64636 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 264, 265, and 270

[IL–64–2–5807; FRL–5931–7]

RIN 2060–AG44

Hazardous Waste Treatment, Storage,

and Disposal Facilities and Hazardous

Waste Generators; Organic Air

Emission Standards for Tanks, Surface

Impoundments, and Containers

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; clarification and

technical amendment.

SUMMARY: Under the authority of the

Resource Conservation and Recovery

Act (RCRA), as amended, the EPA has

promulgated standards (59 FR 62896,

December 6, 1994) to reduce organic air

emissions from certain hazardous waste

management activities to levels that are

protective of human health and the

environment. (The standards are known

colloquially as the ‘‘subpart CC’’

standards due to their inclusion in

subpart CC of parts 264 and 265 of the

RCRA subtitle C regulations). These air

standards control organic emissions

from certain tanks, containers, and

surface impoundments (including tanks

and containers at generators’ facilities)

used to manage hazardous waste

capable of releasing organic waste

constituents at levels which can harm

human health and the environment.

Since publication of the final

standards on December 6, 1994, the EPA

has given public notice and taken

comment on several proposed revisions

to the final rule, and has made

corresponding amendments. In response

to public comments and inquiries,

today’s action makes clarifying

amendments to certain regulatory text,

and provides clarification of certain

preamble language that was contained

in previous documents for this

rulemaking.

DATES: These amendments are effective

December 8, 1997.

ADDRESSES: This document is available

on the EPA’s Clean-up Information

Bulletin Board (CLU–IN). To access

CLU–IN with a modem of up to 28,800

baud, dial (301) 589–8366. First time

users will be asked to input some initial

registration information. Next, select

‘‘D’’ (download) from the main menu.

Input the file name ‘‘RCRA–FIN.ZIP’’ to

download this document. Follow the

on-line instructions to complete the

download. More information about the

download procedure is located in

Bulletin 104; to read this type ‘‘B 104’’

from the main menu. For additional

help with these instructions, telephone

the CLU–IN help line at (301) 589–8368.

Docket. The supporting information

used for the subpart CC rulemaking is

available for public inspection and

copying in the RCRA docket. The RCRA

docket numbers pertaining to this

rulemaking are F–91–CESP–FFFFF, F–

92–CESA–FFFFF, F–94–CESF–FFFFF,

F–94–CE2A–FFFFF, F–95–CE3A–

FFFFF, F–96–CE3F–FFFFF, and F–96–

CE4A–FFFFF. The RCRA docket is

located at Crystal Gateway, 1235

Jefferson Davis Highway, First Floor,

Arlington, Virginia. Review of docket

materials is conducted at the Virginia

address; the public must have an

appointment to review docket materials.

Appointments can be scheduled by

calling the Docket Office at (703) 603–

9230. The mailing address for the RCRA

docket office is RCRA Information

Center (5305W), U.S. Environmental

Protection Agency, 401 M Street SW,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: For

general information about the RCRA Air

Rules, or specific rule requirements of

RCRA rules, please contact the RCRA

Hotline, toll-free at (800) 424–9346.

Contacts for specific information are

listed in the SUPPLEMENTARY

INFORMATION section of this preamble.

SUPPLEMENTARY INFORMATION:

Regulated Entities: The entities

potentially affected by this action

include:

Category Examples of regulated entities

Industry ........................................ Businesses that treat, store, or dispose of hazardous waste and are subject to RCRA subtitle C permitting

requirements, or that accumulate hazardous waste on-site in RCRA permit-exempt tanks or containers

pursuant to 40 CFR 262.34(a).

Federal Government .................... Federal agencies that treat, store, or dispose of hazardous waste and are subject to RCRA subtitle C permitting requirements, or that accumulate hazardous waste on-site in RCRA permit-exempt tanks or containers

pursuant to 40 CFR 262.34(a).

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

interested in the amendments to the

regulation affected by this action. To

determine whether your facility is

regulated by this action, you should

carefully examine the applicability

criteria in § 264.1030 and § 265.1030 of

the RCRA subpart AA rules, § 264.1050

and § 265.1050 of the RCRA subpart BB

rules, and § 264.1080 and § 265.1080 of

the RCRA subpart CC air rules.

Informational Contacts

If you have questions regarding the

applicability of this action to a

particular situation, or questions about

compliance approaches, permitting,

enforcement and rule determinations,

please contact the appropriate regional

representative below:

Region I

Stephen Yee, (617) 565–3550; Jim

Gaffey, 565–3437; U.S. EPA, Region I,

JFK Federal Building, Boston, MA

02203–0001

Region II

Abdool Jabar, (212) 637–4131; John

Brogard, 637–4162; Jim Sullivan, 637–

4138; U.S. EPA, Region II, 290

Broadway, New York, NY 10007–1866

Region III

Linda Matyskiela, (215) 566–3420;

Andrew Clibanoff, 566–3391; U.S.

EPA, Region III, 841 Chestnut

Building, Philadelphia, PA 19107

Region IV

Denise Housley, (404) 562–8495; Rick

Gillam, 562–8498; Jan Martin, 562–

8593; Anita Shipley, 562–8466;

Donna Wilkinson, 562–8490; Judy

Sophianolpoulos, 562–8604; David

Langston, 562–8588; U.S. EPA, Region

IV, 61 Forsyth Street, Atlanta, GA

30303

Region V

Jae Lee, (312) 886–3781; Uylaine

McMahan, 886–4454; Mike Mikulka,

886–6760; Ivonne Vicente, 886–4449;

Wen Huang, 886–6191; U.S. EPA,

Region V, 77 West Jackson Street,

Chicago, IL 60604

Region VI

Michelle Peace, (214) 665–7430; Teena

Wooten, 665–2279; U.S. EPA, Region
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64637

VI, 1445 Ross Avenue, Suite 1200,

Dallas, TX 75202–2733

Region VII

Ed Buckner, (913) 551–7621; Ken

Herstowski, 551–7631; U.S. EPA,

Region VII, 726 Minnesota Avenue,

Kansas City, KS 66101

Region VIII

Mindy Mohr, (303) 312–6525; Janice

Pearson, 312–6354; U.S. EPA, Region

VIII, 999 18th Street, Suite 500,

Denver, CO 80202–2466

Region IX

Stacy Braye, (415) 774–2056; Jean

Daniel, 774–2128; U.S. EPA, Region

IX, 75 Hawthorne Street, San

Francisco, CA 94105

Region X

Linda Liu, (206) 553–1447; David

Bartus, 553–2804; U.S. EPA, Region

X, 1200 Sixth Avenue, Seattle, WA

98101

For questions about testing or

analytical methods mentioned in this

document, please contact Ms. Rima

Dishakjian, Emission Measurement

Center (MD–19), U.S. Environmental

Protection Agency, Research Triangle

Park, North Carolina 27711, telephone

number (919) 541–0443. For

information concerning the analyses

performed in developing this rule,

contact Ms. Michele Aston, Emission

Standards Division (MD–13), U.S.

Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, telephone number (919) 541–

2363, electronic mail address,

‘‘aston.michele@epamail.epa.gov.’’

Background

Section 3004(n) of RCRA requires

EPA to develop standards to control air

emissions from hazardous waste

treatment, storage, and disposal

facilities (TSDF) as may be necessary to

protect human health and the

environment. This requirement echoes

the general requirement in RCRA

section 3004(a) and section 3002(a)(3) to

develop standards to control hazardous

waste management activities as may be

necessary to protect human health and

the environment. The Agency has

issued a series of regulations to

implement the section 3004(n) mandate;

these regulations control air emissions

from certain process vents and

equipment leaks (part 264 and part 265,

subparts AA and BB), and emissions

from certain tanks, containers, and

surface impoundments (the subpart CC

standards, which are the primary

subject of today’s action).

The EPA today is making technical

amendments to the final subpart AA,

BB, and CC standards, and providing

interpretations for certain provisions of

those rules. Since the publication of the

final subpart CC rule (59 FR 69826,

December 4, 1994), the EPA has

published four Federal Register

documents that delayed the effective

date of that rule. The first (60 FR 26828,

May 19, 1995) revised the effective date

of the standards to be December 6, 1995.

The second (60 FR 56952, November 13,

1995) revised the effective date of the

standards to be June 6, 1996. The third

(61 FR 28508, June 5, 1996) further

postponed the effective date for the rule

requirements until October 6, 1996, and

the fourth (61 FR 59931, November 25,

1996) established the ultimate effective

date of December 6, 1996. The EPA has

also issued an indefinite stay of the

standards specific to units managing

wastes produced by certain organic

peroxide manufacturing processes (60

FR 50426, September 29, 1995).

On August 14, 1995, the EPA

published a Federal Register document

entitled, ‘‘Proposed rule; data

availability’’ (60 FR 41870) and opened

RCRA docket F–95–CE3A–FFFFF to

accept comments on revisions that the

EPA was considering for the final

subpart CC standards. The EPA

accepted public comments on the

appropriateness of these revisions

through October 13, 1995. Throughout

1996 and into the present year, the EPA

also engaged in repeated discussions

with representatives of the groups filing

petitions for review challenging the

subpart CC standards.

To further inform the affected public

of the major clarifications, compliance

options, and technical amendments

being considered, the EPA conducted a

series of seminars during August and

September of 1995. At that time, a total

of six seminars were held nationally. An

updated series of six seminars was held

in September through December 1996

and two additional seminars were held

March and April of 1997 in conjunction

with an industry trade association.

(Refer to EPA RCRA Docket No. F–95–

CE3A–FFFFF.) During these seminars,

additional comments were received on

the RCRA air rules for tanks, surface

impoundments, and containers. These

comments were also considered by the

EPA in developing this final action.

On February 9, 1996, the EPA

published a Federal Register document

(61 FR 4903), ‘‘Final rule; technical

amendment,’’ which made clarifying

amendments in the regulatory text of the

final standards, corrected typographical

and grammatical errors, and clarified

certain language in the preamble to the

final rule to better convey the EPA’s

original intent.

On November 25, 1996, the EPA

published a Federal Register document

(61 FR 59932), ‘‘Final rule’’ that

amended provisions of the final

subparts AA, BB, CC rules to better

convey the EPA’s original intent, to

provide additional flexibility to owners

and operators who must comply with

the rules, and to change the effective

date of the requirements contained in

the subpart CC rules to be December 6,

1996.

Today’s action makes technical

amendments to the final subparts AA,

BB, CC rules in order to clarify the

regulatory text of the final standards;

interpret those standards; correct

typographical, printing, and

grammatical errors; and clarify certain

language published in the preambles of

previous Federal Register documents, to

better convey the EPA’s original intent.

Today’s amendments include one

change to 40 CFR Part 270, to correct a

typographical error made in the

December 6, 1994 final rule. The text

listing the sections of regulatory

requirements that must be included in

the general inspection schedule

incorrectly listed ‘‘245.193(i)’’ where

section 264.193(i) was intended. This

was obviously a typographical error, as

all of the sections listed in that

provision are from 40 CFR part 264; the

sections are listed in numeric order, and

‘‘245.193(i)’’ was very obviously out of

place. Further, no section 245.193(i)

exists; in fact, no 40 CFR 245 exists.

Today’s amendment corrects this

typographical error.

Outline

The information presented in this

preamble is organized as follows:

I. Subpart B—General Facility Standards

II. Subpart E—Manifest System,

Recordkeeping, and Reporting

III. Subpart AA—Air Emission Standards for

Process Vents

A. Applicability

B. Definitions

C. Standards: Closed-Vent Systems and

Control Devices

D. Recordkeeping Requirements

IV. Subpart BB—Air Emission Standards for

Equipment Leaks

A. Applicability

B. Standards: Closed-Vent Systems and

Control Devices

C. Alternative Standards for Valves

D. Recordkeeping Requirements

E. Open-ended Valves and Lines

V. Subpart CC—Air Emission Standards for

Tanks, Surface Impoundments, and

Containers

A. Applicability and Definitions

B. Schedule for Implementation of Air

Emission Standards

C. Standards: General
64638 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

D. Waste Determination Procedures

E. Standards: Tanks

F. Standards: Surface Impoundments

G. Standards: Containers

H. Standards: Closed-Vent Systems and

Control Devices

I. Recordkeeping and Reporting

Requirements

J. Appendix VI to Part 265

VI. Administrative Requirements

A. Docket

B. Paperwork Reduction Act

C. Executive Order 12866

D. Regulatory Flexibility

E. Unfunded Mandates Act

F. Immediate Effective Date

VII. Legal Authority

I. Subpart B—General Facility

Standards

Today’s action removes

§§ 264.1091(b) and 265.1091(b) from the

list of sections in §§ 264.15 and 265.15,

respectively. Sections 264.15 and 265.15

contain a list of provisions from which

inspection items and frequencies are

required to be included in the general

facility inspection schedule. The

inspection requirements for floating roof

tanks that were in §§ 264.1091(b) and

265.1091(b) of subpart CC as

promulgated, were incorporated into

§§ 264.1084 and 265.1085 by the

November 25, 1996, final rule

amendments (61 FR 59944). That action

also removed and reserved

§§ 264.1091(b) and 265.1091(b).

Therefore, the EPA is revising this

provision to reference the paragraphs

that now contain the inspection

requirements. The EPA is also

correcting a previous omission, by

including a reference to the sections of

subpart CC that include inspections

requirements.

II. Subpart E—Manifest System,

Recordkeeping, and Reporting

Today’s action also removes

§§ 264.1091(b) and 265.1091(b) from the

list of sections from which monitoring,

testing, or analytical data, and corrective

action requirements must be included in

the facility operating record. The

monitoring and testing requirements for

floating roof tanks that were in

§§ 264.1091(b) and 265.1091(b) of

subpart CC as promulgated, were

incorporated into §§ 264.1084 and

265.1085 by the November 25, 1996

final rule amendments (61 FR 59944)

and, as just noted, §§ 264.1091(b) and

265.1091(b) were removed and reserved.

Therefore, the EPA is revising this

provision to reference the paragraphs

that now contain the appropriate

requirements, and including a reference

to provisions of subpart CC that were

previously omitted through an

oversight.

III. Subpart AA—Air Emission

Standards for Process Vents

A. Applicability

In today’s action, the EPA is

amending §§ 264.1030(b)(3),

264.1050(b)(3), 265.1030(b)(3), and

265.1050(b)(3) to make clear the EPA’s

original intent as to when recycling

units are subject to the subpart AA and

BB rules. The EPA made clear in the

November 25, 1996 preamble that

recycling units which are otherwise

exempt from RCRA subtitle C regulation

under 40 CFR 261.6(c)(1) are not subject

to subpart AA and BB standards unless

some other unit at the facility has to

obtain a RCRA permit. See 61 FR at

59932–33, and 59935. The Agency also

showed how the existing regulation

could be interpreted to give this result.

Id. at 59935. Put another way, Subparts

AA and BB are applicable to recycling

units at permitted TSDF and interim

status TSDF. Also, at both TSDF and

generator facilities (generators’ 90-day

accumulation units), subparts AA and

BB are applicable to units that are not

recycling units. However, the EPA

believes that the rule language can be

drafted to make this point more clearly,

and is doing so in today’s rule, for both

subpart AA and BB.

The EPA is further clarifying that the

RCRA ‘‘permit-as-shield’’ provisions do

not apply to the subpart AA (or the

subpart BB or CC standards); see Section

VI.E of the preamble to the final rule, 59

FR 62910, December 6, 1994. This

means that owners and operators

receiving permits before the date those

rules became effective must

nevertheless comply with the subpart

AA (and the subpart BB and CC)

regulatory standards. The EPA is adding

a sentence to § 264.1030(c) which

essentially cross-references the existing

§ 270.4(d) provision stating that

‘‘permit-as-a shield’’ does not apply to

these units.

The EPA has previously amended 40

CFR 270.4 (see 59 FR 62952, December

6, 1994) to require that owners and

operators of TSDF that have been issued

final permits prior to December 6, 1996,

comply with the air standards under 40

CFR part 265, subparts AA, BB, and CC

until the facility’s permit is reviewed or

reissued by the EPA. As was explained

in Section VIII.A of the preamble to the

final rule (59 FR 62920, December 6,

1994), this amendment eliminates

application of the ‘‘permit-as-a-shield’’

practice for these air standards but does

not require that the EPA or the TSDF

owner or operator initiate a permit

modification to add the requirements of

40 CFR part 264, subparts AA, BB, or

CC. The EPA believes that this

minimizes the administrative burden on

the TSDF owner or operator as well as

limits the additional burden on the

permitting resources of the EPA.

However, when a permit is reopened or

subject to renewal, or when a TSDF

owner or operator submits a Class 3

modification request pertaining to an

existing unit or addition of a new unit

subject to these standards, then the

applicable requirements of 40 CFR part

264, subparts AA, BB, and CC will be

incorporated into the modified permit

conditions.

The EPA is also amending the

applicability provision of subpart AA by

adding a new § 264.1030(d) and

§ 265.1030(d). This provision states that

a process vent is not subject to the

subpart AA standards provided the

owner or operator certifies that all

subpart AA-regulated process vents at

the facility are equipped with and

operating air emission controls in

accordance with the requirements of an

applicable Clean Air Act regulation

codified in Part 60, 61, or 63. The EPA

adopted a similar provision for units

subject to subpart CC as part of the

November 1996 amendments (see

§ 264.1080(d) and § 265.1080(d) of

subpart CC) and the logic for applying

the same exemption in the same manner

to subpart AA process vents is identical.

The preamble discussion at Section

IV.C, 61 FR 59938–59939 (November 25,

1996) explains at length why this

exemption avoids unnecessary

duplication with CAA requirements, all

of which discussion applies equally

here. The EPA in fact intended that the

exemption apply to subpart AA process

vents as well (since there is no basis for

distinguishing between subpart AA and

CC units for this purpose), but

inadvertently omitted the exemption

from subpart AA when it codified the

subpart CC exemption. Today’s

amendment corrects that oversight.

This exemption is, however,

implemented slightly differently from

the parallel exemption for subpart CC

units. Both of the compliance

approaches allowed under the existing

subpart AA rules require emission

control or emission limits on a facilitywide basis. See 40 CFR 264.1032(a)(1)

and (a)(2). Thus, to be equally protective

of human health and the environment,

the EPA considers it necessary that any

alternative compliance demonstration

require control of all of the process

vents at the facility that would have

otherwise been regulated under subpart

AA. Therefore, today’s exemption is

only available at a facility where each

and every process vent that would

otherwise be subject to subpart AA is

equipped with, and operating air
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64639

emission controls, in compliance with

an applicable CAA standard under Parts

60, 61, or 63. As with the similar

provisions in subparts BB and CC, to

comply with the requirements at

paragraphs § 264.1030(d) or

§ 265.1030(c), the emissions from each

subpart AA process vent must be routed

through an air emission control device;

a vent that is in compliance with a CAA

standard under an exemption from

control device requirements is not in

compliance with those provisions of

subpart AA. Despite this minor

restriction, the EPA considers this

alternative to provide the facility owner

or operator with a broader degree of

compliance flexibility, and less

extensive monitoring, recordkeeping,

and reporting requirements under

RCRA, and therefore to warrant

promulgation.

The EPA has received inquiries as to

whether portable equipment that

otherwise meets the definition of a unit

subject to the subpart AA, BB, or CC

regulations, is subject to the

requirements of subparts AA, BB, and

CC. The literal language of the

regulations clearly applies, since there

is no exemption for portable equipment

in the regulations. Nor does the EPA

consider that such an exemption is

appropriate. Portable equipment that is

used to manage hazardous waste

consistent with the applicability

requirements of these subparts would

emit the same volume of organics that

stationary equipment would emit. The

EPA therefore considers it appropriate

to subject portable equipment to the

same control requirements as stationary,

or non-portable equipment. By this

interpretation, the EPA is not extending

the applicability of the AA, BB, or CC

standards; rather, the EPA is merely

clarifying that these standards do not

contain any exemption or special

criteria for portable equipment.

Moreover, the fact that such portable

equipment may also be used for nonhazardous waste applications has no

bearing on the EPA’s intent to regulate

the portable equipment during instances

when it is used for hazardous waste

applications. The EPA does not consider

that fact to affect the need to control the

equipment when it is in hazardous

waste service.

B. Definitions

‘‘In light liquid service’’ was defined

in § 264.1031 to be consistent with the

definition of ‘‘in light liquid service’’ in

the NSPS for equipment leaks of VOC in

the synthetic organic chemicals

manufacturing industry (40 CFR part 60,

subpart VV). It was the EPA’s intent that

the determination of ‘‘in light liquid

service’’ be based on the organic content

of a liquid. However, questions have

been raised by the regulated community

regarding how to account for water in

the determination of ‘‘in light liquid

service.’’ In response to the questions,

the definition of ‘‘in light liquid

service’’ in § 264.1031 is revised by

changing ‘‘* * * the vapor pressure of

one or more of the components in the

stream is greater than 0.3 kilopascals

(kPa) at 20 °C, the total concentration of

the pure components having a vapor

pressure greater than 0.3 kilopascals

(kPa) at 20 °C is equal to or greater than

20 percent by weight * * *’’ to read as

follows ‘‘* * *the vapor pressure of one

or more of the organic components in

the stream is greater than 0.3 kilopascals

(kPa) at 20 °C, the total concentration of

the pure organic components having a

vapor pressure greater than 0.3

kilopascals (kPa) at 20 °C is equal to or

greater than 20 percent by weight* * *’’

This revision clarifies that the definition

applies only to the organic components

of the waste stream; not to non-organic

chemicals that meet the vapor pressure

criteria (e.g., water). The revised

definition is consistent with the

definition of ‘‘in light liquid service’’ in

the recently promulgated NESHAP for

equipment leaks (40 CFR part 63,

subpart H).

C. Standards: Closed-Vent Systems and

Control Devices

The final subpart AA air emission

standards for process vents provided up

to an 18-month implementation

schedule after the effective date that a

facility becomes subject to the

provisions of subpart AA, for

installation and operation of closed-vent

systems and control devices. The

February 9, 1996 (61 FR 4911) revisions

to §§ 264.1033(a)(2) and 265.1033(a)(2)

extended the implementation schedule

to as much as 30 months, consistent

with the requirements of subpart CC.

Consistent with this existing provision,

today’s revisions clarify that units

which become newly subject after the

subpart AA effective date of December

21, 1990 as a result of an EPA regulatory

change or statutory change, are also

provided a 30-month implementation

schedule. The provision is also

amended to clarify that units which

become newly subject to subpart AA

after that effective date due to any

reason other than an EPA regulatory

change or statutory amendment are not

allowed to comply using an

implementation schedule; they must be

in compliance on the date that the unit

first becomes subject to subpart AA.

A printing correction is also being

made to this section in

§ 265.1033(f)(2)(vi)(B). The degree

symbol was inadvertently printed in

lower case rather than as a superscript;

today’s action corrects this.

The November 25, 1996, amendments

to the subpart CC standards (at

§ 265.1088(c)(2)(i)) for control devices

and closed-vent systems, added

provisions to allow up to 240 hours per

year for periods of planned, routine

maintenance of a control device; during

such time, the control device is not

required to meet the performance

requirements for emission reductions

specified in the rule. The EPA’s

rationale for adding this allowance to

subpart CC is explained in the preamble

to those amendments at 61 FR 59948.

The EPA has determined that, based on

the nature of the affected operation or

the type of unit that is being served by

the control device, there are

circumstances in which a limited

allowance for control device down-time

during maintenance is reasonable. For

example, the EPA made a similar

allowance of up to 240 hours for control

device performance in the HON

requirements for storage vessels, i.e.,

tanks, (see § 63.119(e)(3)); this

allowance was made based on

consideration of the fact that a HON

facility with affected storage vessels

normally would not have adequate

excess storage tank capacity to handle

emptying an affected tank(s) each time

the control device serving the vessel(s)

is shut down for routine maintenance. It

is also important to note that the HON

regulation did not extend this same

routine maintenance allowance for

control devices to other types of units,

or to affected process vents; the HON

allowance is only for control devices

serving storage vessels. The EPA has

judged that the operational practices of

process vents are significantly different

from those of storage vessels, and thus

do not warrant a similar allowance for

control device down-time.

In the amendments to the subpart CC

rule that were published in November

1996, the EPA adopted the provision

from the HON, and further extended

and broadened the control device

allowance in applying it to control

devices that serve not only tanks but

also surface impoundments and

containers (see § 264.1087(c)(2)(i)). The

decision to extend the allowance to the

subpart CC hazardous waste

management units was also based on the

consideration of typical operational

practices of affected TSDF. Within the

waste management industry, the

quantities and compositions of the

waste managed vary widely over time;

also, many regulated waste management

units (i.e., tanks and impoundments)
64640 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

have vent flow rates low enough that

several units are controlled using a

single device. For several waste

management units served by a single

control device, it is not feasible in most

cases to have enough excess storage

capacity to handle all the units that

would be served by a single control

device. Therefore, the EPA included the

control device maintenance allowance

in the subpart CC standards for

containers and surface impoundments,

as well as for tanks. As in the case of

the HON, the EPA does not consider it

appropriate to extend the control device

allowance for maintenance time to

control devices serving process vents.

Therefore, the EPA is not extending the

control device maintenance allowance

to subpart AA process vents.

It also has come to the attention of the

EPA that some commenters have

misinterpreted the language relating to

the accuracy of the temperature

monitoring devices that the EPA

specified in the subpart AA standards

for closed-vent systems and control

devices, found at §§ 264.1033(f) and

265.1033(f). As these commenters

interpret the rule language, the EPA has

specified a degree of accuracy that

precludes monitoring devices with

greater accuracy than is specified in the

regulations. This is not the EPA’s intent,

and the Agency does not consider this

to be a reasonable interpretation of the

rule. At numerous places in this rule

and other rules, the EPA has specified

the accuracy of temperature monitoring

devices by requiring ‘‘an accuracy of ±1

percent of the temperature being

monitored in degrees Celsius (°C) or

±0.5°C, whichever is greater.’’ It is

implicit in the use of this language that

the EPA is providing a range of accuracy

with which the monitoring device must

comply or conform. For example, the

term ‘‘±1 percent’’ indicates that the

accuracy of the device must fall within

the range from plus 1 percent to minus

1 percent. Any device that has an

accuracy within this range complies

with the rule requirement. It was not the

intent of the EPA to preclude the use of

devices with greater (i.e., better)

accuracy than the absolute value

specified.

