[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 4903-4916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1713]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 262, 264, 265, and 270
[IL-64-2-5807; FRL-5407-2]
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; technical amendment.
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SUMMARY: Under the authority of the Resource Conservation and Recovery
Act (RCRA), as amended, the EPA has published air standards to reduce
organic emissions from hazardous waste management activities (59 FR
62896, December 6, 1994). The air standards apply to owners and
operators of hazardous waste treatment, storage, and disposal
facilities (TSDF) subject to RCRA subtitle C permitting requirements
and to certain hazardous waste generators accumulating waste in on-site
tanks and containers. This action makes clarifying amendments in the
regulatory text of the final standards, corrects typographical and
grammatical errors, and clarifies certain language in the preamble to
the final rule.
EFFECTIVE DATE: The rule provisions clarified by this action are
effective as of June 6, 1996, the effective date of the final rule.
ADDRESSES: This notice 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 ``RCRACLAR.ZIP'' to download this
notice. 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 this 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-
[[Page 4904]]
CE2A-FFFFF, and F-95-CE3A-FFFFF. The RCRA docket 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), U. S. Environmental
Protection Agency, 401 M Street SW, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: The RCRA Hotline, toll-free at (800)
424-9346. For further information on the specific provisions to which
this clarification refers, contact Ms. Michele Aston, Emission
Standards Division (Mail Drop 13), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711, telephone number (919) 541-2363.
SUPPLEMENTARY INFORMATION:
Background
The EPA is today making clarifying amendments to the final subpart
CC standards. Since the publication of the final rule, the EPA has
published two Federal Register documents to delay the effective date of
the final 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) subsequently revised the effective date of
the standards to be June 6, 1996. The EPA has also issued a 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 is considering for the final subpart CC standards. The EPA accepted
public comments on the appropriateness of these revisions through
October 13, 1995 and is now in the process of reviewing and evaluating
the comments that were received. The EPA expects to complete its review
of these public comments, and publish a Federal Register notice
explaining the EPA's decision if and how to amend the rule to reflect
the proposed revisions, in early 1996.
Today's action clarifies provisions of the final rule to better
convey the EPA's original intent. While today's clarifications may be
applicable to certain comments submitted to docket F-95-CE3A-FFFFF,
today's action is independent of those proposed revisions and the
Federal Register document that EPA intends to publish in early 1996
addressing its evaluation of the proposed revisions. The information
presented in this preamble is organized as follows:
1. Applicability.
2. Definitions.
3. Schedule for implementation of air emission standards.
4. Standards: General.
5. Waste determination procedures.
6. Standards: Tanks.
7. Standards: Surface impoundments.
8. Standards: Containers.
9. Closed-Vent Systems and Control Devices.
10. Inspection and Monitoring requirements.
11. Recordkeeping Requirements.
12. Reporting Requirements.
13. Alternative Control Requirements for Tanks.
14. Immediate Effective Date.
1. Applicability
The EPA deferred applicability of the final subpart CC standards to
units used solely for on-site treatment or storage of hazardous waste
generated in the course of certain remedial activities. Paragraph
(b)(5) of Sec. 264.1080 and Sec. 265.1080 specified that this deferral
applied to ``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.'' However, page
62897 of the preamble to the final subpart CC standards stated that
this deferral applied to ``remedial activities required under RCRA
corrective action or CERCLA response authorities (or similar State
remediation authorities).'' Consistent with the regulatory language,
the EPA intended that this deferral apply to remedial activities under
the authority of RCRA corrective action, CERCLA response, similar
Federal authorities, or similar State authorities. An example of a
similar Federal authority would be the EPA Compliance Monitoring
Program (CMP) pursuant to the Toxic Substances Control Act, and a waste
management unit that is used solely for on-site storage of hazardous
wastes generated from remedial activities required by the CMP thus
would qualify for deferral from the applicability of the final subpart
CC standards.
The EPA also deferred applicability of the subpart CC standards to
hazardous waste management units that are used ``solely'' to treat or
store radioactive mixed waste, in paragraph (b)(6) of Sec. 264.1080 and
Sec. 265.1080. EPA is clarifying here that the use of the word
``solely'' does not preclude addition of other materials to a unit
managing radioactive mixed waste if applicable regulations of the
Atomic Energy Act or the Nuclear Waste Policy Act require that material
other than radioactive mixed waste be added to the unit. Such additions
would not contravene the purpose of EPA's limitation of the scope of
the deferral: To prevent radioactive mixed wastes from being used to
exempt other hazardous waste from the rule through mixing and to limit
the volume of mixed waste that is managed, again by limiting options
for exempt mixing. Thus, if any materials other than radioactive mixed
waste are added after June 6, 1996 to units used to treat or store
mixed waste, the regulatory deferral of the unit would not apply unless
the addition is pursuant to a regulatory requirement imposed pursuant
to the Atomic Energy Act and/or the Nuclear Waste Policy Act.
2. Definitions
The EPA is revising the definition of ``cover'' and adding a
definition for the term ``enclosure'' to clarify the EPA's intended
distinction between the two technologies, and to clarify the specific
requirements for an enclosure. As used in the final subpart CC
standards, the EPA considers a cover to be a device that is placed on
or over a unit and forms a barrier between the entire waste surface and
the space external to the unit. Examples of covers include a fitted lid
on a drum and a roof on a tank. In contrast, the EPA considers an
enclosure to be a structure that is external to a unit which surrounds
the unit and some space external to the unit. An example of an
enclosure would be a shed or a building within which a unit is either
permanently or temporarily located. The definition for ``cover''
contained in the December 6, 1994 final standards listed an enclosure
surrounding a container as an example of a cover, which has led to
several inquiries from the public as to whether a tank located inside a
building equipped with a ventilation system routed to a control device
would meet the requirements for tank covers specified in
Sec. 264.1084(d) and Sec. 265.1085(d). It is not the EPA's intent to
allow an enclosure or building surrounding a tank to meet the control
requirements for the final subpart CC standards; see Hazardous Waste
TSDF Background Information for Promulgated Organic Air Emission
Standards for Tanks, Surface Impoundments, and Containers, EPA-
[[Page 4905]]
453/R-94-076b (``BID''), page 6-61. To make explicit what is already
implicit in the final rule, EPA is clarifying that an enclosure
surrounding a tank is not equivalent to a cover on a tank. Thus, the
EPA is removing the example of an enclosure from the definition of
``cover'' and is creating a separate definition for the term
``enclosure.''
The final subpart CC standards require enclosures surrounding open
fixation containers to meet airflow and pressure drop requirements, as
specified in paragraph (b)(2)(ii) of Sec. 264.1086 and Sec. 265.1087.
The EPA has received a number of requests from the public to more
clearly specify these requirements. In response, the EPA is
specifically defining the term ``enclosure'' such that an enclosure be
designed and operated in accordance with the requirements of
``Procedure T--Criteria for and Verification of a Permanent or
Temporary Total Enclosure'' contained in Sec. 52.741, appendix B. The
requirements of this procedure will provide facilities with a more
clear definition of the EPA's intent for the design and operation of
enclosures.
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 liquids 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 this process. The EPA's intended definition of
waste stabilization for the final subpart CC air rules does not include
processes that do not include mixing or agitation, and do not involve
curing (BID, p. 6-57). The EPA is amending the definition of ``waste
stabilization'' to clarify this intent.
3. Schedule for implementation of air emission standards
The December 6, 1994 published rule establishes additional air
standards for TSDF owners and operators subject to 40 CFR part 264 or
40 CFR part 265. All requirements enacted under this final action are
effective as of June 6, 1996. This includes the application of the
requirements of 40 CFR part 265 subparts AA, BB, and CC to 90-day
accumulation units at hazardous waste generators, and the application
of 40 CFR part 265 subparts AA, BB, and CC to facilities with final
RCRA permits.
The final rule provides that when the required air emission control
equipment cannot be operational at an existing hazardous waste
generator or TSDF by June 6, 1996, an implementation schedule for
installation of the equipment must be developed and placed in the
facility operating records no later than June 6, 1996. In such cases,
Sec. 265.1082(a)(2)(i) states that the facility owner or operator must
have all air emission controls required by the final rule in operation
no later than December 8, 1997.
The EPA also recognizes that certain affected facilities may
require time beyond June 6, 1996 to implement other provisions of the
final standards, such as developing a facility program to perform the
specified leak detection tests on tank covers. Also, generator and TSDF
facilities to which the requirements of subparts AA and BB are newly
applicable on the June 6, 1996 effective date may need additional time
to come into compliance with all provisions of those subparts. 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 June 6, 1996
effective date. To be in compliance with the subpart CC standards,
affected facilities must have all required air emission controls
installed and operating no later than December 8, 1997. However,
facilities newly subject to subparts AA and BB must be in compliance
with all the requirements of those subparts no later than 30 months
after the effective date that the facility becomes subject to those
subparts. Paragraph (a)(2) in Sec. 264.1033 and Sec. 265.1033 is
amended to clarify this intent.
