging of equipment in the process during temporary shutdowns for 
inspections, maintenance, and repair (i.e., a maintenance turnaround) 
and during periods which are not shutdowns (i.e., routine maintenance). 
The descriptions shall:
    (A) Specify the process equipment or maintenance tasks that are 
anticipated to create wastewater during maintenance activities; and

[[Page 108]]

    (B) Specify the procedures that will be followed to properly manage 
the wastewater and minimize organic HAP emissions to the atmosphere; and
    (C) Specify the procedures to be followed when clearing materials 
from process equipment.
    (ii) The owner or operator shall modify and update the information 
required by paragraph (a)(4)(i) of this section as needed following each 
maintenance procedure based on the actions taken and the wastewater 
generated in the preceding maintenance procedure.
    (iii) The owner or operator shall implement the procedures described 
in paragraphs (a)(4)(i) and (ii) of this section as part of the startup, 
shutdown, and malfunction plan required under Sec. 63.6(e)(3).
    (iv) The owner or operator shall maintain a record of the 
information required by paragraphs (a)(4)(i) and (ii) of this section as 
part of the startup, shutdown, and malfunction plan required under Sec. 
63.6(e)(3).
    (5) Offsite treatment or onsite treatment not owned or operated by 
the source. The owner or operator may elect to transfer affected 
wastewater streams or a residual removed from such affected wastewater 
to an onsite treatment operation not owned or operated by the owner or 
operator of the source generating the wastewater or residual, or to an 
offsite treatment operation.
    (i) The owner or operator transferring the wastewater or residual 
shall:
    (A) Comply with the provisions specified in paragraphs (b) through 
(f) of this section for each waste management unit that receives or 
manages affected wastewater or a residual removed from affected 
wastewater prior to shipment or transport.
    (B) Include a notice with each shipment or transport of affected 
wastewater or residual removed from affected wastewater. The notice 
shall state that the affected wastewater or residual contains organic 
HAP that are to be treated in accordance with the provisions of this 
subpart. When the transport is continuous or ongoing (for example, 
discharge to a publicly-owned treatment works), the notice shall be 
submitted to the treatment operator initially and whenever there is a 
change in the required treatment. The owner or operator shall keep a 
record of the notice in accordance with Sec. 63.1259(g).
    (ii) The owner or operator may not transfer the affected wastewater 
or residual unless the transferee has submitted to the EPA a written 
certification that the transferee will manage and treat any affected 
wastewater or residual removed from affected wastewater received from a 
source subject to the requirements of this subpart in accordance with 
the requirements of either:
    (A) Paragraphs (b) through (i) of this section; or
    (B) Subpart D of this part if alternative emission limitations have 
been granted the transferor in accordance with those provisions; or
    (C) Section 63.6(g); or
    (D) If the affected wastewater streams or residuals removed from 
affected wastewater streams received by the transferee contain less than 
50 ppmw of partially soluble HAP, then the transferee must, at a 
minimum, manage and treat the affected wastewater streams and residuals 
in accordance with one of the following:
    (1) Comply with paragraph (g)(10) of this section and cover the 
waste management units up to the activated sludge unit; or
    (2) Comply with paragraphs (g)(11)(i), (ii), and (h) of this section 
and cover the waste management units up to the activated sludge unit; or
    (3) Comply with paragraph (g)(10) of this section provided that the 
owner or operator of the affected source demonstrates that less than 5 
percent of the total soluble HAP is emitted from waste management units 
up to the activated sludge unit; or
    (4) Comply with paragraphs (g)(11)(i), (ii), and (h) of this section 
provided that the owner or operator of the affected source demonstrates 
that less than 5 percent of the total soluble HAP is emitted from waste 
management units up to the activated sludge unit.
    (iii) The certifying entity may revoke the written certification by 
sending a written statement to the EPA and the owner or operator giving 
at least 90 days notice that the certifying entity is rescinding 
acceptance of responsibility for compliance with the

[[Page 109]]

regulatory provisions listed in this paragraph. Upon expiration of the 
notice period, the owner or operator may not transfer the wastewater 
stream or residual to the treatment operation.
    (iv) By providing this written certification to the EPA, the 
certifying entity accepts responsibility for compliance with the 
regulatory provisions listed in paragraph (a)(5)(ii) of this section 
with respect to any shipment of wastewater or residual covered by the 
written certification. Failure to abide by any of those provisions with 
respect to such shipments may result in enforcement action by the EPA 
against the certifying entity in accordance with the enforcement 
provisions applicable to violations of these provisions by owners or 
operators of sources.
    (v) Written certifications and revocation statements, to the EPA 
from the transferees of wastewater or residuals shall be signed by the 
responsible official of the certifying entity, provide the name and 
address of the certifying entity, and be sent to the appropriate EPA 
Regional Office at the addresses listed in Sec. 63.13. Such written 
certifications are not transferable by the treater.
    (b) Wastewater tanks. For each wastewater tank that receives, 
manages, or treats affected wastewater or a residual removed from 
affected wastewater, the owner or operator shall comply with the 
requirements of either paragraph (b)(1) or (2) of this section as 
specified in Table 6 of this subpart.
    (1) The owner or operator shall operate and maintain a fixed roof 
except when the contents of the wastewater tank are heated, treated by 
means of an exothermic reaction, or sparged, during which time the owner 
or operator shall comply with the requirements specified in paragraph 
(b)(2) of this section. For the purposes of this paragraph, the 
requirements of paragraph (b)(2) of this section are satisfied by 
operating and maintaining a fixed roof if the owner or operator 
demonstrates that the total soluble and partially soluble HAP emissions 
from the wastewater tank are no more than 5 percent higher than the 
emissions would be if the contents of the wastewater tank were not 
heated, treated by an exothermic reaction, or sparged.
    (2) The owner or operator shall comply with the requirements in 
paragraphs (b)(3) through (9) of this section and shall operate and 
maintain one of the emission control techniques listed in paragraphs 
(b)(2)(i) through (iii) of this section.
    (i) A fixed roof and a closed-vent system that routes the organic 
HAP vapors vented from the wastewater tank to a control device; or
    (ii) A fixed roof and an internal floating roof that meets the 
requirements specified in Sec. 63.119(b), with the differences noted in Sec. 
63.1257(c)(3)(i) through (iii) for the purposes of this subpart; or
    (iii) An external floating roof that meets the requirements 
specified in Secs. 63.119(c), 63.120(b)(5), and 63.120(b)(6), with the 
differences noted in Sec. 63.1257(c)(3)(i) through (v) for the purposes of 
this subpart.
    (3) If the owner or operator elects to comply with the requirements 
of paragraph (b)(2)(i) of this section, the fixed roof shall meet the 
requirements of paragraph (b)(3)(i) of this section, the control device 
shall meet the requirements of paragraph (b)(3)(ii) of this section, and 
the closed-vent system shall meet the requirements of paragraph 
(b)(3)(iii) of this section.
    (i) The fixed roof shall meet the following requirements:
    (A) Except as provided in paragraph (b)(3)(iv) of this section, the 
fixed roof and all openings (e.g., access hatches, sampling ports, and 
gauge wells) shall be maintained in accordance with the requirements 
specified in Sec. 63.1258(h).
    (B) Each opening shall be maintained in a closed position (e.g., 
covered by a lid) at all times that the wastewater tank contains 
affected wastewater or residual removed from affected wastewater except 
when it is necessary to use the opening for wastewater sampling, 
removal, or for equipment inspection, maintenance, or repair.
    (ii) The control device shall be designed, operated, and inspected 
in accordance with the requirements of paragraph (h) of this section.
    (iii) Except as provided in paragraph (b)(3)(iv) of this section, 
the closed-vent system shall be inspected in accordance with the 
requirements of Sec. 63.1258(h).

