June 11, 2018

EPA Issues Compliance Advisory on Noncompliance with Subparts AA/BB/CC Air Emission Regs

Of eight EPA national enforcement initiatives for fiscal years 2017–2019, three address the risk of pollutants that could be released into the air. One specifically deals with air emissions under RCRA. The regulations that are associated with this initiative are Parts 264/265, Subparts AA, BB, and CC. Broadly, Subparts AA, BB, and CC set organic air emission standards for process vents, ancillary equipment, and tanks/containers/surface impoundments, respectively, that are in hazardous waste service. If you are a treatment, storage, or disposal (TSD) facility, large quantity generator (LQG), or permitted hazardous waste recycler, you may have some responsibilities under these subparts.

EPA has been conducting compliance evaluation inspections to support this air emissions initiative. To help detect the presence of organic emissions, and ensure regulatory compliance, an inspector may use equipment such as photo ionization detectors, flame ionization detectors, and forward-looking infrared cameras. Using such equipment allows an inspector to quickly detect leaks from pipes, gaskets, holes, hatches, tanks, or welding seams. Common compliance concerns that EPA has identified include:

Failure to identify all units or equipment regulated by Subparts AA/BB/CC;
Failure to maintain required records;
Not properly monitoring for leaks;
Leaking pipes and gaskets, holes in tanks, and impermissible venting of large tanks;
Not properly directing and overseeing a contractor who may be implementing a facility’s leak detection and repair program; and
Poor equipment maintenance or running equipment to failure, which results in noncompliant organic air emissions.

To obtain additional information, have a look at the complete compliance advisory.

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Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.