[Federal Register Volume 62, Number 235 (Monday, December 8, 1997)]
[Rules and Regulations]
[Pages 64636-64671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31792]
[[Page 64635]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 264, et al.
Hazardous Waste Treatment, Storage, and Disposal Facilities and
Hazardous Waste Generators; Organic Air Emission Standards for Tanks,
Surface Impoundments, and Containers; Final Rule
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 /
Rules and Regulations
[[Page 64636]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 264, 265, and 270
[IL-64-2-5807; FRL-5931-7]
RIN 2060-AG44
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; clarification and technical amendment.
-----------------------------------------------------------------------
SUMMARY: Under the authority of the Resource Conservation and Recovery
Act (RCRA), as amended, the EPA has promulgated standards (59 FR 62896,
December 6, 1994) to reduce organic air emissions from certain
hazardous waste management activities to levels that are protective of
human health and the environment. (The standards are known colloquially
as the ``subpart CC'' standards due to their inclusion in subpart CC of
parts 264 and 265 of the RCRA subtitle C regulations). These air
standards control organic emissions from certain tanks, containers, and
surface impoundments (including tanks and containers at generators'
facilities) used to manage hazardous waste capable of releasing organic
waste constituents at levels which can harm human health and the
environment.
Since publication of the final standards on December 6, 1994, the
EPA has given public notice and taken comment on several proposed
revisions to the final rule, and has made corresponding amendments. In
response to public comments and inquiries, today's action makes
clarifying amendments to certain regulatory text, and provides
clarification of certain preamble language that was contained in
previous documents for this rulemaking.
DATES: These amendments are effective December 8, 1997.
ADDRESSES: This document is available on the EPA's Clean-up Information
Bulletin Board (CLU-IN). To access CLU-IN with a modem of up to 28,800
baud, dial (301) 589-8366. First time users will be asked to input some
initial registration information. Next, select ``D'' (download) from
the main menu. Input the file name ``RCRA-FIN.ZIP'' to download this
document. Follow the on-line instructions to complete the download.
More information about the download procedure is located in Bulletin
104; to read this type ``B 104'' from the main menu. For additional
help with these instructions, telephone the CLU-IN help line at (301)
589-8368.
Docket. The supporting information used for the subpart CC
rulemaking is available for public inspection and copying in the RCRA
docket. The RCRA docket numbers pertaining to this rulemaking are F-91-
CESP-FFFFF, F-92-CESA-FFFFF, F-94-CESF-FFFFF, F-94-CE2A-FFFFF, F-95-
CE3A-FFFFF, F-96-CE3F-FFFFF, and F-96-CE4A-FFFFF. The RCRA docket is
located at Crystal Gateway, 1235 Jefferson Davis Highway, First Floor,
Arlington, Virginia. Review of docket materials is conducted at the
Virginia address; the public must have an appointment to review docket
materials. Appointments can be scheduled by calling the Docket Office
at (703) 603-9230. The mailing address for the RCRA docket office is
RCRA Information Center (5305W), U.S. Environmental Protection Agency,
401 M Street SW, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: For general information about the RCRA
Air Rules, or specific rule requirements of RCRA rules, please contact
the RCRA Hotline, toll-free at (800) 424-9346. Contacts for specific
information are listed in the Supplementary Information section of this
preamble.
SUPPLEMENTARY INFORMATION:
Regulated Entities: The entities potentially affected by this
action include:
------------------------------------------------------------------------
Examples of regulated
Category entities
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Industry..................................... Businesses that treat,
store, or dispose of
hazardous waste and are
subject to RCRA subtitle
C permitting
requirements, or that
accumulate hazardous
waste on-site in RCRA
permit-exempt tanks or
containers pursuant to
40 CFR 262.34(a).
Federal Government........................... Federal agencies that
treat, store, or dispose
of hazardous waste and
are subject to RCRA
subtitle C permitting
requirements, or that
accumulate hazardous
waste on-site in RCRA
permit-exempt tanks or
containers pursuant to
40 CFR 262.34(a).
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be interested in the
amendments to the regulation affected by this action. To determine
whether your facility is regulated by this action, you should carefully
examine the applicability criteria in Sec. 264.1030 and Sec. 265.1030
of the RCRA subpart AA rules, Sec. 264.1050 and Sec. 265.1050 of the
RCRA subpart BB rules, and Sec. 264.1080 and Sec. 265.1080 of the RCRA
subpart CC air rules.
Informational Contacts
If you have questions regarding the applicability of this action to
a particular situation, or questions about compliance approaches,
permitting, enforcement and rule determinations, please contact the
appropriate regional representative below:
Region I
Stephen Yee, (617) 565-3550; Jim Gaffey, 565-3437; U.S. EPA, Region I,
JFK Federal Building, Boston, MA 02203-0001
Region II
Abdool Jabar, (212) 637-4131; John Brogard, 637-4162; Jim Sullivan,
637-4138; U.S. EPA, Region II, 290 Broadway, New York, NY 10007-1866
Region III
Linda Matyskiela, (215) 566-3420; Andrew Clibanoff, 566-3391; U.S. EPA,
Region III, 841 Chestnut Building, Philadelphia, PA 19107
Region IV
Denise Housley, (404) 562-8495; Rick Gillam, 562-8498; Jan Martin, 562-
8593; Anita Shipley, 562-8466; Donna Wilkinson, 562-8490; Judy
Sophianolpoulos, 562-8604; David Langston, 562-8588; U.S. EPA, Region
IV, 61 Forsyth Street, Atlanta, GA 30303
Region V
Jae Lee, (312) 886-3781; Uylaine McMahan, 886-4454; Mike Mikulka, 886-
6760; Ivonne Vicente, 886-4449; Wen Huang, 886-6191; U.S. EPA, Region
V, 77 West Jackson Street, Chicago, IL 60604
Region VI
Michelle Peace, (214) 665-7430; Teena Wooten, 665-2279; U.S. EPA,
Region
[[Page 64637]]
VI, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733
Region VII
Ed Buckner, (913) 551-7621; Ken Herstowski, 551-7631; U.S. EPA, Region
VII, 726 Minnesota Avenue, Kansas City, KS 66101
Region VIII
Mindy Mohr, (303) 312-6525; Janice Pearson, 312-6354; U.S. EPA, Region
VIII, 999 18th Street, Suite 500, Denver, CO 80202-2466
Region IX
Stacy Braye, (415) 774-2056; Jean Daniel, 774-2128; U.S. EPA, Region
IX, 75 Hawthorne Street, San Francisco, CA 94105
Region X
Linda Liu, (206) 553-1447; David Bartus, 553-2804; U.S. EPA, Region X,
1200 Sixth Avenue, Seattle, WA 98101
For questions about testing or analytical methods mentioned in this
document, please contact Ms. Rima Dishakjian, Emission Measurement
Center (MD-19), U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711, telephone number (919) 541-0443. For
information concerning the analyses performed in developing this rule,
contact Ms. Michele Aston, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, telephone number (919) 541-2363, electronic mail address,
aston.michele@epamail.epa.gov.''
Background
Section 3004(n) of RCRA requires EPA to develop standards to
control air emissions from hazardous waste treatment, storage, and
disposal facilities (TSDF) as may be necessary to protect human health
and the environment. This requirement echoes the general requirement in
RCRA section 3004(a) and section 3002(a)(3) to develop standards to
control hazardous waste management activities as may be necessary to
protect human health and the environment. The Agency has issued a
series of regulations to implement the section 3004(n) mandate; these
regulations control air emissions from certain process vents and
equipment leaks (part 264 and part 265, subparts AA and BB), and
emissions from certain tanks, containers, and surface impoundments (the
subpart CC standards, which are the primary subject of today's action).
The EPA today is making technical amendments to the final subpart
AA, BB, and CC standards, and providing interpretations for certain
provisions of those rules. Since the publication of the final subpart
CC rule (59 FR 69826, December 4, 1994), the EPA has published four
Federal Register documents that delayed the effective date of that
rule. The first (60 FR 26828, May 19, 1995) revised the effective date
of the standards to be December 6, 1995. The second (60 FR 56952,
November 13, 1995) revised the effective date of the standards to be
June 6, 1996. The third (61 FR 28508, June 5, 1996) further postponed
the effective date for the rule requirements until October 6, 1996, and
the fourth (61 FR 59931, November 25, 1996) established the ultimate
effective date of December 6, 1996. The EPA has also issued an
indefinite stay of the standards specific to units managing wastes
produced by certain organic peroxide manufacturing processes (60 FR
50426, September 29, 1995).
On August 14, 1995, the EPA published a Federal Register document
entitled, ``Proposed rule; data availability'' (60 FR 41870) and opened
RCRA docket F-95-CE3A-FFFFF to accept comments on revisions that the
EPA was considering for the final subpart CC standards. The EPA
accepted public comments on the appropriateness of these revisions
through October 13, 1995. Throughout 1996 and into the present year,
the EPA also engaged in repeated discussions with representatives of
the groups filing petitions for review challenging the subpart CC
standards.
To further inform the affected public of the major clarifications,
compliance options, and technical amendments being considered, the EPA
conducted a series of seminars during August and September of 1995. At
that time, a total of six seminars were held nationally. An updated
series of six seminars was held in September through December 1996 and
two additional seminars were held March and April of 1997 in
conjunction with an industry trade association. (Refer to EPA RCRA
Docket No. F-95-CE3A-FFFFF.) During these seminars, additional comments
were received on the RCRA air rules for tanks, surface impoundments,
and containers. These comments were also considered by the EPA in
developing this final action.
On February 9, 1996, the EPA published a Federal Register document
(61 FR 4903), ``Final rule; technical amendment,'' which made
clarifying amendments in the regulatory text of the final standards,
corrected typographical and grammatical errors, and clarified certain
language in the preamble to the final rule to better convey the EPA's
original intent.
On November 25, 1996, the EPA published a Federal Register document
(61 FR 59932), ``Final rule'' that amended provisions of the final
subparts AA, BB, CC rules to better convey the EPA's original intent,
to provide additional flexibility to owners and operators who must
comply with the rules, and to change the effective date of the
requirements contained in the subpart CC rules to be December 6, 1996.
Today's action makes technical amendments to the final subparts AA,
BB, CC rules in order to clarify the regulatory text of the final
standards; interpret those standards; correct typographical, printing,
and grammatical errors; and clarify certain language published in the
preambles of previous Federal Register documents, to better convey the
EPA's original intent.
Today's amendments include one change to 40 CFR Part 270, to
correct a typographical error made in the December 6, 1994 final rule.
The text listing the sections of regulatory requirements that must be
included in the general inspection schedule incorrectly listed
``245.193(i)'' where section 264.193(i) was intended. This was
obviously a typographical error, as all of the sections listed in that
provision are from 40 CFR part 264; the sections are listed in numeric
order, and ``245.193(i)'' was very obviously out of place. Further, no
section 245.193(i) exists; in fact, no 40 CFR 245 exists. Today's
amendment corrects this typographical error.
Outline
The information presented in this preamble is organized as follows:
I. Subpart B--General Facility Standards
II. Subpart E--Manifest System, Recordkeeping, and Reporting
III. Subpart AA--Air Emission Standards for Process Vents
A. Applicability
B. Definitions
C. Standards: Closed-Vent Systems and Control Devices
D. Recordkeeping Requirements
IV. Subpart BB--Air Emission Standards for Equipment Leaks
A. Applicability
B. Standards: Closed-Vent Systems and Control Devices
C. Alternative Standards for Valves
D. Recordkeeping Requirements
E. Open-ended Valves and Lines
V. Subpart CC--Air Emission Standards for Tanks, Surface
Impoundments, and Containers
A. Applicability and Definitions
B. Schedule for Implementation of Air Emission Standards
C. Standards: General
[[Page 64638]]
D. Waste Determination Procedures
E. Standards: Tanks
F. Standards: Surface Impoundments
G. Standards: Containers
H. Standards: Closed-Vent Systems and Control Devices
I. Recordkeeping and Reporting Requirements
J. Appendix VI to Part 265
VI. Administrative Requirements
A. Docket
B. Paperwork Reduction Act
C. Executive Order 12866
D. Regulatory Flexibility
E. Unfunded Mandates Act
F. Immediate Effective Date
VII. Legal Authority
I. Subpart B--General Facility Standards
Today's action removes Secs. 264.1091(b) and 265.1091(b) from the
list of sections in Secs. 264.15 and 265.15, respectively. Sections
264.15 and 265.15 contain a list of provisions from which inspection
items and frequencies are required to be included in the general
facility inspection schedule. The inspection requirements for floating
roof tanks that were in Secs. 264.1091(b) and 265.1091(b) of subpart CC
as promulgated, were incorporated into Secs. 264.1084 and 265.1085 by
the November 25, 1996, final rule amendments (61 FR 59944). That action
also removed and reserved Secs. 264.1091(b) and 265.1091(b). Therefore,
the EPA is revising this provision to reference the paragraphs that now
contain the inspection requirements. The EPA is also correcting a
previous omission, by including a reference to the sections of subpart
CC that include inspections requirements.
II. Subpart E--Manifest System, Recordkeeping, and Reporting
Today's action also removes Secs. 264.1091(b) and 265.1091(b) from
the list of sections from which monitoring, testing, or analytical
data, and corrective action requirements must be included in the
facility operating record. The monitoring and testing requirements for
floating roof tanks that were in Secs. 264.1091(b) and 265.1091(b) of
subpart CC as promulgated, were incorporated into Secs. 264.1084 and
265.1085 by the November 25, 1996 final rule amendments (61 FR 59944)
and, as just noted, Secs. 264.1091(b) and 265.1091(b) were removed and
reserved. Therefore, the EPA is revising this provision to reference
the paragraphs that now contain the appropriate requirements, and
including a reference to provisions of subpart CC that were previously
omitted through an oversight.
III. Subpart AA--Air Emission Standards for Process Vents
A. Applicability
In today's action, the EPA is amending Secs. 264.1030(b)(3),
264.1050(b)(3), 265.1030(b)(3), and 265.1050(b)(3) to make clear the
EPA's original intent as to when recycling units are subject to the
subpart AA and BB rules. The EPA made clear in the November 25, 1996
preamble that recycling units which are otherwise exempt from RCRA
subtitle C regulation under 40 CFR 261.6(c)(1) are not subject to
subpart AA and BB standards unless some other unit at the facility has
to obtain a RCRA permit. See 61 FR at 59932-33, and 59935. The Agency
also showed how the existing regulation could be interpreted to give
this result. Id. at 59935. Put another way, Subparts AA and BB are
applicable to recycling units at permitted TSDF and interim status
TSDF. Also, at both TSDF and generator facilities (generators' 90-day
accumulation units), subparts AA and BB are applicable to units that
are not recycling units. However, the EPA believes that the rule
language can be drafted to make this point more clearly, and is doing
so in today's rule, for both subpart AA and BB.
The EPA is further clarifying that the RCRA ``permit-as-shield''
provisions do not apply to the subpart AA (or the subpart BB or CC
standards); see Section VI.E of the preamble to the final rule, 59 FR
62910, December 6, 1994. This means that owners and operators receiving
permits before the date those rules became effective must nevertheless
comply with the subpart AA (and the subpart BB and CC) regulatory
standards. The EPA is adding a sentence to Sec. 264.1030(c) which
essentially cross-references the existing Sec. 270.4(d) provision
stating that ``permit-as-a shield'' does not apply to these units.
The EPA has previously amended 40 CFR 270.4 (see 59 FR 62952,
December 6, 1994) to require that owners and operators of TSDF that
have been issued final permits prior to December 6, 1996, comply with
the air standards under 40 CFR part 265, subparts AA, BB, and CC until
the facility's permit is reviewed or reissued by the EPA. As was
explained in Section VIII.A of the preamble to the final rule (59 FR
62920, December 6, 1994), this amendment eliminates application of the
``permit-as-a-shield'' practice for these air standards but does not
require that the EPA or the TSDF owner or operator initiate a permit
modification to add the requirements of 40 CFR part 264, subparts AA,
BB, or CC. The EPA believes that this minimizes the administrative
burden on the TSDF owner or operator as well as limits the additional
burden on the permitting resources of the EPA. However, when a permit
is reopened or subject to renewal, or when a TSDF owner or operator
submits a Class 3 modification request pertaining to an existing unit
or addition of a new unit subject to these standards, then the
applicable requirements of 40 CFR part 264, subparts AA, BB, and CC
will be incorporated into the modified permit conditions.
The EPA is also amending the applicability provision of subpart AA
by adding a new Sec. 264.1030(d) and Sec. 265.1030(d). This provision
states that a process vent is not subject to the subpart AA standards
provided the owner or operator certifies that all subpart AA-regulated
process vents at the facility are equipped with and operating air
emission controls in accordance with the requirements of an applicable
Clean Air Act regulation codified in Part 60, 61, or 63. The EPA
adopted a similar provision for units subject to subpart CC as part of
the November 1996 amendments (see Sec. 264.1080(d) and Sec. 265.1080(d)
of subpart CC) and the logic for applying the same exemption in the
same manner to subpart AA process vents is identical. The preamble
discussion at Section IV.C, 61 FR 59938-59939 (November 25, 1996)
explains at length why this exemption avoids unnecessary duplication
with CAA requirements, all of which discussion applies equally here.
The EPA in fact intended that the exemption apply to subpart AA process
vents as well (since there is no basis for distinguishing between
subpart AA and CC units for this purpose), but inadvertently omitted
the exemption from subpart AA when it codified the subpart CC
exemption. Today's amendment corrects that oversight.
This exemption is, however, implemented slightly differently from
the parallel exemption for subpart CC units. Both of the compliance
approaches allowed under the existing subpart AA rules require emission
control or emission limits on a facility-wide basis. See 40 CFR
264.1032(a)(1) and (a)(2). Thus, to be equally protective of human
health and the environment, the EPA considers it necessary that any
alternative compliance demonstration require control of all of the
process vents at the facility that would have otherwise been regulated
under subpart AA. Therefore, today's exemption is only available at a
facility where each and every process vent that would otherwise be
subject to subpart AA is equipped with, and operating air
[[Page 64639]]
emission controls, in compliance with an applicable CAA standard under
Parts 60, 61, or 63. As with the similar provisions in subparts BB and
CC, to comply with the requirements at paragraphs Sec. 264.1030(d) or
Sec. 265.1030(c), the emissions from each subpart AA process vent must
be routed through an air emission control device; a vent that is in
compliance with a CAA standard under an exemption from control device
requirements is not in compliance with those provisions of subpart AA.
Despite this minor restriction, the EPA considers this alternative to
provide the facility owner or operator with a broader degree of
compliance flexibility, and less extensive monitoring, recordkeeping,
and reporting requirements under RCRA, and therefore to warrant
promulgation.
The EPA has received inquiries as to whether portable equipment
that otherwise meets the definition of a unit subject to the subpart
AA, BB, or CC regulations, is subject to the requirements of subparts
AA, BB, and CC. The literal language of the regulations clearly
applies, since there is no exemption for portable equipment in the
regulations. Nor does the EPA consider that such an exemption is
appropriate. Portable equipment that is used to manage hazardous waste
consistent with the applicability requirements of these subparts would
emit the same volume of organics that stationary equipment would emit.
The EPA therefore considers it appropriate to subject portable
equipment to the same control requirements as stationary, or non-
portable equipment. By this interpretation, the EPA is not extending
the applicability of the AA, BB, or CC standards; rather, the EPA is
merely clarifying that these standards do not contain any exemption or
special criteria for portable equipment. Moreover, the fact that such
portable equipment may also be used for non-hazardous waste
applications has no bearing on the EPA's intent to regulate the
portable equipment during instances when it is used for hazardous waste
applications. The EPA does not consider that fact to affect the need to
control the equipment when it is in hazardous waste service.
B. Definitions
``In light liquid service'' was defined in Sec. 264.1031 to be
consistent with the definition of ``in light liquid service'' in the
NSPS for equipment leaks of VOC in the synthetic organic chemicals
manufacturing industry (40 CFR part 60, subpart VV). It was the EPA's
intent that the determination of ``in light liquid service'' be based
on the organic content of a liquid. However, questions have been raised
by the regulated community regarding how to account for water in the
determination of ``in light liquid service.'' In response to the
questions, the definition of ``in light liquid service'' in
Sec. 264.1031 is revised by changing ``* * * the vapor pressure of one
or more of the components in the stream is greater than 0.3 kilopascals
(kPa) at 20 deg.C, the total concentration of the pure components
having a vapor pressure greater than 0.3 kilopascals (kPa) at 20 deg.C
is equal to or greater than 20 percent by weight * * *'' to read as
follows ``* * *the vapor pressure of one or more of the organic
components in the stream is greater than 0.3 kilopascals (kPa) at 20
deg.C, the total concentration of the pure organic components having a
vapor pressure greater than 0.3 kilopascals (kPa) at 20 deg.C is equal
to or greater than 20 percent by weight* * *'' This revision clarifies
that the definition applies only to the organic components of the waste
stream; not to non-organic chemicals that meet the vapor pressure
criteria (e.g., water). The revised definition is consistent with the
definition of ``in light liquid service'' in the recently promulgated
NESHAP for equipment leaks (40 CFR part 63, subpart H).
C. Standards: Closed-Vent Systems and Control Devices
The final subpart AA air emission standards for process vents
provided up to an 18-month implementation schedule after the effective
date that a facility becomes subject to the provisions of subpart AA,
for installation and operation of closed-vent systems and control
devices. The February 9, 1996 (61 FR 4911) revisions to
Secs. 264.1033(a)(2) and 265.1033(a)(2) extended the implementation
schedule to as much as 30 months, consistent with the requirements of
subpart CC. Consistent with this existing provision, today's revisions
clarify that units which become newly subject after the subpart AA
effective date of December 21, 1990 as a result of an EPA regulatory
change or statutory change, are also provided a 30-month implementation
schedule. The provision is also amended to clarify that units which
become newly subject to subpart AA after that effective date due to any
reason other than an EPA regulatory change or statutory amendment are
not allowed to comply using an implementation schedule; they must be in
compliance on the date that the unit first becomes subject to subpart
AA.
A printing correction is also being made to this section in
Sec. 265.1033(f)(2)(vi)(B). The degree symbol was inadvertently printed
in lower case rather than as a superscript; today's action corrects
this.
The November 25, 1996, amendments to the subpart CC standards (at
Sec. 265.1088(c)(2)(i)) for control devices and closed-vent systems,
added provisions to allow up to 240 hours per year for periods of
planned, routine maintenance of a control device; during such time, the
control device is not required to meet the performance requirements for
emission reductions specified in the rule. The EPA's rationale for
adding this allowance to subpart CC is explained in the preamble to
those amendments at 61 FR 59948. The EPA has determined that, based on
the nature of the affected operation or the type of unit that is being
served by the control device, there are circumstances in which a
limited allowance for control device down-time during maintenance is
reasonable. For example, the EPA made a similar allowance of up to 240
hours for control device performance in the HON requirements for
storage vessels, i.e., tanks, (see Sec. 63.119(e)(3)); this allowance
was made based on consideration of the fact that a HON facility with
affected storage vessels normally would not have adequate excess
storage tank capacity to handle emptying an affected tank(s) each time
the control device serving the vessel(s) is shut down for routine
maintenance. It is also important to note that the HON regulation did
not extend this same routine maintenance allowance for control devices
to other types of units, or to affected process vents; the HON
allowance is only for control devices serving storage vessels. The EPA
has judged that the operational practices of process vents are
significantly different from those of storage vessels, and thus do not
warrant a similar allowance for control device down-time.
In the amendments to the subpart CC rule that were published in
November 1996, the EPA adopted the provision from the HON, and further
extended and broadened the control device allowance in applying it to
control devices that serve not only tanks but also surface impoundments
and containers (see Sec. 264.1087(c)(2)(i)). The decision to extend the
allowance to the subpart CC hazardous waste management units was also
based on the consideration of typical operational practices of affected
TSDF. Within the waste management industry, the quantities and
compositions of the waste managed vary widely over time; also, many
regulated waste management units (i.e., tanks and impoundments)
[[Page 64640]]
have vent flow rates low enough that several units are controlled using
a single device. For several waste management units served by a single
control device, it is not feasible in most cases to have enough excess
storage capacity to handle all the units that would be served by a
single control device. Therefore, the EPA included the control device
maintenance allowance in the subpart CC standards for containers and
surface impoundments, as well as for tanks. As in the case of the HON,
the EPA does not consider it appropriate to extend the control device
allowance for maintenance time to control devices serving process
vents. Therefore, the EPA is not extending the control device
maintenance allowance to subpart AA process vents.
