[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Rules and Regulations]
[Pages 50426-50430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24268]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 264 and 265
[IL-64-2-5807; FRL-5306-9]
Hazardous Waste Treatment, Storage, and Disposal Facilities and
Hazardous Waste Generators; Organic Air Emission Standards for Tanks,
Surface Impoundments, and Containers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; stay.
-----------------------------------------------------------------------
SUMMARY: The EPA is issuing a stay subject to conditions for air
standards applicable to hazardous waste treatment, storage, and
disposal facilities (TSDF). This stay is applicable to tanks and
containers used for the management of certain hazardous wastes
generated by organic peroxide manufacturing processes. Certain organic
peroxide manufacturing wastes are inherently unstable and can not
safely be confined in closed units or systems. Therefore, the EPA is
staying the applicability of the subpart CC technical requirements for
units managing these specific organic peroxide compounds.
EFFECTIVE DATE: December 6, 1995.
ADDRESSES: Docket. Docket entries cited in this notice may be found in
RCRA docket number F-94-CE2A-FFFFF. Other RCRA docket numbers that
pertain to the final rule are F-91-CESP-FFFFF, F-92-CESA-FFFFF, and F-
94-CESF-FFFFF. The docket is available for inspection at the EPA RCRA
Docket Office (5305), Room 2616, U.S. Environmental Protection Agency,
401 M Street, S.W., Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT: For further information about this
stay contact the RCRA Hotline at (703) 412-9877 or toll-free at 1-800-
424-9346.
SUPPLEMENTARY INFORMATION:
I. Background
On December 6, 1994, the EPA published in the Federal Register (59
FR 62896) under authority of the Resource Conservation and Recovery Act
(RCRA), as amended, standards requiring the use of air emission
controls on certain tanks, surface impoundments, and containers at
hazardous waste treatment, storage, and disposal facilities (TSDF).
These standards are codified in 40 CFR parts 264 and 265 under subpart
CC (referred to as the ``subpart CC standards'').
A major manufacturer of organic peroxide products has expressed its
concern to the EPA regarding the availability of air emission controls
which could safely be used on tanks and containers that manage certain
types of organic peroxides. Certain organic peroxides are temperature
sensitive compounds that are subject to spontaneous, rapid
decomposition under certain conditions. The company maintains that use
of the air emission controls required under the subpart CC standards on
certain tanks and containers at their organic peroxides manufacturing
facilities would have the potential to significantly increase the risk
of explosion and fire. An inherent risk is created because these units
manage a variety of organic peroxide wastes, including intermittent
batches or streams containing organic peroxides that potentially
undergo spontaneous, rapid thermal decomposition and hydrolysis at or
below ambient temperatures.
A variety of organic peroxide products are manufactured in the
United States for use by the plastics and allied industries. Typically,
these organic peroxide compounds serve as initiators (catalysts) and
resin hardeners in the manufacture of widely used polymer plastics
(e.g., polystyrene, polyvinyl chloride, polyethylene, acrylic resins).
At some organic peroxide manufacturing facilities, the production
processes may generate hazardous wastes containing organic peroxides
that are placed in waste management units subject to the subpart CC
standards.
The manufacture, transport, and use of organic peroxide products
may require implementing special safety precautions to avoid the
spontaneous, rapid decomposition of certain organic peroxides. The rate
at which these organic peroxides decompose is a function of
temperature. Individual organic peroxide compounds and mixtures of
these compounds have different sensitivities to temperature. Some
organic peroxide compounds are relatively stable (i.e., do not
decompose) at ambient temperatures (e.g., 30 deg.C). In general, it is
not necessary to handle these types of organic peroxides any
differently than other organic compounds during normal process
operations. Other organic peroxide compounds can undergo spontaneous,
rapid thermal decomposition and hydrolysis at temperatures at, or
below, ambient temperatures. Once initiated, the self-accelerating
thermal decomposition and hydrolysis reactions very rapidly generate
large quantities of gaseous organic compounds and oxygen. Confinement
of this gaseous mixture in an enclosed vessel (such as a covered tank
or ventilation ducts) creates conditions that could result in
explosion, detonation, and/or fire. Consequently, handling these types
of organic peroxide compounds requires use of precautionary measures to
address the possibility of uncontrolled organic peroxide decomposition.
