[Federal Register Volume 62, Number 235 (Monday, December 8, 1997)]
[Rules and Regulations]
[Pages 64636-64671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31792]



[[Page 64635]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 264, et al.



Hazardous Waste Treatment, Storage, and Disposal Facilities and 
Hazardous Waste Generators; Organic Air Emission Standards for Tanks, 
Surface Impoundments, and Containers; Final Rule

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

[[Page 64636]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 264, 265, and 270

[IL-64-2-5807; FRL-5931-7]
RIN 2060-AG44


Hazardous Waste Treatment, Storage, and Disposal Facilities and 
Hazardous Waste Generators; Organic Air Emission Standards for Tanks, 
Surface Impoundments, and Containers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; clarification and technical amendment.

-----------------------------------------------------------------------

SUMMARY: Under the authority of the Resource Conservation and Recovery 
Act (RCRA), as amended, the EPA has promulgated standards (59 FR 62896, 
December 6, 1994) to reduce organic air emissions from certain 
hazardous waste management activities to levels that are protective of 
human health and the environment. (The standards are known colloquially 
as the ``subpart CC'' standards due to their inclusion in subpart CC of 
parts 264 and 265 of the RCRA subtitle C regulations). These air 
standards control organic emissions from certain tanks, containers, and 
surface impoundments (including tanks and containers at generators' 
facilities) used to manage hazardous waste capable of releasing organic 
waste constituents at levels which can harm human health and the 
environment.
    Since publication of the final standards on December 6, 1994, the 
EPA has given public notice and taken comment on several proposed 
revisions to the final rule, and has made corresponding amendments. In 
response to public comments and inquiries, today's action makes 
clarifying amendments to certain regulatory text, and provides 
clarification of certain preamble language that was contained in 
previous documents for this rulemaking.

DATES: These amendments are effective December 8, 1997.

ADDRESSES: This document is available on the EPA's Clean-up Information 
Bulletin Board (CLU-IN). To access CLU-IN with a modem of up to 28,800 
baud, dial (301) 589-8366. First time users will be asked to input some 
initial registration information. Next, select ``D'' (download) from 
the main menu. Input the file name ``RCRA-FIN.ZIP'' to download this 
document. Follow the on-line instructions to complete the download. 
More information about the download procedure is located in Bulletin 
104; to read this type ``B 104'' from the main menu. For additional 
help with these instructions, telephone the CLU-IN help line at (301) 
589-8368.
    Docket. The supporting information used for the subpart CC 
rulemaking is available for public inspection and copying in the RCRA 
docket. The RCRA docket numbers pertaining to this rulemaking are F-91-
CESP-FFFFF, F-92-CESA-FFFFF, F-94-CESF-FFFFF, F-94-CE2A-FFFFF, F-95-
CE3A-FFFFF, F-96-CE3F-FFFFF, and F-96-CE4A-FFFFF. The RCRA docket is 
located at Crystal Gateway, 1235 Jefferson Davis Highway, First Floor, 
Arlington, Virginia. Review of docket materials is conducted at the 
Virginia address; the public must have an appointment to review docket 
materials. Appointments can be scheduled by calling the Docket Office 
at (703) 603-9230. The mailing address for the RCRA docket office is 
RCRA Information Center (5305W), U.S. Environmental Protection Agency, 
401 M Street SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: For general information about the RCRA 
Air Rules, or specific rule requirements of RCRA rules, please contact 
the RCRA Hotline, toll-free at (800) 424-9346. Contacts for specific 
information are listed in the Supplementary Information section of this 
preamble.

SUPPLEMENTARY INFORMATION:

    Regulated Entities: The entities potentially affected by this 
action include:

------------------------------------------------------------------------
                                                 Examples of regulated  
                   Category                             entities        
------------------------------------------------------------------------
Industry.....................................  Businesses that treat,   
                                                store, or dispose of    
                                                hazardous waste and are 
                                                subject to RCRA subtitle
                                                C permitting            
                                                requirements, or that   
                                                accumulate hazardous    
                                                waste on-site in RCRA   
                                                permit-exempt tanks or  
                                                containers pursuant to  
                                                40 CFR 262.34(a).       
Federal Government...........................  Federal agencies that    
                                                treat, store, or dispose
                                                of hazardous waste and  
                                                are subject to RCRA     
                                                subtitle C permitting   
                                                requirements, or that   
                                                accumulate hazardous    
                                                waste on-site in RCRA   
                                                permit-exempt tanks or  
                                                containers pursuant to  
                                                40 CFR 262.34(a).       
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be interested in the 
amendments to the regulation affected by this action. To determine 
whether your facility is regulated by this action, you should carefully 
examine the applicability criteria in Sec. 264.1030 and Sec. 265.1030 
of the RCRA subpart AA rules, Sec. 264.1050 and Sec. 265.1050 of the 
RCRA subpart BB rules, and Sec. 264.1080 and Sec. 265.1080 of the RCRA 
subpart CC air rules.

Informational Contacts

    If you have questions regarding the applicability of this action to 
a particular situation, or questions about compliance approaches, 
permitting, enforcement and rule determinations, please contact the 
appropriate regional representative below:
Region I
Stephen Yee, (617) 565-3550; Jim Gaffey, 565-3437; U.S. EPA, Region I, 
JFK Federal Building, Boston, MA 02203-0001
Region II
Abdool Jabar, (212) 637-4131; John Brogard, 637-4162; Jim Sullivan, 
637-4138; U.S. EPA, Region II, 290 Broadway, New York, NY 10007-1866
Region III
Linda Matyskiela, (215) 566-3420; Andrew Clibanoff, 566-3391; U.S. EPA, 
Region III, 841 Chestnut Building, Philadelphia, PA 19107
Region IV
Denise Housley, (404) 562-8495; Rick Gillam, 562-8498; Jan Martin, 562-
8593; Anita Shipley, 562-8466; Donna Wilkinson, 562-8490; Judy 
Sophianolpoulos, 562-8604; David Langston, 562-8588; U.S. EPA, Region 
IV, 61 Forsyth Street, Atlanta, GA 30303
Region V
Jae Lee, (312) 886-3781; Uylaine McMahan, 886-4454; Mike Mikulka, 886-
6760; Ivonne Vicente, 886-4449; Wen Huang, 886-6191; U.S. EPA, Region 
V, 77 West Jackson Street, Chicago, IL 60604
Region VI
Michelle Peace, (214) 665-7430; Teena Wooten, 665-2279; U.S. EPA, 
Region

[[Page 64637]]

VI, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733
Region VII
Ed Buckner, (913) 551-7621; Ken Herstowski, 551-7631; U.S. EPA, Region 
VII, 726 Minnesota Avenue, Kansas City, KS 66101
Region VIII
Mindy Mohr, (303) 312-6525; Janice Pearson, 312-6354; U.S. EPA, Region 
VIII, 999 18th Street, Suite 500, Denver, CO 80202-2466
Region IX
Stacy Braye, (415) 774-2056; Jean Daniel, 774-2128; U.S. EPA, Region 
IX, 75 Hawthorne Street, San Francisco, CA 94105
Region X
Linda Liu, (206) 553-1447; David Bartus, 553-2804; U.S. EPA, Region X, 
1200 Sixth Avenue, Seattle, WA 98101

    For questions about testing or analytical methods mentioned in this 
document, please contact Ms. Rima Dishakjian, Emission Measurement 
Center (MD-19), U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711, telephone number (919) 541-0443. For 
information concerning the analyses performed in developing this rule, 
contact Ms. Michele Aston, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-2363, electronic mail address, 
<a href="/cdn-cgi/l/email-protection#bedededfcdcad1d090d3d7ddd6dbd2dbfedbcedfd3dfd7d290dbcedf90d9d1c8">``<span class="__cf_email__" data-cfemail="513022253e3f7f3c383239343d34113421303c30383d7f3421307f363e27">[email protected]</span></a>.''

Background

     Section 3004(n) of RCRA requires EPA to develop standards to 
control air emissions from hazardous waste treatment, storage, and 
disposal facilities (TSDF) as may be necessary to protect human health 
and the environment. This requirement echoes the general requirement in 
RCRA section 3004(a) and section 3002(a)(3) to develop standards to 
control hazardous waste management activities as may be necessary to 
protect human health and the environment. The Agency has issued a 
series of regulations to implement the section 3004(n) mandate; these 
regulations control air emissions from certain process vents and 
equipment leaks (part 264 and part 265, subparts AA and BB), and 
emissions from certain tanks, containers, and surface impoundments (the 
subpart CC standards, which are the primary subject of today's action).
    The EPA today is making technical amendments to the final subpart 
AA, BB, and CC standards, and providing interpretations for certain 
provisions of those rules. Since the publication of the final subpart 
CC rule (59 FR 69826, December 4, 1994), the EPA has published four 
Federal Register documents that delayed the effective date of that 
rule. The first (60 FR 26828, May 19, 1995) revised the effective date 
of the standards to be December 6, 1995. The second (60 FR 56952, 
November 13, 1995) revised the effective date of the standards to be 
June 6, 1996. The third (61 FR 28508, June 5, 1996) further postponed 
the effective date for the rule requirements until October 6, 1996, and 
the fourth (61 FR 59931, November 25, 1996) established the ultimate 
effective date of December 6, 1996. The EPA has also issued an 
indefinite stay of the standards specific to units managing wastes 
produced by certain organic peroxide manufacturing processes (60 FR 
50426, September 29, 1995).
    On August 14, 1995, the EPA published a Federal Register document 
entitled, ``Proposed rule; data availability'' (60 FR 41870) and opened 
RCRA docket F-95-CE3A-FFFFF to accept comments on revisions that the 
EPA was considering for the final subpart CC standards. The EPA 
accepted public comments on the appropriateness of these revisions 
through October 13, 1995. Throughout 1996 and into the present year, 
the EPA also engaged in repeated discussions with representatives of 
the groups filing petitions for review challenging the subpart CC 
standards.
    To further inform the affected public of the major clarifications, 
compliance options, and technical amendments being considered, the EPA 
conducted a series of seminars during August and September of 1995. At 
that time, a total of six seminars were held nationally. An updated 
series of six seminars was held in September through December 1996 and 
two additional seminars were held March and April of 1997 in 
conjunction with an industry trade association. (Refer to EPA RCRA 
Docket No. F-95-CE3A-FFFFF.) During these seminars, additional comments 
were received on the RCRA air rules for tanks, surface impoundments, 
and containers. These comments were also considered by the EPA in 
developing this final action.
    On February 9, 1996, the EPA published a Federal Register document 
(61 FR 4903), ``Final rule; technical amendment,'' which made 
clarifying amendments in the regulatory text of the final standards, 
corrected typographical and grammatical errors, and clarified certain 
language in the preamble to the final rule to better convey the EPA's 
original intent.
    On November 25, 1996, the EPA published a Federal Register document 
(61 FR 59932), ``Final rule'' that amended provisions of the final 
subparts AA, BB, CC rules to better convey the EPA's original intent, 
to provide additional flexibility to owners and operators who must 
comply with the rules, and to change the effective date of the 
requirements contained in the subpart CC rules to be December 6, 1996.
    Today's action makes technical amendments to the final subparts AA, 
BB, CC rules in order to clarify the regulatory text of the final 
standards; interpret those standards; correct typographical, printing, 
and grammatical errors; and clarify certain language published in the 
preambles of previous Federal Register documents, to better convey the 
EPA's original intent.
    Today's amendments include one change to 40 CFR Part 270, to 
correct a typographical error made in the December 6, 1994 final rule. 
The text listing the sections of regulatory requirements that must be 
included in the general inspection schedule incorrectly listed 
``245.193(i)'' where section 264.193(i) was intended. This was 
obviously a typographical error, as all of the sections listed in that 
provision are from 40 CFR part 264; the sections are listed in numeric 
order, and ``245.193(i)'' was very obviously out of place. Further, no 
section 245.193(i) exists; in fact, no 40 CFR 245 exists. Today's 
amendment corrects this typographical error.

