Statutes, codes, and regulations
Delaware Administrative Code
Title 7 - Natural Resources and Environmental ControlDivision of Waste and Hazardous SubstancesSolid and Hazardous Waste Management SectionRegulations Governing Hazardous WastePart 265 - Interim Status Standards for Owners and Operators of HazardousWaste Treatment, Storage, and Disposal Facilities
Subpart CC - Air Emission Standards for Tanks, Surface Impoundments, and Containers
Section 1302-265-CC-265.1080 - Applicability

7 Del. Admin. Code § 1302-265-CC-265.1080

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Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1302-265-CC-265.1080 - Applicability
(a) The requirements of this subpart apply to owners and operators of all facilities that treat, store, or dispose of hazardous waste in tanks, surface impoundments, or containers subject to either subpart I, J, or K of this part except as § 265.1 and paragraph (b) of this section provide otherwise.
(b) The requirements of this subpart do not apply to the following waste management units at the facility:
(1) A waste management unit that holds hazardous waste placed in the unit before December 6, 1996, and in which no hazardous waste is added to the unit on or after December 6, 1996.
(2) A container that has a design capacity less than or equal to 0.1 m3.
(3) A tank in which an owner or operator has stopped adding hazardous waste and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
(4) A surface impoundment in which an owner or operator has stopped adding hazardous waste (except to implement an approved closure plan) and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
(5) A waste management unit that is used solely for on-site treatment or storage of hazardous waste that is placed in the unit as the result of implementing remedial activities required under the corrective action authorities of RCRA sections 3004(u), 3004(v) or 3008(h); CERCLA authorities; or similar Federal or State authorities.
(6) A waste management unit that is used solely for the management of radioactive mixed waste in accordance with all applicable regulations under the authority of the Atomic Energy Act and the Nuclear Waste Policy Act.
(7) A hazardous waste management unit that the owner or operator certifies is equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR Part 60, Part 61, or Part 63. For the purpose of complying with this paragraph, a tank for which the air emission control includes an enclosure, as opposed to a cover, must be in compliance with the enclosure and control device requirements of § 265.1085 (i), except as provided in § 265.1083 (c)(5).
(8) A tank that has a process vent as defined in § 264.1031.
(c) For the owner and operator of a facility subject to this subpart who has received a final hazardous waste permit prior to December 6, 1996, the following requirements apply:
(1) The requirements of Part 264, Subpart CC 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).
(2) Until the date when the permit is reissued in accordance with the requirements of § 124.15 or reviewed in accordance with the requirements of § 122.50 (d), the owner and operator is subject to the requirements of this subpart.

(Amended August 23, 1999)

7 Del. Admin. Code § 1302-265-CC-265.1080