[Federal Register Volume 64, Number 13 (Thursday, January 21, 1999)]
[Rules and Regulations]
[Pages 3382-3391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1335]
[[Page 3381]]
_______________________________________________________________________
Part V
Environmental Protection Agency
_______________________________________________________________________
40 CFR Parts 262, 264, and 265
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. 64, No. 13 / Thursday, January 21, 1999 /
Rules and Regulations
[[Page 3382]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 262, 264, and 265
[IL-64-2-5807; FRL-6221-9]
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 reestablishes
certain regulatory provisions that were previously contained in the
rules and later inadvertently removed.
DATES: These amendments are effective January 21, 1999.
ADDRESSES: 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:
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
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 in the table 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 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
[[Page 3383]]
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@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 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, i.e., 60 FR 26828, May 19, 1995; 60 FR 56952, November 13, 1995;
61 FR 28508, June 5, 1996; 61 FR 59931, November 25, 1996). The
November 1996 notice 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 1997, the EPA 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.
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.
On December 8, 1997, the EPA published a Federal Register document
(62 FR 64636), ``Final rule; clarification and technical amendment''
that amended provisions of the final subparts AA, BB, CC rules 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.
Today's action makes technical amendments to the final subpart AA
and CC rules in order to further clarify the regulatory text of the
final standards; interpret those standards; and correct typographical,
printing, and grammatical errors.
Outline.
The information presented in this preamble is organized as follows:
I. Part 262--Standards Applicable to Generators of Hazardous Waste
II. Subpart AA: Air Emission Standards for Process Vents
III. Subpart CC--Air Emission Standards for Tanks, Surface
Impoundments, and Containers
A. Applicability
B. Waste Determination Procedures
C. Standards: Tanks
D. Standards: Containers
IV. Administrative Requirements
A. Docket
B. Paperwork Reduction Act
C. Executive Order 12866
D. Regulatory Flexibility
E. Unfunded Mandates Reform Act
F. Executive Order 13045
G. National Technology Transfer and Advancement Act
H. Enhancing the Intergovernmental Partnership Under Executive
Order 12875
I. Executive Order 13084: Consultation and Coordination with
Indian Tribal Governments
J. Submission to Congress and the General Accounting Office
K. Pollution Prevention Act
L. Immediate Effective Date
V. Legal Authority
I. Subpart B--General Facility Standards
Today's action replaces the references to the subpart AA, BB, and
CC standards in Secs. 262.34(a)(1)(i) and 262.34(a)(1)(ii) as standards
that must be met as conditions where a generator may accumulate
hazardous waste on-site for 90 days or less without a RCRA permit or
without having interim status. The references to subparts AA, BB, and
CC were removed mistakenly by the November 25, 1996, Federal Register
notice (61 FR 59950). At the time, it was thought that, since the
subparts were also referenced in Subpart I--Use and Management of
Containers at Sec. 264.179 and in Subpart J--Tank Systems at
Sec. 264.200, the references in Sec. 262.34, Accumulation time, were
redundant. It was later determined that the references to subparts AA,
BB, and CC are needed for clarity and the permit exemption criteria are
being replaced by today's notice.
II. Subpart AA: Air Emission Standards for Process Vents
The definition of ``equipment'' contained in subpart AA at
Sec. 254.1031 is being revised to include ``other connectors'' in the
list of components that are considered equipment under the subpart BB
Air Emission Standards
[[Page 3384]]
for Equipment Leaks. The applicability section of the subpart BB rules
states that the ``subpart applies to equipment that contains or
contacts hazardous waste * * *'' However, when the subpart BB rules
were originally promulgated in June of 1990 (55 FR 25495) the term
``other connectors'' was inadvertently left out of the equipment
definition; this has caused some uncertainty regarding applicability of
the rule to other connectors. Nonetheless, it is clear that the EPA
intended other connectors to be included in the list of equipment
covered by the rule. This is demonstrated by the fact that the term
``other connectors'' is used throughout Sec. 264.1058 and Sec. 265.1058
of the subpart BB standards whenever the equipment that is covered by
this section of the rule is listed. Also, the preamble to the final
subpart BB rules in Section V.C (i.e., Applicability and Requirements
of Today's Final Standards) clearly states in discussing affected
equipment at 55 FR 25465 (June 21, 1990) that ``* * * flanges and other
connectors must be monitored within 5 days by Reference Method 21 if
evidence of a potential leak is found * * *'' In addition, the original
Clean Air Act equipment leak rules (i.e., subpart VV in 40 CFR 60.481)
that served as the technical basis for the RCRA subpart BB equipment
leak standards do include the term ``other connector'' in the
definition of equipment subject to the rule. To correct this oversight,
the definition of ``equipment'' contained in subpart AA at
Sec. 254.1031 is being revised to include ``other connectors'' in the
list of components that are considered equipment under subpart BB.