Outline

    The information presented in this preamble is organized as follows:

I. Subpart B--General Facility Standards
II. Subpart E--Manifest System, Recordkeeping, and Reporting
III. Subpart AA--Air Emission Standards for Process Vents
    A. Applicability
    B. Definitions
    C. Standards: Closed-Vent Systems and Control Devices
    D. Recordkeeping Requirements
IV. Subpart BB--Air Emission Standards for Equipment Leaks
    A. Applicability
    B. Standards: Closed-Vent Systems and Control Devices
    C. Alternative Standards for Valves
    D. Recordkeeping Requirements
    E. Open-ended Valves and Lines
V. Subpart CC--Air Emission Standards for Tanks, Surface 
Impoundments, and Containers
    A. Applicability and Definitions
    B. Schedule for Implementation of Air Emission Standards
    C. Standards: General

[[Page 64638]]

    D. Waste Determination Procedures
    E. Standards: Tanks
    F. Standards: Surface Impoundments
    G. Standards: Containers
    H. Standards: Closed-Vent Systems and Control Devices
    I. Recordkeeping and Reporting Requirements
    J. Appendix VI to Part 265
VI. Administrative Requirements
    A. Docket
    B. Paperwork Reduction Act
    C. Executive Order 12866
    D. Regulatory Flexibility
    E. Unfunded Mandates Act
    F. Immediate Effective Date
VII. Legal Authority

I. Subpart B--General Facility Standards

    Today's action removes Secs. 264.1091(b) and 265.1091(b) from the 
list of sections in Secs. 264.15 and 265.15, respectively. Sections 
264.15 and 265.15 contain a list of provisions from which inspection 
items and frequencies are required to be included in the general 
facility inspection schedule. The inspection requirements for floating 
roof tanks that were in Secs. 264.1091(b) and 265.1091(b) of subpart CC 
as promulgated, were incorporated into Secs. 264.1084 and 265.1085 by 
the November 25, 1996, final rule amendments (61 FR 59944). That action 
also removed and reserved Secs. 264.1091(b) and 265.1091(b). Therefore, 
the EPA is revising this provision to reference the paragraphs that now 
contain the inspection requirements. The EPA is also correcting a 
previous omission, by including a reference to the sections of subpart 
CC that include inspections requirements.

II. Subpart E--Manifest System, Recordkeeping, and Reporting

    Today's action also removes Secs. 264.1091(b) and 265.1091(b) from 
the list of sections from which monitoring, testing, or analytical 
data, and corrective action requirements must be included in the 
facility operating record. The monitoring and testing requirements for 
floating roof tanks that were in Secs. 264.1091(b) and 265.1091(b) of 
subpart CC as promulgated, were incorporated into Secs. 264.1084 and 
265.1085 by the November 25, 1996 final rule amendments (61 FR 59944) 
and, as just noted, Secs. 264.1091(b) and 265.1091(b) were removed and 
reserved. Therefore, the EPA is revising this provision to reference 
the paragraphs that now contain the appropriate requirements, and 
including a reference to provisions of subpart CC that were previously 
omitted through an oversight.

III. Subpart AA--Air Emission Standards for Process Vents

A. Applicability

    In today's action, the EPA is amending Secs. 264.1030(b)(3), 
264.1050(b)(3), 265.1030(b)(3), and 265.1050(b)(3) to make clear the 
EPA's original intent as to when recycling units are subject to the 
subpart AA and BB rules. The EPA made clear in the November 25, 1996 
preamble that recycling units which are otherwise exempt from RCRA 
subtitle C regulation under 40 CFR 261.6(c)(1) are not subject to 
subpart AA and BB standards unless some other unit at the facility has 
to obtain a RCRA permit. See 61 FR at 59932-33, and 59935. The Agency 
also showed how the existing regulation could be interpreted to give 
this result. Id. at 59935. Put another way, Subparts AA and BB are 
applicable to recycling units at permitted TSDF and interim status 
TSDF. Also, at both TSDF and generator facilities (generators' 90-day 
accumulation units), subparts AA and BB are applicable to units that 
are not recycling units. However, the EPA believes that the rule 
language can be drafted to make this point more clearly, and is doing 
so in today's rule, for both subpart AA and BB.
    The EPA is further clarifying that the RCRA ``permit-as-shield'' 
provisions do not apply to the subpart AA (or the subpart BB or CC 
standards); see Section VI.E of the preamble to the final rule, 59 FR 
62910, December 6, 1994. This means that owners and operators receiving 
permits before the date those rules became effective must nevertheless 
comply with the subpart AA (and the subpart BB and CC) regulatory 
standards. The EPA is adding a sentence to Sec. 264.1030(c) which 
essentially cross-references the existing Sec. 270.4(d) provision 
stating that ``permit-as-a shield'' does not apply to these units.
    The EPA has previously amended 40 CFR 270.4 (see 59 FR 62952, 
December 6, 1994) to require that owners and operators of TSDF that 
have been issued final permits prior to December 6, 1996, comply with 
the air standards under 40 CFR part 265, subparts AA, BB, and CC until 
the facility's permit is reviewed or reissued by the EPA. As was 
explained in Section VIII.A of the preamble to the final rule (59 FR 
62920, December 6, 1994), this amendment eliminates application of the 
``permit-as-a-shield'' practice for these air standards but does not 
require that the EPA or the TSDF owner or operator initiate a permit 
modification to add the requirements of 40 CFR part 264, subparts AA, 
BB, or CC. The EPA believes that this minimizes the administrative 
burden on the TSDF owner or operator as well as limits the additional 
burden on the permitting resources of the EPA. However, when a permit 
is reopened or subject to renewal, or when a TSDF owner or operator 
submits a Class 3 modification request pertaining to an existing unit 
or addition of a new unit subject to these standards, then the 
applicable requirements of 40 CFR part 264, subparts AA, BB, and CC 
will be incorporated into the modified permit conditions.
    The EPA is also amending the applicability provision of subpart AA 
by adding a new Sec. 264.1030(d) and Sec. 265.1030(d). This provision 
states that a process vent is not subject to the subpart AA standards 
provided the owner or operator certifies that all subpart AA-regulated 
process vents at the facility are equipped with and operating air 
emission controls in accordance with the requirements of an applicable 
Clean Air Act regulation codified in Part 60, 61, or 63. The EPA 
adopted a similar provision for units subject to subpart CC as part of 
the November 1996 amendments (see Sec. 264.1080(d) and Sec. 265.1080(d) 
of subpart CC) and the logic for applying the same exemption in the 
same manner to subpart AA process vents is identical. The preamble 
discussion at Section IV.C, 61 FR 59938-59939 (November 25, 1996) 
explains at length why this exemption avoids unnecessary duplication 
with CAA requirements, all of which discussion applies equally here. 
The EPA in fact intended that the exemption apply to subpart AA process 
vents as well (since there is no basis for distinguishing between 
subpart AA and CC units for this purpose), but inadvertently omitted 
the exemption from subpart AA when it codified the subpart CC 
exemption. Today's amendment corrects that oversight.
    This exemption is, however, implemented slightly differently from 
the parallel exemption for subpart CC units. Both of the compliance 
approaches allowed under the existing subpart AA rules require emission 
control or emission limits on a facility-wide basis. See 40 CFR 
264.1032(a)(1) and (a)(2). Thus, to be equally protective of human 
health and the environment, the EPA considers it necessary that any 
alternative compliance demonstration require control of all of the 
process vents at the facility that would have otherwise been regulated 
under subpart AA. Therefore, today's exemption is only available at a 
facility where each and every process vent that would otherwise be 
subject to subpart AA is equipped with, and operating air

[[Page 64639]]

emission controls, in compliance with an applicable CAA standard under 
Parts 60, 61, or 63. As with the similar provisions in subparts BB and 
CC, to comply with the requirements at paragraphs Sec. 264.1030(d) or 
Sec. 265.1030(c), the emissions from each subpart AA process vent must 
be routed through an air emission control device; a vent that is in 
compliance with a CAA standard under an exemption from control device 
requirements is not in compliance with those provisions of subpart AA. 
Despite this minor restriction, the EPA considers this alternative to 
provide the facility owner or operator with a broader degree of 
compliance flexibility, and less extensive monitoring, recordkeeping, 
and reporting requirements under RCRA, and therefore to warrant 
promulgation.
    The EPA has received inquiries as to whether portable equipment 
that otherwise meets the definition of a unit subject to the subpart 
AA, BB, or CC regulations, is subject to the requirements of subparts 
AA, BB, and CC. The literal language of the regulations clearly 
applies, since there is no exemption for portable equipment in the 
regulations. Nor does the EPA consider that such an exemption is 
appropriate. Portable equipment that is used to manage hazardous waste 
consistent with the applicability requirements of these subparts would 
emit the same volume of organics that stationary equipment would emit. 
The EPA therefore considers it appropriate to subject portable 
equipment to the same control requirements as stationary, or non-
portable equipment. By this interpretation, the EPA is not extending 
the applicability of the AA, BB, or CC standards; rather, the EPA is 
merely clarifying that these standards do not contain any exemption or 
special criteria for portable equipment. Moreover, the fact that such 
portable equipment may also be used for non-hazardous waste 
applications has no bearing on the EPA's intent to regulate the 
portable equipment during instances when it is used for hazardous waste 
applications. The EPA does not consider that fact to affect the need to 
control the equipment when it is in hazardous waste service.

B. Definitions

    ``In light liquid service'' was defined in Sec. 264.1031 to be 
consistent with the definition of ``in light liquid service'' in the 
NSPS for equipment leaks of VOC in the synthetic organic chemicals 
manufacturing industry (40 CFR part 60, subpart VV). It was the EPA's 
intent that the determination of ``in light liquid service'' be based 
on the organic content of a liquid. However, questions have been raised 
by the regulated community regarding how to account for water in the 
determination of ``in light liquid service.'' In response to the 
questions, the definition of ``in light liquid service'' in 
Sec. 264.1031 is revised by changing ``* * * the vapor pressure of one 
or more of the components in the stream is greater than 0.3 kilopascals 
(kPa) at 20  deg.C, the total concentration of the pure components 
having a vapor pressure greater than 0.3 kilopascals (kPa) at 20  deg.C 
is equal to or greater than 20 percent by weight * * *'' to read as 
follows ``* * *the vapor pressure of one or more of the organic 
components in the stream is greater than 0.3 kilopascals (kPa) at 20 
deg.C, the total concentration of the pure organic components having a 
vapor pressure greater than 0.3 kilopascals (kPa) at 20  deg.C is equal 
to or greater than 20 percent by weight* * *'' This revision clarifies 
that the definition applies only to the organic components of the waste 
stream; not to non-organic chemicals that meet the vapor pressure 
criteria (e.g., water). The revised definition is consistent with the 
definition of ``in light liquid service'' in the recently promulgated 
NESHAP for equipment leaks (40 CFR part 63, subpart H).

C. Standards: Closed-Vent Systems and Control Devices

    The final subpart AA air emission standards for process vents 
provided up to an 18-month implementation schedule after the effective 
date that a facility becomes subject to the provisions of subpart AA, 
for installation and operation of closed-vent systems and control 
devices. The February 9, 1996 (61 FR 4911) revisions to 
Secs. 264.1033(a)(2) and 265.1033(a)(2) extended the implementation 
schedule to as much as 30 months, consistent with the requirements of 
subpart CC. Consistent with this existing provision, today's revisions 
clarify that units which become newly subject after the subpart AA 
effective date of December 21, 1990 as a result of an EPA regulatory 
change or statutory change, are also provided a 30-month implementation 
schedule. The provision is also amended to clarify that units which 
become newly subject to subpart AA after that effective date due to any 
reason other than an EPA regulatory change or statutory amendment are 
not allowed to comply using an implementation schedule; they must be in 
compliance on the date that the unit first becomes subject to subpart 
AA.
    A printing correction is also being made to this section in 
Sec. 265.1033(f)(2)(vi)(B). The degree symbol was inadvertently printed 
in lower case rather than as a superscript; today's action corrects 
this.
    The November 25, 1996, amendments to the subpart CC standards (at 
Sec. 265.1088(c)(2)(i)) for control devices and closed-vent systems, 
added provisions to allow up to 240 hours per year for periods of 
planned, routine maintenance of a control device; during such time, the 
control device is not required to meet the performance requirements for 
emission reductions specified in the rule. The EPA's rationale for 
adding this allowance to subpart CC is explained in the preamble to 
those amendments at 61 FR 59948. The EPA has determined that, based on 
the nature of the affected operation or the type of unit that is being 
served by the control device, there are circumstances in which a 
limited allowance for control device down-time during maintenance is 
reasonable. For example, the EPA made a similar allowance of up to 240 
hours for control device performance in the HON requirements for 
storage vessels, i.e., tanks, (see Sec. 63.119(e)(3)); this allowance 
was made based on consideration of the fact that a HON facility with 
affected storage vessels normally would not have adequate excess 
storage tank capacity to handle emptying an affected tank(s) each time 
the control device serving the vessel(s) is shut down for routine 
maintenance. It is also important to note that the HON regulation did 
not extend this same routine maintenance allowance for control devices 
to other types of units, or to affected process vents; the HON 
allowance is only for control devices serving storage vessels. The EPA 
has judged that the operational practices of process vents are 
significantly different from those of storage vessels, and thus do not 
warrant a similar allowance for control device down-time.
    In the amendments to the subpart CC rule that were published in 
November 1996, the EPA adopted the provision from the HON, and further 
extended and broadened the control device allowance in applying it to 
control devices that serve not only tanks but also surface impoundments 
and containers (see Sec. 264.1087(c)(2)(i)). The decision to extend the 
allowance to the subpart CC hazardous waste management units was also 
based on the consideration of typical operational practices of affected 
TSDF. Within the waste management industry, the quantities and 
compositions of the waste managed vary widely over time; also, many 
regulated waste management units (i.e., tanks and impoundments)

[[Page 64640]]

have vent flow rates low enough that several units are controlled using 
a single device. For several waste management units served by a single 
control device, it is not feasible in most cases to have enough excess 
storage capacity to handle all the units that would be served by a 
single control device. Therefore, the EPA included the control device 
maintenance allowance in the subpart CC standards for containers and 
surface impoundments, as well as for tanks. As in the case of the HON, 
the EPA does not consider it appropriate to extend the control device 
allowance for maintenance time to control devices serving process 
vents. Therefore, the EPA is not extending the control device 
maintenance allowance to subpart AA process vents.
    It also has come to the attention of the EPA that some commenters 
have misinterpreted the language relating to the accuracy of the 
temperature monitoring devices that the EPA specified in the subpart AA 
standards for closed-vent systems and control devices, found at 
Secs. 264.1033(f) and 265.1033(f). As these commenters interpret the 
rule language, the EPA has specified a degree of accuracy that 
precludes monitoring devices with greater accuracy than is specified in 
the regulations. This is not the EPA's intent, and the Agency does not 
consider this to be a reasonable interpretation of the rule. At 
numerous places in this rule and other rules, the EPA has specified the 
accuracy of temperature monitoring devices by requiring ``an accuracy 
of <plus-minus>1 percent of the temperature being monitored in degrees 
Celsius ( deg.C) or <plus-minus>0.5 deg.C, whichever is greater.'' It 
is implicit in the use of this language that the EPA is providing a 
range of accuracy with which the monitoring device must comply or 
conform. For example, the term ``<plus-minus>1 percent'' indicates that 
the accuracy of the device must fall within the range from plus 1 
percent to minus 1 percent. Any device that has an accuracy within this 
range complies with the rule requirement. It was not the intent of the 
EPA to preclude the use of devices with greater (i.e., better) accuracy 
than the absolute value specified.