[[Page 110]]

    (iv) For any fixed roof tank and closed-vent system that is operated 
and maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.1258(h).
    (4) If the owner or operator elects to comply with the requirements 
of paragraph (b)(2)(ii) of this section, the floating roof shall be 
inspected according to the procedures specified in Sec. 63.120(a)(2) and 
(3), with the differences noted in Sec. 63.1257(c)(3)(iv) for the purposes 
of this subpart.
    (5) Except as provided in paragraph (b)(6) of this section, if the 
owner or operator elects to comply with the requirements of paragraph 
(b)(2)(iii) of this section, seal gaps shall be measured according to 
the procedures specified in Sec. 63.120(b)(2)(i) through (b)(4) and the 
wastewater tank shall be inspected to determine compliance with Sec. 
63.120(b)(5) and (6) according to the schedule specified in Sec. 
63.120(b)(1)(i) through (iii).
    (6) If the owner or operator determines that it is unsafe to perform 
the seal gap measurements specified in Sec. 63.120(b)(2)(i) through (b)(4) 
or to inspect the wastewater tank to determine compliance with Sec. 
63.120(b)(5) and (6) because the floating roof appears to be 
structurally unsound and poses an imminent or potential danger to 
inspecting personnel, the owner or operator shall comply with the 
requirements in either paragraph (b)(6)(i) or (ii) of this section.
    (i) The owner or operator shall measure the seal gaps or inspect the 
wastewater tank within 30 calendar days of the determination that the 
floating roof is unsafe.
    (ii) The owner or operator shall empty and remove the wastewater 
tank from service within 45 calendar days of determining that the roof 
is unsafe. If the wastewater tank cannot be emptied within 45 calendar 
days, the owner or operator may utilize up to two extensions of up to 30 
additional calendar days each. Documentation of a decision to utilize an 
extension shall include an explanation of why it was unsafe to perform 
the inspection or seal gap measurement, shall document that alternate 
storage capacity is unavailable, and shall specify a schedule of actions 
that will ensure that the wastewater tank will be emptied as soon as 
possible.
    (7) Except as provided in paragraph (b)(6) of this section, each 
wastewater tank shall be inspected initially, and semiannually 
thereafter, for improper work practices in accordance with Sec. 63.1258(g). 
For wastewater tanks, improper work practice includes, but is not 
limited to, leaving open any access door or other opening when such door 
or opening is not in use.
    (8) Except as provided in paragraph (b)(6) of this section, each 
wastewater tank shall be inspected for control equipment failures as 
defined in paragraph (b)(8)(i) of this section according to the schedule 
in paragraphs (b)(8)(ii) and (iii) of this section in accordance with Sec. 
63.1258(g).
    (i) Control equipment failures for wastewater tanks include, but are 
not limited to, the conditions specified in paragraphs (b)(8)(i)(A) 
through (I) of this section.
    (A) The floating roof is not resting on either the surface of the 
liquid or on the leg supports.
    (B) There is stored liquid on the floating roof.
    (C) A rim seal is detached from the floating roof.
    (D) There are holes, tears, cracks or gaps in the rim seal or seal 
fabric of the floating roof.
    (E) There are visible gaps between the seal of an internal floating 
roof and the wall of the wastewater tank.
    (F) There are gaps between the metallic shoe seal or the liquid 
mounted primary seal of an external floating roof and the wall of the 
wastewater tank that exceed 212 square centimeters per meter of tank 
diameter or the width of any portion of any gap between the primary seal 
and the tank wall exceeds 3.81 centimeters.
    (G) There are gaps between the secondary seal of an external 
floating roof and the wall of the wastewater tank that exceed 21.2 
square centimeters per meter of tank diameter or the width of any 
portion of any gap between the secondary seal and the tank wall exceeds 
1.27 centimeters.
    (H) Where a metallic shoe seal is used on an external floating roof, 
one end of the metallic shoe does not extend into

[[Page 111]]