D. Recordkeeping Requirements

Commenters have stated that the

requirement at § 265.1035(c)(10)(iv) to

record the maximum instrument reading

measured by Method 21 after a leak has

been successfully repaired or

determined to be not repairable is

unnecessary. They contend that because

other rules which require use of EPA

Method 21, such as the Off-Site Waste

and Recovery Operations NESHAP (40

CFR part 63, subpart DD), do not require

this instrument reading, the requirement

should be removed. Although subpart

DD to part 63 does not contain a similar

recordkeeping requirement for the

instrument reading, as part of the

information recorded when a leak is

detected using Method 21, various other

regulations do have similar

requirements (see § 63.181(d)(4) of 40

CFR part 63, subpart H, National

Emission Standards for Organic

Hazardous Air Pollutants for Equipment

Leaks). The EPA continues to believe

that this information is useful in the

implementation and enforcement of the

air emission regulations. Instrument

monitoring after a repair is an indication

of the success of the repair, information

which EPA considers commensurate

with the initial leak monitoring

requirements at § 265.1033(k)(1)(i).

Instrument monitoring upon

determination that a leak is not

repairable is an indication of the

severity of the organic emissions that

will continue to be emitted from the

non-repairable equipment, which EPA

considers valuable information for the

implementation and future review of its

organic air emissions standards.

Therefore, EPA will maintain this

recordkeeping requirement.

IV. Subpart BB—Air Emission

Standards for Equipment Leaks

A. Applicability

Today’s action adds appropriate

language to the subpart BB applicability

provisions to cross reference and clarify

that the EPA has modified the ‘‘permitas-a-shield’’ practice for implementation

of the subpart BB (as well as the subpart

AA and CC) RCRA air rules. The

modification of this practice affects

owners and operators of existing TSDF

for which final RCRA permits have been

issued by the EPA. Paragraph (c) in

§ 264.1050 and § 265.1050 is being

revised to clarify that the owner or

operator is subject to the requirements

of 40 CFR part 265, subpart BB until

such date that the owner or operator

receives a final RCRA permit

incorporating the requirements of 40

CFR part 264, subpart BB.

The EPA has previously amended 40

CFR 270.4 (see 59 FR 62952, December

6, 1994) to require that owners and

operators of TSDF that have been issued

final permits prior to December 6, 1996,

comply with the air standards under 40

CFR part 265, subparts AA, BB, and CC

until the facility’s permit is reviewed or

reissued by the EPA to include the part

264 standards. As is explained in

Section VIII.A of the preamble to the

final rule (59 FR 62920, December 6,

1994), this amendment eliminates

application of the ‘‘permit-as-a-shield’’

practice for these air standards, but does

not require that the EPA or the TSDF

owner or operator initiate a permit

modification to add the requirements of

40 CFR part 264, subparts AA, BB, or

CC. The EPA considers the existing

regulatory text to accurately convey this

intent, and is providing this preamble

discussion in response to commenters’

requests.

B. Standards: Closed-Vent Systems and

Control Devices

The final subpart BB air emission

standards for equipment leaks

referenced the subpart AA closed-vent

system and control device requirements

to provide up to an 18-month

implementation schedule after the

effective date that a facility becomes

subject to the provisions of subpart BB,

for installation and operation of closedvent systems and control devices. The

February 9, 1996 (61 FR 4911) revisions

to §§ 264.1060 and 265.1060 added a

paragraph to extend the implementation

schedule to as much as 30 months,

consistent with the requirements of

subpart CC. Today’s amendments clarify

that units that begin operation after the

subpart BB effective date of December

21, 1990, and that become subject to the

requirements of subpart BB because of

an EPA regulatory change or a statutory

change after December 21, 1990, are also

provided a 30-month implementation

schedule. The provision is also

amended to clarify that units which

become newly subject to subpart BB

after that effective date due to any

reason other than an EPA regulatory

change or a statutory amendment are

not allowed to comply using an

implementation schedule; they must be

in compliance on the date that the unit

first becomes subject to subpart BB. In

recognition that facilities have been on

notice since 1990 of the applicability of

subparts AA and BB, and since 1991 of

the applicability of subpart CC, the EPA

considers it reasonable to expect

facilities that become newly-subject to

these subparts, through other than a

statutory or EPA regulatory change, to

be in compliance with the provisions on

the date that they become newly subject.

C. Alternative Standards for Valves

Clarifying language is being added to

the alternative standards for valves in

gas/vapor service or in light liquid

service: skip period leak detection and

repair. The EPA has received comments

on the ambiguity of the skip period leak

detection and repair provisions as

codified. The codified language is

ambiguous because it gives no
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64641

indication of how the alternative work

practice that involves two consecutive

quarterly leak detection periods with

the percentage of valves leaking equal to

or less than 2 percent which allows the

owner or operator to skip one of the

quarterly leak detection periods

[§ 264.1062(b)(2) or § 265.1062(b)(2)]

interacts with the alternative work

practice that involves five consecutive

quarterly leak detection periods with

the percentage of valves leaking equal to

or less than 2 percent which allows the

owner or operator to skip three of the

quarterly leak detection periods

[§ 264.1062(b)(3) or § 265.1062(b)(3)].

Nor is the codified language clear on

whether the periods with the percentage

of valves leaking equal to or less than

2 percent need to be repeated after the

initial skipped periods, or if the owner

or operator is allowed to continue on

the skip period schedule once the

criteria have been met for one period.

In order to clarify the EPA’s intent

regarding the skip monitoring

alternatives, paragraphs in § 264.1062(b)

and § 265.1062(b) are being amended to

more fully explain that, if the specified

criteria are met under the alternatives,

the owner or operator can monitor for

leaks once every six months (i.e., under

§ 264.1062(b)(2)) or once every year (i.e.,

under § 264.1062(b)(3)). If an owner or

operator is monitoring equipment every

six months, under § 264.1062(b)(2), he is

not complying with the five consecutive

quarterly leak detection requirements of

§ 264.1062(b)(3), and thus does not

qualify to begin monitoring once every

year. Essentially, if an owner or operator

meets the requirements of subsection

(b)(2), he may choose to either begin

monitoring every six months, or he may

choose to continue quarterly monitoring

in an attempt to meet the requirements

of subsection (b)(3); complying with the

provision of subsection (b)(2) excludes

the opportunity to comply with the

requirements of subsection (b)(3).

Once an owner or operator meets the

qualifications of either subsection (b)(2)

or subsection (b)(3), he is then allowed

to continue the skip monitoring of that

provision as long as the percentage of

valves found leaking by the semiannual

or annual monitoring is equal to or less

than 2 percent. These clarifying

amendments reflect the Agency’s prior

intent regarding the implementation of

the alternative standards for valves.

D. Recordkeeping Requirements

The recordkeeping provisions of

subpart BB are being amended to

eliminate any owner or operator burden

caused by regulatory overlap. The

subpart BB recordkeeping provisions in

§ 264.1064(m) and § 265.1064(m) are

being amended to allow any equipment

that contains or contacts hazardous

waste that is subject to subpart BB and

also subject to regulations in 40 CFR

part 60, 61, or 63 to determine

compliance with subpart BB by

documentation of compliance with the

relevant provisions of the Clean Air Act

rules codified under 40 CFR part 60,

part 61, or part 63. Because compliance

with subpart BB is demonstrated

through recordkeeping, this

recordkeeping revision has the effect of

exempting equipment that would

otherwise be subject to subpart BB from

subpart BB requirements, provided the

equipment is operated, monitored and

repaired in accordance with an

applicable CAA standard, and

appropriate records are kept to that

effect.

As is described in Section III.A of this

preamble regarding the potential

regulatory overlap of the RCRA air rules

and Clean Air Act regulations, the EPA

is providing this exemption to reduce

the possibility of duplicative or

conflicting requirements for those TSDF

units using organic emission controls in

compliance with a NESHAP but which

are also subject to requirements under

the RCRA standards. The EPA considers

this to be the most appropriate approach

to ensure that air emissions from

equipment managing hazardous waste

are controlled to the extent necessary to

protect human health and the

environment. This exemption was

originally included with the

promulgation of subpart BB on June 21,

1990 (55 FR 25454), in the same format,

but with more specificity as to the CAA

regulations. As discussed in Section

III.A. of this preamble, it was clearly the

Agency’s intent to apply the same

rationale explained in the November 25,

1996 preamble at 61 FR 59938, to

extend the applicability exemption to

subpart BB equipment operated,

monitored and repaired in accordance

with an applicable CAA standard under

40 CFR part 60, 61, or 63.

The November 25, 1996 final rule

amendments added a provision to the

applicability of subpart BB that

excludes equipment that contains or

contacts affected hazardous waste for a

period of less than 300 hours per

calendar year. See 61 FR at 59937. One

commenter has requested that the

Agency clarify whether equipment

which is not in service, but contains

hazardous waste residue, is considered

to be in contact with hazardous waste.

The EPA considers the language of the

provision explicit on this point; the

amount of time that equipment contains

hazardous waste, whether at operating

capacity or as a residue, is considered

time that the equipment ‘‘contains or

contacts’’ hazardous waste. Thus, if

subpart BB equipment contains subpart

BB-regulated hazardous waste residues

for more than 300 hours during a

calendar year, that equipment would

not be exempt from subpart BB under

the provisions at § 264.1050(f) or

§ 265.1050(f). The EPA purposefully

worded the provision to say, ‘‘contains

or contacts’’ because the emissions from

the equipment are related to the organic

hazardous waste that is in the

equipment; even if the process or

equipment is not in service, the organic

hazardous waste in contact with the

equipment has the potential to

volatilize, and EPA considers it

necessary to subject the equipment to

the requirements of subpart BB. Thus,

EPA is today reiterating that the

regulation at § 264.1050(f) and

§ 265.1050(f) requires the equipment to

be void of subpart BB-regulated waste

for a minimum of 300 hours per

calendar year.

The same commenter inquired

whether, for the purposes of this same

provision, the period of time which the

equipment contains or contacts subpart

BB-regulated waste must be consecutive

(e.g. 290 consecutive hours), or if it

could be the sum of shorter periods

(e.g., ten periods of 29 hours each). The

provision was intended to exempt

equipment that does not contain or

contact subpart BB-regulated waste a

total of 300 hours of more during a

calendar year. This provision was

adopted from similar provisions of the

Hazardous Organic NESHAP

promulgated under 40 CFR 63.160. See

preamble discussion at 61 FR 59937,

November 25, 1996. It is implicit in

reading the language at 40 CFR

63.160(a) that the EPA intended the

requirement to refer to a sum, or total,

of 300 hours per calendar year, as

opposed to a single period of 300 hours.

The EPA is today amending regulatory

text at 264.1050(f) and 265.1050(e) and

the associated recordkeeping

requirements at 264.1064(g)(6) and

265.1064(g)(6) to remove the phrase, ‘‘a

period of’’ and thus, remove any

ambiguity as to the Agency’s intent that

for this regulatory requirement,

instances during which equipment

contains or contacts subpart BBregulated waste need not be

consecutive; it is only required that the

sum of all time that the equipment

contains or contacts subpart BBregulated waste is less than 300 hours

per calendar year.

E. Open-Ended Valves and Lines

Several comments have been received

regarding the requirements for open64642 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

ended lines or valves as they relate to

gravity piping. Commenters expressed

concern that gravity feed piping that is

equipped with an open valve or line

does not meet the requirements of the

subpart BB standards. Subpart BB

requires that each open-ended valve or

line be equipped with a cap, blind

flange, plug, or a second valve when

managing hazardous wastes with an

organic content equal to or greater than

10 percent by weight. The commenters

have suggested that the EPA amend the

subpart BB requirements to state that

the EPA considers a drain system that

meets the requirements of 40 CFR part

63, subpart RR, National Emission

Standards for Individual Drain Systems

to be a closed system. The EPA has

examined this issue and has found no

technical basis for making a change to

the existing rule. Moreover, the Part 63

subpart RR requirements are intended

for control of waste in organic

concentrations on the order of

magnitude with the 500 ppmw action

level of the subpart CC standards,

whereas the subpart BB standards in

parts 264 and 265 are applicable to

equipment that contacts waste with an

organic concentration of 10 percent by

weight. There is a significant difference

in the level of required control between

the two standards. The EPA does not

consider it appropriate to allow the

subpart RR drain system requirements

to substitute for the more extensive

open-ended valve and line requirements

of subpart BB, because application of

the subpart RR standards to subpart BB

equipment would not provide an

equivalent level of organic emission

control as would be achieved by

compliance with the applicable subpart

BB requirements. Facility owners or

operators with gravity feed piping that

requires a vent to facilitate draining can

comply with the subpart BB and CC

standards by installing organic emission

control equipment on the pipe vent. The

control requirements in subpart BB are

appropriate and adequate for control of

open-ended lines and valves.

V. Subpart CC—Air Emission

Standards for Tanks, Surface

Impoundments, and Containers

A. Applicability and Definitions

In §§ 264.1080 and 265.1080, the EPA

is revising the effective date of the

subpart CC rules to be December 6,

1996. This revised effective date was

established in the November 25, 1996

amendments, but this regulatory change

was inadvertently omitted from that

action. Today’s revision corrects this

oversight.

In § 265.1081, the definition of ‘‘in

light material service’’ is revised to

correct a typographical error to

capitalize the T in ‘‘the’’ as follows,

‘‘* * * The vapor pressure of one or

more of the organic constituents * * *’’

B. Schedule for Implementation of Air

Emission Standards

The final subpart CC standards allow

the owner or operator to prepare an

implementation schedule for

installation of control equipment that

cannot be installed and in operation by

the effective date of the rule (See

§ 265.1082(a)(2)). The EPA intended that

the implementation schedule apply to

any capital projects implemented by the

owner or operator to comply with the

subpart CC requirements. (See 61 FR at

4905, February 9, 1996.) This intent was

expressed in the 1994 final rule; see

Hazardous Waste TSDF Background

Information for Promulgated Organic

Air Emission Standards for Tanks,

Surface Impoundments, and Containers,

EPA–453/R–94–076b (‘‘BID’’) page 9–7,

which states that the owner’s or

operator’s approach to complying with

the air emission control requirements

under the subpart CC standards may

involve a major design and construction

project which requires longer than 18

months to complete (e.g., replacing a

large open surface impoundment with a

series of covered tanks). To further

clarify this intent, § 265.1082 is revised

by today’s action to specify that

compliance can be demonstrated

through an implementation schedule

when either: (1) control equipment or

waste management units can not be

installed and in operation by the rule

effective date; or (2) modifications of

production or treatment processes to

satisfy subpart CC exemption criteria in

accordance with § 265.1083(c) can not

be completed by the rule effective date.

In either case, the implementation

schedule must be entered into the

facility record, and must contain

information demonstrating that the

facility will be in compliance with all of

the requirements of subpart CC, no later

than December 8, 1997. The revisions to

the schedule for implementation also

incorporate the revised effective date of

December 6, 1996.

Commenters have questioned whether

compliance activities other than those

involving the installation of equipment

or the modification of processes may be

accomplished under an implementation

schedule. For example, whether a

facility can delay compliance past the

rule effective date for monitoring or

testing requirements. The preamble to

the February 9, 1996 Federal Register

document clarified that ‘‘The EPA

expects such instances to be rare, but in

the event a facility cannot implement

any technical requirement of subparts

AA, BB, or CC, it is the EPA’s intent that

the owner or operator document the

necessity for a delay in the facility

operating record. To be in compliance

with the rule, the necessary

documentation must be in place by [the

rule effective date].’’ See 61 FR at 4905,

February 9, 1996. The EPA maintains

that there may be circumstances in

which a facility owner or operator can

not be in compliance with certain

monitoring or testing requirements by

the effective date of the standards. For

example, if a facility owner or operator

is unable to begin operation of a control

device prior to the rule effective date, he

would not be able to perform the

required monitoring of that device by

that date either. However, to be in

compliance with the subpart CC rules,

the owner or operator must be in

compliance with all the rule

requirements as soon as is practicable,

but no later than December 8, 1997.

(Note: The only exceptions to this final

compliance date are those requirements

applicable to certain tanks in which

stabilization operations are performed, which

must be in compliance no later than June 8,

1998 (see 59 FR at 62912, December 6,

1994)), and requirements delayed by the

Regional Administrator, as discussed below

in this section of today’s preamble.

Today’s action is also amending

regulatory language to clarify that

owners or operators of facilities and

units that become newly subject to the

requirements of subpart CC after

December 8, 1997, because of an action

other than an EPA regulatory change or

a statutory change under RCRA, must

comply with all applicable rule

requirements immediately (i.e., must

have control devices installed and

operating on the date the facility or unit

becomes subject to subpart CC); the 30-

month implementation schedule does

not apply in this case. The EPA

considered this to be implicit in the

existing language of paragraph (b) of

§ 265.1082. The Agency is adding new

language in response to questions and

comments from affected facilities

regarding interpretation of the rule

requirements regarding implementation

schedules. The new provision will be

codified as paragraph 265.1082(c).

One commenter expressed concern

regarding the initial monitoring of

closed-vent systems. They noted that

delayed compliance is allowed under

the rules for routine monitoring of those

systems that are either inaccessible or

unsafe to monitor, and requested that

similar provision be allowed for initial

monitoring that may be delayed due to
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64643

weather or process conditions. The EPA

has examined this issue and has

concluded that a change in the rule is

not appropriate. The industry has been

on notice for several years that the

subpart CC rules would require these

monitoring inspections. Any facilities

that become newly subject to the

subpart through an EPA regulatory

amendment or statutory amendment are

typically allowed at least 6 months from

the date of publication of the action; the

EPA considers this to have been

sufficient notice to adequately prepare

for, and perform, the necessary

monitoring.

As published in the December 6,

1994, final rule, paragraph (c) of

§ 265.1082 allowed the EPA Regional

Administrator to ‘‘extend the

implementation date for control

equipment at a facility, on a case by case

basis * * *,’’ In the preamble to the

final rule (see 59 FR 62919, December

6, 1994, and the amendments to the rule

published November 25, 1996, (see 61

FR 59938), the EPA stated its intent to

include the provision to allow the

Regional Administrator to extend the

implementation date in situations

beyond the owner or operators’s control,

and that this extension would be

available only in ‘‘situations such as

delays in State permit processing.’’ The

Agency went even further in placing

constraints on these limited conditions

by identifying situations associated with

permit processing where the allowance

would not apply (see 59 FR 62919). It

is clear from the literal reading of the

provision that the EPA fully intends that

the Regional Administrator’s extension

of an implementation schedule is only

allowable for a capital project

implemented by a facility owner or

operator to comply with the subpart CC

air emission control requirements. It is

also clear that the Agency does not

intend that this Regional Administrator

allowance for implementation schedule

extensions apply to anything other than

the installation of air emission control

equipment. Today’s action re-designates

this provision as paragraph 265.1082(d)

to allow the regulatory amendment

described above in this section of

today’s preamble to be codified as

subsection (c); however, the provision

for Regional Administrator extensions of

the final rule compliance date is not

changed.

C. Standards: General

Today’s amendments are further

clarifying that the subpart CC RCRA air

rules apply only to units managing a

hazardous waste; to this effect, the EPA

is adding the word ‘‘hazardous’’ in front

of the word ‘‘waste’’ in §§ 264.1082(b)

and 265.1083(b). This point has been

made by the EPA throughout the

proposal and promulgation of the

subpart CC rules (see 59 FR 62896,

December 6, 1994, and 61 FR 4906,

February 9, 1996); however, there have

remained some questions and

uncertainties regarding applicability of

the rules to non-hazardous wastes. The

changes being made today are intended

to provide additional emphasis that

only hazardous wastes are subject to the

subpart CC controls.

Paragraph 265.1083(c)(2)(i) is revised

to correct a typographical error in the

symbol for the exit concentration limit;

the symbol should be C subscript t

‘‘(Ct).’’

In addition, §§ 264.1082(c)(3) and

265.1083(c)(3) have been revised to add

as an exempt unit a surface

impoundment used for biological

treatment of hazardous waste in

accordance with subpart CC

requirements. The EPA intended to

exempt surface impoundments used for

biological treatment from the subpart CC

control requirements. The preamble to

the final rule in Section VII(A)(5) (59 FR

62917, December 6, 1994) clearly states

‘‘* * * air emission controls are not

required for a surface impoundment in

which biological treatment of a

hazardous waste is performed under the

same conditions specified in the rule for

tanks.’’ However, surface

impoundments performing biological

treatment were inadvertently left out of

the biological treatment unit exemption

in the November 25, 1996, final rule

amendments (61 FR 59954).

The EPA has received a number of

inquiries asking for interpretations of

the provision of the subpart CC rules

which states that wastes that meet

applicable Land Disposal Restriction

(LDR) treatment standards for organic

hazardous constituents are exempt from

the subpart CC air emission standards.

Section 264.1082(c)(4) exempts from the

RCRA subpart CC air emission

standards:

‘‘A tank, surface impoundment, or

container for which all hazardous

wastes placed in the unit * * *

‘‘(i) Meets the numerical

concentration limits for organic

hazardous constituents, applicable to

the hazardous waste, as specified in 40

CFR part 268—Land Disposal

Restrictions under Table ‘‘Treatment

Standards for Hazardous Waste’’ in 40

CFR 268. 40 * * *’’

A parallel exemption for interim

status facilities is found at

§ 265.1083(c)(4). Under these

provisions, tanks, surface

impoundments, and containers

receiving hazardous wastes that meet

the concentration limits for organics

applicable to the waste under the

generally-applicable treatment

standards of the LDR program are not

subject to the subpart CC air emission

control regulations. See 61 FR 59941 in

the preamble and 59954 in the rule

(Nov. 25, 1996).

A number of members of the regulated

industry (including the Environmental

Technology Council, Chemical Waste

Management, and the Chemical

Manufacturers Association) have

inquired as to how this provision

applies to situations where the wastes in

question are not yet prohibited from

land disposal or consist of mixtures of

different hazardous wastes. This

preamble answers those questions.

Copies of correspondence between EPA

and these entities have been placed in

the public docket for the rule.

The key phrase in the above

exemption is what treatment standards

are ‘‘applicable to the waste.’’ EPA

interprets this phrase expansively to

include the treatment standard for

organics that would apply to the waste

whether or not the waste is currently

prohibited, so that the exemption may

apply to wastes not yet required to be

treated for organics as a precondition to

land disposal. Under this interpretation,

hazardous wastes could be exempt from

subpart CC regulation if they meet the

treatment standards for organics that

would ultimately be required as a

precondition to land disposal. This is a

reasonable construction of the rule’s

language (the phrase ‘‘applicable to the

waste’’ is ambiguous as to its precise

scope), and is supported by the

preamble to the rule (which says that

the exemption can apply to wastes that

are not prohibited, see 61 FR 59941). In

addition, this reading is consistent with

the exemption’s underlying principle: if

hazardous wastes meet generallyapplicable LDR treatment standards for

organics, their concentrations of

organics are in virtually every case

going to be less than warrants control

under the subpart CC rules (i.e., volatile

organic concentrations will be less than

500 ppmw).

The EPA recognizes that it could

interpret the language to apply only to

hazardous wastes that are prohibited

and actually subject to a treatment

standard for organics. This more

restrictive interpretation does not seem

desirable because hazardous wastes

which actually meet treatment

standards for organics are likely to have

been treated to remove or destroy the

organics and thus not warrant regulation

under subpart CC. On the other hand, it

is EPA’s further interpretation that this

exemption does not apply to hazardous
64644 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

wastes for which there would be no

treatment standards for organics,

namely wastes that are listed solely

because of inorganic content. There is

no potentially ‘‘applicable’’ organic

treatment standard for such wastes, and

the exemption thus does not apply. In

addition, such wastes would not likely

be treated for organic constituents; so in

the event they contain higher

concentrations of organics, this

particular LDR exemption should not

apply. Such wastes may, however, be

exempt from the subpart CC rules

because they contain less than 500

ppmw volatile organics at the point of

waste origination (40 CFR

264.1082(c)(1)).

The following principles set out how

the EPA interprets the rule for this

subpart CC exemption in specific

situations:

1. Listed Waste

(A) If the waste is already subject to

an LDR treatment standard for organics

(for example, the organic spent solvent

listed as F001), the waste is not subject

to subpart CC if it meets the treatment

standards for organic hazardous

constituents in that waste (e.g. the

treatment standards for organics in F001

set out in § 268.40);

(B) If the waste is newly listed so that

no treatment standard under § 268.40

has yet been established, determine if

the waste was listed for organic

constituents in Part 261 Appendix VII

and if so, if the waste meets the

Universal Treatment Standards (UTS)

for those constituents (set out in

§ 268.40) then the waste is exempt from

subpart CC. The EPA considers the UTS

to be ‘‘applicable’’ because it is clear

that this is the standard which will

apply when the waste is prohibited;

(C) If the waste is listed only because

it contains inorganic constituents (e.g.

electroplating wastewater treatment

sludge (F006)), then it is not eligible for

the LDR exemption at § 264.1082(c)(4)

but could be exempt for other reasons,

such as containing less than 500 ppmw

volatile organics at the point of waste

origination. This is true whether or not

the waste is already a prohibited

hazardous waste, or is newly listed.

2. Mixtures of Listed Wastes

The same principles as presented

above apply when mixtures of listed

wastes are involved:

(A) If the mixture contains listed

wastes for which there are organic

concentration limits in § 268.40 and

newly listed wastes listed (in Appendix

VII of Part 261) for organic hazardous

constituents, the waste would be

exempt from subpart CC if it meets the

treatment standards in § 268.40 and the

treatment standards to which the newly

listed waste will be subject. Thus, to be

exempt under § 264.1082(c)(4), a

mixture of F001 wastes and FXXX (a

hypothetical newly listed waste listed

for presence of benzene) would have to

meet the treatment standards for the

organic hazardous constituents set out

in § 268.40 for F001 plus UTS for

benzene;

(B) If the mixture contains listed

wastes for which there are organic

concentration limits in § 268.40 and

listed wastes with treatment standards

only for inorganic constituents (or

which is newly listed, and is listed only

due to presence of inorganic hazardous

constituents), the waste mixture would

be eligible for the § 264.1082(c)(4)

variance if it meets the organic

concentration limits in § 268.40. Thus, a

mixture of F001 and F006 wastes would

be exempt from subpart CC if it meets

the treatment standard for F001 organic

hazardous constituents;

(C) If the mixture consists of listed

wastes which are exclusively subject to,

or are listed for, inorganic hazardous

constituents, the mixture is not eligible

for the § 264.1082(c)(4) exemption.