The definition for ``open-ended valve or line'' is being amended to
replace the term ``process fluid'' with the words ``hazardous waste.''
The definition has included the term ``process fluid'' to characterize
an open-ended valve or line since the rule was originally published on
June 21, 1990 (55 FR 25495); i.e., ``* * * one side of the valve seat
in contact with process fluid and one side open to the atmosphere * *
*'' It was recently brought to the EPA's attention that the definition
should use the term ``hazardous waste'' rather than ``process fluid'',
since the subpart BB rules only apply to equipment (e.g., an open-ended
valve or line) that contains or contacts hazardous waste as stated in
the applicability sections at Sec. 264.1050(b) and Sec. 265.1050(b). In
addition, the RCRA air rules for open-ended valves or lines (at
Sec. 264.1056 and Sec. 265.1056) clearly refer to the material or fluid
in the valve or line as being hazardous waste. Therefore, as a part of
today's action the definition is being revised to avoid any confusion
regarding what constitutes an open-ended line or valve.
Also within subpart AA, a definition is being added for ``sampling
connection system.'' This is being done in order to clarify the
difference between a ``sampling connection'' and an ``open-ended line''
which have significantly different technical requirements under the
subpart BB rules. There has been some confusion regarding open-ended
lines being considered as sampling connections and the new definition
should eliminate any potential for overlap.
III. Subpart CC--Air Emission Standards for Tanks, Surface
Impoundments, and Containers
A. Applicability
In today's action, the EPA is amending paragraph (b)(5) of
Sec. 264.1080 and Sec. 265.1080 to clarify that waste management units
that are used solely for on-site treatment or storage of hazardous
waste that is ``placed in the unit'' as a result of implementing
Federally required remedial activities are exempt from the requirements
of subpart CC. The language originally used in this paragraph stated
that the hazardous waste must be ``generated'' as a result of
implementing Federally required remedial activities. The word
``generated'' does carry a certain programmatic connotation; therefore,
the word ``generated'' is being replaced because of the potential
confusion caused by some of the regulated community taking a strictly
regulatory interpretation of the term ``generated'' (i.e. viewing it as
a term of art) rather than a more literal, plain English interpretation
as was intended by the EPA in this context. For example, under the RCRA
regulations, section 260.10, the term ``generate'' carries a particular
legal context which was not intended to be strictly applied in this
paragraph. Therefore, the word ``generated'' is being replaced to avoid
any misinterpretation.
B. Waste Determination Procedures
Paragraph (a)(1)(i) of Sec. 264.1083 and Sec. 265.1084 is being
amended to add new paragraphs (i) and (ii) that affect the requirements
for when an owner or operator must make a determination of the volatile
organic (VO) concentration of the waste stream. These new paragraphs
effectively reestablish the previously contained requirements for
determining VO concentration for hazardous wastes placed in a waste
management unit exempted from using subpart CC air emission controls
because the waste has an average VO concentration at the point of waste
origination less than the action level of 500 ppmw.
As originally published, the subpart CC rules required that an
initial determination of the average VO concentration of the hazardous
waste stream be made before the first time any portion of the waste is
placed in a waste management unit exempted from subpart CC air emission
controls under the action level criteria. (See Sec. 264.1083(a)(1),
Sec. 265.1084(a)(1), Sec. 265.1084(a)(2)(i)(A),
Sec. 265.1084(a)(2)(ii)(A), Sec. 265.1084(a)(3)(i)(A), and
Sec. 265.1084(a)(3)(ii) in 59 FR 62938 through 62939, December 6,
1994.) Thereafter, a determination of the VO concentration was required
for each averaging period that a hazardous waste is managed in the
unit. (See Sec. 265.1084(a)(5)(ii) in 59 FR 62939, December 6, 1994.)
In addition, the owner or operator was required to perform a new
determination of the hazardous waste's VO concentration whenever
changes to the source generating the waste stream were reasonably
likely to cause the average VO concentration of the hazardous waste to
increase to a level that is equal to or greater than the applicable VO
concentration action level or concentration limits. (See
Sec. 265.1084(a)(2)(i)(B), Sec. 265.1084(a)(2)(ii)(B), and
Sec. 265.1084(a)(3)(i)(B) in 59 FR 62939, December 6, 1994.)