D. Recordkeeping Requirements

    Commenters have stated that the requirement at 
Sec. 265.1035(c)(10)(iv) to record the maximum instrument reading 
measured by Method 21 after a leak has been successfully repaired or 
determined to be not repairable is unnecessary. They contend that 
because other rules which require use of EPA Method 21, such as the 
Off-Site Waste and Recovery Operations NESHAP (40 CFR part 63, subpart 
DD), do not require this instrument reading, the requirement should be 
removed. Although subpart DD to part 63 does not contain a similar 
recordkeeping requirement for the instrument reading, as part of the 
information recorded when a leak is detected using Method 21, various 
other regulations do have similar requirements (see Sec. 63.181(d)(4) 
of 40 CFR part 63, subpart H, National Emission Standards for Organic 
Hazardous Air Pollutants for Equipment Leaks). The EPA continues to 
believe that this information is useful in the implementation and 
enforcement of the air emission regulations. Instrument monitoring 
after a repair is an indication of the success of the repair, 
information which EPA considers commensurate with the initial leak 
monitoring requirements at Sec. 265.1033(k)(1)(i). Instrument 
monitoring upon determination that a leak is not repairable is an 
indication of the severity of the organic emissions that will continue 
to be emitted from the non-repairable equipment, which EPA considers 
valuable information for the implementation and future review of its 
organic air emissions standards. Therefore, EPA will maintain this 
recordkeeping requirement.

IV. Subpart BB--Air Emission Standards for Equipment Leaks

A. Applicability

    Today's action adds appropriate language to the subpart BB 
applicability provisions to cross reference and clarify that the EPA 
has modified the ``permit-as-a-shield'' practice for implementation of 
the subpart BB (as well as the subpart AA and CC) RCRA air rules. The 
modification of this practice affects owners and operators of existing 
TSDF for which final RCRA permits have been issued by the EPA. 
Paragraph (c) in Sec. 264.1050 and Sec. 265.1050 is being revised to 
clarify that the owner or operator is subject to the requirements of 40 
CFR part 265, subpart BB until such date that the owner or operator 
receives a final RCRA permit incorporating the requirements of 40 CFR 
part 264, subpart BB.
    The EPA has previously amended 40 CFR 270.4 (see 59 FR 62952, 
December 6, 1994) to require that owners and operators of TSDF that 
have been issued final permits prior to December 6, 1996, comply with 
the air standards under 40 CFR part 265, subparts AA, BB, and CC until 
the facility's permit is reviewed or reissued by the EPA to include the 
part 264 standards. As is explained in Section VIII.A of the preamble 
to the final rule (59 FR 62920, December 6, 1994), this amendment 
eliminates application of the ``permit-as-a-shield'' practice for these 
air standards, but does not require that the EPA or the TSDF owner or 
operator initiate a permit modification to add the requirements of 40 
CFR part 264, subparts AA, BB, or CC. The EPA considers the existing 
regulatory text to accurately convey this intent, and is providing this 
preamble discussion in response to commenters' requests.

B. Standards: Closed-Vent Systems and Control Devices

    The final subpart BB air emission standards for equipment leaks 
referenced the subpart AA closed-vent system and control device 
requirements to provide up to an 18-month implementation schedule after 
the effective date that a facility becomes subject to the provisions of 
subpart BB, for installation and operation of closed-vent systems and 
control devices. The February 9, 1996 (61 FR 4911) revisions to 
Secs. 264.1060 and 265.1060 added a paragraph to extend the 
implementation schedule to as much as 30 months, consistent with the 
requirements of subpart CC. Today's amendments clarify that units that 
begin operation after the subpart BB effective date of December 21, 
1990, and that become subject to the requirements of subpart BB because 
of an EPA regulatory change or a statutory change after December 21, 
1990, are also provided a 30-month implementation schedule. The 
provision is also amended to clarify that units which become newly 
subject to subpart BB after that effective date due to any reason other 
than an EPA regulatory change or a statutory amendment are not allowed 
to comply using an implementation schedule; they must be in compliance 
on the date that the unit first becomes subject to subpart BB. In 
recognition that facilities have been on notice since 1990 of the 
applicability of subparts AA and BB, and since 1991 of the 
applicability of subpart CC, the EPA considers it reasonable to expect 
facilities that become newly-subject to these subparts, through other 
than a statutory or EPA regulatory change, to be in compliance with the 
provisions on the date that they become newly subject.

C. Alternative Standards for Valves

    Clarifying language is being added to the alternative standards for 
valves in gas/vapor service or in light liquid service: skip period 
leak detection and repair. The EPA has received comments on the 
ambiguity of the skip period leak detection and repair provisions as 
codified. The codified language is ambiguous because it gives no

[[Page 64641]]

indication of how the alternative work practice that involves two 
consecutive quarterly leak detection periods with the percentage of 
valves leaking equal to or less than 2 percent which allows the owner 
or operator to skip one of the quarterly leak detection periods 
[Sec. 264.1062(b)(2) or Sec. 265.1062(b)(2)] interacts with the 
alternative work practice that involves five consecutive quarterly leak 
detection periods with the percentage of valves leaking equal to or 
less than 2 percent which allows the owner or operator to skip three of 
the quarterly leak detection periods [Sec. 264.1062(b)(3) or 
Sec. 265.1062(b)(3)]. Nor is the codified language clear on whether the 
periods with the percentage of valves leaking equal to or less than 2 
percent need to be repeated after the initial skipped periods, or if 
the owner or operator is allowed to continue on the skip period 
schedule once the criteria have been met for one period.
    In order to clarify the EPA's intent regarding the skip monitoring 
alternatives, paragraphs in Sec. 264.1062(b) and Sec. 265.1062(b) are 
being amended to more fully explain that, if the specified criteria are 
met under the alternatives, the owner or operator can monitor for leaks 
once every six months (i.e., under Sec. 264.1062(b)(2)) or once every 
year (i.e., under Sec. 264.1062(b)(3)). If an owner or operator is 
monitoring equipment every six months, under Sec. 264.1062(b)(2), he is 
not complying with the five consecutive quarterly leak detection 
requirements of Sec. 264.1062(b)(3), and thus does not qualify to begin 
monitoring once every year. Essentially, if an owner or operator meets 
the requirements of subsection (b)(2), he may choose to either begin 
monitoring every six months, or he may choose to continue quarterly 
monitoring in an attempt to meet the requirements of subsection (b)(3); 
complying with the provision of subsection (b)(2) excludes the 
opportunity to comply with the requirements of subsection (b)(3).
    Once an owner or operator meets the qualifications of either 
subsection (b)(2) or subsection (b)(3), he is then allowed to continue 
the skip monitoring of that provision as long as the percentage of 
valves found leaking by the semiannual or annual monitoring is equal to 
or less than 2 percent. These clarifying amendments reflect the 
Agency's prior intent regarding the implementation of the alternative 
standards for valves.

D. Recordkeeping Requirements

    The recordkeeping provisions of subpart BB are being amended to 
eliminate any owner or operator burden caused by regulatory overlap. 
The subpart BB recordkeeping provisions in Sec. 264.1064(m) and 
Sec. 265.1064(m) are being amended to allow any equipment that contains 
or contacts hazardous waste that is subject to subpart BB and also 
subject to regulations in 40 CFR part 60, 61, or 63 to determine 
compliance with subpart BB by documentation of compliance with the 
relevant provisions of the Clean Air Act rules codified under 40 CFR 
part 60, part 61, or part 63. Because compliance with subpart BB is 
demonstrated through recordkeeping, this recordkeeping revision has the 
effect of exempting equipment that would otherwise be subject to 
subpart BB from subpart BB requirements, provided the equipment is 
operated, monitored and repaired in accordance with an applicable CAA 
standard, and appropriate records are kept to that effect.
    As is described in Section III.A of this preamble regarding the 
potential regulatory overlap of the RCRA air rules and Clean Air Act 
regulations, the EPA is providing this exemption to reduce the 
possibility of duplicative or conflicting requirements for those TSDF 
units using organic emission controls in compliance with a NESHAP but 
which are also subject to requirements under the RCRA standards. The 
EPA considers this to be the most appropriate approach to ensure that 
air emissions from equipment managing hazardous waste are controlled to 
the extent necessary to protect human health and the environment. This 
exemption was originally included with the promulgation of subpart BB 
on June 21, 1990 (55 FR 25454), in the same format, but with more 
specificity as to the CAA regulations. As discussed in Section III.A. 
of this preamble, it was clearly the Agency's intent to apply the same 
rationale explained in the November 25, 1996 preamble at 61 FR 59938, 
to extend the applicability exemption to subpart BB equipment operated, 
monitored and repaired in accordance with an applicable CAA standard 
under 40 CFR part 60, 61, or 63.
    The November 25, 1996 final rule amendments added a provision to 
the applicability of subpart BB that excludes equipment that contains 
or contacts affected hazardous waste for a period of less than 300 
hours per calendar year. See 61 FR at 59937. One commenter has 
requested that the Agency clarify whether equipment which is not in 
service, but contains hazardous waste residue, is considered to be in 
contact with hazardous waste. The EPA considers the language of the 
provision explicit on this point; the amount of time that equipment 
contains hazardous waste, whether at operating capacity or as a 
residue, is considered time that the equipment ``contains or contacts'' 
hazardous waste. Thus, if subpart BB equipment contains subpart BB-
regulated hazardous waste residues for more than 300 hours during a 
calendar year, that equipment would not be exempt from subpart BB under 
the provisions at Sec. 264.1050(f) or Sec. 265.1050(f). The EPA 
purposefully worded the provision to say, ``contains or contacts'' 
because the emissions from the equipment are related to the organic 
hazardous waste that is in the equipment; even if the process or 
equipment is not in service, the organic hazardous waste in contact 
with the equipment has the potential to volatilize, and EPA considers 
it necessary to subject the equipment to the requirements of subpart 
BB. Thus, EPA is today reiterating that the regulation at 
Sec. 264.1050(f) and Sec. 265.1050(f) requires the equipment to be void 
of subpart BB-regulated waste for a minimum of 300 hours per calendar 
year.
    The same commenter inquired whether, for the purposes of this same 
provision, the period of time which the equipment contains or contacts 
subpart BB-regulated waste must be consecutive (e.g. 290 consecutive 
hours), or if it could be the sum of shorter periods (e.g., ten periods 
of 29 hours each). The provision was intended to exempt equipment that 
does not contain or contact subpart BB-regulated waste a total of 300 
hours of more during a calendar year. This provision was adopted from 
similar provisions of the Hazardous Organic NESHAP promulgated under 40 
CFR 63.160. See preamble discussion at 61 FR 59937, November 25, 1996. 
It is implicit in reading the language at 40 CFR 63.160(a) that the EPA 
intended the requirement to refer to a sum, or total, of 300 hours per 
calendar year, as opposed to a single period of 300 hours. The EPA is 
today amending regulatory text at 264.1050(f) and 265.1050(e) and the 
associated recordkeeping requirements at 264.1064(g)(6) and 
265.1064(g)(6) to remove the phrase, ``a period of'' and thus, remove 
any ambiguity as to the Agency's intent that for this regulatory 
requirement, instances during which equipment contains or contacts 
subpart BB-regulated waste need not be consecutive; it is only required 
that the sum of all time that the equipment contains or contacts 
subpart BB-regulated waste is less than 300 hours per calendar year.