In addition, the EPA is clarifying that an affected unit which the
owner or operator intends to replace or remove may also be in
compliance through the use of an implementation plan. The EPA
recognizes that certain facilities may choose to comply with the
subpart CC air rules by replacing an existing hazardous waste
management unit, or by modifying their facility process such that a
given waste management unit is no longer necessary. The EPA also
realizes that facilities could require time beyond June 6, 1996 to
complete such modifications, during which time it may be necessary for
the facility to continue adding hazardous waste to the affected unit.
The EPA had therefore intended to allow the owner or operator to be in
compliance with the subpart CC standards provided that sufficient
documentation is entered into the facility operating record by the June
6, 1996 effective date. The facility operating record must contain
sufficient information to document the necessity to continue adding
hazardous waste to the unit after June 6, 1996, and document the owner
or operator's schedule and plan to cease adding hazardous waste to the
affected unit as soon as is feasible, but no later than December 8,
1997 (BID p. 9-6).
Paragraphs (b)(3) and (b)(4) in Sec. 264.1080 and Sec. 265.1080
specify that the subpart CC standards do not apply to tanks or surface
impoundments for which the owner or operator has begun implementing or
has completed closure pursuant to an approved closure plan, and into
which the owner or operator has stopped adding hazardous waste.
However, if a closure plan has not been approved for an affected unit,
the final subpart CC standards are applicable to that unit. In such a
case, the subpart CC standards require that on the June 6, 1996
effective date, if the affected unit is not equipped with the
appropriate air emission controls, no hazardous waste may be added to
that unit. In this situation, it is the EPA's intent that the owner or
operator would be in compliance with the subpart CC standards provided
that sufficient documentation is entered into the facility operating
record by the June 6, 1996 effective date. This is consistent with the
situation described in the previous paragraph where the removal of an
affected unit cannot be accomplished before the June 6, 1996 effective
date. As with the situation described above, the facility operating
record must contain sufficient information to document the inability of
the owner or operator to cease adding hazardous waste to the unit prior
to June 6, 1996. The facility operating record must also include the
owner or operator's schedule to obtain an approved closure plan, or to
cease adding hazardous waste to that unit, no later than December 8,
1997.
The December 6, 1994 published rule allowed an extended effective
date and compliance date for tanks in which stabilization operations
are performed, to allow interested parties time to submit data to the
EPA and to allow EPA time to review that data (59 FR at 62897). The
effective date for such tanks was originally December 6, 1995. Since
the publication of that final rule, the effective date of the final
standards for all rule provisions has been extended
[[Page 4906]]
until June 6, 1996 (60 FR 56952). Therefore, the EPA no longer
considers it necessary to provide a separate compliance schedule for
tanks in which stabilization operations are performed, and the
effective date for such tanks will be the June 6, 1996 effective date
of the final rule.
4. Standards: General
The owner or operator must install and operate the specified air
emission controls on every affected tank, surface impoundment, and
container used in the waste management sequence from the point of waste
origination through the point where the organics in the waste are
removed or destroyed by a process in accordance with the requirements
of the rule. The final rule provides seven options by which an owner or
operator may demonstrate that the required treatment or destruction of
organics has been accomplished, as specified in Sec. 265.1083(c)(2) (i)
through (vii). Depending on the nature of the affected hazardous waste,
the process through which the waste has been managed, or the treatment
applied to the waste, one or more of these seven demonstration options
may not be appropriate for a given waste stream. In recognition of
this, the EPA chose to allow seven different options to demonstrate
that effective treatment has been accomplished; the EPA recognizes that
not all of these seven options will be practical for demonstrations of
all waste treatment scenarios. However, the EPA believes that the
variety of waste treatment demonstrations allowed in the final subpart
CC rules does offer at least one demonstration alternative for most, if
not all, reasonable waste treatment scenarios.
Paragraph (c)(2)(iii) of Secs. 264.1082 and 265.1083 is one of the
seven options to demonstrate that waste has been treated to effectively
reduce the organics in accordance with the requirements of the final
subpart CC standards. In the December 6, 1994 published rule, this
option required that the ``actual organic mass removal rate (MR) for
the process is greater than the required organic mass removal rate
(RMR) for the process.'' The EPA had intended this provision to specify
that the MR for the process must be greater than or equal to the RMR.
The EPA is amending this provision to clarify that intent.
The seven options in Sec. 265.1083(c)(2) refer to a waste treatment
process that accomplishes specified organic destruction or removal. As
the term ``process'' is used in these requirements, the EPA refers to
either a single waste treatment unit, or a series of waste treatment
units. If a facility uses a series of waste treatment units, the
applicable exemption from controls applies to units downstream of the
point where the necessary removal or destruction occurs. Thus, points
downstream of the unit which accomplishes the 95th percentile reduction
would not be required to install and operate air emission controls.
Similarly, the requirement for covers on tanks and surface
impoundments do not apply to tanks or surface impoundments in which
biological degradation of the organics in the hazardous waste treated
in the unit is demonstrated to achieve specific performance levels.
Either of the following sets of conditions, as described in paragraph
(c)(2)(iv) of Sec. 264.1082 and Sec. 265.1083, must be demonstrated to
qualify for this exemption: (1) The organic reduction efficiency for
the process is equal to or greater than 95 percent, and the organic
biodegradation efficiency for the process is equal to or greater than
95 percent; or (2) the total actual organic mass biodegradation rate
for all hazardous waste treated by the process is equal to or greater
than the required organic mass removal rate (59 FR at 62915). A
biological treatment unit that is operated within a series of units
would not be required to be equipped with a cover provided that series
of units met one of the treatment demonstration options in
Sec. 265.1083(c)(2), and the biological treatment unit occurred in the
series at the point where the necessary treatment was achieved. In the
case of a treatment series that achieved a 95 percent reduction in
organics by weight as demonstrated by the requirements of
Sec. 265.1083(c)(2)(ii), the biological treatment unit could operate
without a cover provided that it was the unit achieving the 95th
percent control for the affected waste streams. However, if the
placement of the biological treatment unit in the treatment series was
prior to the achievement of the 95th percent organic reduction, the
biological treatment unit must operate with a cover and air emission
controls.
Paragraph (d) in Secs. 264.1082 and 265.1083 of the final rule
indicated that certain materials that are not hazardous wastes must be
controlled in accordance with the subpart CC standards. These final
standards are only applicable to RCRA hazardous waste. The EPA is
amending Secs. 264.1082(d) and 265.1083(d) to clarify that non-
hazardous wastes are not subject to the subpart CC standards. (This
means, incidentally, that wastes that become exempt from RCRA subtitle
C by virtue of an exemption such as the Bevill amendments (codified at
261.4(b)(7)) or the domestic sewage exclusion (codified at 261.4(a)(1))
would not be subject to the subpart CC rules.) In making this
clarification, the EPA also notes that it is not addressing here (or in
any way reopening) the issue of the types of treatment standards under
the Land Disposal Restriction program to which hazardous waste
treatment residues could be subject before land disposal. Such
treatment standards could apply to spent treatment residues that are
not themselves identified or listed as a hazardous waste. See 58 FR at
29866-868 and 29871-72 (May 24, 1993) and Chemical Waste Management v.
EPA, 976 F.2d 2, 16-18 (D.C. Cir. 1992), cert. denied 113 S. Ct. 1961
(1993). This same caveat applies with respect to the spent activated
carbon residue discussed at section 9 below.
5. Waste Determination Procedures
Under the final subpart CC standards, 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. However, an owner or operator
must perform a determination of the average volatile organic (VO)
concentration for each hazardous waste placed in a waste management
unit exempted from using air emission controls based on the VO
concentration of the waste at its point of waste origination. The EPA
is amending paragraphs (a)(1) and (b)(1) of Sec. 264.1083 to clarify
this requirement.
The determination of the volatile organic concentration of
hazardous waste under the final subpart CC standards is based on the
organic composition of the waste at the ``point of waste origination.''
The ``point of waste origination'' is defined in Sec. 265.1081 of the
final rule with respect to the point where the TSDF owner or operator
first has possession of a hazardous waste. This definition specifies
that when the TSDF owner or operator is the generator of the hazardous
waste, the ``point of waste origination'' means the point where a solid
waste produced by a system, process, or waste management unit is
determined to be a hazardous waste as defined in 40 CFR part 261. In
such a case, the owner or operator may sample the hazardous waste at
its point of origination, or may sample the waste at a point downstream
from the point of origination, provided the downstream sampling point
provides an accurate representation of the waste volatile organic
concentration as it was at the point of waste origination. Simply put,
an owner or operator may sample
[[Page 4907]]
downstream of the point of origination provided the waste has not been
altered, mixed with other materials, or allowed to release any volatile
organic components prior to sampling. When neither the TSDF owner or
operator is the generator of the hazardous waste, the ``point of waste
origination'' means the point where the owner or operator accepts
delivery or takes possession of the hazardous waste. The EPA considers
this to be the point when and where the TSDF owner or operator accepts
the waste manifest document for the hazardous waste.