In November 1996, the EPA expanded and reorganized the waste
determination procedures in Sec. 264.1083 and Sec. 265.1084 to allow
various test methods other than Method 25D to be used as direct
measurement in a waste determination. At this time, the EPA also
revised the waste determination procedures such that, for both point of
waste origination and point of waste treatment, no distinction was made
for batch or continuous processes or for whether the owner or operator
is the generator or receives the waste from off-site. In making these
changes, the EPA inadvertently removed the requirements, in paragraphs
(2) and (3) of Sec. 265.1084(a) and in paragraph
Sec. 265.1084(a)(5)(ii), for when a determination of VO concentration
is required. Today's amendments reestablish those requirements
specifying when an owner or operator must determine the VO
concentration of a hazardous waste stream.
Under the restored language in today's amendments, the owner or
operator must perform an initial
[[Page 3385]]
determination of the average VO concentration of the hazardous waste
stream before the first time any portion of the waste is placed in a
waste management unit exempted from subpart CC air emission controls
under the action level criteria. Following the initial VO concentration
determination, a determination of the VO concentration is required for
each averaging period that a hazardous waste is managed in the unit.
This means that the owner or operator must have a current and up-to-
date VO concentration determination on record for each hazardous waste
stream managed in a waste management unit exempted from subpart CC air
emission controls under the action level criteria. This VO
concentration determination must reflect the VO concentration of the
waste currently managed in the unit over the time frame covered by the
specified averaging period.
In addition, the owner or operator is required to perform a new
determination of the hazardous waste's VO concentration whenever
changes to the source generating the waste stream are reasonably likely
to cause the average VO concentration of the hazardous waste to
increase to a level that is equal to or greater than the applicable VO
concentration action level or concentration limits.
The following example illustrates the requirement that the owner or
operator have an initial as well as a current and up-to-date VO
concentration determination on record for each hazardous waste stream
managed in a waste management unit exempted from subpart CC air
emission controls under the action level criteria. Assume that a TSDF
owner has a production process that continuously generates a hazardous
waste. Just prior to December 6, 1996, the effective date of the rule,
the TSDF owner determines by direct measurement using Method 25D that,
using a 6-month averaging period, the particular hazardous waste stream
had an average VO concentration of 250 ppmw at the point of waste
origination. The owner then records that for the 6-month period
beginning with December 6, 1996, this particular generated waste stream
has an average VO concentration of 250 ppmw; this serves as the initial
determination of VO concentration as required under
Sec. 265.1084(a)(1)(i) in today's amendments.
Because the example waste stream has a VO concentration less than
the action level of 500 ppmw, the owner manages the hazardous waste in
a unit that is not equipped with subpart CC air emission controls.
Under the requirements being reestablished in today's amendments, by
June 6, 1997 (i.e., the end of the first 6-month averaging period) the
owner must perform a new waste VO concentration determination for the
next 6-month averaging period that would run from June 6 to December 6,
1997. In this example, the owner now elects to perform the new VO
concentration determination using knowledge of the waste rather than
using direct measurement as was done previously using Method 25D. The
owner however does use the results of the first direct measurement,
together with process engineering knowledge and experience (e.g., no
change has been made to the raw materials or process technology for the
steady-state production operation generating the waste) as the basis
for the ``knowledge'' based VO concentration determination. Therefore,
the owner records that for the 6-month averaging from June 6 to
December 6, 1997, this particular waste stream has an average VO
concentration of 250 ppmw. This waste VO concentration determination
meets the requirements in Sec. 265.1084(a)(1)(i) of today's amendments
that a VO concentration determination be made for each averaging period
that a hazardous waste is managed in a unit exempt from air emission
controls under the action level criteria.
To continue the example, the owner repeats this same process for
the averaging period that runs from December 6, 1997, to June 6, 1998.
However, in April 1998, the owner modifies the production process and
determines that this modification has the potential to cause the
average VO concentration of the hazardous waste generated to increase
to a level that is equal to or greater than the 500 pppmw action level.
In this situation, under the requirements reestablished by today's
action, the owner would be required to perform a new determination of
the average VO concentration because of the changes to the source
generating the waste. (See Sec. 265.1084(a)(1)(ii) in today's
amendments.)