the stored liquid or one end of the metallic shoe does not extend a 
minimum vertical distance of 61 centimeters above the surface of the 
stored liquid.
    (I) A gasket, joint, lid, cover, or door has a crack or gap, or is 
broken.
    (ii) The owner or operator shall inspect for the control equipment 
failures in paragraphs (b)(8)(i)(A) through (H) according to the 
schedule specified in paragraphs (b)(4) and (5) of this section.
    (iii) The owner or operator shall inspect for the control equipment 
failures in paragraph (b)(8)(i)(I) of this section initially, and 
semiannually thereafter.
    (9) Except as provided in paragraph (i) of this section, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification. If a failure that is detected during 
inspections required by this section cannot be repaired within 45 
calendar days and if the tank cannot be emptied within 45 calendar days, 
the owner or operator may utilize up to two extensions of up to 30 
additional calendar days each. Documentation of a decision to utilize an 
extension shall include a description of the failure, shall document 
that alternate storage capacity is unavailable, and shall specify a 
schedule of actions that will ensure that the control equipment will be 
repaired or the tank will be emptied as soon as practical.
    (c) Surface impoundments. For each surface impoundment that 
receives, manages, or treats affected wastewater or a residual removed 
from affected wastewater, the owner or operator shall comply with the 
requirements of paragraphs (c)(1), (2), and (3) of this section.
    (1) The owner or operator shall operate and maintain on each surface 
impoundment either a cover (e.g., air-supported structure or rigid 
cover) and a closed-vent system that routes the organic hazardous air 
pollutants vapors vented from the surface impoundment to a control 
device in accordance with paragraphs (c)(1)(i), (iii), (iv), and (v) of 
this section, or a floating flexible membrane cover as specified in 
paragraph (c)(1)(ii) of this section.
    (i) The cover and all openings shall meet the following 
requirements:
    (A) Except as provided in paragraph (c)(1)(v) of this section, the 
cover and all openings (e.g., access hatches, sampling ports, and gauge 
wells) shall be maintained in accordance with the requirements specified 
in Sec. 63.1258(h).
    (B) Each opening shall be maintained in a closed position (e.g., 
covered by a lid) at all times that affected wastewater or residual 
removed from affected wastewater is in the surface impoundment except 
when it is necessary to use the opening for sampling, removal, or for 
equipment inspection, maintenance, or repair.
    (C) The cover shall be used at all times that affected wastewater or 
residual removed from affected wastewater is in the surface impoundment 
except during removal of treatment residuals in accordance with 40 CFR 
268.4 or closure of the surface impoundment in accordance with 40 CFR 
264.228.
    (ii) Floating flexible membrane covers shall meet the requirements 
specified in paragraphs (c)(1)(ii)(A) through (F) of this section.
    (A) The floating flexible cover shall be designed to float on the 
liquid surface during normal operations, and to form a continuous 
barrier over the entire surface area of the liquid.
    (B) The cover shall be fabricated from a synthetic membrane material 
that is either:
    (1) High density polyethylene (HDPE) with a thickness no less than 
2.5 millimeters (100 mils); or
    (2) A material or a composite of different materials determined to 
have both organic permeability properties that are equivalent to those 
of the material listed in paragraph (c)(1)(ii)(B)(1) of this section, 
and chemical and physical properties that maintain the material 
integrity for the intended service life of the material.
    (C) The cover shall be installed in a manner such that there are no 
visible cracks, holes, gaps, or other open spaces between cover section 
seams or between the interface of the cover edge and its foundation 
mountings.
    (D) Except as provided for in paragraph (c)(1)(ii)(E) of this 
section, each

[[Page 112]]

opening in the floating membrane cover shall be equipped with a closure 
device designed to operate such that when the closure device is secured 
in the closed position there are no visible cracks, holes, gaps, or 
other open spaces in the closure device or between the perimeter of the 
cover opening and the closure device.
    (E) The floating membrane cover may be equipped with one or more 
emergency cover drains for removal of stormwater. Each emergency cover 
drain shall be equipped with a slotted membrane fabric cover that covers 
at least 90 percent of the area of the opening or a flexible fabric 
sleeve seal.
    (F) The closure devices shall be made of suitable materials that 
will minimize exposure of organic HAP to the atmosphere, to the extent 
practical, and will maintain the integrity of the equipment throughout 
its intended service life. Factors to be considered in designing the 
closure devices shall include: the effects of any contact with the 
liquid and its vapor managed in the surface impoundment; the effects of 
outdoor exposure to wind, moisture, and sunlight; and the operating 
practices used for the surface impoundment on which the floating 
membrane cover is installed.
    (G) Whenever affected wastewater or residual from affected 
wastewater is in the surface impoundment, the floating membrane cover 
shall float on the liquid and each closure device shall be secured in 
the closed position. Opening of closure devices or removal of the cover 
is allowed to provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations and/or to remove accumulated sludge or other residues from 
the bottom of surface impoundment. Openings shall be maintained in 
accordance with Sec. 63.1258(h).
    (iii) The control device shall be designed, operated, and inspected 
in accordance with paragraph (h) of this section.
    (iv) Except as provided in paragraph (c)(1)(v) of this section, the 
closed-vent system shall be inspected in accordance with Sec. 63.1258(h).
    (v) For any cover and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.1258(h).
    (2) Each surface impoundment shall be inspected initially, and 
semiannually thereafter, for improper work practices and control 
equipment failures in accordance with Sec. 63.1258(g).
    (i) For surface impoundments, improper work practice includes, but 
is not limited to, leaving open any access hatch or other opening when 
such hatch or opening is not in use.
    (ii) For surface impoundments, control equipment failure includes, 
but is not limited to, any time a joint, lid, cover, or door has a crack 
or gap, or is broken.
    (3) Except as provided in paragraph (i) of this section, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification.
    (d) Containers. For each container that receives, manages, or treats 
affected wastewater or a residual removed from affected wastewater, the 
owner or operator shall comply with the requirements of paragraphs 
(d)(1) through (5) of this section.
    (1) The owner or operator shall operate and maintain a cover on each 
container used to handle, transfer, or store affected wastewater or a 
residual removed from affected wastewater in accordance with the 
following requirements:
    (i) Except as provided in paragraph (d)(3)(iv) of this section, if 
the capacity of the container is greater than 0.42 m3, the 
cover and all openings (e.g., bungs, hatches, sampling ports, and 
pressure relief devices) shall be maintained in accordance with the 
requirements specified in Sec. 63.1258(h).
    (ii) If the capacity of the container is less than or equal to 0.42 
m3, the owner or operator shall comply with either paragraph 
(d)(1)(ii)(A) or (B) of this section.
    (A) The container must meet existing Department of Transportation 
specifications and testing requirements under 49 CFR part 178; or

[[Page 113]]