The organic peroxide manufacturer who has raised this issue with
the EPA produces a variety of organic peroxide products which are
potentially unstable at or below ambient temperatures. The organic
peroxide characteristics of the hazardous waste placed in tanks and
containers at the company's facilities are highly variable because of
the number of different types of organic peroxide products
manufactured, the types of manufacturing processes used, and the nature
of the operations used to safely handle organic peroxides at this
company's facilities. Consequently, at any given time, the organic
peroxide composition and concentration in the hazardous waste placed in
these tanks and containers could potentially attain proportions
initiating the spontaneous organic peroxide decomposition reactions.
Unless provisions are made
[[Page 50427]]
for the very rapid evacuation of the decomposition gases, an explosion
or fire could result in the waste management unit.
Prior to publication of the final subpart CC standards, the EPA
received a letter from the company requesting the EPA to identify
control technologies that could be safely used to control organic
emissions from tanks managing hazardous waste waters that contains
organic peroxides (RCRA docket entry F-94-CE2A-0001). The Agency was in
the process of revising the draft final subpart CC standards to include
a provision for safety venting of tanks and containers. Based on an
initial review of the information provided, the Agency considered these
safety vent provisions to be adequate to address the concerns raised by
the company.
In November 1994, the EPA received a second letter restating the
company's safety concerns with respect to implementing the subpart CC
standards on tanks and containers at their organic peroxide
manufacturing facilities (RCRA docket entry F-94-CE2A-0002). In
response to this letter, the EPA met with company representatives on
January 11, 1995 (RCRA docket entry F-94-CE2A-S0001). During this
meeting, the company representatives stated that certain tanks and
containers at its organic peroxide manufacturing facilities may require
air emission controls under the subpart CC standards. Several different
control equipment approaches for these tanks and containers have been
considered by the company for complying with the subpart CC standards.
For all cases, the company has concluded that use of the control
equipment on the tanks and containers in accordance with the
requirements specified in the subpart CC standards would have the
potential to significantly increase the risk of explosion and fire at
the company's facilities.
II. Issuance of Stay
The EPA expects that TSDF owners and operators will follow the
proper safety procedures appropriate for their particular situations
when designing and operating all air emission controls required by the
subpart CC standards. In response to comments received at proposal, the
EPA added several provisions to the final rule that specifically
address special situations when venting of covers and other air
emission control equipment is necessary for safety reasons. For example
under 40 CFR 264.1084(g) and 40 CFR 265.1085(g), owners and operators
are allowed to use pressure relief valves or other types of safety
devices on a tank cover required under the subpart CC standards to
address those special situations in which emergency venting of the
covered tank is necessary, consistent with good engineering and safety
practices, to prevent physical damage or permanent deformation of the
tank or cover.
Following the January 11, 1995 meeting with the company, the EPA
reviewed the air emission control equipment safety device provisions
included in the final subpart CC standards with respect to the special
nature of managing hazardous waste that contains organic peroxides with
the potential to undergo spontaneous, self-accelerating decomposition
reactions at or below ambient temperatures. The EPA recognizes that
special precautions must be followed when handling hazardous wastes
containing these types of organic peroxides. Tanks and containers used
for management of this type of hazardous waste exist at one company's
facilities and may exist at other TSDF locations of which the EPA is
not yet aware. Some of these tanks and containers potentially could be
subject to the subpart CC standards and require the use of air emission
controls. The EPA recognizes that certain site-specific circumstances
may exist where the provisions in the subpart CC standards allowing the
use of safety devices on the air emission controls (as provided by,
e.g., 40 CFR 264.1084(g)) may not be adequate to provide a level of
safety consistent with good engineering and safety practices for
handling organic peroxides, based on the composition of the organic
peroxide wastes and the management operations for those wastes.