Without today's amendments to the waste determination requirements
of subpart CC, there is effectively no requirement (or guidance)
provided within the rules as to when an owner or operator must
determine the VO concentration of a hazardous waste stream. This was
not EPA's intent. We intended that the owner or operator maintain a
current VO concentration determination for each averaging period. This
is clearly illustrated by the preamble discussion in the December 6,
1994 Federal Register notice, which states (at 59 FR 62916): ``If an
average volatile organic concentration is used, an initial waste
determination must be performed for each averaging period.'' Today's
amendments reestablish requirements specifying when an owner or
operator must determine the VO concentration of a hazardous waste
stream.
In other changes to the waste determination provisions of subpart
CC, the EPA is amending the waste sampling provisions of the rule to
clarify requirements related to the sampling period. In November 1996,
the EPA expanded and reorganized the waste determination procedures in
Sec. 264.1083 and Sec. 265.1084; the requirements regarding sampling of
the hazardous waste stream for a direct measurement of the VO
concentration were also revised and reformatted. In doing so,
provisions previously in the rule at Sec. 265.1084(a)(5)(iv)(A) and
Sec. 265.1084(b)(4)(iv)(A) (see 59 FR 62939 and 59 FR 62941, December
6, 1994), requiring that all waste samples for a particular waste
determination be collected within a 1-hour period and that information
on waste quantity and operating conditions relative to the waste
samples be prepared and recorded, were inadvertently left out of the
rule language. This language is being restored in today's amendments.
On December 8, 1997 (see 62 FR 64664), the EPA amended the language
regarding sampling for a waste determination in
Sec. 265.1084(a)(3)(ii)(B) and Sec. 265.1084(b)(3)(ii)(B) to clarify
the EPA's intent regarding the number of samples required for a waste
determination. The amended paragraph stated (as did the published rule
language at Sec. 265.1084(a)(5)(iv)(A) and Sec. 265.1084(b)(4)(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 clarified 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). Thus, 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 (consisting of four or more samples each) will be
required. In making the change in December of 1997, the amendment
failed to include the language previously contained at
Sec. 265.1084(a)(5)(iv)(A) and Sec. 265.1084(b)(4)(iv)(A) (see 59 FR
62939
[[Page 3386]]
and 59 FR 62941, December 6, 1994) that the four samples needed for a
waste determination are required to be collected within a 1-hour time
period and that certain information relative to the waste samples must
be recorded. Today's amendments to Sec. 265.1084(a)(3)(ii) and
Sec. 265.1084(b)(3)(ii) add language in paragraph (B) that clearly
states that ``all samples for a given waste determination shall be
collected within a 1-hour period;'' and add a new paragraph (D) that
reestablishes the requirement that ``sufficient information shall be
prepared and recorded to document the waste quantity represented by the
samples and, as applicable, the operating conditions for the source or
process generating [or treating] the hazardous waste represented by the
samples.'' The information on waste quantity and operating conditions
is needed to properly calculate the mass-weighted average VO
concentration over the averaging period and to assess that the
averaging period used adequately characterizes the source or process
over the time period selected for the averaging period. The type of
information and data needed to meet this requirement should be clearly
specified in the ``site sampling plan'' required under paragraph (C) of
Sec. 265.1084(a)(3)(ii) and Sec. 265.1084(b)(3)(ii).
Also in the waste determination section of the rule, a portion of
sections Sec. 265.1084(a)(3)(iii) and Sec. 265.1084(b)(3)(iii) is
amended by today's action in order to clarify that, if the owner or
operator elects to adjust the individual test data measured by a method
other than Method 25D to the corresponding average VO concentration
value which would have been obtained had the waste samples been
analyzed using Method 25D, the adjustment must be made to all
individual chemical constituents that comprise the average VO
concentration. The constituent adjustment cannot be made on a selective
constituent basis. Because some of the constituent-specific adjustment
factors are greater than 1.0, selective use of the constituent
adjustment may not provide an accurate representation of the average VO
concentration as measured by Method 25D. The existing rule language at
Sec. 265.1084(a)(3)(iii) and Sec. 265.1084(b)(3)(iii) states that ``the
concentration of each individual chemical constituent measured in the
waste'' may be corrected by multiplying the measured concentration by
the constituent-specific adjustment factor. The same point is made in
Sec. 265.1084(a)(4)(iii) which specifies the procure to be used to
adjust the data. This paragraph states that ``the measured
concentration for each individual chemical constituent contained in the
waste is multiplied by the appropriate constituent-specific adjustment
factor.'' The EPA's use of the phrase ``each individual chemical
constituent contained in the wastes'' is intended to convey the meaning
that all constituents in the waste must be adjusted using the
appropriate individual adjustment factor, if the owner or operator
elects to adjust the data. The EPA has in no way stated or otherwise
implied that constituent-specific concentration test data can be
adjusted on a selective constituent basis to characterize the VO
concentration.
