7 Del. Admin. Code § 1302-264-BB-264.1050
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1302-264-BB-264.1050 - Applicability(a) The regulations in this subpart apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes (except as provided in § 264.1).(b) Except as provided in § 264.1064(k), this subpart applies to equipment that contains or contacts hazardous wastes with organic concentrations of at least 10 percent by weight that are managed in one of the following:(1) A unit that is subject to the permitting requirements of Part 122, or(2) A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of § 262.34(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 Part 122, or(3) A unit that is exempt from permitting under the provisions of § 262.17 (i.e., a "90-day" tank or container) and is not a recycling unit under the provisions of § 261.6.(c) For the owner or operator of a facility subject to this subpart and who received a final hazardous waste permit prior to December 6, 1996, the requirements of this subpart shall be incorporated into the permit when the permit is reissued in accordance with the requirements of § 124.15 or reviewed in accordance with the requirements of § 122.50(d). Until such date when the owner or operator receives a final permit incorporating the requirements of this subpart, the owner or operator is subject to the requirements of Part 265, Subpart BB.(d) Each piece of equipment to which this subpart applies shall be marked in such a manner that it can be distinguished readily from other pieces of equipment.(e) Equipment that is in vacuum service is excluded from the requirements of § 264.1052 to § 264.1060 if it is identified as required in § 264.1064(g)(5).(f) Equipment that contains or contacts hazardous waste with an organic concentration of at least 10 percent by weight for less than 300 hours per calendar year is excluded from the requirements of §§ 264.1052 through 264.1060 of this subpart if it is identified, as required in § 264.1064(g)(6) of this subpart.(h) Purged coatings and solvents from surface coating operations subject to the national emission standards for hazardous air pollutants (NESHAP) for the surface coating of automobiles and light-duty trucks at 40 CFR part 63, subpart IIII, are not subject to the requirements of this subpart. Note: The requirements of §§ 264.1052 through 264.1065 apply to equipment associated with hazardous waste recycling units previously exempt under § 261.6(c)(1). Other exemptions under §§ 261.4, 262.34, and 264.1(g) are not affected by these requirements.
(Amended August 1, 1995, August 21, 1997, January 1, 1999, August 23, 1999)
7 Del. Admin. Code § 1302-264-BB-264.1050
24 DE Reg. 711 (1/1/2021) (final)