[Federal Register Volume 60, Number 218 (Monday, November 13, 1995)]
[Rules and Regulations]
[Pages 56952-56954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27950]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 264, 265, and 271
[FRL-5328-4]
RIN 2060-AB94
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: Notice of postponed effective date.
-----------------------------------------------------------------------
SUMMARY: This document postpones the effective date of the final rule
on Hazardous Waste Treatment, Storage, and Disposal Facilities and
Hazardous Waste Generators; Organic Air Emission Standards for Tanks,
Surface Impoundments, and Containers until June 6, 1996.
EFFECTIVE DATE: The final rule will be effective as of June 6, 1996.
The EPA specified in the final rule a schedule that established the
compliance dates by which different requirements of the final rule must
be met. These compliance dates and requirements are explained further
in the final rule (59 FR 62896, December 6, 1994) under SUPPLEMENTARY
INFORMATION. This document changes only the effective date of the
standards. The effective date will be June 6, 1996 for all provisions
of the standards, including the applicability of 40 CFR part 265
subparts AA, BB, and CC to 90-day accumulation units at hazardous waste
generators, the applicability of 40 CFR part 265 subparts AA, BB, and
CC to Resource Conservation and Recovery ACT (RCRA) permitted units,
and the applicability of the final standards to tanks in which waste
stabilization activities are performed. All other compliance dates for
the final rule remain as published in the final rule (59 FR 62896.)
ADDRESSES: Docket. The supporting information used for the final rule
is available for public inspection and copying in the RCRA docket. The
RCRA docket numbers pertaining to the final rule are F-91-CESP-FFFFF,
F-92-CESA-FFFFF, F-94-CESF-FFFFF, F-94-CE2A-FFFFF, and F-95-CE3A-FFFFF.
The docket is available for inspection at the EPA RCRA Docket Office
(5305), Room 2616, U.S. Environmental Protection Agency, 401 M Street,
S.W., Washington, D.C. 20460, telephone (202) 260-9327.
FOR FURTHER INFORMATION CONTACT: For information about this
postponement contact the RCRA Hotline at (800) 424-9346 toll-free, or
(703) 920-9810.
SUPPLEMENTARY INFORMATION:
1. Postponement of December 6, 1995 Effective Date
This notice announces the postponement of the effective date for
the final Air Emission Standards published under the RCRA. These final
standards were published on December 6, 1994 (59 FR 62896) and were
originally scheduled to become effective as of June 5, 1995. On May 19,
1995 (60 FR 26828) the EPA postponed the effective date until December
6, 1995 to allow time for the EPA to identify provisions of the final
standards that require clarification, and to publish a Federal Register
notice to clarify such provisions. The EPA expects to publish that
notice in the near future.
Subsequently, 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 standards. The
provisions of the final rule that these revisions would affect are the
waste determination procedures, the standards for containers, and the
applicability of the final standards to units that operate air emission
controls in accordance with certain Clean Air Act standards. In
addition, these revisions would reduce the monitoring, record keeping,
and reporting requirements for affected tanks, surface impoundments,
and containers.
The EPA accepted public comments on the appropriateness of these
revisions through October 13, 1995. The EPA is now reviewing the
comments received by the docket and will determine whether to revise
the final rule to incorporate the described revisions. The
incorporation of these revisions would provide certain compliance
options for waste determination procedures and for container standards
that are not currently available in the published final rule. By
January of 1996, the EPA expects to complete its review of the public
comments, and publish a Federal Register notice explaining the EPA's
decision if and how to amend the rule.
Given that the EPA intends to clarify provisions of the rule and is
actively considering amending the rule in ways that would increase
compliance flexibility and possibly reduce certain regulatory
requirements, the EPA considers it appropriate to delay the December 6,
1995 effective date for six months. This delay will both allow the
ongoing administrative review process to be completed successfully, and
allow ample time for facilities to make any necessary alterations to
their compliance plans before the effective date of the standards.
The EPA has received a request that it stay the rule, from a party
that has brought a judicial challenge to the published rule. In taking
this action to postpone the rule's effective date, the EPA is not
concurring that the criteria for a stay (such as likelihood of
irreparable harm or likelihood that these parties will ultimately
prevail should the rule be litigated) are met. Rather, as a prudential
matter, the EPA believes that a six month delay is appropriate for the
reasons explained above.
[[Page 56953]]
2. Retention of Final Compliance Date of December 8, 1997
The December 6, 1994 published rule set a final compliance date of
December 8, 1997, by which time all required air emission control
equipment must be operating (59 FR 62897). The EPA does not believe
that postponing the effective date of this rule necessitates any
postponement of the December 8, 1997 compliance date. The final
compliance date was chosen to allow time for facility modifications
that may be involved in the compliance approach of certain facilities.
The EPA believes that, for many air emission control applications, the
required control devices can be installed and in operation within
several months. However, the EPA agrees that under some circumstances,
the owner's or operator's approach to complying with the air emission
control requirements under the subpart CC standards may involve a major
design and construction project which requires a longer time to
complete. In recognition of these cases, the EPA decided that it is
reasonable to allow up to December 8, 1997 for affected facilities to
install and begin operation of air emission controls required by the
supbart CC standards. (Hazardous Waste TSDF Background Information
Document for Promulgated Organic Air Emission Standards, EPA-453/R-94-
076b, page 9-7.)