E. Open-Ended Valves and Lines

    Several comments have been received regarding the requirements for 
open-

[[Page 64642]]

ended lines or valves as they relate to gravity piping. Commenters 
expressed concern that gravity feed piping that is equipped with an 
open valve or line does not meet the requirements of the subpart BB 
standards. Subpart BB requires that each open-ended valve or line be 
equipped with a cap, blind flange, plug, or a second valve when 
managing hazardous wastes with an organic content equal to or greater 
than 10 percent by weight. The commenters have suggested that the EPA 
amend the subpart BB requirements to state that the EPA considers a 
drain system that meets the requirements of 40 CFR part 63, subpart RR, 
National Emission Standards for Individual Drain Systems to be a closed 
system. The EPA has examined this issue and has found no technical 
basis for making a change to the existing rule. Moreover, the Part 63 
subpart RR requirements are intended for control of waste in organic 
concentrations on the order of magnitude with the 500 ppmw action level 
of the subpart CC standards, whereas the subpart BB standards in parts 
264 and 265 are applicable to equipment that contacts waste with an 
organic concentration of 10 percent by weight. There is a significant 
difference in the level of required control between the two standards. 
The EPA does not consider it appropriate to allow the subpart RR drain 
system requirements to substitute for the more extensive open-ended 
valve and line requirements of subpart BB, because application of the 
subpart RR standards to subpart BB equipment would not provide an 
equivalent level of organic emission control as would be achieved by 
compliance with the applicable subpart BB requirements. Facility owners 
or operators with gravity feed piping that requires a vent to 
facilitate draining can comply with the subpart BB and CC standards by 
installing organic emission control equipment on the pipe vent. The 
control requirements in subpart BB are appropriate and adequate for 
control of open-ended lines and valves.

V. Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, 
and Containers

A. Applicability and Definitions

    In Secs. 264.1080 and 265.1080, the EPA is revising the effective 
date of the subpart CC rules to be December 6, 1996. This revised 
effective date was established in the November 25, 1996 amendments, but 
this regulatory change was inadvertently omitted from that action. 
Today's revision corrects this oversight.
    In Sec. 265.1081, the definition of ``in light material service'' 
is revised to correct a typographical error to capitalize the T in 
``the'' as follows, ``* * * The vapor pressure of one or more of the 
organic constituents * * *''

B. Schedule for Implementation of Air Emission Standards

    The final subpart CC standards allow the owner or operator to 
prepare an implementation schedule for installation of control 
equipment that cannot be installed and in operation by the effective 
date of the rule (See Sec. 265.1082(a)(2)). The EPA intended that the 
implementation schedule apply to any capital projects implemented by 
the owner or operator to comply with the subpart CC requirements. (See 
61 FR at 4905, February 9, 1996.) This intent was expressed in the 1994 
final rule; see Hazardous Waste TSDF Background Information for 
Promulgated Organic Air Emission Standards for Tanks, Surface 
Impoundments, and Containers, EPA-453/R-94-076b (``BID'') page 9-7, 
which states that the owner's or operator's approach to complying with 
the air emission control requirements under the subpart CC standards 
may involve a major design and construction project which requires 
longer than 18 months to complete (e.g., replacing a large open surface 
impoundment with a series of covered tanks). To further clarify this 
intent, Sec. 265.1082 is revised by today's action to specify that 
compliance can be demonstrated through an implementation schedule when 
either: (1) control equipment or waste management units can not be 
installed and in operation by the rule effective date; or (2) 
modifications of production or treatment processes to satisfy subpart 
CC exemption criteria in accordance with Sec. 265.1083(c) can not be 
completed by the rule effective date. In either case, the 
implementation schedule must be entered into the facility record, and 
must contain information demonstrating that the facility will be in 
compliance with all of the requirements of subpart CC, no later than 
December 8, 1997. The revisions to the schedule for implementation also 
incorporate the revised effective date of December 6, 1996.
    Commenters have questioned whether compliance activities other than 
those involving the installation of equipment or the modification of 
processes may be accomplished under an implementation schedule. For 
example, whether a facility can delay compliance past the rule 
effective date for monitoring or testing requirements. The preamble to 
the February 9, 1996 Federal Register document clarified that ``The EPA 
expects such instances to be rare, but in the event a facility cannot 
implement any technical requirement of subparts AA, BB, or CC, it is 
the EPA's intent that the owner or operator document the necessity for 
a delay in the facility operating record. To be in compliance with the 
rule, the necessary documentation must be in place by [the rule 
effective date].'' See 61 FR at 4905, February 9, 1996. The EPA 
maintains that there may be circumstances in which a facility owner or 
operator can not be in compliance with certain monitoring or testing 
requirements by the effective date of the standards. For example, if a 
facility owner or operator is unable to begin operation of a control 
device prior to the rule effective date, he would not be able to 
perform the required monitoring of that device by that date either. 
However, to be in compliance with the subpart CC rules, the owner or 
operator must be in compliance with all the rule requirements as soon 
as is practicable, but no later than December 8, 1997.

(Note: The only exceptions to this final compliance date are those 
requirements applicable to certain tanks in which stabilization 
operations are performed, which must be in compliance no later than 
June 8, 1998 (see 59 FR at 62912, December 6, 1994)), and 
requirements delayed by the Regional Administrator, as discussed 
below in this section of today's preamble.

    Today's action is also amending regulatory language to clarify that 
owners or operators of facilities and units that become newly subject 
to the requirements of subpart CC after December 8, 1997, because of an 
action other than an EPA regulatory change or a statutory change under 
RCRA, must comply with all applicable rule requirements immediately 
(i.e., must have control devices installed and operating on the date 
the facility or unit becomes subject to subpart CC); the 30-month 
implementation schedule does not apply in this case. The EPA considered 
this to be implicit in the existing language of paragraph (b) of 
Sec. 265.1082. The Agency is adding new language in response to 
questions and comments from affected facilities regarding 
interpretation of the rule requirements regarding implementation 
schedules. The new provision will be codified as paragraph 265.1082(c).
    One commenter expressed concern regarding the initial monitoring of 
closed-vent systems. They noted that delayed compliance is allowed 
under the rules for routine monitoring of those systems that are either 
inaccessible or unsafe to monitor, and requested that similar provision 
be allowed for initial monitoring that may be delayed due to

[[Page 64643]]

weather or process conditions. The EPA has examined this issue and has 
concluded that a change in the rule is not appropriate. The industry 
has been on notice for several years that the subpart CC rules would 
require these monitoring inspections. Any facilities that become newly 
subject to the subpart through an EPA regulatory amendment or statutory 
amendment are typically allowed at least 6 months from the date of 
publication of the action; the EPA considers this to have been 
sufficient notice to adequately prepare for, and perform, the necessary 
monitoring.
    As published in the December 6, 1994, final rule, paragraph (c) of 
Sec. 265.1082 allowed the EPA Regional Administrator to ``extend the 
implementation date for control equipment at a facility, on a case by 
case basis * * *,'' In the preamble to the final rule (see 59 FR 62919, 
December 6, 1994, and the amendments to the rule published November 25, 
1996, (see 61 FR 59938), the EPA stated its intent to include the 
provision to allow the Regional Administrator to extend the 
implementation date in situations beyond the owner or operators's 
control, and that this extension would be available only in 
``situations such as delays in State permit processing.'' The Agency 
went even further in placing constraints on these limited conditions by 
identifying situations associated with permit processing where the 
allowance would not apply (see 59 FR 62919). It is clear from the 
literal reading of the provision that the EPA fully intends that the 
Regional Administrator's extension of an implementation schedule is 
only allowable for a capital project implemented by a facility owner or 
operator to comply with the subpart CC air emission control 
requirements. It is also clear that the Agency does not intend that 
this Regional Administrator allowance for implementation schedule 
extensions apply to anything other than the installation of air 
emission control equipment. Today's action re-designates this provision 
as paragraph 265.1082(d) to allow the regulatory amendment described 
above in this section of today's preamble to be codified as subsection 
(c); however, the provision for Regional Administrator extensions of 
the final rule compliance date is not changed.

C. Standards: General

    Today's amendments are further clarifying that the subpart CC RCRA 
air rules apply only to units managing a hazardous waste; to this 
effect, the EPA is adding the word ``hazardous'' in front of the word 
``waste'' in Secs. 264.1082(b) and 265.1083(b). This point has been 
made by the EPA throughout the proposal and promulgation of the subpart 
CC rules (see 59 FR 62896, December 6, 1994, and 61 FR 4906, February 
9, 1996); however, there have remained some questions and uncertainties 
regarding applicability of the rules to non-hazardous wastes. The 
changes being made today are intended to provide additional emphasis 
that only hazardous wastes are subject to the subpart CC controls.
    Paragraph 265.1083(c)(2)(i) is revised to correct a typographical 
error in the symbol for the exit concentration limit; the symbol should 
be C subscript t ``(C<INF>t</INF>).''
    In addition, Secs. 264.1082(c)(3) and 265.1083(c)(3) have been 
revised to add as an exempt unit a surface impoundment used for 
biological treatment of hazardous waste in accordance with subpart CC 
requirements. The EPA intended to exempt surface impoundments used for 
biological treatment from the subpart CC control requirements. The 
preamble to the final rule in Section VII(A)(5) (59 FR 62917, December 
6, 1994) clearly states ``* * * air emission controls are not required 
for a surface impoundment in which biological treatment of a hazardous 
waste is performed under the same conditions specified in the rule for 
tanks.'' However, surface impoundments performing biological treatment 
were inadvertently left out of the biological treatment unit exemption 
in the November 25, 1996, final rule amendments (61 FR 59954).
    The EPA has received a number of inquiries asking for 
interpretations of the provision of the subpart CC rules which states 
that wastes that meet applicable Land Disposal Restriction (LDR) 
treatment standards for organic hazardous constituents are exempt from 
the subpart CC air emission standards. Section 264.1082(c)(4) exempts 
from the RCRA subpart CC air emission standards:
    ``A tank, surface impoundment, or container for which all hazardous 
wastes placed in the unit * * *
    ``(i) Meets the numerical concentration limits for organic 
hazardous constituents, applicable to the hazardous waste, as specified 
in 40 CFR part 268--Land Disposal Restrictions under Table ``Treatment 
Standards for Hazardous Waste'' in 40 CFR 268. 40 * * *''
    A parallel exemption for interim status facilities is found at 
Sec. 265.1083(c)(4). Under these provisions, tanks, surface 
impoundments, and containers receiving hazardous wastes that meet the 
concentration limits for organics applicable to the waste under the 
generally-applicable treatment standards of the LDR program are not 
subject to the subpart CC air emission control regulations. See 61 FR 
59941 in the preamble and 59954 in the rule (Nov. 25, 1996).
    A number of members of the regulated industry (including the 
Environmental Technology Council, Chemical Waste Management, and the 
Chemical Manufacturers Association) have inquired as to how this 
provision applies to situations where the wastes in question are not 
yet prohibited from land disposal or consist of mixtures of different 
hazardous wastes. This preamble answers those questions. Copies of 
correspondence between EPA and these entities have been placed in the 
public docket for the rule.
    The key phrase in the above exemption is what treatment standards 
are ``applicable to the waste.'' EPA interprets this phrase expansively 
to include the treatment standard for organics that would apply to the 
waste whether or not the waste is currently prohibited, so that the 
exemption may apply to wastes not yet required to be treated for 
organics as a precondition to land disposal. Under this interpretation, 
hazardous wastes could be exempt from subpart CC regulation if they 
meet the treatment standards for organics that would ultimately be 
required as a precondition to land disposal. This is a reasonable 
construction of the rule's language (the phrase ``applicable to the 
waste'' is ambiguous as to its precise scope), and is supported by the 
preamble to the rule (which says that the exemption can apply to wastes 
that are not prohibited, see 61 FR 59941). In addition, this reading is 
consistent with the exemption's underlying principle: if hazardous 
wastes meet generally-applicable LDR treatment standards for organics, 
their concentrations of organics are in virtually every case going to 
be less than warrants control under the subpart CC rules (i.e., 
volatile organic concentrations will be less than 500 ppmw).
    The EPA recognizes that it could interpret the language to apply 
only to hazardous wastes that are prohibited and actually subject to a 
treatment standard for organics. This more restrictive interpretation 
does not seem desirable because hazardous wastes which actually meet 
treatment standards for organics are likely to have been treated to 
remove or destroy the organics and thus not warrant regulation under 
subpart CC. On the other hand, it is EPA's further interpretation that 
this exemption does not apply to hazardous