The preamble to the final subpart CC rule incorrectly stated that
to calculate the average of a waste stream using direct measurement,
``a sufficient number of samples, but no less than four, must be
collected to represent the complete range of organic compositions and
organic quantities that occur in the hazardous waste stream during the
entire averaging period'' (59 FR at 62916). The intended rule
requirement to take a minimum number of four waste samples is for the
performance of one single waste determination. The requirement for four
individual samples is intended to compensate for both variations in the
methodology and variations within a waste stream that may be due to
non-homogeneous waste mixtures. It is not acceptable to take four or
more individual samples of a waste stream, mix the samples, then
perform a method 25D analysis on the mixture. The requirements of
Sec. 265.1084(a)(5)(iv) specify the procedure by which the four or more
samples be analyzed by method 25D individually, and the results
mathematically averaged to produce one waste determination result. This
process accounts for test method variability as well as variability in
the waste stream and the waste samples.
The EPA recognizes that not all hazardous waste regulated by the
subpart CC standards is liquid or aqueous. Therefore, Sec. 4.1.4 of
method 25D (40 CFR part 60, appendix A) includes a sampling technique
for solid materials. For wastes that are solid or semi-solid, a
representative sample is obtained by placing a 10 gram sample of the
waste material into a vial containing the specified 30 mL of
polyethylene glycol. Once the sample is obtained, the method 25D
analysis is performed as it would be on any other waste sample.
To calculate an average volatile organic concentration for a waste
stream that has variations in the organic concentration, the owner or
operator must perform the number of waste determinations that are
necessary to adequately demonstrate that the waste stream volatile
organic concentration meets the applicable criteria. An owner or
operator may choose to perform a waste determination at a point where
they know the waste stream is at its maximum volatile organic
concentration for the averaging period. If the resulting average of the
four required Method 25D sample runs yields a volatile organic
concentration below 100 parts per million by weight (ppmw), the owner
or operator would not need to perform additional waste determinations
for that averaging period. However, if the owner or operator was not
able to perform a waste determination at the point of the waste
stream's maximum volatile organic concentration, they could be required
to perform additional waste determinations during the averaging period
to sufficiently calculate a mass-weighted average volatile organic
concentration. The final subpart CC standards specify that the facility
owner or operator enter into the facility record a test plan that
demonstrates how they will perform a representative volatile organic
concentration determination.
The final subpart CC rules require that a waste determination be
performed prior to the first time a hazardous waste is placed in an
affected unit on or after June 6, 1996. Section 265.1084(a)(2) (i) and
(ii) specify the process to determine the average VO concentration for
waste streams generated as part of a continuous process or generated as
part of a batch process that is performed repeatedly but not
necessarily continuously. The EPA is amending Sec. 265.1084(a)(2) to
clarify that for waste generated as part of a batch process that is not
performed repeatedly, the owner or operator shall perform a waste
determination of the VO concentration of the waste in the batch. The
EPA is amending Sec. 265.1084(b)(2) to clarify the similar waste
determination procedures for treated hazardous waste.
The procedures in paragraphs (a)(5), (a)(6) and (b)(4) of
Sec. 265.1084 for determining the average VO concentration of a
hazardous waste require that the owner or operator have sufficient
knowledge of any variations in the volatile organic concentration of
their affected waste streams throughout the averaging period. An owner
or operator who does not have sufficient knowledge of variations in the
VO concentration of their waste stream prior to June 6, 1996, may not
be eligible to determine compliance with the final rule using the
average VO concentration for their affected waste streams. The option
to use an average volatile organic waste concentration requires
sufficient knowledge of the waste stream, and if that knowledge is not
available, the option is not allowed. In such a case, the owner or
operator would be required to install and operate air emission controls
on each affected unit receiving hazardous waste on or after June 6,
1996 (as required by paragraph (b) of Sec. 264.1082 and Sec. 265.1083),
or to determine that at no time waste with a VO concentration greater
than or equal to 100 ppmw is placed in a unit not equipped with the
required air emission controls (as required by paragraph (c) of
Sec. 264.1082 and Sec. 265.1083). In essence, each and every portion of
the hazardous waste entering the unit would be considered to be a
discrete quantity that is not generated as part of a batch process;
therefore, the average VO concentration of each of these discrete
quantities of waste would be the same as its measured VO concentration
(as described in Sec. 265.1084(a)(2)(iii) and Sec. 265.1084(b)(2)(iii),
as amended by today's action).
In Sec. 265.1084(a)(5)(v)(C) the equation to determine the average
VO concentration of the hazardous waste at the point of waste
origination was printed with an incorrect symbol representing the
average VO concentration of the hazardous waste at the point of waste
origination. The EPA is revising that equation to specify the correct
symbol.
Section 265.1084(a)(6)(iii) of the final subpart CC standards
allows an owner or operator to determine the volatile organic
concentration of a hazardous waste using knowledge that is based on
information supplied by the generator of the waste. The generator-
prepared information can be included in manifests, shipping papers, or
waste certification notices accompanying the waste shipment, as agreed
upon between the waste generator and the TSDF owner or operator. The
subpart CC final rules do not impose requirements for a generator to
provide such documentation to a TSDF. Rather, where such information
does exist, the TSDF owner or operator has the option to use that
information to perform the volatile organic waste determination or the
volatile organic vapor pressure determination upon accepting delivery
or taking possession of the hazardous waste. The EPA is amending
paragraph (b)(8) of Sec. 264.13 and Sec. 265.13 to clarify this intent.
The validity of any information used to comply with these final
standards is the responsibility of the owner or operator who has
custody of the waste. Therefore, a TSDF owner or operator should rely
on waste information only if it is provided by a source in whose
accuracy they have confidence.
[[Page 4908]]
The December 6, 1994 published rule incorrectly referenced the
requirements by which waste streams entering a process must be
measured, at Sec. 265.1084(b)(6)(iii)(B) and in the nomenclature for
CBj at Sec. 265.1084(b)(6)(iv). The EPA is amending these
provisions to reference the requirements contained in paragraph
(a)(5)(iv). The EPA is also amending the nomenclature for QAj in
Sec. 265.1084(b)(6)(iv) to clarify that it represents the mass quantity
of waste exiting the process.
To determine the maximum organic vapor pressure of a hazardous
waste in a tank using Method 25E, an owner or operator shall collect a
minimum of three waste samples. It was the intent of the EPA to defer
to the Clean Air Act General Provisions contained in Sec. 60.8(f) to
specify the number of samples required for a Method 25E analysis.
However, the subpart CC standards are not subject to Sec. 60.8(f);
therefore, this information was not referenced for the final subpart CC
standards. The EPA is amending the requirements of paragraph
265.1084(c) to require that, unless otherwise specified in the method
being used, a minimum of three samples shall be taken when using any of
the methods listed in Sec. 265.1084(c)(3)(ii). To perform a Method 25E
analysis, each of these samples shall be analyzed separately, and the
result of the analysis mathematically averaged. The requirements of
Method 25E specify the procedure to analyze the samples and
mathematically average the analytical results.
6. Standards: Tanks
In the final subpart CC tank standards, paragraph (b)(4) of
Sec. 264.1084 and Sec. 265.1085 allows the use of a pressure tank to
manage affected hazardous waste. The EPA did not intend to specify
operating conditions or a minimum internal pressure that must be met to
comply with the option. For the purpose of complying with this
provision of the subpart CC standards, the EPA is clarifying that a
pressure tank must be designed and operated such that the internal
pressure is above atmospheric pressure and the tank operates as a
closed system, with no detectable emissions occurring during routine
operations including filling and emptying (BID p. 6-51). Therefore, the
tank must be designed and operated to withstand the pressure of having
the vapor space of the waste compressed until the tank is filled to
design capacity. The EPA is amending the tank standards to clarify this
requirement.
The EPA intended that the final subpart CC standards allow tanks to
operate with a fixed-roof type cover without any additional air
emission controls provided certain conditions were met (59 FR at
62917). As published in the December 6, 1994 final standards, paragraph
(c) of Sec. 264.1084 and Sec. 265.1085 did not correctly convey the
EPA's intent for this provision. The EPA is revising these paragraphs
of the tank standards to clarify that for the purposes of compliance
with the subpart CC standards, tanks meeting the specified waste
management requirements can operate fixed-roof type covers without
additional air emission controls.