C. Standards: Tanks
Paragraph (h)(3) of the tank standards in Sec. 264.1084 and
Sec. 265.1085 is being amended to allow owners or operators that elect
to use a pressure tank, to control air emissions under the subpart CC
rule, to purge the inert materials from the pressure tank as is
required by normal operation (i.e., good engineering practices) for
this type of tank system. The rule requires that, whenever hazardous
waste is in a pressure tank, the tank must operate as a closed system
that does not vent to the atmosphere. With today's changes, the owner
or operator is allowed to purge the tank as long as the purge stream is
routed to a closed-vent system and control device designed and operated
in accordance with the subpart CC rule requirements for closed-vent
systems and control devices. A tank operating in this manner is
technically meeting the alternative requirements for tanks using Tank
Level 2 controls as specified in Sec. 264.1084(d)(3) and
Sec. 265.1085(d)(3) which applies tanks vented through a closed-vent
system to a control device. Therefore, venting of a pressure tank under
controlled conditions complies with the subpart CC standards for Tank
Level 2 controls and is allowed under the rules.
D. Standards: Containers
Transfer requirements are being added to the Level 3 container
standards as a part of today's action. These requirements are
essentially the same as those for the (less stringent) Level 2
container standards. These transfer requirements for Level 3 containers
were inadvertently left out of the subpart CC requirements when they
were published in November 1996, 61 FR 59962. The EPA had intended that
the Level 3 container standards incorporate these transfer requirements
and today's amendments rectify that oversight.
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.
[[Page 3387]]
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. In a number of instances, the changes simply
restore inadvertently deleted provisions, and all information
collection requirements in such provisions were previously approved.
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 Office of Management and budget (OMB) review and the
requirements of the Executive Order. The Executive 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 EPA accordingly
prepared a regulatory impact analysis (RIA). The amendments published
today make technical changes to the rule and correct structural
problems with the drafting of some sections. This action is not a
``significant regulatory action'' within the meaning of Executive Order
12866; thus, OMB review of the action is not required.
D. Regulatory Flexibility
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), whenever an agency is required to publish a notice of
rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities such as small
businesses, small organization and small governments. However, no
regulatory flexibility analysis is required if the agency certifies the
rule will not have a significant adverse economic impact on a
substantial number of small entities. For the reasons discussed in the
December 6, 1994 Federal Register (59 FR 62923), the subpart CC rules
themselves do not have a significant impact on a substantial number of
small entities. The present rule only makes technical changes to the
subpart AA and CC rules, and does not add new control requirements to
the December 1994 rule. The amendments in fact reduce the already-
existing requirements. Therefore, I certify that this rule will not
have a significant adverse economic impact on a substantial number of
small entities and therefore does not require a regulatory flexibility
analysis.
E. Unfunded Mandates Reform 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. Executive Order 13045
Executive Order 13045 applies to any rule that EPA determines (1)
economically significant as defined under E.O. 12866, and (2) the
environmental health or safety risk addressed by the rule has a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
These final amendments are not subject to E.O. 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997), because they are not economically
significant regulatory actions as defined by E.O. 12866.
G. National Technology Transfer and Advancement Act
Under Sec. 12(d) of the National Technology Transfer and
Advancement Act (NTTAA), the Agency is required to use voluntary
consensus standards in its regulatory and procurement activities unless
to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(such as materials specifications, test methods, sampling procedures,
and business practices) which are developed or adopted by voluntary
consensus standard bodies. Where available and potentially applicable
voluntary consensus standards are not used by EPA, the Act requires the
Agency to provide Congress, through the OMB, an explanation of the
reasons for not using such standards. Today's action does not put forth
any technical standards as part of the clarifying amendments.
Therefore, consideration of voluntary consensus standards was not
required.
H. Enhancing the Intergovernmental Partnership Under Executive Order
12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide the Office of
Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition,
[[Page 3388]]
Executive Order 12875 requires EPA to develop an effective process
permitting elected officials and other representatives of State, local
and tribal governments ``to provide meaningful and timely input in the
development of regulatory proposals containing significant unfunded
mandates.''