Finally, part of the ‘‘applicable’’ LDR

standard for listed wastes is that the

standard not be achieved by

impermissible dilution (as set out in

§ 268.3 and several EPA interpretations,

such as in 60 FR 11706–11708 (March

2, 1995)). Impermissible dilution could

involve not only mixing an agent to the

waste to increase volume without

contributing to the treatment process,

but also allowing volatilization from the

waste without capture and destruction

of the organic emissions. 52 FR at 25779

(July 8, 1987); Chemical Waste

Management v. EPA, 976 F. 2d 2, 17

(D.C. Cir. 1992). In essence, this means

that the LDR standards need to be

achieved by treatment that destroys or

removes the organic hazardous

constituent (or the wastes may meet the

treatment standard as generated). See 60

FR 11708. The subpart CC rules likewise

contain provisions prohibiting dilution

as a means of making a waste eligible for

an exemption from the rule (see, e.g.,

§ 265.1083(c)(2)(vi)). Thus, to be eligible

for this exemption from the subpart CC

standards, listed wastes must either

meet treatment standards for organics by

treatment which destroys or removes

hazardous organic constituents, or the

wastes must meet those standards as

generated.

3. Characteristic Wastes

The first principle to bear in mind

regarding characteristic hazardous

wastes is that the subpart CC rule no

longer applies once these wastes are

decharacterized, i.e., no longer exhibit a

characteristic of hazardous waste. This

is because the subpart CC rules only

apply to wastes that are identified or

listed as hazardous. See, e.g.,

§ 265.1080(a). Also, since the rules do

not prohibit any method which removes

a hazardous characteristic, dilution can

be used for this purpose; see

§ 261.3(d)(1). Thus, in the discussion

that follows, it must be understood that

all references to characteristic

hazardous wastes are to wastes which

continue to exhibit a characteristic.

Characteristic wastes can be identified

because of the presence of organic

hazardous constituents, but also can

contain organic ‘‘underlying hazardous

constituents’’—hazardous constituents

present at levels exceeding the

Universal Treatment Standards but

which do not cause the waste to exhibit

a characteristic; see § 268.2(i). Such

hazardous constituents typically must

be treated to meet UTS before a

characteristic waste is land disposed

(see Chemical Waste Management v.

EPA, 976 F. 2d 2, 16–18), and so UTS

can be considered to be an applicable

standard for purposes of the subpart CC

exemption under discussion in this

preamble.

Principles applicable to specific

situations involving characteristic

hazardous wastes are therefore:

(A) Since subpart CC controls do not

apply to nonhazardous wastes, these

standards do not apply as the result of

managing decharacterized wastes.

(B) If the waste exhibits ignitability,

corrosivity, or reactivity (or is a mixture

which exhibits one or more of these

characteristics), then the waste is

exempt from subpart CC if it meets

treatment standards for any of the

organic underlying hazardous

constituents which are present (and the

waste is no longer subject to subpart CC

if it no longer exhibits a characteristic,

whether or not treatment standards for

underlying hazardous constituents are

achieved). In this example, these

characteristic wastes are prohibited and

subject to the requirement to treat for

underlying hazardous constituents, so

that these standards clearly are

applicable;

(C) If the waste or waste mixture

exhibits a characteristic for an organic

hazardous constituent (so-called

Toxicity Characteristic (TC) organic

wastes), then the waste must meet the

treatment standard for that constituent

plus UTS for any organic underlying

hazardous constituent. These are the

current requirements set out in Part 268

for the waste and so are clearly

applicable;
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(D) If the waste or waste mixture

exhibits a characteristic for a metal, the

waste would be exempt from subpart CC

if it meets UTS for any organic

underlying hazardous constituent which

may be present. This result comes from

the Chemical Waste Management

opinion cited above (although the EPA

has not yet amended the Part 268 rules

to reflect the court’s holding with

respect to these wastes), and so can be

viewed as applicable standards for

purposes of the subpart CC exemption.

4. Examples

A number of examples that illustrate

the EPA intent and interpretation of the

subpart CC LDR exemption are

summarized below.

1. F001 + F006. Listed organic plus

listed inorganic. Meet treatment

standards for organics in F001;

2. F001 + D018. Listed organic plus

organic TC. Meet treatment standards

for F001, treatment standards for

benzene, and treatment standards for

any organic underlying hazardous

constituent in the D018 waste (or

eliminate the D018 characteristic before

the waste is managed in a tank,

container or surface impoundment, in

which case only the treatment standards

for F001 waste would have to be

satisfied for the exemption to apply);

3. F001 + D008. Listed organic plus

TC metal. Meet treatment standards for

F001 plus treatment standards for any

organic underlying hazardous

constituents which may be present in

the D008 waste (or eliminate the D008

characteristic before the waste is

managed in a tank, container or surface

impoundment, leaving the F001

standard as the applicable treatment

standard);

4. F006 + D018 + D008. Listed

inorganic, TC organic, TC inorganic.

Meet treatment standard for benzene

and for organic underlying hazardous

constituents in D018 and D008 wastes;

5. F006. Ineligible for § 264.1082(c)(4)

exemption.

There have also been questions

regarding whether this LDR exemption

applies to mixtures that would meet the

organic constituent concentration limits

specified for the hazardous wastes in

the mixture but for the contribution of

organic constituents from the

decharacterized wastes in the mixture.

The EPA interprets the rule so that the

LDR exemption does not apply in these

circumstances. First, the language of the

rule refers to ‘‘all hazardous waste

placed in the unit’’ having to meet the

treatment standard, which logically

means meeting the standard at the point

the hazardous waste is placed in the

unit. Second, it is reasonable to look at

the point of mixing as a new point of

waste origination in keeping with the

overall thrust of the provision to reserve

the exemption for wastes which actually

are treated. See 54 FR at 26633 (June 23,

1989) where the EPA noted a similar

view in the LDR context. The EPA also

notes that this interpretation is

consistent with other provisions of the

rule where the Agency has indicated

expressly that organic removal is to be

evaluated in the context of each

individual waste stream entering a

treatment process. See section

§ 265.1083(c)(2)(v)(C).

The last issue addressed on this topic

in today’s preamble concerns the

relationship of this exemption and

treatment variances under the LDR

program. The EPA notes that the

exemption from subpart CC standards

applies only to hazardous wastes that

have been treated to meet the treatment

standards set out in 40 CFR 268.40. This

language excludes alternative standards

which are established as part of the

treatment variance process, which

alternative standards are codified in 40

CFR 268.44. This distinction is

intentional. As the EPA recently noted

in the rulemaking amending the

treatment variance standards, it is

possible that a treatment variance may

result in a standard which does not fully

remove volatile organics to the extent

contemplated in creating the subpart CC

exemption. For this reason, the EPA has

indicated explicitly that such wastes

may remain subject to the subpart CC

rules. The EPA reiterates that approach

here.

The EPA is today amending the

treatment demonstration provision for

valuing waste analysis results below the

limit of detection for an analytical

method. In response to comments, EPA

is today revising paragraphs (A) and (B)

of § 264.1082(c)(2)(ix) and

§ 265.1083(c)(2)(ix). The change to

paragraph (A) is being made in

recognition that a relatively high blank

value for Method 25D does not

necessarily indicate that a waste stream

has failed to meet the treatment

demonstration requirements of

§ 265.1083(c)(2)(i) through (vi). The

blank value required in paragraph 4.4 of

EPA Reference Method 25D (codified in

appendix A to 40 CFR part 60) is an

indication of the organics contained in

the Polyethylene Glycol, not the

organics in the waste. For a Method 25D

analytical result, the method instructs

the operator to report the value of the

instrument results minus the blank

value. In a circumstance that the

instrument results are higher than the

blank value, the reported Method 25D

result would not be non-detect, but

rather, would be a numerical

concentration value. In circumstances

that the instrument results are equal to

the blank value, the reported result

would be non-detect. In the

circumstance resulting in a non-detect,

the Agency does not consider it

appropriate to require the facility owner

or operator to compare the treatment

results of paragraphs (c)(2)(i) through

(vi) in § 264.1082 and § 265.1083 to onehalf of the blank value, as was required

by the regulatory requirement being

revised today. Therefore, the Agency is

adding a provision that allows the

facility owner or operator to substitute

a value of 25 ppmw for a non-detect

Method 25D result, if one-half the

Method 25D blank value is more than 25

ppmw. The Agency has selected the

value of 25 ppmw because it represents

95 percent reduction of organics in a

waste stream of 500 ppmw, the required

percent reduction for a waste stream

with a VO concentration equal to the

action level for the subpart CC

standards.

No default value similar to the 25

ppmw value described here is included

in the provisions for non-detect results

in waste determinations performed to

determine whether the hazardous waste

is below 500 ppmw at its point of waste

origination. See 265.1084(a)(3). Such a

provision is necessary in situations

where an owner or operator is

attempting to demonstrate a process has

achieved 95 percent reduction of

organics, because the concentration of

the stream exiting the process unit may

need to be demonstrated to be as low as

25 ppmw. Such is not the case with

waste determinations performed to

demonstrate that the hazardous waste

stream is below the subpart CC action

level of 500 ppmw, where the waste

determination need only demonstrate

that the waste is below 500 ppmw. The

valuing of non-detects for waste

determinations performed at the point

of waste origination is discussed further

in the following section of this

preamble.

The EPA is revising paragraph (B) of

§ 264.1082(c)(2)(ix) and

§ 265.1083(c)(2)(ix) to clarify the

Agency’s intent that the level of

detection for an analytical method other

than method 25D is the sum of the

limits of detection for each of the

regulated compounds in the waste

sample. As previously written, the

provision did not clearly indicate that

for purposes of this subpart, only the

detection limits for organic compounds

with Henry’s Law greater than or equal

to 0.1 Y/X are required to be summed,

to establish the limit of detection for an

analytical method.
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The EPA is also adding a reference to

organic hazardous constituents in

paragraph (c)(4)(ii) of § 264.1082 (which

applies when the LDR standard is a

designated method of treatment), to

make clear that this provision requires

treatment of organics. With this

revision, § 264.1082(c)(4)(ii) now

conforms to § 264.1082(c)(4)(i). A

conforming change is being made to the

requirement for interim status facilities,

at § 265.1083(c)(4)(ii).

D. Waste Determination Procedures

Paragraphs in § 264.1083(a)(2) and

§ 265.1084(a)(2) are revised by changing

‘‘The average VO concentration of a

hazardous waste at the point of waste

origination may be determined * * *’’

to read as follows: ‘‘For a waste

determination that is required by

paragraph (a)(1) of this section, the

average VO concentration of a

hazardous waste at the point of waste

origination may be determined * * *’’

This waste determination requirement

was explained in Section VII.A.3, Waste

Determination Procedures, of the

preamble to the final rule (59 FR 62915,

December 6, 1994) as follows: ‘‘A

determination of the volatile organic

concentration of a hazardous waste is

required by the subpart CC standards

only when a hazardous waste is placed

in a tank, surface impoundment, or

container subject to the rule that does

not use air emission controls in

accordance with the requirements of the

rule. A TSDF owner or operator is not

required to determine the volatile

organic concentration of the waste if it

is placed in a tank, surface

impoundment, or container using the

required air emission controls.’’

Consistent with this statement, the EPA

is slightly revising the current rule to

make clear that the average VO

concentration determination is required

only for hazardous waste placed in a

unit not using subpart CC air emission

controls and not otherwise exempt from

using subpart CC air emission controls.

Today’s action also revises

§ 265.1084(a)(3)(ii)(B) to clarify the

EPA’s intent regarding the number of

samples required for a waste

determination. The amended paragraph

states (as did the published rule

language at § 265.1084(a)(5)(iv)(A) (see

59 FR 62939, December 6, 1994)), that

the average of four or more sample

results constitutes a waste

determination for the waste stream. This

amended paragraph further clarifies that

one or more waste determinations may

be needed to represent the average VO

concentration over the complete range

of waste compositions and quantities

that occur during the entire averaging

period (due to normal variations in the

operating conditions for the source or

process generating the hazardous waste

stream). Therefore, to determine the

average VO concentration of a waste

stream generated by a process with large

seasonal variations in waste quantity, or

fluctuations in ambient temperature,

several waste determinations (of four or

more samples each) will be required.

The affected public has been fully

informed of the EPA’s intent regarding

the fact that four samples constitute a

waste determination, and that one or

more waste determinations may be

needed to characterize the waste

stream’s VO concentration over the

averaging period. To inform the public

of the technical requirements and

compliance options in the amended

subpart CC RCRA air rules, the EPA

conducted a series of six seminars

during August and September of 1995

and an additional six seminars during

August through November of 1996.

During these seminars, the EPA

presented a thorough discussion of the

details associated with making a waste

determination. (Refer to EPA RCRA

Docket No. F–95–CE3A–FFFFF, Item

No. F–95–CE3A–S0017 and Docket No.

F–96–CE3A–FFFFF.)

In another clarifying revision, in each

citation of Method 8260(B) and Method

8270(C) in ‘‘Test Methods for Evaluating

Solid Waste, Physical/Chemical

Methods,’’ EPA Publication SW–846,

the reference to version (B) or (C) is

being deleted by today’s action. The

citations that are being revised were

added by the November 25, 1996, final

rule amendments (61 FR 59932) to the

following paragraphs of § 265.1084:

(a)(3)(iii), (a)(3)(iii)(F), (a)(3)(iii)(G),

(b)(3)(iii), (b)(3)(iii)(F), and (b)(3)(iii)(G).

It was the EPA’s intent that the

current version of each of these

methods, as applicable to the waste

being measured, be used in making a

waste determination, not necessarily the

specific versions cited. At the time the

November 25, 1996 amendments were

published, the versions 8260(B) and

8270(C) were only proposed methods;

the published versions were 8260(A)

and 8270(B). Specifying these particular

versions was an inadvertent error,

which is being corrected by today’s

action. As was stated in Section IV.F,

Waste Determination Procedures, of the

preamble to the final rule amendments

(61 FR 59942, November 25, 1996), after

extensive review, the EPA decided that

as alternatives to using Method 25D for

direct measurement of VO concentration

in a hazardous waste for the subpart CC

RCRA air rules, it was appropriate to

add Methods 624, 625, 1624, and 1625

(all contained in 40 CFR part 136,

appendix A) and Methods 8260(B) and

8270(C) (both in ‘‘Test Methods for

Evaluating Solid Waste, Physical/

Chemical Methods’’ in EPA publication

SW–846) when these methods are used

under certain specified conditions. It

was noted that for each of these

methods, there is a published list of

chemical compounds which the EPA

considers the method appropriate to

measure. The owner or operator may

only use these methods to measure

compounds that are contained on the

list associated with that method, unless

specified validation procedures are also

performed. It was further noted that for

the purpose of a waste determination,

the owner or operator must evaluate the

mass of all VO compounds in a waste

that have Henry’s Law value above the

0.1 Y/X value. Therefore, it is the EPA’s

position that the owner or operator is

responsible for determining that the

analytical method being used for a

waste determination is sufficient to

evaluate all of the applicable organic

compounds that are contained in the

waste.

(Note: Today’s action includes a revised

list of known compounds with a Henry’s Law

value less than or equal to 0.1 Y/X, contained

in appendix VI of subpart 265; the revisions

correct typographical errors, and format the

list to be alphabetical.)

Also in today’s action, a printing error

that placed § 265.1084(a)(3)(iii)(A) at the

end of § 265.1084(a)(3)(iii) has been

corrected. In addition, in the November

25, 1996 final rule amendments,

because of a typographical error in

§ 265.1084(a)(3)(iii)(G), the words

‘‘introduction and analysis’’ were

omitted from the sample handling steps

for which site-specific procedures must

be documented in the quality assurance

program to minimize the loss of

compounds due to volatilization,

biodegradation, reaction, or sorption.

Today’s amendments revise

§ 265.1084(a)(3)(iii)(G) to read as

follows: ‘‘Documentation of site specific

procedures to minimize the loss of

compounds due to volatilization,

biodegradation, reaction, or sorption

during the sample collection, storage,

preparation, introduction, and analysis

steps.’’

Several commenters have stated that

the subpart CC provisions for treatment

of non-detect values in the analysis of

treated waste samples, contained in

§§ 264.1082(c)(ix) and

265.1083(c)(2)(ix), should also apply to

waste determinations at the point of

waste origination, for purposes of

determining compliance with the 500

ppmw VO concentration action level of

the standards. Commenters requested
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64647

this application of the non-detect policy

to waste determinations because a waste

determination consists of the average of

four or more samples, and some of the

samples analyzed may yield results that

are below the analytical method’s limit

of detection. The commenters’ concern

is the same rationale that led EPA to

amend the provisions at sections

264.1082 and 265.1083 in the November

25, 1996 final rule amendments;

without such a provision, the owner or

operator does not have a way to assign

a numeric value for a non-detect

reading, when computing the average of

four or more waste samples to calculate

a waste determination. The same logic

applies to both circumstances, and it

was obviously an oversight that EPA did

not include this provision in the

November 25, 1996 final rule

amendments. Thus, the EPA is today

adding to the waste determination

provisions at § 265.1084(a)(3)(iv), a

provision for valuing non-detect

analytical results. The new rule

language provides the appropriate

guidance on the valuing of non-detects

in the calculation of the average of four

or more samples for a waste

determination.

(Note: A corresponding amendment is not

required at § 265.1084(b)(3)(iv) for treated

hazardous waste because those rules,

specifically § 264.1082(c)(2)(ix) and

§ 265.1083(c)(2)(ix), contain provisions for

valuing non-detects when determining

performance of an organic destruction or

removal process.)

The EPA today is also amending

regulatory language to reflect a

clarification that was addressed in the

November 25, 1996 rulemaking

preamble (61 FR at 59943), but was

inadvertently omitted from the

regulatory text. This amendment adds

two new paragraphs to the waste

determination provisions, § 265.1084

(a)(3)(v) and (b)(3)(v), to state that EPA

would determine compliance with the

subpart CC regulations based on the

same test method used by the facility

owner or operator, provided the owner

or operator had used a test method

appropriate for the waste. The

appropriateness of an analytical method

is described in paragraphs § 265

(a)(3)(iii) and (b)(3)(iii), respectively.

The November 25, 1995 preamble to the

final rule amendments (61 FR 59943)

stated that, ‘‘* * * as long as one of the

allowable test methods is being used for

direct measurement of the VO

concentration of a hazardous waste, the

EPA would only enforce against the

facility on that basis (i.e., using the same

test method), unless the method used is

not appropriate for the hazardous waste

managed in the unit.’’ Today’s

amendments add a paragraph to the

analysis section of the final rule’s waste

determination procedures at § 265.1084

(a) and (b) to codify this intended

provision.

As published in the November 25,

1996 final rule amendments (61 FR

59975), paragraph 265.1084(a)(4)(iv)

provides that the results of a direct

measurement of average VO

concentration shall be used to resolve a

disagreement between the Regional

Administrator and the owner or

operator regarding a determination of

the average VO concentration of a

hazardous waste stream using

knowledge. To clarify that in such cases

where there is disagreement regarding

use of knowledge, the owner or operator

has the discretion to choose an

appropriate test method or methods, the

following sentence has been added to

§ 265.1084(a)(4)(iv): ‘‘The owner or

operator may choose one or more

appropriate methods to analyze each

collected sample in accordance with the

requirements of paragraph (a)(3)(iii) of

this section.’’

The EPA is also clarifying the waste

determination requirements for treated

wastes. Prior to today’s amendment, the

subpart CC regulatory text required

analysis of all treated waste. As

explained below, a waste determination

is unnecessary for a waste treated by

either a boiler or industrial furnace (BIF)

operated in accordance with subpart H

to 40 CFR part 266, or a hazardous

waste incinerator operated in

accordance with subpart O to 40 CFR

parts 264 or 265; the EPA is amending

the rule to clarify this. Today’s action

revises paragraph (b)(1) of §§ 264.1083

and 265.1084 to require that the owner

or operator perform the applicable waste

determination for each treated

hazardous waste placed in a waste

management unit exempted under the

provisions of paragraphs (c)(2)(i)

through (c)(2)(vi) of §§ 264.1082 and

265.1083, respectively. Those specific

paragraphs are cited in today’s amended

rule language to clarify that a waste

determination is only required for a

hazardous waste placed in a waste

management unit exempted under one

of the treatment demonstration options

that is a performance standard, as

opposed to an equipment specification

standard. As was noted in Section

VII.A.2.b, Treated Hazardous Waste, of

the final rule preamble (59 FR 62914,

December 6, 1994), provisions for

hazardous waste treatment are specified

in the subpart CC standards for the

following processes: (1) An organic

destruction, biological degradation, or

organic removal process that reduces

the organic content of the hazardous

waste and is designed and operated in

accordance with certain conditions

specified in the rule; (2) a hazardous

waste incinerator that is designed and

operated in accordance with the

requirements of 40 CFR part 264 subpart

O or 40 CFR part 265 subpart O; or (3)

a BIF that is subject to the requirements

of 40 CFR part 266 subpart H.

Under today’s amendments to the

rule, the EPA is clarifying its original

intent, that a waste determination is

required only for a treated hazardous

waste placed in a waste management

unit, if the unit is exempt from air

emission control requirements under

provisions contained in paragraphs

(c)(2)(i) through (c)(2)(vi) of §§ 264.1082

and 265.1083. The EPA requires waste

demonstrations for those treatment

demonstration options to ensure that the

treatment conditions specified in

subpart CC have been met. As explained

in the December 1994 final rule

preamble (59 FR at 62914, December 6,

1994), the waste demonstration results

are required to indicate that a sufficient

mass of organic constituents have been

removed or destroyed from a regulated

waste stream, prior to it being placed in

a hazardous waste management unit

that is not equipped with air emission

controls. The treatment demonstration

options listed in paragraphs (c)(2)(i)

through (viii) of §§ 264.1082 and

265.1083 are based on the treatment

process achieving a 95% reduction by

weight of organic constituents in the

waste. For the provisions of (c)(2)(i)

through (c)(2)(vi) of §§ 264.1082 and

265.1083, the treatment process is not

specified in the regulation; rather the

requirement is based on the removal

efficiency of the treatment process.

Thus, to demonstrate compliance, EPA

considers it necessary that the owner or

operator perform waste determinations

to demonstrate the appropriate removal

efficiency has been achieved. However,

the treatment demonstration provisions

of paragraph (c)(2)(vii) in §§ 264.1082

and 265.1083 require that the hazardous

waste be treated in an incinerator that

is designed and operated in accordance

with the requirements of subpart O in

40 CFR part 264 or part 265; and the

treatment demonstration provisions of

paragraph (c)(2)(viii) in §§ 264.1082 and

265.1083 require that the hazardous

waste be treated in a BIF that is

designed and operated in accordance

with the requirements of 40 CFR part

266, subpart H. The EPA considers

compliance with those combustion

standards to be sufficient demonstration

that the organics in the waste will be

destroyed by 95 percent or more, by

weight, and does not consider a waste
64648 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

determination necessary. The EPA has

consistently given verbal guidance that

waste determinations are not required

for waste treated in the abovementioned specific units, and is today

making an amendment to the regulatory

text to make the regulatory requirements

consistent with this guidance.

In a further clarification, the EPA

intended that the owner or operator use

the same test method to determine the

average VO concentration at the point of

waste treatment as is used at the point

of waste origination, if these values are

to be used to determine the effectiveness

of a treatment system. As was stated in

Section IV.F, Waste Determination

Procedures, of the preamble to the final

rule amendments (61 FR 59942,

November 25, 1996), ‘‘The main point

that must be reemphasized regarding

direct measurement of VO concentration

is that, although the EPA is amending

the rule to allow various test methods

other than Method 25D to be used in a

waste determination, the owner or

operator must use a test method(s) that

is appropriate for the compounds

contained in the waste. The method(s)

used for the waste determination must

be suitable for and must reflect or

account for all compounds in the waste

with a Henry’s Law constant equal to or

greater than 0.1 Y/X at 25 degrees

Celsius.’’

Since the effectiveness of a waste

treatment process must be judged on the

basis of the process’s capacity to reduce

the organics in waste relative to their

concentration at the point of waste

origination or at the point of entry to the

treatment system, the method(s) used

for the waste determination at the point

of waste treatment must be appropriate

to detect and measure the compounds in

the waste at the point of waste

origination; to put the measurements on

a common basis and provide an accurate

comparison, the EPA considers it

necessary that the method(s) used at the

point of waste origination must be the

same as the method(s) used at the point

of waste treatment. To clarify this

requirement, which the EPA has

heretofore considered implicit, the

following sentence is being added to

§ 265.1084(b)(3)(iii): ‘‘When the owner

or operator is making a waste

determination for a treated hazardous

waste that is to be compared to an

average VO concentration at the point of

waste origination or the point of waste

entry to the treatment system, to

determine if the conditions of

§ 264.1082(c)(2)(i) through (c)(2)(vi) or

§ 265.1083(c)(2)(i) through (c)(2)(vi) are

met, then the waste samples shall be

prepared and analyzed using the same

method(s) as were used in making the

initial waste determination(s) at the

point of waste origination or at the point

of entry to the treatment system.’’ (Only

the waste determination provisions in

part 265 are being revised in connection

with this rule clarification and the

following rule clarification, because the

subpart CC waste determination

protocols are contained in part 265, and

the part 264 standards cross-reference

part 265.)

Because of a printing error, the

equations for calculating the actual

organic mass removal rate in

§ 265.1084(b)(8)(iii) and for calculating

the actual organic mass biodegradation

rate in § 265.1084(b)(9)(iv) were out of

place in the November 25, 1996

amendments (61 FR 59978). This

document corrects the placement of

these equations.

In a further clarification to the waste

determination procedures of subpart CC,

paragraph 265.1084(d)(5)(ii) required

that a mixture of methane in air at a

concentration of approximately, but less

than, 10,000 ppmw be used to calibrate

the detection instrument used to

determine no detectable organic

emissions. It was the EPA’s intent that

the calibration procedure be consistent

with the procedure specified in the

subpart BB equipment leak test methods

and procedures at §§ 264.1063 and

265.1063, as they reference the same

monitoring procedure. Paragraph

(b)(4)(ii) of §§ 264.1063 and 265.1063

specifies that calibration gases for the

detection instrument shall be, ‘‘A

mixture of methane or n-hexane and air

at a concentration of approximately, but

less than 10,000 ppm methane or nhexane. Consistent with this

requirement, today’s action revises the

requirement for calibration gases in

parts 264 and 265 to provide the owner

or operator the choice of using a mixture

of methane or n-hexane and air.