One of the conditions that must be met for this provision is that
no turbulent agitation may occur on the surface of the waste, as
described in paragraph (c)(1) of Sec. 264.1084 and Sec. 265.1085. Such
turbulence on the surface of a waste increases emission of organics
from the waste to the air. This cover-only option was provided for
tanks that are used for waste storage, and in which no waste treatment
is occurring. The cover-only option of paragraph (c)(1) does not
provide effective emission control for waste that is managed such that
there is visible turbulent flow on the surface of the waste. The EPA
considers that the requirements of paragraph (c)(1) are consistent with
the provisions of the New Source Performance Standard for volatile
organic liquid storage vessels under 40 CFR part 60, subpart Kb, after
which the technical requirements for fixed-roof covers were modelled.
The EPA does not intend to specify a test to measure turbulent flow, or
to otherwise narrowly define the conditions that meet this paragraph.
The EPA does wish to clarify that for a tank through which the waste
surface is not viewable, an owner or operator may elect to use
engineering calculations and modelling to determine if the surface of
the hazardous waste managed in a tank has turbulent flow that would be
visible.
The EPA recognizes that, for certain hazardous wastes managed in
tanks, it may be necessary to continuously mix, stir or circulate the
waste inside the tank during normal storage operations. For instance,
the properties of the waste may be such that it is necessary to
continuously stir the waste to prevent phase separation or to prevent
the waste from solidifying. Paragraph (c)(1) of Sec. 264.1084 and
Sec. 265.1085 prohibits such activities if they result in splashing,
frothing, or visible turbulent flow on the surface of the waste.
However, an owner or operator may perform continuous or frequent mixing
operations in a cover-only tank, provided the operation does not cause
visible turbulent flow on the surface of the waste. To be allowed under
the requirements of paragraph (c)(1), such a mixing operation must be
designed and performed to operate without causing visible turbulent
flow on the waste surface. To design and operate a mixing system to
ensure that visible turbulent flow does not occur, the owner or
operator must consider all relevant factors, including mixing speed,
position of the mixing apparatus, and waste level in the tank. If the
mixing apparatus is positioned and designed such that visible turbulent
flow occurs when the waste is below a certain level in the tank, the
mixing operation must be ceased when the waste is not above that level
in the tank. During such a period, visible turbulent flow on the
surface of the waste would be allowed if it resulted from an
intermittent required operation, such as loading waste into the tank.
The EPA recognizes that owners or operators may need to mix, stir
or circulate the waste that is stored in tanks to occasionally perform
certain necessary operations, and these actions may result in
splashing, frothing, or visible turbulent flow. Examples of this
include mixing waste contents at sample times to facilitate obtaining a
representative waste sample, and causing visible turbulent flow on the
waste surface during transfer of hazardous waste into or from the tank.
In such a situation, there would be a mixing apparatus available to be
used in the tank, but this apparatus would not be in use during normal
waste storage operations. The EPA considers some degree of splashing,
frothing, or visible turbulent flow to be allowable, provided that the
activity causing this condition is waste sampling, waste transfer, or a
similar necessary operation that is performed infrequently. The
requirements of Sec. 264.1084(c)(1) and Sec. 265.1085(c)(1) specify
that the disallowed waste management activities must not be part of the
normal process operations for that tank. The EPA intends that provision
to prohibit continual or usual performance of such procedures, but
allow the procedure when necessary to perform intermittent operations,
such as waste sampling or waste transfer (BID p. 6-54). Therefore, a
tank for which the waste transfer operation is continuous or occurs
frequently and causes visible turbulent flow, should be equipped with
organic emission controls in accordance with paragraph (b) of
Sec. 264.1084 and Sec. 265.1085. Similarly, the EPA intends that this
clarification also apply to hazardous waste management in surface
impoundments complying with the
[[Page 4909]]
floating membrane cover provisions of Sec. 264.1085(c) and
Sec. 265.1086(c).
An additional condition that must be met for the fixed-roof cover
control option requires that the waste managed in the unit have a
volatile organic vapor pressure below certain limits based on the
capacity of the tank, as described in paragraph (c)(4) of Sec. 264.1084
and Sec. 265.1085. The waste managed in the tank must meet the
appropriate volatile organic vapor pressure limits at the highest vapor
pressure that will occur under normal operating conditions. Unlike the
waste volatile organic concentration determination which must represent
individual waste streams prior to mixing or dilution, the waste organic
vapor pressure determination must indicate the vapor pressure of the
actual mixture of waste that is managed in the tank. The waste organic
vapor pressure to be compared to the limits specified in
Sec. 264.1084(c)(4) and Sec. 265.1085(c)(4) of the final rule is the
highest pressure present among any temperatures at which the waste is
present in the tank.
The EPA had intended the final subpart CC standards to allow fixed-
roof covers on tanks to be equipped with one or more pressure relieving
devices that vent directly to the atmosphere to allow for the relief of
pressure or vacuum caused by normal operations (BID p. 6-47). For the
purposes of this provision the EPA requires that the pressure relieving
device be a normally closed device that opens only when a pressure or
vacuum is created in the unit. The EPA does not intend to specify
parameters for the operation or setting of such pressure relieving
device, but rather has established a performance standard that the
facility owner or operator design and operate the conservation vents so
that emissions to the atmosphere are minimized, yet tank integrity is
protected, in accordance with sound engineering design specifications
and practices appropriate for the affected tank. This provision is
clarified in the amendments to paragraph (c) of Sec. 264.1084 and
Sec. 265.1085. This allowance for pressure relieving devices differs
from the final rule allowance for safety devices described in paragraph
(g) of Sec. 264.1084 and Sec. 265.1085, which are only allowed to vent
to the atmosphere during unplanned events. Units not eligible to be
equipped with pressure relieving devices that open during normal
operations include pressure tanks, and tanks equipped with floating
roofs.
7. Standards: Surface Impoundments
In the December 6, 1994 published rule, paragraph (d) of
Sec. 264.1085 and Sec. 265.1086 incorrectly referenced paragraph
(b)(1), which does not exist. The EPA is amending paragraph (d) of
these sections to reference paragraph (b), as intended.
8. Standards: Containers
In Sec. 264.1086 and Sec. 265.1087, paragraph (b)(1) lists three
options to demonstrate compliance for containers used to manage
hazardous waste subject to subpart CC. The first option, in paragraph
(b)(1)(i), specifies that the container operates with no detectable
emissions as tested by Method 21 in 40 CFR part 60 appendix A. This
option is appropriate for any container subject to subpart CC,
including the types of containers specified in the second and third
options. The second option, in paragraph (b)(1)(ii), is a container
with a capacity of 0.46 cubic meters, which complies with all
Department of Transportation regulations for packaging hazardous waste
for transport under 40 CFR part 178. The third option, in paragraph
(b)(2)(iii), is a tank truck or rail car that has been demonstrated
within the previous 12 months to be organic vapor tight using the
pressure test specified in Method 27 of 40 CFR part 60 appendix A. The
EPA has received several questions regarding the applicability of
Method 27 for use on vehicular containers that are not equipped with a
vapor recovery system. This method is a pressure test procedure
originally developed by the EPA for determining the vapor-leak
tightness of a gasoline tank truck equipped with a vapor recovery
system. The EPA also considers Method 27 appropriate on tank trucks and
rail cars that are used to manage hazardous waste, regardless of
whether the tank truck or rail car is equipped with a vapor recovery
system. As described above, an owner or operator of a tank truck or
rail car has the option to comply with paragraph (b)(1)(i), and
demonstrate no detectable emissions by Method 21, as does the owner or
operator of any container equal to or less than 0.46 m\3\ in capacity.
Paragraph (b)(2)(ii) of Sec. 264.1086 and 265.1087 of the December
6, 1994 final standards describes the criteria for an enclosure in
which stabilization operations performed in open containers must be
located. In describing the requirements for the enclosure, the EPA had
intended to paraphrase the specifications of Procedure T in Appendix B
to Sec. 52.741, titled ``Criteria for and Verification of a Permanent
or Temporary Total Enclosure.'' To better clarify the intended
requirements for container enclosures, the EPA is revising the
enclosure requirements of paragraph (b)(2)(ii) to specifically
reference Procedure T in Sec. 52.741, Appendix B.
The waste transfer requirements specified in paragraph (b)(3) of
Sec. 264.1086 and Sec. 265.1087 of the final rule for containers are
intended to reduce exposure of hazardous waste to the atmosphere.
