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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

 

Subpart X Requirements
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
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
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
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.
Subpart EEE - NESHAPS
Subpart EEE - NESHAPS: Final Standards for Hazardous Waste Air Pollutants for Hazardous Waste Combustors
Description: Section 264.601 was recently modified (refer to 64 FR 52993, September 30, 1999) to include a reference to the new 40 CFR Part 63, Subpart EEE, standards (NESHAPS: Final Standards for Hazardous Waste Air Pollutants for Hazardous Waste Combustors; Final Rule (HWC MACT Rule)).
Endangered Species Act
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.