    (B) Except as provided in paragraph (d)(3)(iv) of this section, the 
cover and all openings shall be maintained without leaks as specified in 
Sec. 63.1258(h).
    (iii) The cover and all openings shall be maintained in a closed 
position (e.g., covered by a lid) at all times that affected wastewater 
or a residual removed from affected wastewater is in the container 
except when it is necessary to use the opening for filling, removal, 
inspection, sampling, or pressure relief events related to safety 
considerations.
    (2) Filling of large containers. Pumping affected wastewater or a 
residual removed from affected wastewater into a container with a 
capacity greater than or equal to 0.42 m\3\ shall be conducted in 
accordance with the conditions in paragraphs (d)(2)(i) and (ii) of this 
section.
    (i) Comply with any one of the procedures specified in paragraph 
(d)(2)(i)(A), (B), or (C) of this section.
    (A) Use a submerged fill pipe. The submerged fill pipe outlet shall 
extend to no more than 6 inches or within two fill pipe diameters of the 
bottom of the container while the container is being filled.
    (B) Locate the container within an enclosure with a closed-vent 
system that routes the organic HAP vapors vented from the container to a 
control device.
    (C) Use a closed-vent system to vent the displaced organic vapors 
vented from the container to a control device or back to the equipment 
from which the wastewater is transferred.
    (ii) The cover shall remain in place and all openings shall be 
maintained in a closed position except for those openings required for 
the submerged fill pipe and for venting of the container to prevent 
physical damage or permanent deformation of the container or cover.
    (3) During treatment of affected wastewater or a residual removed 
from affected wastewater, including aeration, thermal or other 
treatment, in a container, whenever it is necessary for the container to 
be open, the container shall be located within an enclosure with a 
closed-vent system that routes the organic HAP vapors vented from the 
container to a control device.
    (i) Except as provided in paragraph (d)(3)(iv) of this section, the 
enclosure and all openings (e.g., doors, hatches) shall be maintained in 
accordance with the requirements specified in Sec. 63.1258(h).
    (ii) The control device shall be designed, operated, and inspected 
in accordance with paragraph (h) of this section.
    (iii) Except as provided in paragraph (d)(3)(iv) of this section, 
the closed-vent system shall be inspected in accordance with Sec. 
63.1258(h).
    (iv) For any enclosure and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.1258(h).
    (4) Each container shall be inspected initially, and semiannually 
thereafter, for improper work practices and control equipment failures 
in accordance with Sec. 63.1258(g).
    (i) For containers, improper work practice includes, but is not 
limited to, leaving open any access hatch or other opening when such 
hatch or opening is not in use.
    (ii) For containers, control equipment failure includes, but is not 
limited to, any time a cover or door has a gap or crack, or is broken.
    (5) Except as provided in paragraph (i) of this section, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 15 calendar 
days after identification.
    (e) Individual drain systems. For each individual drain system that 
receives or manages affected wastewater or a residual removed from 
affected wastewater, the owner or operator shall comply with the 
requirements of paragraphs (e) (1), (2), and (3) or with paragraphs (e) 
(4), (5), and (6) of this section.
    (1) If the owner or operator elects to comply with this paragraph, 
the owner or operator shall operate and maintain on each opening in the 
individual drain system a cover and if vented, route the vapors to a 
process or through a closed-vent system to a control device. The owner 
or operator shall comply with

[[Page 114]]

the requirements of paragraphs (e)(1) (i) through (v) of this section.
    (i) The cover and all openings shall meet the following 
requirements:
    (A) Except as provided in paragraph (e)(1)(iv) of this section, the 
cover and all openings (e.g., access hatches, sampling ports) shall be 
maintained in accordance with the requirements specified in Sec. 
63.1258(h).
    (B) The cover and all openings shall be maintained in a closed 
position at all times that affected wastewater or a residual removed 
from affected wastewater is in the drain system except when it is 
necessary to use the opening for sampling or removal, or for equipment 
inspection, maintenance, or repair.
    (ii) The control device shall be designed, operated, and inspected 
in accordance with paragraph (h) of this section.
    (iii) Except as provided in paragraph (e)(1)(iv) of this section, 
the closed-vent system shall be inspected in accordance with Sec. 
63.1258(h).
    (iv) For any cover and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.1258(h).
    (v) The individual drain system shall be designed and operated to 
segregate the vapors within the system from other drain systems and the 
atmosphere.
    (2) Each individual drain system shall be inspected initially, and 
semiannually thereafter, for improper work practices and control 
equipment failures, in accordance with Sec. 63.1258(g).
    (i) For individual drain systems, improper work practice includes, 
but is not limited to, leaving open any access hatch or other opening 
when such hatch or opening is not in use for sampling or removal, or for 
equipment inspection, maintenance, or repair.
    (ii) For individual drain systems, control equipment failure 
includes, but is not limited to, any time a joint, lid, cover, or door 
has a gap or crack, or is broken.
    (3) Except as provided in paragraph (i) of this section, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 15 calendar 
days after identification.
    (4) If the owner or operator elects to comply with this paragraph, 
the owner or operator shall comply with the requirements in paragraphs 
(e)(4) (i) through (iii) of this section:
    (i) Each drain shall be equipped with water seal controls or a 
tightly fitting cap or plug. The owner or operator shall comply with 
paragraphs (e)(4)(i)(A) and (B) of this section.
    (A) For each drain equipped with a water seal, the owner or operator 
shall ensure that the water seal is maintained. For example, a flow-
monitoring device indicating positive flow from a main to a branch water 
line supplying a trap or water being continuously dripped into the trap 
by a hose could be used to verify flow of water to the trap. Visual 
observation is also an acceptable alternative.
    (B) If a water seal is used on a drain receiving affected 
wastewater, the owner or operator shall either extend the pipe 
discharging the wastewater below the liquid surface in the water seal of 
the receiving drain, or install a flexible shield (or other enclosure 
which restricts wind motion across the open area between the pipe and 
the drain) that encloses the space between the pipe discharging the 
wastewater to the drain receiving the wastewater. (Water seals which are 
used on hubs receiving wastewater that is not subject to the provisions 
of this subpart for the purpose of eliminating cross ventilation to 
drains carrying affected wastewater are not required to have a flexible 
shield or extended subsurface discharging pipe.)
    (ii) Each junction box shall be equipped with a tightly fitting 
solid cover (i.e., no visible gaps, cracks, or holes) which shall be 
kept in place at all times except during inspection and maintenance. If 
the junction box is vented, the owner or operator shall comply with the 
requirements in paragraph (e)(4)(ii) (A) or (B) of this section.
    (A) The junction box shall be vented to a process or through a 
closed-vent system to a control device. The closed-

[[Page 115]]