[[Page 64644]]

wastes for which there would be no treatment standards for organics, 
namely wastes that are listed solely because of inorganic content. 
There is no potentially ``applicable'' organic treatment standard for 
such wastes, and the exemption thus does not apply. In addition, such 
wastes would not likely be treated for organic constituents; so in the 
event they contain higher concentrations of organics, this particular 
LDR exemption should not apply. Such wastes may, however, be exempt 
from the subpart CC rules because they contain less than 500 ppmw 
volatile organics at the point of waste origination (40 CFR 
264.1082(c)(1)).
    The following principles set out how the EPA interprets the rule 
for this subpart CC exemption in specific situations:
1. Listed Waste
    (A) If the waste is already subject to an LDR treatment standard 
for organics (for example, the organic spent solvent listed as F001), 
the waste is not subject to subpart CC if it meets the treatment 
standards for organic hazardous constituents in that waste (e.g. the 
treatment standards for organics in F001 set out in Sec. 268.40);
    (B) If the waste is newly listed so that no treatment standard 
under Sec. 268.40 has yet been established, determine if the waste was 
listed for organic constituents in Part 261 Appendix VII and if so, if 
the waste meets the Universal Treatment Standards (UTS) for those 
constituents (set out in Sec. 268.40) then the waste is exempt from 
subpart CC. The EPA considers the UTS to be ``applicable'' because it 
is clear that this is the standard which will apply when the waste is 
prohibited;
    (C) If the waste is listed only because it contains inorganic 
constituents (e.g. electroplating wastewater treatment sludge (F006)), 
then it is not eligible for the LDR exemption at Sec. 264.1082(c)(4) 
but could be exempt for other reasons, such as containing less than 500 
ppmw volatile organics at the point of waste origination. This is true 
whether or not the waste is already a prohibited hazardous waste, or is 
newly listed.
2. Mixtures of Listed Wastes
    The same principles as presented above apply when mixtures of 
listed wastes are involved:
    (A) If the mixture contains listed wastes for which there are 
organic concentration limits in Sec. 268.40 and newly listed wastes 
listed (in Appendix VII of Part 261) for organic hazardous 
constituents, the waste would be exempt from subpart CC if it meets the 
treatment standards in Sec. 268.40 and the treatment standards to which 
the newly listed waste will be subject. Thus, to be exempt under 
Sec. 264.1082(c)(4), a mixture of F001 wastes and FXXX (a hypothetical 
newly listed waste listed for presence of benzene) would have to meet 
the treatment standards for the organic hazardous constituents set out 
in Sec. 268.40 for F001 plus UTS for benzene;
    (B) If the mixture contains listed wastes for which there are 
organic concentration limits in Sec. 268.40 and listed wastes with 
treatment standards only for inorganic constituents (or which is newly 
listed, and is listed only due to presence of inorganic hazardous 
constituents), the waste mixture would be eligible for the 
Sec. 264.1082(c)(4) variance if it meets the organic concentration 
limits in Sec. 268.40. Thus, a mixture of F001 and F006 wastes would be 
exempt from subpart CC if it meets the treatment standard for F001 
organic hazardous constituents;
    (C) If the mixture consists of listed wastes which are exclusively 
subject to, or are listed for, inorganic hazardous constituents, the 
mixture is not eligible for the Sec. 264.1082(c)(4) exemption.
    Finally, part of the ``applicable'' LDR standard for listed wastes 
is that the standard not be achieved by impermissible dilution (as set 
out in Sec. 268.3 and several EPA interpretations, such as in 60 FR 
11706-11708 (March 2, 1995)). Impermissible dilution could involve not 
only mixing an agent to the waste to increase volume without 
contributing to the treatment process, but also allowing volatilization 
from the waste without capture and destruction of the organic 
emissions. 52 FR at 25779 (July 8, 1987); Chemical Waste Management v. 
EPA, 976 F. 2d 2, 17 (D.C. Cir. 1992). In essence, this means that the 
LDR standards need to be achieved by treatment that destroys or removes 
the organic hazardous constituent (or the wastes may meet the treatment 
standard as generated). See 60 FR 11708. The subpart CC rules likewise 
contain provisions prohibiting dilution as a means of making a waste 
eligible for an exemption from the rule (see, e.g., 
Sec. 265.1083(c)(2)(vi)). Thus, to be eligible for this exemption from 
the subpart CC standards, listed wastes must either meet treatment 
standards for organics by treatment which destroys or removes hazardous 
organic constituents, or the wastes must meet those standards as 
generated.
3. Characteristic Wastes
    The first principle to bear in mind regarding characteristic 
hazardous wastes is that the subpart CC rule no longer applies once 
these wastes are decharacterized, i.e., no longer exhibit a 
characteristic of hazardous waste. This is because the subpart CC rules 
only apply to wastes that are identified or listed as hazardous. See, 
e.g., Sec. 265.1080(a). Also, since the rules do not prohibit any 
method which removes a hazardous characteristic, dilution can be used 
for this purpose; see Sec. 261.3(d)(1). Thus, in the discussion that 
follows, it must be understood that all references to characteristic 
hazardous wastes are to wastes which continue to exhibit a 
characteristic.
    Characteristic wastes can be identified because of the presence of 
organic hazardous constituents, but also can contain organic 
``underlying hazardous constituents''--hazardous constituents present 
at levels exceeding the Universal Treatment Standards but which do not 
cause the waste to exhibit a characteristic; see Sec. 268.2(i). Such 
hazardous constituents typically must be treated to meet UTS before a 
characteristic waste is land disposed (see Chemical Waste Management v. 
EPA, 976 F. 2d 2, 16-18), and so UTS can be considered to be an 
applicable standard for purposes of the subpart CC exemption under 
discussion in this preamble.
    Principles applicable to specific situations involving 
characteristic hazardous wastes are therefore:
    (A) Since subpart CC controls do not apply to nonhazardous wastes, 
these standards do not apply as the result of managing decharacterized 
wastes.
    (B) If the waste exhibits ignitability, corrosivity, or reactivity 
(or is a mixture which exhibits one or more of these characteristics), 
then the waste is exempt from subpart CC if it meets treatment 
standards for any of the organic underlying hazardous constituents 
which are present (and the waste is no longer subject to subpart CC if 
it no longer exhibits a characteristic, whether or not treatment 
standards for underlying hazardous constituents are achieved). In this 
example, these characteristic wastes are prohibited and subject to the 
requirement to treat for underlying hazardous constituents, so that 
these standards clearly are applicable;
    (C) If the waste or waste mixture exhibits a characteristic for an 
organic hazardous constituent (so-called Toxicity Characteristic (TC) 
organic wastes), then the waste must meet the treatment standard for 
that constituent plus UTS for any organic underlying hazardous 
constituent. These are the current requirements set out in Part 268 for 
the waste and so are clearly applicable;

[[Page 64645]]

    (D) If the waste or waste mixture exhibits a characteristic for a 
metal, the waste would be exempt from subpart CC if it meets UTS for 
any organic underlying hazardous constituent which may be present. This 
result comes from the Chemical Waste Management opinion cited above 
(although the EPA has not yet amended the Part 268 rules to reflect the 
court's holding with respect to these wastes), and so can be viewed as 
applicable standards for purposes of the subpart CC exemption.
4. Examples
    A number of examples that illustrate the EPA intent and 
interpretation of the subpart CC LDR exemption are summarized below.
    1. F001 + F006. Listed organic plus listed inorganic. Meet 
treatment standards for organics in F001;
    2. F001 + D018. Listed organic plus organic TC. Meet treatment 
standards for F001, treatment standards for benzene, and treatment 
standards for any organic underlying hazardous constituent in the D018 
waste (or eliminate the D018 characteristic before the waste is managed 
in a tank, container or surface impoundment, in which case only the 
treatment standards for F001 waste would have to be satisfied for the 
exemption to apply);
    3. F001 + D008. Listed organic plus TC metal. Meet treatment 
standards for F001 plus treatment standards for any organic underlying 
hazardous constituents which may be present in the D008 waste (or 
eliminate the D008 characteristic before the waste is managed in a 
tank, container or surface impoundment, leaving the F001 standard as 
the applicable treatment standard);
    4. F006 + D018 + D008. Listed inorganic, TC organic, TC inorganic. 
Meet treatment standard for benzene and for organic underlying 
hazardous constituents in D018 and D008 wastes;
    5. F006. Ineligible for Sec. 264.1082(c)(4) exemption.
    There have also been questions regarding whether this LDR exemption 
applies to mixtures that would meet the organic constituent 
concentration limits specified for the hazardous wastes in the mixture 
but for the contribution of organic constituents from the 
decharacterized wastes in the mixture. The EPA interprets the rule so 
that the LDR exemption does not apply in these circumstances. First, 
the language of the rule refers to ``all hazardous waste placed in the 
unit'' having to meet the treatment standard, which logically means 
meeting the standard at the point the hazardous waste is placed in the 
unit. Second, it is reasonable to look at the point of mixing as a new 
point of waste origination in keeping with the overall thrust of the 
provision to reserve the exemption for wastes which actually are 
treated. See 54 FR at 26633 (June 23, 1989) where the EPA noted a 
similar view in the LDR context. The EPA also notes that this 
interpretation is consistent with other provisions of the rule where 
the Agency has indicated expressly that organic removal is to be 
evaluated in the context of each individual waste stream entering a 
treatment process. See section Sec. 265.1083(c)(2)(v)(C).
    The last issue addressed on this topic in today's preamble concerns 
the relationship of this exemption and treatment variances under the 
LDR program. The EPA notes that the exemption from subpart CC standards 
applies only to hazardous wastes that have been treated to meet the 
treatment standards set out in 40 CFR 268.40. This language excludes 
alternative standards which are established as part of the treatment 
variance process, which alternative standards are codified in 40 CFR 
268.44. This distinction is intentional. As the EPA recently noted in 
the rulemaking amending the treatment variance standards, it is 
possible that a treatment variance may result in a standard which does 
not fully remove volatile organics to the extent contemplated in 
creating the subpart CC exemption. For this reason, the EPA has 
indicated explicitly that such wastes may remain subject to the subpart 
CC rules. The EPA reiterates that approach here.
    The EPA is today amending the treatment demonstration provision for 
valuing waste analysis results below the limit of detection for an 
analytical method. In response to comments, EPA is today revising 
paragraphs (A) and (B) of Sec. 264.1082(c)(2)(ix) and 
Sec. 265.1083(c)(2)(ix). The change to paragraph (A) is being made in 
recognition that a relatively high blank value for Method 25D does not 
necessarily indicate that a waste stream has failed to meet the 
treatment demonstration requirements of Sec. 265.1083(c)(2)(i) through 
(vi). The blank value required in paragraph 4.4 of EPA Reference Method 
25D (codified in appendix A to 40 CFR part 60) is an indication of the 
organics contained in the Polyethylene Glycol, not the organics in the 
waste. For a Method 25D analytical result, the method instructs the 
operator to report the value of the instrument results minus the blank 
value. In a circumstance that the instrument results are higher than 
the blank value, the reported Method 25D result would not be non-
detect, but rather, would be a numerical concentration value. In 
circumstances that the instrument results are equal to the blank value, 
the reported result would be non-detect. In the circumstance resulting 
in a non-detect, the Agency does not consider it appropriate to require 
the facility owner or operator to compare the treatment results of 
paragraphs (c)(2)(i) through (vi) in Sec. 264.1082 and Sec. 265.1083 to 
one-half of the blank value, as was required by the regulatory 
requirement being revised today. Therefore, the Agency is adding a 
provision that allows the facility owner or operator to substitute a 
value of 25 ppmw for a non-detect Method 25D result, if one-half the 
Method 25D blank value is more than 25 ppmw. The Agency has selected 
the value of 25 ppmw because it represents 95 percent reduction of 
organics in a waste stream of 500 ppmw, the required percent reduction 
for a waste stream with a VO concentration equal to the action level 
for the subpart CC standards.
    No default value similar to the 25 ppmw value described here is 
included in the provisions for non-detect results in waste 
determinations performed to determine whether the hazardous waste is 
below 500 ppmw at its point of waste origination. See 265.1084(a)(3). 
Such a provision is necessary in situations where an owner or operator 
is attempting to demonstrate a process has achieved 95 percent 
reduction of organics, because the concentration of the stream exiting 
the process unit may need to be demonstrated to be as low as 25 ppmw. 
Such is not the case with waste determinations performed to demonstrate 
that the hazardous waste stream is below the subpart CC action level of 
500 ppmw, where the waste determination need only demonstrate that the 
waste is below 500 ppmw. The valuing of non-detects for waste 
determinations performed at the point of waste origination is discussed 
further in the following section of this preamble.
    The EPA is revising paragraph (B) of Sec. 264.1082(c)(2)(ix) and 
Sec. 265.1083(c)(2)(ix) to clarify the Agency's intent that the level 
of detection for an analytical method other than method 25D is the sum 
of the limits of detection for each of the regulated compounds in the 
waste sample. As previously written, the provision did not clearly 
indicate that for purposes of this subpart, only the detection limits 
for organic compounds with Henry's Law greater than or equal to 0.1 Y/X 
are required to be summed, to establish the limit of detection for an 
analytical method.