Paragraph (b)(3)(i) specifically describes submerged-fill techniques to
be used; however, the EPA does not intend that submerged-fill be
performed in situations where the process of submerged-fill increases
waste exposure to the atmosphere, or worker exposure to hazardous
wastes. Certain splash loading operations are performed through a
fitted opening in the top of a container, and the transfer line is
subsequently purged with nitrogen gas to clean the interior of the line
before it is removed from the container opening. This transfer practice
could result in less waste exposure than a submerged-fill practice
performed for the same waste and container. Another container loading
practice is vapor balancing, in which the vapors displaced by
transferring waste into a container are routed to the unit from which
the waste was transferred. Thus, the EPA is adding clarifying language
to the container transfer requirements of paragraph (b)(3) in
Sec. 264.1086 and Sec. 265.1087 to direct owners or operators to
transfer waste using the procedure that will minimize exposure of waste
to the atmosphere.
The submerged filling procedure described in the final subpart CC
standards is one procedure that may be appropriate for waste transfer
into containers, but the EPA is amending these provisions to direct
owners or operators to employ the container filling practice most
appropriate for their facility operation.
The EPA originally intended the subpart CC final rules to allow
containers to vent emissions directly to the atmosphere during filling
operations. The December 6, 1994 final rules only allowed for venting
through the opening through which waste was transferred. 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. In addition to the
amendment to paragraph (b)(3) described above, the EPA is amending
paragraph (c) of Sec. 264.1086 and Sec. 265.1087 to clarify this
venting allowance.
9. Closed-Vent Systems and Control Devices
The final subpart CC standards added requirements for the
management of
[[Page 4910]]
spent carbon removed from a carbon adsorption system used to comply
with the subpart AA, BB, and CC standards. The EPA is clarifying that
the carbon management requirements are only applicable to carbon that
is hazardous waste. Spent carbon is hazardous if it exhibits a
characteristic of hazardous waste or if it is listed. Spent carbon
deriving from the treatment of listed hazardous waste is considered to
be a type of listed waste by virtue of the derived from rule found at
Sec. 261.3(c)(2). See also 56 FR at 7200 (February 21, 1991).
The EPA is amending the spent carbon management requirements of
Secs. 264.1033(m) and 265.1033(l), and paragraph (c)(3)(ii) of
Sec. 264.1087 and Sec. 265.1088 to clarify the intent described today.
The EPA is also revising Secs. 264.1033(m) and 265.1033(l) to allow
management of affected spent carbon to be conducted in certain interim
status units in addition to the permitted units specified in the
December 6, 1994 published rule.
10. Inspection and Monitoring Requirements
As published in the December 6, 1994 final rule,
Secs. 264.1033(k)(2) and 265.1033(j)(2) allowed that after the required
initial leak detection monitoring, an owner or operator is not required
to conduct annual monitoring on those closed-vent system components
which continuously operate in vacuum service. The EPA had intended that
this allowance apply to system components continuously operating under
negative pressure, because such systems would not release constituents
to the atmosphere even if there were a rupture or other loss of
integrity to the component (BID p. 6-100). However, the EPA specified
the term ``in vacuum service,'' which requires that a system operate at
an internal pressure at least 5 kPa below ambient pressure, under the
assumption that systems operating under negative pressure would meet
this requirement. The use of the term ``in vacuum service'' has
prompted several questions from the public asking EPA to clarify
whether systems operated under negative pressure, but not necessarily
in vacuum service, must be monitored annually after the initial leak
detection monitoring. The EPA had intended to not require annual
monitoring of closed-vent system components which operate under
pressure such that all emissions are routed to a control device even if
a leak or hole exists in the component. A component that continuously
operates under negative pressure would satisfy this intent, even if the
component does not necessarily operate in vacuum service. Therefore,
the EPA is amending Secs. 264.1033(k)(2) and 265.1033(j)(2) to specify
that, after the initial leak detection monitoring, an owner or operator
is not required to monitor system components which continuously operate
under negative pressure.
As published in the December 6, 1994 standards, the reference in
paragraph (d) of Sec. 264.1088 and Sec. 265.1089 incorrectly specified
that certain control devices used to comply with the subpart CC
standards must be inspected and monitored in accordance with the
procedures specified in Sec. 264.1033(f). The EPA had intended that
this reference should be to Sec. 264.1033(f)(2). The EPA is amending
paragraph (d) in Sec. 264.1088 and Sec. 265.1089 to correct this
reference and to clarify the frequency of monitoring and the
requirement for corrective measures.
11. Recordkeeping Requirements
The EPA is amending Sec. 264.1089(a)(1) and Sec. 265.1090(a)(1)
such that these paragraphs correctly reference paragraph 265.1091(a) of
the alternative tank control requirements. The EPA is also amending
Sec. 264.1089(e) and Sec. 265.1090(e) such that these paragraphs
correctly specify recordkeeping requirements for a hazardous waste
incinerator and boiler or industrial furnace used to comply with the
treatment demonstration options in Sec. 264.1082 and Sec. 265.1083.
These amendments clarify references that were incorrectly printed in
the December 6, 1994 published standards (59 FR 62896).
12. Reporting Requirements
The EPA is amending Sec. 264.1090 (c) and (d) to clarify what
noncompliance occurrences for control device operations a facility
owner or operator must report to their Regional Administrator.
13. Alternative Control Requirements for Tanks
Paragraph 265.1091(a)(1)(i) of the final subpart CC standards
specifies filling requirements for a tank equipped with an internal
floating roof. The requirement is that when the roof is resting on the
leg supports, the process of filling, emptying, or refilling shall be
continuous and shall be accomplished as rapidly as possible. The intent
of this requirement is to minimize the time during which a vapor space
exists between the floating roof and the stored waste. EPA recognizes
that facility owners or operators may not have full control over the
amount and handling of waste transferred into their tanks, and this may
lead to periods when the filling of a tank may not be continuous.
Therefore, the EPA is clarifying this requirement to state that the
process of filling shall be as continuous as possible, based on the
amount of waste and the nature of the waste handling operation.
14. Immediate Effective Date
The EPA has determined to make today's action effective
immediately. The EPA believes that the corrections being made in this
document 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 rule (for example
corrections of regulatory language that is inconsistent with the
preamble, BID, or with otherwise clearly indicated EPA intent) for
which comment is unnecessary (within the meaning of 5 USC
553(b)(3)(B)). In addition, the EPA notes that many of these
clarifications result from the public comment obtained at various
public meetings regarding the subpart CC standards that were held
during the summer of 1995. Thus, the EPA has provided for a measure of
opportunity to comment.
Docket. Five 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; and (5) RCRA docket number F-95-CE3A-FFFFF, which contains
information about potential final rule revisions made available for
public comment. 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
[[Page 4911]]
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.
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, Accumulation time, Air pollution control,
Container, Tank.
40 CFR Parts 264 and 265
Air pollution control, Container, Control device, Hazardous waste,
Incorporation by reference, Inspection, Miscellaneous unit, Monitoring,
Reporting and recordkeeping requirements, Standards, Surface
impoundment, Tank, TSDF, Waste determination.
40 CFR Part 270
Administrative practice and procedure, Air pollution control,
Confidential business information, Hazardous waste, Permit, Permit
modification, Reporting and recordkeeping requirements.
Dated: December 18, 1995.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
For the reasons set out in the preamble, title 40, chapter I, parts
262, 264, 265, 270, and 271 of the Code of Federal Regulations is
amended as follows:
PART 262--STANDARDS 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(a), 6922, 6923, 6924, 6925, 6937
and 6938, unless otherwise noted.
Sec. 262.34 [Amended]
2. Section 262.34(a)(1)(i) is amended by inserting a comma after
``subparts I'' to read ``subparts I, AA, BB and CC''.
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 B--General Facility Standards
4. Section 264.13 is amended by revising paragraphs (b)(8) (i) and
(ii) to read as follows:
Sec. 264.13 General waste analysis.
* * * * *
(b) * * *
(8) * * *
(i) If direct measurement is used for the waste determination, the
procedures and schedules for waste sampling and analysis, and the
results of the analysis of test data to verify the exemption.
(ii) If knowledge of the waste is used for the waste determination,
any information prepared by the facility owner or operator or by the
generator of the hazardous waste, if the waste is received from off-
site, that is used as the basis for knowledge of the waste.
Subpart AA--Air Emission Standards for Process Vents
5. In Sec. 264.1033 the second sentence of paragraph (a)(2) is
revised, paragraph (k)(2) is revised, and paragraph (m) is revised to
read as follows:
Sec. 264.1033 Standards: Closed-vent systems and control devices.
(a) * * *
(2) * * * 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. * * *
* * * * *
(k) * * *
(2) Closed-vent systems shall be monitored to determine compliance
with this section during the initial leak detection monitoring, which
shall be conducted by the date that the facility becomes subject to the
provisions of this section, annually, and at other times as requested
by the Regional Administrator. For the annual leak detection monitoring
after the initial leak detection monitoring, the owner or operator is
not required to monitor those closed-vent system components which
continuously operate under negative pressure or those closed-vent
system joints, seams, or other connections that are permanently or
semi-permanently sealed (e.g., a welded joint between two sections of
metal pipe or a bolted and gasketed pipe flange).