vent system shall be inspected in accordance with the requirements of Sec. 
63.1258(h) and the control device shall be designed, operated, and 
inspected in accordance with the requirements of paragraph (h) of this 
section.
    (B) If the junction box is filled and emptied by gravity flow (i.e., 
there is no pump) or is operated with no more than slight fluctuations 
in the liquid level, the owner or operator may vent the junction box to 
the atmosphere provided that the junction box complies with the 
requirements in paragraphs (e)(4)(ii)(B) (1) and (2) of this section.
    (1) The vent pipe shall be at least 90 centimeters in length and no 
greater than 10.2 centimeters in nominal inside diameter.
    (2) Water seals shall be installed and maintained at the wastewater 
entrance(s) to or exit from the junction box restricting ventilation in 
the individual drain system and between components in the individual 
drain system. The owner or operator shall demonstrate (e.g., by visual 
inspection or smoke test) upon request by the Administrator that the 
junction box water seal is properly designed and restricts ventilation.
    (iii) The owner or operator shall operate and maintain sewer lines 
as specified in paragraphs (e)(4)(iii)(A) and (B) of this section.
    (A) Except as specified in paragraph (e)(4)(iii)(B) of this section, 
each sewer line shall not be open to the atmosphere and shall be covered 
or enclosed in a manner so as to have no visible gaps or cracks in 
joints, seals, or other emission interfaces.
    Note: This provision applies to sewers located inside and outside of 
buildings.
    (B) A sewer line connected to drains that are in compliance with 
paragraph (e)(4)(i) of this section may be vented to the atmosphere, 
provided that the sewer line entrance to the first downstream junction 
box is water sealed and the sewer line vent pipe is designed as 
specified in paragraph (e)(4)(ii)(B)(1) of this section.
    (5) Equipment used to comply with paragraphs (e)(4) (i), (ii), or 
(iii) of this section shall be inspected as follows:
    (i) Each drain using a tightly fitting cap or plug shall be visually 
inspected initially, and semiannually thereafter, to ensure caps or 
plugs are in place and that there are no gaps, cracks, or other holes in 
the cap or plug.
    (ii) Each junction box shall be visually inspected initially, and 
semiannually thereafter, to ensure that there are no gaps, cracks, or 
other holes in the cover.
    (iii) The unburied portion of each sewer line shall be visually 
inspected initially, and semiannually thereafter, for indication of 
cracks or gaps that could result in air emissions.
    (6) Except as provided in paragraph (i) of this section, when a gap, 
hole, or crack is identified in a joint or cover, first efforts at 
repair shall be made no later than 5 calendar days after identification, 
and repair shall be completed within 15 calendar days after 
identification.
    (f) Oil-water separators. For each oil-water separator that 
receives, manages, or treats affected wastewater or a residual removed 
from affected wastewater, the owner or operator shall comply with the 
requirements of paragraphs (f)(1) through (6) of this section.
    (1) The owner or operator shall maintain one of the following:
    (i) A fixed roof and a closed-vent system that routes the organic 
HAP vapors vented from the oil-water separator to a control device. The 
fixed roof, closed-vent system, and control device shall meet the 
requirements specified in paragraph (f)(2) of this section;
    (ii) A floating roof that meets the requirements in 40 CFR 60.693-
2(a)(1)(i), (a)(1)(ii), (a)(2), (a)(3), and (a)(4). For portions of the 
oil-water separator where it is infeasible to construct and operate a 
floating roof, such as over the weir mechanism, the owner or operator 
shall operate and maintain a fixed roof, closed-vent system, and control 
device that meet the requirements specified in paragraph (f)(2) of this 
section.
    (2) A fixed roof shall meet the requirements of paragraph (f)(2)(i) 
of this section, a control device shall meet the requirements of 
paragraph (f)(2)(ii) of this section, and a closed-vent system shall 
meet the requirements of (f)(2)(iii) of this section.

[[Page 116]]

    (i) The fixed roof shall meet the following requirements:
    (A) Except as provided in (f)(2)(iv) of this section, the fixed roof 
and all openings (e.g., access hatches, sampling ports, and gauge wells) 
shall be maintained in accordance with the requirements specified in Sec. 
63.1258(h).
    (B) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
the oil-water separator contains affected wastewater or a residual 
removed from affected wastewater except when it is necessary to use the 
opening for sampling or removal, or for equipment inspection, 
maintenance, or repair.
    (ii) The control device shall be designed, operated, and inspected 
in accordance with the requirements of paragraph (h) of this section.
    (iii) Except as provided in paragraph (f)(2)(iv) of this section, 
the closed-vent system shall be inspected in accordance with the 
requirements of Sec. 63.1258(h).
    (iv) For any fixed-roof and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements of Sec. 63.1258(h).
    (3) If the owner or operator elects to comply with the requirements 
of paragraph (f)(1)(ii) of this section, seal gaps shall be measured 
according to the procedures specified in 40 CFR part 60, subpart QQQ Sec. 
60.696(d)(1) and the schedule specified in paragraphs (f)(3)(i) and (ii) 
of this section.
    (i) Measurement of primary seal gaps shall be performed within 60 
calendar days after installation of the floating roof and introduction 
of affected wastewater or a residual removed from affected wastewater 
and once every 5 years thereafter.
    (ii) Measurement of secondary seal gaps shall be performed within 60 
calendar days after installation of the floating roof and introduction 
of affected wastewater or a residual removed from affected wastewater 
and once every year thereafter.
    (4) Each oil-water separator shall be inspected initially, and 
semiannually thereafter, for improper work practices in accordance with 
Sec. 63.1258(g). For oil-water separators, improper work practice includes, 
but is not limited to, leaving open or ungasketed any access door or 
other opening when such door or opening is not in use.
    (5) Each oil-water separator shall be inspected for control 
equipment failures as defined in paragraph (f)(5)(i) of this section 
according to the schedule specified in paragraphs (f)(5)(ii) and (iii) 
of this section.
    (i) For oil-water separators, control equipment failure includes, 
but is not limited to, the conditions specified in paragraphs 
(f)(5)(i)(A) through (G) of this section.
    (A) The floating roof is not resting on either the surface of the 
liquid or on the leg supports.
    (B) There is stored liquid on the floating roof.
    (C) A rim seal is detached from the floating roof.
    (D) There are holes, tears, or other open spaces in the rim seal or 
seal fabric of the floating roof.
    (E) There are gaps between the primary seal and the separator wall 
that exceed 67 square centimeters per meter of separator wall perimeter 
or the width of any portion of any gap between the primary seal and the 
separator wall exceeds 3.8 centimeters.
    (F) There are gaps between the secondary seal and the separator wall 
that exceed 6.7 square centimeters per meter of separator wall perimeter 
or the width of any portion of any gap between the secondary seal and 
the separator wall exceeds 1.3 centimeters.
    (G) A gasket, joint, lid, cover, or door has a gap or crack, or is 
broken.
    (ii) The owner or operator shall inspect for the control equipment 
failures in paragraphs (f)(5)(i)(A) through (F) according to the 
schedule specified in paragraph (f)(3) of this section.
    (iii) The owner or operator shall inspect for control equipment 
failures in paragraph (f)(5)(i)(G) of this section initially, and 
semiannually thereafter.
    (6) Except as provided in paragraph (i) of this section, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification.