Today's action does not create a mandate on State, local or tribal
governments. The amendments to the rule do not impose any new or
additional enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of Executive Order 12875 do not apply to
this action.
I. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statue, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's amendments to the final rule do not significantly or
uniquely affect the communities of Indian tribal governments. The
amendments to the rule do not impose any new or additional enforceable
duties on these entities. Accordingly, the requirements of section 3(b)
of Executive Order 13084 do not apply to this action.
J. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. However, section 808 provides that any rule for which
the issuing agency for good cause finds (and incorporates the finding
and a brief statement of reasons therefor in the rule) that notice and
public procedure thereon are impracticable, unnecessary or contrary to
the public interest, shall take effect at such time as the agency
promulgating the rule determines. 5 U.S.C. Sec. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefor, and established an effective date of January 21,
1999. EPA will submit 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 United States prior to publication of
the rule in the Federal Register. This rule is not a ``major rule'' as
defined by 5 U.S.C. Sec. 804(2).
K. Pollution Prevention Act
The Pollution Prevention Act of 1990 states that pollution should
be prevented or reduced at the source whenever feasible. As originally
published, the final subpart AA, BB, and CC emission standards for
units managing hazardous wastes contain an applicability threshold or
action level formatted in terms of either a total or volatile organic
concentration of the hazardous waste that must be exceeded in order for
a particular standard to apply. By formulating the standard in this
way, flexibility is allowed for facility owners or operators to
initiate process modifications or incorporate treatment technologies
that will accomplish the same environmental results at lower costs;
this encourages pollution prevention alternatives that reduce the
organic content of the hazardous waste generated. Today's amendments to
the RCRA air rules in no way affect the pollution prevention
alternatives and measures previously incorporated into the final rules.
L. Immediate Effective Date
The EPA has determined to issue this rule without first proposing
it and 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, or restoration of
provisions which were deleted inadvertently). Comment on such changes
is unnecessary, within the meaning of 5 USC 553(b)(3)(B). For the same
reason, there is good cause for the rules to be made effective
immediately, within the meaning of 5 U.S.C. 553(d)(3).
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 part 262
Environmental protection, Hazardous waste, Reporting and
recordkeeping requirements.
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.
Dated: January 8, 1999.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
For the reasons set out in the preamble, title 40, chapter I, parts
262, 264, and 265 of the Code of Federal Regulations are amended as
follows:
PART 262--STANDARD APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
1. The authority citation for part 262 continues to read as
follows:
Authority: 42 U.S.C. 6906, 6912, 6299, 6925, 6937, and 6938,
unless otherwise noted.
2. Section 262.34 is amended by revising paragraphs (a)(1)(i) and
(a)(1)(ii) to read as follows:
Sec. 262.34 Accumulation time.
(a) * * *
(1) * * *
(i) In containers and the generator complies with the applicable
requirements of subparts I, AA, BB, and CC of 40 CFR part 265; and/or
(ii) In tanks and the generator complies with the applicable
requirements of subparts J, AA, BB, and CC of 40 CFR part 265 except
Secs. 265.197(c) and 265.200; and/or
* * * * *
[[Page 3389]]
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
3. The authority citation for part 264 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924 and 6925.
Subpart AA--Air Emission Standards for Process Vents
4. Section 264.1031 is amended by revising the definitions of
``Equipment'' and ``Open-ended valve or line'' and adding a new
definition for the term ``Sampling connection system'' in alphabetical
order to read as follows:
Sec. 264.1031 Definitions.
* * * * *
Equipment means each valve, pump, compressor, pressure relief
device, sampling connection system, open-ended valve or line, or flange
or other connector, and any control devices or systems required by this
subpart.
* * * * *
Open-ended valve or line means any valve, except pressure relief
valves, having one side of the valve seat in contact with hazardous
waste and one side open to the atmosphere, either directly or through
open piping.
* * * * *
Sampling connection system means an assembly of equipment within a
process or waste management unit used during periods of representative
operation to take samples of the process or waste fluid. Equipment used
to take non-routine grab samples is not considered a sampling
connection system.
* * * * *
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
5. Section 264.1080 is amended by revising paragraph (b)(5) to read
as follows:
Sec. 264.1080 Applicability.
* * * * *
(b) * * *
(5) A waste management unit that is used solely for on-site
treatment or storage of hazardous waste that is placed in the unit as a
result of implementing remedial activities required under the
corrective action authorities of RCRA sections 3004(u), 3004(v), or
3008(h); CERCLA authorities; or similar Federal or State authorities.
