§ 66264.1030. Applicability.

(a) The regulations in this article apply to owners and operators of facilities that treat, store, or dispose of RCRA hazardous wastes (except as provided in Section 66264.1).

(b) Except for section 66264.1034, subsections (d) and (e), this article applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage RCRA hazardous wastes with organic concentrations of at least 10 ppmw, if these operations are conducted in one of the following:

(1) a unit that is subject to the permitting requirements of chapter 20, or

(2) a unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of section 66262.34(a) (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of chapter 20, or

(3) A unit that is exempt from permitting under the provisions of section 66262.34(a) (i.e., a “90-day” tank or container) and is not a recycling unit under the provisions of section 66261.6.

(c) If the owner and operator of a facility subject to this article received a final permit under RCRA section 3005 prior to December 6, 1996, the requirements of this article shall be incorporated into the permit when the permit is reissued in accordance with the requirements of 40 CFR 124.15 or reviewed in accordance with the requirements of section 66270.50(d). Until such date when the owner and operator receives a final permit incorporating the requirements of this article, the owner and operator is subject to the requirements of article 27.

(d) The requirements of this article do not apply to the process vents at a facility where the facility owner or operator certifies that all of the process vents that would otherwise be subject to this article are equipped with and operating air emission controls in accordance with the process vent requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63. The documentation of compliance under regulations at 40 CFR part 60, part 61, or part 63 shall be kept with, or made readily available with, the facility operating record.

HISTORY

1. New article 27 (sections 66264.1030-66264.1036) filed 12-23-92; operative 1-22-93 (Register 93, No. 2).

2. Change without regulatory effect repealing former subsections (b)-(c) and adding new subsections (b)-(d) and amending Note filed 6-11-99 pursuant to Health and Safety Code section 25159.1 (Register 99, No. 24).

3. Change without regulatory effect repealing first subsections (b)-(b)(2) filed 7-1-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 27).

Note

Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 264.1030.