[[Page 117]]

    (g) Performance standards for treatment processes managing 
wastewater and/or residuals removed from wastewater. This section 
specifies the performance standards for treating affected wastewater. 
The owner or operator shall comply with the requirements as specified in 
paragraphs (g)(1) through (6) of this section. Where multiple compliance 
options are provided, the options may be used in combination for 
different wastewater and/or for different compounds (e.g., soluble 
versus partially soluble compounds) in the same wastewater, except where 
otherwise provided in this section. Once affected wastewater or a 
residual removed from affected wastewater has been treated in accordance 
with this subpart, it is no longer subject to the requirements of this 
subpart.
    (1) Existing source. For a wastewater stream at an existing source 
that exceeds or is designated to exceed the concentration and load 
criteria in paragraph (a)(1)(i)(A) of this section, the owner or 
operator shall comply with a control option in paragraph (g)(8) of this 
section. For a wastewater stream at an existing source that exceeds the 
concentration and load criteria in either paragraph (a)(1)(i)(B) or (C) 
of this section, the owner or operator shall comply with a control 
option in paragraph (g)(8) of this section and a control option in 
paragraph (g)(9) of this section. As an alternative to the control 
options in paragraphs (g)(8) and (g)(9) of this section, the owner or 
operator may comply with a control option in either paragraph (g)(10), 
(11) or (13) of this section, as applicable.
    (2) New source. For a wastewater stream at a new source that exceeds 
or is designated to exceed the concentration and load criteria in 
paragraph (a)(1)(i)(A) of this section, the owner or operator shall 
comply with a control option in paragraph (g)(8) of this section. For 
wastewater at a new source that exceeds the concentration and load 
criteria in either paragraph (a)(1)(i)(B) or (C) of this section, but 
does not exceed the criteria in paragraph (a)(1)(i)(D) of this section, 
the owner or operator shall comply with a control option in paragraph 
(g)(8) of this section and a control option in paragraph (g)(9) of this 
section. As an alternative to the control options in paragraphs (g)(8) 
and/or (9) of this section, the owner or operator may comply with a 
control option in either paragraph (g)(10), (11), or (13) of this 
section, as applicable. For a wastewater stream at a new source that 
exceeds or is designated to exceed the concentration and load criteria 
in paragraph (a)(1)(i)(D) of this section, the owner or operator shall 
comply with a control option in paragraph (g)(12) or (13) of this 
section.
    (3) Biological treatment processes. Biological treatment processes 
in compliance with this section may be either open or closed biological 
treatment processes as defined in Sec. 63.1251. An open biological 
treatment process in compliance with this section need not be covered 
and vented to a control device. An open or a closed biological treatment 
process in compliance with this section and using Sec. 
63.1257(e)(2)(iii)(E) or (F) to demonstrate compliance is not subject to 
the requirements of paragraphs (b) and (c) of this section. A closed 
biological treatment process in compliance with this section and using Sec. 
63.1257(e)(2)(iii)(G) to demonstrate compliance shall comply with the 
requirements of paragraphs (b) and (c) of this section. Waste management 
units upstream of an open or closed biological treatment process shall 
meet the requirements of paragraphs (b) through (f) of this section, as 
applicable.
    (4) Performance tests and design evaluations. If the Resource 
Conservation and Recovery Act (RCRA) option [paragraph (g)(13) of this 
section] or the enhanced biological treatment process for soluble HAP 
compounds option [paragraph (g)(10) of this section] is selected to 
comply with this section, neither a design evaluation nor a performance 
test is required. For any other nonbiological treatment process, and for 
closed biological treatment processes as defined in Sec. 63.1251, the owner 
or operator shall conduct either a design evaluation as specified in Sec. 
63.1257(e)(2)(ii) or performance test as specified in Sec. 
63.1257(e)(2)(iii). For each open biological treatment process as 
defined in Sec. 63.1251, the owner or operator shall conduct a performance 
test

[[Page 118]]

as specified in Sec. 63.1257(e)(2)(iii)(E) or (F).
    (5) Control device requirements. When gases are vented from the 
treatment process, the owner or operator shall comply with the 
applicable control device requirements specified in paragraph (h) of 
this section and Sec. 63.1257(e)(3), and the applicable leak inspection 
provisions specified in Sec. 63.1258(h). This requirement is in addition to 
the requirements for treatment systems specified in paragraphs (g)(8) 
through (14) of this section. This requirement does not apply to any 
open biological treatment process that meets the mass removal 
requirements.
    (6) Residuals: general. When residuals result from treating affected 
wastewater, the owner or operator shall comply with the requirements for 
residuals specified in paragraph (g)(14) of this section.
    (7) Treatment using a series of treatment processes. In all cases 
where the wastewater provisions in this subpart allow or require the use 
of a treatment process or control device to comply with emissions 
limitations, the owner or operator may use multiple treatment processes 
or control devices, respectively. For combinations of treatment 
processes where the wastewater stream is conveyed by hard-piping, the 
owner or operator shall comply with either the requirements of paragraph 
(g)(7)(i) or (ii) of this section. For combinations of treatment 
processes where the wastewater stream is not conveyed by hard-piping, 
the owner or operator shall comply with the requirements of paragraph 
(g)(7)(ii) of this section. For combinations of control devices, the 
owner or operator shall comply with the requirements of paragraph 
(g)(7)(i) of this section.
    (i) Compliance across the combination of all treatment units or 
control devices in series. (A) For combinations of treatment processes, 
the wastewater stream shall be conveyed by hard-piping between the 
treatment processes. For combinations of control devices, the vented gas 
stream shall be conveyed by hard-piping between the control devices.
    (B) For combinations of treatment processes, each treatment process 
shall meet the applicable requirements of paragraphs (b) through (f) of 
this section, except as provided in paragraph (g)(3) of this section.
    (C) The owner or operator shall identify, and keep a record of, the 
combination of treatment processes or of control devices, including 
identification of the first and last treatment process or control 
device. The owner or operator shall include this information as part of 
the treatment process description reported in the Notification of 
Compliance Status.
    (D) The performance test or design evaluation shall determine 
compliance across the combination of treatment processes or control 
devices. If a performance test is conducted, the ``inlet'' shall be the 
point at which the wastewater stream or residual enters the first 
treatment process, or the vented gas stream enters the first control 
device. The ``outlet'' shall be the point at which the treated 
wastewater stream exits the last treatment process, or the vented gas 
stream exits the last control device.
    (ii) Compliance across individual units. (A) For combinations of 
treatment processes, each treatment process shall meet the applicable 
requirements of paragraphs (b) through (f) of this section except as 
provided in paragraph (g)(3) of this section.
    (B) The owner or operator shall identify, and keep a record of, the 
combination of treatment processes, including identification of the 
first and last treatment process. The owner or operator shall include 
this information as part of the treatment process description reported 
in the Notification of Compliance Status report.
    (C) The owner or operator shall determine the mass removed or 
destroyed by each treatment process. The performance test or design 
evaluation shall determine compliance for the combination of treatment 
processes by adding together the mass removed or destroyed by each 
treatment process and determine the overall control efficiency of the 
treatment system.
    (8) Control options: Wastewater containing partially soluble HAP 
compounds. The owner or operator shall comply with either paragraph 
(g)(8)(i) or (ii) of this section for the control of partially

