§ 66265.1030. Applicability.

(a) The requirements of this article apply to owners and operators of facilities that treat, store, or dispose of RCRA hazardous wastes (except as provided in Section 66265.1).

(b) Except for Section 66265.1034(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:

(1) units that are subject to the permitting requirements of chapter 20; or

(2) hazardous waste recycling units that are located on hazardous waste management facilities otherwise subject to the federal RCRA TSDF permitting requirements of chapter 20; or

(3) a unit that is exempt from permitting under the provisions of 66262.34(a) (i.e., a “90-day” tank or container) and is not a recycling unit under the requirements of 66261.6. [NOTE: The requirements of sections 66265.1032 through 66265.1036 apply to process vents on hazardous waste recycling units previously exempt under section 66261.6(c)(1). Other exemptions under sections 66261.4 and 66265.1(c) are not affected by these requirements.]

(c) 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 regulations at 40 CFR parts 60, 61, or 63 shall be kept with, or made readily available with, the facility operating record.

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 265.1030.

HISTORY

1. New article 27 (sections 66265.1030-66265.1035) filed 12-23-92; operative 1-22-93 (Register 93, No. 2).

2. Change without regulatory effect amending subsection (b)(2) and adding subsections (b)(3) and (c) and amending NOTE filed 6-11-99 pursuant to Health and Safety Code section 25159.1 (Register 99, No. 24).