Therefore, the EPA considers it appropriate to issue an administrative
stay of the subpart CC standards' applicability, subject to conditions,
for those special situations where hazardous waste that contains
organic peroxides with the potential to undergo spontaneous, self-
accelerating decomposition reactions at or below ambient temperatures
are managed at a TSDF in tanks or containers, and for which the
facility owner or operator determines that the use of any appropriate
air emission controls, as required by the subpart CC standards, on
these tanks and containers would create an undue safety hazard.
Based on the information provided to the EPA, the special
circumstances requiring the need to issue this stay for these tanks and
containers do not occur for TSDF surface impoundments. In particular,
the only impoundment receiving these wastes is scheduled to be replaced
by tanks before December 8, 1997, the compliance date by which
facilities must install controls on units that were initially in
compliance with the subpart CC standards through an implementation
plan.
By today's issuance of the stay, the requirements of the subpart CC
standards, with the exception of certain recordkeeping requirements, do
not apply to TSDF tanks and containers used for management of hazardous
waste generated by organic peroxide manufacturing and its associated
laboratory operations when the facility owner or operator meets all of
the conditions of the stay. This means that, for these specific tanks
and containers at a TSDF site, the facility owner and operator is
neither required to install and operate the air emission controls
specified in the subpart CC standards on the waste management units,
nor required to perform waste determinations for the hazardous waste
placed in the units provided that the owner or operator satisfies all
three conditions of the stay.
The first condition of the stay is that the tank or container must
be used to manage hazardous waste from organic peroxide manufacturing
processes that produce more than one functional family of organic
peroxides, and these organic peroxides are the predominant products
manufactured by the process. Further, these organic peroxides can
potentially undergo self-accelerating thermal decomposition at or below
ambient temperatures and these organic peroxides are the predominate
products manufactured by the process. For the purpose of meeting this
condition of this stay, ``organic peroxide'' means an organic compound
that contains the bivalent -O-O- structure and which may be considered
to be a structural derivative of hydrogen peroxide where one or both of
the hydrogen atoms has been replaced by an organic radical.
The second condition of the stay is that the TSDF owner or operator
must prepare documentation that explains why installation and operation
of air emission controls on the tank or container, as required by the
subpart CC standards, would create an undue safety hazard. The specific
information that the EPA considers to be necessary to satisfy this
condition is listed in Sec. 264.1089(i) and Sec. 265.1090(i) added to
the subpart CC standards by today's action (the requirements in
Sec. 264.1089(i) applicable to permitted TSDF and in Sec. 265.1090(i)
applicable to interim-status TSDF are identical). The stay requires no
administrative action by the EPA to take effect at a facility for which
the owner or operator claims to satisfy the conditions of the stay.
However, EPA officials (or officials from an
[[Page 50428]]
authorized State) could question the completeness and adequacy of the
information prepared by the TSDF owner or operator to support the stay
claim with respect to the requirements of Sec. 264.1089(i) or
Sec. 265.1090(i), as applicable to the facility.
The third condition for the stay is that the TSDF owner or operator
claiming the benefit of the stay submit a one-time notification of that
fact to the appropriate EPA Region or authorized State office. This
notice is to state that the TSDF manages hazardous wastes otherwise
subject to the subpart CC standards in tanks and containers, but is not
subject to those rules by virtue of this administrative stay. The
notice must include the name and address of the facility, and must be
signed and dated by an authorized representative of the facility owner
or operator. This notification is necessary to alert EPA and State
officials of the existence of the facility and, thus, provides a means
of verifying if the stay conditions have been satisfied. As explained
above, the stay is self-implementing; therefore, no administrative
action by the EPA is necessary for the stay to apply to a particular
TSDF. Thus, the notification does not present facts warranting grant of
a stay; rather, it notifies the EPA and State authorities that the stay
is being claimed by a TSDF owner or operator.