The final rule requirements that may necessitate a major
modification, as described above, for tanks are paragraphs (b) through
(d) of 40 CFR parts 264.1084 and 265.1085. These paragraphs specify air
emission control equipment that must be operated on tanks receiving
affected hazardous waste. Similarly, the requirements that may
necessitate such a major modification for surface impoundments are
paragraphs (b) through (e) of 40 CFR parts 264.1085 and 265.1086. These
paragraphs specify air emission control equipment that must be operated
on surface impoundments receiving affected hazardous waste. To comply
with these requirements for tanks and surface impoundments, facilities
may choose to construct new hazardous waste management units to replace
existing units, or may choose to modify existing hazardous waste
management units. Examples of facility equipment modifications that
could require an extended period of compliance would be replacing a
large open surface impoundment with a series of covered tanks, or
fitting an existing open tank with a fixed roof vented to a control
device. The EPA recognizes that such major modifications or new
construction can require several months or more, and therefore allows
until December 8, 1997 for facilities to comply with the air emission
control requirements of the final subpart CC standards.
In addition, certain States may require that a facility obtain a
permit modification prior to performing a major modification such as
those described above. The EPA recognizes that such permit
modifications can be a lengthy process, and therefore felt it was
appropriate to afford an extended compliance period to allow such
modifications to be obtained (59 FR 62919). The EPA does not expect
that such a lengthy period of implementation would be required in
circumstances other than those described above, although such a period
is available if necessary.
The final rule provisions that justified a compliance date of
December 8, 1997 are not among those that are potentially affected by
the revisions currently under the EPA's consideration. Specifically,
the EPA is not considering changes to the requirements for covers and
air emission controls on tanks and surface impoundments. All affected
facilities have been on notice of the final rule air emission control
requirements for these units since the final rule publication on
December 6, 1994. Therefore, the EPA does not consider it appropriate
to postpone the compliance date of December 8, 1997, by which all
required air emission control equipment must be operating.
3. Conclusion
The EPA is postponing the effective date of the final rule until
June 6, 1996. The final rule text affected by this postponement is
amended as follows.
Dated: October 31, 1995.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
For the reasons set out in the preamble, title 40, chapter I, parts
264, 265, and 271 of the Code of Federal Regulations are amended as
follows:
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
1. The authority citation for part 264 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924 and 6925.
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
2. Section 264.1080 is amended by revising paragraphs (b)(1) and
(c) to read as follows:
Sec. 264.1080 Applicability.
* * * * *
(b) * * *
(1) A waste management unit that holds hazardous waste placed in
the unit before June 6, 1996, and in which no hazardous waste is added
to the unit on or after this date.
* * * * *
(c) For the owner and operator of a facility subject to this
subpart and who received a final permit under RCRA section 3005 prior
to June 6, 1996, the requirements of this subpart shall be incorporated
into the permit when the permit is reissued in accordance with the
requirements of 40 CFR 124.15 of this chapter or reviewed in accordance
with the requirements of 40 CFR 270.50(d) of this chapter. Until such
date when the owner and operator receives a final permit incorporating
the requirements of this subpart, the owner and operator is subject to
the requirements of 40 CFR part 265, subpart CC.
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
3. The authority citation for part 265 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6935.
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
4. Section 265.1080 is amended by revising paragraph (b)(1) and
paragraph (c) introductory text to read as follows:
Sec. 265.1080 Applicability.
* * * * *
(b) * * *
(1) A waste management unit that holds hazardous waste placed in
the unit before June 6, 1996, and in which no hazardous waste is added
to the unit on or after this date.
* * * * *
(c) For the owner and operator of a facility subject to this
subpart who has received a final permit under RCRA section 3005 prior
to June 6, 1996, the following requirements apply:
* * * * *
[[Page 56954]]
5. Section 265.1082 is amended by revising paragraphs (a)
introductory text, paragraph (a)(1), (a)(2), (a)(2)(iii), and
(a)(2)(iv) to read as follows:
Sec. 265.1082 Schedule for implementation of air emission standards.
(a) Owners or operators of facilities existing on June 6, 1996, and
subject to subparts I, J, and K of this part shall meet the following
requirements:
(1) Install and begin operation of all control equipment required
by this subpart by June 6, 1995, except as provided for in paragraph
(a)(2) of this section.
(2) When control equipment required by this subpart cannot be
installed and in operation by June 6, 1996, the owner or operator
shall:
* * * * *
(iii) For facilities subject to the recordkeeping requirements of
Sec. 265.73 of this part, the owner or operator shall enter the
implementation schedule specified in paragraph (a)(2)(ii) of this
section in the operating record no later than June 6, 1996.
(iv) For facilities not subject to Sec. 265.73 of this part, the
owner or operator shall enter the implementation schedule specified in
paragraph (a)(2)(ii) of this section in a permanent, readily available
file located at the facility no later than June 6, 1996.
* * * * *
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS
6. The authority citation for part 271 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), and 6926.
Subpart A--Requirements for Final Authorization
7. Section 271.1(j) is amended by revising the December 6, 1994
entry in Table 1 to read as follows:
Sec. 271.1 Purpose and scope.
* * * * *
(j) * * *
Table 1.--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
Promulgation date Title of regulation Federal Register reference Effective date
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
December 6, 1994.......... Air Emission Standards 59 FR 62896-62953 June 6, 1996.
for Tanks, Surface
Impoundments, and
Containers.
----------------------------------------------------------------------------------------------------------------
8. Section 271.1(j) is amended by revising the December 6, 1995
entry in Table 2 to read as follows:
Sec. 271.1 Purpose and scope.
* * * * *
(j) * * *
Table 2.--Self-Implementing Provisions of the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
Self-implementing Federal Register
Effective date provision RCRA citation reference
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
June 6, 1996.............. Air Emission Standards 3004(n) 59 FR 62896-62953
for Tanks, Surface
Impoundments, and
Containers.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 95-27950 Filed 11-9-95; 8:45 am]
BILLING CODE 6560-50-P