[[Page 64646]]

    The EPA is also adding a reference to organic hazardous 
constituents in paragraph (c)(4)(ii) of Sec. 264.1082 (which applies 
when the LDR standard is a designated method of treatment), to make 
clear that this provision requires treatment of organics. With this 
revision, Sec. 264.1082(c)(4)(ii) now conforms to 
Sec. 264.1082(c)(4)(i). A conforming change is being made to the 
requirement for interim status facilities, at Sec. 265.1083(c)(4)(ii).

D. Waste Determination Procedures

    Paragraphs in Sec. 264.1083(a)(2) and Sec. 265.1084(a)(2) are 
revised by changing ``The average VO concentration of a hazardous waste 
at the point of waste origination may be determined * * *'' to read as 
follows: ``For a waste determination that is required by paragraph 
(a)(1) of this section, the average VO concentration of a hazardous 
waste at the point of waste origination may be determined * * *'' This 
waste determination requirement was explained in Section VII.A.3, Waste 
Determination Procedures, of the preamble to the final rule (59 FR 
62915, December 6, 1994) as follows: ``A determination of the volatile 
organic concentration of a hazardous waste is required by the subpart 
CC standards only when a hazardous waste is placed in a tank, surface 
impoundment, or container subject to the rule that does not use air 
emission controls in accordance with the requirements of the rule. A 
TSDF owner or operator is not required to determine the volatile 
organic concentration of the waste if it is placed in a tank, surface 
impoundment, or container using the required air emission controls.'' 
Consistent with this statement, the EPA is slightly revising the 
current rule to make clear that the average VO concentration 
determination is required only for hazardous waste placed in a unit not 
using subpart CC air emission controls and not otherwise exempt from 
using subpart CC air emission controls.
    Today's action also revises Sec. 265.1084(a)(3)(ii)(B) to clarify 
the EPA's intent regarding the number of samples required for a waste 
determination. The amended paragraph states (as did the published rule 
language at Sec. 265.1084(a)(5)(iv)(A) (see 59 FR 62939, December 6, 
1994)), that the average of four or more sample results constitutes a 
waste determination for the waste stream. This amended paragraph 
further clarifies that one or more waste determinations may be needed 
to represent the average VO concentration over the complete range of 
waste compositions and quantities that occur during the entire 
averaging period (due to normal variations in the operating conditions 
for the source or process generating the hazardous waste stream). 
Therefore, to determine the average VO concentration of a waste stream 
generated by a process with large seasonal variations in waste 
quantity, or fluctuations in ambient temperature, several waste 
determinations (of four or more samples each) will be required.
    The affected public has been fully informed of the EPA's intent 
regarding the fact that four samples constitute a waste determination, 
and that one or more waste determinations may be needed to characterize 
the waste stream's VO concentration over the averaging period. To 
inform the public of the technical requirements and compliance options 
in the amended subpart CC RCRA air rules, the EPA conducted a series of 
six seminars during August and September of 1995 and an additional six 
seminars during August through November of 1996. During these seminars, 
the EPA presented a thorough discussion of the details associated with 
making a waste determination. (Refer to EPA RCRA Docket No. F-95-CE3A-
FFFFF, Item No. F-95-CE3A-S0017 and Docket No. F-96-CE3A-FFFFF.)
    In another clarifying revision, in each citation of Method 8260(B) 
and Method 8270(C) in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, the reference to 
version (B) or (C) is being deleted by today's action. The citations 
that are being revised were added by the November 25, 1996, final rule 
amendments (61 FR 59932) to the following paragraphs of Sec. 265.1084: 
(a)(3)(iii), (a)(3)(iii)(F), (a)(3)(iii)(G), (b)(3)(iii), 
(b)(3)(iii)(F), and (b)(3)(iii)(G).
    It was the EPA's intent that the current version of each of these 
methods, as applicable to the waste being measured, be used in making a 
waste determination, not necessarily the specific versions cited. At 
the time the November 25, 1996 amendments were published, the versions 
8260(B) and 8270(C) were only proposed methods; the published versions 
were 8260(A) and 8270(B). Specifying these particular versions was an 
inadvertent error, which is being corrected by today's action. As was 
stated in Section IV.F, Waste Determination Procedures, of the preamble 
to the final rule amendments (61 FR 59942, November 25, 1996), after 
extensive review, the EPA decided that as alternatives to using Method 
25D for direct measurement of VO concentration in a hazardous waste for 
the subpart CC RCRA air rules, it was appropriate to add Methods 624, 
625, 1624, and 1625 (all contained in 40 CFR part 136, appendix A) and 
Methods 8260(B) and 8270(C) (both in ``Test Methods for Evaluating 
Solid Waste, Physical/Chemical Methods'' in EPA publication SW-846) 
when these methods are used under certain specified conditions. It was 
noted that for each of these methods, there is a published list of 
chemical compounds which the EPA considers the method appropriate to 
measure. The owner or operator may only use these methods to measure 
compounds that are contained on the list associated with that method, 
unless specified validation procedures are also performed. It was 
further noted that for the purpose of a waste determination, the owner 
or operator must evaluate the mass of all VO compounds in a waste that 
have Henry's Law value above the 0.1 Y/X value. Therefore, it is the 
EPA's position that the owner or operator is responsible for 
determining that the analytical method being used for a waste 
determination is sufficient to evaluate all of the applicable organic 
compounds that are contained in the waste.

    (Note: Today's action includes a revised list of known compounds 
with a Henry's Law value less than or equal to 0.1 Y/X, contained in 
appendix VI of subpart 265; the revisions correct typographical 
errors, and format the list to be alphabetical.)

    Also in today's action, a printing error that placed 
Sec. 265.1084(a)(3)(iii)(A) at the end of Sec. 265.1084(a)(3)(iii) has 
been corrected. In addition, in the November 25, 1996 final rule 
amendments, because of a typographical error in 
Sec. 265.1084(a)(3)(iii)(G), the words ``introduction and analysis'' 
were omitted from the sample handling steps for which site-specific 
procedures must be documented in the quality assurance program to 
minimize the loss of compounds due to volatilization, biodegradation, 
reaction, or sorption. Today's amendments revise 
Sec. 265.1084(a)(3)(iii)(G) to read as follows: ``Documentation of site 
specific procedures to minimize the loss of compounds due to 
volatilization, biodegradation, reaction, or sorption during the sample 
collection, storage, preparation, introduction, and analysis steps.''
    Several commenters have stated that the subpart CC provisions for 
treatment of non-detect values in the analysis of treated waste 
samples, contained in Secs. 264.1082(c)(ix) and 265.1083(c)(2)(ix), 
should also apply to waste determinations at the point of waste 
origination, for purposes of determining compliance with the 500 ppmw 
VO concentration action level of the standards. Commenters requested

[[Page 64647]]

this application of the non-detect policy to waste determinations 
because a waste determination consists of the average of four or more 
samples, and some of the samples analyzed may yield results that are 
below the analytical method's limit of detection. The commenters' 
concern is the same rationale that led EPA to amend the provisions at 
sections 264.1082 and 265.1083 in the November 25, 1996 final rule 
amendments; without such a provision, the owner or operator does not 
have a way to assign a numeric value for a non-detect reading, when 
computing the average of four or more waste samples to calculate a 
waste determination. The same logic applies to both circumstances, and 
it was obviously an oversight that EPA did not include this provision 
in the November 25, 1996 final rule amendments. Thus, the EPA is today 
adding to the waste determination provisions at 
Sec. 265.1084(a)(3)(iv), a provision for valuing non-detect analytical 
results. The new rule language provides the appropriate guidance on the 
valuing of non-detects in the calculation of the average of four or 
more samples for a waste determination.

    (Note: A corresponding amendment is not required at 
Sec. 265.1084(b)(3)(iv) for treated hazardous waste because those 
rules, specifically Sec. 264.1082(c)(2)(ix) and 
Sec. 265.1083(c)(2)(ix), contain provisions for valuing non-detects 
when determining performance of an organic destruction or removal 
process.)

    The EPA today is also amending regulatory language to reflect a 
clarification that was addressed in the November 25, 1996 rulemaking 
preamble (61 FR at 59943), but was inadvertently omitted from the 
regulatory text. This amendment adds two new paragraphs to the waste 
determination provisions, Sec. 265.1084 (a)(3)(v) and (b)(3)(v), to 
state that EPA would determine compliance with the subpart CC 
regulations based on the same test method used by the facility owner or 
operator, provided the owner or operator had used a test method 
appropriate for the waste. The appropriateness of an analytical method 
is described in paragraphs Sec. 265 (a)(3)(iii) and (b)(3)(iii), 
respectively. The November 25, 1995 preamble to the final rule 
amendments (61 FR 59943) stated that, ``* * * as long as one of the 
allowable test methods is being used for direct measurement of the VO 
concentration of a hazardous waste, the EPA would only enforce against 
the facility on that basis (i.e., using the same test method), unless 
the method used is not appropriate for the hazardous waste managed in 
the unit.'' Today's amendments add a paragraph to the analysis section 
of the final rule's waste determination procedures at Sec. 265.1084 (a) 
and (b) to codify this intended provision.
    As published in the November 25, 1996 final rule amendments (61 FR 
59975), paragraph 265.1084(a)(4)(iv) provides that the results of a 
direct measurement of average VO concentration shall be used to resolve 
a disagreement between the Regional Administrator and the owner or 
operator regarding a determination of the average VO concentration of a 
hazardous waste stream using knowledge. To clarify that in such cases 
where there is disagreement regarding use of knowledge, the owner or 
operator has the discretion to choose an appropriate test method or 
methods, the following sentence has been added to 
Sec. 265.1084(a)(4)(iv): ``The owner or operator may choose one or more 
appropriate methods to analyze each collected sample in accordance with 
the requirements of paragraph (a)(3)(iii) of this section.''
    The EPA is also clarifying the waste determination requirements for 
treated wastes. Prior to today's amendment, the subpart CC regulatory 
text required analysis of all treated waste. As explained below, a 
waste determination is unnecessary for a waste treated by either a 
boiler or industrial furnace (BIF) operated in accordance with subpart 
H to 40 CFR part 266, or a hazardous waste incinerator operated in 
accordance with subpart O to 40 CFR parts 264 or 265; the EPA is 
amending the rule to clarify this. Today's action revises paragraph 
(b)(1) of Secs. 264.1083 and 265.1084 to require that the owner or 
operator perform the applicable waste determination for each treated 
hazardous waste placed in a waste management unit exempted under the 
provisions of paragraphs (c)(2)(i) through (c)(2)(vi) of Secs. 264.1082 
and 265.1083, respectively. Those specific paragraphs are cited in 
today's amended rule language to clarify that a waste determination is 
only required for a hazardous waste placed in a waste management unit 
exempted under one of the treatment demonstration options that is a 
performance standard, as opposed to an equipment specification 
standard. As was noted in Section VII.A.2.b, Treated Hazardous Waste, 
of the final rule preamble (59 FR 62914, December 6, 1994), provisions 
for hazardous waste treatment are specified in the subpart CC standards 
for the following processes: (1) An organic destruction, biological 
degradation, or organic removal process that reduces the organic 
content of the hazardous waste and is designed and operated in 
accordance with certain conditions specified in the rule; (2) a 
hazardous waste incinerator that is designed and operated in accordance 
with the requirements of 40 CFR part 264 subpart O or 40 CFR part 265 
subpart O; or (3) a BIF that is subject to the requirements of 40 CFR 
part 266 subpart H.
    Under today's amendments to the rule, the EPA is clarifying its 
original intent, that a waste determination is required only for a 
treated hazardous waste placed in a waste management unit, if the unit 
is exempt from air emission control requirements under provisions 
contained in paragraphs (c)(2)(i) through (c)(2)(vi) of Secs. 264.1082 
and 265.1083. The EPA requires waste demonstrations for those treatment 
demonstration options to ensure that the treatment conditions specified 
in subpart CC have been met. As explained in the December 1994 final 
rule preamble (59 FR at 62914, December 6, 1994), the waste 
demonstration results are required to indicate that a sufficient mass 
of organic constituents have been removed or destroyed from a regulated 
waste stream, prior to it being placed in a hazardous waste management 
unit that is not equipped with air emission controls. The treatment 
demonstration options listed in paragraphs (c)(2)(i) through (viii) of 
Secs. 264.1082 and 265.1083 are based on the treatment process 
achieving a 95% reduction by weight of organic constituents in the 
waste. For the provisions of (c)(2)(i) through (c)(2)(vi) of 
Secs. 264.1082 and 265.1083, the treatment process is not specified in 
the regulation; rather the requirement is based on the removal 
efficiency of the treatment process. Thus, to demonstrate compliance, 
EPA considers it necessary that the owner or operator perform waste 
determinations to demonstrate the appropriate removal efficiency has 
been achieved. However, the treatment demonstration provisions of 
paragraph (c)(2)(vii) in Secs. 264.1082 and 265.1083 require that the 
hazardous waste be treated in an incinerator that is designed and 
operated in accordance with the requirements of subpart O in 40 CFR 
part 264 or part 265; and the treatment demonstration provisions of 
paragraph (c)(2)(viii) in Secs. 264.1082 and 265.1083 require that the 
hazardous waste be treated in a BIF that is designed and operated in 
accordance with the requirements of 40 CFR part 266, subpart H. The EPA 
considers compliance with those combustion standards to be sufficient 
demonstration that the organics in the waste will be destroyed by 95 
percent or more, by weight, and does not consider a waste