III. Administrative Requirements
A. Docket
Docket entries cited in this notice may be found in RCRA docket
number F-94-CE2A-FFFFF. Other RCRA docket numbers that pertain to the
final rule are F-91-CESP-FFFFF, F-92-CESA-FFFFF, and F-94-CESF-FFFFF.
The docket is available for inspection at the EPA RCRA Docket Office
(5305), Room 2616, U.S. Environmental Protection Agency, 401 M Street,
S.W., Washington, D.C. 20460.
IV. Legal Authority
The EPA is issuing this administrative stay pursuant to 5 U.S.C.
705, authorizing administrative agencies to stay administrative action
pending judicial review when ``justice so requires.'' See also Rule 18
of the Federal Rules of Appellate Procedure authorizing issuance of
administrative stays pending review. (A petition for review has been
filed regarding applicability of the subpart CC standards to persons
managing hazardous waste containing organic peroxides in tanks and
containers.) The EPA believes that issuance of a stay for this type of
hazardous waste is needed because the promulgated regulation could (in
the limited circumstances discussed in this notice) make it more
dangerous to manage the waste. The stay is needed to prevent such an
adverse result. The EPA also believes that the minimal conditions
attached to the stay--documentation of the reason why the stay applies
plus a one-time notification--are necessary to limit the stay only to
the situations warranting relief.
To the extent good cause (pursuant to 5 U.S.C. 553 (b)) is needed
to justify the Agency's immediately effective conditioned stay, the EPA
believes that it is provided by the need to avoid the risks of
explosion that could occur without the stay. In addition, the EPA notes
that the general issue of providing a type of safety-override in the
rule was addressed during the comment period and in the final rule, so
that today's action arises from the notice and comment already provided
during the rulemaking.
V. State Authority
As discussed in the final subpart CC standards (59 FR 62921,
December 6, 1994), rules promulgated under RCRA section 3004(n)
implement a provision of the 1984 Hazardous and Solid Waste Amendments
(HSWA) and consequently take effect immediately in authorized States.
The EPA will implement these standards in an authorized State until
such a time when the State either: (1) modifies its RCRA program to
adopt the rules and receives final authorization from the EPA for the
modification: or (2) receives interim authorization from the EPA. Id.
The EPA views today's conditioned stay as part of the rule, so that a
State seeking authorization for the subpart CC standards should include
this provision.
List of Subjects 40 CFR Parts 264 and 265
Air pollution control, Container, Control Device, Hazardous waste,
Incorporation by reference, Inspection, Miscellaneous unit, Monitoring,
Reporting and recordkeeping requirements, Standards, Surface
impoundment, Tank, Waste determination.
Dated: September 14, 1995.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
For the reasons set out in the preamble, title 40, chapter I, parts
264 and 265 of the Code of Federal Regulations are amended as follows:
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
1. The authority citation for part 264 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924 and 6925.
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
2. In Sec. 264.1080, paragraph (d) is added to read as follows:
Sec. 264.1080 Applicability.
* * * * *
(d) The requirements of this subpart, except for the recordkeeping
requirements specified in Sec. 264.1089(i) of this subpart, are
administratively stayed for a tank or a container used for the
management of hazardous waste generated by organic peroxide
manufacturing and its associated laboratory operations when the owner
or operator of the unit meets all of the following conditions:
(1) The owner or operator identifies that the tank or container
receives hazardous waste generated by an organic peroxide manufacturing
process producing more than one functional family of organic peroxides
or multiple organic peroxides within one functional family, that one or
more of these organic peroxides could potentially undergo self-
accelerating thermal decomposition at or below ambient temperatures,
and that organic peroxides are the predominant products manufactured by
the process. For the purpose of meeting the conditions of this
paragraph, ``organic peroxide'' means an organic compound that contains
the bivalent --O--O-- structure and which may be considered to be a
structural derivative of hydrogen peroxide where one or both of the
hydrogen atoms has been replaced by an organic radical.