It also has come to the attention of the EPA that some commenters
have misinterpreted the language relating to the accuracy of the
temperature monitoring devices that the EPA specified in the subpart AA
standards for closed-vent systems and control devices, found at
Secs. 264.1033(f) and 265.1033(f). As these commenters interpret the
rule language, the EPA has specified a degree of accuracy that
precludes monitoring devices with greater accuracy than is specified in
the regulations. This is not the EPA's intent, and the Agency does not
consider this to be a reasonable interpretation of the rule. At
numerous places in this rule and other rules, the EPA has specified the
accuracy of temperature monitoring devices by requiring ``an accuracy
of 1 percent of the temperature being monitored in degrees
Celsius ( deg.C) or 0.5 deg.C, whichever is greater.'' It
is implicit in the use of this language that the EPA is providing a
range of accuracy with which the monitoring device must comply or
conform. For example, the term ``1 percent'' indicates that
the accuracy of the device must fall within the range from plus 1
percent to minus 1 percent. Any device that has an accuracy within this
range complies with the rule requirement. It was not the intent of the
EPA to preclude the use of devices with greater (i.e., better) accuracy
than the absolute value specified.
D. Recordkeeping Requirements
Commenters have stated that the requirement at
Sec. 265.1035(c)(10)(iv) to record the maximum instrument reading
measured by Method 21 after a leak has been successfully repaired or
determined to be not repairable is unnecessary. They contend that
because other rules which require use of EPA Method 21, such as the
Off-Site Waste and Recovery Operations NESHAP (40 CFR part 63, subpart
DD), do not require this instrument reading, the requirement should be
removed. Although subpart DD to part 63 does not contain a similar
recordkeeping requirement for the instrument reading, as part of the
information recorded when a leak is detected using Method 21, various
other regulations do have similar requirements (see Sec. 63.181(d)(4)
of 40 CFR part 63, subpart H, National Emission Standards for Organic
Hazardous Air Pollutants for Equipment Leaks). The EPA continues to
believe that this information is useful in the implementation and
enforcement of the air emission regulations. Instrument monitoring
after a repair is an indication of the success of the repair,
information which EPA considers commensurate with the initial leak
monitoring requirements at Sec. 265.1033(k)(1)(i). Instrument
monitoring upon determination that a leak is not repairable is an
indication of the severity of the organic emissions that will continue
to be emitted from the non-repairable equipment, which EPA considers
valuable information for the implementation and future review of its
organic air emissions standards. Therefore, EPA will maintain this
recordkeeping requirement.
IV. Subpart BB--Air Emission Standards for Equipment Leaks
A. Applicability
Today's action adds appropriate language to the subpart BB
applicability provisions to cross reference and clarify that the EPA
has modified the ``permit-as-a-shield'' practice for implementation of
the subpart BB (as well as the subpart AA and CC) RCRA air rules. The
modification of this practice affects owners and operators of existing
TSDF for which final RCRA permits have been issued by the EPA.
Paragraph (c) in Sec. 264.1050 and Sec. 265.1050 is being revised to
clarify that the owner or operator is subject to the requirements of 40
CFR part 265, subpart BB until such date that the owner or operator
receives a final RCRA permit incorporating the requirements of 40 CFR
part 264, subpart BB.
The EPA has previously amended 40 CFR 270.4 (see 59 FR 62952,
December 6, 1994) to require that owners and operators of TSDF that
have been issued final permits prior to December 6, 1996, comply with
the air standards under 40 CFR part 265, subparts AA, BB, and CC until
the facility's permit is reviewed or reissued by the EPA to include the
part 264 standards. As is explained in Section VIII.A of the preamble
to the final rule (59 FR 62920, December 6, 1994), this amendment
eliminates application of the ``permit-as-a-shield'' practice for these
air standards, but does not require that the EPA or the TSDF owner or
operator initiate a permit modification to add the requirements of 40
CFR part 264, subparts AA, BB, or CC. The EPA considers the existing
regulatory text to accurately convey this intent, and is providing this
preamble discussion in response to commenters' requests.
B. Standards: Closed-Vent Systems and Control Devices
The final subpart BB air emission standards for equipment leaks
referenced the subpart AA closed-vent system and control device
requirements to provide up to an 18-month implementation schedule after
the effective date that a facility becomes subject to the provisions of
subpart BB, for installation and operation of closed-vent systems and
control devices. The February 9, 1996 (61 FR 4911) revisions to
Secs. 264.1060 and 265.1060 added a paragraph to extend the
implementation schedule to as much as 30 months, consistent with the
requirements of subpart CC. Today's amendments clarify that units that
begin operation after the subpart BB effective date of December 21,
1990, and that become subject to the requirements of subpart BB because
of an EPA regulatory change or a statutory change after December 21,
1990, are also provided a 30-month implementation schedule. The
provision is also amended to clarify that units which become newly
subject to subpart BB after that effective date due to any reason other
than an EPA regulatory change or a statutory amendment are not allowed
to comply using an implementation schedule; they must be in compliance
on the date that the unit first becomes subject to subpart BB. In
recognition that facilities have been on notice since 1990 of the
applicability of subparts AA and BB, and since 1991 of the
applicability of subpart CC, the EPA considers it reasonable to expect
facilities that become newly-subject to these subparts, through other
than a statutory or EPA regulatory change, to be in compliance with the
provisions on the date that they become newly subject.
C. Alternative Standards for Valves
Clarifying language is being added to the alternative standards for
valves in gas/vapor service or in light liquid service: skip period
leak detection and repair. The EPA has received comments on the
ambiguity of the skip period leak detection and repair provisions as
codified. The codified language is ambiguous because it gives no
[[Page 64641]]
indication of how the alternative work practice that involves two
consecutive quarterly leak detection periods with the percentage of
valves leaking equal to or less than 2 percent which allows the owner
or operator to skip one of the quarterly leak detection periods
[Sec. 264.1062(b)(2) or Sec. 265.1062(b)(2)] interacts with the
alternative work practice that involves five consecutive quarterly leak
detection periods with the percentage of valves leaking equal to or
less than 2 percent which allows the owner or operator to skip three of
the quarterly leak detection periods [Sec. 264.1062(b)(3) or
Sec. 265.1062(b)(3)]. Nor is the codified language clear on whether the
periods with the percentage of valves leaking equal to or less than 2
percent need to be repeated after the initial skipped periods, or if
the owner or operator is allowed to continue on the skip period
schedule once the criteria have been met for one period.
In order to clarify the EPA's intent regarding the skip monitoring
alternatives, paragraphs in Sec. 264.1062(b) and Sec. 265.1062(b) are
being amended to more fully explain that, if the specified criteria are
met under the alternatives, the owner or operator can monitor for leaks
once every six months (i.e., under Sec. 264.1062(b)(2)) or once every
year (i.e., under Sec. 264.1062(b)(3)). If an owner or operator is
monitoring equipment every six months, under Sec. 264.1062(b)(2), he is
not complying with the five consecutive quarterly leak detection
requirements of Sec. 264.1062(b)(3), and thus does not qualify to begin
monitoring once every year. Essentially, if an owner or operator meets
the requirements of subsection (b)(2), he may choose to either begin
monitoring every six months, or he may choose to continue quarterly
monitoring in an attempt to meet the requirements of subsection (b)(3);
complying with the provision of subsection (b)(2) excludes the
opportunity to comply with the requirements of subsection (b)(3).
Once an owner or operator meets the qualifications of either
subsection (b)(2) or subsection (b)(3), he is then allowed to continue
the skip monitoring of that provision as long as the percentage of
valves found leaking by the semiannual or annual monitoring is equal to
or less than 2 percent. These clarifying amendments reflect the
Agency's prior intent regarding the implementation of the alternative
standards for valves.
D. Recordkeeping Requirements
The recordkeeping provisions of subpart BB are being amended to
eliminate any owner or operator burden caused by regulatory overlap.
The subpart BB recordkeeping provisions in Sec. 264.1064(m) and
Sec. 265.1064(m) are being amended to allow any equipment that contains
or contacts hazardous waste that is subject to subpart BB and also
subject to regulations in 40 CFR part 60, 61, or 63 to determine
compliance with subpart BB by documentation of compliance with the
relevant provisions of the Clean Air Act rules codified under 40 CFR
part 60, part 61, or part 63. Because compliance with subpart BB is
demonstrated through recordkeeping, this recordkeeping revision has the
effect of exempting equipment that would otherwise be subject to
subpart BB from subpart BB requirements, provided the equipment is
operated, monitored and repaired in accordance with an applicable CAA
standard, and appropriate records are kept to that effect.
As is described in Section III.A of this preamble regarding the
potential regulatory overlap of the RCRA air rules and Clean Air Act
regulations, the EPA is providing this exemption to reduce the
possibility of duplicative or conflicting requirements for those TSDF
units using organic emission controls in compliance with a NESHAP but
which are also subject to requirements under the RCRA standards. The
EPA considers this to be the most appropriate approach to ensure that
air emissions from equipment managing hazardous waste are controlled to
the extent necessary to protect human health and the environment. This
exemption was originally included with the promulgation of subpart BB
on June 21, 1990 (55 FR 25454), in the same format, but with more
specificity as to the CAA regulations. As discussed in Section III.A.
of this preamble, it was clearly the Agency's intent to apply the same
rationale explained in the November 25, 1996 preamble at 61 FR 59938,
to extend the applicability exemption to subpart BB equipment operated,
monitored and repaired in accordance with an applicable CAA standard
under 40 CFR part 60, 61, or 63.
The November 25, 1996 final rule amendments added a provision to
the applicability of subpart BB that excludes equipment that contains
or contacts affected hazardous waste for a period of less than 300
hours per calendar year. See 61 FR at 59937. One commenter has
requested that the Agency clarify whether equipment which is not in
service, but contains hazardous waste residue, is considered to be in
contact with hazardous waste. The EPA considers the language of the
provision explicit on this point; the amount of time that equipment
contains hazardous waste, whether at operating capacity or as a
residue, is considered time that the equipment ``contains or contacts''
hazardous waste. Thus, if subpart BB equipment contains subpart BB-
regulated hazardous waste residues for more than 300 hours during a
calendar year, that equipment would not be exempt from subpart BB under
the provisions at Sec. 264.1050(f) or Sec. 265.1050(f). The EPA
purposefully worded the provision to say, ``contains or contacts''
because the emissions from the equipment are related to the organic
hazardous waste that is in the equipment; even if the process or
equipment is not in service, the organic hazardous waste in contact
with the equipment has the potential to volatilize, and EPA considers
it necessary to subject the equipment to the requirements of subpart
BB. Thus, EPA is today reiterating that the regulation at
Sec. 264.1050(f) and Sec. 265.1050(f) requires the equipment to be void
of subpart BB-regulated waste for a minimum of 300 hours per calendar
year.
The same commenter inquired whether, for the purposes of this same
provision, the period of time which the equipment contains or contacts
subpart BB-regulated waste must be consecutive (e.g. 290 consecutive
hours), or if it could be the sum of shorter periods (e.g., ten periods
of 29 hours each). The provision was intended to exempt equipment that
does not contain or contact subpart BB-regulated waste a total of 300
hours of more during a calendar year. This provision was adopted from
similar provisions of the Hazardous Organic NESHAP promulgated under 40
CFR 63.160. See preamble discussion at 61 FR 59937, November 25, 1996.
It is implicit in reading the language at 40 CFR 63.160(a) that the EPA
intended the requirement to refer to a sum, or total, of 300 hours per
calendar year, as opposed to a single period of 300 hours. The EPA is
today amending regulatory text at 264.1050(f) and 265.1050(e) and the
associated recordkeeping requirements at 264.1064(g)(6) and
265.1064(g)(6) to remove the phrase, ``a period of'' and thus, remove
any ambiguity as to the Agency's intent that for this regulatory
requirement, instances during which equipment contains or contacts
subpart BB-regulated waste need not be consecutive; it is only required
that the sum of all time that the equipment contains or contacts
subpart BB-regulated waste is less than 300 hours per calendar year.
E. Open-Ended Valves and Lines
Several comments have been received regarding the requirements for
open-
[[Page 64642]]
ended lines or valves as they relate to gravity piping. Commenters
expressed concern that gravity feed piping that is equipped with an
open valve or line does not meet the requirements of the subpart BB
standards. Subpart BB requires that each open-ended valve or line be
equipped with a cap, blind flange, plug, or a second valve when
managing hazardous wastes with an organic content equal to or greater
than 10 percent by weight. The commenters have suggested that the EPA
amend the subpart BB requirements to state that the EPA considers a
drain system that meets the requirements of 40 CFR part 63, subpart RR,
National Emission Standards for Individual Drain Systems to be a closed
system. The EPA has examined this issue and has found no technical
basis for making a change to the existing rule. Moreover, the Part 63
subpart RR requirements are intended for control of waste in organic
concentrations on the order of magnitude with the 500 ppmw action level
of the subpart CC standards, whereas the subpart BB standards in parts
264 and 265 are applicable to equipment that contacts waste with an
organic concentration of 10 percent by weight. There is a significant
difference in the level of required control between the two standards.
The EPA does not consider it appropriate to allow the subpart RR drain
system requirements to substitute for the more extensive open-ended
valve and line requirements of subpart BB, because application of the
subpart RR standards to subpart BB equipment would not provide an
equivalent level of organic emission control as would be achieved by
compliance with the applicable subpart BB requirements. Facility owners
or operators with gravity feed piping that requires a vent to
facilitate draining can comply with the subpart BB and CC standards by
installing organic emission control equipment on the pipe vent. The
control requirements in subpart BB are appropriate and adequate for
control of open-ended lines and valves.
V. Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
A. Applicability and Definitions
In Secs. 264.1080 and 265.1080, the EPA is revising the effective
date of the subpart CC rules to be December 6, 1996. This revised
effective date was established in the November 25, 1996 amendments, but
this regulatory change was inadvertently omitted from that action.
Today's revision corrects this oversight.
In Sec. 265.1081, the definition of ``in light material service''
is revised to correct a typographical error to capitalize the T in
``the'' as follows, ``* * * The vapor pressure of one or more of the
organic constituents * * *''
B. Schedule for Implementation of Air Emission Standards
The final subpart CC standards allow the owner or operator to
prepare an implementation schedule for installation of control
equipment that cannot be installed and in operation by the effective
date of the rule (See Sec. 265.1082(a)(2)). The EPA intended that the
implementation schedule apply to any capital projects implemented by
the owner or operator to comply with the subpart CC requirements. (See
61 FR at 4905, February 9, 1996.) This intent was expressed in the 1994
final rule; see Hazardous Waste TSDF Background Information for
Promulgated Organic Air Emission Standards for Tanks, Surface
Impoundments, and Containers, EPA-453/R-94-076b (``BID'') page 9-7,
which states that the owner's or operator's approach to complying with
the air emission control requirements under the subpart CC standards
may involve a major design and construction project which requires
longer than 18 months to complete (e.g., replacing a large open surface
impoundment with a series of covered tanks). To further clarify this
intent, Sec. 265.1082 is revised by today's action to specify that
compliance can be demonstrated through an implementation schedule when
either: (1) control equipment or waste management units can not be
installed and in operation by the rule effective date; or (2)
modifications of production or treatment processes to satisfy subpart
CC exemption criteria in accordance with Sec. 265.1083(c) can not be
completed by the rule effective date. In either case, the
implementation schedule must be entered into the facility record, and
must contain information demonstrating that the facility will be in
compliance with all of the requirements of subpart CC, no later than
December 8, 1997. The revisions to the schedule for implementation also
incorporate the revised effective date of December 6, 1996.
Commenters have questioned whether compliance activities other than
those involving the installation of equipment or the modification of
processes may be accomplished under an implementation schedule. For
example, whether a facility can delay compliance past the rule
effective date for monitoring or testing requirements. The preamble to
the February 9, 1996 Federal Register document clarified that ``The EPA
expects such instances to be rare, but in the event a facility cannot
implement any technical requirement of subparts AA, BB, or CC, it is
the EPA's intent that the owner or operator document the necessity for
a delay in the facility operating record. To be in compliance with the
rule, the necessary documentation must be in place by [the rule
effective date].'' See 61 FR at 4905, February 9, 1996. The EPA
maintains that there may be circumstances in which a facility owner or
operator can not be in compliance with certain monitoring or testing
requirements by the effective date of the standards. For example, if a
facility owner or operator is unable to begin operation of a control
device prior to the rule effective date, he would not be able to
perform the required monitoring of that device by that date either.
However, to be in compliance with the subpart CC rules, the owner or
operator must be in compliance with all the rule requirements as soon
as is practicable, but no later than December 8, 1997.
(Note: The only exceptions to this final compliance date are those
requirements applicable to certain tanks in which stabilization
operations are performed, which must be in compliance no later than
June 8, 1998 (see 59 FR at 62912, December 6, 1994)), and
requirements delayed by the Regional Administrator, as discussed
below in this section of today's preamble.
Today's action is also amending regulatory language to clarify that
owners or operators of facilities and units that become newly subject
to the requirements of subpart CC after December 8, 1997, because of an
action other than an EPA regulatory change or a statutory change under
RCRA, must comply with all applicable rule requirements immediately
(i.e., must have control devices installed and operating on the date
the facility or unit becomes subject to subpart CC); the 30-month
implementation schedule does not apply in this case. The EPA considered
this to be implicit in the existing language of paragraph (b) of
Sec. 265.1082. The Agency is adding new language in response to
questions and comments from affected facilities regarding
interpretation of the rule requirements regarding implementation
schedules. The new provision will be codified as paragraph 265.1082(c).
One commenter expressed concern regarding the initial monitoring of
closed-vent systems. They noted that delayed compliance is allowed
under the rules for routine monitoring of those systems that are either
inaccessible or unsafe to monitor, and requested that similar provision
be allowed for initial monitoring that may be delayed due to
[[Page 64643]]
weather or process conditions. The EPA has examined this issue and has
concluded that a change in the rule is not appropriate. The industry
has been on notice for several years that the subpart CC rules would
require these monitoring inspections. Any facilities that become newly
subject to the subpart through an EPA regulatory amendment or statutory
amendment are typically allowed at least 6 months from the date of
publication of the action; the EPA considers this to have been
sufficient notice to adequately prepare for, and perform, the necessary
monitoring.
As published in the December 6, 1994, final rule, paragraph (c) of
Sec. 265.1082 allowed the EPA Regional Administrator to ``extend the
implementation date for control equipment at a facility, on a case by
case basis * * *,'' In the preamble to the final rule (see 59 FR 62919,
December 6, 1994, and the amendments to the rule published November 25,
1996, (see 61 FR 59938), the EPA stated its intent to include the
provision to allow the Regional Administrator to extend the
implementation date in situations beyond the owner or operators's
control, and that this extension would be available only in
``situations such as delays in State permit processing.'' The Agency
went even further in placing constraints on these limited conditions by
identifying situations associated with permit processing where the
allowance would not apply (see 59 FR 62919). It is clear from the
literal reading of the provision that the EPA fully intends that the
Regional Administrator's extension of an implementation schedule is
only allowable for a capital project implemented by a facility owner or
operator to comply with the subpart CC air emission control
requirements. It is also clear that the Agency does not intend that
this Regional Administrator allowance for implementation schedule
extensions apply to anything other than the installation of air
emission control equipment. Today's action re-designates this provision
as paragraph 265.1082(d) to allow the regulatory amendment described
above in this section of today's preamble to be codified as subsection
(c); however, the provision for Regional Administrator extensions of
the final rule compliance date is not changed.
C. Standards: General
Today's amendments are further clarifying that the subpart CC RCRA
air rules apply only to units managing a hazardous waste; to this
effect, the EPA is adding the word ``hazardous'' in front of the word
``waste'' in Secs. 264.1082(b) and 265.1083(b). This point has been
made by the EPA throughout the proposal and promulgation of the subpart
CC rules (see 59 FR 62896, December 6, 1994, and 61 FR 4906, February
9, 1996); however, there have remained some questions and uncertainties
regarding applicability of the rules to non-hazardous wastes. The
changes being made today are intended to provide additional emphasis
that only hazardous wastes are subject to the subpart CC controls.
Paragraph 265.1083(c)(2)(i) is revised to correct a typographical
error in the symbol for the exit concentration limit; the symbol should
be C subscript t ``(Ct).''
In addition, Secs. 264.1082(c)(3) and 265.1083(c)(3) have been
revised to add as an exempt unit a surface impoundment used for
biological treatment of hazardous waste in accordance with subpart CC
requirements. The EPA intended to exempt surface impoundments used for
biological treatment from the subpart CC control requirements. The
preamble to the final rule in Section VII(A)(5) (59 FR 62917, December
6, 1994) clearly states ``* * * air emission controls are not required
for a surface impoundment in which biological treatment of a hazardous
waste is performed under the same conditions specified in the rule for
tanks.'' However, surface impoundments performing biological treatment
were inadvertently left out of the biological treatment unit exemption
in the November 25, 1996, final rule amendments (61 FR 59954).
The EPA has received a number of inquiries asking for
interpretations of the provision of the subpart CC rules which states
that wastes that meet applicable Land Disposal Restriction (LDR)
treatment standards for organic hazardous constituents are exempt from
the subpart CC air emission standards. Section 264.1082(c)(4) exempts
from the RCRA subpart CC air emission standards:
``A tank, surface impoundment, or container for which all hazardous
wastes placed in the unit * * *
``(i) Meets the numerical concentration limits for organic
hazardous constituents, applicable to the hazardous waste, as specified
in 40 CFR part 268--Land Disposal Restrictions under Table ``Treatment
Standards for Hazardous Waste'' in 40 CFR 268. 40 * * *''
A parallel exemption for interim status facilities is found at
Sec. 265.1083(c)(4). Under these provisions, tanks, surface
impoundments, and containers receiving hazardous wastes that meet the
concentration limits for organics applicable to the waste under the
generally-applicable treatment standards of the LDR program are not
subject to the subpart CC air emission control regulations. See 61 FR
59941 in the preamble and 59954 in the rule (Nov. 25, 1996).
A number of members of the regulated industry (including the
Environmental Technology Council, Chemical Waste Management, and the
Chemical Manufacturers Association) have inquired as to how this
provision applies to situations where the wastes in question are not
yet prohibited from land disposal or consist of mixtures of different
hazardous wastes. This preamble answers those questions. Copies of
correspondence between EPA and these entities have been placed in the
public docket for the rule.
The key phrase in the above exemption is what treatment standards
are ``applicable to the waste.'' EPA interprets this phrase expansively
to include the treatment standard for organics that would apply to the
waste whether or not the waste is currently prohibited, so that the
exemption may apply to wastes not yet required to be treated for
organics as a precondition to land disposal. Under this interpretation,
hazardous wastes could be exempt from subpart CC regulation if they
meet the treatment standards for organics that would ultimately be
required as a precondition to land disposal. This is a reasonable
construction of the rule's language (the phrase ``applicable to the
waste'' is ambiguous as to its precise scope), and is supported by the
preamble to the rule (which says that the exemption can apply to wastes
that are not prohibited, see 61 FR 59941). In addition, this reading is
consistent with the exemption's underlying principle: if hazardous
wastes meet generally-applicable LDR treatment standards for organics,
their concentrations of organics are in virtually every case going to
be less than warrants control under the subpart CC rules (i.e.,
volatile organic concentrations will be less than 500 ppmw).
The EPA recognizes that it could interpret the language to apply
only to hazardous wastes that are prohibited and actually subject to a
treatment standard for organics. This more restrictive interpretation
does not seem desirable because hazardous wastes which actually meet
treatment standards for organics are likely to have been treated to
remove or destroy the organics and thus not warrant regulation under
subpart CC. On the other hand, it is EPA's further interpretation that
this exemption does not apply to hazardous
[[Page 64644]]
wastes for which there would be no treatment standards for organics,
namely wastes that are listed solely because of inorganic content.
There is no potentially ``applicable'' organic treatment standard for
such wastes, and the exemption thus does not apply. In addition, such
wastes would not likely be treated for organic constituents; so in the
event they contain higher concentrations of organics, this particular
LDR exemption should not apply. Such wastes may, however, be exempt
from the subpart CC rules because they contain less than 500 ppmw
volatile organics at the point of waste origination (40 CFR
264.1082(c)(1)).
The following principles set out how the EPA interprets the rule
for this subpart CC exemption in specific situations:
1. Listed Waste
(A) If the waste is already subject to an LDR treatment standard
for organics (for example, the organic spent solvent listed as F001),
the waste is not subject to subpart CC if it meets the treatment
standards for organic hazardous constituents in that waste (e.g. the
treatment standards for organics in F001 set out in Sec. 268.40);
(B) If the waste is newly listed so that no treatment standard
under Sec. 268.40 has yet been established, determine if the waste was
listed for organic constituents in Part 261 Appendix VII and if so, if
the waste meets the Universal Treatment Standards (UTS) for those
constituents (set out in Sec. 268.40) then the waste is exempt from
subpart CC. The EPA considers the UTS to be ``applicable'' because it
is clear that this is the standard which will apply when the waste is
prohibited;
(C) If the waste is listed only because it contains inorganic
constituents (e.g. electroplating wastewater treatment sludge (F006)),
then it is not eligible for the LDR exemption at Sec. 264.1082(c)(4)
but could be exempt for other reasons, such as containing less than 500
ppmw volatile organics at the point of waste origination. This is true
whether or not the waste is already a prohibited hazardous waste, or is
newly listed.
