Subpart X Requirements
Requirements Under 40 CFR Part 264
Other Requirements Appropriate to Subpart X Units
RCRA Organic Air Emission Standards
Subpart EEE - NESHAPS
Endangered Species Act
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Subpart X Requirements
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This section discusses the general requirements for
Subpart X units under 40 CFR Part 264. In addition,
a discussion regarding other requirements
which may be applicable to Subpart X units is
provided. |
Requirements Under 40 CFR Part 264
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Requirements Under 40 CFR Part 264 |
Description: Subpart X does not specify minimum technology
requirements or monitoring requirements for miscellaneous
units. Subpart X specifies an environmental
performance standard that must be met through
conformance with appropriate design, operating,
and monitoring requirements. |
Other Requirements Appropriate to Subpart X Units
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Subpart I - Containers |
Description: Subpart I addresses the use and management of
containers and portable devices in which material is
stored, transported, treated, disposed of, or otherwise
handled. Portable, fabricated devices used for
OB operations or operations at shredders or
crushers may be similar to containers. |
Subpart J - Tanks |
Description: Subpart J establishes requirements for tank systems.
Certain types of miscellaneous units may resemble
tanks, such as certain OB units or units performing
physical handling operations such as drum shredders
or crushers. |
Subpart K - Surface Impoundments |
Description: Subpart K establishes requirements for surface
impoundments. Ponds used for underwater detonation
may resemble surface impoundments. However,
such ponds would not be designed in precisely
the same manner as surface impoundments because
they will be subject to extreme stresses resulting
from repeated detonation of explosives. |
Subpart L - Waste Piles |
Description: Subpart L establishes requirements for waste piles.
OB/OD units may resemble waste piles, especially if
residual waste is left to accumulate on the ground
surface or during temporary storage of the waste
before it is treated by OB/OD. |
Subpart N - Landfills |
Description: Subpart N establishes requirements for landfills. In
some cases, miscellaneous units may be closed as
landfills if clean closure is not feasible. This is often
the case for historical OB/OD units. |
Subpart O - Incinerators |
Description: Subpart O establishes requirements for incinerators.
Use of the Subpart O requirements may be appropriate
for some thermal treatment units including
carbon regeneration units and thermal desorbers. |
RCRA Organic Air Emission Standards
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Subpart AA - Process Vents |
Description: Subpart AA applies to process vents that may be
associated with units that manage hazardous waste
having concentrations of organic constituents of at
least 10 parts per million by weight (ppmw). |
Subpart BB - Equipment |
Description: Subpart BB applies to equipment, such as pumps,
valves, compressors, pressure relief devices, sampling
connection systems, open-ended lines and
valves, closed-vent systems, control devices, flanges
and other connectors that contain or come into
contact with hazardous wastes with concentrations
of organics of at least 10 percent by weight that are
managed in (1) units subject to the permitting
requirements of Part 270 or (2) hazardous waste
recycling units that are located at hazardous waste
management facilities subject to permitting requirements
under Part 270. |
Subpart CC - Containers, Tanks and Surface Impoundments |
Description: Subpart CC applies to interim status and permitted
TSD facilities that manage hazardous waste in
containers, tank systems, surface impoundments or
miscellaneous units and large quantity generators
(LGQs) that accumulate hazardous waste in tanks
and containers. |
Subpart EE - Military Munitions Rule |
Description: Section 107 of the Federal Facility Compliance Act
of 1992; added a new subsection 3004(y) to RCRA,
requiring EPA to issue regulations that identify when
conventional and chemical military munitions become
hazardous wastes subject to RCRA Subtitle C, and
that provide for the safe storage and transportation
of such waste. |
Training in Use of a Product |
Description: The final Military Munitions Rule, codified in 40 CFR
§266.202 (a)(1)(i), states that a military munition is
not a solid waste when it is used for its intended
purpose, including use in training military personnel
in the proper and safe OB/OD destruction of unused
propellant or other military munitions as may be
required on the battlefield, and the training of military
explosives and munitions emergency response
specialists (i.e., explosive ordnance disposal (EOD)
or technical escort unit (TEU) personnel) in the
proper and safe OB/OD destruction of munitions
and explosives. |
Range Clearance |
Description: The final Military Munitions Rule, codified in 40 CFR
§266.202 (a)(1)(iii), states that the recovery,
collection, and on-range destruction of unexploded
ordnance and munitions fragments during range
clearance activities at active or inactive ranges is
included within the use of a product for its intended
purpose and therefore is not a solid waste. |
Emergency Responses |
Description: The final Military Munitions Rule, codified in 40
CFR §§262.10(i), 264.1(g)(8), 265.1(c)(11), and
270.1(c)(3), states that immediate responses to
actual or potential threats involving explosives and
munitions are exempt from RCRA generator and
permitting requirements. |
Other Changes Impacting OB/OD Units |
Description: 40 CFR §266.203(a)(1) provides a conditional
exemption from the RCRA manifest requirements
for the transportation of conventional munitions from
one military installation to an OB/OD facility at
another military installation, but not to a commercial
OB/OD facility. |
Endangered Species Act
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Endangered Species Act |
Description: The Federal Endangered Species Act and similar
State legislation require the determination that no
threatened or endangered species will be affected
adversely by proposed activities. The permit
applicant must certify, either through a biological
assessment or through a literature review, that no
such species are present in the area of the unit. If
such species are present, a plan must be developed
to minimize any effects on those organisms. |
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