E. Standards: Tanks

Commenters have questioned whether

a facility owner or operator is permitted

to install a closure device on a tank

manifold system or header vent when a

series of tanks have their vents (i.e., tank

openings) connected to a common

header. In many tanks systems, tank

vents are connected to a manifold or

central header, and a closure device (or

pressure/vacuum device such as a

conservation vent) is installed on the

header rather than on the individual

tanks. Prior to today’s amendment, the

subpart CC level 1 tank requirements at

paragraph (2)(2)(iii) in § 264.1084 and

§ 265.1085 could have been interpreted

to require that each opening on a Level

1 tank fixed roof must be either

equipped with a closure device or

connected through a closed-vent system

to a control device, with no allowance

for the closure device or pressure/

vacuum device to be installed on the

tank manifold system. The EPA did not

intend the regulatory requirement to

disallow a closure device or pressure/

vacuum device from being installed on

a tank manifold system. The EPA is

aware that such tank manifold or vent

header systems provide a degree of

emissions reduction which is derived

from vapor balancing between tanks

during unloading and inter-tank

transfers; the EPA clearly did not intend

to discourage their use. The EPA is

therefore amending the subpart CC tank

standards to provide that a closure

device can be installed on a manifold

vent header for Level 1 tanks, by

revising paragraph (c)(2)(iii) in

§ 264.1084 and § 265.1085.

In the November 25, 1996 final rule

amendments, the EPA promulgated a

provision that allowed a facility to

install and operate air emission control

devices on Level 1 tanks. As published,

the regulatory language for that

provision inadvertently made it

mandatory that these control devices be

operating at all times when hazardous

waste is managed in the tank, even at

times of routine maintenance. The EPA

is amending the rules today to clarify

that the control device is not required to

be operating during specified periods,

including those instances it is necessary

to provide access to the tank for

performing routine inspections,

maintenance, or other activities needed

for normal operations. Examples of such

activities include those times when a

worker needs to open a port or hatch to

maintain or repair equipment.

Paragraph (B) is being revised in

§ 264.1084(c)(2)(iii) and

§ 265.1085(c)(2)(iii) to better convey this

intent.

In the amendments to the final rule

published on November 25, 1996 (61 FR

59944), the preamble at Section G.

Standards: Tanks that discussed the

revisions to the subpart CC tank

standards, stated ‘‘* * * an option is

being provided allowing the use of an

enclosure vented through a closed-vent

system to an enclosed combustion

device or a control device designed and

operated to reduce the total organic

content of the inlet vapor stream by at

least 95 percent by weight,’’ in order to

comply with the tank level 2 air

emission control requirements.

However, the latter portion of this

statement was incorrect and the EPA is

clarifying that it was the EPA’s intent

that only enclosed combustion devices

can be used as control devices under

this alternative to comply with the Tank
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64649

Level 2 air emission control

requirements. It should also be noted

that the regulation as amended by the

November 25,1996 Federal Register

document (at §§ 264.1084(d)(5) and

265.1085(d)(5)) was correct and did not

contain the statement regarding the use

of a (non-combustion) ‘‘control device

designed and operated to reduce the

total organic content of the inlet vapor

stream by at least 95 percent by weight.’’

Since publication of the November 25,

1996 preamble, the EPA has

consistently and repeatedly provided

verbal clarification in all forums where

the subject of level 2 tank enclosures

has been raised, that the noted preamble

text is incorrect, and that level 2 tanks

operated inside an enclosure must be

vented to an enclosed combustion

device. The EPA provided this

information publicly at each of the six

seminars EPA conducted in September

through December of 1996; additionally,

an industry trade association provided

this same clarification at the two

seminars the industry trade group

conducted in March and April of 1997

(these seminars are discussed in the

Background section of today’s

preamble). Additionally, the

requirement for enclosed combustion

devices on level 2 tank enclosures was

strongly affirmed in the accompanying

printed materials for each of these EPA

and industry trade group seminars;

those printed materials were distributed

to all seminar attendees, and to

additional members of EPA and the

regulated community, for informational

purposes and peer review. Further, the

RCRA Hotline has been clarifying the

regulatory text requirement for enclosed

combustion devices to callers who have

raised the topic to Hotline

representatives. The requirement for

enclosed combustion devices on level 2

tank enclosures is not being amended by

today’s action. However, the EPA is

currently considering a future

amendment to this requirement that

would allow owners or operators to

operate a Level 2 tank enclosure vented

to an alternate control device, provided

they make certain site-specific

demonstrations. The reason EPA

currently requires enclosure emissions

to be vented to an enclosed combustion

device is because organic concentrations

in air within the enclosure are very

dilute, due to the inherent dilution in

the enclosure, and are often less than

100 ppm organics by volume. It is not

clear to the EPA that control devices

other than enclosed combustion

devices, can reduce organics in such a

dilute vent stream by the 95 percent

control efficiency required the subpart

CC standards. The EPA has agreed to

investigate the possibility whereby a

facility could make a case-by-case

demonstration of a non-combustion

control device efficiency; the EPA

would require the demonstration to

show that a mass of organics would be

removed from a given waste, using a

particular enclosure and control device,

equivalent to 95 percent reduction of

organics in the tank headspace, if the

tank were to be equipped with a discreet

cover. Though such a demonstration

would likely be fairly detailed and

costly, commenters have indicated that

they would be interested in pursuing

such an option if it were included in the

subpart CC tank enclosure requirements.

The EPA considers that such an

equivalency would be consistent with

the existing tank standards; if a

technically feasible and verifiable

equivalency demonstration technique

can be developed, this could be a

reasonable alternative to the

requirement for enclosed combustion

devices under the Level 2 tank

enclosure control option. The EPA will

continue to investigate this option, and

if a viable approach can be developed,

will publish a future amendment to

incorporate it into the subpart CC Level

2 tank standards.

The EPA has received inquiries as to

whether doors are allowed to be open

on level 2 tank enclosures, and how

doors are regarded under the provisions

for natural draft openings (NDO) in the

‘‘Procedure T—Criteria for and

Verification of a Permanent or

Temporary Total Enclosure’’ under 40

CFR 52.741, appendix B (‘‘Criteria T’’)

requirements. The Criteria T evaluation

of NDO is intended to evaluate the

effectiveness of the enclosure at

capturing emissions from within the

enclosure. Therefore, for purposes of

Criteria T, the evaluation of the

enclosure must be conducted on the

enclosure as it is operated during

hazardous waste management

operations. If the enclosure has a door

that is closed during waste operations,

then the open doorway would not be

considered an NDO; however, cracks or

openings that exist around the door

when it is closed would be considered

NDO. Doors on enclosures are often very

large, to accommodate waste

transportation vehicles; thus, the

effectiveness of an enclosure is severely

altered by the positioning of such a

door. Obviously, if a door is normally

open during times when hazardous

waste is managed in the enclosed tank,

the open doorway would be considered

an NDO.

By this clarification, the EPA is not

precluding the opening of enclosure

doors. The EPA considers it appropriate

to allow enclosure doors to be open for

the same circumstances that tank covers

can be open under paragraph

265.1085(g)(2)(i)(A) and similar

paragraphs for tanks equipped with

fixed roofs—when necessary to provide

access to the tank for performing routine

inspection, maintenance, or other

activities needed for normal operations.

Also commensurate with paragraph

265.1085(g)(2)(i)(A), following

completion of the activity, the owner or

operator should promptly secure the

door in the position it was in during the

evaluation of the NDO.

It also warrants clarification that the

enclosure door (and other openings not

accounted for as Criteria T NDO) must

be closed at all times that hazardous

waste is managed in the enclosed tank

(unless the tank is exempt from subpart

CC air emission control requirements),

not just when waste is being treated in

the tank. The EPA considers it

inherently obvious within the tank

standards that the enclosure around a

tank must be operated in the same

manner in which it was evaluated for

the Criteria T requirements.

Specifically, paragraphs § 264.1084(i)(1)

and § 265.1085(i)(1) require that the

enclosure be designed and operated in

accordance with the Criteria T.

The EPA recognizes that it is not

feasible to require all waste transfer to

and from a tank enclosure to be

conducted by enclosed transfer systems.

However, the EPA does consider it

reasonable to interpret the provisions of

§ 264.1084(i)(1) and § 265.1085(i)(1) to

require that the enclosure be operated in

the same manner in which it was

evaluated for compliance with Criteria

T. Thus, the EPA is clarifying that

enclosure doors and other openings not

evaluated as NDO shall be closed when

hazardous waste is managed inside the

enclosure, except when it is necessary

to open the door or opening for waste

transfer, equipment access, or worker

access.

In the December 6, 1994 final

regulation, the regulatory text at

§§ 264.1084(g) and 265.1085(g) allowed

that an owner or operator may install

and operate a safety device on tank

covers, closed-vent systems and control

devices. The amendments published on

November 25, 1996 amended the tank

requirements; in those amendments, the

provision for safety devices was

inadvertently omitted from the tank

requirements for floating roof covers.

Today’s action adds new paragraphs

264.1084(e)(4), 264.1084(f)(4),

265.1085(e)(4), and 265.1085(f)(4)

stating that safety devices are allowed
64650 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

on both internal and external floating

roof tank covers.

Today’s action amends

§ 264.1084(f)(3)(iii) to correct a

typographical error. The sentence ‘‘Prior

to each inspection required by

paragraph (f)(3)(i) or (f)(3)(ii) of this

subpart * * *’’ is revised to read as

follows, ‘‘Prior to each inspection

required by paragraph (f)(3)(i) or

(f)(3)(ii) of this section * * *’’ Also, to

correct another typographical error in

§ 264.1084(f)(3)(i)(D)(4) and

§ 265.1085(f)(3)(i)(D)(4), the phrase

‘‘* * * and then dividing the sum for

each seal type by the nominal perimeter

of the tank.’’ is revised to read as

follows ‘‘* * * and then dividing the

sum for each seal type by the nominal

diameter of the tank.’’

In the November 25, 1996 final rule

amendments (61 FR 59932), an

exemption from the control

requirements of subpart CC was added

for a tank, surface impoundment, or

container for which all the hazardous

waste placed in the unit meets the Land

Disposal Restrictions (LDR) as specified

in §§ 264.1082(c)(4) and 265.1083(c)(4).

However, the EPA inadvertently failed

to add this exemption based on meeting

applicable LDR treatment standards to

the exemption from the closed system

transfer requirements. Today’s change

adds paragraph (iii) under

§§ 264.1084(j)(2) and 265.1085(j)(2) to

correct this oversight. It was originally

the EPA’s intent to make this

conforming amendment for closed

system transfer requirements in the

November 25, 1996 action. The basic

structure of the subpart CC rule is that

once a hazardous waste is subject to the

provisions of the rule, all containers,

tanks, and impoundments managing the

waste are subject to the rule’s

requirements. However, once a waste is

treated to destroy or remove organics in

a manner specified in the rule,

downstream tanks, containers, and

surface impoundments are not subject to

the subpart CC air requirements to

operate the units with covers and/or

control devices.

(Note: Recordkeeping, monitoring, reporting

and testing requirements may apply to those

downstream units.) See Section VII.A.2.b,

Treated Hazardous Waste, of the preamble to

the final rule (59 FR 62914, December 6,

1994). The EPA inadvertently failed to codify

this core principle for closed system transfer

and is correcting the omission in today’s rule.

F. Standards: Surface Impoundments

Today’s action corrects a

typographical error in §§ 264.1085(b)(2)

and 265.1086(b)(2) by revising the

phrase ‘‘* * * paragraph (d) of this

sections.’’ to read ‘‘* * * paragraph (d)

of this section.’’ Also, the EPA is

clarifying the requirements of

§§ 264.1085(d)(1)(iii) and

265.1086(d)(1)(iii) by making a nonsubstantive editing change. ‘‘Factors to

be considered when selecting the

materials for * * *’’ is redrafted to read

‘‘Factors to be considered when

selecting the materials of construction

* * *’’ To correct another typographical

error in §§ 264.1085(d)(2)(i)(B) and

§ 265.1086(d)(2)(i)(B), ‘‘To remove

accumulated sludge or other residues

from the bottom of surface

impoundment.’’ is revised to read, ‘‘To

remove accumulated sludge or other

residues from the bottom of the surface

impoundment.’’

As is discussed regarding tanks, in

Section E of this preamble, the EPA

inadvertently failed to add the

exemption for hazardous wastes that

have been treated to meet applicable

LDR treatment standards to the

exemption from the closed system

transfer requirements for hazardous

waste that is transferred to a surface

impoundment. Today’s action adds this

exemption to the exemptions from

closed system transfer requirements in

§§ 264.1085(e)(2)(iii) and

265.1086(e)(2)(iii).

G. Standards: Containers

The EPA has received comments from

the regulated community regarding the

inspection requirements for containers;

these comments clearly indicate a widespread misinterpretation of the rule

requirements relevant to container

inspections. Numerous commenters

referenced in their statements to the

EPA that the language in

§ 264.1086(c)(4)(i) and (d)(4)(i), and the

corresponding paragraphs in 40 CFR

part 265, require a visual inspection to

occur within 24 hours after acceptance

of each regulated container which is

transported to a regulated facility and

which contains hazardous waste at the

time it arrives at the facility. They also

noted that the requirement for an

inspection to be conducted within a 24-

hour time frame is unnecessarily

burdensome in some limited and

infrequent situations.

The visual container inspection

requirement is intended to provide

means for the facility owner or operator

to ensure that the container has no

visible openings or gaps through which

organics could be emitted; see Section

IV.I.3 of the preamble, 61 FR 59948,

November 25, 1996. The amended

container regulations published

November 25, 1996, did not specify the

time frame in which the initial visual

inspection must be conducted. The

regulation states, ‘‘In the case when

* * * the container is not emptied (i.e.,

does not meet the conditions for an

empty container as specified in 40 CFR

261.7(b)) within 24 hours after the

container is accepted at the facility, the

owner or operator shall visually inspect

the container * * *’’ The 24-hour

period in the rule language refers to the

time limit on emptying the container

that triggers the visual inspection; the

rule language in § 265.1087(c)(4)(i) and

(d)(4)(i), and the corresponding

paragraphs in 40 CFR part 265, as

published in November 1996, do not

specify the time frame in which the

visual inspections must be conducted.

However, it is the intent of the EPA that

the initial inspection be subject to the

same time requirements as were set out

in the December 6, 1994, final

regulation (see 40 CFR 265.1089(f)(1) of

the December 6, 1994 published

regulation (at 59 FR 62947)).

Specifically, the container inspection

must be conducted on or before the date

that the container is initially subject to

the subpart CC container standards.

Thus, for a container with hazardous

waste that is transported to a regulated

facility, the inspection of the container

is required on or before the date that the

container is accepted at the facility.

In those situations where it would be

infeasible to inspect a container on the

date it is accepted at the facility, for the

purpose of compliance with the subpart

CC container standards, it would be

acceptable for the container to be

inspected prior to that date. For

example, if an owner or operator of an

affected facility accepts a shipment of

containers that arrives at the TSDF on

a truck, and the TSDF owner or operator

is unable to conduct a visual inspection

of the containers at the time of

acceptance of the container shipment, it

is acceptable under the rule to have the

generator or transporter perform the

visual inspection of the individual

containers before or during loading of

the containers onto the truck for

transport to the affected facility. The

transporter or generator could provide

the recipient TSDF with some level of

information (e.g., written

documentation) to confirm the

inspection has been conducted on or

before the date that the container is

accepted at the facility. It is likely that

the TSDF owner or operator would then

perform their own visual inspection

when possible, (e.g., at the time that the

containers are unloaded from the truck

at the TSDF). The EPA considers the use

of generator or transporter supplied

information to comply with the visual

inspection requirements similar to

owner or operator use of generator
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64651

information regarding the organic

content of a hazardous waste as a means

to comply with the waste determination

(i.e., VO concentration determination)

requirements of the rule. It should be

noted that in either case, it is ultimately

the responsibility of the owner or

operator of the affected facility to be in

compliance with all the applicable

regulatory requirements. The EPA is

amending the language in

§ 264.1086(c)(4)(i) and (d)(4)(i), and the

corresponding paragraphs in 40 CFR

part 265, to clarify that the 24-hour

period noted in the rule refers to the

time frame for emptying a container,

and that this 24-hour criterion then

triggers the need for a visual inspection

that must be conducted on or before the

date that the container is accepted at the

facility.

The amendment to §§ 264.1086

(c)(4)(i) and (d)(4)(i), and the

corresponding language in part 265, also

clarify the phrase ‘‘accepted at the

facility.’’ For the purposes of this

inspection requirement for containers,

the date of acceptance is the date of

signature that the facility owner or

operator enters on Item 20 of the

Uniform Hazardous Waste Manifest of

the appendix to 40 CFR part 262 (EPA

Form 8700–22), as required under

subpart E of this part, at § 264.71 and

§ 265.71. The instructions to EPA Form

8700–22 at Item 20, Facility Owner or

Operator: Certification of Receipt of

Hazardous Materials Covered by This

Manifest Except as Noted in Item 19,

state, ‘‘Print or type the name of the

person accepting the waste on behalf of

the owner or operator of the facility.

That person must acknowledge

acceptance of the waste described on

the Manifest by signing and entering the

date of receipt.’’ The EPA considers

acceptance of the waste to occur at the

time of manifest signature. This has

been the EPA’s consistent interpretation

of this phrase, and is the guidance that

EPA has supplied both verbally and in

written seminar materials.

The EPA has received questions

regarding when the opening of a cover

or closure device is allowed on

containers. Several of these questions

have concerned the opening of the vent

on vacuum trucks during loading

operations and the opening of

containers vents to allow venting of

vapors for the purpose of worker safety.

With regard to vacuum trucks, the EPA

has always intended the subpart CC

final rules to allow containers to vent

emissions directly to the atmosphere

during filling operations. This would

include use of a vacuum system to fill

a tank truck (i.e., a container under

RCRA). Although the December 6, 1994

final rules only allowed the opening

through which waste was transferred to

be open during waste transfer, this was

inadvertent; the EPA intended to allow

venting during waste transfer

operations, either through the opening

through which the waste is transferred,

or through a second opening that would

serve as a vent. To this effect, the EPA

amended the subpart CC rules on

February 9, 1996 to clarify this point

(see 61 FR 4909). The fact that EPA is

not requiring control of vacuum trucks

is also discussed in the document

Hazardous Waste Treatment, Storage,

and Disposal Facilities—Background

Information for Promulgated Organic

Air Emission Standards for Tanks,

Surface Impoundments, and containers;

see EPA–453/R–94–076b, November

1994, Section 6.6.5. where it is clear that

the EPA is fully aware that a practical

means of controlling the exhaust from

the vacuum pump on a vacuum truck

has not been demonstrated. The EPA is

now reiterating that these types of

systems are allowed under the subpart

CC container rules.

In response to commenters, EPA is

providing clarification that venting of

containers for worker safety is also

allowed under the subpart CC container

rules. Provision (iii) of §§ 264.1086(c)(3)

and 265.1087(c)(3), which allows

opening of a closure device or cover

when access inside is needed, would

allow the owner or operator to vent a

container prior to sending a worker into

a tanker or other container for clean-out.

This type of venting is necessary to

avoid an unsafe condition when

entering a confined space. For example,

venting both before and during the

cleaning operations is needed to reduce

the organic vapor concentration below

the lower explosive limit (LEL) for

worker safety. In addition, provision (v)

of §§ 264.1086(c)(3) and 265.1087(c)(3),

which allows opening of a safety device

at any time clearly shows the EPA intent

regarding the implementation measures

necessary to avoid an unsafe condition.

The EPA considers that the current rule

language allows this type of venting for

maintenance of worker safety, and is

providing this preamble discussion in

response to requests from commenters.

An additional interpretive

clarification is required, regarding the

transfer requirements to, from, and

among hazardous waste containers,

specifically when transfers occur in

conjunction with hazardous waste

stabilization operations.

The first clarification addresses

whether the addition of sorbent

materials is considered to be waste

stabilization for the purposes of

compliance with subpart CC, and thus,

whether such activities are required to

be conducted in containers equipped

with level 3 controls. There has been

specific inquiry as to whether the

subpart CC level 3 container standards

apply in situations where an owner or

operator ‘‘transfers’’ hazardous waste

from one container, such as a bulk

container or roll off box, to a second

unit, and adds the sorbent to the waste

after each scoop of waste is placed in

the second unit. The container

standards at § 264.1086(b)(2) state that,

‘‘* * * the owner or operator shall

control air pollutant emissions from the

container in accordance with the

Container Level 3 standards specified in

paragraph (e) of this section at those

times during the waste stabilization

process when the hazardous waste in

the container is exposed to the

atmosphere.’’ In its definition of waste

stabilization at 40 CFR 265.1081, the

EPA has stated that stabilization

includes the elimination of free liquids,

but does ‘‘not include the adding of

absorbent materials to the surface of a

waste, without mixing, agitation, or

subsequent curing, to absorb free

liquid.’’ The associated preamble

language clearly defined what activities

EPA was excluding from the waste

stabilization definition. See 61 FR at

4905, February 9, 1996. That preamble

discussion stated, ‘‘The EPA is also

amending the term ‘‘waste stabilization’’

to specifically exclude the process of

adding non-reactive absorbent material

to the surface of a waste. The EPA

recognizes that to meet certain criteria

under the Land Disposal Restrictions, or

to prevent the introduction of liquid

into certain combustion devices, owners

or operators apply absorbent material to

the surface of wastes just prior to

disposal. In such procedures, the

container is opened, absorbent material

is placed on the surface of the waste to

absorb a relatively small amount of

liquid, and the container is closed. No

mixing or agitation is involved in the

process.’’

It is clear from the text of the

regulation, as well as the February 9,

1996 preamble discussion, that addition

of absorbent, even with very limited

mixing or agitation, must be performed

in compliance with the container level

3 standards. In fact, this is the literal

meaning of the provision—such

‘‘transfer’’ operations result in mixing of

the sorbent material with the waste, a

condition that qualifies as waste

stabilization under subpart CC, and

requires container level 3 controls. (See

also the discussion of the EPA’s

intentions regarding requirements for

containers in the February 9, 1996
64652 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

preamble at 61 FR 4903, which makes

clear that a hazardous waste transfer

operation conducted as described above

would not satisfy the EPA’s stated intent

with regard to the general transfer

requirements of the container standards.

Therefore, the type of transfer operation

described above can only occur if the

containers meet the container level 3

requirements. The EPA repeats that this

requirement has a sound environmental

basis. Containers would remain open to

the environment during such

operations, and the volatile hazardous

constituents will be released. The

reaction of the sorbent materials with

the hazardous waste would, in fact, be

likely to increase the volatilization of

the organics in the waste, while the

container would remain uncovered as

subsequent layers of waste and sorbent

were applied. Such a situation would

result in organic emissions that the EPA

considers most appropriately controlled

under the container level 3

requirements, and the rules so require.

The EPA recognizes, however, that

there are circumstances where addition

of sorbent is not stabilization and

therefore will not trigger subpart CC

container standards. This is why the

rule states that stabilization ‘‘does not

include the adding of absorbent

materials to the surface of a waste,

without mixing, agitation, or subsequent

curing, to absorb free liquid.’’ The chief

example EPA has provided of such an

activity is addition of sorbent just prior

to the final disposition of the material

(the situation given in the February 9,

1996 preamble discussion). Other

examples would involve situations

where tanks are covered immediately

after addition of sorbent and stay

covered thereafter.

Examples could occur when sorbent

is added to a container at the end of a

work day, or at the final completion of

a waste transfer. The EPA’s technical

basis for allowing sorbent material to be

placed on the waste surface in these

limited situations, we repeat, is that any

potential for volatilization to the

atmosphere of the organics in the waste

would be prevented by the immediate

application of the container cover.

A similar issue has come to the

attention of EPA, regarding the

container standards at § 264.1086(d)(2)

and § 265.1087(d)(2), which require that

transfer of hazardous waste in or out of

a container ‘‘* * * be conducted in

such a manner as to minimize exposure

of the hazardous waste to the

atmosphere, to the extent practical

* * *’’ This provision was an

amendment to the more extensive

transfer requirements that were

promulgated in the December 6, 1994

rule. The November 25, 1996

amendment also revised the tank and

surface impoundment transfer

requirements such that only transfer

between and among subpart CCregulated tanks and surface

impoundments are required to be

conducted in an enclosed transfer

system. This amendment was made in

recognition that it is often impractical

for waste in containers to be transferred

to tanks or surface impoundments

through an enclosed system. However, it

is the EPA’s intent that transfer of

hazardous waste among containers, and

between containers and surface

impoundments or tanks, be conducted

in a manner to minimize waste exposure

to the atmosphere. See § 264.1084(j),

§ 264.1085(e), § 264.1086(d)(2) and

corresponding paragraphs in part 265.

Members of the regulated community

have questioned whether it is possible

to evade these less extensive transfer

requirements by including an

intervening non-subpart CC unit when

performing a transfer of hazardous

waste. Specifically, certain regulated

facilities have discussed transferring

waste from a subpart CC-regulated unit

(e.g., a tank or container) to a unit not

subject to subpart CC (e.g., the floor of

a containment building), then

subsequently transferring the waste to a

second subpart CC-regulated unit. Since

the containment building is not a unit

regulated by subpart CC, the subpart CC

standards do not impose transfer

requirements to or from containment

buildings; thus, the facilities suggest

that the subpart CC transfer

requirements would be met. As noted

above, the subpart CC container

requirements state that transfer of

hazardous waste to and from a regulated

container shall be conducted in a

manner which minimizes the waste’s

exposure to the atmosphere, considering

practical factors. The EPA considers an

unnecessary and open-air transfer of

waste to or from a container, conducted

in whole or in part, to avoid the subpart

CC container (or tank) requirements, to

not meet the obvious intent of the

container transfer requirement (e.g., see

264.1086(d)(2)). The EPA is aware of

waste transfer methods that would be

more effective in minimizing exposure

of the waste to the atmosphere—the

owner or operator is responsible for

conducting waste transfer in such a

manner as to minimize exposure of the

hazardous waste to the atmosphere.

Rather than leaving this issue open to

interpretation, the EPA will instruct

permit writers to invoke omnibus

authority under RCRA section

3005(c)(3) to assure control of such

transfers where necessary to protect

human health and the environment.

There are other aspects of the

container standards that also require

some further clarification; one point that

needs some additional explanation is in

regard to the Department of

Transportation (DOT) compliance

demonstration option for containers.

The subpart CC container standards, as

amended November 25, 1996, allow

three options for compliance

demonstration, one of which is through

compliance with certain applicable DOT

regulations for packaging of hazardous

materials for transportation.

Commenters have stated that they

consider the specification in subpart CC,

as to which DOT packaging

requirements qualify for that

compliance option, to have resulted in

an overly stringent requirement.

However, the EPA has clarified that

demonstration of compliance through

the use of certain DOT packagings is

only one approach to demonstrating

compliance with the container

standards. The regulated industry has

indicated to EPA that the vast majority

of hazardous waste that is shipped in

DOT transport packagings meets the

requirements for container level 1

standards. Thus, if a facility owner or

operator is using a DOT packaging

which is not among those specified

under the subpart CC container

standards, the facility owner or operator

must conduct a visual inspection to

determine that there are no visible

openings, cracks, etc. in the container.