[[Page 64648]]

determination necessary. The EPA has consistently given verbal guidance 
that waste determinations are not required for waste treated in the 
above-mentioned specific units, and is today making an amendment to the 
regulatory text to make the regulatory requirements consistent with 
this guidance.
    In a further clarification, the EPA intended that the owner or 
operator use the same test method to determine the average VO 
concentration at the point of waste treatment as is used at the point 
of waste origination, if these values are to be used to determine the 
effectiveness of a treatment system. As was stated in Section IV.F, 
Waste Determination Procedures, of the preamble to the final rule 
amendments (61 FR 59942, November 25, 1996), ``The main point that must 
be reemphasized regarding direct measurement of VO concentration is 
that, although the EPA is amending the rule to allow various test 
methods other than Method 25D to be used in a waste determination, the 
owner or operator must use a test method(s) that is appropriate for the 
compounds contained in the waste. The method(s) used for the waste 
determination must be suitable for and must reflect or account for all 
compounds in the waste with a Henry's Law constant equal to or greater 
than 0.1 Y/X at 25 degrees Celsius.''
    Since the effectiveness of a waste treatment process must be judged 
on the basis of the process's capacity to reduce the organics in waste 
relative to their concentration at the point of waste origination or at 
the point of entry to the treatment system, the method(s) used for the 
waste determination at the point of waste treatment must be appropriate 
to detect and measure the compounds in the waste at the point of waste 
origination; to put the measurements on a common basis and provide an 
accurate comparison, the EPA considers it necessary that the method(s) 
used at the point of waste origination must be the same as the 
method(s) used at the point of waste treatment. To clarify this 
requirement, which the EPA has heretofore considered implicit, the 
following sentence is being added to Sec. 265.1084(b)(3)(iii): ``When 
the owner or operator is making a waste determination for a treated 
hazardous waste that is to be compared to an average VO concentration 
at the point of waste origination or the point of waste entry to the 
treatment system, to determine if the conditions of 
Sec. 264.1082(c)(2)(i) through (c)(2)(vi) or Sec. 265.1083(c)(2)(i) 
through (c)(2)(vi) are met, then the waste samples shall be prepared 
and analyzed using the same method(s) as were used in making the 
initial waste determination(s) at the point of waste origination or at 
the point of entry to the treatment system.'' (Only the waste 
determination provisions in part 265 are being revised in connection 
with this rule clarification and the following rule clarification, 
because the subpart CC waste determination protocols are contained in 
part 265, and the part 264 standards cross-reference part 265.)
    Because of a printing error, the equations for calculating the 
actual organic mass removal rate in Sec. 265.1084(b)(8)(iii) and for 
calculating the actual organic mass biodegradation rate in 
Sec. 265.1084(b)(9)(iv) were out of place in the November 25, 1996 
amendments (61 FR 59978). This document corrects the placement of these 
equations.
    In a further clarification to the waste determination procedures of 
subpart CC, paragraph 265.1084(d)(5)(ii) required that a mixture of 
methane in air at a concentration of approximately, but less than, 
10,000 ppmw be used to calibrate the detection instrument used to 
determine no detectable organic emissions. It was the EPA's intent that 
the calibration procedure be consistent with the procedure specified in 
the subpart BB equipment leak test methods and procedures at 
Secs. 264.1063 and 265.1063, as they reference the same monitoring 
procedure. Paragraph (b)(4)(ii) of Secs. 264.1063 and 265.1063 
specifies that calibration gases for the detection instrument shall be, 
``A mixture of methane or n-hexane and air at a concentration of 
approximately, but less than 10,000 ppm methane or n-hexane. Consistent 
with this requirement, today's action revises the requirement for 
calibration gases in parts 264 and 265 to provide the owner or operator 
the choice of using a mixture of methane or n-hexane and air.

E. Standards: Tanks

    Commenters have questioned whether a facility owner or operator is 
permitted to install a closure device on a tank manifold system or 
header vent when a series of tanks have their vents (i.e., tank 
openings) connected to a common header. In many tanks systems, tank 
vents are connected to a manifold or central header, and a closure 
device (or pressure/vacuum device such as a conservation vent) is 
installed on the header rather than on the individual tanks. Prior to 
today's amendment, the subpart CC level 1 tank requirements at 
paragraph (2)(2)(iii) in Sec. 264.1084 and Sec. 265.1085 could have 
been interpreted to require that each opening on a Level 1 tank fixed 
roof must be either equipped with a closure device or connected through 
a closed-vent system to a control device, with no allowance for the 
closure device or pressure/vacuum device to be installed on the tank 
manifold system. The EPA did not intend the regulatory requirement to 
disallow a closure device or pressure/vacuum device from being 
installed on a tank manifold system. The EPA is aware that such tank 
manifold or vent header systems provide a degree of emissions reduction 
which is derived from vapor balancing between tanks during unloading 
and inter-tank transfers; the EPA clearly did not intend to discourage 
their use. The EPA is therefore amending the subpart CC tank standards 
to provide that a closure device can be installed on a manifold vent 
header for Level 1 tanks, by revising paragraph (c)(2)(iii) in 
Sec. 264.1084 and Sec. 265.1085.
    In the November 25, 1996 final rule amendments, the EPA promulgated 
a provision that allowed a facility to install and operate air emission 
control devices on Level 1 tanks. As published, the regulatory language 
for that provision inadvertently made it mandatory that these control 
devices be operating at all times when hazardous waste is managed in 
the tank, even at times of routine maintenance. The EPA is amending the 
rules today to clarify that the control device is not required to be 
operating during specified periods, including those instances it is 
necessary to provide access to the tank for performing routine 
inspections, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port or hatch to maintain or repair equipment. 
Paragraph (B) is being revised in Sec. 264.1084(c)(2)(iii) and 
Sec. 265.1085(c)(2)(iii) to better convey this intent.
    In the amendments to the final rule published on November 25, 1996 
(61 FR 59944), the preamble at Section G. Standards: Tanks that 
discussed the revisions to the subpart CC tank standards, stated ``* * 
* an option is being provided allowing the use of an enclosure vented 
through a closed-vent system to an enclosed combustion device or a 
control device designed and operated to reduce the total organic 
content of the inlet vapor stream by at least 95 percent by weight,'' 
in order to comply with the tank level 2 air emission control 
requirements. However, the latter portion of this statement was 
incorrect and the EPA is clarifying that it was the EPA's intent that 
only enclosed combustion devices can be used as control devices under 
this alternative to comply with the Tank

[[Page 64649]]

Level 2 air emission control requirements. It should also be noted that 
the regulation as amended by the November 25,1996 Federal Register 
document (at Secs. 264.1084(d)(5) and 265.1085(d)(5)) was correct and 
did not contain the statement regarding the use of a (non-combustion) 
``control device designed and operated to reduce the total organic 
content of the inlet vapor stream by at least 95 percent by weight.'' 
Since publication of the November 25, 1996 preamble, the EPA has 
consistently and repeatedly provided verbal clarification in all forums 
where the subject of level 2 tank enclosures has been raised, that the 
noted preamble text is incorrect, and that level 2 tanks operated 
inside an enclosure must be vented to an enclosed combustion device. 
The EPA provided this information publicly at each of the six seminars 
EPA conducted in September through December of 1996; additionally, an 
industry trade association provided this same clarification at the two 
seminars the industry trade group conducted in March and April of 1997 
(these seminars are discussed in the Background section of today's 
preamble). Additionally, the requirement for enclosed combustion 
devices on level 2 tank enclosures was strongly affirmed in the 
accompanying printed materials for each of these EPA and industry trade 
group seminars; those printed materials were distributed to all seminar 
attendees, and to additional members of EPA and the regulated 
community, for informational purposes and peer review. Further, the 
RCRA Hotline has been clarifying the regulatory text requirement for 
enclosed combustion devices to callers who have raised the topic to 
Hotline representatives. The requirement for enclosed combustion 
devices on level 2 tank enclosures is not being amended by today's 
action. However, the EPA is currently considering a future amendment to 
this requirement that would allow owners or operators to operate a 
Level 2 tank enclosure vented to an alternate control device, provided 
they make certain site-specific demonstrations. The reason EPA 
currently requires enclosure emissions to be vented to an enclosed 
combustion device is because organic concentrations in air within the 
enclosure are very dilute, due to the inherent dilution in the 
enclosure, and are often less than 100 ppm organics by volume. It is 
not clear to the EPA that control devices other than enclosed 
combustion devices, can reduce organics in such a dilute vent stream by 
the 95 percent control efficiency required the subpart CC standards. 
The EPA has agreed to investigate the possibility whereby a facility 
could make a case-by-case demonstration of a non-combustion control 
device efficiency; the EPA would require the demonstration to show that 
a mass of organics would be removed from a given waste, using a 
particular enclosure and control device, equivalent to 95 percent 
reduction of organics in the tank headspace, if the tank were to be 
equipped with a discreet cover. Though such a demonstration would 
likely be fairly detailed and costly, commenters have indicated that 
they would be interested in pursuing such an option if it were included 
in the subpart CC tank enclosure requirements. The EPA considers that 
such an equivalency would be consistent with the existing tank 
standards; if a technically feasible and verifiable equivalency 
demonstration technique can be developed, this could be a reasonable 
alternative to the requirement for enclosed combustion devices under 
the Level 2 tank enclosure control option. The EPA will continue to 
investigate this option, and if a viable approach can be developed, 
will publish a future amendment to incorporate it into the subpart CC 
Level 2 tank standards.
    The EPA has received inquiries as to whether doors are allowed to 
be open on level 2 tank enclosures, and how doors are regarded under 
the provisions for natural draft openings (NDO) in the ``Procedure T--
Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, appendix B (``Criteria T'') 
requirements. The Criteria T evaluation of NDO is intended to evaluate 
the effectiveness of the enclosure at capturing emissions from within 
the enclosure. Therefore, for purposes of Criteria T, the evaluation of 
the enclosure must be conducted on the enclosure as it is operated 
during hazardous waste management operations. If the enclosure has a 
door that is closed during waste operations, then the open doorway 
would not be considered an NDO; however, cracks or openings that exist 
around the door when it is closed would be considered NDO. Doors on 
enclosures are often very large, to accommodate waste transportation 
vehicles; thus, the effectiveness of an enclosure is severely altered 
by the positioning of such a door. Obviously, if a door is normally 
open during times when hazardous waste is managed in the enclosed tank, 
the open doorway would be considered an NDO.
    By this clarification, the EPA is not precluding the opening of 
enclosure doors. The EPA considers it appropriate to allow enclosure 
doors to be open for the same circumstances that tank covers can be 
open under paragraph 265.1085(g)(2)(i)(A) and similar paragraphs for 
tanks equipped with fixed roofs--when necessary to provide access to 
the tank for performing routine inspection, maintenance, or other 
activities needed for normal operations. Also commensurate with 
paragraph 265.1085(g)(2)(i)(A), following completion of the activity, 
the owner or operator should promptly secure the door in the position 
it was in during the evaluation of the NDO.
    It also warrants clarification that the enclosure door (and other 
openings not accounted for as Criteria T NDO) must be closed at all 
times that hazardous waste is managed in the enclosed tank (unless the 
tank is exempt from subpart CC air emission control requirements), not 
just when waste is being treated in the tank. The EPA considers it 
inherently obvious within the tank standards that the enclosure around 
a tank must be operated in the same manner in which it was evaluated 
for the Criteria T requirements. Specifically, paragraphs 
Sec. 264.1084(i)(1) and Sec. 265.1085(i)(1) require that the enclosure 
be designed and operated in accordance with the Criteria T.
    The EPA recognizes that it is not feasible to require all waste 
transfer to and from a tank enclosure to be conducted by enclosed 
transfer systems. However, the EPA does consider it reasonable to 
interpret the provisions of Sec. 264.1084(i)(1) and Sec. 265.1085(i)(1) 
to require that the enclosure be operated in the same manner in which 
it was evaluated for compliance with Criteria T. Thus, the EPA is 
clarifying that enclosure doors and other openings not evaluated as NDO 
shall be closed when hazardous waste is managed inside the enclosure, 
except when it is necessary to open the door or opening for waste 
transfer, equipment access, or worker access.
    In the December 6, 1994 final regulation, the regulatory text at 
Secs. 264.1084(g) and 265.1085(g) allowed that an owner or operator may 
install and operate a safety device on tank covers, closed-vent systems 
and control devices. The amendments published on November 25, 1996 
amended the tank requirements; in those amendments, the provision for 
safety devices was inadvertently omitted from the tank requirements for 
floating roof covers. Today's action adds new paragraphs 
264.1084(e)(4), 264.1084(f)(4), 265.1085(e)(4), and 265.1085(f)(4) 
stating that safety devices are allowed