(2) The owner or operator prepares documentation, in accordance
with the requirements of Sec. 264.1089(i) of this subpart, explaining
why an undue safety hazard would be created if air emission controls
specified in Secs. 264.1084 through 264.1087 of this subpart are
installed and operated on the tanks and containers used at the facility
to manage the hazardous waste generated by the organic peroxide
manufacturing process or processes meeting the conditions of paragraph
(d)(1) of this section.
(3) The owner or operator notifies the Regional Administrator in
writing that hazardous waste generated by an
[[Page 50429]]
organic peroxide manufacturing process or processes meeting the
conditions of paragraph (d)(1) of this section are managed at the
facility in tanks or containers meeting the conditions of paragraph
(d)(2) of this section. The notification shall state the name and
address of the facility, and be signed and dated by an authorized
representative of the facility owner or operator.
3. In Sec. 264.1089, paragraph (i) is added to read as follows:
Sec. 264.1089 Recordkeeping requirements.
* * * * *
(i) For each tank or container not using air emission controls
specified in Secs. 264.1084 through 264.1087 of this subpart in
accordance with the conditions specified in Sec. 264.1080(d) of this
subpart, the owner or operator shall record and maintain the following
information:
(1) A list of the individual organic peroxide compounds
manufactured at the facility that meet the conditions specified in
Sec. 264.1080(d)(1).
(2) A description of how the hazardous waste containing the organic
peroxide compounds identified in paragraph (i)(1) of this section are
managed at the facility in tanks and containers. This description shall
include:
(i) For the tanks used at the facility to manage this hazardous
waste, sufficient information shall be provided to describe for each
tank: a facility identification number for the tank; the purpose and
placement of this tank in the management train of this hazardous waste;
and the procedures used to ultimately dispose of the hazardous waste
managed in the tanks.
(ii) For containers used at the facility to manage these hazardous
wastes, sufficient information shall be provided to describe: a
facility identification number for the container or group of
containers; the purpose and placement of this container, or group of
containers, in the management train of this hazardous waste; and the
procedures used to ultimately dispose of the hazardous waste handled in
the containers.
(3) An explanation of why managing the hazardous waste containing
the organic peroxide compounds identified in paragraph (i)(1) of this
section in the tanks and containers as described in paragraph (i)(2) of
this section would create an undue safety hazard if the air emission
controls, as required under Secs. 264.1084 through 264.1087 of this
subpart, are installed and operated on these waste management units.
This explanation shall include the following information:
(i) For tanks used at the facility to manage these hazardous
wastes, sufficient information shall be provided to explain: how use of
the required air emission controls on the tanks would affect the tank
design features and facility operating procedures currently used to
prevent an undue safety hazard during the management of this hazardous
waste in the tanks; and why installation of safety devices on the
required air emission controls, as allowed under Sec. 264.1084(g) of
this subpart, will not address those situations in which evacuation of
tanks equipped with these air emission controls is necessary and
consistent with good engineering and safety practices for handling
organic peroxides.
(ii) For containers used at the facility to manage these hazardous
wastes, sufficient information shall be provided to explain: how use of
the required air emission controls on the containers would affect the
container design features and handling procedures currently used to
prevent an undue safety hazard during the management of this hazardous
waste in the containers; and why installation of safety devices on the
required air emission controls, as allowed under Sec. 264.1086(d) of
this subpart, will not address those situations in which evacuation of
containers equipped with these air emission controls is necessary and
consistent with good engineering and safety practices for handling
organic peroxides.
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
4. The authority citation for part 265 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6935.
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
5. In Sec. 265.1080, paragraph (d) is added to read as follows:
Sec. 265.1080 Applicability.
* * * * *
(d) The requirements of this subpart, except for the recordkeeping
requirements specified in Sec. 265.1090(i) of this subpart, are
administratively stayed for a tank or a container used for the
management of hazardous waste generated by organic peroxide
manufacturing and its associated laboratory operations when the owner
or operator of the unit meets all of the following conditions:
(1) The owner or operator identifies that the tank or container
receives hazardous waste generated by an organic peroxide manufacturing
process producing more than one functional family of organic peroxides
or multiple organic peroxides within one functional family, that one or
more of these organic peroxides could potentially undergo self-
accelerating thermal decomposition at or below ambient temperatures,
and that organic peroxides are the predominant products manufactured by
the process. For the purpose of meeting the conditions of this
paragraph, ``organic peroxide'' means an organic compound that contains
the bivalent -O-O- structure and which may be considered to be a
structural derivative of hydrogen peroxide where one or both of the
hydrogen atoms has been replaced by an organic radical.