[[Page 119]]

soluble HAP compounds at new or existing sources.
    (i) 50 ppmw concentration option. The owner or operator shall comply 
with paragraphs (g)(8)(i)(A) and (B) of this section.
    (A) Reduce, by removal or destruction, the concentration of total 
partially soluble HAP compounds to a level less than 50 ppmw as 
determined by the procedures specified in Sec. 63.1257(e)(2)(iii)(B).
    (B) This option shall not be used when the treatment process is a 
biological treatment process. This option shall not be used when the 
wastewater is designated as an affected wastewater as specified in 
paragraph (a)(1)(ii) of this section. Dilution shall not be used to 
achieve compliance with this option.
    (ii) Percent mass removal/destruction option. The owner or operator 
shall reduce, by removal or destruction, the mass of total partially 
soluble HAP compounds by 99 percent or more. The removal destruction 
efficiency shall be determined by the procedures specified in Sec. 
63.1257(e)(2)(ii) or (iii)(C) for noncombustion, nonbiological treatment 
processes; Sec. 63.1257(e)(2)(ii) or (iii)(D) for combustion processes; Sec. 
63.1257(e)(2)(iii)(F) for open biological treatment processes; and Sec. 
63.1257(e)(2)(ii) or (iii)(G) for closed biological treatment processes.
    (9) Control options: Wastewater containing soluble HAP compounds. 
The owner or operator shall comply with either paragraph (g)(9)(i) or 
(ii) of this section for the control of soluble HAP compounds at new or 
existing sources.
    (i) 520 ppmw concentration option. The owner or operator shall 
comply with paragraphs (g)(9)(i)(A) and (B) of this section.
    (A) Reduce, by removal or destruction, the concentration of total 
soluble HAP compounds to a level less than 520 ppmw as determined in the 
procedures specified in Sec. 63.1257(e)(2)(iii)(B).
    (B) This option shall not be used when the treatment process is a 
biological treatment process. This option shall not be used when the 
wastewater is designated as an affected wastewater as specified in 
paragraph (a)(1)(ii) of this section. Dilution shall not be used to 
achieve compliance with this option.
    (ii) Percent mass removal/destruction option. The owner or operator 
shall reduce the mass of total soluble HAP by 90 percent or more, either 
by removal or destruction. The removal/destruction efficiency shall be 
determined by the procedures in Sec. 63.1257(e)(2)(ii) or (e)(2)(iii)(C) 
for noncombustion, nonbiological treatment processes; Sec. 
63.1257(e)(2)(ii) or (e)(2)(iii)(D) for combustion processes; Sec. 
63.1257(e)(2)(iii)(F) for open biological treatment processes; and Sec. 
63.1257(e)(2)(ii) or (e)(2)(iii)(G) for closed, biological treatment 
processes.
    (10) Control option: Enhanced biotreatment for wastewater containing 
soluble HAP. The owner or operator may elect to treat affected 
wastewater streams containing soluble HAP in an enhanced biological 
treatment system, as defined in Sec. 63.1251, provided the wastewater 
stream contains less than 50 ppmw partially soluble HAP, or the owner or 
operator complies with the requirements of paragraph (g)(8) of this 
section before treating the affected wastewater stream in the enhanced 
biological treatment system.This option shall not be used when the 
wastewater is designated as an affected wastewater as specified in 
paragraph (a)(1)(ii) of this section. These treatment processes are 
exempt from the design evaluation or performance tests requirements 
specified in paragraph (g)(4) of this section.
    (11) 95-percent mass reduction option, for biological treatment 
processes. The owner or operator of a new or existing source using 
biological treatment for any affected wastewater shall reduce the mass 
of total soluble and partially soluble HAP sent to that biological 
treatment unit by at least 95 percent. All wastewater as defined in Sec. 
63.1251 entering such a biological treatment unit from PMPU's subject to 
this subpart shall be included in the demonstration of the 95-percent 
mass removal. The owner or operator shall comply with paragraphs 
(g)(11)(i) through (iv) of this section.
    (i) Except as provided in paragraph (g)(11)(iv) of this section, the 
owner or operator shall ensure that all wastewater from PMPU's subject 
to this subpart entering a biological treatment unit are treated to 
destroy at least 95-

[[Page 120]]

percent total mass of all soluble and partially soluble HAP compounds.
    (ii) For open biological treatment processes, compliance shall be 
determined using the procedures specified in Sec. 63.1257(e)(2)(iii)(E). 
For closed aerobic biological treatment processes, compliance shall be 
determined using the procedures specified in Sec. 63.1257(e)(2)(ii), 
(iii)(E), or (iii)(G). For closed anaerobic biological treatment 
processes, compliance shall be determined using the procedures specified 
in Sec. 63.1257(e)(2)(ii) or (iii)(G).
    (iii) For each treatment process or waste management unit that 
receives, manages, or treats wastewater subject to this paragraph, from 
the POD to the biological treatment unit, the owner or operator shall 
comply with paragraphs (b) through (f) of this section for control of 
air emissions. When complying with this paragraph, the term affected 
wastewater in paragraphs (b) through (f) of this section shall mean all 
wastewater from PMPU's, not just affected wastewater.
    (iv) If wastewater is in compliance with the requirements in 
paragraph (g)(8), (9), or (12) of this section before entering the 
biological treatment unit, the hazardous air pollutants mass of that 
wastewater is not required to be included in the total mass flow rate 
entering the biological treatment unit for the purpose of demonstrating 
compliance.
    (12) Percent mass removal/destruction option for soluble HAP 
compounds at new sources. The owner or operator of a new source shall 
reduce, by removal or destruction, the mass flow rate of total soluble 
HAP from affected wastewater by 99 percent or more. The removal/
destruction efficiency shall be determined by the procedures in Sec. 
63.1257(e)(2)(ii) or (iii)(C) for noncombustion, nonbiological treatment 
processes; Sec. 63.1257(e)(2)(ii) and (iii)(D) for combustion processes; Sec. 
63.1257(e)(2)(iii)(F) for open biological treatment processes; and Sec. 
63.1257(e)(2)(ii) or (iii)(G) for closed biological treatment processes.
    (13) Treatment in a RCRA unit option. The owner or operator shall 
treat the affected wastewater or residual in a unit identified in, and 
complying with, paragraph (g)(13)(i), (ii), or (iii) of this section. 
These units are exempt from the design evaluation or performance tests 
requirements specified in paragraph (g)(4) of this section and Sec. 
63.1257(e)(2), and from the monitoring requirements specified in 
paragraph (a)(2)(iii) of this section, as well as recordkeeping and 
reporting requirements associated with monitoring and performance tests.
    (i) The wastewater or residual is discharged to a hazardous waste 
incinerator for which the owner or operator has been issued a final 
permit under 40 CFR part 270 and complies with the requirements of 40 
CFR part 264, subpart O, or has certified compliance with the interim 
status requirements of 40 CFR part 265, subpart O;
    (ii) The wastewater or residual is discharged to a process heater or 
boiler burning hazardous waste for which the owner or operator:
    (A) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H; or
    (B) Has certified compliance with the interim status requirements of 
40 CFR part 266, subpart H.
    (iii) The wastewater or residual is discharged to an underground 
injection well for which the owner or operator has been issued a final 
permit under 40 CFR part 270 or 40 CFR part 144 and complies with the 
requirements of 40 CFR part 122. The owner or operator shall comply with 
all applicable requirements of this subpart prior to the point where the 
wastewater enters the underground portion of the injection well.
    (14) Residuals. For each residual removed from affected wastewater, 
the owner or operator shall control for air emissions by complying with 
paragraphs (b) through (f) of this section and by complying with one of 
the provisions in paragraphs (g)(14)(i) through (iv) of this section.
    (i) Recycle the residual to a production process or sell the 
residual for the purpose of recycling. Once a residual is returned to a 
production process, the residual is no longer subject to this section.
    (ii) Return the residual to the treatment process.