2. Mixtures of Listed Wastes
The same principles as presented above apply when mixtures of
listed wastes are involved:
(A) If the mixture contains listed wastes for which there are
organic concentration limits in Sec. 268.40 and newly listed wastes
listed (in Appendix VII of Part 261) for organic hazardous
constituents, the waste would be exempt from subpart CC if it meets the
treatment standards in Sec. 268.40 and the treatment standards to which
the newly listed waste will be subject. Thus, to be exempt under
Sec. 264.1082(c)(4), a mixture of F001 wastes and FXXX (a hypothetical
newly listed waste listed for presence of benzene) would have to meet
the treatment standards for the organic hazardous constituents set out
in Sec. 268.40 for F001 plus UTS for benzene;
(B) If the mixture contains listed wastes for which there are
organic concentration limits in Sec. 268.40 and listed wastes with
treatment standards only for inorganic constituents (or which is newly
listed, and is listed only due to presence of inorganic hazardous
constituents), the waste mixture would be eligible for the
Sec. 264.1082(c)(4) variance if it meets the organic concentration
limits in Sec. 268.40. Thus, a mixture of F001 and F006 wastes would be
exempt from subpart CC if it meets the treatment standard for F001
organic hazardous constituents;
(C) If the mixture consists of listed wastes which are exclusively
subject to, or are listed for, inorganic hazardous constituents, the
mixture is not eligible for the Sec. 264.1082(c)(4) exemption.
Finally, part of the ``applicable'' LDR standard for listed wastes
is that the standard not be achieved by impermissible dilution (as set
out in Sec. 268.3 and several EPA interpretations, such as in 60 FR
11706-11708 (March 2, 1995)). Impermissible dilution could involve not
only mixing an agent to the waste to increase volume without
contributing to the treatment process, but also allowing volatilization
from the waste without capture and destruction of the organic
emissions. 52 FR at 25779 (July 8, 1987); Chemical Waste Management v.
EPA, 976 F. 2d 2, 17 (D.C. Cir. 1992). In essence, this means that the
LDR standards need to be achieved by treatment that destroys or removes
the organic hazardous constituent (or the wastes may meet the treatment
standard as generated). See 60 FR 11708. The subpart CC rules likewise
contain provisions prohibiting dilution as a means of making a waste
eligible for an exemption from the rule (see, e.g.,
Sec. 265.1083(c)(2)(vi)). Thus, to be eligible for this exemption from
the subpart CC standards, listed wastes must either meet treatment
standards for organics by treatment which destroys or removes hazardous
organic constituents, or the wastes must meet those standards as
generated.
3. Characteristic Wastes
The first principle to bear in mind regarding characteristic
hazardous wastes is that the subpart CC rule no longer applies once
these wastes are decharacterized, i.e., no longer exhibit a
characteristic of hazardous waste. This is because the subpart CC rules
only apply to wastes that are identified or listed as hazardous. See,
e.g., Sec. 265.1080(a). Also, since the rules do not prohibit any
method which removes a hazardous characteristic, dilution can be used
for this purpose; see Sec. 261.3(d)(1). Thus, in the discussion that
follows, it must be understood that all references to characteristic
hazardous wastes are to wastes which continue to exhibit a
characteristic.
Characteristic wastes can be identified because of the presence of
organic hazardous constituents, but also can contain organic
``underlying hazardous constituents''--hazardous constituents present
at levels exceeding the Universal Treatment Standards but which do not
cause the waste to exhibit a characteristic; see Sec. 268.2(i). Such
hazardous constituents typically must be treated to meet UTS before a
characteristic waste is land disposed (see Chemical Waste Management v.
EPA, 976 F. 2d 2, 16-18), and so UTS can be considered to be an
applicable standard for purposes of the subpart CC exemption under
discussion in this preamble.
Principles applicable to specific situations involving
characteristic hazardous wastes are therefore:
(A) Since subpart CC controls do not apply to nonhazardous wastes,
these standards do not apply as the result of managing decharacterized
wastes.
(B) If the waste exhibits ignitability, corrosivity, or reactivity
(or is a mixture which exhibits one or more of these characteristics),
then the waste is exempt from subpart CC if it meets treatment
standards for any of the organic underlying hazardous constituents
which are present (and the waste is no longer subject to subpart CC if
it no longer exhibits a characteristic, whether or not treatment
standards for underlying hazardous constituents are achieved). In this
example, these characteristic wastes are prohibited and subject to the
requirement to treat for underlying hazardous constituents, so that
these standards clearly are applicable;
(C) If the waste or waste mixture exhibits a characteristic for an
organic hazardous constituent (so-called Toxicity Characteristic (TC)
organic wastes), then the waste must meet the treatment standard for
that constituent plus UTS for any organic underlying hazardous
constituent. These are the current requirements set out in Part 268 for
the waste and so are clearly applicable;
[[Page 64645]]
(D) If the waste or waste mixture exhibits a characteristic for a
metal, the waste would be exempt from subpart CC if it meets UTS for
any organic underlying hazardous constituent which may be present. This
result comes from the Chemical Waste Management opinion cited above
(although the EPA has not yet amended the Part 268 rules to reflect the
court's holding with respect to these wastes), and so can be viewed as
applicable standards for purposes of the subpart CC exemption.
4. Examples
A number of examples that illustrate the EPA intent and
interpretation of the subpart CC LDR exemption are summarized below.
1. F001 + F006. Listed organic plus listed inorganic. Meet
treatment standards for organics in F001;
2. F001 + D018. Listed organic plus organic TC. Meet treatment
standards for F001, treatment standards for benzene, and treatment
standards for any organic underlying hazardous constituent in the D018
waste (or eliminate the D018 characteristic before the waste is managed
in a tank, container or surface impoundment, in which case only the
treatment standards for F001 waste would have to be satisfied for the
exemption to apply);
3. F001 + D008. Listed organic plus TC metal. Meet treatment
standards for F001 plus treatment standards for any organic underlying
hazardous constituents which may be present in the D008 waste (or
eliminate the D008 characteristic before the waste is managed in a
tank, container or surface impoundment, leaving the F001 standard as
the applicable treatment standard);
4. F006 + D018 + D008. Listed inorganic, TC organic, TC inorganic.
Meet treatment standard for benzene and for organic underlying
hazardous constituents in D018 and D008 wastes;
5. F006. Ineligible for Sec. 264.1082(c)(4) exemption.
There have also been questions regarding whether this LDR exemption
applies to mixtures that would meet the organic constituent
concentration limits specified for the hazardous wastes in the mixture
but for the contribution of organic constituents from the
decharacterized wastes in the mixture. The EPA interprets the rule so
that the LDR exemption does not apply in these circumstances. First,
the language of the rule refers to ``all hazardous waste placed in the
unit'' having to meet the treatment standard, which logically means
meeting the standard at the point the hazardous waste is placed in the
unit. Second, it is reasonable to look at the point of mixing as a new
point of waste origination in keeping with the overall thrust of the
provision to reserve the exemption for wastes which actually are
treated. See 54 FR at 26633 (June 23, 1989) where the EPA noted a
similar view in the LDR context. The EPA also notes that this
interpretation is consistent with other provisions of the rule where
the Agency has indicated expressly that organic removal is to be
evaluated in the context of each individual waste stream entering a
treatment process. See section Sec. 265.1083(c)(2)(v)(C).
The last issue addressed on this topic in today's preamble concerns
the relationship of this exemption and treatment variances under the
LDR program. The EPA notes that the exemption from subpart CC standards
applies only to hazardous wastes that have been treated to meet the
treatment standards set out in 40 CFR 268.40. This language excludes
alternative standards which are established as part of the treatment
variance process, which alternative standards are codified in 40 CFR
268.44. This distinction is intentional. As the EPA recently noted in
the rulemaking amending the treatment variance standards, it is
possible that a treatment variance may result in a standard which does
not fully remove volatile organics to the extent contemplated in
creating the subpart CC exemption. For this reason, the EPA has
indicated explicitly that such wastes may remain subject to the subpart
CC rules. The EPA reiterates that approach here.
The EPA is today amending the treatment demonstration provision for
valuing waste analysis results below the limit of detection for an
analytical method. In response to comments, EPA is today revising
paragraphs (A) and (B) of Sec. 264.1082(c)(2)(ix) and
Sec. 265.1083(c)(2)(ix). The change to paragraph (A) is being made in
recognition that a relatively high blank value for Method 25D does not
necessarily indicate that a waste stream has failed to meet the
treatment demonstration requirements of Sec. 265.1083(c)(2)(i) through
(vi). The blank value required in paragraph 4.4 of EPA Reference Method
25D (codified in appendix A to 40 CFR part 60) is an indication of the
organics contained in the Polyethylene Glycol, not the organics in the
waste. For a Method 25D analytical result, the method instructs the
operator to report the value of the instrument results minus the blank
value. In a circumstance that the instrument results are higher than
the blank value, the reported Method 25D result would not be non-
detect, but rather, would be a numerical concentration value. In
circumstances that the instrument results are equal to the blank value,
the reported result would be non-detect. In the circumstance resulting
in a non-detect, the Agency does not consider it appropriate to require
the facility owner or operator to compare the treatment results of
paragraphs (c)(2)(i) through (vi) in Sec. 264.1082 and Sec. 265.1083 to
one-half of the blank value, as was required by the regulatory
requirement being revised today. Therefore, the Agency is adding a
provision that allows the facility owner or operator to substitute a
value of 25 ppmw for a non-detect Method 25D result, if one-half the
Method 25D blank value is more than 25 ppmw. The Agency has selected
the value of 25 ppmw because it represents 95 percent reduction of
organics in a waste stream of 500 ppmw, the required percent reduction
for a waste stream with a VO concentration equal to the action level
for the subpart CC standards.
No default value similar to the 25 ppmw value described here is
included in the provisions for non-detect results in waste
determinations performed to determine whether the hazardous waste is
below 500 ppmw at its point of waste origination. See 265.1084(a)(3).
Such a provision is necessary in situations where an owner or operator
is attempting to demonstrate a process has achieved 95 percent
reduction of organics, because the concentration of the stream exiting
the process unit may need to be demonstrated to be as low as 25 ppmw.
Such is not the case with waste determinations performed to demonstrate
that the hazardous waste stream is below the subpart CC action level of
500 ppmw, where the waste determination need only demonstrate that the
waste is below 500 ppmw. The valuing of non-detects for waste
determinations performed at the point of waste origination is discussed
further in the following section of this preamble.
The EPA is revising paragraph (B) of Sec. 264.1082(c)(2)(ix) and
Sec. 265.1083(c)(2)(ix) to clarify the Agency's intent that the level
of detection for an analytical method other than method 25D is the sum
of the limits of detection for each of the regulated compounds in the
waste sample. As previously written, the provision did not clearly
indicate that for purposes of this subpart, only the detection limits
for organic compounds with Henry's Law greater than or equal to 0.1 Y/X
are required to be summed, to establish the limit of detection for an
analytical method.
[[Page 64646]]
The EPA is also adding a reference to organic hazardous
constituents in paragraph (c)(4)(ii) of Sec. 264.1082 (which applies
when the LDR standard is a designated method of treatment), to make
clear that this provision requires treatment of organics. With this
revision, Sec. 264.1082(c)(4)(ii) now conforms to
Sec. 264.1082(c)(4)(i). A conforming change is being made to the
requirement for interim status facilities, at Sec. 265.1083(c)(4)(ii).
D. Waste Determination Procedures
Paragraphs in Sec. 264.1083(a)(2) and Sec. 265.1084(a)(2) are
revised by changing ``The average VO concentration of a hazardous waste
at the point of waste origination may be determined * * *'' to read as
follows: ``For a waste determination that is required by paragraph
(a)(1) of this section, the average VO concentration of a hazardous
waste at the point of waste origination may be determined * * *'' This
waste determination requirement was explained in Section VII.A.3, Waste
Determination Procedures, of the preamble to the final rule (59 FR
62915, December 6, 1994) as follows: ``A determination of the volatile
organic concentration of a hazardous waste is required by the subpart
CC standards only when a hazardous waste is placed in a tank, surface
impoundment, or container subject to the rule that does not use air
emission controls in accordance with the requirements of the rule. A
TSDF owner or operator is not required to determine the volatile
organic concentration of the waste if it is placed in a tank, surface
impoundment, or container using the required air emission controls.''
Consistent with this statement, the EPA is slightly revising the
current rule to make clear that the average VO concentration
determination is required only for hazardous waste placed in a unit not
using subpart CC air emission controls and not otherwise exempt from
using subpart CC air emission controls.
Today's action also revises Sec. 265.1084(a)(3)(ii)(B) to clarify
the EPA's intent regarding the number of samples required for a waste
determination. The amended paragraph states (as did the published rule
language at Sec. 265.1084(a)(5)(iv)(A) (see 59 FR 62939, December 6,
1994)), that the average of four or more sample results constitutes a
waste determination for the waste stream. This amended paragraph
further clarifies that one or more waste determinations may be needed
to represent the average VO concentration over the complete range of
waste compositions and quantities that occur during the entire
averaging period (due to normal variations in the operating conditions
for the source or process generating the hazardous waste stream).
Therefore, to determine the average VO concentration of a waste stream
generated by a process with large seasonal variations in waste
quantity, or fluctuations in ambient temperature, several waste
determinations (of four or more samples each) will be required.
The affected public has been fully informed of the EPA's intent
regarding the fact that four samples constitute a waste determination,
and that one or more waste determinations may be needed to characterize
the waste stream's VO concentration over the averaging period. To
inform the public of the technical requirements and compliance options
in the amended subpart CC RCRA air rules, the EPA conducted a series of
six seminars during August and September of 1995 and an additional six
seminars during August through November of 1996. During these seminars,
the EPA presented a thorough discussion of the details associated with
making a waste determination. (Refer to EPA RCRA Docket No. F-95-CE3A-
FFFFF, Item No. F-95-CE3A-S0017 and Docket No. F-96-CE3A-FFFFF.)
In another clarifying revision, in each citation of Method 8260(B)
and Method 8270(C) in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846, the reference to
version (B) or (C) is being deleted by today's action. The citations
that are being revised were added by the November 25, 1996, final rule
amendments (61 FR 59932) to the following paragraphs of Sec. 265.1084:
(a)(3)(iii), (a)(3)(iii)(F), (a)(3)(iii)(G), (b)(3)(iii),
(b)(3)(iii)(F), and (b)(3)(iii)(G).
It was the EPA's intent that the current version of each of these
methods, as applicable to the waste being measured, be used in making a
waste determination, not necessarily the specific versions cited. At
the time the November 25, 1996 amendments were published, the versions
8260(B) and 8270(C) were only proposed methods; the published versions
were 8260(A) and 8270(B). Specifying these particular versions was an
inadvertent error, which is being corrected by today's action. As was
stated in Section IV.F, Waste Determination Procedures, of the preamble
to the final rule amendments (61 FR 59942, November 25, 1996), after
extensive review, the EPA decided that as alternatives to using Method
25D for direct measurement of VO concentration in a hazardous waste for
the subpart CC RCRA air rules, it was appropriate to add Methods 624,
625, 1624, and 1625 (all contained in 40 CFR part 136, appendix A) and
Methods 8260(B) and 8270(C) (both in ``Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods'' in EPA publication SW-846)
when these methods are used under certain specified conditions. It was
noted that for each of these methods, there is a published list of
chemical compounds which the EPA considers the method appropriate to
measure. The owner or operator may only use these methods to measure
compounds that are contained on the list associated with that method,
unless specified validation procedures are also performed. It was
further noted that for the purpose of a waste determination, the owner
or operator must evaluate the mass of all VO compounds in a waste that
have Henry's Law value above the 0.1 Y/X value. Therefore, it is the
EPA's position that the owner or operator is responsible for
determining that the analytical method being used for a waste
determination is sufficient to evaluate all of the applicable organic
compounds that are contained in the waste.
(Note: Today's action includes a revised list of known compounds
with a Henry's Law value less than or equal to 0.1 Y/X, contained in
appendix VI of subpart 265; the revisions correct typographical
errors, and format the list to be alphabetical.)
Also in today's action, a printing error that placed
Sec. 265.1084(a)(3)(iii)(A) at the end of Sec. 265.1084(a)(3)(iii) has
been corrected. In addition, in the November 25, 1996 final rule
amendments, because of a typographical error in
Sec. 265.1084(a)(3)(iii)(G), the words ``introduction and analysis''
were omitted from the sample handling steps for which site-specific
procedures must be documented in the quality assurance program to
minimize the loss of compounds due to volatilization, biodegradation,
reaction, or sorption. Today's amendments revise
Sec. 265.1084(a)(3)(iii)(G) to read as follows: ``Documentation of site
specific procedures to minimize the loss of compounds due to
volatilization, biodegradation, reaction, or sorption during the sample
collection, storage, preparation, introduction, and analysis steps.''
Several commenters have stated that the subpart CC provisions for
treatment of non-detect values in the analysis of treated waste
samples, contained in Secs. 264.1082(c)(ix) and 265.1083(c)(2)(ix),
should also apply to waste determinations at the point of waste
origination, for purposes of determining compliance with the 500 ppmw
VO concentration action level of the standards. Commenters requested
[[Page 64647]]
this application of the non-detect policy to waste determinations
because a waste determination consists of the average of four or more
samples, and some of the samples analyzed may yield results that are
below the analytical method's limit of detection. The commenters'
concern is the same rationale that led EPA to amend the provisions at
sections 264.1082 and 265.1083 in the November 25, 1996 final rule
amendments; without such a provision, the owner or operator does not
have a way to assign a numeric value for a non-detect reading, when
computing the average of four or more waste samples to calculate a
waste determination. The same logic applies to both circumstances, and
it was obviously an oversight that EPA did not include this provision
in the November 25, 1996 final rule amendments. Thus, the EPA is today
adding to the waste determination provisions at
Sec. 265.1084(a)(3)(iv), a provision for valuing non-detect analytical
results. The new rule language provides the appropriate guidance on the
valuing of non-detects in the calculation of the average of four or
more samples for a waste determination.
(Note: A corresponding amendment is not required at
Sec. 265.1084(b)(3)(iv) for treated hazardous waste because those
rules, specifically Sec. 264.1082(c)(2)(ix) and
Sec. 265.1083(c)(2)(ix), contain provisions for valuing non-detects
when determining performance of an organic destruction or removal
process.)
The EPA today is also amending regulatory language to reflect a
clarification that was addressed in the November 25, 1996 rulemaking
preamble (61 FR at 59943), but was inadvertently omitted from the
regulatory text. This amendment adds two new paragraphs to the waste
determination provisions, Sec. 265.1084 (a)(3)(v) and (b)(3)(v), to
state that EPA would determine compliance with the subpart CC
regulations based on the same test method used by the facility owner or
operator, provided the owner or operator had used a test method
appropriate for the waste. The appropriateness of an analytical method
is described in paragraphs Sec. 265 (a)(3)(iii) and (b)(3)(iii),
respectively. The November 25, 1995 preamble to the final rule
amendments (61 FR 59943) stated that, ``* * * as long as one of the
allowable test methods is being used for direct measurement of the VO
concentration of a hazardous waste, the EPA would only enforce against
the facility on that basis (i.e., using the same test method), unless
the method used is not appropriate for the hazardous waste managed in
the unit.'' Today's amendments add a paragraph to the analysis section
of the final rule's waste determination procedures at Sec. 265.1084 (a)
and (b) to codify this intended provision.
As published in the November 25, 1996 final rule amendments (61 FR
59975), paragraph 265.1084(a)(4)(iv) provides that the results of a
direct measurement of average VO concentration shall be used to resolve
a disagreement between the Regional Administrator and the owner or
operator regarding a determination of the average VO concentration of a
hazardous waste stream using knowledge. To clarify that in such cases
where there is disagreement regarding use of knowledge, the owner or
operator has the discretion to choose an appropriate test method or
methods, the following sentence has been added to
Sec. 265.1084(a)(4)(iv): ``The owner or operator may choose one or more
appropriate methods to analyze each collected sample in accordance with
the requirements of paragraph (a)(3)(iii) of this section.''
The EPA is also clarifying the waste determination requirements for
treated wastes. Prior to today's amendment, the subpart CC regulatory
text required analysis of all treated waste. As explained below, a
waste determination is unnecessary for a waste treated by either a
boiler or industrial furnace (BIF) operated in accordance with subpart
H to 40 CFR part 266, or a hazardous waste incinerator operated in
accordance with subpart O to 40 CFR parts 264 or 265; the EPA is
amending the rule to clarify this. Today's action revises paragraph
(b)(1) of Secs. 264.1083 and 265.1084 to require that the owner or
operator perform the applicable waste determination for each treated
hazardous waste placed in a waste management unit exempted under the
provisions of paragraphs (c)(2)(i) through (c)(2)(vi) of Secs. 264.1082
and 265.1083, respectively. Those specific paragraphs are cited in
today's amended rule language to clarify that a waste determination is
only required for a hazardous waste placed in a waste management unit
exempted under one of the treatment demonstration options that is a
performance standard, as opposed to an equipment specification
standard. As was noted in Section VII.A.2.b, Treated Hazardous Waste,
of the final rule preamble (59 FR 62914, December 6, 1994), provisions
for hazardous waste treatment are specified in the subpart CC standards
for the following processes: (1) An organic destruction, biological
degradation, or organic removal process that reduces the organic
content of the hazardous waste and is designed and operated in
accordance with certain conditions specified in the rule; (2) a
hazardous waste incinerator that is designed and operated in accordance
with the requirements of 40 CFR part 264 subpart O or 40 CFR part 265
subpart O; or (3) a BIF that is subject to the requirements of 40 CFR
part 266 subpart H.
Under today's amendments to the rule, the EPA is clarifying its
original intent, that a waste determination is required only for a
treated hazardous waste placed in a waste management unit, if the unit
is exempt from air emission control requirements under provisions
contained in paragraphs (c)(2)(i) through (c)(2)(vi) of Secs. 264.1082
and 265.1083. The EPA requires waste demonstrations for those treatment
demonstration options to ensure that the treatment conditions specified
in subpart CC have been met. As explained in the December 1994 final
rule preamble (59 FR at 62914, December 6, 1994), the waste
demonstration results are required to indicate that a sufficient mass
of organic constituents have been removed or destroyed from a regulated
waste stream, prior to it being placed in a hazardous waste management
unit that is not equipped with air emission controls. The treatment
demonstration options listed in paragraphs (c)(2)(i) through (viii) of
Secs. 264.1082 and 265.1083 are based on the treatment process
achieving a 95% reduction by weight of organic constituents in the
waste. For the provisions of (c)(2)(i) through (c)(2)(vi) of
Secs. 264.1082 and 265.1083, the treatment process is not specified in
the regulation; rather the requirement is based on the removal
efficiency of the treatment process. Thus, to demonstrate compliance,
EPA considers it necessary that the owner or operator perform waste
determinations to demonstrate the appropriate removal efficiency has
been achieved. However, the treatment demonstration provisions of
paragraph (c)(2)(vii) in Secs. 264.1082 and 265.1083 require that the
hazardous waste be treated in an incinerator that is designed and
operated in accordance with the requirements of subpart O in 40 CFR
part 264 or part 265; and the treatment demonstration provisions of
paragraph (c)(2)(viii) in Secs. 264.1082 and 265.1083 require that the
hazardous waste be treated in a BIF that is designed and operated in
accordance with the requirements of 40 CFR part 266, subpart H. The EPA
considers compliance with those combustion standards to be sufficient
demonstration that the organics in the waste will be destroyed by 95
percent or more, by weight, and does not consider a waste
[[Page 64648]]
determination necessary. The EPA has consistently given verbal guidance
that waste determinations are not required for waste treated in the
above-mentioned specific units, and is today making an amendment to the
regulatory text to make the regulatory requirements consistent with
this guidance.
In a further clarification, the EPA intended that the owner or
operator use the same test method to determine the average VO
concentration at the point of waste treatment as is used at the point
of waste origination, if these values are to be used to determine the
effectiveness of a treatment system. As was stated in Section IV.F,
Waste Determination Procedures, of the preamble to the final rule
amendments (61 FR 59942, November 25, 1996), ``The main point that must
be reemphasized regarding direct measurement of VO concentration is
that, although the EPA is amending the rule to allow various test
methods other than Method 25D to be used in a waste determination, the
owner or operator must use a test method(s) that is appropriate for the
compounds contained in the waste. The method(s) used for the waste
determination must be suitable for and must reflect or account for all
compounds in the waste with a Henry's Law constant equal to or greater
than 0.1 Y/X at 25 degrees Celsius.''