See § 265.1087(c)(1)(ii). The EPA

considers the existing regulatory

language to adequately convey this

intent, and is including this preamble

discussion in response to commenters’

requests.

The container option to comply with

applicable DOT packaging regulations,

described at 40 CFR 265.1087(f) and

264.1086(f), includes four requirements

which must all be met to comply with

the subpart CC compliance

demonstration. The regulatory language

of that paragraph clearly indicates (in

fact, literally indicates) that compliance

with all four of the subparagraphs at

§ 265.1087(f)(1) through § 265.1087(f)(4)

is required, since the requirements are

not presented as alternatives. The

following paragraphs provide a detailed

description of each of the four

requirements found at § 265.1087(f).

The first requirement, found at 40

CFR 265.1087(f)(1), specifies that the

container must meet the applicable

requirements specified in 40 CFR part

178 or part 179. It is EPA’s intent to

require that in order to comply with 40

CFR part 265.1087(f), a container must
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64653

be subject to 49 CFR part 178 or part

179; it is also the EPA’s intent to require

that such a container be in compliance

with all the requirements of 49 CFR

parts 178 and 179 that are applicable.

(Again, this is the direct and literal

reading of the provision.) In developing

the final rule, the EPA determined that

containers subject to and in compliance

with these requirements would achieve

the appropriate level of air emission

control; see the preamble discussion at

Section IV.I.1, 61 FR 59947, November

25, 1996. The Agency could not make

that finding for containers not subject to

these provisions. A container not

subject to 49 CFR part 178 or 179 is thus

not eligible to comply with the subpart

CC rule through the requirements of 40

CFR 265.1087 (c)(1)(i) or (d)(1)(i), nor

the corresponding paragraphs in 40 CFR

part 264; it would have to comply with

the subpart CC rule through the

requirements of 40 CFR 265.1087

(c)(1)(ii), (c)(1)(iii), (d)(1)(ii) or d(1)(iii),

or the corresponding paragraphs in 40

CFR part 264, as appropriate.

The second requirement within 40

CFR 265.1087(f) for DOT-compliant

containers stipulates that the hazardous

waste must be managed in the DOT

container in accordance with all the

requirements contained in 49 CFR part

107 subpart B, part 172, part 173, and

part 180 that are applicable to that

container and the waste managed in that

container. The EPA listed these

regulatory parts because they were

characterized by the industry and by

DOT as the parts which describe the

requirements for management of

hazardous waste, for the types of

containers that are specified in 49 CFR

parts 178 and 179. The reference to 49

CFR part 107 subpart B is included to

recognize the exemptions for containers

that have been determined by DOT to be

equivalent or superior to those required

within 49 CFR part 178 and 179

standards.

The third and fourth requirements,

listed in 40 CFR 265.1087(f)(3) and (f)(4)

and their corresponding paragraphs in

40 CFR part 264, state that, ‘‘* * * For

the purpose of complying with this

subpart, no exceptions to the 40 CFR

part 178 and part 179 regulations are

allowed except as provided for in

paragraph (f)(4) of this section,’’ and

‘‘For a lab pack that is managed in

accordance with the requirements of 40

CFR part 178 for the purpose of

complying with this subpart, an owner

or operator may comply with the

exceptions for combination packagings

specified in 40 CFR 173.12(b).’’ These

requirements indicate that the DOTauthorized container must be in

compliance with all applicable

requirements in 49 CFR parts 178 and

179. Paragraph 265.1087(f)(3) of the

subpart CC rule specifically means that

for the purposes of the subpart CC rule

provisions, compliance with 49 CFR

parts 178 and 179 is required, and no

exceptions to those provisions are

allowed (unless the container were a lab

pack, as described in § 265.1087(f)(4)).

As with the earlier provisions discussed

above, this is the literal meaning of the

provision. There are many exceptions,

both explicit and implicit, to the 49 CFR

part 178 and 179 standards which are

contained in other sections of the DOT

standards. The EPA’s intent in 40 CFR

265.1087(f)(3) is to disallow any

regulatory provision which removes or

alters a requirement contained in 49

CFR parts 178 or 179, regardless of

where that disallowing regulatory

provision is codified, or whether that

provision is specifically described as an

‘‘exception.’’ For instance, 49 CFR

173.28(e) states that a non-reusable

container may be reused for certain

circumstances; however, the allowance

of that paragraph would not be

recognized for compliance with the

subpart CC container standards at 40

CFR 265.1087(f) or 40 CFR 264.1086(f).

As another example, 49 CFR 173.204

contains an implicit exception for

certain hazardous materials that states,

‘‘packaging need not conform to the

requirements of part 178.’’ However, if

that packaging were used to manage a

hazardous waste subject to the container

regulations of the subpart CC rule, the

effect of 40 CFR 265.1087(f)(3) would be

to require that, for compliance with the

subpart CC rule, such packaging must

comply with the requirements of 49 CFR

part 178. In this example, 40 CFR

265.1087(f) and 264.1086(f) would

disallow the exception to 49 part 178

provided by 49 CFR 173.204. Thus, as

a general matter, 40 CFR 265.1087(f) and

264.1086(f) have the intended effect of

requiring strict compliance with all

applicable requirements of 49 CFR parts

178 and 179 (other than the exception

for lab packs at 49 CFR 173.12(b)), for

the purpose of the DOT compliance

option within the subpart CC container

standards. Strict compliance with these

provisions is necessary to ensure that

the emission reduction intended by the

rule is achieved.

Today’s action also corrects two

typographical errors in § 264.1086. In

§ 264.1086(c)(2), ‘‘* * * Organic vapor

permeability, the effects of the contact

with the hazardous waste * * *’’ is

revised to read as follows, ‘‘Organic

vapor permeability; the effects of the

contact with the hazardous waste

* * *’’ and in § 264.1086(d)(2), ‘‘* * *

any one of the following: a submergedfill pipe * * *’’ is revised to read as

follows, ‘‘* * * any one of the

following: A submerged-fill pipe * * *’’

For containers required to use Level 2

controls under the subpart CC

standards, one option under the final

rules requires that the hazardous waste

be managed in a ‘‘container that

operates with no detectable organic

emissions.’’ (See §§ 264.1086(d)(ii) and

265.1087(d)(ii).) The test for conducting

no detectable organic emissions for the

purpose of complying with this

requirement must be conducted in

accordance with the procedures

specified in Method 21 of 40 CFR part

60, appendix A. However, under

subpart CC, there are no requirements

for periodic Method 21 leak monitoring

of containers. (See Section IV.I.3 of the

preamble to the final rule, 61 FR 59948,

November 25, 1996.) Any Method 21

monitoring to determine if the

containers operate with no detectable

organic emissions is conducted at the

owner’s or operator’s discretion. In

order to clarify this point, the EPA has

amended the language in paragraph (g)

of the container standards.

H. Standards: Closed-Vent Systems and

Control Devices

The inspection and monitoring

requirements under paragraph (c) of

§ 264.1087 and § 265.1088 are being

amended to clarify that the inspection

and monitoring procedures specifically

cited in paragraph (c)(7) are applicable

to closed-vent systems as well as to the

control devices. The reference to closedvent system in paragraph (c)(7) was

inadvertently left out of the sentence

specifying what shall be inspected and

monitored; however, the procedures

specified in the paragraph did cite the

requirements applicable to closed-vent

systems, and it was thus the EPA’s

intent that closed-vent systems be

included.

The EPA has received several

comments concerning how a TSDF

owner or operator would demonstrate

compliance with the 95 percent removal

requirement (see § 265.1088(c)(1)(i)) for

a vent stream with low concentration

organic vapor entering an organic air

emission control device. The

commenters contended that the 95

percent removal or destruction

performance demonstration is not

feasible for low concentration organic

streams. However, the EPA has not at

this time found adequate technical

reasons to change the 95 percent control

requirement. Similar requirements have

been included in other regulations

controlling air emissions from process

vents on hazardous and non-hazardous
64654 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

waste management operations (e.g.,

subpart DD in 40 CFR part 63) and

guidance regarding compliance with the

95 percent control requirement has been

published by the EPA, see EPA–450/3–

89–021, Hazardous Waste TSDF—

Technical Guidance Document for

RCRA Air Emission Standards for

Process Vents and Equipment Leaks; or

EPA–450/3–91–007, Alternative Control

Technology Document—Organic Waste

Process Vents. The EPA has also

published guidance regarding the

control of low concentration organic

vapor streams; see EPA–450/R–95–003,

Survey of Control Technologies for Low

concentration Organic Vapor Gas

Streams.

It has been suggested that the EPA

include the use of an activated carbon

adsorption control system as a specified

technology and/or use of surrogate

compounds to demonstrate compliance.

Again, the EPA does not have an

adequate technical basis to revise the

control device requirements to include

a carbon adsorption control equipment

specification. Carbon adsorption

systems require considerable

constituent and other site-specific

information for proper control device

design, unlike combustion systems, for

which organic control efficiency is less

dependent on the particular organic

constituent present in the gas stream.

Therefore, the EPA has not included a

carbon adsorption equipment

specification in the rule as an

alternative to the 95 percent organic

removal efficiency demonstration.

Commenters also have requested that

the EPA amend the control device

requirements of the rule to allow that

the temperature sensor for condensers

be placed in the coolant exhaust rather

than in the exhaust vent stream from the

condenser exit. The EPA selected this

monitoring location because its was

judged that monitoring the exhaust gas

provided a better and more direct

characterization of the performance of

the condenser. In addition, the

standards for closed-vent systems and

control devices in subpart AA (see

§ 264.1033(i)) allow that ‘‘an alternative

operational or process parameter may be

monitored if it can be demonstrated that

another parameter will ensure that the

control device is operated in

conformance with these standards and

the control devices’s design

specifications.’’ This same allowance is

not contained in the part 265 standards

for interim status facilities because the

rules do not have provisions for

reporting and thus there is no direct

mechanism for Agency review of the

appropriateness of the alternative

parameter. The EPA did not seek to

burden the owner or operator of interim

status facilities with the additional

reporting requirements associated with

the technical demonstration of

equivalent characterization of

performance. For those facilities that are

monitoring an alternative parameter,

e.g., condenser coolant exhaust rather

than the condenser vent stream exhaust,

in compliance with provisions of a

Clean Air Act regulation such as the

HON, the owner or operator of the unit

may be able to comply with the RCRA

air rules through one of the Clean Air

Act applicability exemptions contained

in the RCRA air rules at §§ 264.1030(d)

and 265.1030(d) of subpart AA and

§§ 264.1080(b)(7) and 265.1080(b)(7) of

subpart CC. The EPA continues to

believe that the monitoring

requirements specified in the 40 CFR

part 265 rules are reasonable, and the

EPA does not consider it appropriate to

allow alternative parameters to be

monitored without a mechanism for

Agency review of the alternative

approach (e.g., a Clean Air Act or RCRA

permit). Therefore, the EPA is not

amending the rule in this regard.

As previously noted in Section III.C of

this preamble, the November 25, 1996,

amendments to the subpart CC

standards for control devices and closed

vent systems (at § 265.1088(c)(2)(i)),

added provisions to allow up to 240

hours per year for periods of planned

routine maintenance of a control device,

during which time the control device is

not required to meet the performance

requirements for emission reductions

specified in the rule. The EPA has

received comments that control devices

such as boilers, industrial furnaces, and

incinerators often require routine

maintenance that takes longer than 10

days per year. In connection with this,

the commenters also requested that the

EPA provide an extension to the repair

period so long as the owner or operator

documents the decision to use an

extension by including certain material

in the operating record. The EPA

considers the emissions from hazardous

waste to be a significant source of

nationwide organic air emissions, and

does not consider it appropriate to

lengthen the time that a control device

may be out of service for routine

maintenance, while hazardous waste is

being managed in the unit. As

promulgated in December 1994, the

subpart CC standards did not allow

provisions for planned maintenance

time, because the modeled emission

reductions attributed to the

implementation of these standards were

based on control device operation at all

times that affected waste is managed in

a unit requiring a control device. In the

November 1996 amendments, the EPA

revised the control device provisions in

recognition that planned or routine

maintenance of control devices, within

reason, would limit the unplanned

malfunctions. However, the EPA

continues to consider that 240 hours per

year is an appropriate maximum

amount of time for hazardous waste to

be managed in units without the

required control device operating. Thus,

the EPA is not amending this provision.

Instances of control device down time

beyond the allowed 240 hours for

maintenance would be considered

periods in which the facility is not in

compliance with the control

requirements of the rule.

The EPA is today clarifying that the

requirements for management of spent

carbon, at § 264.1088(c)(3)(ii) and

§ 265.1089(c)(3)(ii) apply only to carbon

that is a hazardous waste. This

clarification has been made in both the

February 9, 1996 technical amendments

(see 61 FR at 4910) and the November

25, 1996 final rule amendments (see 61

FR at 59936). When amending the

regulatory text at § 264.1087(c)(3)(ii) and

§ 265.1088(c)(3)(ii) in the November 25,

1996 action, the EPA inadvertently

omitted the phrases that state the

requirement applies to carbon that is a

hazardous waste, and the requirement

applies regardless of the VO

concentration of the carbon. These

statements had been included in the

regulatory text prior to that November

25 Federal Register document; today’s

amendment clarifies the EPA’s intent by

correcting that omission.

I. Recordkeeping and Reporting

Requirements

In the November 25, 1996 final rule

amendments (61 FR 59952 and 59971)

to parts 264 and 265, the subpart CC

applicability was amended to exempt

any hazardous waste management unit

that the owner or operator certifies is

equipped with and operating air

emission controls in accordance with an

applicable Clean Air Act regulation

codified under 40 CFR part 60, part 61,

or part 63. Though the requirement for

owner or operator certification was

established at § 264.1080(b)(7), the EPA

inadvertently failed to add the

associated recordkeeping requirement to

the recordkeeping sections of subpart

CC. In order to establish minimum

recordkeeping requirements for those

units that are exempted from the

subpart because the unit is in

compliance with control requirements

under a Clean Air Act regulation, the

subpart CC recordkeeping requirements

are being amended by today’s action. A
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64655

new paragraph (j) is being added to

§ 264.1089 and § 265.1090 that requires

the owner or operator to record and

maintain: (1) a certification that the

waste management unit is equipped

with and operating air emission controls

in accordance with the requirements of

an applicable Clean Air Act regulation

codified in 40 CFR parts 60, 61, or 63;

and (2) identification of the specific

requirements with which the unit is in

compliance.

Adding these requirements also

necessitated a change to paragraph (a) of

§ 264.1089 and § 265.1090 in order to

include paragraph (j) in the list of

information specified for recordkeeping

under the subpart.

In addition, today’s action corrects

typographical errors in § 264.1089(a)

and § 265.1090(a). In the last sentence of

§ 264.1089(a), ‘‘* * * air emission

controls specified in §§ 264.1084

through 264.1087 of this subpart in

accordance with the conditions

specified in § 264.1084(d) of this

subpart.’’ is revised to read as follows,

‘‘* * * air emission controls specified

in §§ 264.1084 through 264.1087 of this

subpart in accordance with the

conditions specified in § 264.1080(d) or

§ 264.1080(b)(7), respectively, of this

subpart.’’ Similarly, in the last sentence

of § 265.1090(a), ‘‘* * * air emission

controls specified in §§ 264.1084

through 264.1087 of this subpart in

accordance with the conditions

specified in § 264.1084(d) of this

subpart’’ is revised to read as follows,

‘‘* * * air emission controls specified

in §§ 265.1085 through 265.1088 of this

subpart in accordance with the

conditions specified in § 265.1080(d) or

§ 265.1080(b)(7), respectively, of this

subpart.’’

Also in the recordkeeping sections of

subpart CC, paragraph (f) of § 264.1089

and § 265.1090 are being amended to

provide the full citation referenced in

the paragraph; the references to

§ 264.1082(c)(2) and § 265.1083(c)(2) are

being expanded to state (c)(2)(i) through

(c)(2)(vi)’’ in paragraph (f) to cover

specifically each of the exemption

options, for which a waste

determination for a treated hazardous

waste is required.

In a further correction, paragraph

(b)(1)(ii)(B) of § 264.1089 and § 265.1090

is being amended to correct the sentence

structure and eliminate the redundant

phrase ‘‘the following information.’’

J. Appendix VI to Part 265

Appendix VI to part 265 is revised

and reprinted in total. The revisions

made by today’s action correct printing

errors in the November 25, 1996, final

rule amendments (61 FR 59993),

reformat the list to be alphabetical,

correct typographical errors in

compound names (for example,

dimethyl hydrazine (1,) is corrected to

read 1,1-dimethyl hydrazine), and add

CAS numbers that were not available in

the November 25, 1996, final rule

amendments.

There has been some uncertainty

among the regulated community with

respect to whether or not cyanide (CN)

is classified as an ‘‘organic’’ compound.

For purposes of subpart CC, cyanide is

listed in Appendix VI to Part 265 as one

of the compounds with a Henry’s Law

Constant less than 0.1 Y/X and as such

it is not necessary to quantify CN as a

part of the volatile organic

concentration determination.

VI Administrative Requirements

A. Docket

Six RCRA dockets contain

information pertaining to today’s

rulemaking: (1) RCRA docket number F–

91–CESP–FFFFF, which contains copies

of all BID references and other

information related to the development

of the rule up through proposal; (2)

RCRA docket number F–92–CESA–

FFFFF, which contains copies of the

supplemental data made available for

public comment prior to promulgation;

(3) RCRA docket number F–94–CESFFFFFF, which contains copies of all BID

references and other information related

to development of the final rule

following proposal; (4) RCRA docket

number F–94–CE2A–FFFFF, which

contains information pertaining to waste

stabilization operations performed in

tanks; (5) RCRA docket number F–95–

CE3A–FFFFF, which contains

information about potential final rule

revisions made available for public

comment; and (6) RCRA docket number

F–96–CE4A–FFFFF, which contains a

copy of each of the comment letters

submitted in regard to the revisions that

the EPA was considering for the final

subpart CC standards. The public may

review all materials in these dockets at

the EPA RCRA Docket Office.

The EPA RCRA Docket Office is

located at Crystal Gateway, 1235

Jefferson Davis Highway, First Floor,

Arlington, Virginia. Hand delivery of

items and review of docket materials are

made at the Virginia address. The public

must have an appointment to review

docket materials. Appointments can be

scheduled by calling the Docket Office

at (703) 603–9230. The mailing address

for the RCRA Docket Office is RCRA

Information Center (5305W), 401 M

Street SW, Washington, DC 20460. The

Docket Office is open from 9 a.m. to 4

p.m., Monday through Friday, except for

Federal holidays.

B. Paperwork Reduction Act

The information collection

requirements of the previously

promulgated RCRA air rules were

submitted to and approved by the Office

of Management and Budget (OMB). A

copy of this Information Collection

Request (ICR) document (OMB control

number 1593.02) may be obtained from

Sandy Farmer, Information Policy

Branch (2136); U.S. Environmental

Protection Agency; 401 M Street, SW;

Washington, DC 20460 or by calling

(202) 260–2740.

Today’s amendments to the RCRA air

rules should have only a minor impact

on the information collection burden

estimates made previously, and that

impact is expected to be a reduction.

The changes consist of new definitions,

alternative test procedures,

clarifications of requirements, and

additional compliance options. The

changes are not additional

requirements, but rather, are reductions

in previously published requirements.

The overall information-keeping

requirements in the rule are being

reduced. Consequently, the ICR has not

been revised.

C. Executive Order 12866

Under Executive Order 12866, the

EPA must determine whether the

proposed regulatory action is

‘‘significant’’ and, therefore, subject to

the OMB review and the requirements

of the Executive Order. The Order

defines ‘‘significant’’ regulatory action

as one that is likely to lead to a rule that

may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety in

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs, or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

The RCRA subpart CC air rules

published on December 6, 1994, were

considered significant under Executive

Order 12866, and a regulatory impact

analysis (RIA) was prepared. The

amendments published today clarify the
64656 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

rule, provide more compliance

alternatives, make certain regulatory

provisions more lenient, and correct

structural problems with the drafting of

some sections. The OMB has evaluated

this action, and determined it to be nonsignificant; thus it did not require their

review.

D. Regulatory Flexibility

This rule is not subject to notice and

comment rulemaking requirements and

therefore is not subject to the Regulatory

Flexibility Act. However, for the reasons

discussed in the December 6, 1994

Federal Register (59 FR 62923), this rule

does not have a significant impact on a

substantial number of small entities.

The changes to the rule do not add new

control requirements to the December

1994 rule. The amendments in fact

reduce the already-existing

requirements. Therefore, the

amendments are also not considered

significant.

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2) given that it amends the

rule published in 1994 to reduce the

extent of regulation.

E. Unfunded Mandates Act

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), the EPA

must prepare a budgetary impact

statement to accompany any proposed

or final rule that includes a Federal

mandate that may result in estimated

costs to State, local, or tribal

governments in the aggregate, or to the

private sector, of $100 million or more.

Under section 205, the EPA must select

the most cost-effective and least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Section 203 requires the EPA to

establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The EPA has determined that the

action promulgated today does not

include a Federal mandate that may

result in estimated costs of $100 million

or more to either State, local, or tribal

governments in the aggregate or to the

private sector. Therefore, the

requirements of the Unfunded Mandates

Act do not apply to this action.

F. Immediate Effective Date

The EPA has determined to make

today’s action effective immediately.

The EPA believes that the corrections

being made in today’s action are either

interpretations of existing regulations

which do not require prior notice and

opportunity for comment, or are

technical corrections of obvious errors

in the published rules (for example,

corrections to regulations inconsistent

with or not carrying out statements in

the preamble or Background

Information Document). Comment on

such changes is unnecessary, within the

meaning of 5 U.S.C. 553(b)(3)(B). In

addition, the EPA notes that many of

these clarifications result from the

public meeting process, so that the

Agency has provided a measure of

opportunity for comment.

VII. Legal Authority

These regulations are amended under

the authority of sections 2002, 3001–

3007, 3010, and 7004 of the Solid Waste

Disposal Act of 1970, as amended by

RCRA, as amended (42 U.S.C. 6921–

6927, 6930, and 6974).

List of Subjects

40 CFR Parts 264 and 265

Environmental protection, Air

pollution control, Container, Control

device, Hazardous waste, Inspection,

Monitoring, Reporting and

recordkeeping requirements, Surface

impoundment, Tank, TSDF, Waste

determination.

40 CFR Part 270

Environmental protection,

Administrative practice and procedure,

Air pollution, Confidential business

information, Hazardous waste, Permit

modification, Reporting and

recordkeeping requirements.

Dated: November 28, 1997.

Richard D. Wilson,

Acting Asssistant Administrator for Air and

Radiation.

For the reasons set out in the

preamble, title 40, chapter I, parts 264,

265, and 270 of the Code of Federal

Regulations are amended as follows:

PART 264—STANDARDS FOR

OWNERS AND OPERATORS OF

HAZARDOUS WASTE TREATMENT,

STORAGE, AND DISPOSAL

FACILITIES

1. The authority citation for part 264

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924

and 6925.

Subpart B—General Facility Standards

2. Section 264.15 is amended by

revising paragraph (b)(4), and leaving

the ‘‘COMMENT’’ at the end of the

paragraph to read as follows:

§ 264.15 General inspection requirements.

* * * * *

(b) * * *

(4) The frequency of inspection may

vary for the items on the schedule.

However, the frequency should be based

on the rate of deterioration of the

equipment and the probability of an

environmental or human health

incident if the deterioration,

malfunction, or any operator error goes

undetected between inspections. Areas

subject to spills, such as loading and

unloading areas, must be inspected

daily when in use. At a minimum, the

inspection schedule must include the

items and frequencies called for in

§§ 264.174, 264.193, 264.195, 264.226,

264.254, 264.278, 264.303, 264.347,

264.602, 264.1033, 264.1052, 264.1053,

264.1058, and 264.1083 through

264.1089 of this part, where applicable.

* * * * *

Subpart E—Manifest System,

Recordkeeping, and Reporting

3. Section 264.73 is amended by

revising paragraph (b)(6) to read as

follows:

§ 264.73 Operating record.

* * * * *

(b) * * *

(6) Monitoring, testing or analytical

data, and corrective action where

required by subpart F of this part and

§§ 264.19, 264.191, 264.193, 264.195,

264.222, 264.223, 264.226, 264.252—

264.254, 264.276, 264.278, 264.280,

264.302—264.304, 264.309, 264.347,

264.602, 264.1034(c)—264.1034(f),

264.1035, 264.1063(d)—264.1063(i),

264.1064, and 264.1082 through

264.1090 of this part.

* * * * *

Subpart AA—Air Emission Standards

for Process Vents

4. Section 264.1030 is amended by

revising paragraphs (b)(3) and (c),

leaving the ‘‘NOTE’’ at the end of

paragraph (c), and adding paragraph (e),

to read as:

§ 264.1030 Applicability.

* * * * *

(b) * * *

(3) A unit that is exempt from

permitting under the provisions of 40
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64657

CFR 262.34(a) (i.e., a ‘‘90-day’’ tank or

container) and is not a recycling unit

under the provisions of 40 CFR 261.6.

(c) For the owner and operator of a

facility subject to this subpart and who

received a final permit under RCRA

section 3005 prior to December 6, 1996,

the requirements of this subpart shall be

incorporated into the permit when the

permit is reissued in accordance with

the requirements of 40 CFR 124.15 or

reviewed in accordance with the

requirements of 40 CFR 270.50(d). Until

such date when the owner and operator

receives a final permit incorporating the

requirements of this subpart, the owner

and operator is subject to the

requirements of 40 CFR 265, subpart

AA.

* * * * *

(e) The requirements of this subpart

do not apply to the process vents at a

facility where the facility owner or

operator certifies that all of the process

vents that would otherwise be subject to

this subpart are equipped with and

operating air emission controls in

accordance with the process vent

requirements of an applicable Clean Air

Act regulation codified under 40 CFR

part 60, part 61, or part 63. The

documentation of compliance under

regulations at 40 CFR part 60, part 61,

or part 63 shall be kept with, or made

readily available with, the facility

operating record.

* * * * *

5. Section 264.1031 is amended by

revising the definition of ‘‘In light liquid

service’’ to read as follows:

§ 264.1031 Definitions.