[[Page 121]]

    (iii) Treat the residual to destroy the total combined mass flow 
rate of soluble and/or partially soluble HAP compounds by 99 percent or 
more, as determined by the procedures specified in Sec. 
63.1257(e)(2)(iii)(C) or (D).
    (iv) Comply with the requirements for RCRA treatment options 
specified in paragraph (g)(13) of this section.
    (h) Control devices. For each control device or combination of 
control devices used to comply with the provisions in paragraphs (b) 
through (f) and (g)(5) of this section, the owner or operator shall 
operate and maintain the control device or combination of control 
devices in accordance with the requirements of paragraphs (h)(1) through 
(5) of this section.
    (1) Whenever organic HAP emissions are vented to a control device 
which is used to comply with the provisions of this subpart, such 
control device shall be operating.
    (2) The control device shall be designed and operated in accordance 
with paragraph (h)(2) (i), (ii), (iii), (iv), or (v) of this section, as 
demonstrated by the provisions in Sec. 63.1257(e)(3).
    (i) An enclosed combustion device (including but not limited to a 
vapor incinerator, boiler, or process heater) shall meet the conditions 
in paragraph (h)(2)(i) (A), (B), or (C) of this section, alone or in 
combination with other control devices. 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.
    (A) Reduce the organic HAP emissions vented to the control device by 
95 percent by weight or greater;
    (B) Achieve an outlet TOC concentration of 20 ppmv on a dry basis 
corrected to 3 percent oxygen. The owner or operator shall use either 
Method 18 of 40 CFR part 60, appendix A, or any other method or data 
that has been validated according to the applicable procedures in Method 
301 of appendix A of this part; or
    (C) Provide a minimum residence time of 0.5 seconds at a minimum 
temperature of 760 C.
    (ii) A vapor recovery system (including but not limited to a carbon 
adsorption system or condenser), alone or in combination with other 
control devices, shall reduce the organic HAP emissions vented to the 
control device by 95 percent by weight or greater or achieve an outlet 
TOC concentration of 20 ppmv. The 20 ppmv performance standard is not 
applicable to compliance with the provisions of paragraphs (c) or (d) of 
this section.
    (iii) A flare shall comply with the requirements of Sec. 63.11(b).
    (iv) A scrubber, alone or in combination with other control devices, 
shall reduce the organic HAP emissions in such a manner that 95 weight-
percent is either removed, or destroyed by chemical reaction with the 
scrubbing liquid, or achieve an outlet TOC concentration of 20 ppmv. The 
20 ppmv performance standard is not applicable to compliance with the 
provisions of paragraphs (c) or (d) of this section.
    (v) Any other control device used shall, alone or in combination 
with other control devices, reduce the organic HAP emissions vented to 
the control device by 95 percent by weight or greater or achieve an 
outlet TOC concentration of 20 ppmv. The 20 ppmv performance standard is 
not applicable to compliance with the provisions of paragraphs (c) or 
(d) of this section.
    (3) If the control device is a combustion device, the owner or 
operator shall comply with the requirements in Sec. 63.1252(g) to control 
halogenated vent streams.
    (4) Except as provided in paragraph (i) of this section, if gaps, 
cracks, tears, or holes are observed in ductwork, piping, or connections 
to covers and control devices during an inspection, a first effort to 
repair shall be made as soon as practical but no later than 5 calendar 
days after identification. Repair shall be completed no later than 15 
calendar days after identification or discovery of the defect.
    (5) The provisions in paragraphs (h)(1) through (4) of this section 
apply at all times, except as specified in Sec. 63.1250(g). The owner or 
operator may not comply with the planned routine maintenance provisions 
in Sec. 63.1252(h) for vent streams from waste management units.
    (i) Delay of repair. Delay of repair of equipment for which a 
control equipment failure or a gap, crack, tear, or hole has been 
identified, is allowed if

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the repair is technically infeasible without a shutdown, as defined in Sec. 
63.1251, or if the owner or operator determines that emissions of purged 
material from immediate repair would be greater than the emissions 
likely to result from delay of repair. Repair of this equipment shall 
occur by the end of the next shutdown.
    (1) Delay of repair of equipment for which a control equipment 
failure or a gap, crack, tear, or hole has been identified, is allowed 
if the equipment is emptied or is no longer used to treat or manage 
affected wastewater or residuals removed from affected wastewater.
    (2) Delay of repair of equipment for which a control equipment 
failure or a gap, crack, tear, or hole has been identified is also 
allowed if additional time is necessary due to the unavailability of 
parts beyond the control of the owner or operator. Repair shall be 
completed as soon as practical. The owner or operator who uses this 
provision shall comply with the requirements of Sec. 63.1259(h) to document 
the reasons that the delay of repair was necessary.

[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52607, Aug. 29, 2000; 
66 FR 40133, Aug. 2, 2001]