* * * * *
(m) The owner or operator using a carbon adsorption system shall
document that all carbon removed that is a hazardous waste and that is
removed from a carbon adsorption system used to comply with
Sec. 264.1033(g) and Sec. 264.1033(h) is managed in one of the
following manners, regardless of the volatile organic concentration of
that carbon:
(1) Regenerated or reactivated in a thermal treatment unit for
which the owner or operator has been issued a final permit under 40 CFR
part 270, and designs and operates the unit in accordance with the
requirements of subpart X of this part;
(2) Incinerated in a hazardous waste incinerator for which the
owner or operator either:
(i) Has been issued a final permit under 40 CFR part 270, and
designs and operates the unit in accordance with the requirements of
subpart O of this part; or
(ii) Has certified compliance with the interim status requirements
of 40 CFR part 265, subpart O; or
(3) Burned in a boiler or industrial furnace for which the owner or
operator either:
(i) Has been issued a final permit under 40 CFR part 270, and
designs and operates the unit in accordance with the requirements of 40
CFR part 266, subpart H; or
(ii) Has certified compliance with the interim status requirements
of 40 CFR part 266, subpart H.
* * * * *
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
Sec. 264.1082 [Amended]
6. In Sec. 264.1082 paragraph (c)(2)(iii) is amended by revising
``removal rate (MR) for the process is greater'' to read ``removal rate
(MR) for the process is equal to or greater''.
7. In Sec. 264.1082 paragraph (d) is amended by revising ``that is
not a hazardous waste but has an average VO concentration equal to or
greater than 100 ppmw shall'' to read ``that is a hazardous waste
shall''.
Sec. 264.1083 [Amended]
8. In Sec. 264.1083 paragraph (a)(1) is amended by revising
``placed in waste management units'' to read ``placed in a waste
management unit''.
9. In Sec. 264.1083 paragraph (b)(1) is amended by revising
``placed in waste management units'' to read ``placed in a waste
management unit''.
10. Section 264.1084 is amended by adding the following sentence to
the end of paragraph (b)(4), and revising paragraph (c) to read as
follows:
[[Page 4912]]
Sec. 264.1084 Standards: Tanks.
* * * * *
(b) * * *
(4) * * * To be considered a pressure tank for the purpose of
compliance with this subpart, a unit must operate with no detectable
emissions during filling to design capacity and the subsequent
compression of the vapor headspace.
* * * * *
(c) As an alternative to complying with paragraph (b) of this
section, an owner or operator may place hazardous waste in a tank
equipped with a cover (e.g., a fixed roof) meeting the requirements
specified in paragraph (c)(2) of this section when the hazardous waste
is determined to meet the conditions specified in paragraph (c)(1) of
this section.
(1) All of the following conditions shall be met at all times that
hazardous waste is managed in the tank under normal process operations:
(i) The hazardous waste in the tank is neither mixed, stirred,
agitated, nor circulated within the tank using a process that results
in splashing, frothing, or visible turbulent flow on the waste surface
during normal process operations;
(ii) The hazardous waste in the tank is not heated by the owner or
operator except during conditions requiring that the waste be heated to
prevent the waste from freezing or to maintain adequate waste flow
conditions for continuing normal process operations;
(iii) The hazardous waste in the tank is not treated by the owner
or operator using a waste stabilization process or a process that
produces an exothermic reaction; and
(iv) The maximum organic vapor pressure of the hazardous waste in
the tank as determined using the procedure specified in
Sec. 264.1083(c) of this subpart is less than the following applicable
value:
(A) If the tank design capacity is equal to or greater than 151
m3, then the maximum organic vapor pressure shall be less than 5.2
kPa;
(B) If the tank design capacity is equal to or greater than 75
m3 but less than 151 m3, then the maximum organic vapor
pressure shall be less than 27.6 kPa; or
(C) If the tank design capacity is less than 75 m3, then the
maximum organic vapor pressure shall be less than 76.6 kPa.
(2) To comply with paragraph (c)(1) of this section, the owner or
operator shall design, install, operate, and maintain a cover to meet
the following requirements:
(i) The cover and all cover openings (e.g. access hatches, sampling
ports, and gauge wells) shall be designed to operate with no detectable
organic emissions when all cover openings are secured in a closed,
sealed position.
(ii) Each cover opening shall be secured in a closed, sealed
position (e.g. covered by a gasketed lid or cap) at all times that
hazardous waste is in the tank except as provided for in paragraphs
(c)(2)(iii), (f)(1), and (f)(2) of this section.
(iii) One or more pressure relief devices which vent directly to
the atmosphere may be used on the cover provided that each device
remains in a closed, sealed position at all times except when tank
operating conditions require that the device open for the purpose of
preventing physical damage or permanent deformation of the tank or
cover in accordance with good engineering design practices and the
equipment manufacturer's recommendations. The device must be operated
to minimize organic air emissions to the atmosphere to the extent
practical, in consideration of good design and safety practices for
handling hazardous materials. Examples of such devices include
pressure-vacuum relief valves and conservation vents. Examples of tank
operating conditions that may require the pressure relief device to
open are filling and emptying of the tank, and internal pressure
changes caused by diurnal temperature changes.
* * * * *
Sec. 264.1084 [Amended]
11. Section 264.1084(e) introductory text, is amended by revising
``or other closed-systems, EPA considers a drain system that meets the
requirements of 40 CFR 61.346(a)(1) or 40 CFR 61.346(b)(1) through
(b)(3) to be a `closed systems''' to read ``or other closed systems for
the transfer of hazardous waste as described in paragraph (e)(1) or
(e)(2) of this section. The EPA considers a drain system that meets the
requirements of 40 CFR 61.346(a)(1) or 40 CFR 61.346(b)(1) through
(b)(3) to be a closed system.''
Sec. 264.1085 [Amended]
12. In Sec. 264.1085 paragraph (d) introductory text, is amended by
revising ``paragraph (b)(1)'' to read ``paragraph (b)''.
13. In Sec. 264.1085 paragraph (f) introductory text, is amended by
revising ``or other closed-systems, EPA considers a drain system that
meets the requirements of 40 CFR 61.346(a)(1) or 40 CFR 61.346(b)(1)
through (b)(3) to be a `closed system''' to read ``or other closed
systems for the transfer of hazardous waste as described in paragraph
(f)(1) or (f)(2) of this section. The EPA considers a drain system that
meets the requirements of 40 CFR 61.346(a)(1) or 40 CFR 61.346(b)(1)
through (b)(3) to be a closed system.''
Sec. 264.1086 [Amended]
14. Section 264.1086(b)(1) is amended by revising ``as required by
paragraph (b)(2) to read ``in accordance with the requirements of
paragraph (b)(2)''.
15. Section 264.1086 is amended by revising paragraph
(b)(2)(ii)(B), adding paragraph (b)(2)(ii)(C), revising paragraph
(b)(3) and revising paragraph (c) introductory text, to read as
follows:
Sec. 264.1086 Standards: Containers.
(b) * * *
(2) * * *
(ii) * * *
(B) The enclosure may have permanent or temporary openings to allow
worker access; passage of containers through the enclosure by conveyor
or other mechanical means; entry of permanent mechanical or electrical
equipment; or to direct airflow into the enclosure.
(C) The enclosure shall be designed and operated in accordance with
the criteria for a permanent total enclosure as specified in
``Procedure T--Criteria for and Verification of a Permanent or
Temporary Total Enclosure'' in Appendix B of Sec. 52.741.
* * * * *
(3) Transfer of the waste into or from a container shall be
conducted in such a manner as to minimize waste exposure to the
atmosphere to the extent practical, considering good engineering and
safety practices for handling hazardous materials. Examples of
container loading procedures that the EPA considers to meet the
requirements of this paragraph include using a submerged-fill method to
load liquids into the container; using a vapor-balancing or a vapor-
recovery system to collect and control the vapors displaced from the
container during filling operations; and transferring waste through a
conveyance tube that is fitted to a container opening above the liquid
level to splash-fill the material, and subsequently purging the
conveyance tube with gas prior to removing it from the container
opening.
(c) Each container opening shall be maintained in a closed, sealed
position (e.g. covered by a gasketed lid) at all times that hazardous
waste is in the container except when it is necessary to have the
opening open during procedures to:
* * * * *
16. In Sec. 264.1087 paragraph (c)(3)(ii) is revised to read as
follows:
[[Page 4913]]
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 Sec. 264.1033(m) of this part, regardless of the VO concentration of
the carbon.