* * * * *
6. Section 264.1083 is amended by adding new paragraphs (a)(1)(i),
(a)(1)(ii), (b)(1)(i), and (b)(1)(ii) to read as follows:
Sec. 264.1083 Waste determination procedures.
(a) * * *
(1) * * *
(i) An initial determination of the average VO concentration of the
waste stream shall be made before the first time any portion of the
material in the hazardous waste stream is placed in a waste management
unit exempted under the provisions of Sec. 264.1082(c)(1) of this
subpart from using air emission controls, and thereafter an initial
determination of the average VO concentration of the waste stream shall
be made for each averaging period that a hazardous waste is managed in
the unit; and
(ii) Perform a new waste determination whenever changes to the
source generating the waste stream are reasonably likely to cause the
average VO concentration of the hazardous waste to increase to a level
that is equal to or greater than the applicable VO concentration limits
specified in Sec. 264.1082 of this subpart.
* * * * *
(b) * * *
(1) * * *
(i) An initial determination of the average VO concentration of the
waste stream shall be made before the first time any portion of the
material in the treated waste stream is placed in the exempt waste
management unit, and thereafter update the information used for the
waste determination at least once every 12 months following the date of
the initial waste determination; and
(ii) Perform a new waste determination whenever changes to the
process generating or treating the waste stream are reasonably likely
to cause the average VO concentration of the hazardous waste to
increase to a level such that the applicable treatment conditions
specified in Sec. 264.1082 (c)(2) of this subpart are not achieved.
* * * * *
7. Section 264.1084 is amended by revising paragraph (h)(3) to read
as follows:
Sec. 264.1084 Standards: Tanks.
* * * * *
(h) * * *
(3) Whenever a hazardous waste is in the tank, the tank shall be
operated as a closed system that does not vent to the atmosphere except
under either or the following conditions as specified in paragraph
(h)(3)(i) or (h)(3)(ii) of this section.
(i) At those times when opening of a safety device, as defined in
Sec. 265.1081 of this subpart, is required to avoid an unsafe
condition.
(ii) At those times when purging of inerts from the tank is
required and the purge stream is routed to a closed-vent system and
control device designed and operated in accordance with the
requirements of Sec. 264.1087 of this subpart.
* * * * *
8. Section 264.1086 is amended by adding new paragraph (e)(6) to
read as follows:
Sec. 264.1086 Standards: Containers.
* * * * *
(e) * * *
(6) Transfer of hazardous waste in or out of a container using
Container Level 3 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.
* * * * *
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
9. The authority citation for part 265 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6906, 6912(a), 6924, 6925, 6912,
6922, 6923, 6935, 6936, and 6937.
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
10. Section 265.1080 is amended by revising paragraph (b)(5) to
read as follows:
Sec. 265.1080 Applicability.
* * * * *
[[Page 3390]]
(b) * * *
(5) A waste management unit that is used solely for on-site
treatment or storage of hazardous waste that is placed in the unit as a
result of implementing remedial activities required under the
corrective action authorities of RCRA sections 3004(u), 3004(v), or
3008(h); CERCLA authorities; or similar Federal or State authorities.
* * * * *
11. Section 265.1084 is amended by adding new paragraphs (a)(1)(i),
(a)(1)(ii), (a)(3)(ii)(D), (b)(1)(i), (b)(1)(ii) and (b)(3)(ii)(D) and
by revising paragraphs (a)(3)(ii)(B), (a)(3)(iii) introductory text,
(b)(3)(ii)(B), and (b)(3)(iii) introductory text, to read as follows:
Sec. 265.1084 Waste determination procedures.
(a) * * *
(1) * * *
(i) An initial determination of the average VO concentration of the
waste stream shall be made before the first time any portion of the
material in the hazardous waste stream is placed in a waste management
unit exempted under the provisions of Sec. 265.1083(c)(1) of this
subpart from using air emission controls, and thereafter an initial
determination of the average VO concentration of the waste stream shall
be made for each averaging period that a hazardous waste is managed in
the unit; and
(ii) Perform a new waste determination whenever changes to the
source generating the waste stream are reasonably likely to cause the
average VO concentration of the hazardous waste to increase to a level
that is equal to or greater than the VO concentration limit specified
in Sec. 265.1083(c)(1) of this subpart.