* * * * *

In light liquid service means that the

piece of equipment contains or contacts

a waste stream where the vapor pressure

of one or more of the organic

components in the stream is greater than

0.3 kilopascals (kPa) at 20°C, the total

concentration of the pure organic

components having a vapor pressure

greater than 0.3 kilopascals (kPa) at 20°C

is equal to or greater than 20 percent by

weight, and the fluid is a liquid at

operating conditions.

* * * * *

6. Section 264.1033 is amended by

revising paragraph (a)(2) to read as

follows:

§ 264.1033 Standards: Closed-vent

systems and control devices.

(a) * * *

(2)(i) The owner or operator of an

existing facility who cannot install a

closed-vent system and control device

to comply with the provisions of this

subpart on the effective date that the

facility becomes subject to the

provisions of this subpart must prepare

an implementation schedule that

includes dates by which the closed-vent

system and control device will be

installed and in operation. The controls

must be installed as soon as possible,

but the implementation schedule may

allow up to 30 months after the effective

date that the facility becomes subject to

this subpart for installation and startup.

(ii) Any unit that begins operation

after December 21, 1990, and is subject

to the provisions of this subpart when

operation begins, must comply with the

rules immediately (i.e., must have

control devices installed and operating

on startup of the affected unit); the 30-

month implementation schedule does

not apply.

(iii) The owner or operator of any

facility in existence on the effective date

of a statutory or EPA regulatory

amendment that renders the facility

subject to this subpart shall comply

with all requirements of this subpart as

soon as practicable but no later than 30

months after the amendment’s effective

date. When control equipment required

by this subpart can not be installed and

begin operation by the effective date of

the amendment, the facility owner or

operator shall prepare an

implementation schedule that includes

the following information: Specific

calendar dates for award of contracts or

issuance of purchase orders for the

control equipment, initiation of on-site

installation of the control equipment,

completion of the control equipment

installation, and performance of any

testing to demonstrate that the installed

equipment meets the applicable

standards of this subpart. The owner or

operator shall enter the implementation

schedule in the operating record or in a

permanent, readily available file located

at the facility.

(iv) Owners and operators of facilities

and units that become newly subject to

the requirements of this subpart after

December 8, 1997, due to an action

other than those described in paragraph

(a)(2)(iii) of this section must comply

with all applicable requirements

immediately (i.e., must have control

devices installed and operating on the

date the facility or unit becomes subject

to this subpart; the 30-month

implementation schedule does not

apply).

* * * * *

Subpart BB—Air Emission Standards

for Equipment Leaks

7. Section 264.1050 is amended by

revising paragraphs (b)(3), (c) and (f) to

read as follows:

§ 264.1050 Applicability.

* * * * *

(b) * * *

(3) A unit that is exempt from

permitting under the provisions of 40

CFR 262.34(a) (i.e., a ‘‘90-day’’ tank or

container) and is not a recycling unit

under the provisions of 40 CFR 261.6.

(c) For the owner or operator of a

facility subject to this subpart and who

received a final permit under RCRA

section 3005 prior to December 6, 1996,

the requirements of this subpart shall be

incorporated into the permit when the

permit is reissued in accordance with

the requirements of 40 CFR 124.15 or

reviewed in accordance with the

requirements of 40 CFR 270.50(d). Until

such date when the owner or operator

receives a final permit incorporating the

requirements of this subpart, the owner

or operator is subject to the

requirements of 40 CFR part 265,

subpart BB.

* * * * *

(f) Equipment that contains or

contacts hazardous waste with an

organic concentration of at least 10

percent by weight for less than 300

hours per calendar year is excluded

from the requirements of §§ 264.1052

through 264.1060 of this subpart if it is

identified, as required in

§ 264,1064(g)(6) of this subpart.

* * * * *

8. Section 264.1060 is revised to read

as follows:

§ 264.1060 Standards: Closed-vent

systems and control devices.

(a) Owners and operators of closedvent systems and control devices subject

to this subpart shall comply with the

provisions of § 264.1033 of this part.

(b)(1) The owner or operator of an

existing facility who cannot install a

closed-vent system and control device

to comply with the provisions of this

subpart on the effective date that the

facility becomes subject to the

provisions of this subpart must prepare

an implementation schedule that

includes dates by which the closed-vent

system and control device will be

installed and in operation. The controls

must be installed as soon as possible,

but the implementation schedule may

allow up to 30 months after the effective

date that the facility becomes subject to

this subpart for installation and startup.

(2) Any unit that begins operation

after December 21, 1990, and is subject

to the provisions of this subpart when

operation begins, must comply with the

rules immediately (i.e., must have

control devices installed and operating

on startup of the affected unit); the 30-

month implementation schedule does

not apply.
64658 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

(3) The owner or operator of any

facility in existence on the effective date

of a statutory or EPA regulatory

amendment that renders the facility

subject to this subpart shall comply

with all requirements of this subpart as

soon as practicable but no later than 30

months after the amendment’s effective

date. When control equipment required

by this subpart can not be installed and

begin operation by the effective date of

the amendment, the facility owner or

operator shall prepare an

implementation schedule that includes

the following information: Specific

calendar dates for award or contracts or

issuance of purchase orders for the

control equipment, initiation of on-site

installation of the control equipment,

completion of the control equipment

installation, and performance of any

testing to demonstrate that the installed

equipment meets the applicable

standards of this subpart. The owner or

operator shall enter the implementation

schedule in the operating record or in a

permanent, readily available file located

at the facility.

(4) Owners and operators of facilities

and units that become newly subject to

the requirements of this subpart after

December 8, 1997, due to an action

other than those described in paragraph

(b)(3) of this section must comply with

all applicable requirements immediately

(i.e., must have control devices installed

and operating on the date the facility or

unit becomes subject to this subpart; the

30-month implementation schedule

does not apply).

9. Section 264.1062 is amended by

revising paragraphs (b)(2) and (b)(3) to

read as follows:

§ 264.1062 Alternative standards for

valves in gas/vapor service or in light liquid

service: skip period leak detection and

repair.

* * * * *

(b) * * *

(2) After two consecutive quarterly

leak detection periods with the

percentage of valves leaking equal to or

less than 2 percent, an owner or

operator may begin to skip one of the

quarterly leak detection periods (i.e.,

monitor for leaks once every six

months) for the valves subject to the

requirements in § 264.1057 of this

subpart.

(3) After five consecutive quarterly

leak detection periods with the

percentage of valves leaking equal to or

less than 2 percent, an owner or

operator may begin to skip three of the

quarterly leak detection periods (i.e.,

monitor for leaks once every year) for

the valves subject to the requirements in

§ 264.1057 of this subpart.

* * * * *

10. Section 264.1064 is amended by

revising paragraphs (g)(6) and (m) to

read as follows:

§ 264.1064 Recordkeeping requirements.

* * * * *

(g) * * *

(6) Identification, either by list or

location (area or group) of equipment

that contains or contacts hazardous

waste with an organic concentration of

at least 10 percent by weight for less

than 300 hours per calendar year.

* * * * *

(m) The owner or operator of a facility

with equipment that is subject to this

subpart and to regulations at 40 CFR

part 60, part 61, or part 63 may elect to

determine compliance with this subpart

either by documentation pursuant to

§ 264.1064 of this subpart, or by

documentation of compliance with the

regulations at 40 CFR part 60, part 61,

or part 63 pursuant to the relevant

provisions of the regulations at 40 part

60, part 61, or part 63. The

documentation of compliance under

regulations at 40 CFR part 60, part 61,

or part 63 shall be kept with or made

readily available with the facility

operating record.

Subpart CC—Air Emission Standards

for Tanks, Surface Impoundments, and

Containers

11. Section 264.1080 is amended by

revising paragraphs (b)(1) and (c) to read

as follows:

§ 264.1080 Applicability.

* * * * *

(b) * * *

(1) A waste management unit that

holds hazardous waste placed in the

unit before December 6, 1996, and in

which no hazardous waste is added to

the unit on or after December 6, 1996.

* * * * *

(c) For the owner and operator of a

facility subject to this subpart who

received a final permit under RCRA

section 3005 prior to December 6, 1996,

the requirements of this subpart shall be

incorporated into the permit when the

permit is reissued in accordance with

the requirements of 40 CFR 124.15 of

this chapter or reviewed in accordance

with the requirements of 40 CFR

270.50(d) of this chapter. Until such

date when the permit is reissued in

accordance with the requirements of 40

CFR 124.15 or reviewed in accordance

with the requirements of 40 CFR

270.50(d), the owner and operator is

subject to the requirements of 40 CFR

part 265, subpart CC.

* * * * *

12. Section 264.1082 is amended by

revising paragraphs (b), (c)(2)(ix)(A),

(c)(2)(ix)(B), (c)(3) and (c)(4)(ii) to read

as follows:

§ 264.1082 Standards: General.

* * * * *

(b) The owner or operator shall

control air pollutant emissions from

each hazardous waste management unit

in accordance with standards specified

in §§ 264.1084 through 264.1087 of this

subpart, as applicable to the hazardous

waste management unit, except as

provided for in paragraph (c) of this

section.

(c) * * *

(2) * * *

(ix) * * *

(A) If Method 25D in 40 CFR part 60,

appendix A is used for the analysis,

one-half the blank value determined in

the method at section 4.4 of Method 25D

in 40 CFR part 60, appendix A, or a

value of 25 ppmw, whichever is less.

(B) If any other analytical method is

used, one-half the sum of the limits of

detection established for each organic

constituent in the waste that has a

Henry’s law constant value at least 0.1

mole-fraction-in-the-gas-phase/molefraction-in-the-liquid-phase (0.1 Y/X)

[which can also be expressed as 1.8 x

10¥6 atmospheres/gram-mole/m3] at 25

degrees Celsius.

(3) A tank or surface impoundment

used for biological treatment of

hazardous waste in accordance with the

requirements of paragraph (c)(2)(iv) of

this section.

(4) * * *

(ii) The organic hazardous

constituents in the waste have been

treated by the treatment technology

established by the EPA for the waste in

40 CFR 268.42(a), or have been removed

or destroyed by an equivalent method of

treatment approved by EPA pursuant to

40 CFR 268.42(b).

* * * * *

13. Section 264.1083 is amended by

revising paragraphs (a)(2) and (b)(1) to

read as follows:

§ 264.1083 Waste determination

procedures.

(a) * * *

(2) For a waste determination that is

required by paragraph (a)(1) of this

section, the average VO concentration of

a hazardous waste at the point of waste

origination shall be determined in

accordance with the procedures

specified in 40 CFR 265.1084(a)(2)

through (a)(4).

(b) * * *
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64659

(1) An owner or operator shall

perform the applicable waste

determinations for each treated

hazardous waste placed in waste

management units exempted under the

provisions of § 264.1082(c)(2)(i) through

(c)(2)(vi) of this subpart from using air

emission controls in accordance with

standards specified in §§ 264.1084

through 264.1087 of this subpart, as

applicable to the waste management

unit.

* * * * *

14. Section 264.1084 is amended by

revising paragraph (c)(2)(iii)

introductory text and paragraph

(c)(2)(iii)(B), adding paragraph (e)(4),

revising paragraph (f)(3)(i)(D)(4) and

paragraph (f)(3)(iii) itroductory text,

adding paragraph (f)(4), and adding

paragraph (j)(2)(iii) to read as follows:

§ 264.1084 Standards: Tanks.

* * * * *

(c) * * *

(2) * * *

(iii) Each opening in the fixed roof,

and any manifold system associated

with the fixed roof, shall be either:

* * * * *

(B) Connected by a closed-vent system

that is vented to a control device. The

control device shall remove or destroy

organics in the vent stream, and shall be

operating whenever hazardous waste is

managed in the tank, except as provided

for in paragraphs (c)(2)(iii)(B) (1) and (2)

of this section.

(1) During periods when it is

necessary to provide access to the tank

for performing the activities of

paragraph (c)(2)(iii)(B)(2) of this section,

venting of the vapor headspace

underneath the fixed roof to the control

device is not required, opening of

closure devices is allowed, and removal

of the fixed roof is allowed. Following

completion of the activity, the owner or

operator shall promptly secure the

closure device in the closed position or

reinstall the cover, as applicable, and

resume operation of the control device.

(2) During periods of routine

inspection, maintenance, or other

activities needed for normal operations,

and for removal of accumulated sludge

or other residues from the bottom of the

tank.

* * * * *

(e) * * *

(4) Safety devices, as defined in 40

CFR 265.1081, may be installed and

operated as necessary on any tank

complying with the requirements of

paragraph (e) of this section.

(f) * * *

(3) * * *

(i) * * *

(D) * * *

(4) The total gap area shall be

calculated by adding the gap surface

areas determined for each identified gap

location for the primary seal and the

secondary seal individually, and then

dividing the sum for each seal type by

the nominal diameter of the tank. These

total gap areas for the primary seal and

secondary seal are then compared to the

respective standards for the seal type as

specified in paragraph (f)(1)(ii) of this

section.

* * * * *

(iii) Prior to each inspection required

by paragraph (f)(3)(i) or (f)(3)(ii) of this

section, the owner or operator shall

notify the Regional Administrator in

advance of each inspection to provide

the Regional Administrator with the

opportunity to have an observer present

during the inspection. The owner or

operator shall notify the Regional

Administrator of the date and location

of the inspection as follows:

* * * * *

(4) Safety devices, as defined in 40

CFR 265.1081, may be installed and

operated as necessary on any tank

complying with the requirements of

paragraph (f) of this section.

* * * * *

(j) * * *

(2) * * *

(iii) The hazardous waste meets the

requirements of § 264.1082(c)(4) of this

subpart.

* * * * *

15. Section 264.1085 is amended by

revising paragraphs (b)(2), (d)(1)(iii),

and (d)(2)(i)(B) and adding paragraph

(e)(2)(iii) to read as follows:

§ 264.1085 Standards: Surface

impoundments.

* * * * *

(b) * * *

(2) A cover that is vented through a

closed-vent system to a control device

in accordance with the provisions

specified in paragraph (d) of this

section.

* * * * *

(d) * * *

(1) * * *

(iii) The cover and its closure devices

shall be made of suitable materials that

will minimize exposure of the

hazardous waste to the atmosphere, to

the extent practical, and will maintain

the integrity of the cover and closure

devices throughout their intended

service life. Factors to be considered

when selecting the materials of

construction and designing the cover

and closure devices shall include:

Organic vapor permeability; the effects

of any contact with the liquid or its

vapors managed in the surface

impoundment; the effects of outdoor

exposure to wind, moisture, and

sunlight; and the operating practices

used for the surface impoundment on

which the cover is installed.

* * * * *

(2) * * *

(i) * * *

(B) To remove accumulated sludge or

other residues from the bottom of the

surface impoundment.

* * * * *

(e) * * *

(2) * * *

(iii) The hazardous waste meets the

requirements of § 264.1082(c)(4) of this

subpart.

* * * * *

16. Section 264.1086 is amended by

revising paragraphs (c)(2), (c)(4)(i),

(d)(2), (d)(4)(i), and paragraph (g)

introductory text to read as follows:

§ 264.1086 Standards: Containers.

* * * * *

(c) * * *

(2) A container used to meet the

requirements of paragraph (c)(1)(ii) or

(c)(1)(iii) of this section shall be

equipped with covers and closure

devices, as applicable to the container,

that are composed of suitable materials

to minimize exposure of the hazardous

waste to the atmosphere and to maintain

the equipment integrity, for as long as

the container is in service. Factors to be

considered in selecting the materials of

construction and designing the cover

and closure devices shall include:

Organic vapor permeability; the effects

of contact with the hazardous waste or

its vapor managed in the container; the

effects of outdoor exposure of the

closure device or cover material to

wind, moisture, and sunlight; and the

operating practices for which the

container is intended to be used.

* * * * *

(4) * * *

(i) In the case when a hazardous waste

already is in the container at the time

the owner or operator first accepts

possession of the container at the

facility and the container is not emptied

within 24 hours after the container is

accepted at the facility (i.e., does not

meet the conditions for an empty

container as specified in 40 CFR

261.7(b)), the owner or operator shall

visually inspect the container and its

cover and closure devices to check for

visible cracks, holes, gaps, or other open

spaces into the interior of the container

when the cover and closure devices are

secured in the closed position. The

container visual inspection shall be

conducted on or before the date that the
64660 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

container is accepted at the facility (i.e.,

the date the container becomes subject

to the subpart CC container standards).

For purposes of this requirement, the

date of acceptance is the date of

signature that the facility owner or

operator enters on Item 20 of the

Uniform Hazardous Waste Manifest in

the appendix to 40 CFR part 262 (EPA

Forms 8700–22 and 8700–22A), as

required under subpart E of this part, at

40 CFR 264.71. If a defect is detected,

the owner or operator shall repair the

defect in accordance with the

requirements of paragraph (c)(4)(iii) of

this section.

* * * * *

(d) * * *

(2) Transfer of hazardous waste in or

out of a container using Container Level

2 controls shall be conducted in such a

manner as to minimize exposure of the

hazardous waste to the atmosphere, to

the extent practical, considering the

physical properties of the hazardous

waste and good engineering and safety

practices for handling flammable,

ignitable, explosive, reactive, or other

hazardous materials. Examples of

container loading procedures that the

EPA considers to meet the requirements

of this paragraph include using any one

of the following: A submerged-fill pipe

or other submerged-fill method to load

liquids into the container; a vaporbalancing system or a vapor-recovery

system to collect and control the vapors

displaced from the container during

filling operations; or a fitted opening in

the top of a container through which the

hazardous waste is filled and

subsequently purging the transfer line

before removing it from the container

opening.

* * * * *

(4) * * *

(i) In the case when a hazardous waste

already is in the container at the time

the owner or operator first accepts

possession of the container at the

facility and the container is not emptied

within 24 hours after the container is

accepted at the facility (i.e., does not

meet the conditions for an empty

container as specified in 40 CFR

261.7(b)), the owner or operator shall

visually inspect the container and its

cover and closure devices to check for

visible cracks, holes, gaps, or other open

spaces into the interior of the container

when the cover and closure devices are

secured in the closed position. The

container visual inspection shall be

conducted on or before the date that the

container is accepted at the facility (i.e.,

the date the container becomes subject

to the subpart CC container standards).

For purposes of this requirement, the

date of acceptance is the date of

signature that the facility owner or

operator enters on Item 20 of the

Uniform Hazardous Waste Manifest in

the appendix to 40 CFR part 262 (EPA

Forms 8700–22 and 8700–22A), as

required under subpart E of this part, at

40 CFR 264.71. If a defect is detected,

the owner or operator shall repair the

defect in accordance with the

requirements of paragraph (d)(4)(iii) of

this section.

* * * * *

(g) To determine compliance with the

no detectable organic emissions

requirement of paragraph (d)(1)(ii) of

this section, the procedure specified in

§ 264.1083(d) of this subpart shall be

used.

* * * * *

17. Section 264.1087 is amended by

revising paragraphs (c)(3)(ii) and (c)(7)

to read as follows:

§ 264.1087 Standards: Closed-vent

systems and control devices.

* * * * *

(c) * * *

(3) * * *

(ii) All carbon that is a hazardous

waste and that is removed from the

control device shall be managed in

accordance with the requirements of 40

CFR 264.1033(n), regardless of the

average volatile organic concentration of

the carbon.

* * * * *

(7) The closed-vent system and

control device shall be inspected and

monitored by the owner or operator in

accordance with the procedures

specified in 40 CFR 264.1033(f)(2) and

40 CFR 264.1033(l). The readings from

each monitoring device required by 40

CFR 264.1033(f)(2) shall be inspected at

least once each operating day to check

control device operation. Any necessary

corrective measures shall be

immediately implemented to ensure the

control device is operated in

compliance with the requirements of

this section.

18. Section 264.1089 is amended by

revising paragraphs (a), (b)(1)(ii)(B), and

(f)(1) and adding paragraph (j) to read as

follows:

§ 264.1089 Recordkeeping requirements.

(a) Each owner or operator of a facility

subject to requirements of this subpart

shall record and maintain the

information specified in paragraphs (b)

through (j) of this section, as applicable

to the facility. Except for air emission

control equipment design

documentation and information

required by paragraphs (i) and (j) of this

section, records required by this section

shall be maintained in the operating

record for a minimum of 3 years. Air

emission control equipment design

documentation shall be maintained in

the operating record until the air

emission control equipment is replaced

or otherwise no longer in service.

Information required by paragraphs (i)

and (j) of this section shall be

maintained in the operating record for

as long as the waste management unit is

not using air emission controls specified

in §§ 264.1084 through 264.1087 of this

subpart in accordance with the

conditions specified in § 264.1080(d) or

§ 264.1080(b)(7) of this subpart,

respectively.

(b) * * *

(1) * * *

(ii) * * *

(B) For each defect detected during

the inspection: The location of the

defect, a description of the defect, the

date of detection, and corrective action

taken to repair the defect. In the event

that repair of the defect is delayed in

accordance with the requirements of

§ 264.1084 of this subpart, the owner or

operator shall also record the reason for

the delay and the date that completion

of repair of the defect is expected.

* * * * *

(f) * * *

(1) For tanks, surface impoundments,

and containers exempted under the

hazardous waste organic concentration

conditions specified in § 264.1082(c)(1)

or §§ 264.1082(c)(2)(i) through (c)(2)(vi)

of this subpart, the owner or operator

shall record the information used for

each waste determination (e.g., test

results, measurements, calculations, and

other documentation) in the facility

operating log. If analysis results for

waste samples are used for the waste

determination, then the owner or

operator shall record the date, time, and

location that each waste sample is

collected in accordance with applicable

requirements of § 264.1083 of this

subpart.

* * * * *

(j) For each hazardous waste

management unit not using air emission

controls specified in §§ 264.1084

through 264.1087 of this subpart in

accordance with the requirements of

§ 264.1080(b)(7) of this subpart, the

owner and operator shall record and

maintain the following information:

(1) Certification that the waste

management unit is equipped with and

operating air emission controls in

accordance with the requirements of an

applicable Clean Air Act regulation

codified under 40 CFR part 60, part 61,

or part 63.

(2) Identification of the specific

requirements codified under 40 CFR
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64661

part 60, part 61, or part 63 with which

the waste management unit is in

compliance.

PART 265—INTERIM STATUS

STANDARDS FOR OWNERS AND

OPERATORS OF HAZARDOUS WASTE

TREATMENT, STORAGE, AND

DISPOSAL FACILITIES

19. The authority citation for part 265

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924,

6925, and 6935.

Subpart B—General Facility Standards

20. Section 265.15 is amended by

revising paragraph (b)(4) to read as

follows:

§ 265.15 General inspection requirements.

* * * * *

(b) * * *

(4) The frequency of inspection may

vary for the items on the schedule.

However, the frequency should be based

on the rate of deterioration of the

equipment and the probability of an

environmental or human health

incident if the deterioration,

malfunction, or any operator error goes

undetected between inspections. Areas

subject to spills, such as loading and

unloading areas, must be inspected

daily when in use. At a minimum, the

inspection schedule must include the

items and frequencies called for in

§§ 265.174, 265.193, 265.195, 265.226,

265.260, 265.278, 265.304, 265.347,

265.377, 265.403, 265.1033, 265.1052,

265.1053, 265.1058, and 265.1084

through 265.1090 of this part, where

applicable.

* * * * *

Subpart E—Manifest System,

Recordkeeping, and Reporting

21. Section 265.73 is amended by

revising paragraph (b)(6), and leaving

the ‘‘COMMENT’’ at the end of the

paragraph, to read as follows:

§ 265.73 Operating record.

* * * * *

(b) * * *

(6) Monitoring, testing or analytical

data, and corrective action where

required by subpart F of this part and by

§§ 265.19, 265.90, 265.94, 265.191,

265.193, 265.195, 265.222, 265.223,

265.226, 265.255, 265.259, 265.260,

265.276, 265.278, 265.280(d)(1), 265.302

through 265.304, 265.347, 265.377,

265.1034(c) through 265.1034(f),

265.1035, 265.1063(d) through

265.1063(i), 265.1064, and 265.1083

through 265.1090 of this part.

* * * * *

Subpart AA—Air Emission Standards

for Process Vents

22. Section 265.1030 is amended by

revising paragraph (b)(3), leaving the

‘‘NOTE’’ at the end of paragrpah (b)(3),

and adding paragraph (d), to read as

follows:

§ 265.1030 Applicability.

* * * * *

(b) * * *

(3) A unit that is exempt from

permitting under the provisions of 40

CFR 262.34(a) (i.e., a ‘‘90-day’’ tank or

container) and is not a recycling unit

under the requirements of 40 CFR 261.6.

(d) The requirements of this subpart

do not apply to the process vents at a

facility where the facility owner or

operator certifies that all of the process

vents that would otherwise be subject to

this subpart are equipped with and

operating air emission controls in

accordance with the process vent

requirements of an applicable Clean Air

Act regulation codified under 40 CFR

part 60, part 61, or part 63. The

documentation of compliance under

regulations at 40 CFR part 60, part 61,

or part 63 shall be kept with, or made

readily available with, the facility

operating record.

23. Section 265.1033 is amended by

revising paragraphs (a)(2) and

(f)(2)(vi)(B) to read as follows:

§ 265.1033 Standards: Closed-vent

systems and control devices.

(a) * * *

(2)(i) The owner or operator of an

existing facility who cannot install a

closed-vent system and control device

to comply with the provisions of this

subpart on the effective date that the

facility becomes subject to the

requirements of this subpart must

prepare an implementation schedule

that includes dates by which the closedvent system and control device will be

installed and in operation. The controls

must be installed as soon as possible,

but the implementation schedule may

allow up to 30 months after the effective

date that the facility becomes subject to

this subpart for installation and startup.

(ii) Any unit that begins operation

after December 21, 1990, and is subject

to the requirements of this subpart when

operation begins, must comply with the

rules immediately (i.e., must have

control devices installed and operating

on startup of the affected unit); the 30-

month implementation schedule does

not apply.

(iii) The owner or operator of any

facility in existence on the effective date

of a statutory or EPA regulatory

amendment that renders the facility

subject to this subpart shall comply

with all requirements of this subpart as

soon as practicable but no later than 30

months after the amendment’s effective

date. When control equipment required

by this subpart can not be installed and

begin operation by the effective date of

the amendment, the facility owner or

operator shall prepare an

implementation schedule that includes

the following information: Specific

calendar dates for award of contracts or

issuance of purchase orders for the

control equipment, initiation of on-site

installation of the control equipment,

completion of the control equipment

installation, and performance of any

testing to demonstrate that the installed

equipment meets the applicable

standards of this subpart. The owner or

operator shall enter the implementation

schedule in the operating record or in a

permanent, readily available file located

at the facility.