Since the effectiveness of a waste treatment process must be judged
on the basis of the process's capacity to reduce the organics in waste
relative to their concentration at the point of waste origination or at
the point of entry to the treatment system, the method(s) used for the
waste determination at the point of waste treatment must be appropriate
to detect and measure the compounds in the waste at the point of waste
origination; to put the measurements on a common basis and provide an
accurate comparison, the EPA considers it necessary that the method(s)
used at the point of waste origination must be the same as the
method(s) used at the point of waste treatment. To clarify this
requirement, which the EPA has heretofore considered implicit, the
following sentence is being added to Sec. 265.1084(b)(3)(iii): ``When
the owner or operator is making a waste determination for a treated
hazardous waste that is to be compared to an average VO concentration
at the point of waste origination or the point of waste entry to the
treatment system, to determine if the conditions of
Sec. 264.1082(c)(2)(i) through (c)(2)(vi) or Sec. 265.1083(c)(2)(i)
through (c)(2)(vi) are met, then the waste samples shall be prepared
and analyzed using the same method(s) as were used in making the
initial waste determination(s) at the point of waste origination or at
the point of entry to the treatment system.'' (Only the waste
determination provisions in part 265 are being revised in connection
with this rule clarification and the following rule clarification,
because the subpart CC waste determination protocols are contained in
part 265, and the part 264 standards cross-reference part 265.)
Because of a printing error, the equations for calculating the
actual organic mass removal rate in Sec. 265.1084(b)(8)(iii) and for
calculating the actual organic mass biodegradation rate in
Sec. 265.1084(b)(9)(iv) were out of place in the November 25, 1996
amendments (61 FR 59978). This document corrects the placement of these
equations.
In a further clarification to the waste determination procedures of
subpart CC, paragraph 265.1084(d)(5)(ii) required that a mixture of
methane in air at a concentration of approximately, but less than,
10,000 ppmw be used to calibrate the detection instrument used to
determine no detectable organic emissions. It was the EPA's intent that
the calibration procedure be consistent with the procedure specified in
the subpart BB equipment leak test methods and procedures at
Secs. 264.1063 and 265.1063, as they reference the same monitoring
procedure. Paragraph (b)(4)(ii) of Secs. 264.1063 and 265.1063
specifies that calibration gases for the detection instrument shall be,
``A mixture of methane or n-hexane and air at a concentration of
approximately, but less than 10,000 ppm methane or n-hexane. Consistent
with this requirement, today's action revises the requirement for
calibration gases in parts 264 and 265 to provide the owner or operator
the choice of using a mixture of methane or n-hexane and air.
E. Standards: Tanks
Commenters have questioned whether a facility owner or operator is
permitted to install a closure device on a tank manifold system or
header vent when a series of tanks have their vents (i.e., tank
openings) connected to a common header. In many tanks systems, tank
vents are connected to a manifold or central header, and a closure
device (or pressure/vacuum device such as a conservation vent) is
installed on the header rather than on the individual tanks. Prior to
today's amendment, the subpart CC level 1 tank requirements at
paragraph (2)(2)(iii) in Sec. 264.1084 and Sec. 265.1085 could have
been interpreted to require that each opening on a Level 1 tank fixed
roof must be either equipped with a closure device or connected through
a closed-vent system to a control device, with no allowance for the
closure device or pressure/vacuum device to be installed on the tank
manifold system. The EPA did not intend the regulatory requirement to
disallow a closure device or pressure/vacuum device from being
installed on a tank manifold system. The EPA is aware that such tank
manifold or vent header systems provide a degree of emissions reduction
which is derived from vapor balancing between tanks during unloading
and inter-tank transfers; the EPA clearly did not intend to discourage
their use. The EPA is therefore amending the subpart CC tank standards
to provide that a closure device can be installed on a manifold vent
header for Level 1 tanks, by revising paragraph (c)(2)(iii) in
Sec. 264.1084 and Sec. 265.1085.
In the November 25, 1996 final rule amendments, the EPA promulgated
a provision that allowed a facility to install and operate air emission
control devices on Level 1 tanks. As published, the regulatory language
for that provision inadvertently made it mandatory that these control
devices be operating at all times when hazardous waste is managed in
the tank, even at times of routine maintenance. The EPA is amending the
rules today to clarify that the control device is not required to be
operating during specified periods, including those instances it is
necessary to provide access to the tank for performing routine
inspections, maintenance, or other activities needed for normal
operations. Examples of such activities include those times when a
worker needs to open a port or hatch to maintain or repair equipment.
Paragraph (B) is being revised in Sec. 264.1084(c)(2)(iii) and
Sec. 265.1085(c)(2)(iii) to better convey this intent.
In the amendments to the final rule published on November 25, 1996
(61 FR 59944), the preamble at Section G. Standards: Tanks that
discussed the revisions to the subpart CC tank standards, stated ``* *
* an option is being provided allowing the use of an enclosure vented
through a closed-vent system to an enclosed combustion device or a
control device designed and operated to reduce the total organic
content of the inlet vapor stream by at least 95 percent by weight,''
in order to comply with the tank level 2 air emission control
requirements. However, the latter portion of this statement was
incorrect and the EPA is clarifying that it was the EPA's intent that
only enclosed combustion devices can be used as control devices under
this alternative to comply with the Tank
[[Page 64649]]
Level 2 air emission control requirements. It should also be noted that
the regulation as amended by the November 25,1996 Federal Register
document (at Secs. 264.1084(d)(5) and 265.1085(d)(5)) was correct and
did not contain the statement regarding the use of a (non-combustion)
``control device designed and operated to reduce the total organic
content of the inlet vapor stream by at least 95 percent by weight.''
Since publication of the November 25, 1996 preamble, the EPA has
consistently and repeatedly provided verbal clarification in all forums
where the subject of level 2 tank enclosures has been raised, that the
noted preamble text is incorrect, and that level 2 tanks operated
inside an enclosure must be vented to an enclosed combustion device.
The EPA provided this information publicly at each of the six seminars
EPA conducted in September through December of 1996; additionally, an
industry trade association provided this same clarification at the two
seminars the industry trade group conducted in March and April of 1997
(these seminars are discussed in the Background section of today's
preamble). Additionally, the requirement for enclosed combustion
devices on level 2 tank enclosures was strongly affirmed in the
accompanying printed materials for each of these EPA and industry trade
group seminars; those printed materials were distributed to all seminar
attendees, and to additional members of EPA and the regulated
community, for informational purposes and peer review. Further, the
RCRA Hotline has been clarifying the regulatory text requirement for
enclosed combustion devices to callers who have raised the topic to
Hotline representatives. The requirement for enclosed combustion
devices on level 2 tank enclosures is not being amended by today's
action. However, the EPA is currently considering a future amendment to
this requirement that would allow owners or operators to operate a
Level 2 tank enclosure vented to an alternate control device, provided
they make certain site-specific demonstrations. The reason EPA
currently requires enclosure emissions to be vented to an enclosed
combustion device is because organic concentrations in air within the
enclosure are very dilute, due to the inherent dilution in the
enclosure, and are often less than 100 ppm organics by volume. It is
not clear to the EPA that control devices other than enclosed
combustion devices, can reduce organics in such a dilute vent stream by
the 95 percent control efficiency required the subpart CC standards.
The EPA has agreed to investigate the possibility whereby a facility
could make a case-by-case demonstration of a non-combustion control
device efficiency; the EPA would require the demonstration to show that
a mass of organics would be removed from a given waste, using a
particular enclosure and control device, equivalent to 95 percent
reduction of organics in the tank headspace, if the tank were to be
equipped with a discreet cover. Though such a demonstration would
likely be fairly detailed and costly, commenters have indicated that
they would be interested in pursuing such an option if it were included
in the subpart CC tank enclosure requirements. The EPA considers that
such an equivalency would be consistent with the existing tank
standards; if a technically feasible and verifiable equivalency
demonstration technique can be developed, this could be a reasonable
alternative to the requirement for enclosed combustion devices under
the Level 2 tank enclosure control option. The EPA will continue to
investigate this option, and if a viable approach can be developed,
will publish a future amendment to incorporate it into the subpart CC
Level 2 tank standards.
The EPA has received inquiries as to whether doors are allowed to
be open on level 2 tank enclosures, and how doors are regarded under
the provisions for natural draft openings (NDO) in the ``Procedure T--
Criteria for and Verification of a Permanent or Temporary Total
Enclosure'' under 40 CFR 52.741, appendix B (``Criteria T'')
requirements. The Criteria T evaluation of NDO is intended to evaluate
the effectiveness of the enclosure at capturing emissions from within
the enclosure. Therefore, for purposes of Criteria T, the evaluation of
the enclosure must be conducted on the enclosure as it is operated
during hazardous waste management operations. If the enclosure has a
door that is closed during waste operations, then the open doorway
would not be considered an NDO; however, cracks or openings that exist
around the door when it is closed would be considered NDO. Doors on
enclosures are often very large, to accommodate waste transportation
vehicles; thus, the effectiveness of an enclosure is severely altered
by the positioning of such a door. Obviously, if a door is normally
open during times when hazardous waste is managed in the enclosed tank,
the open doorway would be considered an NDO.
By this clarification, the EPA is not precluding the opening of
enclosure doors. The EPA considers it appropriate to allow enclosure
doors to be open for the same circumstances that tank covers can be
open under paragraph 265.1085(g)(2)(i)(A) and similar paragraphs for
tanks equipped with fixed roofs--when necessary to provide access to
the tank for performing routine inspection, maintenance, or other
activities needed for normal operations. Also commensurate with
paragraph 265.1085(g)(2)(i)(A), following completion of the activity,
the owner or operator should promptly secure the door in the position
it was in during the evaluation of the NDO.
It also warrants clarification that the enclosure door (and other
openings not accounted for as Criteria T NDO) must be closed at all
times that hazardous waste is managed in the enclosed tank (unless the
tank is exempt from subpart CC air emission control requirements), not
just when waste is being treated in the tank. The EPA considers it
inherently obvious within the tank standards that the enclosure around
a tank must be operated in the same manner in which it was evaluated
for the Criteria T requirements. Specifically, paragraphs
Sec. 264.1084(i)(1) and Sec. 265.1085(i)(1) require that the enclosure
be designed and operated in accordance with the Criteria T.
The EPA recognizes that it is not feasible to require all waste
transfer to and from a tank enclosure to be conducted by enclosed
transfer systems. However, the EPA does consider it reasonable to
interpret the provisions of Sec. 264.1084(i)(1) and Sec. 265.1085(i)(1)
to require that the enclosure be operated in the same manner in which
it was evaluated for compliance with Criteria T. Thus, the EPA is
clarifying that enclosure doors and other openings not evaluated as NDO
shall be closed when hazardous waste is managed inside the enclosure,
except when it is necessary to open the door or opening for waste
transfer, equipment access, or worker access.
In the December 6, 1994 final regulation, the regulatory text at
Secs. 264.1084(g) and 265.1085(g) allowed that an owner or operator may
install and operate a safety device on tank covers, closed-vent systems
and control devices. The amendments published on November 25, 1996
amended the tank requirements; in those amendments, the provision for
safety devices was inadvertently omitted from the tank requirements for
floating roof covers. Today's action adds new paragraphs
264.1084(e)(4), 264.1084(f)(4), 265.1085(e)(4), and 265.1085(f)(4)
stating that safety devices are allowed
[[Page 64650]]
on both internal and external floating roof tank covers.
Today's action amends Sec. 264.1084(f)(3)(iii) to correct a
typographical error. The sentence ``Prior to each inspection required
by paragraph (f)(3)(i) or (f)(3)(ii) of this subpart * * *'' is revised
to read as follows, ``Prior to each inspection required by paragraph
(f)(3)(i) or (f)(3)(ii) of this section * * *'' Also, to correct
another typographical error in Sec. 264.1084(f)(3)(i)(D)(4) and
Sec. 265.1085(f)(3)(i)(D)(4), the phrase ``* * * and then dividing the
sum for each seal type by the nominal perimeter of the tank.'' is
revised to read as follows ``* * * and then dividing the sum for each
seal type by the nominal diameter of the tank.''
In the November 25, 1996 final rule amendments (61 FR 59932), an
exemption from the control requirements of subpart CC was added for a
tank, surface impoundment, or container for which all the hazardous
waste placed in the unit meets the Land Disposal Restrictions (LDR) as
specified in Secs. 264.1082(c)(4) and 265.1083(c)(4). However, the EPA
inadvertently failed to add this exemption based on meeting applicable
LDR treatment standards to the exemption from the closed system
transfer requirements. Today's change adds paragraph (iii) under
Secs. 264.1084(j)(2) and 265.1085(j)(2) to correct this oversight. It
was originally the EPA's intent to make this conforming amendment for
closed system transfer requirements in the November 25, 1996 action.
The basic structure of the subpart CC rule is that once a hazardous
waste is subject to the provisions of the rule, all containers, tanks,
and impoundments managing the waste are subject to the rule's
requirements. However, once a waste is treated to destroy or remove
organics in a manner specified in the rule, downstream tanks,
containers, and surface impoundments are not subject to the subpart CC
air requirements to operate the units with covers and/or control
devices.
(Note: Recordkeeping, monitoring, reporting and testing requirements
may apply to those downstream units.) See Section VII.A.2.b, Treated
Hazardous Waste, of the preamble to the final rule (59 FR 62914,
December 6, 1994). The EPA inadvertently failed to codify this core
principle for closed system transfer and is correcting the omission
in today's rule.
F. Standards: Surface Impoundments
Today's action corrects a typographical error in
Secs. 264.1085(b)(2) and 265.1086(b)(2) by revising the phrase ``* * *
paragraph (d) of this sections.'' to read ``* * * paragraph (d) of this
section.'' Also, the EPA is clarifying the requirements of
Secs. 264.1085(d)(1)(iii) and 265.1086(d)(1)(iii) by making a non-
substantive editing change. ``Factors to be considered when selecting
the materials for * * *'' is redrafted to read ``Factors to be
considered when selecting the materials of construction * * *'' To
correct another typographical error in Secs. 264.1085(d)(2)(i)(B) and
Sec. 265.1086(d)(2)(i)(B), ``To remove accumulated sludge or other
residues from the bottom of surface impoundment.'' is revised to read,
``To remove accumulated sludge or other residues from the bottom of the
surface impoundment.''
As is discussed regarding tanks, in Section E of this preamble, the
EPA inadvertently failed to add the exemption for hazardous wastes that
have been treated to meet applicable LDR treatment standards to the
exemption from the closed system transfer requirements for hazardous
waste that is transferred to a surface impoundment. Today's action adds
this exemption to the exemptions from closed system transfer
requirements in Secs. 264.1085(e)(2)(iii) and 265.1086(e)(2)(iii).
G. Standards: Containers
The EPA has received comments from the regulated community
regarding the inspection requirements for containers; these comments
clearly indicate a wide-spread misinterpretation of the rule
requirements relevant to container inspections. Numerous commenters
referenced in their statements to the EPA that the language in
Sec. 264.1086(c)(4)(i) and (d)(4)(i), and the corresponding paragraphs
in 40 CFR part 265, require a visual inspection to occur within 24
hours after acceptance of each regulated container which is transported
to a regulated facility and which contains hazardous waste at the time
it arrives at the facility. They also noted that the requirement for an
inspection to be conducted within a 24-hour time frame is unnecessarily
burdensome in some limited and infrequent situations.
The visual container inspection requirement is intended to provide
means for the facility owner or operator to ensure that the container
has no visible openings or gaps through which organics could be
emitted; see Section IV.I.3 of the preamble, 61 FR 59948, November 25,
1996. The amended container regulations published November 25, 1996,
did not specify the time frame in which the initial visual inspection
must be conducted. The regulation states, ``In the case when * * * the
container is not emptied (i.e., does not meet the conditions for an
empty container as specified in 40 CFR 261.7(b)) within 24 hours after
the container is accepted at the facility, the owner or operator shall
visually inspect the container * * *'' The 24-hour period in the rule
language refers to the time limit on emptying the container that
triggers the visual inspection; the rule language in
Sec. 265.1087(c)(4)(i) and (d)(4)(i), and the corresponding paragraphs
in 40 CFR part 265, as published in November 1996, do not specify the
time frame in which the visual inspections must be conducted. However,
it is the intent of the EPA that the initial inspection be subject to
the same time requirements as were set out in the December 6, 1994,
final regulation (see 40 CFR 265.1089(f)(1) of the December 6, 1994
published regulation (at 59 FR 62947)). Specifically, the container
inspection must be conducted on or before the date that the container
is initially subject to the subpart CC container standards. Thus, for a
container with hazardous waste that is transported to a regulated
facility, the inspection of the container is required on or before the
date that the container is accepted at the facility.
In those situations where it would be infeasible to inspect a
container on the date it is accepted at the facility, for the purpose
of compliance with the subpart CC container standards, it would be
acceptable for the container to be inspected prior to that date. For
example, if an owner or operator of an affected facility accepts a
shipment of containers that arrives at the TSDF on a truck, and the
TSDF owner or operator is unable to conduct a visual inspection of the
containers at the time of acceptance of the container shipment, it is
acceptable under the rule to have the generator or transporter perform
the visual inspection of the individual containers before or during
loading of the containers onto the truck for transport to the affected
facility. The transporter or generator could provide the recipient TSDF
with some level of information (e.g., written documentation) to confirm
the inspection has been conducted on or before the date that the
container is accepted at the facility. It is likely that the TSDF owner
or operator would then perform their own visual inspection when
possible, (e.g., at the time that the containers are unloaded from the
truck at the TSDF). The EPA considers the use of generator or
transporter supplied information to comply with the visual inspection
requirements similar to owner or operator use of generator
[[Page 64651]]
information regarding the organic content of a hazardous waste as a
means to comply with the waste determination (i.e., VO concentration
determination) requirements of the rule. It should be noted that in
either case, it is ultimately the responsibility of the owner or
operator of the affected facility to be in compliance with all the
applicable regulatory requirements. The EPA is amending the language in
Sec. 264.1086(c)(4)(i) and (d)(4)(i), and the corresponding paragraphs
in 40 CFR part 265, to clarify that the 24-hour period noted in the
rule refers to the time frame for emptying a container, and that this
24-hour criterion then triggers the need for a visual inspection that
must be conducted on or before the date that the container is accepted
at the facility.
The amendment to Secs. 264.1086 (c)(4)(i) and (d)(4)(i), and the
corresponding language in part 265, also clarify the phrase ``accepted
at the facility.'' For the purposes of this inspection requirement for
containers, the date of acceptance is the date of signature that the
facility owner or operator enters on Item 20 of the Uniform Hazardous
Waste Manifest of the appendix to 40 CFR part 262 (EPA Form 8700-22),
as required under subpart E of this part, at Sec. 264.71 and
Sec. 265.71. The instructions to EPA Form 8700-22 at Item 20, Facility
Owner or Operator: Certification of Receipt of Hazardous Materials
Covered by This Manifest Except as Noted in Item 19, state, ``Print or
type the name of the person accepting the waste on behalf of the owner
or operator of the facility. That person must acknowledge acceptance of
the waste described on the Manifest by signing and entering the date of
receipt.'' The EPA considers acceptance of the waste to occur at the
time of manifest signature. This has been the EPA's consistent
interpretation of this phrase, and is the guidance that EPA has
supplied both verbally and in written seminar materials.
The EPA has received questions regarding when the opening of a
cover or closure device is allowed on containers. Several of these
questions have concerned the opening of the vent on vacuum trucks
during loading operations and the opening of containers vents to allow
venting of vapors for the purpose of worker safety. With regard to
vacuum trucks, the EPA has always intended the subpart CC final rules
to allow containers to vent emissions directly to the atmosphere during
filling operations. This would include use of a vacuum system to fill a
tank truck (i.e., a container under RCRA). Although the December 6,
1994 final rules only allowed the opening through which waste was
transferred to be open during waste transfer, this was inadvertent; the
EPA intended to allow venting during waste transfer operations, either
through the opening through which the waste is transferred, or through
a second opening that would serve as a vent. To this effect, the EPA
amended the subpart CC rules on February 9, 1996 to clarify this point
(see 61 FR 4909). The fact that EPA is not requiring control of vacuum
trucks is also discussed in the document Hazardous Waste Treatment,
Storage, and Disposal Facilities--Background Information for
Promulgated Organic Air Emission Standards for Tanks, Surface
Impoundments, and containers; see EPA-453/R-94-076b, November 1994,
Section 6.6.5. where it is clear that the EPA is fully aware that a
practical means of controlling the exhaust from the vacuum pump on a
vacuum truck has not been demonstrated. The EPA is now reiterating that
these types of systems are allowed under the subpart CC container
rules.
In response to commenters, EPA is providing clarification that
venting of containers for worker safety is also allowed under the
subpart CC container rules. Provision (iii) of Secs. 264.1086(c)(3) and
265.1087(c)(3), which allows opening of a closure device or cover when
access inside is needed, would allow the owner or operator to vent a
container prior to sending a worker into a tanker or other container
for clean-out. This type of venting is necessary to avoid an unsafe
condition when entering a confined space. For example, venting both
before and during the cleaning operations is needed to reduce the
organic vapor concentration below the lower explosive limit (LEL) for
worker safety. In addition, provision (v) of Secs. 264.1086(c)(3) and
265.1087(c)(3), which allows opening of a safety device at any time
clearly shows the EPA intent regarding the implementation measures
necessary to avoid an unsafe condition. The EPA considers that the
current rule language allows this type of venting for maintenance of
worker safety, and is providing this preamble discussion in response to
requests from commenters.
An additional interpretive clarification is required, regarding the
transfer requirements to, from, and among hazardous waste containers,
specifically when transfers occur in conjunction with hazardous waste
stabilization operations.
The first clarification addresses whether the addition of sorbent
materials is considered to be waste stabilization for the purposes of
compliance with subpart CC, and thus, whether such activities are
required to be conducted in containers equipped with level 3 controls.
There has been specific inquiry as to whether the subpart CC level 3
container standards apply in situations where an owner or operator
``transfers'' hazardous waste from one container, such as a bulk
container or roll off box, to a second unit, and adds the sorbent to
the waste after each scoop of waste is placed in the second unit. The
container standards at Sec. 264.1086(b)(2) state that, ``* * * the
owner or operator shall control air pollutant emissions from the
container in accordance with the Container Level 3 standards specified
in paragraph (e) of this section at those times during the waste
stabilization process when the hazardous waste in the container is
exposed to the atmosphere.'' In its definition of waste stabilization
at 40 CFR 265.1081, the EPA has stated that stabilization includes the
elimination of free liquids, but does ``not include the adding of
absorbent materials to the surface of a waste, without mixing,
agitation, or subsequent curing, to absorb free liquid.'' The
associated preamble language clearly defined what activities EPA was
excluding from the waste stabilization definition. See 61 FR at 4905,
February 9, 1996. That preamble discussion stated, ``The EPA is also
amending the term ``waste stabilization'' to specifically exclude the
process of adding non-reactive absorbent material to the surface of a
waste. The EPA recognizes that to meet certain criteria under the Land
Disposal Restrictions, or to prevent the introduction of liquid into
certain combustion devices, owners or operators apply absorbent
material to the surface of wastes just prior to disposal. In such
procedures, the container is opened, absorbent material is placed on
the surface of the waste to absorb a relatively small amount of liquid,
and the container is closed. No mixing or agitation is involved in the
process.''
It is clear from the text of the regulation, as well as the
February 9, 1996 preamble discussion, that addition of absorbent, even
with very limited mixing or agitation, must be performed in compliance
with the container level 3 standards. In fact, this is the literal
meaning of the provision--such ``transfer'' operations result in mixing
of the sorbent material with the waste, a condition that qualifies as
waste stabilization under subpart CC, and requires container level 3
controls. (See also the discussion of the EPA's intentions regarding
requirements for containers in the February 9, 1996
[[Page 64652]]
preamble at 61 FR 4903, which makes clear that a hazardous waste
transfer operation conducted as described above would not satisfy the
EPA's stated intent with regard to the general transfer requirements of
the container standards. Therefore, the type of transfer operation
described above can only occur if the containers meet the container
level 3 requirements. The EPA repeats that this requirement has a sound
environmental basis. Containers would remain open to the environment
during such operations, and the volatile hazardous constituents will be
released. The reaction of the sorbent materials with the hazardous
waste would, in fact, be likely to increase the volatilization of the
organics in the waste, while the container would remain uncovered as
subsequent layers of waste and sorbent were applied. Such a situation
would result in organic emissions that the EPA considers most
appropriately controlled under the container level 3 requirements, and
the rules so require.