* * * * *
17. Section 264.1088 is amended by revising paragraph (d) to read
as follows:
Sec. 264.1088 Inspection and monitoring requirements.
* * * * *
(d) Each control device used in accordance with the requirements of
Sec. 264.1087 of this subpart shall be inspected and monitored by the
owner or operator in accordance with the procedures specified in
Sec. 264.1033(f)(2) and Sec. 264.1033(i) of this part. The readings
from each monitoring device required by Sec. 264.1033(f)(2) shall be
inspected at least once each operating day to check control device
operation. Any necessary corrective measures should be immediately
implemented to ensure the control device is operated in compliance with
the requirements of Sec. 264.1087 of this subpart.
* * * * *
Sec. 264.1089 [Amended]
18. Section 264.1089(a)(1) is amended by revising ``40 CFR
265.1091(c)'' to read ``40 CFR 265.1091(a)''.
19. Section 264.1089(e) is amended by revising
``Sec. 264.1082(c)(2)(v) or Sec. 264.1082(c)(2)(vi)'' to read
Sec. 264.1082(c)(2)(vi) or Sec. 264.1082(c)(2)(vii)''.
Sec. 264.1090 [Amended]
20. Section 264.1090(a) is amended by revising ``reoccurrence'' to
read ``recurrence''.
21. Section 264.1090 is amended by revising the second sentence of
paragraph (c) and by revising paragraph (d) to read as follows:
Sec. 264.1090 Reporting requirements.
(a) * * *
(c) * * * The report shall describe each occurrence during the
previous 6-month period when either:
(1) A control device is operated continuously for 24 hours or
longer in noncompliance with the applicable operating values defined in
Sec. 264.1035(c)(4); or
(2) A flare is operated with visible emissions for 5 minutes or
longer in a two-hour period, as defined in Sec. 264.1033(d). * * *
(d) A report to the Regional Administrator in accordance with the
requirements of paragraph (c) of this section is not required for a 6-
month period during which all control devices subject to this subpart
are operated by the owner or operator such that:
(1) During no period of 24 hours or longer did a control device
operate continuously in noncompliance with the applicable operating
values defined in Sec. 264.1035(c)(4); and
(2) No flare was operated with visible emissions for 5 minutes or
longer in a two-hour period, as defined in Sec. 264.1033(d).
22. Section 264.1091 is amended by adding paragraph (a)(3) to read
as follows:
Sec. 264.1091 Alternative control requirements for tanks.
(a) * * *
(3) The owner or operator may elect to comply with Sec. 264.1084
(b)(2) or (b)(3) of this subpart using an alternative means of emission
limitation as specified in 40 CFR 265.1091(a)(3).
* * * * *
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
23. 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
24. Section 265.13 is amended by revising paragraph (b)(8)(i) and
(ii) to read as follows:
Sec. 265.13 General waste analysis.
* * * * *
(b) * * *
(8) * * *
(i) If direct measurement is used for the waste determination, the
procedures and schedules for waste sampling and analysis, and the
results of the analysis of test data to verify the exemption.
(ii) If knowledge of the waste is used for the waste determination,
any information prepared by the facility owner or operator or by the
generator of the hazardous waste, if the waste is received from off-
site, that is used as the basis for knowledge of the waste.
Subpart AA--Air Emission Standards for Process Vents
25. In Sec. 265.1033 the second sentence of paragraph (a)(2) is
amended, paragraph (j)(2) is revised, and paragraph (l) is revised to
read as follows:
Sec. 265.1033 Standards: Closed-vent systems and control devices.
* * * * *
(a) * * *
(2) * * * 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. * * *
* * * * *
(j) * * *
(2) Closed-vent systems shall be monitored to determine compliance
with this section during the initial leak detection monitoring, which
shall be conducted by the date that the facility becomes subject to the
provisions of this section, annually, and at other times as requested
by the Regional Administrator. For the annual leak detection monitoring
after the initial leak detection monitoring, the closed-vent system
components which continuously operate under negative pressure or those
closed-vent system joints, seams, or other connections that are
permanently or semi-permanently sealed (e.g., a welded joint between
two sections of metal pipe or a bolted and gasketed pipe flange).
* * * * *
(l) The owner or operator using a carbon adsorption system shall
document that all carbon that is a hazardous waste and that is removed
from the control device is managed in one of the following manners,
regardless of the volatile organic concentration of the carbon:
(1) Regenerated or reactivated in a thermal treatment unit for
which the owner or operator has been issued a final permit under 40 CFR
part 270, and designs and operates the unit in accordance with the
requirements of 40 CFR part 264 subpart X;
(2) Incinerated in a hazardous waste incinerator for which the
owner or operator either:
(i) Has been issued a final permit under 40 CFR part 270, and
designs and operates the unit in accordance with the requirements of 40
CFR part 264 subpart O; or
(ii) Has certified compliance with the interim status requirements
of subpart O of this part; or
(3) Burned in a boiler or industrial furnace for which the owner or
operator either:
(i) Has been issued a final permit under 40 CFR part 270, and
designs and operates the unit in accordance with the
[[Page 4914]]
requirements of 40 CFR part 266, subpart H; or
(ii) Has certified compliance with the interim status requirements
of 40 CFR part 266, subpart H.
* * * * *
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
26. Section 265.1081 is amended by revising the definition of
Cover, and adding a definition for Enclosure to read as follows:
Sec. 265.1081 Definitions.
* * * * *
Cover means a device or system which is placed on or over a
hazardous waste to create an air-tight barrier between the entire
hazardous waste surface area and the space surrounding the unit, such
that air emissions to the atmosphere are reduced. A cover may have
openings such as access hatches, sampling ports, and gauge wells that
are necessary for operation, inspection, maintenance, or repair of the
unit on which the cover is installed provided that each opening is
closed and sealed when not in use. Examples of covers include a fixed
roof installed on a tank, a floating membrane cover installed on a
surface impoundment, and a lid installed on a drum.
Enclosure means a structure that: (1) Surrounds a hazardous waste
management unit, captures organic vapors emitted from that unit, and
vents the vapors through a closed vent system to a control device; and
(2) is designed and operated in accordance with the criteria for a
permanent total enclosure as specified in ``Procedure T--Criteria for
and Verification of a Permanent or Temporary Total Enclosure'' in
Appendix B of Sec. 52.741.
Sec. 265.1081 [Amended]
27. In Sec. 265.1081, the definition of Waste determination is
amended by revising ``determining the organic reduction efficiency'' to
read ``the organic reduction efficiency'' and the definition of Waste
stabilization process is amended by adding the sentence ``This does not
include the adding of absorbent materials to the surface of a waste,
without mixing, agitation, or subsequent curing, to absorb free
liquid.'' to the end of the definition.
* * * * *
Sec. 265.1083 [Amended]
28. In Sec. 265.1083 paragraph (c)(2)(iii) is amended by revising
``removal rate (MR) for the process is greater'' to read ``removal rate
(MR) for the process is equal to or greater''.
Sec. 265.1083 [Amended]
29. In Sec. 265.1083 paragraph (d) is amended by revising ``that is
not a hazardous waste but has an average VO concentration equal to or
greater than 100 ppmw shall'' to read ``that is a hazardous waste
shall''.
30. Section 265.1084 is amended by adding paragraph (a)(2)(iii),
revising paragraph (a)(5)(iv), introductory text, revising the equation
and the first definition in paragraph (a)(5)(v)(C), adding paragraph
(b)(2)(iii), revising paragraph (b)(4)(iv), introductory text, revising
the first sentence of paragraph (b)(6)(iii)(B), revising the
definitions of Qaj and Cbj in paragraph (b)(6)(iv), and
revising the first sentence of paragraph (c)(3)(i) to read as follows:
Sec. 265.1084 Waste determination procedures.
(a) * * *
(2) * * *
(iii) When the hazardous waste is generated as part of a batch
process that is not performed repeatedly, the owner or operator shall
perform a waste determination of the VO concentration of the waste in
the batch. The result of this waste determination is the average VO
concentration for that waste.
* * * * *
(5) * * *
(iv) The following procedure shall be used to measure the VO
concentration for each discrete quantity of material identified in
paragraph (a)(5)(iii) of this section:
* * * * *
(v) * * *
(C) * * *
[GRAPHIC] [TIFF OMMITTED] TR09FE96.015
where:
C=Average VO concentration of the hazardous waste, at the point of
waste origination, ppmw.
* * * * *
(b) * * *
(2) * * *
(iii) When the hazardous waste is treated by a batch process that
is not performed repeatedly, the owner or operator shall perform a
waste determination for the treated waste in the batch. The result of
this waste determination is the average VO concentration for that
waste.