(iv) Owners and operators of facilities

and units that become newly subject to

the requirements of this subpart after

December 8, 1997, due to an action

other than those described in paragraph

(a)(2)(iii) of this section must comply

with all applicable requirements

immediately (i.e., must have control

devices installed and operating on the

date the facility or unit becomes subject

to this subpart; the 30-month

implementation schedule does not

apply).

* * * * *

(f) * * *

(2) * * *

(vi) * * *

(B) A temperature monitoring device

equipped with a continuous recorder.

The device shall be capable of

monitoring temperature with an

accuracy of ±1 percent of the

temperature being monitored in degrees

Celsius (°C) or ±0.5 °C, whichever is

greater. The temperature sensor shall be

installed at a location in the exhaust

vent stream from the condenser exit

(i.e., product side).

* * * * *

Subpart BB—Air Emission Standards

for Equipment Leaks

24. Section 265.1050 is amended by

revising paragraphs (b)(3) and (e) to read

as follows:

§ 265.1050 Applicability.

* * * * *

(b) * * *

(3) A unit that is exempt from

permitting under the provisions of 40

CFR 262.34(a) (i.e., a ‘‘90-day’’ tank or
64662 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

container) and is not a recycling unit

under the provisions of 40 CFR 261.6.

* * * * *

(e) Equipment that contains or

contacts hazardous waste with an

organic concentration of at least 10

percent by weight for less than 300

hours per calendar year is excluded

from the requirements of §§ 265.1052

through 265.1060 of this subpart if it is

identified, as required in

§ 265.1064(g)(6) of this subpart.

* * * * *

25. Section 265.1060 is revised to read

as follows:

§ 265.1060 Standards: Closed-vent

systems and control devices.

(a) Owners and operators of closedvent systems and control devices subject

to this subpart shall comply with the

provisions of § 265.1033 of this part.

(b)(1) The owner or operator of an

existing facility who can not install a

closed-vent system and control device

to comply with the provisions of this

subpart on the effective date that the

facility becomes subject to the

provisions of this subpart must prepare

an implementation schedule that

includes dates by which the closed-vent

system and control device will be

installed and in operation. The controls

must be installed as soon as possible,

but the implementation schedule may

allow up to 30 months after the effective

date that the facility becomes subject to

this subpart for installation and startup.

(2) Any units that begin operation

after December 21, 1990, and are subject

to the provisions of this subpart when

operation begins, must comply with the

rules immediately (i.e., must have

control devices installed and operating

on startup of the affected unit); the 30-

month implementation schedule does

not apply.

(3) The owner or operator of any

facility in existence on the effective date

of a statutory or EPA regulatory

amendment that renders the facility

subject to this subpart shall comply

with all requirements of this subpart as

soon as practicable but no later than 30

months after the amendment’s effective

date. When control equipment required

by this subpart can not be installed and

begin operation by the effective date of

the amendment, the facility owner or

operator shall prepare an

implementation schedule that includes

the following information: Specific

calendar dates for award of contracts or

issuance of purchase orders for the

control equipment, initiation of on-site

installation of the control equipment,

completion of the control equipment

installation, and performance of any

testing to demonstrate that the installed

equipment meets the applicable

standards of this subpart. The owner or

operator shall enter the implementation

schedule in the operating record or in a

permanent, readily available file located

at the facility.

(4) Owners and operators of facilities

and units that become newly subject to

the requirements of this subpart after

December 8, 1997 due to an action other

than those described in paragraph (b)(3)

of this section must comply with all

applicable requirements immediately

(i.e., must have control devices installed

and operating on the date the facility or

unit becomes subject to this subpart; the

30-month implementation schedule

does not apply).

26. Section 265.1062 is amended by

revising paragraphs (b)(2) and (b)(3) to

read as follows:

§ 265.1062 Alternative standards for

valves in gas/vapor service or in light liquid

service: skip period leak detection and

repair.

* * * * *

(b) * * *

(2) After two consecutive quarterly

leak detection periods with the

percentage of valves leaking equal to or

less than 2 percent, an owner or

operator may begin to skip one of the

quarterly leak detection periods (i.e.,

monitor for leaks once every six

months) for the valves subject to the

requirements in § 265.1057 of this

subpart.

(3) After five consecutive quarterly

leak detection periods with the

percentage of valves leaking equal to or

less than 2 percent, an owner or

operator may begin to skip three of the

quarterly leak detection periods (i.e.,

monitor for leaks once every year) for

the valves subject to the requirements in

§ 265.1057 of this subpart.

* * * * *

27. Section 265.1064 is amended by

revising paragraphs (g)(6) and (m) to

read as follows:

§ 265.1064 Recordkeeping requirements.

* * * * *

(g) * * *

(6) Identification, either by list or

location (area or group) of equipment

that contains or contacts hazardous

waste with an organic concentration of

at least 10 percent by weight for less

than 300 hours per calendar year.

* * * * *

(m) The owner or operator of any

facility with equipment that is subject to

this subpart and to leak detection,

monitoring, and repair requirements

under regulations at 40 CFR part 60,

part 61, or part 63 may elect to

determine compliance with this subpart

either by documentation pursuant to

§ 265.1064 of this subpart, or by

documentation of compliance with the

regulations at 40 CFR part 60, part 61,

or part 63 pursuant to the relevant

provisions of the regulations at 40 part

60, part 61, or part 63. The

documentation of compliance under

regulation at 40 CFR part 60, part 61, or

part 63 shall be kept with or made

readily available with the facility

operating record.

Subpart CC—Air Emission Standards

for Tanks, Surface Impoundments, and

Containers

28. Section 265.1080 is amended by

revising paragraphs (b)(1) and the

introductory paragraph of (c) to read as

follows:

§ 265.1080 Applicability.

* * * * *

(b) * * *

(1) A waste management unit that

holds hazardous waste placed in the

unit before December 6, 1996, and in

which no hazardous waste is added to

the unit on or after December 6, 1996.

* * * * *

(c) For the owner and operator of a

facility subject to this subpart who has

received a final permit under RCRA

section 3005 prior to December 6, 1996,

the following requirements apply:

* * * * *

29. Section 265.1081 is amended by

revising the definition of ‘‘In light

material service’’ to read as follows:

§ 265.1081 Definitions.

* * * * *

In light material service means the

container is used to manage a material

for which both of the following

conditions apply: The vapor pressure of

one or more of the organic constituents

in the material is greater than 0.3

kilopascals (kPa) at 20 °C; and the total

concentration of the pure organic

constituents having a vapor pressure

greater than 0.3 kPa at 20 °C is equal to

or greater than 20 percent by weight.

* * * * *

30. Section 265.1082 is revised to read

as follows:

§ 265.1082 Schedule for implementation of

air emission standards.

(a) Owners or operators of facilities

existing on December 6, 1996 and

subject to subparts I, J, and K of this part

shall meet the following requirements:

(1) Install and begin operation of all

control equipment or waste

management units required to comply

with this subpart and complete

modifications of production or
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64663

treatment processes to satisfy exemption

criteria in accordance with § 265.1083(c)

of this subpart by December 6, 1996,

except as provided for in paragraph

(a)(2) of this section.

(2) When control equipment or waste

management units required to comply

with this subpart cannot be installed

and in operation or modifications of

production or treatment processes to

satisfy exemption criteria in accordance

with § 265.1083(c) of this subpart

cannot be completed by December 6,

1996, the owner or operator shall:

(i) Install and begin operation of the

control equipment and waste

management units, and complete

modifications of production or

treatment processes as soon as possible

but no later than December 8, 1997.

(ii) Prepare an implementation

schedule that includes the following

information: specific calendar dates for

award of contracts or issuance of

purchase orders for control equipment,

waste management units, and

production or treatment process

modifications; initiation of on-site

installation of control equipment or

waste management units, and

modifications of production or

treatment processes; completion of

control equipment or waste

management unit installation, and

production or treatment process

modifications; and performance of

testing to demonstrate that the installed

equipment or waste management units,

and modified production or treatment

processes meet the applicable standards

of this subpart.

(iii) For facilities subject to the

recordkeeping requirements of § 265.73

of this part, the owner or operator shall

enter the implementation schedule

specified in paragraph (a)(2)(ii) of this

section in the operating record no later

than December 6, 1996.

(iv) For facilities not subject to

§ 265.73 of this part, the owner or

operator shall enter the implementation

schedule specified in paragraph (a)(2)(ii)

of this section in a permanent, readily

available file located at the facility no

later than December 6, 1996.

(b) Owners or operators of facilities

and units in existence on the effective

date of a statutory or EPA regulatory

amendment that renders the facility

subject to subparts I, J, or K of this part

shall meet the following requirements:

(1) Install and begin operation of

control equipment or waste

management units required to comply

with this subpart, and complete

modifications of production or

treatment processes to satisfy exemption

criteria of § 265.1083(c) of this subpart

by the effective date of the amendment,

except as provided for in paragraph

(b)(2) of this section.

(2) When control equipment or waste

management units required to comply

with this subpart cannot be installed

and begin operation, or when

modifications of production or

treatment processes to satisfy exemption

criteria of § 265.1083(c) of this subpart

cannot be completed by the effective

date of the amendment, the owner or

operator shall:

(i) Install and begin operation of the

control equipment or waste

management unit, and complete

modification of production or treatment

processes as soon as possible but no

later than 30 months after the effective

date of the amendment.

(ii) For facilities subject to the

recordkeeping requirements of § 265.73

of this part, enter and maintain the

implementation schedule specified in

paragraph (a)(2)(ii) of this section in the

operating record no later than the

effective date of the amendment, or

(iii) For facilities not subject to

§ 265.73 of this part, the owner or

operator shall enter and maintain the

implementation schedule specified in

paragraph (a)(2)(ii) of this section in a

permanent, readily available file located

at the facility site no later than the

effective date of the amendment.

(c) Owners and operators of facilities

and units that become newly subject to

the requirements of this subpart after

December 8, 1997 due to an action other

than those described in paragraph (b) of

this section must comply with all

applicable requirements immediately

(i.e., must have control devices installed

and operating on the date the facility or

unit becomes subject to this subpart; the

30-month implementation schedule

does not apply).

(d) The Regional Administrator may

elect to extend the implementation date

for control equipment at a facility, on a

case by case basis, to a date later than

December 8, 1997, when special

circumstances that are beyond the

facility owner’s or operator’s control

delay installation or operation of control

equipment, and the owner or operator

has made all reasonable and prudent

attempts to comply with the

requirements of this subpart.

31. Section 265.1083 is amended by

revising paragraphs (b), (c)(2)(i),

(c)(2)(ix)(A), (c)(2)(ix)(B), (c)(3), and

(c)(4)(ii) to read as follows:

§ 265.1083 Standards: General.

* * * * *

(b) The owner or operator shall

control air pollutant emissions from

each hazardous waste management unit

in accordance with standards specified

in §§ 265.1085 through 265.1088 of this

subpart, as applicable to the hazardous

waste management unit, except as

provided for in paragraph (c) of this

section.

(c) * * *

(2) * * *

(i) A process that removes or destroys

the organics contained in the hazardous

waste to a level such that the average

VO concentration of the hazardous

waste at the point of waste treatment is

less than the exit concentration limit

(Ct) established for the process. The

average VO concentration of the

hazardous waste at the point of waste

treatment and the exit concentration

limit for the process shall be determined

using the procedures specified in

§ 265.1084(b) of this subpart.

* * * * *

(ix) * * *

(A) If Method 25D in 40 CFR part 60,

appendix A is used for the analysis,

one-half the blank value determined in

the method at section 4.4 of Method 25D

in 40 CFR part 60, appendix A, or a

value of 25 ppmw, whichever is less.

(B) If any other analytical method is

used, one-half the sum of the limits of

detection established for each organic

constituent in the waste that has a

Henry’s law constant value at least 0.1

mole-fraction-in-the-gas-phase/molefraction-in-the-liquid-phase (0.1 Y/X)

[which can also be expressed as 1.8 x

10¥6 atmospheres/gram-mole/m3] at 25

degrees Celsius.

(3) A tank or surface impoundment

used for biological treatment of

hazardous waste in accordance with the

requirements of paragraph (c)(2)(iv) of

this section.

(4) * * *

(ii) The organic hazardous

constituents in the waste have been

treated by the treatment technology

established by the EPA for the waste in

40 CFR 268.42(a), or have been removed

or destroyed by an equivalent method of

treatment approved by EPA pursuant to

40 CFR 268.42(b).

* * * * *

32. Section 265.1084 is amended by

adding paragraphs (a)(3)(v) and (b)(3)(v)

and by revising paragraphs (a)(2),

(a)(3)(ii)(B), (a)(3)(iii) introductory text,

(a)(3)(iii)(A), (a)(3)(iii)(F) introductory

text, (a)(3)(iii)(G), (a)(3)(iii)(G)(1),

(a)(3)(iv), (a)(4)(iv), (b)(1), (b)(3)(ii)(B),

(b)(3)(iii) introductory text, (b)(3)(iii)(F)

introductory text, (b)(3)(iii)(G)

introductory text, (b)(3)(iv), (b)(8)(iii),

(b)(9)(iv), and (d)(5)(ii) to read as

follows:

§ 265.1084 Waste determination

procedures.

(a)* * *
64664 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

(2) For a waste determination that is

required by paragraph (a)(1) of this

section, the average VO concentration of

a hazardous waste at the point of waste

origination shall be determined using

either direct measurement as specified

in paragraph (a)(3) of this section or by

knowledge as specified in paragraph

(a)(4) of this section.

(3) * * *

(ii) * * *

(B) A sufficient number of samples,

but no less than four samples, shall be

collected and analyzed for a hazardous

waste determination. The average of the

four or more sample results constitutes

a waste determination for the waste

stream. One or more waste

determinations may be required to

represent the complete range of waste

compositions and quantities that occur

during the entire averaging period due

to normal variations in the operating

conditions for the source or process

generating the hazardous waste stream.

Examples of such normal variations are

seasonal variations in waste quantity or

fluctuations in ambient temperature.

* * * * *

(iii) Analysis. Each collected sample

shall be prepared and analyzed in

accordance with one or more of the

methods listed in paragraphs

(a)(3)(iii)(A) through (a)(3)(iii)(I) of this

section, including appropriate quality

assurance and quality control (QA/QC)

checks and use of target compounds for

calibration. If Method 25D in 40 CFR

part 60, appendix A is not used, then

one or more methods should be chosen

that are appropriate to ensure that the

waste determination accounts for and

reflects all organic compounds in the

waste with Henry’s law constant values

at least 0.1 mole-fraction-in-the-gasphase/mole-fraction-in-the-liquid-phase

(0.1 Y/X) [which can also be expressed

as 1.8 x 10¥6 atmospheres/gram-mole/

m3] at 25 degrees Celsius. Each of the

analytical methods listed in paragraphs

(a)(3)(iii)(B) through (a)(3)(iii)(G) of this

section has an associated list of

approved chemical compounds, for

which EPA considers the method

appropriate for measurement. If an

owner or operator uses Method 624,

625, 1624, or 1625 in 40 CFR part 136,

appendix A to analyze one or more

compounds that are not on that

method’s published list, the Alternative

Test Procedure contained in 40 CFR

136.4 and 136.5 must be followed. If an

owner or operator uses EPA Method

8260 or 8270 in ‘‘Test Methods for

Evaluating Solid Waste, Physical/

Chemical Methods,’’ EPA Publication

SW–846, (incorporated by reference—

refer to § 260.11(a) of this chapter) to

analyze one or more compounds that are

not on that method’s published list, the

procedures in paragraph (a)(3)(iii)(H) of

this section must be followed. At the

owner or operator’s discretion, the

concentration of each individual

chemical constituent measured in the

waste by a method other than Method

25D may be corrected to the

concentration had it been measured

using Method 25D by multiplying the

measured concentration by the

constituent-specific adjustment factor

(fm25D) as specified in paragraph

(a)(4)(iii) of this section. Constituentspecific adjustment factors (fm25D) can

be obtained by contacting the Waste and

Chemical Processes Group, Office of Air

Quality Planning and Standards,

Research Triangle Park, NC 27711.

(A) Method 25D in 40 CFR part 60,

appendix A.

* * * * *

(F) Method 8260 in ‘‘Test Methods for

Evaluating Solid Waste, Physical/

Chemical Methods,’’ EPA Publication

SW–846 (incorporated by reference—

refer to § 260.11(a) of this chapter).

Maintain a formal quality assurance

program consistent with the

requirements of Method 8260. The

quality assurance program shall include

the following elements:

* * * * *

(G) Method 8270 in ‘‘Test Methods for

Evaluating Solid Waste, Physical/

Chemical Methods,’’ EPA Publication

SW–846 (incorporated by reference—

refer to § 260.11(a) of this chapter).

Maintain a formal quality assurance

program consistent with the

requirements of Method 8270. The

quality assurance program shall include

the following elements:

(1) Documentation of site-specific

procedures to minimize the loss of

compounds due to volatilization,

biodegradation, reaction, or sorption

during the sample collection, storage,

preparation, introduction, and analysis

steps.

* * * * *

(iv) Calculations.

(A) The average VO concentration (C ̃ )

on a mass-weighted basis shall be

calculated by using the results for all

waste determinations conducted in

accordance with paragraphs (a)(3) (ii)

and (iii) of this section and the

following equation:

C

Q Q C

T

i i

i

= × × ( ) =

∑ 1

1

η

where:

C ̃ = Average VO concentration of the

hazardous waste at the point of

waste origination on a massweighted basis, ppmw.

i = Individual waste determination ‘‘i’’

of the hazardous waste.

n = Total number of waste

determinations of the hazardous

waste conducted for the averaging

period (not to exceed 1 year).

Qi = Mass quantity of hazardous waste

stream represented by Ci, kg/hr.

QT = Total mass quantity of hazardous

waste during the averaging period,

kg/hr.

Ci = Measured VO concentration of

waste determination ‘‘i’’ as

determined in accordance with the

requirements of paragraph (a)(3)(iii)

of this section (i.e. the average of

the four or more samples specified

in paragraph (a)(3)(ii)(B) of this

section), ppmw.

(B) For the purpose of determining Ci,

for individual waste samples analyzed

in accordance with paragraph (a)(3)(iii)

of this section, the owner or operator

shall account for VO concentrations

determined to be below the limit of

detection of the analytical method by

using the following VO concentration:

(1) If Method 25D in 40 CFR part 60,

Appendix A is used for the analysis,

one-half the blank value determined in

the method at section 4.4 of Method 25D

in 40 CFR part 60, appendix A.

(2) If any other analytical method is

used, one-half the sum of the limits of

detection established for each organic

constituent in the waste that has a

Henry’s law constant values at least 0.1

mole-fraction-in-the-gas-phase/molefraction-in-the-liquid-phase (0.1 Y/X)

[which can also be expressed as 1.8 x

10¥6 atmospheres/gram-mole/m3] at 25

degrees Celsius.

(v) Provided that the test method is

appropriate for the waste as required

under paragraph (a)(3)(iii) of this

section, the EPA will determine

compliance based on the test method

used by the owner or operator as

recorded pursuant to § 265.1090(f)(1) of

this subpart.
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64665

(4) * * *

(iv) In the event that the Regional

Administrator and the owner or

operator disagree on a determination of

the average VO concentration for a

hazardous waste stream using

knowledge, then the results from a

determination of average VO

concentration using direct measurement

as specified in paragraph (a)(3) of this

section shall be used to establish

compliance with the applicable

requirements of this subpart. The

Regional Administrator may perform or

request that the owner or operator

perform this determination using direct

measurement. The owner or operator

may choose one or more appropriate

methods to analyze each collected

sample in accordance with the

requirements of paragraph (a)(3)(iii) of

this section.

(b) * * *

(1) An owner or operator shall

perform the applicable waste

determination for each treated

hazardous waste placed in a waste

management unit exempted under the

provisions of § 265.1083 (c)(2)(i)

through (c)(2)(vi) of this subpart from

using air emission controls in

accordance with standards specified in

§§ 265.1085 through 265.1088 of this

subpart, as applicable to the waste

management unit.

* * * * *

(3) * * *

(ii) * * *

(B) A sufficient number of samples,

but no less than four samples, shall be

collected and analyzed for a hazardous

waste determination. The average of the

four or more sample results constitutes

a waste determination for the waste

stream. One or more waste

determinations may be required to

represent the complete range of waste

compositions and quantities that occur

during the entire averaging period due

to normal variations in the operating

conditions for the source or process

generating the hazardous waste stream.

Examples of such normal variations are

seasonal variations in waste quantity or

fluctuations in ambient temperature.

* * * * *

(iii) Analysis. Each collected sample

shall be prepared and analyzed in

accordance with one or more of the

methods listed in paragraphs

(b)(3)(iii)(A) through (b)(3)(iii)(I) of this

section, including appropriate quality

assurance and quality control (QA/QC)

checks and use of target compounds for

calibration. When the owner or operator

is making a waste determination for a

treated hazardous waste that is to be

compared to an average VO

concentration at the point of waste

origination or the point of waste entry

to the treatment system, to determine if

the conditions of § 264.1082(c)(2)(i)

through (c)(2)(vi) of this part, or

§ 265.1083(c)(2)(i) through (c)(2)(vi) of

this subpart are met, then the waste

samples shall be prepared and analyzed

using the same method or methods as

were used in making the initial waste

determinations at the point of waste

origination or at the point of entry to the

treatment system. If Method 25D in 40

CFR part 60, appendix A is not used,

then one or more methods should be

chosen that are appropriate to ensure

that the waste determination accounts

for and reflects all organic compounds

in the waste with Henry’s law constant

values at least 0.1 mole-fraction-in-thegas-phase/mole-fraction-in-the-liquidphase (0.1 Y/X) [which can also be

expressed as 1.8 x 10–6 atmospheres/

gram-mole/m3] at 25 degrees Celsius.

Each of the analytical methods listed in

paragraphs (b)(3)(iii)(B) through

(b)(3)(iii)(G) of this section has an

associated list of approved chemical

compounds, for which EPA considers

the method appropriate for

measurement. If an owner or operator

uses Method 624, 625, 1624, or 1625 in

40 CFR part 136, appendix A to analyze

one or more compounds that are not on

that method’s published list, the

Alternative Test Procedure contained in

40 CFR 136.4 and 136.5 must be

followed. If an owner or operator uses

Method 8260 or 8270 in ‘‘Test Methods

for Evaluating Solid Waste, Physical/

Chemical Methods,’’ EPA Publication

SW–846, (incorporated by reference—

refer to § 260.11(a) of this chapter) to

analyze one or more compounds that are

not on that method’s published list, the

procedures in paragraph (b)(3)(iii)(H) of

this section must be followed. At the

owner or operator’s discretion, the

concentration of each individual

chemical constituent measured in the

waste by a method other than Method

25D may be corrected to the

concentration had it been measured

using Method 25D by multiplying the

measured concentration by the

constituent-specific adjustment factor

(fm25D) as specified in paragraph

(b)(4)(iii) of this section. Constituentspecific adjustment factors (fm25D) can

be obtained by contacting the Waste and

Chemical Processes Group, Office of Air

Quality Planning and Standards,

Research Triangle Park, NC 27711.

* * * * *

(F) Method 8260 in ‘‘Test Methods for

Evaluating Solid Waste, Physical/

Chemical Methods,’’ EPA Publication

SW–846 (incorporated by reference—

refer to § 260.11(a) of this chapter).

Maintain a formal quality assurance

program consistent with the

requirements of Method 8260. The

quality assurance program shall include

the following elements:

* * * * *

(G) Method 8270 in ‘‘Test Methods for

Evaluating Solid Waste, Physical/

Chemical Methods,’’ EPA Publication

SW–846 (incorporated by reference—

refer to § 260.11(a) of this chapter).

Maintain a formal quality assurance

program consistent with the

requirements of Method 8270. The

quality assurance program shall include

the following elements:

* * * * *

(iv) Calculations. The average VO

concentration (C ̄ ) on a mass-weighted

basis shall be calculated by using the

results for all waste determinations

conducted in accordance with

paragraphs (b)(3)(ii) and (iii) of this

section and the following equation:

C

Q Q C

T

i i

i

= × × ( ) =

∑ 1

1

η

where:

C ̄ =Average VO concentration of the

hazardous waste at the point of

waste treatment on a mass-weighted

basis, ppmw.

i=Individual waste determination ‘‘i’’ of

the hazardous waste.

n=Total number of waste

determinations of the hazardous

waste conducted for the averaging

period (not to exceed 1 year).

Qi=Mass quantity of hazardous waste

stream represented by Ci, kg/hr.

QT=Total mass quantity of hazardous

waste during the averaging period,

kg/hr.

Ci=Measured VO concentration of waste

determination ‘‘i’’ as determined in

accordance with the requirements

of paragraph (b)(3)(iii) of this
64666 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

section (i.e. the average of the four

or more samples specified in

paragraph (b)(3)(ii)(B) of this

section), ppmw.

(v) Provided that the test method is

appropriate for the waste as required

under paragraph (b)(3)(iii) of this

section, compliance shall be determined

based on the test method used by the

owner or operator as recorded pursuant

to § 265.1090(f)(1) of this subpart.

* * * * *

(8) * * *

(iii) The MR shall be calculated by

using the mass flow rate determined in

accordance with the requirements of

paragraph (b)(8)(ii) of this section and

the following equation:

MR=Eb¥Ea

Where:

MR=Actual organic mass removal rate,

kg/hr.

Eb=Waste volatile organic mass flow

entering process as determined in

accordance with the requirements

of paragraph (b)(5)(iv) of this

section, kg/hr.

Ea=Waste volatile organic mass flow

exiting process as determined in

accordance with the requirements

of paragraph (b)(5)(iv) of this

section, kg/hr.

* * * * *

(9) * * *

(iv) The MRbio shall be calculated by

using the mass flow rates and fraction

of organic biodegraded determined in

accordance with the requirements of

paragraphs (b)(9)(ii) and (b)(9)(iii) of this

section, respectively, and the following

equation:

MRbio=Eb×Fbio

Where:

MRbio=Actual organic mass

biodegradation rate, kg/hr.

Eb=Waste organic mass flow entering

process as determined in

accordance with the requirements

of paragraph (b)(5)(iv) of this

section, kg/hr.

Fbio=Fraction of organic biodegraded as

determined in accordance with the

requirements of paragraph (b)(9)(iii)

of this section.

* * * * *

(d) * * *

(5) * * *

(ii) A mixture of methane or n-hexane

and air at a concentration of

approximately, but less than, 10,000

ppmv methane or n-hexane.

* * * * *

33. Section 265.1085 is amended by

revising the introductory text of

paragraph (c)(2)(iii), revising

(c)(2)(iii)(B), adding paragraph (e)(4),

revising paragraph (f)(3)(i)(D)(4), adding

paragraph (f)(4), and adding paragraph

(j)(2)(iii) to read as follows:

§ 265.1085 Standards: Tanks.