The EPA recognizes, however, that there are circumstances where
addition of sorbent is not stabilization and therefore will not trigger
subpart CC container standards. This is why the rule states that
stabilization ``does not include the adding of absorbent materials to
the surface of a waste, without mixing, agitation, or subsequent
curing, to absorb free liquid.'' The chief example EPA has provided of
such an activity is addition of sorbent just prior to the final
disposition of the material (the situation given in the February 9,
1996 preamble discussion). Other examples would involve situations
where tanks are covered immediately after addition of sorbent and stay
covered thereafter.
Examples could occur when sorbent is added to a container at the
end of a work day, or at the final completion of a waste transfer. The
EPA's technical basis for allowing sorbent material to be placed on the
waste surface in these limited situations, we repeat, is that any
potential for volatilization to the atmosphere of the organics in the
waste would be prevented by the immediate application of the container
cover.
A similar issue has come to the attention of EPA, regarding the
container standards at Sec. 264.1086(d)(2) and Sec. 265.1087(d)(2),
which require that transfer of hazardous waste in or out of a container
``* * * be conducted in such a manner as to minimize exposure of the
hazardous waste to the atmosphere, to the extent practical * * *'' This
provision was an amendment to the more extensive transfer requirements
that were promulgated in the December 6, 1994 rule. The November 25,
1996 amendment also revised the tank and surface impoundment transfer
requirements such that only transfer between and among subpart CC-
regulated tanks and surface impoundments are required to be conducted
in an enclosed transfer system. This amendment was made in recognition
that it is often impractical for waste in containers to be transferred
to tanks or surface impoundments through an enclosed system. However,
it is the EPA's intent that transfer of hazardous waste among
containers, and between containers and surface impoundments or tanks,
be conducted in a manner to minimize waste exposure to the atmosphere.
See Sec. 264.1084(j), Sec. 264.1085(e), Sec. 264.1086(d)(2) and
corresponding paragraphs in part 265.
Members of the regulated community have questioned whether it is
possible to evade these less extensive transfer requirements by
including an intervening non-subpart CC unit when performing a transfer
of hazardous waste. Specifically, certain regulated facilities have
discussed transferring waste from a subpart CC-regulated unit (e.g., a
tank or container) to a unit not subject to subpart CC (e.g., the floor
of a containment building), then subsequently transferring the waste to
a second subpart CC-regulated unit. Since the containment building is
not a unit regulated by subpart CC, the subpart CC standards do not
impose transfer requirements to or from containment buildings; thus,
the facilities suggest that the subpart CC transfer requirements would
be met. As noted above, the subpart CC container requirements state
that transfer of hazardous waste to and from a regulated container
shall be conducted in a manner which minimizes the waste's exposure to
the atmosphere, considering practical factors. The EPA considers an
unnecessary and open-air transfer of waste to or from a container,
conducted in whole or in part, to avoid the subpart CC container (or
tank) requirements, to not meet the obvious intent of the container
transfer requirement (e.g., see 264.1086(d)(2)). The EPA is aware of
waste transfer methods that would be more effective in minimizing
exposure of the waste to the atmosphere--the owner or operator is
responsible for conducting waste transfer in such a manner as to
minimize exposure of the hazardous waste to the atmosphere. Rather than
leaving this issue open to interpretation, the EPA will instruct permit
writers to invoke omnibus authority under RCRA section 3005(c)(3) to
assure control of such transfers where necessary to protect human
health and the environment.
There are other aspects of the container standards that also
require some further clarification; one point that needs some
additional explanation is in regard to the Department of Transportation
(DOT) compliance demonstration option for containers. The subpart CC
container standards, as amended November 25, 1996, allow three options
for compliance demonstration, one of which is through compliance with
certain applicable DOT regulations for packaging of hazardous materials
for transportation. Commenters have stated that they consider the
specification in subpart CC, as to which DOT packaging requirements
qualify for that compliance option, to have resulted in an overly
stringent requirement. However, the EPA has clarified that
demonstration of compliance through the use of certain DOT packagings
is only one approach to demonstrating compliance with the container
standards. The regulated industry has indicated to EPA that the vast
majority of hazardous waste that is shipped in DOT transport packagings
meets the requirements for container level 1 standards. Thus, if a
facility owner or operator is using a DOT packaging which is not among
those specified under the subpart CC container standards, the facility
owner or operator must conduct a visual inspection to determine that
there are no visible openings, cracks, etc. in the container. See
Sec. 265.1087(c)(1)(ii). The EPA considers the existing regulatory
language to adequately convey this intent, and is including this
preamble discussion in response to commenters' requests.
The container option to comply with applicable DOT packaging
regulations, described at 40 CFR 265.1087(f) and 264.1086(f), includes
four requirements which must all be met to comply with the subpart CC
compliance demonstration. The regulatory language of that paragraph
clearly indicates (in fact, literally indicates) that compliance with
all four of the subparagraphs at Sec. 265.1087(f)(1) through
Sec. 265.1087(f)(4) is required, since the requirements are not
presented as alternatives. The following paragraphs provide a detailed
description of each of the four requirements found at Sec. 265.1087(f).
The first requirement, found at 40 CFR 265.1087(f)(1), specifies
that the container must meet the applicable requirements specified in
40 CFR part 178 or part 179. It is EPA's intent to require that in
order to comply with 40 CFR part 265.1087(f), a container must
[[Page 64653]]
be subject to 49 CFR part 178 or part 179; it is also the EPA's intent
to require that such a container be in compliance with all the
requirements of 49 CFR parts 178 and 179 that are applicable. (Again,
this is the direct and literal reading of the provision.) In developing
the final rule, the EPA determined that containers subject to and in
compliance with these requirements would achieve the appropriate level
of air emission control; see the preamble discussion at Section IV.I.1,
61 FR 59947, November 25, 1996. The Agency could not make that finding
for containers not subject to these provisions. A container not subject
to 49 CFR part 178 or 179 is thus not eligible to comply with the
subpart CC rule through the requirements of 40 CFR 265.1087 (c)(1)(i)
or (d)(1)(i), nor the corresponding paragraphs in 40 CFR part 264; it
would have to comply with the subpart CC rule through the requirements
of 40 CFR 265.1087 (c)(1)(ii), (c)(1)(iii), (d)(1)(ii) or d(1)(iii), or
the corresponding paragraphs in 40 CFR part 264, as appropriate.
The second requirement within 40 CFR 265.1087(f) for DOT-compliant
containers stipulates that the hazardous waste must be managed in the
DOT container in accordance with all the requirements contained in 49
CFR part 107 subpart B, part 172, part 173, and part 180 that are
applicable to that container and the waste managed in that container.
The EPA listed these regulatory parts because they were characterized
by the industry and by DOT as the parts which describe the requirements
for management of hazardous waste, for the types of containers that are
specified in 49 CFR parts 178 and 179. The reference to 49 CFR part 107
subpart B is included to recognize the exemptions for containers that
have been determined by DOT to be equivalent or superior to those
required within 49 CFR part 178 and 179 standards.
The third and fourth requirements, listed in 40 CFR 265.1087(f)(3)
and (f)(4) and their corresponding paragraphs in 40 CFR part 264, state
that, ``* * * For the purpose of complying with this subpart, no
exceptions to the 40 CFR part 178 and part 179 regulations are allowed
except as provided for in paragraph (f)(4) of this section,'' and ``For
a lab pack that is managed in accordance with the requirements of 40
CFR part 178 for the purpose of complying with this subpart, an owner
or operator may comply with the exceptions for combination packagings
specified in 40 CFR 173.12(b).'' These requirements indicate that the
DOT-authorized container must be in compliance with all applicable
requirements in 49 CFR parts 178 and 179. Paragraph 265.1087(f)(3) of
the subpart CC rule specifically means that for the purposes of the
subpart CC rule provisions, compliance with 49 CFR parts 178 and 179 is
required, and no exceptions to those provisions are allowed (unless the
container were a lab pack, as described in Sec. 265.1087(f)(4)). As
with the earlier provisions discussed above, this is the literal
meaning of the provision. There are many exceptions, both explicit and
implicit, to the 49 CFR part 178 and 179 standards which are contained
in other sections of the DOT standards. The EPA's intent in 40 CFR
265.1087(f)(3) is to disallow any regulatory provision which removes or
alters a requirement contained in 49 CFR parts 178 or 179, regardless
of where that disallowing regulatory provision is codified, or whether
that provision is specifically described as an ``exception.'' For
instance, 49 CFR 173.28(e) states that a non-reusable container may be
reused for certain circumstances; however, the allowance of that
paragraph would not be recognized for compliance with the subpart CC
container standards at 40 CFR 265.1087(f) or 40 CFR 264.1086(f). As
another example, 49 CFR 173.204 contains an implicit exception for
certain hazardous materials that states, ``packaging need not conform
to the requirements of part 178.'' However, if that packaging were used
to manage a hazardous waste subject to the container regulations of the
subpart CC rule, the effect of 40 CFR 265.1087(f)(3) would be to
require that, for compliance with the subpart CC rule, such packaging
must comply with the requirements of 49 CFR part 178. In this example,
40 CFR 265.1087(f) and 264.1086(f) would disallow the exception to 49
part 178 provided by 49 CFR 173.204. Thus, as a general matter, 40 CFR
265.1087(f) and 264.1086(f) have the intended effect of requiring
strict compliance with all applicable requirements of 49 CFR parts 178
and 179 (other than the exception for lab packs at 49 CFR 173.12(b)),
for the purpose of the DOT compliance option within the subpart CC
container standards. Strict compliance with these provisions is
necessary to ensure that the emission reduction intended by the rule is
achieved.
Today's action also corrects two typographical errors in
Sec. 264.1086. In Sec. 264.1086(c)(2), ``* * * Organic vapor
permeability, the effects of the contact with the hazardous waste * *
*'' is revised to read as follows, ``Organic vapor permeability; the
effects of the contact with the hazardous waste * * *'' and in
Sec. 264.1086(d)(2), ``* * * any one of the following: a submerged-fill
pipe * * *'' is revised to read as follows, ``* * * any one of the
following: A submerged-fill pipe * * *''
For containers required to use Level 2 controls under the subpart
CC standards, one option under the final rules requires that the
hazardous waste be managed in a ``container that operates with no
detectable organic emissions.'' (See Secs. 264.1086(d)(ii) and
265.1087(d)(ii).) The test for conducting no detectable organic
emissions for the purpose of complying with this requirement must be
conducted in accordance with the procedures specified in Method 21 of
40 CFR part 60, appendix A. However, under subpart CC, there are no
requirements for periodic Method 21 leak monitoring of containers. (See
Section IV.I.3 of the preamble to the final rule, 61 FR 59948, November
25, 1996.) Any Method 21 monitoring to determine if the containers
operate with no detectable organic emissions is conducted at the
owner's or operator's discretion. In order to clarify this point, the
EPA has amended the language in paragraph (g) of the container
standards.
H. Standards: Closed-Vent Systems and Control Devices
The inspection and monitoring requirements under paragraph (c) of
Sec. 264.1087 and Sec. 265.1088 are being amended to clarify that the
inspection and monitoring procedures specifically cited in paragraph
(c)(7) are applicable to closed-vent systems as well as to the control
devices. The reference to closed-vent system in paragraph (c)(7) was
inadvertently left out of the sentence specifying what shall be
inspected and monitored; however, the procedures specified in the
paragraph did cite the requirements applicable to closed-vent systems,
and it was thus the EPA's intent that closed-vent systems be included.
The EPA has received several comments concerning how a TSDF owner
or operator would demonstrate compliance with the 95 percent removal
requirement (see Sec. 265.1088(c)(1)(i)) for a vent stream with low
concentration organic vapor entering an organic air emission control
device. The commenters contended that the 95 percent removal or
destruction performance demonstration is not feasible for low
concentration organic streams. However, the EPA has not at this time
found adequate technical reasons to change the 95 percent control
requirement. Similar requirements have been included in other
regulations controlling air emissions from process vents on hazardous
and non-hazardous
[[Page 64654]]
waste management operations (e.g., subpart DD in 40 CFR part 63) and
guidance regarding compliance with the 95 percent control requirement
has been published by the EPA, see EPA-450/3-89-021, Hazardous Waste
TSDF--Technical Guidance Document for RCRA Air Emission Standards for
Process Vents and Equipment Leaks; or EPA-450/3-91-007, Alternative
Control Technology Document--Organic Waste Process Vents. The EPA has
also published guidance regarding the control of low concentration
organic vapor streams; see EPA-450/R-95-003, Survey of Control
Technologies for Low concentration Organic Vapor Gas Streams.
It has been suggested that the EPA include the use of an activated
carbon adsorption control system as a specified technology and/or use
of surrogate compounds to demonstrate compliance. Again, the EPA does
not have an adequate technical basis to revise the control device
requirements to include a carbon adsorption control equipment
specification. Carbon adsorption systems require considerable
constituent and other site-specific information for proper control
device design, unlike combustion systems, for which organic control
efficiency is less dependent on the particular organic constituent
present in the gas stream. Therefore, the EPA has not included a carbon
adsorption equipment specification in the rule as an alternative to the
95 percent organic removal efficiency demonstration.
Commenters also have requested that the EPA amend the control
device requirements of the rule to allow that the temperature sensor
for condensers be placed in the coolant exhaust rather than in the
exhaust vent stream from the condenser exit. The EPA selected this
monitoring location because its was judged that monitoring the exhaust
gas provided a better and more direct characterization of the
performance of the condenser. In addition, the standards for closed-
vent systems and control devices in subpart AA (see Sec. 264.1033(i))
allow that ``an alternative operational or process parameter may be
monitored if it can be demonstrated that another parameter will ensure
that the control device is operated in conformance with these standards
and the control devices's design specifications.'' This same allowance
is not contained in the part 265 standards for interim status
facilities because the rules do not have provisions for reporting and
thus there is no direct mechanism for Agency review of the
appropriateness of the alternative parameter. The EPA did not seek to
burden the owner or operator of interim status facilities with the
additional reporting requirements associated with the technical
demonstration of equivalent characterization of performance. For those
facilities that are monitoring an alternative parameter, e.g.,
condenser coolant exhaust rather than the condenser vent stream
exhaust, in compliance with provisions of a Clean Air Act regulation
such as the HON, the owner or operator of the unit may be able to
comply with the RCRA air rules through one of the Clean Air Act
applicability exemptions contained in the RCRA air rules at
Secs. 264.1030(d) and 265.1030(d) of subpart AA and
Secs. 264.1080(b)(7) and 265.1080(b)(7) of subpart CC. The EPA
continues to believe that the monitoring requirements specified in the
40 CFR part 265 rules are reasonable, and the EPA does not consider it
appropriate to allow alternative parameters to be monitored without a
mechanism for Agency review of the alternative approach (e.g., a Clean
Air Act or RCRA permit). Therefore, the EPA is not amending the rule in
this regard.
As previously noted in Section III.C of this preamble, the November
25, 1996, amendments to the subpart CC standards for control devices
and closed vent systems (at Sec. 265.1088(c)(2)(i)), added provisions
to allow up to 240 hours per year for periods of planned routine
maintenance of a control device, during which time the control device
is not required to meet the performance requirements for emission
reductions specified in the rule. The EPA has received comments that
control devices such as boilers, industrial furnaces, and incinerators
often require routine maintenance that takes longer than 10 days per
year. In connection with this, the commenters also requested that the
EPA provide an extension to the repair period so long as the owner or
operator documents the decision to use an extension by including
certain material in the operating record. The EPA considers the
emissions from hazardous waste to be a significant source of nationwide
organic air emissions, and does not consider it appropriate to lengthen
the time that a control device may be out of service for routine
maintenance, while hazardous waste is being managed in the unit. As
promulgated in December 1994, the subpart CC standards did not allow
provisions for planned maintenance time, because the modeled emission
reductions attributed to the implementation of these standards were
based on control device operation at all times that affected waste is
managed in a unit requiring a control device. In the November 1996
amendments, the EPA revised the control device provisions in
recognition that planned or routine maintenance of control devices,
within reason, would limit the unplanned malfunctions. However, the EPA
continues to consider that 240 hours per year is an appropriate maximum
amount of time for hazardous waste to be managed in units without the
required control device operating. Thus, the EPA is not amending this
provision. Instances of control device down time beyond the allowed 240
hours for maintenance would be considered periods in which the facility
is not in compliance with the control requirements of the rule.
The EPA is today clarifying that the requirements for management of
spent carbon, at Sec. 264.1088(c)(3)(ii) and Sec. 265.1089(c)(3)(ii)
apply only to carbon that is a hazardous waste. This clarification has
been made in both the February 9, 1996 technical amendments (see 61 FR
at 4910) and the November 25, 1996 final rule amendments (see 61 FR at
59936). When amending the regulatory text at Sec. 264.1087(c)(3)(ii)
and Sec. 265.1088(c)(3)(ii) in the November 25, 1996 action, the EPA
inadvertently omitted the phrases that state the requirement applies to
carbon that is a hazardous waste, and the requirement applies
regardless of the VO concentration of the carbon. These statements had
been included in the regulatory text prior to that November 25 Federal
Register document; today's amendment clarifies the EPA's intent by
correcting that omission.
I. Recordkeeping and Reporting Requirements
In the November 25, 1996 final rule amendments (61 FR 59952 and
59971) to parts 264 and 265, the subpart CC applicability was amended
to exempt any hazardous waste management unit that the owner or
operator certifies is equipped with and operating air emission controls
in accordance with an applicable Clean Air Act regulation codified
under 40 CFR part 60, part 61, or part 63. Though the requirement for
owner or operator certification was established at Sec. 264.1080(b)(7),
the EPA inadvertently failed to add the associated recordkeeping
requirement to the recordkeeping sections of subpart CC. In order to
establish minimum recordkeeping requirements for those units that are
exempted from the subpart because the unit is in compliance with
control requirements under a Clean Air Act regulation, the subpart CC
recordkeeping requirements are being amended by today's action. A
[[Page 64655]]
new paragraph (j) is being added to Sec. 264.1089 and Sec. 265.1090
that requires the owner or operator to record and maintain: (1) a
certification that the waste management unit is equipped with and
operating air emission controls in accordance with the requirements of
an applicable Clean Air Act regulation codified in 40 CFR parts 60, 61,
or 63; and (2) identification of the specific requirements with which
the unit is in compliance.
Adding these requirements also necessitated a change to paragraph
(a) of Sec. 264.1089 and Sec. 265.1090 in order to include paragraph
(j) in the list of information specified for recordkeeping under the
subpart.
In addition, today's action corrects typographical errors in
Sec. 264.1089(a) and Sec. 265.1090(a). In the last sentence of
Sec. 264.1089(a), ``* * * air emission controls specified in
Secs. 264.1084 through 264.1087 of this subpart in accordance with the
conditions specified in Sec. 264.1084(d) of this subpart.'' is revised
to read as follows, ``* * * 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) or Sec. 264.1080(b)(7),
respectively, of this subpart.'' Similarly, in the last sentence of
Sec. 265.1090(a), ``* * * air emission controls specified in
Secs. 264.1084 through 264.1087 of this subpart in accordance with the
conditions specified in Sec. 264.1084(d) of this subpart'' is revised
to read as follows, ``* * * 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) or Sec. 265.1080(b)(7),
respectively, of this subpart.''
Also in the recordkeeping sections of subpart CC, paragraph (f) of
Sec. 264.1089 and Sec. 265.1090 are being amended to provide the full
citation referenced in the paragraph; the references to
Sec. 264.1082(c)(2) and Sec. 265.1083(c)(2) are being expanded to state
(c)(2)(i) through (c)(2)(vi)'' in paragraph (f) to cover specifically
each of the exemption options, for which a waste determination for a
treated hazardous waste is required.
In a further correction, paragraph (b)(1)(ii)(B) of Sec. 264.1089
and Sec. 265.1090 is being amended to correct the sentence structure
and eliminate the redundant phrase ``the following information.''
J. Appendix VI to Part 265
Appendix VI to part 265 is revised and reprinted in total. The
revisions made by today's action correct printing errors in the
November 25, 1996, final rule amendments (61 FR 59993), reformat the
list to be alphabetical, correct typographical errors in compound names
(for example, dimethyl hydrazine (1,) is corrected to read 1,1-dimethyl
hydrazine), and add CAS numbers that were not available in the November
25, 1996, final rule amendments.
There has been some uncertainty among the regulated community with
respect to whether or not cyanide (CN) is classified as an ``organic''
compound. For purposes of subpart CC, cyanide is listed in Appendix VI
to Part 265 as one of the compounds with a Henry's Law Constant less
than 0.1 Y/X and as such it is not necessary to quantify CN as a part
of the volatile organic concentration determination.
VI Administrative Requirements
A. Docket
Six RCRA dockets contain information pertaining to today's
rulemaking: (1) RCRA docket number F-91-CESP-FFFFF, which contains
copies of all BID references and other information related to the
development of the rule up through proposal; (2) RCRA docket number F-
92-CESA-FFFFF, which contains copies of the supplemental data made
available for public comment prior to promulgation; (3) RCRA docket
number F-94-CESF-FFFFF, which contains copies of all BID references and
other information related to development of the final rule following
proposal; (4) RCRA docket number F-94-CE2A-FFFFF, which contains
information pertaining to waste stabilization operations performed in
tanks; (5) RCRA docket number F-95-CE3A-FFFFF, which contains
information about potential final rule revisions made available for
public comment; and (6) RCRA docket number F-96-CE4A-FFFFF, which
contains a copy of each of the comment letters submitted in regard to
the revisions that the EPA was considering for the final subpart CC
standards. The public may review all materials in these dockets at the
EPA RCRA Docket Office.
The EPA RCRA Docket Office is located at Crystal Gateway, 1235
Jefferson Davis Highway, First Floor, Arlington, Virginia. Hand
delivery of items and review of docket materials are made at the
Virginia address. The public must have an appointment to review docket
materials. Appointments can be scheduled by calling the Docket Office
at (703) 603-9230. The mailing address for the RCRA Docket Office is
RCRA Information Center (5305W), 401 M Street SW, Washington, DC 20460.
The Docket Office is open from 9 a.m. to 4 p.m., Monday through Friday,
except for Federal holidays.
B. Paperwork Reduction Act
The information collection requirements of the previously
promulgated RCRA air rules were submitted to and approved by the Office
of Management and Budget (OMB). A copy of this Information Collection
Request (ICR) document (OMB control number 1593.02) may be obtained
from Sandy Farmer, Information Policy Branch (2136); U.S. Environmental
Protection Agency; 401 M Street, SW; Washington, DC 20460 or by calling
(202) 260-2740.
Today's amendments to the RCRA air rules should have only a minor
impact on the information collection burden estimates made previously,
and that impact is expected to be a reduction. The changes consist of
new definitions, alternative test procedures, clarifications of
requirements, and additional compliance options. The changes are not
additional requirements, but rather, are reductions in previously
published requirements. The overall information-keeping requirements in
the rule are being reduced. Consequently, the ICR has not been revised.
C. Executive Order 12866
Under Executive Order 12866, the EPA must determine whether the
proposed regulatory action is ``significant'' and, therefore, subject
to the OMB review and the requirements of the Executive Order. The
Order defines ``significant'' regulatory action as one that is likely
to lead to a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety in State, local, or tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
The RCRA subpart CC air rules published on December 6, 1994, were
considered significant under Executive Order 12866, and a regulatory
impact analysis (RIA) was prepared. The amendments published today
clarify the
[[Page 64656]]
rule, provide more compliance alternatives, make certain regulatory
provisions more lenient, and correct structural problems with the
drafting of some sections. The OMB has evaluated this action, and
determined it to be non-significant; thus it did not require their
review.
D. Regulatory Flexibility
This rule is not subject to notice and comment rulemaking
requirements and therefore is not subject to the Regulatory Flexibility
Act. However, for the reasons discussed in the December 6, 1994 Federal
Register (59 FR 62923), this rule does not have a significant impact on
a substantial number of small entities. The changes to the rule do not
add new control requirements to the December 1994 rule. The amendments
in fact reduce the already-existing requirements. Therefore, the
amendments are also not considered significant.
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2) given that it amends the rule published in 1994 to reduce
the extent of regulation.
E. Unfunded Mandates Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), the EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate, or to the private sector, of $100
million or more. Under section 205, the EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires the EPA to establish a plan for informing and advising any
small governments that may be significantly or uniquely impacted by the
rule.
The EPA has determined that the action promulgated today does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate or to the private sector. Therefore, the requirements of the
Unfunded Mandates Act do not apply to this action.
F. Immediate Effective Date
The EPA has determined to make today's action effective
immediately. The EPA believes that the corrections being made in
today's action are either interpretations of existing regulations which
do not require prior notice and opportunity for comment, or are
technical corrections of obvious errors in the published rules (for
example, corrections to regulations inconsistent with or not carrying
out statements in the preamble or Background Information Document).