* * * * *
(4) * * *
(iv) The following procedure shall be used to measure the VO
concentration for each discrete quantity of material identified in
paragraph (b)(4)(iii) of this section:
* * * * *
(6) * * *
(iii) * * *
(B) The VO concentration of each hazardous waste stream entering
the process (Cb) during the run shall be measured in accordance
with the requirements of paragraph (a)(5)(iv) of this section. * * *
(iv) * * *
Qaj = Mass quantity of hazardous waste exiting process during run
``j'', kg/hr. * * *
Cbj = Measured VO concentration of hazardous waste entering
process during run ``j'' as determined in accordance with the
requirements of Sec. 265.1084(a)(5)(iv), ppmw.
* * * * *
(c) * * *
(3) * * *
(i) Unless otherwise specified in the methods referenced in
paragraphs (c)(3)(ii) (A) through (E) of this section, a sufficient
number of samples, but no less than three samples, shall be collected
to represent the waste contained in the tank. * * *
* * * * *
31. Section 265.1085 is amended by adding the following sentence to
the end of paragraph (b)(4) and revising paragraph (c) to read as
follows:
Sec. 265.1085 Standards: Tanks.
* * * * *
(b) * * *
(4) * * * To be considered a pressure tank for the purpose of
compliance with this subpart, a unit must operate with no detectable
emissions during filling to design capacity and the subsequent
compression of the vapor headspace.
(c) As an alternative to complying with paragraph (b) of this
section, an owner or operator may place hazardous waste in a tank
equipped with a cover (e.g., a fixed roof) meeting the requirements
specified in paragraph (c)(2) of this section when the hazardous waste
is determined to meet the conditions specified in paragraph (c)(1) of
this section.
(1) All of the following conditions shall be met at all times that
hazardous waste is managed in the tank, during normal process
operations:
(i) The hazardous waste in the tank is neither mixed, stirred,
agitated, nor circulated within the tank using a process that results
in splashing, frothing, or visible turbulent flow on the waste surface
during normal process operations;
(ii) The hazardous waste in the tank is not heated by the owner or
operator
[[Page 4915]]
except during conditions requiring that the waste be heated to prevent
the waste from freezing or to maintain adequate waste flow conditions
for continuing normal process operations;
(iii) The hazardous waste in the tank is not treated by the owner
or operator using a waste stabilization process or a process that
produces an exothermic reaction; and
(iv) The maximum organic vapor pressure of the hazardous waste in
the tank as determined using the procedure specified in
Sec. 265.1084(c) of this subpart is less than the following applicable
value:
(A) If the tank design capacity is equal to or greater than 151
m3, then the maximum organic vapor pressure shall be less than 5.2
kPa;
(B) If the tank design capacity is equal to or greater than 75
m3 but less than 151 m3, then the maximum organic vapor
pressure shall be less than 27.6 kPa; or
(C) If the tank design capacity is less than 75 m3, then the
maximum organic vapor pressure shall be less than 76.6 kPa.
(2) To comply with paragraph (c)(1) of this section, the owner or
operator shall design, install, operate, and maintain a cover to meet
the following requirements:
(i) The cover and all cover openings (e.g. access hatches, sampling
ports, and gauge wells) shall be designed to operate with no detectable
organic emissions when all cover openings are secured in a closed,
sealed position.
(ii) Each cover opening shall be secured in a closed, sealed
position (e.g., covered by a gasketed lid or cap) at all times that
hazardous waste is in the tank except as provided for in paragraphs
(c)(2)(iii), (f)(1), and (f)(2) of this section.
(iii) One or more pressure relief devices which vent directly to
the atmosphere may be used on the cover provided that each device
remains in a closed, sealed position at all times except when tank
operating conditions require that the device open for the purpose of
preventing physical damage or permanent deformation of the tank or
cover in accordance with good engineering design practices and
manufacturers recommendations. The device must be operated to minimize
organic air emissions to the atmosphere to the extent practical, in
consideration of good design and safety practices for handling
hazardous materials. Examples of such devices include pressure-vacuum
relief valves and conservation vents. Examples of tank operating
conditions that may require the pressure relief device to open are
filling and emptying of the tank, and internal pressure changes caused
by diurnal temperature changes.
* * * * *
Sec. 265.1086 [Amended]
32. Section 265.1086(d) is amended by revising ``paragraph (b)(1)''
to read ``paragraph (b)''.
Sec. 265.1087 [Amended]
33. Section 265.1087(b)(1) is amended by revising ``as required by
paragraph (b)(2)'' to read ``in accordance with the requirements of
paragraph (b)(2)''.
34. Section 265.1087 is amended by revising paragraph
(b)(2)(ii)(B), adding paragraph (b)(2)(ii)(C), revising paragraph
(b)(3) and revising paragraph (c), introductory text, to read as
follows:
Sec. 265.1087 Standards: Containers.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(B) The enclosure may have permanent or temporary openings to allow
worker access; passage of containers through the enclosure by conveyor
or other mechanical means; entry of permanent mechanical or electrical
equipment; or to direct airflow into the enclosure.
(C) The enclosure shall be designed and operated in accordance with
the criteria for a permanent total enclosure as specified in
``Procedure T--Criteria for and Verification of a Permanent of
Temporary Total Enclosure'' in Appendix B of Section 52.741.
* * * * *
(3) Transfer of the waste into or from a container shall be
conducted in such a manner as to minimize waste exposure to the
atmosphere to the extent practical, considering good engineering and
safety practices for handling hazardous materials. Examples of
container loading procedures that the EPA considers to meet the
requirements of this paragraph include using a submerged-fill method to
load liquids into the container; using a vapor-balancing or a vapor-
recover system to collect and control the vapors displaced from the
container during filling operations; and transferring waste through a
conveyance tube that is fitted to a container opening above the liquid
level to splash-fill the material, and subsequently purging the
conveyance tube with gas prior to removing it from the container
opening.
(c) Each container opening shall be maintained in a closed, sealed
position (e.g. covered by a gasketed lid) at all times that hazardous
waste is in the container except when it is necessary to have the
opening open during procedures to:
* * * * *
35. In Sec. 265.1088 paragraph (c)(3)(ii) is revised 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 Sec. 264.1033(m) of this part, regardless of the VO concentration of
the carbon.
* * * * *
36. In Sec. 265.1089 paragraph (d) is revised to read as follows:
Sec. 265.1089 Inspection and monitoring requirements.
* * * * *
(d) Each control device used in accordance with the requirements of
Sec. 265.1088 of this subpart shall be inspected and monitored by the
owner or operator in accordance with the procedures specified in
Sec. 265.1033(f)(2). The readings from each monitoring device required
by Sec. 265.1033(f)(2) shall be inspected at least once each operating
day to check control device operation. Any necessary corrective
measures should be immediately implemented to ensure the control device
is operated in compliance with the requirements of Sec. 265.1088 of
this subpart.
* * * * *
Sec. 265.1090 [Amended]
37. Section 265.1090(a)(1) is amended by revising ``as listed in
Sec. 265.1091(c)'' to read ``as listed in Sec. 265.1091(a)''.
Sec. 265.1090 [Amended]
38. Section 265.1090(e) is amended by revising ``in accordance with
Sec. 265.1083(c)(2)(vi) or Sec. 265.1083(c)(2)(v)'' to read ``in
accordance with Sec. 265.1083(c)(2)(vi) or Sec. 265.1083(c)(2)(vii)''.
39. In Sec. 265.1091 paragraph (a)(1)(i) is revised to read as
follows:
Sec. 265.1091 Alternative tank control requirements.
(a) * * *
(1) * * *
(i) The fixed roof shall comply with the requirements of
Sec. 265.1085(d)(1) of this subpart. The internal floating roof shall
rest or float on the waste surface (but not necessarily in complete
contact with it) inside a tank that has a fixed roof. The internal
floating roof shall be floating on the waste surface at all
[[Page 4916]]
times, except during initial fill and during those intervals when the
tank is completely emptied or subsequently emptied and refilled. When
the roof is resting on the leg supports, the process of filling,
emptying, or refilling shall be as continuous as possible, based on the
amount of waste and the nature of the waste handling operation, and
shall be accomplished as rapidly as possible.
* * * * *
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
MANAGEMENT PROGRAM
40. The authority citation for Part 270 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912, 6925, 6927, 6939, and 6974.
Subpart B--Permit Application
Sec. 270.27 [Amended]
41. Section 270.27(a)(1) is amended by revising ``as listed in
Sec. 265.1091(c)'' to read ``as listed in Sec. 265.1091(a)''.
Sec. 270.27 [Amended]
42. Section 270.27(a)(3) is amended by revising ``the specification
listed in Sec. 265.1087(b)(2)(ii)'' to read ``the specifications listed
in Sec. 264.1086(b)(2)(ii).''
* * * * *
[FR Doc. 96-1713 Filed 2-8-96; 8:45 am]
BILLING CODE 6560-50-P