(2) The owner or operator prepares documentation, in accordance
with the requirements of Sec. 265.1090(i) of this subpart, explaining
why an undue safety hazard would be created if air emission controls
specified in Secs. 265.1085 through 265.1088 of this subpart are
installed and operated on the tanks and containers used at the facility
to manage the hazardous waste generated by the organic peroxide
manufacturing process or processes meeting the conditions of paragraph
(d)(1) of this section.
(3) The owner or operator notifies the Regional Administrator in
writing that hazardous waste generated by an organic peroxide
manufacturing process or processes meeting the conditions of paragraph
(d)(1) of this section are managed at the facility in tanks or
containers meeting the conditions of paragraph (d)(2) of this section.
The notification shall state the name and address of the facility, and
be signed and dated by an authorized representative of the facility
owner or operator.
6. In Sec. 265.1090, paragraph (i) is added to read as follows:
Sec. 265.1090 Recordkeeping requirements.
* * * * *
(i) For each tank or container not using air emission controls
specified in Secs. 265.1085 through 265.1088 of this subpart in
accordance with the conditions specified in Sec. 265.1080(d) of this
subpart, the owner or operator shall record and maintain the following
information:
(1) A list of the individual organic peroxide compounds
manufactured at
[[Page 50430]]
the facility that meet the conditions specified in Sec. 265.1080(d)(1).
(2) A description of how the hazardous waste containing the organic
peroxide compounds identified in paragraph (i)(1) of this section are
managed at the facility in tanks and containers. This description shall
include the following information:
(i) For the tanks used at the facility to manage this hazardous
waste, sufficient information shall be provided to describe for each
tank: a facility identification number for the tank; the purpose and
placement of this tank in the management train of this hazardous waste;
and the procedures used to ultimately dispose of the hazardous waste
managed in the tanks.
(ii) For containers used at the facility to manage these hazardous
wastes, sufficient information shall be provided to describe: a
facility identification number for the container or group of
containers; the purpose and placement of this container, or group of
containers, in the management train of this hazardous waste; and the
procedures used to ultimately dispose of the hazardous waste handled in
the containers.
(3) An explanation of why managing the hazardous waste containing
the organic peroxide compounds identified in paragraph (i)(1) of this
section in the tanks and containers as described in paragraph (i)(2) of
this section would create an undue safety hazard if the air emission
controls, as required under Secs. 265.1085 through 265.1088 of this
subpart, are installed and operated on these waste management units.
This explanation shall include the following information:
(i) For tanks used at the facility to manage these hazardous
wastes, sufficient information shall be provided to explain: how use of
the required air emission controls on the tanks would affect the tank
design features and facility operating procedures currently used to
prevent an undue safety hazard during the management of this hazardous
waste in the tanks; and why installation of safety devices on the
required air emission controls, as allowed under Sec. 265.1085(g) of
this subpart, will not address those situations in which evacuation of
tanks equipped with these air emission controls is necessary and
consistent with good engineering and safety practices for handling
organic peroxides.
(ii) For containers used at the facility to manage these hazardous
wastes, sufficient information shall be provided to explain: how use of
the required air emission controls on the containers would affect the
container design features and handling procedures currently used to
prevent an undue safety hazard during the management of this hazardous
waste in the containers; and why installation of safety devices on the
required air emission controls, as allowed under Sec. 265.1087(d) of
this subpart, will not address those situations in which evacuation of
containers equipped with these air emission controls is necessary and
consistent with good engineering and safety practices for handling
organic peroxides.
[FR Doc. 95-24268 Filed 9-28-95; 8:45 am]
BILLING CODE 6560-50-P