Comment on such changes is unnecessary, within the meaning of 5 U.S.C.
553(b)(3)(B). In addition, the EPA notes that many of these
clarifications result from the public meeting process, so that the
Agency has provided a measure of opportunity for comment.
VII. Legal Authority
These regulations are amended under the authority of sections 2002,
3001-3007, 3010, and 7004 of the Solid Waste Disposal Act of 1970, as
amended by RCRA, as amended (42 U.S.C. 6921-6927, 6930, and 6974).
List of Subjects
40 CFR Parts 264 and 265
Environmental protection, Air pollution control, Container, Control
device, Hazardous waste, Inspection, Monitoring, Reporting and
recordkeeping requirements, Surface impoundment, Tank, TSDF, Waste
determination.
40 CFR Part 270
Environmental protection, Administrative practice and procedure,
Air pollution, Confidential business information, Hazardous waste,
Permit modification, Reporting and recordkeeping requirements.
Dated: November 28, 1997.
Richard D. Wilson,
Acting Asssistant Administrator for Air and Radiation.
For the reasons set out in the preamble, title 40, chapter I, parts
264, 265, and 270 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 B--General Facility Standards
2. Section 264.15 is amended by revising paragraph (b)(4), and
leaving the ``COMMENT'' at the end of the paragraph to read as follows:
Sec. 264.15 General inspection requirements.
* * * * *
(b) * * *
(4) The frequency of inspection may vary for the items on the
schedule. However, the frequency should be based on the rate of
deterioration of the equipment and the probability of an environmental
or human health incident if the deterioration, malfunction, or any
operator error goes undetected between inspections. Areas subject to
spills, such as loading and unloading areas, must be inspected daily
when in use. At a minimum, the inspection schedule must include the
items and frequencies called for in Secs. 264.174, 264.193, 264.195,
264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033,
264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089 of this
part, where applicable.
* * * * *
Subpart E--Manifest System, Recordkeeping, and Reporting
3. Section 264.73 is amended by revising paragraph (b)(6) to read
as follows:
Sec. 264.73 Operating record.
* * * * *
(b) * * *
(6) Monitoring, testing or analytical data, and corrective action
where required by subpart F of this part and Secs. 264.19, 264.191,
264.193, 264.195, 264.222, 264.223, 264.226, 264.252--264.254, 264.276,
264.278, 264.280, 264.302--264.304, 264.309, 264.347, 264.602,
264.1034(c)--264.1034(f), 264.1035, 264.1063(d)--264.1063(i), 264.1064,
and 264.1082 through 264.1090 of this part.
* * * * *
Subpart AA--Air Emission Standards for Process Vents
4. Section 264.1030 is amended by revising paragraphs (b)(3) and
(c), leaving the ``NOTE'' at the end of paragraph (c), and adding
paragraph (e), to read as:
Sec. 264.1030 Applicability.
* * * * *
(b) * * *
(3) A unit that is exempt from permitting under the provisions of
40
[[Page 64657]]
CFR 262.34(a) (i.e., a ``90-day'' tank or container) and is not a
recycling unit under the provisions of 40 CFR 261.6.
(c) For the owner and operator of a facility subject to this
subpart and who received a final permit under RCRA section 3005 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 40 CFR 124.15 or reviewed in accordance with
the requirements of 40 CFR 270.50(d). Until such date when the owner
and operator receives a final permit incorporating the requirements of
this subpart, the owner and operator is subject to the requirements of
40 CFR 265, subpart AA.
* * * * *
(e) The requirements of this subpart do not apply to the process
vents at a facility where the facility owner or operator certifies that
all of the process vents that would otherwise be subject to this
subpart are equipped with and operating air emission controls in
accordance with the process vent requirements of an applicable Clean
Air Act regulation codified under 40 CFR part 60, part 61, or part 63.
The documentation of compliance under regulations at 40 CFR part 60,
part 61, or part 63 shall be kept with, or made readily available with,
the facility operating record.
* * * * *
5. Section 264.1031 is amended by revising the definition of ``In
light liquid service'' to read as follows:
Sec. 264.1031 Definitions.
* * * * *
In light liquid service means that the piece of equipment contains
or contacts a waste stream where the vapor pressure of one or more of
the organic components in the stream is greater than 0.3 kilopascals
(kPa) at 20 deg.C, the total concentration of the pure organic
components having a vapor pressure greater than 0.3 kilopascals (kPa)
at 20 deg.C is equal to or greater than 20 percent by weight, and the
fluid is a liquid at operating conditions.
* * * * *
6. Section 264.1033 is amended by revising paragraph (a)(2) to read
as follows:
Sec. 264.1033 Standards: Closed-vent systems and control devices.
(a) * * *
(2)(i) The owner or operator of an existing facility who cannot
install a closed-vent system and control device to comply with the
provisions of this subpart on the effective date that the facility
becomes subject to the provisions of this subpart must prepare an
implementation schedule that includes dates by which the closed-vent
system and control device will be installed and in operation. The
controls must be installed as soon as possible, but the implementation
schedule may allow up to 30 months after the effective date that the
facility becomes subject to this subpart for installation and startup.
(ii) Any unit that begins operation after December 21, 1990, and is
subject to the provisions of this subpart when operation begins, must
comply with the rules immediately (i.e., must have control devices
installed and operating on startup of the affected unit); the 30-month
implementation schedule does not apply.
(iii) The owner or operator of any facility in existence on the
effective date of a statutory or EPA regulatory amendment that renders
the facility subject to this subpart shall comply with all requirements
of this subpart as soon as practicable but no later than 30 months
after the amendment's effective date. When control equipment required
by this subpart can not be installed and begin operation by the
effective date of the amendment, the facility owner or operator shall
prepare an implementation schedule that includes the following
information: Specific calendar dates for award of contracts or issuance
of purchase orders for the control equipment, initiation of on-site
installation of the control equipment, completion of the control
equipment installation, and performance of any testing to demonstrate
that the installed equipment meets the applicable standards of this
subpart. The owner or operator shall enter the implementation schedule
in the operating record or in a permanent, readily available file
located at the facility.
(iv) Owners and operators of facilities and units that become newly
subject to the requirements of this subpart after December 8, 1997, due
to an action other than those described in paragraph (a)(2)(iii) of
this section must comply with all applicable requirements immediately
(i.e., must have control devices installed and operating on the date
the facility or unit becomes subject to this subpart; the 30-month
implementation schedule does not apply).
* * * * *
Subpart BB--Air Emission Standards for Equipment Leaks
7. Section 264.1050 is amended by revising paragraphs (b)(3), (c)
and (f) to read as follows:
Sec. 264.1050 Applicability.
* * * * *
(b) * * *
(3) A unit that is exempt from permitting under the provisions of
40 CFR 262.34(a) (i.e., a ``90-day'' tank or container) and is not a
recycling unit under the provisions of 40 CFR 261.6.
(c) For the owner or operator of a facility subject to this subpart
and who received a final permit under RCRA section 3005 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 40 CFR 124.15 or reviewed in accordance with
the requirements of 40 CFR 270.50(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 40 CFR
part 265, subpart BB.
* * * * *
(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
Secs. 264.1052 through 264.1060 of this subpart if it is identified, as
required in Sec. 264,1064(g)(6) of this subpart.
* * * * *
8. Section 264.1060 is revised to read as follows:
Sec. 264.1060 Standards: Closed-vent systems and control devices.
(a) Owners and operators of closed-vent systems and control devices
subject to this subpart shall comply with the provisions of
Sec. 264.1033 of this part.
(b)(1) The owner or operator of an existing facility who cannot
install a closed-vent system and control device to comply with the
provisions of this subpart on the effective date that the facility
becomes subject to the provisions of this subpart must prepare an
implementation schedule that includes dates by which the closed-vent
system and control device will be installed and in operation. The
controls must be installed as soon as possible, but the implementation
schedule may allow up to 30 months after the effective date that the
facility becomes subject to this subpart for installation and startup.
(2) Any unit that begins operation after December 21, 1990, and is
subject to the provisions of this subpart when operation begins, must
comply with the rules immediately (i.e., must have control devices
installed and operating on startup of the affected unit); the 30-month
implementation schedule does not apply.
[[Page 64658]]
(3) The owner or operator of any facility in existence on the
effective date of a statutory or EPA regulatory amendment that renders
the facility subject to this subpart shall comply with all requirements
of this subpart as soon as practicable but no later than 30 months
after the amendment's effective date. When control equipment required
by this subpart can not be installed and begin operation by the
effective date of the amendment, the facility owner or operator shall
prepare an implementation schedule that includes the following
information: Specific calendar dates for award or contracts or issuance
of purchase orders for the control equipment, initiation of on-site
installation of the control equipment, completion of the control
equipment installation, and performance of any testing to demonstrate
that the installed equipment meets the applicable standards of this
subpart. The owner or operator shall enter the implementation schedule
in the operating record or in a permanent, readily available file
located at the facility.
(4) Owners and operators of facilities and units that become newly
subject to the requirements of this subpart after December 8, 1997, due
to an action other than those described in paragraph (b)(3) of this
section must comply with all applicable requirements immediately (i.e.,
must have control devices installed and operating on the date the
facility or unit becomes subject to this subpart; the 30-month
implementation schedule does not apply).
9. Section 264.1062 is amended by revising paragraphs (b)(2) and
(b)(3) to read as follows:
Sec. 264.1062 Alternative standards for valves in gas/vapor service or
in light liquid service: skip period leak detection and repair.
* * * * *
(b) * * *
(2) After two consecutive quarterly leak detection periods with the
percentage of valves leaking equal to or less than 2 percent, an owner
or operator may begin to skip one of the quarterly leak detection
periods (i.e., monitor for leaks once every six months) for the valves
subject to the requirements in Sec. 264.1057 of this subpart.
(3) After five consecutive quarterly leak detection periods with
the percentage of valves leaking equal to or less than 2 percent, an
owner or operator may begin to skip three of the quarterly leak
detection periods (i.e., monitor for leaks once every year) for the
valves subject to the requirements in Sec. 264.1057 of this subpart.
* * * * *
10. Section 264.1064 is amended by revising paragraphs (g)(6) and
(m) to read as follows:
Sec. 264.1064 Recordkeeping requirements.
* * * * *
(g) * * *
(6) Identification, either by list or location (area or group) of
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.
* * * * *
(m) The owner or operator of a facility with equipment that is
subject to this subpart and to regulations at 40 CFR part 60, part 61,
or part 63 may elect to determine compliance with this subpart either
by documentation pursuant to Sec. 264.1064 of this subpart, or by
documentation of compliance with the regulations at 40 CFR part 60,
part 61, or part 63 pursuant to the relevant provisions of the
regulations at 40 part 60, part 61, or part 63. The documentation of
compliance under regulations at 40 CFR part 60, part 61, or part 63
shall be kept with or made readily available with the facility
operating record.
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
11. Section 264.1080 is amended by revising paragraphs (b)(1) and
(c) to read as follows:
Sec. 264.1080 Applicability.
* * * * *
(b) * * *
(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.
* * * * *
(c) For the owner and operator of a facility subject to this
subpart who received a final permit under RCRA section 3005 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 40 CFR 124.15 of this chapter or reviewed in
accordance with the requirements of 40 CFR 270.50(d) of this chapter.
Until such date when the permit is reissued in accordance with the
requirements of 40 CFR 124.15 or reviewed in accordance with the
requirements of 40 CFR 270.50(d), the owner and operator is subject to
the requirements of 40 CFR part 265, subpart CC.
* * * * *
12. Section 264.1082 is amended by revising paragraphs (b),
(c)(2)(ix)(A), (c)(2)(ix)(B), (c)(3) and (c)(4)(ii) to read as follows:
Sec. 264.1082 Standards: General.
* * * * *
(b) The owner or operator shall control air pollutant emissions
from each hazardous waste management unit in accordance with standards
specified in Secs. 264.1084 through 264.1087 of this subpart, as
applicable to the hazardous waste management unit, except as provided
for in paragraph (c) of this section.
(c) * * *
(2) * * *
(ix) * * *
(A) If Method 25D in 40 CFR part 60, appendix A is used for the
analysis, one-half the blank value determined in the method at section
4.4 of Method 25D in 40 CFR part 60, appendix A, or a value of 25 ppmw,
whichever is less.
(B) If any other analytical method is used, one-half the sum of the
limits of detection established for each organic constituent in the
waste that has a Henry's law constant value at least 0.1 mole-fraction-
in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can
also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m\3\]
at 25 degrees Celsius.
(3) A tank or surface impoundment used for biological treatment of
hazardous waste in accordance with the requirements of paragraph
(c)(2)(iv) of this section.
(4) * * *
(ii) The organic hazardous constituents in the waste have been
treated by the treatment technology established by the EPA for the
waste in 40 CFR 268.42(a), or have been removed or destroyed by an
equivalent method of treatment approved by EPA pursuant to 40 CFR
268.42(b).
* * * * *
13. Section 264.1083 is amended by revising paragraphs (a)(2) and
(b)(1) to read as follows:
Sec. 264.1083 Waste determination procedures.
(a) * * *
(2) For a waste determination that is required by paragraph (a)(1)
of this section, the average VO concentration of a hazardous waste at
the point of waste origination shall be determined in accordance with
the procedures specified in 40 CFR 265.1084(a)(2) through (a)(4).
(b) * * *
[[Page 64659]]
(1) An owner or operator shall perform the applicable waste
determinations for each treated hazardous waste placed in waste
management units exempted under the provisions of
Sec. 264.1082(c)(2)(i) through (c)(2)(vi) of this subpart from using
air emission controls in accordance with standards specified in
Secs. 264.1084 through 264.1087 of this subpart, as applicable to the
waste management unit.
* * * * *
14. Section 264.1084 is amended by revising paragraph (c)(2)(iii)
introductory text and paragraph (c)(2)(iii)(B), adding paragraph
(e)(4), revising paragraph (f)(3)(i)(D)(4) and paragraph (f)(3)(iii)
itroductory text, adding paragraph (f)(4), and adding paragraph
(j)(2)(iii) to read as follows:
Sec. 264.1084 Standards: Tanks.
* * * * *
(c) * * *
(2) * * *
(iii) Each opening in the fixed roof, and any manifold system
associated with the fixed roof, shall be either:
* * * * *
(B) Connected by a closed-vent system that is vented to a control
device. The control device shall remove or destroy organics in the vent
stream, and shall be operating whenever hazardous waste is managed in
the tank, except as provided for in paragraphs (c)(2)(iii)(B) (1) and
(2) of this section.
(1) During periods when it is necessary to provide access to the
tank for performing the activities of paragraph (c)(2)(iii)(B)(2) of
this section, venting of the vapor headspace underneath the fixed roof
to the control device is not required, opening of closure devices is
allowed, and removal of the fixed roof is allowed. Following completion
of the activity, the owner or operator shall promptly secure the
closure device in the closed position or reinstall the cover, as
applicable, and resume operation of the control device.
(2) During periods of routine inspection, maintenance, or other
activities needed for normal operations, and for removal of accumulated
sludge or other residues from the bottom of the tank.
* * * * *
(e) * * *
(4) Safety devices, as defined in 40 CFR 265.1081, may be installed
and operated as necessary on any tank complying with the requirements
of paragraph (e) of this section.
(f) * * *
(3) * * *
(i) * * *
(D) * * *
(4) The total gap area shall be calculated by adding the gap
surface areas determined for each identified gap location for the
primary seal and the secondary seal individually, and then dividing the
sum for each seal type by the nominal diameter of the tank. These total
gap areas for the primary seal and secondary seal are then compared to
the respective standards for the seal type as specified in paragraph
(f)(1)(ii) of this section.
* * * * *
(iii) Prior to each inspection required by paragraph (f)(3)(i) or
(f)(3)(ii) of this section, the owner or operator shall notify the
Regional Administrator in advance of each inspection to provide the
Regional Administrator with the opportunity to have an observer present
during the inspection. The owner or operator shall notify the Regional
Administrator of the date and location of the inspection as follows:
* * * * *
(4) Safety devices, as defined in 40 CFR 265.1081, may be installed
and operated as necessary on any tank complying with the requirements
of paragraph (f) of this section.
* * * * *
(j) * * *
(2) * * *
(iii) The hazardous waste meets the requirements of
Sec. 264.1082(c)(4) of this subpart.
* * * * *
15. Section 264.1085 is amended by revising paragraphs (b)(2),
(d)(1)(iii), and (d)(2)(i)(B) and adding paragraph (e)(2)(iii) to read
as follows:
Sec. 264.1085 Standards: Surface impoundments.
* * * * *
(b) * * *
(2) A cover that is vented through a closed-vent system to a
control device in accordance with the provisions specified in paragraph
(d) of this section.
* * * * *
(d) * * *
(1) * * *
(iii) The cover and its closure devices shall be made of suitable
materials that will minimize exposure of the hazardous waste to the
atmosphere, to the extent practical, and will maintain the integrity of
the cover and closure devices throughout their intended service life.
Factors to be considered when selecting the materials of construction
and designing the cover and closure devices shall include: Organic
vapor permeability; the effects of any contact with the liquid or its
vapors managed in the surface impoundment; the effects of outdoor
exposure to wind, moisture, and sunlight; and the operating practices
used for the surface impoundment on which the cover is installed.
* * * * *
(2) * * *
(i) * * *
(B) To remove accumulated sludge or other residues from the bottom
of the surface impoundment.
* * * * *
(e) * * *
(2) * * *
(iii) The hazardous waste meets the requirements of
Sec. 264.1082(c)(4) of this subpart.
* * * * *
16. Section 264.1086 is amended by revising paragraphs (c)(2),
(c)(4)(i), (d)(2), (d)(4)(i), and paragraph (g) introductory text to
read as follows:
Sec. 264.1086 Standards: Containers.
* * * * *
(c) * * *
(2) A container used to meet the requirements of paragraph
(c)(1)(ii) or (c)(1)(iii) of this section shall be equipped with covers
and closure devices, as applicable to the container, that are composed
of suitable materials to minimize exposure of the hazardous waste to
the atmosphere and to maintain the equipment integrity, for as long as
the container is in service. Factors to be considered in selecting the
materials of construction and designing the cover and closure devices
shall include: Organic vapor permeability; the effects of contact with
the hazardous waste or its vapor managed in the container; the effects
of outdoor exposure of the closure device or cover material to wind,
moisture, and sunlight; and the operating practices for which the
container is intended to be used.
* * * * *
(4) * * *
(i) In the case when a hazardous waste already is in the container
at the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied within 24
hours after the container is accepted at the facility (i.e., does not
meet the conditions for an empty container as specified in 40 CFR
261.7(b)), the owner or operator shall visually inspect the container
and its cover and closure devices to check for visible cracks, holes,
gaps, or other open spaces into the interior of the container when the
cover and closure devices are secured in the closed position. The
container visual inspection shall be conducted on or before the date
that the
[[Page 64660]]
container is accepted at the facility (i.e., the date the container
becomes subject to the subpart CC container standards). For purposes of
this requirement, the date of acceptance is the date of signature that
the facility owner or operator enters on Item 20 of the Uniform
Hazardous Waste Manifest in the appendix to 40 CFR part 262 (EPA Forms
8700-22 and 8700-22A), as required under subpart E of this part, at 40
CFR 264.71. If a defect is detected, the owner or operator shall repair
the defect in accordance with the requirements of paragraph (c)(4)(iii)
of this section.
* * * * *
(d) * * *
(2) Transfer of hazardous waste in or out of a container using
Container Level 2 controls shall be conducted in such a manner as to
minimize exposure of the hazardous waste to the atmosphere, to the
extent practical, considering the physical properties of the hazardous
waste and good engineering and safety practices for handling flammable,
ignitable, explosive, reactive, or other hazardous materials. Examples
of container loading procedures that the EPA considers to meet the
requirements of this paragraph include using any one of the following:
A submerged-fill pipe or other submerged-fill method to load liquids
into the container; a vapor-balancing system or a vapor-recovery system
to collect and control the vapors displaced from the container during
filling operations; or a fitted opening in the top of a container
through which the hazardous waste is filled and subsequently purging
the transfer line before removing it from the container opening.
* * * * *
(4) * * *
(i) In the case when a hazardous waste already is in the container
at the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied within 24
hours after the container is accepted at the facility (i.e., does not
meet the conditions for an empty container as specified in 40 CFR
261.7(b)), the owner or operator shall visually inspect the container
and its cover and closure devices to check for visible cracks, holes,
gaps, or other open spaces into the interior of the container when the
cover and closure devices are secured in the closed position. The
container visual inspection shall be conducted on or before the date
that the container is accepted at the facility (i.e., the date the
container becomes subject to the subpart CC container standards). For
purposes of this requirement, the date of acceptance is the date of
signature that the facility owner or operator enters on Item 20 of the
Uniform Hazardous Waste Manifest in the appendix to 40 CFR part 262
(EPA Forms 8700-22 and 8700-22A), as required under subpart E of this
part, at 40 CFR 264.71. If a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (d)(4)(iii) of this section.
* * * * *
(g) To determine compliance with the no detectable organic
emissions requirement of paragraph (d)(1)(ii) of this section, the
procedure specified in Sec. 264.1083(d) of this subpart shall be used.
* * * * *
17. Section 264.1087 is amended by revising paragraphs (c)(3)(ii)
and (c)(7) to read as follows:
Sec. 264.1087 Standards: Closed-vent systems and control devices.
* * * * *
(c) * * *
(3) * * *
(ii) All carbon that is a hazardous waste and that is removed from
the control device shall be managed in accordance with the requirements
of 40 CFR 264.1033(n), regardless of the average volatile organic
concentration of the carbon.
* * * * *
(7) The closed-vent system and control device shall be inspected
and monitored by the owner or operator in accordance with the
procedures specified in 40 CFR 264.1033(f)(2) and 40 CFR 264.1033(l).
The readings from each monitoring device required by 40 CFR
264.1033(f)(2) shall be inspected at least once each operating day to
check control device operation. Any necessary corrective measures shall
be immediately implemented to ensure the control device is operated in
compliance with the requirements of this section.
18. Section 264.1089 is amended by revising paragraphs (a),
(b)(1)(ii)(B), and (f)(1) and adding paragraph (j) to read as follows:
Sec. 264.1089 Recordkeeping requirements.
(a) Each owner or operator of a facility subject to requirements of
this subpart shall record and maintain the information specified in
paragraphs (b) through (j) of this section, as applicable to the
facility. Except for air emission control equipment design
documentation and information required by paragraphs (i) and (j) of
this section, records required by this section shall be maintained in
the operating record for a minimum of 3 years. Air emission control
equipment design documentation shall be maintained in the operating
record until the air emission control equipment is replaced or
otherwise no longer in service. Information required by paragraphs (i)
and (j) of this section shall be maintained in the operating record for
as long as the waste management unit is 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) or
Sec. 264.1080(b)(7) of this subpart, respectively.
(b) * * *
(1) * * *
(ii) * * *
(B) For each defect detected during the inspection: The location of
the defect, a description of the defect, the date of detection, and
corrective action taken to repair the defect. In the event that repair
of the defect is delayed in accordance with the requirements of
Sec. 264.1084 of this subpart, the owner or operator shall also record
the reason for the delay and the date that completion of repair of the
defect is expected.
* * * * *
(f) * * *
(1) For tanks, surface impoundments, and containers exempted under
the hazardous waste organic concentration conditions specified in
Sec. 264.1082(c)(1) or Secs. 264.1082(c)(2)(i) through (c)(2)(vi) of
this subpart, the owner or operator shall record the information used
for each waste determination (e.g., test results, measurements,
calculations, and other documentation) in the facility operating log.
If analysis results for waste samples are used for the waste
determination, then the owner or operator shall record the date, time,
and location that each waste sample is collected in accordance with
applicable requirements of Sec. 264.1083 of this subpart.
* * * * *
(j) For each hazardous waste management unit not using air emission
controls specified in Secs. 264.1084 through 264.1087 of this subpart
in accordance with the requirements of Sec. 264.1080(b)(7) of this
subpart, the owner and operator shall record and maintain the following
information:
(1) Certification that the waste management unit 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.
(2) Identification of the specific requirements codified under 40
CFR
[[Page 64661]]
part 60, part 61, or part 63 with which the waste management unit is in
compliance.
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
19. The authority citation for part 265 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6935.
Subpart B--General Facility Standards
20. Section 265.15 is amended by revising paragraph (b)(4) to read
as follows:
Sec. 265.15 General inspection requirements.