* * * * *

(c) * * *

(2) * * *

(iii) Each opening in the fixed roof,

and any manifold system associated

with the fixed roof, shall be either:

* * * * *

(B) Connected by a closed-vent system

that is vented to a control device. The

control device shall remove or destroy

organics in the vent stream, and shall be

operating whenever hazardous waste is

managed in the tank, except as provided

for in paragraphs (c)(2)(iii)(B)(1) and (2)

of this section.

(1) During periods it is necessary to

provide access to the tank for

performing the activities of paragraph

(c)(2)(iii)(B)(2) of this section, venting of

the vapor headspace underneath the

fixed roof to the control device is not

required, opening of closure devices is

allowed, and removal of the fixed roof

is allowed. Following completion of the

activity, the owner or operator shall

promptly secure the closure device in

the closed position or reinstall the

cover, as applicable, and resume

operation of the control device.

(2) During periods of routine

inspection, maintenance, or other

activities needed for normal operations,

and for the removal of accumulated

sludge or other residues from the bottom

of the tank.

* * * * *

(e) * * *

(4) Safety devices, as defined in

§ 265.1081 of this subpart, may be

installed and operated as necessary on

any tank complying with the

requirements of paragraph (e) of this

section.

(f) * * *

(3) * * *

(i) * * *

(D) * * *

(4) The total gap area shall be

calculated by adding the gap surface

areas determined for each identified gap

location for the primary seal and the

secondary seal individually, and then

dividing the sum for each seal type by

the nominal diameter of the tank. These

total gap areas for the primary seal and

secondary seal are then compared to the

respective standards for the seal type as

specified in paragraph (f)(1)(ii) of this

section.

* * * * *

(4) Safety devices, as defined in 40

CFR 265.1081, may be installed and

operated as necessary on any tank

complying with the requirements of

paragraph (f) of this section.

* * * * *

(j) * * *

(2) * * *

(iii) The hazardous waste meets the

requirements of § 265.1083(c)(4) of this

subpart.

* * * * *

34. Section 265.1086 is amended by

revising paragraphs (b)(2), (d)(1)(iii),

and (d)(2)(i)(B) and adding paragraph

(e)(2)(iii) to read as follows:

§ 265.1086 Standards: Surface

impoundments.

* * * * *

(b) * * *

(2) A cover that is vented through a

closed-vent system to a control device

in accordance with the requirements

specified in paragraph (d) of this

section.

* * * * *

(d) * * *

(1) * * *

(iii) The cover and its closure devices

shall be made of suitable materials that

will minimize exposure of the

hazardous waste to the atmosphere, to

the extent practical, and will maintain

the integrity of the cover and closure

devices throughout their intended

service life. Factors to be considered

when selecting the materials of

construction and designing the cover

and closure devices shall include:

Organic vapor permeability; the effects

of any contact with the liquid or its

vapors managed in the surface

impoundment; the effects of outdoor

exposure to wind, moisture, and

sunlight; and the operating practices

used for the surface impoundment on

which the cover is installed.

* * * * *

(2) * * *

(i) * * *

(B) To remove accumulated sludge or

other residues from the bottom of the

surface impoundment.

* * * * *

(e) * * *

(2) * * *

(iii) The hazardous waste meets the

requirements of § 265.1083(c)(4) of this

subpart.

* * * * *

35. Section 265.1087 is amended by

revising paragraphs (c)(4)(i), (d)(4)(i),

and the introductory text of paragraph

(g) to read as follows:

§ 265.1087 Standards: Containers.

* * * * *

(c) * * *

(4) * * *

(i) In the case when a hazardous waste

already is in the container at the time
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64667

the owner or operator first accepts

possession of the container at the

facility and the container is not emptied

within 24 hours after the container is

accepted at the facility (i.e., does not

meet the conditions for an empty

container as specified in 40 CFR

261.7(b)), the owner or operator shall

visually inspect the container and its

cover and closure devices to check for

visible cracks, holes, gaps, or other open

spaces into the interior of the container

when the cover and closure devices are

secured in the closed position. The

container visual inspection shall be

conducted on or before the date that the

container is accepted at the facility (i.e.,

the date the container becomes subject

to the subpart CC container standards).

For purposes of this requirement, the

date of acceptance is the date of

signature that the facility owner or

operator enters on Item 20 of the

Uniform Hazardous Waste Manifest in

the appendix to 40 CFR part 262 (EPA

Forms 8700–22 and 8700–22A), as

required under subpart E of this part, at

40 CFR 265.71. If a defect is detected,

the owner or operator shall repair the

defect in accordance with the

requirements of paragraph (c)(4)(iii) of

this section.

* * * * *

(d) * * *

(4) * * *

(i) In the case when a hazardous waste

already is in the container at the time

the owner or operator first accepts

possession of the container at the

facility and the container is not emptied

within 24 hours after the container is

accepted at the facility (i.e., does not

meet the conditions for an empty

container as specified in 40 CFR

261.7(b)), the owner or operator shall

visually inspect the container and its

cover and closure devices to check for

visible cracks, holes, gaps, or other open

spaces into the interior of the container

when the cover and closure devices are

secured in the closed position. The

container visual inspection shall be

conducted on or before the date that the

container is accepted at the facility (i.e.,

the date the container becomes subject

to the subpart CC container standards).

For purposes of this requirement, the

date of acceptance is the date of

signature that the facility owner or

operator enters on Item 20 of the

Uniform Hazardous Waste Manifest in

the appendix to 40 CFR part 262 (EPA

Forms 8700–22 and 8700–22A), as

required under subpart E of this part, at

§ 265.71. If a defect is detected, the

owner or operator shall repair the defect

in accordance with the requirements of

paragraph (d)(4)(iii) of this section.

* * * * *

(g) To determine compliance with the

no detectable organic emissions

requirements of paragraph (d)(1)(ii) of

this section, the procedure specified in

§ 265.1084(d) of this subpart shall be

used.

* * * * *

36. Section 265.1088 is amended by

revising paragraphs (c)(3)(ii) and (c)(7)

to read as follows:

§ 265.1088 Standards: Closed-vent

systems and control devices.

* * * * *

(c) * * *

(3) * * *

(ii) All carbon that is a hazardous

waste and that is removed from the

control device shall be managed in

accordance with the requirements of 40

CFR 265.1033(m), regardless of the

average volatile organic concentration of

the carbon.

* * * * *

(7) The closed-vent system and

control device shall be inspected and

monitored by the owner or operator in

accordance with the procedures

specified in 40 CFR 265.1033(f)(2) and

40 CFR 265.1033(k). The readings from

each monitoring device required by 40

CFR 265.1033(f)(2) shall be inspected at

least once each operating day to check

control device operation. Any necessary

corrective measures shall be

immediately implemented to ensure the

control device is operated in

compliance with the requirements of

this section.

37. Section 265.1090 is amended by

revising paragraphs (a), (b)(1)(ii)(B), and

(f)(1) and adding paragraph (j) to read as

follows:

§ 265.1090 Recordkeeping requirements.

(a) Each owner or operator of a facility

subject to requirements in this subpart

shall record and maintain the

information specified in paragraphs (b)

through (j) of this section, as applicable

to the facility. Except for air emission

control equipment design

documentation and information

required by paragraphs (i) and (j) of this

section, records required by this section

shall be maintained in the operating

record for a minimum of 3 years. Air

emission control equipment design

documentation shall be maintained in

the operating record until the air

emission control equipment is replaced

or otherwise no longer in service.

Information required by paragraphs (i)

and (j) of this section shall be

maintained in the operating record for

as long as the waste management unit is

not using air emission controls specified

in §§ 265.1085 through 265.1088 of this

subpart in accordance with the

conditions specified in § 265.1080(d) or

§ 265.1080(b)(7) of this subpart,

respectively.

(b) * * *

(1) * * *

(ii) * * *

(B) For each defect detected during

the inspection: The location of the

defect, a description of the defect, the

date of detection, and corrective action

taken to repair the defect. In the event

that repair of the defect is delayed in

accordance with the provisions of

§ 265.1085 of this subpart, the owner or

operator shall also record the reason for

the delay and the date that completion

of repair of the defect is expected.

* * * * *

(f) * * *

(1) For tanks, surface impoundments,

or containers exempted under the

hazardous waste organic concentration

conditions specified in § 265.1083(c)(1)

or § 265.1084(c)(2)(i) through (c)(2)(vi)

of this subpart, the owner or operator

shall record the information used for

each waste determination (e.g., test

results, measurements, calculations, and

other documentation) in the facility

operating log. If analysis results for

waste samples are used for the waste

determination, then the owner or

operator shall record the date, time, and

location that each waste sample is

collected in accordance with applicable

requirements of § 265.1084 of this

subpart.

* * * * *

(j) For each hazardous waste

management unit not using air emission

controls specified in §§ 265.1085

through 265.1088 of this subpart in

accordance with the provisions of

§ 265.1080(b)(7) of this subpart, the

owner and operator shall record and

maintain the following information:

(1) Certification that the waste

management unit is equipped with and

operating air emission controls in

accordance with the requirements of an

applicable Clean Air Act regulation

codified under 40 CFR part 60, part 61,

or part 63.

(2) Identification of the specific

requirements codified under 40 CFR

part 60, part 61, or part 63 with which

the waste management unit is in

compliance.

* * * * *

38. Part 265, Appendix VI is revised

to read as follows:
64668 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

Appendix VI to Part 265—Compounds With Henry’s Law Constant Less Than 0.1 Y/X

Compound name CAS No.

Acetaldol .................................................................................................................................................................................................. 107–89–1

Acetamide ................................................................................................................................................................................................ 60–35–5

2-Acetylaminofluorene ............................................................................................................................................................................. 53–96–3

3-Acetyl-5-hydroxypiperidine.

3-Acetylpiperidine ..................................................................................................................................................................................... 618–42–8

1-Acetyl-2-thiourea ................................................................................................................................................................................... 591–08–2

Acrylamide ............................................................................................................................................................................................... 79–06–1

Acrylic acid ............................................................................................................................................................................................... 79–10–7

Adenine .................................................................................................................................................................................................... 73–24–5

Adipic acid ............................................................................................................................................................................................... 124–04–9

Adiponitrile ............................................................................................................................................................................................... 111–69–3

Alachlor .................................................................................................................................................................................................... 15972–60–8

Aldicarb .................................................................................................................................................................................................... 116–06–3

Ametryn .................................................................................................................................................................................................... 834–12–8

4-Aminobiphenyl ...................................................................................................................................................................................... 92–67–1

4-Aminopyridine ....................................................................................................................................................................................... 504–24–5

Aniline ...................................................................................................................................................................................................... 62–53–3

o-Anisidine ............................................................................................................................................................................................... 90–04–0

Anthraquinone .......................................................................................................................................................................................... 84–65–1

Atrazine .................................................................................................................................................................................................... 1912–24–9

Benzenearsonic acid ................................................................................................................................................................................ 98–05–5

Benzenesulfonic acid ............................................................................................................................................................................... 98–11–3

Benzidine ................................................................................................................................................................................................. 92–87–5

Benzo(a)anthracene ................................................................................................................................................................................ 56–55–3

Benzo(k)fluoranthene ............................................................................................................................................................................... 207–08–9

Benzoic acid ............................................................................................................................................................................................ 65–85–0

Benzo(g,h,i)perylene ................................................................................................................................................................................ 191–24–2

Benzo(a)pyrene ....................................................................................................................................................................................... 50–32–8

Benzyl alcohol .......................................................................................................................................................................................... 100–51–6

gamma-BHC ............................................................................................................................................................................................ 58–89–9

Bis(2-ethylhexyl)phthalate ........................................................................................................................................................................ 117–81–7

Bromochloromethyl acetate.

Bromoxynil ............................................................................................................................................................................................... 1689–84–5

Butyric acid .............................................................................................................................................................................................. 107–92–6

Caprolactam (hexahydro-2H-azepin-2-one) ............................................................................................................................................ 105–60–2

Catechol (o-dihydroxybenzene) ............................................................................................................................................................... 120–80–9

Cellulose .................................................................................................................................................................................................. 9004–34–6

Cell wall.

Chlorhydrin (3-Chloro-1,2-propanediol) ................................................................................................................................................... 96–24–2

Chloroacetic acid ..................................................................................................................................................................................... 79–11–8

2-Chloroacetophenone ............................................................................................................................................................................ 93–76–5

p-Chloroaniline ......................................................................................................................................................................................... 106–47–8

p-Chlorobenzophenone ........................................................................................................................................................................... 134–85–0

Chlorobenzilate ........................................................................................................................................................................................ 510–15–6

p-Chloro-m-cresol (6-chloro-m-cresol) ..................................................................................................................................................... 59–50–7

3-Chloro-2,5-diketopyrrolidine.

Chloro-1,2-ethane diol.

4-Chlorophenol ........................................................................................................................................................................................ 106–48–9

Chlorophenol polymers (2-chlorophenol & 4-chlorophenol) .................................................................................................................... 95–57–8 &

106–48–9

1-(o-Chlorophenyl)thiourea ...................................................................................................................................................................... 5344–82–1

Chrysene .................................................................................................................................................................................................. 218–01–9

Citric acid ................................................................................................................................................................................................. 77–92–9

Creosote .................................................................................................................................................................................................. 8001–58–9

m-Cresol .................................................................................................................................................................................................. 108–39–4

o-Cresol ................................................................................................................................................................................................... 95–48–7

p-Cresol ................................................................................................................................................................................................... 106–44–5

Cresol (mixed isomers) ............................................................................................................................................................................ 1319–77–3

4-Cumylphenol ......................................................................................................................................................................................... 27576–86

Cyanide .................................................................................................................................................................................................... 57–12–5

4-Cyanomethyl benzoate.

Diazinon ................................................................................................................................................................................................... 333–41–5

Dibenzo(a,h)anthracene ........................................................................................................................................................................... 53–70–3

Dibutylphthalate ....................................................................................................................................................................................... 84–74–2

2,5-Dichloroaniline (N,N’-dichloroaniline) ................................................................................................................................................. 95–82–9

2,6-Dichlorobenzonitrile11 ....................................................................................................................................................................... 1194–65–6

2,6-Dichloro-4-nitroaniline ........................................................................................................................................................................ 99–30–9

2,5-Dichlorophenol ................................................................................................................................................................................... 333–41–5

3,4-Dichlorotetrahydrofuran ..................................................................................................................................................................... 3511–19

Dichlorvos (DDVP) ................................................................................................................................................................................... 62737

Diethanolamine ........................................................................................................................................................................................ 111–42–2

N,N-Diethylaniline .................................................................................................................................................................................... 91–66–7
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64669

Compound name CAS No.

Diethylene glycol ...................................................................................................................................................................................... 111–46–6

Diethylene glycol dimethyl ether (dimethyl Carbitol) ............................................................................................................................... 111–96–6

Diethylene glycol monobutyl ether (butyl Carbitol) .................................................................................................................................. 112–34–5

Diethylene glycol monoethyl ether acetate (Carbitol acetate) ................................................................................................................. 112–15–2

Diethylene glycol monoethyl ether (Carbitol Cellosolve) ......................................................................................................................... 111–90–0

Diethylene glycol monomethyl ether (methyl Carbitol) ............................................................................................................................ 111–77–3

N,N’-Diethylhydrazine .............................................................................................................................................................................. 1615–80–1

Diethyl (4-methylumbelliferyl) thionophosphate ....................................................................................................................................... 299–45–6

Diethyl phosphorothioate ......................................................................................................................................................................... 126–75–0

N,N’-Diethylpropionamide ........................................................................................................................................................................ 15299–99–7

Dimethoate ............................................................................................................................................................................................... 60–51–5

2,3-Dimethoxystrychnidin-10-one ............................................................................................................................................................ 357–57–3

4-Dimethylaminoazobenzene ................................................................................................................................................................... 60–11–7

7,12-Dimethylbenz(a)anthracene ............................................................................................................................................................. 57–97–6

3,3-Dimethylbenzidine .............................................................................................................................................................................. 119–93–7

Dimethylcarbamoyl chloride ..................................................................................................................................................................... 79–44–7

Dimethyldisulfide ...................................................................................................................................................................................... 624–92–0

Dimethylformamide .................................................................................................................................................................................. 68–12–2

1,1-Dimethylhydrazine ............................................................................................................................................................................. 57–14–7

Dimethylphthalate .................................................................................................................................................................................... 131–11–3

Dimethylsulfone ....................................................................................................................................................................................... 67–71–0

Dimethylsulfoxide ..................................................................................................................................................................................... 67–68–5

4,6-Dinitro-o-cresol ................................................................................................................................................................................... 534–52–1

1,2-Diphenylhydrazine ............................................................................................................................................................................. 122–66–7

Dipropylene glycol (1,1’-oxydi-2-propanol) .............................................................................................................................................. 110–98–5

Endrin ....................................................................................................................................................................................................... 72–20–8

Epinephrine .............................................................................................................................................................................................. 51–43–4

mono-Ethanolamine ................................................................................................................................................................................. 141–43–5

Ethyl carbamate (urethane) ..................................................................................................................................................................... 5–17–96

Ethylene glycol ......................................................................................................................................................................................... 107–21–1

Ethylene glycol monobutyl ether (butyl Cellosolve) ................................................................................................................................. 111–76–2

Ethylene glycol monoethyl ether (Cellosolve) ......................................................................................................................................... 110–80–5

Ethylene glycol monoethyl ether acetate (Cellosolve acetate) ............................................................................................................... 111–15–9

Ethylene glycol monomethyl ether (methyl Cellosolve) ........................................................................................................................... 109–86–4

Ethylene glycol monophenyl ether (phenyl Cellosolve) ........................................................................................................................... 122–99–6

Ethylene glycol monopropyl ether (propyl Cellosolve) ............................................................................................................................ 2807–30–9

Ethylene thiourea (2-imidazolidinethione) ................................................................................................................................................ 9–64–57

4-Ethylmorpholine .................................................................................................................................................................................... 100–74–3

3-Ethylphenol ........................................................................................................................................................................................... 620–17–7

Fluoroacetic acid, sodium salt ................................................................................................................................................................. 62–74–8

Formaldehyde .......................................................................................................................................................................................... 50–00–0

Formamide ............................................................................................................................................................................................... 75–12–7

Formic acid .............................................................................................................................................................................................. 64–18–6

Fumaric acid ............................................................................................................................................................................................ 110–17–8

Glutaric acid ............................................................................................................................................................................................. 110–94–1

Glycerin (Glycerol) ................................................................................................................................................................................... 56–81–5

Glycidol .................................................................................................................................................................................................... 556–52–5

Glycinamide ............................................................................................................................................................................................. 598–41–4

Glyphosate ............................................................................................................................................................................................... 1071–83–6

Guthion .................................................................................................................................................................................................... 86–50–0

Hexamethylene-1,6-diisocyanate (1,6-diisocyanatohexane) ................................................................................................................... 822–06–0

Hexamethyl phosphoramide .................................................................................................................................................................... 680–31–9

Hexanoic acid .......................................................................................................................................................................................... 142–62–1

Hydrazine ................................................................................................................................................................................................. 302–01–2

Hydrocyanic acid ...................................................................................................................................................................................... 74–90–8

Hydroquinone ........................................................................................................................................................................................... 123–31–9

Hydroxy-2-propionitrile (hydracrylonitrile) ................................................................................................................................................ 109–78–4

Indeno (1,2,3-cd) pyrene ......................................................................................................................................................................... 193–39–5

Lead acetate ............................................................................................................................................................................................ 301–04–2

Lead subacetate (lead acetate, monobasic) ........................................................................................................................................... 1335–32–6

Leucine .................................................................................................................................................................................................... 61–90–5

Malathion ................................................................................................................................................................................................. 121–75–5

Maleic acid ............................................................................................................................................................................................... 110–16–7

Maleic anhydride ...................................................................................................................................................................................... 108–31–6

Mesityl oxide ............................................................................................................................................................................................ 141–79–7

Methane sulfonic acid .............................................................................................................................................................................. 75–75–2

Methomyl ................................................................................................................................................................................................. 16752–77–5

p-Methoxyphenol ..................................................................................................................................................................................... 150–76–5

Methyl acrylate ......................................................................................................................................................................................... 96–33–3

4,4’-Methylene-bis-(2-chloroaniline) ......................................................................................................................................................... 101–14–4

4,4’-Methylenediphenyl diisocyanate (diphenyl methane diisocyanate) .................................................................................................. 101–68–8

4,4’-Methylenedianiline ............................................................................................................................................................................ 101–77–9

Methylene diphenylamine (MDA).

5-Methylfurfural ........................................................................................................................................................................................ 620–02–0
64670 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

Compound name CAS No.

Methylhydrazine ....................................................................................................................................................................................... 60–34–4

Methyliminoacetic acid.

Methyl methane sulfonate ....................................................................................................................................................................... 66–27–3

1-Methyl-2-methoxyaziridine.

Methylparathion ....................................................................................................................................................................................... 298–00–0

Methyl sulfuric acid (sulfuric acid, dimethyl ester) ................................................................................................................................... 77–78–1

4-Methylthiophenol ................................................................................................................................................................................... 106–45–6

Monomethylformamide (N-methylformamide) .......................................................................................................................................... 123–39–7

Nabam ..................................................................................................................................................................................................... 142–59–6

alpha-Naphthol ......................................................................................................................................................................................... 90–15–3

beta-Naphthol .......................................................................................................................................................................................... 135–19–3

alpha-Naphthylamine ............................................................................................................................................................................... 134–32–7

beta-Naphthylamine ................................................................................................................................................................................. 91–59–8

Neopentyl glycol (dimethylolpropane) ...................................................................................................................................................... 126–30–7

Niacinamide ............................................................................................................................................................................................. 98–92–0

o-Nitroaniline ............................................................................................................................................................................................ 88–74–4

Nitroglycerin ............................................................................................................................................................................................. 55–63–0

2-Nitrophenol ........................................................................................................................................................................................... 88–75–5

4-Nitrophenol ........................................................................................................................................................................................... 100–02–7

N-Nitrosodimethylamine ........................................................................................................................................................................... 62–75–9

Nitrosoguanidine ...................................................................................................................................................................................... 674–81–7

N-Nitroso-n-methylurea ............................................................................................................................................................................ 684–93–5

N-Nitrosomorpholine (4-nitrosomorpholine) ............................................................................................................................................. 59–89–2

Oxalic acid ............................................................................................................................................................................................... 144–62–7

Parathion .................................................................................................................................................................................................. 56–38–2

Pentaerythritol .......................................................................................................................................................................................... 115–77–5

Phenacetin ............................................................................................................................................................................................... 62–44–2

Phenol ...................................................................................................................................................................................................... 108–95–2

Phenylacetic acid ..................................................................................................................................................................................... 103–82–2

m-Phenylene diamine .............................................................................................................................................................................. 108–45–2

o-Phenylene diamine ............................................................................................................................................................................... 95–54–5

p-Phenylene diamine ............................................................................................................................................................................... 106–50–3

Phenyl mercuric acetate .......................................................................................................................................................................... 62–38–4

Phorate .................................................................................................................................................................................................... 298–02–2

Phthalic anhydride ................................................................................................................................................................................... 85–44–9

alpha-Picoline (2-methyl pyridine) ........................................................................................................................................................... 109–06–8

1,3-Propane sulfone ................................................................................................................................................................................ 1120–71–4

beta-Propiolactone ................................................................................................................................................................................... 57–57–8

Proporur (Baygon).

Propylene glycol ...................................................................................................................................................................................... 57–55–6

Pyrene ...................................................................................................................................................................................................... 129–00–0

Pyridinium bromide .................................................................................................................................................................................. 39416–48–3

Quinoline .................................................................................................................................................................................................. 91–22–5

Quinone (p-benzoquinone) ...................................................................................................................................................................... 106–51–4

Resorcinol ................................................................................................................................................................................................ 108–46–3

Simazine .................................................................................................................................................................................................. 122–34–9

Sodium acetate ........................................................................................................................................................................................ 127–09–3

Sodium formate ....................................................................................................................................................................................... 141–53–7

Strychnine ................................................................................................................................................................................................ 57–24–9

Succinic acid ............................................................................................................................................................................................ 110–15–6

Succinimide .............................................................................................................................................................................................. 123–56–8

Sulfanilic acid ........................................................................................................................................................................................... 121–47–1

Terephthalic acid ...................................................................................................................................................................................... 100–21–0

Tetraethyldithiopyrophosphate ................................................................................................................................................................. 3689–24–5

Tetraethylenepentamine .......................................................................................................................................................................... 112–57–2

Thiofanox ................................................................................................................................................................................................. 39196–18–4

Thiosemicarbazide ................................................................................................................................................................................... 79–19–6

2,4-Toluenediamine ................................................................................................................................................................................. 95–80–7

2,6-Toluenediamine ................................................................................................................................................................................. 823–40–5

3,4-Toluenediamine ................................................................................................................................................................................. 496–72–0

2,4-Toluene diisocyanate ......................................................................................................................................................................... 584–84–9

p-Toluic acid ............................................................................................................................................................................................ 99–94–5

m-Toluidine .............................................................................................................................................................................................. 108–44–1

1,1,2-Trichloro-1,2,2-trifluoroethane ......................................................................................................................................................... 76–13–1

Triethanolamine ....................................................................................................................................................................................... 102–71–6

Triethylene glycol dimethyl ether.

Tripropylene glycol ................................................................................................................................................................................... 24800–44–0

Warfarin ................................................................................................................................................................................................... 81–81–2

3,4-Xylenol (3,4-dimethylphenol) ............................................................................................................................................................. 95–65–8
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64671

PART 270—EPA ADMINISTERED

PERMIT PROGRAMS: THE

HAZARDOUS WASTE PERMIT

PROGRAM

39. The authority citation for part 270

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912, 6924,

6925, 6927, 6939, and 6974.

Subpart B—Permit Application

40. Section 270.14 is amended by

revising paragraph (b)(5) to read as

follows:

§ 270.14 Contents of part B: General

requirements.

* * * * *

(b) * * *

(5) A copy of the general inspection

schedule required by § 264.15(b) of this

part. Include where applicable, as part

of the inspection schedule, specific

requirements in §§ 264.174, 264.193(i),

264.195, 264.226, 264.254, 264.273,

264.303, 264.602, 264.1033, 264.1052,

264.1053, 264.1058, 264.1084, 264.1085,

264.1086, and 264.1088 of this part.

* * * * *

[FR Doc. 97–31792 Filed 12–5–97; 8:45 am]

BILLING CODE 6560–50–P