* * * * *
(3) * * *
(ii) * * *
(B) A sufficient number of samples, but no less than four samples,
shall be collected and analyzed for a hazardous waste determination.
All of the samples for a given waste determination shall be collected
within a one-hour period. 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.
* * * * *
(D) Sufficient information, as specified in the ``site sampling
plan'' required under paragraph (a)(3)(ii)(C) of this section, shall be
prepared and recorded to document the waste quantity represented by the
samples and, as applicable, the operating conditions for the source or
process generating the hazardous waste represented by the samples.
(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/m3]
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
EPA 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 owner or operator may adjust test data
measured by a method other than Method 25D to the corresponding average
VO concentration value which would have been obtained had the waste
samples been analyzed using Method 25D in 40 CFR part 60, appendix A.
To adjust these data, the measured concentration of each individual
chemical constituent contained in the waste is multiplied by the
appropriate constituent-specific adjustment factor (fm25D).
If the owner or operator elects to adjust test data, the adjustment
must be made to all individual chemical constituents with a Henry's law
constant value greater than or equal to 0.1 Y/X at 25 degrees Celsius
contained in the waste. 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.
* * * * *
(b) * * *
(1) * * *
(i) An initial determination of the average VO concentration of the
waste stream shall be made before the first time any portion of the
material in the treated waste stream is placed in a waste management
unit exempted under the provisions of Sec. 265.1083(c)(2),
Sec. 265.1083(c)(3), or Sec. 265.1083(c)(4) of this subpart from using
air emission controls, and thereafter update the information used for
the waste determination at least once every 12 months following the
date of the initial waste determination; and
(ii) Perform a new waste determination whenever changes to the
process generating or treating the waste stream are reasonably likely
to cause the average VO concentration of the hazardous waste to
increase to a level such that the applicable treatment conditions
specified in Sec. 265.1083(c)(2), Sec. 265.1083(c)(3), or
Sec. 265.1083(c)(4) of this subpart are not achieved.
* * * * *
(3) * * *
(ii) * * *
(B) A sufficient number of samples, but no less than four samples,
shall be collected and analyzed for a hazardous waste determination.
All of the samples for a given waste determination shall be collected
within a one-hour period. 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 process generating or treating the hazardous waste stream.
Examples of such normal variations are seasonal variations in waste
quantity or fluctuations in ambient temperature.
* * * * *
(D) Sufficient information, as specified in the ``site sampling
plan'' required under paragraph (C) of (b)(3)(ii)this section,
Sec. 265.1084(b)(3)(ii), shall be
[[Page 3391]]
prepared and recorded to document the waste quantity represented by the
samples and, as applicable, the operating conditions for the process
treating the hazardous waste represented by the samples.
* * * * *
(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) 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
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 EPA 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 (b)(3)(iii)(H) of this section must be
followed. At the owner or operator's discretion, the owner or operator
may adjust test data measured by a method other than Method 25D to the
corresponding average VO concentration value which would have been
obtained had the waste samples been analyzed using Method 25D in 40 CFR
part 60, appendix A. To adjust these data, the measured concentration
of each individual chemical constituent contained in the waste is
multiplied by the appropriate constituent-specific adjustment factor
(fm25D). If the owner or operator elects to adjust test
data, the adjustment must be made to all individual chemical
constituents with a Henry's law constant equal to or greater than 0.1
Y/X at 25 degrees Celsius contained in the waste. 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.
* * * * *
12. Section 265.1085 is amended by replacing paragraph (h)(3)
revising to read as follows:
Sec. 265.1085 Standards: Tanks.
* * * * *
(h) * * *
(3) Whenever a hazardous waste is in the tank, the tank shall be
operated as a closed system that does not vent to the atmosphere except
under either or the following conditions as specified in paragraph
(h)(3)(i) or (h)(3)(ii) of this section.
(i) At those times when opening of a safety device, as defined in
Sec. 265.1081 of this subpart, is required to avoid an unsafe
condition.
(ii) At those times when purging of inerts from the tank is
required and the purge stream is routed to a closed-vent system and
control device designed and operated in accordance with the
requirements of Sec. 265.1088 of this subpart.
* * * * *
13. Section 265.1087 is amended by adding new paragraph (e)(6) to
read as follows:
Sec. 265.1087 Standards: Containers.
* * * * *
(e) * * *
(6) Transfer of hazardous waste in or out of a container using
Container Level 3 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.
* * * * *
[FR Doc. 99-1335 Filed 1-20-99; 8:45 am]
BILLING CODE 6560-50-P