* * * * *
(b) * * *
(4) The frequency of inspection may vary for the items on the
schedule. However, the frequency should be based on the rate of
deterioration of the equipment and the probability of an environmental
or human health incident if the deterioration, malfunction, or any
operator error goes undetected between inspections. Areas subject to
spills, such as loading and unloading areas, must be inspected daily
when in use. At a minimum, the inspection schedule must include the
items and frequencies called for in Secs. 265.174, 265.193, 265.195,
265.226, 265.260, 265.278, 265.304, 265.347, 265.377, 265.403,
265.1033, 265.1052, 265.1053, 265.1058, and 265.1084 through 265.1090
of this part, where applicable.
* * * * *
Subpart E--Manifest System, Recordkeeping, and Reporting
21. Section 265.73 is amended by revising paragraph (b)(6), and
leaving the ``COMMENT'' at the end of the paragraph, to read as
follows:
Sec. 265.73 Operating record.
* * * * *
(b) * * *
(6) Monitoring, testing or analytical data, and corrective action
where required by subpart F of this part and by Secs. 265.19, 265.90,
265.94, 265.191, 265.193, 265.195, 265.222, 265.223, 265.226, 265.255,
265.259, 265.260, 265.276, 265.278, 265.280(d)(1), 265.302 through
265.304, 265.347, 265.377, 265.1034(c) through 265.1034(f), 265.1035,
265.1063(d) through 265.1063(i), 265.1064, and 265.1083 through
265.1090 of this part.
* * * * *
Subpart AA--Air Emission Standards for Process Vents
22. Section 265.1030 is amended by revising paragraph (b)(3),
leaving the ``NOTE'' at the end of paragrpah (b)(3), and adding
paragraph (d), to read as follows:
Sec. 265.1030 Applicability.
* * * * *
(b) * * *
(3) A unit that is exempt from permitting under the provisions of
40 CFR 262.34(a) (i.e., a ``90-day'' tank or container) and is not a
recycling unit under the requirements of 40 CFR 261.6.
(d) The requirements of this subpart do not apply to the process
vents at a facility where the facility owner or operator certifies that
all of the process vents that would otherwise be subject to this
subpart are equipped with and operating air emission controls in
accordance with the process vent requirements of an applicable Clean
Air Act regulation codified under 40 CFR part 60, part 61, or part 63.
The documentation of compliance under regulations at 40 CFR part 60,
part 61, or part 63 shall be kept with, or made readily available with,
the facility operating record.
23. Section 265.1033 is amended by revising paragraphs (a)(2) and
(f)(2)(vi)(B) to read as follows:
Sec. 265.1033 Standards: Closed-vent systems and control devices.
(a) * * *
(2)(i) The owner or operator of an existing facility who cannot
install a closed-vent system and control device to comply with the
provisions of this subpart on the effective date that the facility
becomes subject to the requirements of this subpart must prepare an
implementation schedule that includes dates by which the closed-vent
system and control device will be installed and in operation. The
controls must be installed as soon as possible, but the implementation
schedule may allow up to 30 months after the effective date that the
facility becomes subject to this subpart for installation and startup.
(ii) Any unit that begins operation after December 21, 1990, and is
subject to the requirements of this subpart when operation begins, must
comply with the rules immediately (i.e., must have control devices
installed and operating on startup of the affected unit); the 30-month
implementation schedule does not apply.
(iii) The owner or operator of any facility in existence on the
effective date of a statutory or EPA regulatory amendment that renders
the facility subject to this subpart shall comply with all requirements
of this subpart as soon as practicable but no later than 30 months
after the amendment's effective date. When control equipment required
by this subpart can not be installed and begin operation by the
effective date of the amendment, the facility owner or operator shall
prepare an implementation schedule that includes the following
information: Specific calendar dates for award of contracts or issuance
of purchase orders for the control equipment, initiation of on-site
installation of the control equipment, completion of the control
equipment installation, and performance of any testing to demonstrate
that the installed equipment meets the applicable standards of this
subpart. The owner or operator shall enter the implementation schedule
in the operating record or in a permanent, readily available file
located at the facility.
(iv) Owners and operators of facilities and units that become newly
subject to the requirements of this subpart after December 8, 1997, due
to an action other than those described in paragraph (a)(2)(iii) of
this section must comply with all applicable requirements immediately
(i.e., must have control devices installed and operating on the date
the facility or unit becomes subject to this subpart; the 30-month
implementation schedule does not apply).
* * * * *
(f) * * *
(2) * * *
(vi) * * *
(B) A temperature monitoring device equipped with a continuous
recorder. The device shall be capable of monitoring temperature with an
accuracy of 1 percent of the temperature being monitored in
degrees Celsius ( deg.C) or 0.5 deg.C, whichever is
greater. The temperature sensor shall be installed at a location in the
exhaust vent stream from the condenser exit (i.e., product side).
* * * * *
Subpart BB--Air Emission Standards for Equipment Leaks
24. Section 265.1050 is amended by revising paragraphs (b)(3) and
(e) to read as follows:
Sec. 265.1050 Applicability.
* * * * *
(b) * * *
(3) A unit that is exempt from permitting under the provisions of
40 CFR 262.34(a) (i.e., a ``90-day'' tank or
[[Page 64662]]
container) and is not a recycling unit under the provisions of 40 CFR
261.6.
* * * * *
(e) 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
Secs. 265.1052 through 265.1060 of this subpart if it is identified, as
required in Sec. 265.1064(g)(6) of this subpart.
* * * * *
25. Section 265.1060 is revised to read as follows:
Sec. 265.1060 Standards: Closed-vent systems and control devices.
(a) Owners and operators of closed-vent systems and control devices
subject to this subpart shall comply with the provisions of
Sec. 265.1033 of this part.
(b)(1) The owner or operator of an existing facility who can not
install a closed-vent system and control device to comply with the
provisions of this subpart on the effective date that the facility
becomes subject to the provisions of this subpart must prepare an
implementation schedule that includes dates by which the closed-vent
system and control device will be installed and in operation. The
controls must be installed as soon as possible, but the implementation
schedule may allow up to 30 months after the effective date that the
facility becomes subject to this subpart for installation and startup.
(2) Any units that begin operation after December 21, 1990, and are
subject to the provisions of this subpart when operation begins, must
comply with the rules immediately (i.e., must have control devices
installed and operating on startup of the affected unit); the 30-month
implementation schedule does not apply.
(3) The owner or operator of any facility in existence on the
effective date of a statutory or EPA regulatory amendment that renders
the facility subject to this subpart shall comply with all requirements
of this subpart as soon as practicable but no later than 30 months
after the amendment's effective date. When control equipment required
by this subpart can not be installed and begin operation by the
effective date of the amendment, the facility owner or operator shall
prepare an implementation schedule that includes the following
information: Specific calendar dates for award of contracts or issuance
of purchase orders for the control equipment, initiation of on-site
installation of the control equipment, completion of the control
equipment installation, and performance of any testing to demonstrate
that the installed equipment meets the applicable standards of this
subpart. The owner or operator shall enter the implementation schedule
in the operating record or in a permanent, readily available file
located at the facility.
(4) Owners and operators of facilities and units that become newly
subject to the requirements of this subpart after December 8, 1997 due
to an action other than those described in paragraph (b)(3) of this
section must comply with all applicable requirements immediately (i.e.,
must have control devices installed and operating on the date the
facility or unit becomes subject to this subpart; the 30-month
implementation schedule does not apply).
26. Section 265.1062 is amended by revising paragraphs (b)(2) and
(b)(3) to read as follows:
Sec. 265.1062 Alternative standards for valves in gas/vapor service or
in light liquid service: skip period leak detection and repair.
* * * * *
(b) * * *
(2) After two consecutive quarterly leak detection periods with the
percentage of valves leaking equal to or less than 2 percent, an owner
or operator may begin to skip one of the quarterly leak detection
periods (i.e., monitor for leaks once every six months) for the valves
subject to the requirements in Sec. 265.1057 of this subpart.
(3) After five consecutive quarterly leak detection periods with
the percentage of valves leaking equal to or less than 2 percent, an
owner or operator may begin to skip three of the quarterly leak
detection periods (i.e., monitor for leaks once every year) for the
valves subject to the requirements in Sec. 265.1057 of this subpart.
* * * * *
27. Section 265.1064 is amended by revising paragraphs (g)(6) and
(m) to read as follows:
Sec. 265.1064 Recordkeeping requirements.
* * * * *
(g) * * *
(6) Identification, either by list or location (area or group) of
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.
* * * * *
(m) The owner or operator of any facility with equipment that is
subject to this subpart and to leak detection, monitoring, and repair
requirements under regulations at 40 CFR part 60, part 61, or part 63
may elect to determine compliance with this subpart either by
documentation pursuant to Sec. 265.1064 of this subpart, or by
documentation of compliance with the regulations at 40 CFR part 60,
part 61, or part 63 pursuant to the relevant provisions of the
regulations at 40 part 60, part 61, or part 63. The documentation of
compliance under regulation at 40 CFR part 60, part 61, or part 63
shall be kept with or made readily available with the facility
operating record.
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
28. Section 265.1080 is amended by revising paragraphs (b)(1) and
the introductory paragraph of (c) to read as follows:
Sec. 265.1080 Applicability.
* * * * *
(b) * * *
(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.
* * * * *
(c) For the owner and operator of a facility subject to this
subpart who has received a final permit under RCRA section 3005 prior
to December 6, 1996, the following requirements apply:
* * * * *
29. Section 265.1081 is amended by revising the definition of ``In
light material service'' to read as follows:
Sec. 265.1081 Definitions.
* * * * *
In light material service means the container is used to manage a
material for which both of the following conditions apply: The vapor
pressure of one or more of the organic constituents in the material is
greater than 0.3 kilopascals (kPa) at 20 deg.C; and the total
concentration of the pure organic constituents having a vapor pressure
greater than 0.3 kPa at 20 deg.C is equal to or greater than 20
percent by weight.
* * * * *
30. Section 265.1082 is revised to read as follows:
Sec. 265.1082 Schedule for implementation of air emission standards.
(a) Owners or operators of facilities existing on December 6, 1996
and subject to subparts I, J, and K of this part shall meet the
following requirements:
(1) Install and begin operation of all control equipment or waste
management units required to comply with this subpart and complete
modifications of production or
[[Page 64663]]
treatment processes to satisfy exemption criteria in accordance with
Sec. 265.1083(c) of this subpart by December 6, 1996, except as
provided for in paragraph (a)(2) of this section.
(2) When control equipment or waste management units required to
comply with this subpart cannot be installed and in operation or
modifications of production or treatment processes to satisfy exemption
criteria in accordance with Sec. 265.1083(c) of this subpart cannot be
completed by December 6, 1996, the owner or operator shall:
(i) Install and begin operation of the control equipment and waste
management units, and complete modifications of production or treatment
processes as soon as possible but no later than December 8, 1997.
(ii) Prepare an implementation schedule that includes the following
information: specific calendar dates for award of contracts or issuance
of purchase orders for control equipment, waste management units, and
production or treatment process modifications; initiation of on-site
installation of control equipment or waste management units, and
modifications of production or treatment processes; completion of
control equipment or waste management unit installation, and production
or treatment process modifications; and performance of testing to
demonstrate that the installed equipment or waste management units, and
modified production or treatment processes meet the applicable
standards of this subpart.
(iii) For facilities subject to the recordkeeping requirements of
Sec. 265.73 of this part, the owner or operator shall enter the
implementation schedule specified in paragraph (a)(2)(ii) of this
section in the operating record no later than December 6, 1996.
(iv) For facilities not subject to Sec. 265.73 of this part, the
owner or operator shall enter the implementation schedule specified in
paragraph (a)(2)(ii) of this section in a permanent, readily available
file located at the facility no later than December 6, 1996.
(b) Owners or operators of facilities and units in existence on the
effective date of a statutory or EPA regulatory amendment that renders
the facility subject to subparts I, J, or K of this part shall meet the
following requirements:
(1) Install and begin operation of control equipment or waste
management units required to comply with this subpart, and complete
modifications of production or treatment processes to satisfy exemption
criteria of Sec. 265.1083(c) of this subpart by the effective date of
the amendment, except as provided for in paragraph (b)(2) of this
section.
(2) When control equipment or waste management units required to
comply with this subpart cannot be installed and begin operation, or
when modifications of production or treatment processes to satisfy
exemption criteria of Sec. 265.1083(c) of this subpart cannot be
completed by the effective date of the amendment, the owner or operator
shall:
(i) Install and begin operation of the control equipment or waste
management unit, and complete modification of production or treatment
processes as soon as possible but no later than 30 months after the
effective date of the amendment.
(ii) For facilities subject to the recordkeeping requirements of
Sec. 265.73 of this part, enter and maintain the implementation
schedule specified in paragraph (a)(2)(ii) of this section in the
operating record no later than the effective date of the amendment, or
(iii) For facilities not subject to Sec. 265.73 of this part, the
owner or operator shall enter and maintain the implementation schedule
specified in paragraph (a)(2)(ii) of this section in a permanent,
readily available file located at the facility site no later than the
effective date of the amendment.
(c) Owners and operators of facilities and units that become newly
subject to the requirements of this subpart after December 8, 1997 due
to an action other than those described in paragraph (b) of this
section must comply with all applicable requirements immediately (i.e.,
must have control devices installed and operating on the date the
facility or unit becomes subject to this subpart; the 30-month
implementation schedule does not apply).
(d) The Regional Administrator may elect to extend the
implementation date for control equipment at a facility, on a case by
case basis, to a date later than December 8, 1997, when special
circumstances that are beyond the facility owner's or operator's
control delay installation or operation of control equipment, and the
owner or operator has made all reasonable and prudent attempts to
comply with the requirements of this subpart.
31. Section 265.1083 is amended by revising paragraphs (b),
(c)(2)(i), (c)(2)(ix)(A), (c)(2)(ix)(B), (c)(3), and (c)(4)(ii) to read
as follows:
Sec. 265.1083 Standards: General.
* * * * *
(b) The owner or operator shall control air pollutant emissions
from each hazardous waste management unit in accordance with standards
specified in Secs. 265.1085 through 265.1088 of this subpart, as
applicable to the hazardous waste management unit, except as provided
for in paragraph (c) of this section.
(c) * * *
(2) * * *
(i) A process that removes or destroys the organics contained in
the hazardous waste to a level such that the average VO concentration
of the hazardous waste at the point of waste treatment is less than the
exit concentration limit (Ct) established for the process.
The average VO concentration of the hazardous waste at the point of
waste treatment and the exit concentration limit for the process shall
be determined using the procedures specified in Sec. 265.1084(b) of
this subpart.
* * * * *
(ix) * * *
(A) If Method 25D in 40 CFR part 60, appendix A is used for the
analysis, one-half the blank value determined in the method at section
4.4 of Method 25D in 40 CFR part 60, appendix A, or a value of 25 ppmw,
whichever is less.
(B) If any other analytical method is used, one-half the sum of the
limits of detection established for each organic constituent in the
waste that has a Henry's law constant value at least 0.1 mole-fraction-
in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can
also be expressed as 1.8 x 10-6 atmospheres/gram-mole/
m3] at 25 degrees Celsius.
(3) A tank or surface impoundment used for biological treatment of
hazardous waste in accordance with the requirements of paragraph
(c)(2)(iv) of this section.
(4) * * *
(ii) The organic hazardous constituents in the waste have been
treated by the treatment technology established by the EPA for the
waste in 40 CFR 268.42(a), or have been removed or destroyed by an
equivalent method of treatment approved by EPA pursuant to 40 CFR
268.42(b).
* * * * *
32. Section 265.1084 is amended by adding paragraphs (a)(3)(v) and
(b)(3)(v) and by revising paragraphs (a)(2), (a)(3)(ii)(B), (a)(3)(iii)
introductory text, (a)(3)(iii)(A), (a)(3)(iii)(F) introductory text,
(a)(3)(iii)(G), (a)(3)(iii)(G)(1), (a)(3)(iv), (a)(4)(iv), (b)(1),
(b)(3)(ii)(B), (b)(3)(iii) introductory text, (b)(3)(iii)(F)
introductory text, (b)(3)(iii)(G) introductory text, (b)(3)(iv),
(b)(8)(iii), (b)(9)(iv), and (d)(5)(ii) to read as follows:
Sec. 265.1084 Waste determination procedures.
(a)* * *
[[Page 64664]]
(2) For a waste determination that is required by paragraph (a)(1)
of this section, the average VO concentration of a hazardous waste at
the point of waste origination shall be determined using either direct
measurement as specified in paragraph (a)(3) of this section or by
knowledge as specified in paragraph (a)(4) of this section.
(3) * * *
(ii) * * *
(B) A sufficient number of samples, but no less than four samples,
shall be collected and analyzed for a hazardous waste determination.
The average of the four or more sample results constitutes a waste
determination for the waste stream. One or more waste determinations
may be required to represent the complete range of waste compositions
and quantities that occur during the entire averaging period due to
normal variations in the operating conditions for the source or process
generating the hazardous waste stream. Examples of such normal
variations are seasonal variations in waste quantity or fluctuations in
ambient temperature.
* * * * *
(iii) Analysis. Each collected sample shall be prepared and
analyzed in accordance with one or more of the methods listed in
paragraphs (a)(3)(iii)(A) through (a)(3)(iii)(I) of this section,
including appropriate quality assurance and quality control (QA/QC)
checks and use of target compounds for calibration. If Method 25D in 40
CFR part 60, appendix A is not used, then one or more methods should be
chosen that are appropriate to ensure that the waste determination
accounts for and reflects all organic compounds in the waste with
Henry's law constant values at least 0.1 mole-fraction-in-the-gas-
phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be
expressed as 1.8 x 10-6 atmospheres/gram-mole/m\3\] at 25
degrees Celsius. Each of the analytical methods listed in paragraphs
(a)(3)(iii)(B) through (a)(3)(iii)(G) of this section has an associated
list of approved chemical compounds, for which EPA considers the method
appropriate for measurement. If an owner or operator uses Method 624,
625, 1624, or 1625 in 40 CFR part 136, appendix A to analyze one or
more compounds that are not on that method's published list, the
Alternative Test Procedure contained in 40 CFR 136.4 and 136.5 must be
followed. If an owner or operator uses EPA Method 8260 or 8270 in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication SW-846, (incorporated by reference--refer to
Sec. 260.11(a) of this chapter) to analyze one or more compounds that
are not on that method's published list, the procedures in paragraph
(a)(3)(iii)(H) of this section must be followed. At the owner or
operator's discretion, the concentration of each individual chemical
constituent measured in the waste by a method other than Method 25D may
be corrected to the concentration had it been measured using Method 25D
by multiplying the measured concentration by the constituent-specific
adjustment factor (fm25D) as specified in paragraph
(a)(4)(iii) of this section. Constituent-specific adjustment factors
(fm25D) can be obtained by contacting the Waste and Chemical
Processes Group, Office of Air Quality Planning and Standards, Research
Triangle Park, NC 27711.
(A) Method 25D in 40 CFR part 60, appendix A.
* * * * *
(F) Method 8260 in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846 (incorporated by
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal
quality assurance program consistent with the requirements of Method
8260. The quality assurance program shall include the following
elements:
* * * * *
(G) Method 8270 in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846 (incorporated by
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal
quality assurance program consistent with the requirements of Method
8270. The quality assurance program shall include the following
elements:
(1) Documentation of site-specific procedures to minimize the loss
of compounds due to volatilization, biodegradation, reaction, or
sorption during the sample collection, storage, preparation,
introduction, and analysis steps.
* * * * *
(iv) Calculations.
(A) The average VO concentration (C) on a mass-weighted basis shall
be calculated by using the results for all waste determinations
conducted in accordance with paragraphs (a)(3) (ii) and (iii) of this
section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR08DE97.000
where:
C = Average VO concentration of the hazardous waste at the point of
waste origination on a mass-weighted basis, ppmw.
i = Individual waste determination ``i'' of the hazardous waste.
n = Total number of waste determinations of the hazardous waste
conducted for the averaging period (not to exceed 1 year).
Qi = Mass quantity of hazardous waste stream represented by
Ci, kg/hr.
QT = Total mass quantity of hazardous waste during the
averaging period, kg/hr.
Ci = Measured VO concentration of waste determination ``i''
as determined in accordance with the requirements of paragraph
(a)(3)(iii) of this section (i.e. the average of the four or more
samples specified in paragraph (a)(3)(ii)(B) of this section), ppmw.
(B) For the purpose of determining Ci, for individual
waste samples analyzed in accordance with paragraph (a)(3)(iii) of this
section, the owner or operator shall account for VO concentrations
determined to be below the limit of detection of the analytical method
by using the following VO concentration:
(1) If Method 25D in 40 CFR part 60, Appendix A is used for the
analysis, one-half the blank value determined in the method at section
4.4 of Method 25D in 40 CFR part 60, appendix A.
(2) If any other analytical method is used, one-half the sum of the
limits of detection established for each organic constituent in the
waste that has a Henry's law constant values at least 0.1 mole-
fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X)
[which can also be expressed as 1.8 x 10-6 atmospheres/gram-
mole/m3] at 25 degrees Celsius.
(v) Provided that the test method is appropriate for the waste as
required under paragraph (a)(3)(iii) of this section, the EPA will
determine compliance based on the test method used by the owner or
operator as recorded pursuant to Sec. 265.1090(f)(1) of this subpart.
[[Page 64665]]
(4) * * *
(iv) In the event that the Regional Administrator and the owner or
operator disagree on a determination of the average VO concentration
for a hazardous waste stream using knowledge, then the results from a
determination of average VO concentration using direct measurement as
specified in paragraph (a)(3) of this section shall be used to
establish compliance with the applicable requirements of this subpart.
The Regional Administrator may perform or request that the owner or
operator perform this determination using direct measurement. The owner
or operator may choose one or more appropriate methods to analyze each
collected sample in accordance with the requirements of paragraph
(a)(3)(iii) of this section.
(b) * * *
(1) An owner or operator shall perform the applicable waste
determination for each treated hazardous waste placed in a waste
management unit exempted under the provisions of Sec. 265.1083
(c)(2)(i) through (c)(2)(vi) of this subpart from using air emission
controls in accordance with standards specified in Secs. 265.1085
through 265.1088 of this subpart, as applicable to the waste management
unit.
* * * * *
(3) * * *
(ii) * * *
(B) A sufficient number of samples, but no less than four samples,
shall be collected and analyzed for a hazardous waste determination.
The average of the four or more sample results constitutes a waste
determination for the waste stream. One or more waste determinations
may be required to represent the complete range of waste compositions
and quantities that occur during the entire averaging period due to
normal variations in the operating conditions for the source or process
generating the hazardous waste stream. Examples of such normal
variations are seasonal variations in waste quantity or fluctuations in
ambient temperature.
* * * * *
(iii) Analysis. Each collected sample shall be prepared and
analyzed in accordance with one or more of the methods listed in
paragraphs (b)(3)(iii)(A) through (b)(3)(iii)(I) of this section,
including appropriate quality assurance and quality control (QA/QC)
checks and use of target compounds for calibration. When the owner or
operator is making a waste determination for a treated hazardous waste
that is to be compared to an average VO concentration at the point of
waste origination or the point of waste entry to the treatment system,
to determine if the conditions of Sec. 264.1082(c)(2)(i) through
(c)(2)(vi) of this part, or Sec. 265.1083(c)(2)(i) through (c)(2)(vi)
of this subpart are met, then the waste samples shall be prepared and
analyzed using the same method or methods as were used in making the
initial waste determinations at the point of waste origination or at
the point of entry to the treatment system. If Method 25D in 40 CFR
part 60, appendix A is not used, then one or more methods should be
chosen that are appropriate to ensure that the waste determination
accounts for and reflects all organic compounds in the waste with
Henry's law constant values at least 0.1 mole-fraction-in-the-gas-
phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be
expressed as 1.8 x 10-6 atmospheres/gram-mole/m3]
at 25 degrees Celsius. Each of the analytical methods listed in
paragraphs (b)(3)(iii)(B) through (b)(3)(iii)(G) of this section has an
associated list of approved chemical compounds, for which EPA considers
the method appropriate for measurement. If an owner or operator uses
Method 624, 625, 1624, or 1625 in 40 CFR part 136, appendix A to
analyze one or more compounds that are not on that method's published
list, the Alternative Test Procedure contained in 40 CFR 136.4 and
136.5 must be followed. If an owner or operator uses Method 8260 or
8270 in ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,'' EPA Publication SW-846, (incorporated by reference--refer to
Sec. 260.11(a) of this chapter) to analyze one or more compounds that
are not on that method's published list, the procedures in paragraph
(b)(3)(iii)(H) of this section must be followed. At the owner or
operator's discretion, the concentration of each individual chemical
constituent measured in the waste by a method other than Method 25D may
be corrected to the concentration had it been measured using Method 25D
by multiplying the measured concentration by the constituent-specific
adjustment factor (fm25D) as specified in paragraph
(b)(4)(iii) of this section. Constituent-specific adjustment factors
(fm25D) can be obtained by contacting the Waste and Chemical
Processes Group, Office of Air Quality Planning and Standards, Research
Triangle Park, NC 27711.
