The Respondent is a large quantity generator (LQG) of hazardous waste and therefore subject to 40 C.F.R. § 262.34(a)(1)(i) and (ii), which require the facility to comply with the air emissions monitoring requirements under Subparts BB and CC in Part 265 of 40 CFR. The failure of the Respondent to comply with Subparts BB and/or CC in Part 265, as alleged in this Complaint, made the facility subject to the hazardous waste permitting requirements under Part 264. This Complaint cites the following violations under Subparts BB and CC of 40 CFR Part 264: (1)The facility failed to list in its operating record all equipment (valves, pumps) which are subject to 40 CFR Part 264 - Subpart BB pursuant to 40 C.F.R. § 264.1064(b)(1);(2) The facility failed to perform emissions monitoring pursuant to 40 CFR Part 264- Subpart BB on regulated equipment in contact with volatile organic hazardous waste(40 C.F.R. § 264.1052(a)(1) (pumps), 40 C.F.R. § 264.1057(a) (valves)); and (3)The facility failed to determine the maximum organic vapor pressure for hazardous waste managed in its hazardous waste tank using Tank Level 1 controls C.F.R. § 264.1084(c)(1).
Pursuant to this Order, the Respondent will pay a monetary penalty and will comply with all applicable requirements under the hazardous waste air emission requirements at 40 CFR Parts 264/265, Subparts BB and CC.