* * * * *
(F) Method 8260 in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846 (incorporated by
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal
quality assurance program consistent with the requirements of Method
8260. The quality assurance program shall include the following
elements:
* * * * *
(G) Method 8270 in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846 (incorporated by
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal
quality assurance program consistent with the requirements of Method
8270. The quality assurance program shall include the following
elements:
* * * * *
(iv) Calculations. The average VO concentration (C) on a mass-
weighted basis shall be calculated by using the results for all waste
determinations conducted in accordance with paragraphs (b)(3)(ii) and
(iii) of this section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR08DE97.001
where:
C=Average VO concentration of the hazardous waste at the point of waste
treatment on a mass-weighted basis, ppmw.
i=Individual waste determination ``i'' of the hazardous waste.
n=Total number of waste determinations of the hazardous waste conducted
for the averaging period (not to exceed 1 year).
Qi=Mass quantity of hazardous waste stream represented by
Ci, kg/hr.
QT=Total mass quantity of hazardous waste during the
averaging period, kg/hr.
Ci=Measured VO concentration of waste determination ``i'' as
determined in accordance with the requirements of paragraph (b)(3)(iii)
of this
[[Page 64666]]
section (i.e. the average of the four or more samples specified in
paragraph (b)(3)(ii)(B) of this section), ppmw.
(v) Provided that the test method is appropriate for the waste as
required under paragraph (b)(3)(iii) of this section, compliance shall
be determined based on the test method used by the owner or operator as
recorded pursuant to Sec. 265.1090(f)(1) of this subpart.
* * * * *
(8) * * *
(iii) The MR shall be calculated by using the mass flow rate
determined in accordance with the requirements of paragraph (b)(8)(ii)
of this section and the following equation:
MR=Eb-Ea
Where:
MR=Actual organic mass removal rate, kg/hr.
Eb=Waste volatile organic mass flow entering process as
determined in accordance with the requirements of paragraph (b)(5)(iv)
of this section, kg/hr.
Ea=Waste volatile organic mass flow exiting process as
determined in accordance with the requirements of paragraph (b)(5)(iv)
of this section, kg/hr.
* * * * *
(9) * * *
(iv) The MRbio shall be calculated by using the mass
flow rates and fraction of organic biodegraded determined in accordance
with the requirements of paragraphs (b)(9)(ii) and (b)(9)(iii) of this
section, respectively, and the following equation:
MRbio=Eb x Fbio
Where:
MRbio=Actual organic mass biodegradation rate, kg/hr.
Eb=Waste organic mass flow entering process as determined in
accordance with the requirements of paragraph (b)(5)(iv) of this
section, kg/hr.
Fbio=Fraction of organic biodegraded as determined in
accordance with the requirements of paragraph (b)(9)(iii) of this
section.
* * * * *
(d) * * *
(5) * * *
(ii) A mixture of methane or n-hexane and air at a concentration of
approximately, but less than, 10,000 ppmv methane or n-hexane.
* * * * *
33. Section 265.1085 is amended by revising the introductory text
of paragraph (c)(2)(iii), revising (c)(2)(iii)(B), adding paragraph
(e)(4), revising paragraph (f)(3)(i)(D)(4), adding paragraph (f)(4),
and adding paragraph (j)(2)(iii) to read as follows:
Sec. 265.1085 Standards: Tanks.
* * * * *
(c) * * *
(2) * * *
(iii) Each opening in the fixed roof, and any manifold system
associated with the fixed roof, shall be either:
* * * * *
(B) Connected by a closed-vent system that is vented to a control
device. The control device shall remove or destroy organics in the vent
stream, and shall be operating whenever hazardous waste is managed in
the tank, except as provided for in paragraphs (c)(2)(iii)(B)(1) and
(2) of this section.
(1) During periods it is necessary to provide access to the tank
for performing the activities of paragraph (c)(2)(iii)(B)(2) of this
section, venting of the vapor headspace underneath the fixed roof to
the control device is not required, opening of closure devices is
allowed, and removal of the fixed roof is allowed. Following completion
of the activity, the owner or operator shall promptly secure the
closure device in the closed position or reinstall the cover, as
applicable, and resume operation of the control device.
(2) During periods of routine inspection, maintenance, or other
activities needed for normal operations, and for the removal of
accumulated sludge or other residues from the bottom of the tank.
* * * * *
(e) * * *
(4) Safety devices, as defined in Sec. 265.1081 of this subpart,
may be installed and operated as necessary on any tank complying with
the requirements of paragraph (e) of this section.
(f) * * *
(3) * * *
(i) * * *
(D) * * *
(4) The total gap area shall be calculated by adding the gap
surface areas determined for each identified gap location for the
primary seal and the secondary seal individually, and then dividing the
sum for each seal type by the nominal diameter of the tank. These total
gap areas for the primary seal and secondary seal are then compared to
the respective standards for the seal type as specified in paragraph
(f)(1)(ii) of this section.
* * * * *
(4) Safety devices, as defined in 40 CFR 265.1081, may be installed
and operated as necessary on any tank complying with the requirements
of paragraph (f) of this section.
* * * * *
(j) * * *
(2) * * *
(iii) The hazardous waste meets the requirements of
Sec. 265.1083(c)(4) of this subpart.
* * * * *
34. Section 265.1086 is amended by revising paragraphs (b)(2),
(d)(1)(iii), and (d)(2)(i)(B) and adding paragraph (e)(2)(iii) to read
as follows:
Sec. 265.1086 Standards: Surface impoundments.
* * * * *
(b) * * *
(2) A cover that is vented through a closed-vent system to a
control device in accordance with the requirements specified in
paragraph (d) of this section.
* * * * *
(d) * * *
(1) * * *
(iii) The cover and its closure devices shall be made of suitable
materials that will minimize exposure of the hazardous waste to the
atmosphere, to the extent practical, and will maintain the integrity of
the cover and closure devices throughout their intended service life.
Factors to be considered when selecting the materials of construction
and designing the cover and closure devices shall include: Organic
vapor permeability; the effects of any contact with the liquid or its
vapors managed in the surface impoundment; the effects of outdoor
exposure to wind, moisture, and sunlight; and the operating practices
used for the surface impoundment on which the cover is installed.
* * * * *
(2) * * *
(i) * * *
(B) To remove accumulated sludge or other residues from the bottom
of the surface impoundment.
* * * * *
(e) * * *
(2) * * *
(iii) The hazardous waste meets the requirements of
Sec. 265.1083(c)(4) of this subpart.
* * * * *
35. Section 265.1087 is amended by revising paragraphs (c)(4)(i),
(d)(4)(i), and the introductory text of paragraph (g) to read as
follows:
Sec. 265.1087 Standards: Containers.
* * * * *
(c) * * *
(4) * * *
(i) In the case when a hazardous waste already is in the container
at the time
[[Page 64667]]
the owner or operator first accepts possession of the container at the
facility and the container is not emptied within 24 hours after the
container is accepted at the facility (i.e., does not meet the
conditions for an empty container as specified in 40 CFR 261.7(b)), the
owner or operator shall visually inspect the container and its cover
and closure devices to check for visible cracks, holes, gaps, or other
open spaces into the interior of the container when the cover and
closure devices are secured in the closed position. The container
visual inspection shall be conducted on or before the date that the
container is accepted at the facility (i.e., the date the container
becomes subject to the subpart CC container standards). For purposes of
this requirement, the date of acceptance is the date of signature that
the facility owner or operator enters on Item 20 of the Uniform
Hazardous Waste Manifest in the appendix to 40 CFR part 262 (EPA Forms
8700-22 and 8700-22A), as required under subpart E of this part, at 40
CFR 265.71. If a defect is detected, the owner or operator shall repair
the defect in accordance with the requirements of paragraph (c)(4)(iii)
of this section.
* * * * *
(d) * * *
(4) * * *
(i) In the case when a hazardous waste already is in the container
at the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied within 24
hours after the container is accepted at the facility (i.e., does not
meet the conditions for an empty container as specified in 40 CFR
261.7(b)), the owner or operator shall visually inspect the container
and its cover and closure devices to check for visible cracks, holes,
gaps, or other open spaces into the interior of the container when the
cover and closure devices are secured in the closed position. The
container visual inspection shall be conducted on or before the date
that the container is accepted at the facility (i.e., the date the
container becomes subject to the subpart CC container standards). For
purposes of this requirement, the date of acceptance is the date of
signature that the facility owner or operator enters on Item 20 of the
Uniform Hazardous Waste Manifest in the appendix to 40 CFR part 262
(EPA Forms 8700-22 and 8700-22A), as required under subpart E of this
part, at Sec. 265.71. If a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (d)(4)(iii) of this section.
* * * * *
(g) To determine compliance with the no detectable organic
emissions requirements of paragraph (d)(1)(ii) of this section, the
procedure specified in Sec. 265.1084(d) of this subpart shall be used.
* * * * *
36. Section 265.1088 is amended by revising paragraphs (c)(3)(ii)
and (c)(7) to read as follows:
Sec. 265.1088 Standards: Closed-vent systems and control devices.
* * * * *
(c) * * *
(3) * * *
(ii) All carbon that is a hazardous waste and that is removed from
the control device shall be managed in accordance with the requirements
of 40 CFR 265.1033(m), regardless of the average volatile organic
concentration of the carbon.
* * * * *
(7) The closed-vent system and control device shall be inspected
and monitored by the owner or operator in accordance with the
procedures specified in 40 CFR 265.1033(f)(2) and 40 CFR 265.1033(k).
The readings from each monitoring device required by 40 CFR
265.1033(f)(2) shall be inspected at least once each operating day to
check control device operation. Any necessary corrective measures shall
be immediately implemented to ensure the control device is operated in
compliance with the requirements of this section.
37. Section 265.1090 is amended by revising paragraphs (a),
(b)(1)(ii)(B), and (f)(1) and adding paragraph (j) to read as follows:
Sec. 265.1090 Recordkeeping requirements.
(a) Each owner or operator of a facility subject to requirements in
this subpart shall record and maintain the information specified in
paragraphs (b) through (j) of this section, as applicable to the
facility. Except for air emission control equipment design
documentation and information required by paragraphs (i) and (j) of
this section, records required by this section shall be maintained in
the operating record for a minimum of 3 years. Air emission control
equipment design documentation shall be maintained in the operating
record until the air emission control equipment is replaced or
otherwise no longer in service. Information required by paragraphs (i)
and (j) of this section shall be maintained in the operating record for
as long as the waste management unit is 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) or
Sec. 265.1080(b)(7) of this subpart, respectively.
(b) * * *
(1) * * *
(ii) * * *
(B) For each defect detected during the inspection: The location of
the defect, a description of the defect, the date of detection, and
corrective action taken to repair the defect. In the event that repair
of the defect is delayed in accordance with the provisions of
Sec. 265.1085 of this subpart, the owner or operator shall also record
the reason for the delay and the date that completion of repair of the
defect is expected.
* * * * *
(f) * * *
(1) For tanks, surface impoundments, or containers exempted under
the hazardous waste organic concentration conditions specified in
Sec. 265.1083(c)(1) or Sec. 265.1084(c)(2)(i) through (c)(2)(vi) of
this subpart, the owner or operator shall record the information used
for each waste determination (e.g., test results, measurements,
calculations, and other documentation) in the facility operating log.
If analysis results for waste samples are used for the waste
determination, then the owner or operator shall record the date, time,
and location that each waste sample is collected in accordance with
applicable requirements of Sec. 265.1084 of this subpart.
* * * * *
(j) For each hazardous waste management unit not using air emission
controls specified in Secs. 265.1085 through 265.1088 of this subpart
in accordance with the provisions of Sec. 265.1080(b)(7) of this
subpart, the owner and operator shall record and maintain the following
information:
(1) Certification that the waste management unit 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.
(2) Identification of the specific requirements codified under 40
CFR part 60, part 61, or part 63 with which the waste management unit
is in compliance.
* * * * *
38. Part 265, Appendix VI is revised to read as follows:
[[Page 64668]]
Appendix VI to Part 265--Compounds With Henry's Law Constant Less
Than 0.1 Y/X
------------------------------------------------------------------------
Compound name CAS No.
------------------------------------------------------------------------
Acetaldol.................................................. 107-89-1
Acetamide.................................................. 60-35-5
2-Acetylaminofluorene...................................... 53-96-3
3-Acetyl-5-hydroxypiperidine...............................
3-Acetylpiperidine......................................... 618-42-8
1-Acetyl-2-thiourea........................................ 591-08-2
Acrylamide................................................. 79-06-1
Acrylic acid............................................... 79-10-7
Adenine.................................................... 73-24-5
Adipic acid................................................ 124-04-9
Adiponitrile............................................... 111-69-3
Alachlor................................................... 15972-60-8
Aldicarb................................................... 116-06-3
Ametryn.................................................... 834-12-8
4-Aminobiphenyl............................................ 92-67-1
4-Aminopyridine............................................ 504-24-5
Aniline.................................................... 62-53-3
o-Anisidine................................................ 90-04-0
Anthraquinone.............................................. 84-65-1
Atrazine................................................... 1912-24-9
Benzenearsonic acid........................................ 98-05-5
Benzenesulfonic acid....................................... 98-11-3
Benzidine.................................................. 92-87-5
Benzo(a)anthracene......................................... 56-55-3
Benzo(k)fluoranthene....................................... 207-08-9
Benzoic acid............................................... 65-85-0
Benzo(g,h,i)perylene....................................... 191-24-2
Benzo(a)pyrene............................................. 50-32-8
Benzyl alcohol............................................. 100-51-6
gamma-BHC.................................................. 58-89-9
Bis(2-ethylhexyl)phthalate................................. 117-81-7
Bromochloromethyl acetate..................................
Bromoxynil................................................. 1689-84-5
Butyric acid............................................... 107-92-6
Caprolactam (hexahydro-2H-azepin-2-one).................... 105-60-2
Catechol (o-dihydroxybenzene).............................. 120-80-9
Cellulose.................................................. 9004-34-6
Cell wall..................................................
Chlorhydrin (3-Chloro-1,2-propanediol)..................... 96-24-2
Chloroacetic acid.......................................... 79-11-8
2-Chloroacetophenone....................................... 93-76-5
p-Chloroaniline............................................ 106-47-8
p-Chlorobenzophenone....................................... 134-85-0
Chlorobenzilate............................................ 510-15-6
p-Chloro-m-cresol (6-chloro-m-cresol)...................... 59-50-7
3-Chloro-2,5-diketopyrrolidine.............................
Chloro-1,2-ethane diol.....................................
4-Chlorophenol............................................. 106-48-9
Chlorophenol polymers (2-chlorophenol & 4-chlorophenol).... 95-57-8 &
106-48-9
1-(o-Chlorophenyl)thiourea................................. 5344-82-1
Chrysene................................................... 218-01-9
Citric acid................................................ 77-92-9
Creosote................................................... 8001-58-9
m-Cresol................................................... 108-39-4
o-Cresol................................................... 95-48-7
p-Cresol................................................... 106-44-5
Cresol (mixed isomers)..................................... 1319-77-3
4-Cumylphenol.............................................. 27576-86
Cyanide.................................................... 57-12-5
4-Cyanomethyl benzoate.....................................
Diazinon................................................... 333-41-5
Dibenzo(a,h)anthracene..................................... 53-70-3
Dibutylphthalate........................................... 84-74-2
2,5-Dichloroaniline (N,N'-dichloroaniline)................. 95-82-9
2,6-Dichlorobenzonitrile11................................. 1194-65-6
2,6-Dichloro-4-nitroaniline................................ 99-30-9
2,5-Dichlorophenol......................................... 333-41-5
3,4-Dichlorotetrahydrofuran................................ 3511-19
Dichlorvos (DDVP).......................................... 62737
Diethanolamine............................................. 111-42-2
N,N-Diethylaniline......................................... 91-66-7
[[Page 64669]]
Diethylene glycol.......................................... 111-46-6
Diethylene glycol dimethyl ether (dimethyl Carbitol)....... 111-96-6
Diethylene glycol monobutyl ether (butyl Carbitol)......... 112-34-5
Diethylene glycol monoethyl ether acetate (Carbitol
acetate).................................................. 112-15-2
Diethylene glycol monoethyl ether (Carbitol Cellosolve).... 111-90-0
Diethylene glycol monomethyl ether (methyl Carbitol)....... 111-77-3
N,N'-Diethylhydrazine...................................... 1615-80-1
Diethyl (4-methylumbelliferyl) thionophosphate............. 299-45-6
Diethyl phosphorothioate................................... 126-75-0
N,N'-Diethylpropionamide................................... 15299-99-7
Dimethoate................................................. 60-51-5
2,3-Dimethoxystrychnidin-10-one............................ 357-57-3
4-Dimethylaminoazobenzene.................................. 60-11-7
7,12-Dimethylbenz(a)anthracene............................. 57-97-6
3,3-Dimethylbenzidine...................................... 119-93-7
Dimethylcarbamoyl chloride................................. 79-44-7
Dimethyldisulfide.......................................... 624-92-0
Dimethylformamide.......................................... 68-12-2
1,1-Dimethylhydrazine...................................... 57-14-7
Dimethylphthalate.......................................... 131-11-3
Dimethylsulfone............................................ 67-71-0
Dimethylsulfoxide.......................................... 67-68-5
4,6-Dinitro-o-cresol....................................... 534-52-1
1,2-Diphenylhydrazine...................................... 122-66-7
Dipropylene glycol (1,1'-oxydi-2-propanol)................. 110-98-5
Endrin..................................................... 72-20-8
Epinephrine................................................ 51-43-4
mono-Ethanolamine.......................................... 141-43-5
Ethyl carbamate (urethane)................................. 5-17-96
Ethylene glycol............................................ 107-21-1
Ethylene glycol monobutyl ether (butyl Cellosolve)......... 111-76-2
Ethylene glycol monoethyl ether (Cellosolve)............... 110-80-5
Ethylene glycol monoethyl ether acetate (Cellosolve
acetate).................................................. 111-15-9
Ethylene glycol monomethyl ether (methyl Cellosolve)....... 109-86-4
Ethylene glycol monophenyl ether (phenyl Cellosolve)....... 122-99-6
Ethylene glycol monopropyl ether (propyl Cellosolve)....... 2807-30-9
Ethylene thiourea (2-imidazolidinethione).................. 9-64-57
4-Ethylmorpholine.......................................... 100-74-3
3-Ethylphenol.............................................. 620-17-7
Fluoroacetic acid, sodium salt............................. 62-74-8
Formaldehyde............................................... 50-00-0
Formamide.................................................. 75-12-7
Formic acid................................................ 64-18-6
Fumaric acid............................................... 110-17-8
Glutaric acid.............................................. 110-94-1
Glycerin (Glycerol)........................................ 56-81-5
Glycidol................................................... 556-52-5
Glycinamide................................................ 598-41-4
Glyphosate................................................. 1071-83-6
Guthion.................................................... 86-50-0
Hexamethylene-1,6-diisocyanate (1,6-diisocyanatohexane).... 822-06-0
Hexamethyl phosphoramide................................... 680-31-9
Hexanoic acid.............................................. 142-62-1
Hydrazine.................................................. 302-01-2
Hydrocyanic acid........................................... 74-90-8
Hydroquinone............................................... 123-31-9
Hydroxy-2-propionitrile (hydracrylonitrile)................ 109-78-4
Indeno (1,2,3-cd) pyrene................................... 193-39-5
Lead acetate............................................... 301-04-2
Lead subacetate (lead acetate, monobasic).................. 1335-32-6
Leucine.................................................... 61-90-5
Malathion.................................................. 121-75-5
Maleic acid................................................ 110-16-7
Maleic anhydride........................................... 108-31-6
Mesityl oxide.............................................. 141-79-7
Methane sulfonic acid...................................... 75-75-2
Methomyl................................................... 16752-77-5
p-Methoxyphenol............................................ 150-76-5
Methyl acrylate............................................ 96-33-3
4,4'-Methylene-bis-(2-chloroaniline)....................... 101-14-4
4,4'-Methylenediphenyl diisocyanate (diphenyl methane
diisocyanate)............................................. 101-68-8
4,4'-Methylenedianiline.................................... 101-77-9
Methylene diphenylamine (MDA)..............................
5-Methylfurfural........................................... 620-02-0
[[Page 64670]]
Methylhydrazine............................................ 60-34-4
Methyliminoacetic acid.....................................
Methyl methane sulfonate................................... 66-27-3
1-Methyl-2-methoxyaziridine................................
Methylparathion............................................ 298-00-0
Methyl sulfuric acid (sulfuric acid, dimethyl ester)....... 77-78-1
4-Methylthiophenol......................................... 106-45-6
Monomethylformamide (N-methylformamide).................... 123-39-7
Nabam...................................................... 142-59-6
alpha-Naphthol............................................. 90-15-3
beta-Naphthol.............................................. 135-19-3
alpha-Naphthylamine........................................ 134-32-7
beta-Naphthylamine......................................... 91-59-8
Neopentyl glycol (dimethylolpropane)....................... 126-30-7
Niacinamide................................................ 98-92-0
o-Nitroaniline............................................. 88-74-4
Nitroglycerin.............................................. 55-63-0
2-Nitrophenol.............................................. 88-75-5
4-Nitrophenol.............................................. 100-02-7
N-Nitrosodimethylamine..................................... 62-75-9
Nitrosoguanidine........................................... 674-81-7
N-Nitroso-n-methylurea..................................... 684-93-5
N-Nitrosomorpholine (4-nitrosomorpholine).................. 59-89-2
Oxalic acid................................................ 144-62-7
Parathion.................................................. 56-38-2
Pentaerythritol............................................ 115-77-5
Phenacetin................................................. 62-44-2
Phenol..................................................... 108-95-2
Phenylacetic acid.......................................... 103-82-2
m-Phenylene diamine........................................ 108-45-2
o-Phenylene diamine........................................ 95-54-5
p-Phenylene diamine........................................ 106-50-3
Phenyl mercuric acetate.................................... 62-38-4
Phorate.................................................... 298-02-2
Phthalic anhydride......................................... 85-44-9
alpha-Picoline (2-methyl pyridine)......................... 109-06-8
1,3-Propane sulfone........................................ 1120-71-4
beta-Propiolactone......................................... 57-57-8
Proporur (Baygon)..........................................
Propylene glycol........................................... 57-55-6
Pyrene..................................................... 129-00-0
Pyridinium bromide......................................... 39416-48-3
Quinoline.................................................. 91-22-5
Quinone (p-benzoquinone)................................... 106-51-4
Resorcinol................................................. 108-46-3
Simazine................................................... 122-34-9
Sodium acetate............................................. 127-09-3
Sodium formate............................................. 141-53-7
Strychnine................................................. 57-24-9
Succinic acid.............................................. 110-15-6
Succinimide................................................ 123-56-8
Sulfanilic acid............................................ 121-47-1
Terephthalic acid.......................................... 100-21-0
Tetraethyldithiopyrophosphate.............................. 3689-24-5
Tetraethylenepentamine..................................... 112-57-2
Thiofanox.................................................. 39196-18-4
Thiosemicarbazide.......................................... 79-19-6
2,4-Toluenediamine......................................... 95-80-7
2,6-Toluenediamine......................................... 823-40-5
3,4-Toluenediamine......................................... 496-72-0
2,4-Toluene diisocyanate................................... 584-84-9
p-Toluic acid.............................................. 99-94-5
m-Toluidine................................................ 108-44-1
1,1,2-Trichloro-1,2,2-trifluoroethane...................... 76-13-1
Triethanolamine............................................ 102-71-6
Triethylene glycol dimethyl ether..........................
Tripropylene glycol........................................ 24800-44-0
Warfarin................................................... 81-81-2
3,4-Xylenol (3,4-dimethylphenol)........................... 95-65-8
------------------------------------------------------------------------
[[Page 64671]]
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
PERMIT PROGRAM
39. The authority citation for part 270 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and
6974.
Subpart B--Permit Application
40. Section 270.14 is amended by revising paragraph (b)(5) to read
as follows:
Sec. 270.14 Contents of part B: General requirements.
* * * * *
(b) * * *
(5) A copy of the general inspection schedule required by
Sec. 264.15(b) of this part. Include where applicable, as part of the
inspection schedule, specific requirements in Secs. 264.174,
264.193(i), 264.195, 264.226, 264.254, 264.273, 264.303, 264.602,
264.1033, 264.1052, 264.1053, 264.1058, 264.1084, 264.1085, 264.1086,
and 264.1088 of this part.
* * * * *
[FR Doc. 97-31792 Filed 12-5-97; 8:45 am]
BILLING CODE 6560-50-P