[[Page 64650]]

on both internal and external floating roof tank covers.
    Today's action amends Sec. 264.1084(f)(3)(iii) to correct a 
typographical error. The sentence ``Prior to each inspection required 
by paragraph (f)(3)(i) or (f)(3)(ii) of this subpart * * *'' is revised 
to read as follows, ``Prior to each inspection required by paragraph 
(f)(3)(i) or (f)(3)(ii) of this section * * *'' Also, to correct 
another typographical error in Sec. 264.1084(f)(3)(i)(D)(4) and 
Sec. 265.1085(f)(3)(i)(D)(4), the phrase ``* * * and then dividing the 
sum for each seal type by the nominal perimeter of the tank.'' is 
revised to read as follows ``* * * and then dividing the sum for each 
seal type by the nominal diameter of the tank.''
    In the November 25, 1996 final rule amendments (61 FR 59932), an 
exemption from the control requirements of subpart CC was added for a 
tank, surface impoundment, or container for which all the hazardous 
waste placed in the unit meets the Land Disposal Restrictions (LDR) as 
specified in Secs. 264.1082(c)(4) and 265.1083(c)(4). However, the EPA 
inadvertently failed to add this exemption based on meeting applicable 
LDR treatment standards to the exemption from the closed system 
transfer requirements. Today's change adds paragraph (iii) under 
Secs. 264.1084(j)(2) and 265.1085(j)(2) to correct this oversight. It 
was originally the EPA's intent to make this conforming amendment for 
closed system transfer requirements in the November 25, 1996 action. 
The basic structure of the subpart CC rule is that once a hazardous 
waste is subject to the provisions of the rule, all containers, tanks, 
and impoundments managing the waste are subject to the rule's 
requirements. However, once a waste is treated to destroy or remove 
organics in a manner specified in the rule, downstream tanks, 
containers, and surface impoundments are not subject to the subpart CC 
air requirements to operate the units with covers and/or control 
devices.

(Note: Recordkeeping, monitoring, reporting and testing requirements 
may apply to those downstream units.) See Section VII.A.2.b, Treated 
Hazardous Waste, of the preamble to the final rule (59 FR 62914, 
December 6, 1994). The EPA inadvertently failed to codify this core 
principle for closed system transfer and is correcting the omission 
in today's rule.

F. Standards: Surface Impoundments

    Today's action corrects a typographical error in 
Secs. 264.1085(b)(2) and 265.1086(b)(2) by revising the phrase ``* * * 
paragraph (d) of this sections.'' to read ``* * * paragraph (d) of this 
section.'' Also, the EPA is clarifying the requirements of 
Secs. 264.1085(d)(1)(iii) and 265.1086(d)(1)(iii) by making a non-
substantive editing change. ``Factors to be considered when selecting 
the materials for * * *'' is redrafted to read ``Factors to be 
considered when selecting the materials of construction * * *'' To 
correct another typographical error in Secs. 264.1085(d)(2)(i)(B) and 
Sec. 265.1086(d)(2)(i)(B), ``To remove accumulated sludge or other 
residues from the bottom of surface impoundment.'' is revised to read, 
``To remove accumulated sludge or other residues from the bottom of the 
surface impoundment.''
    As is discussed regarding tanks, in Section E of this preamble, the 
EPA inadvertently failed to add the exemption for hazardous wastes that 
have been treated to meet applicable LDR treatment standards to the 
exemption from the closed system transfer requirements for hazardous 
waste that is transferred to a surface impoundment. Today's action adds 
this exemption to the exemptions from closed system transfer 
requirements in Secs. 264.1085(e)(2)(iii) and 265.1086(e)(2)(iii).

G. Standards: Containers

    The EPA has received comments from the regulated community 
regarding the inspection requirements for containers; these comments 
clearly indicate a wide-spread misinterpretation of the rule 
requirements relevant to container inspections. Numerous commenters 
referenced in their statements to the EPA that the language in 
Sec. 264.1086(c)(4)(i) and (d)(4)(i), and the corresponding paragraphs 
in 40 CFR part 265, require a visual inspection to occur within 24 
hours after acceptance of each regulated container which is transported 
to a regulated facility and which contains hazardous waste at the time 
it arrives at the facility. They also noted that the requirement for an 
inspection to be conducted within a 24-hour time frame is unnecessarily 
burdensome in some limited and infrequent situations.
    The visual container inspection requirement is intended to provide 
means for the facility owner or operator to ensure that the container 
has no visible openings or gaps through which organics could be 
emitted; see Section IV.I.3 of the preamble, 61 FR 59948, November 25, 
1996. The amended container regulations published November 25, 1996, 
did not specify the time frame in which the initial visual inspection 
must be conducted. The regulation states, ``In the case when * * * the 
container is not emptied (i.e., does not meet the conditions for an 
empty container as specified in 40 CFR 261.7(b)) within 24 hours after 
the container is accepted at the facility, the owner or operator shall 
visually inspect the container * * *'' The 24-hour period in the rule 
language refers to the time limit on emptying the container that 
triggers the visual inspection; the rule language in 
Sec. 265.1087(c)(4)(i) and (d)(4)(i), and the corresponding paragraphs 
in 40 CFR part 265, as published in November 1996, do not specify the 
time frame in which the visual inspections must be conducted. However, 
it is the intent of the EPA that the initial inspection be subject to 
the same time requirements as were set out in the December 6, 1994, 
final regulation (see 40 CFR 265.1089(f)(1) of the December 6, 1994 
published regulation (at 59 FR 62947)). Specifically, the container 
inspection must be conducted on or before the date that the container 
is initially subject to the subpart CC container standards. Thus, for a 
container with hazardous waste that is transported to a regulated 
facility, the inspection of the container is required on or before the 
date that the container is accepted at the facility.
    In those situations where it would be infeasible to inspect a 
container on the date it is accepted at the facility, for the purpose 
of compliance with the subpart CC container standards, it would be 
acceptable for the container to be inspected prior to that date. For 
example, if an owner or operator of an affected facility accepts a 
shipment of containers that arrives at the TSDF on a truck, and the 
TSDF owner or operator is unable to conduct a visual inspection of the 
containers at the time of acceptance of the container shipment, it is 
acceptable under the rule to have the generator or transporter perform 
the visual inspection of the individual containers before or during 
loading of the containers onto the truck for transport to the affected 
facility. The transporter or generator could provide the recipient TSDF 
with some level of information (e.g., written documentation) to confirm 
the inspection has been conducted on or before the date that the 
container is accepted at the facility. It is likely that the TSDF owner 
or operator would then perform their own visual inspection when 
possible, (e.g., at the time that the containers are unloaded from the 
truck at the TSDF). The EPA considers the use of generator or 
transporter supplied information to comply with the visual inspection 
requirements similar to owner or operator use of generator

[[Page 64651]]

information regarding the organic content of a hazardous waste as a 
means to comply with the waste determination (i.e., VO concentration 
determination) requirements of the rule. It should be noted that in 
either case, it is ultimately the responsibility of the owner or 
operator of the affected facility to be in compliance with all the 
applicable regulatory requirements. The EPA is amending the language in 
Sec. 264.1086(c)(4)(i) and (d)(4)(i), and the corresponding paragraphs 
in 40 CFR part 265, to clarify that the 24-hour period noted in the 
rule refers to the time frame for emptying a container, and that this 
24-hour criterion then triggers the need for a visual inspection that 
must be conducted on or before the date that the container is accepted 
at the facility.
    The amendment to Secs. 264.1086 (c)(4)(i) and (d)(4)(i), and the 
corresponding language in part 265, also clarify the phrase ``accepted 
at the facility.'' For the purposes of this inspection requirement for 
containers, the date of acceptance is the date of signature that the 
facility owner or operator enters on Item 20 of the Uniform Hazardous 
Waste Manifest of the appendix to 40 CFR part 262 (EPA Form 8700-22), 
as required under subpart E of this part, at Sec. 264.71 and 
Sec. 265.71. The instructions to EPA Form 8700-22 at Item 20, Facility 
Owner or Operator: Certification of Receipt of Hazardous Materials 
Covered by This Manifest Except as Noted in Item 19, state, ``Print or 
type the name of the person accepting the waste on behalf of the owner 
or operator of the facility. That person must acknowledge acceptance of 
the waste described on the Manifest by signing and entering the date of 
receipt.'' The EPA considers acceptance of the waste to occur at the 
time of manifest signature. This has been the EPA's consistent 
interpretation of this phrase, and is the guidance that EPA has 
supplied both verbally and in written seminar materials.
    The EPA has received questions regarding when the opening of a 
cover or closure device is allowed on containers. Several of these 
questions have concerned the opening of the vent on vacuum trucks 
during loading operations and the opening of containers vents to allow 
venting of vapors for the purpose of worker safety. With regard to 
vacuum trucks, the EPA has always intended the subpart CC final rules 
to allow containers to vent emissions directly to the atmosphere during 
filling operations. This would include use of a vacuum system to fill a 
tank truck (i.e., a container under RCRA). Although the December 6, 
1994 final rules only allowed the opening through which waste was 
transferred to be open during waste transfer, this was inadvertent; the 
EPA intended to allow venting during waste transfer operations, either 
through the opening through which the waste is transferred, or through 
a second opening that would serve as a vent. To this effect, the EPA 
amended the subpart CC rules on February 9, 1996 to clarify this point 
(see 61 FR 4909). The fact that EPA is not requiring control of vacuum 
trucks is also discussed in the document Hazardous Waste Treatment, 
Storage, and Disposal Facilities--Background Information for 
Promulgated Organic Air Emission Standards for Tanks, Surface 
Impoundments, and containers; see EPA-453/R-94-076b, November 1994, 
Section 6.6.5. where it is clear that the EPA is fully aware that a 
practical means of controlling the exhaust from the vacuum pump on a 
vacuum truck has not been demonstrated. The EPA is now reiterating that 
these types of systems are allowed under the subpart CC container 
rules.
    In response to commenters, EPA is providing clarification that 
venting of containers for worker safety is also allowed under the 
subpart CC container rules. Provision (iii) of Secs. 264.1086(c)(3) and 
265.1087(c)(3), which allows opening of a closure device or cover when 
access inside is needed, would allow the owner or operator to vent a 
container prior to sending a worker into a tanker or other container 
for clean-out. This type of venting is necessary to avoid an unsafe 
condition when entering a confined space. For example, venting both 
before and during the cleaning operations is needed to reduce the 
organic vapor concentration below the lower explosive limit (LEL) for 
worker safety. In addition, provision (v) of Secs. 264.1086(c)(3) and 
265.1087(c)(3), which allows opening of a safety device at any time 
clearly shows the EPA intent regarding the implementation measures 
necessary to avoid an unsafe condition. The EPA considers that the 
current rule language allows this type of venting for maintenance of 
worker safety, and is providing this preamble discussion in response to 
requests from commenters.
    An additional interpretive clarification is required, regarding the 
transfer requirements to, from, and among hazardous waste containers, 
specifically when transfers occur in conjunction with hazardous waste 
stabilization operations.
    The first clarification addresses whether the addition of sorbent 
materials is considered to be waste stabilization for the purposes of 
compliance with subpart CC, and thus, whether such activities are 
required to be conducted in containers equipped with level 3 controls. 
There has been specific inquiry as to whether the subpart CC level 3 
container standards apply in situations where an owner or operator 
``transfers'' hazardous waste from one container, such as a bulk 
container or roll off box, to a second unit, and adds the sorbent to 
the waste after each scoop of waste is placed in the second unit. The 
container standards at Sec. 264.1086(b)(2) state that, ``* * * the 
owner or operator shall control air pollutant emissions from the 
container in accordance with the Container Level 3 standards specified 
in paragraph (e) of this section at those times during the waste 
stabilization process when the hazardous waste in the container is 
exposed to the atmosphere.'' In its definition of waste stabilization 
at 40 CFR 265.1081, the EPA has stated that stabilization includes the 
elimination of free liquids, but does ``not include the adding of 
absorbent materials to the surface of a waste, without mixing, 
agitation, or subsequent curing, to absorb free liquid.'' The 
associated preamble language clearly defined what activities EPA was 
excluding from the waste stabilization definition. See 61 FR at 4905, 
February 9, 1996. That preamble discussion stated, ``The EPA is also 
amending the term ``waste stabilization'' to specifically exclude the 
process of adding non-reactive absorbent material to the surface of a 
waste. The EPA recognizes that to meet certain criteria under the Land 
Disposal Restrictions, or to prevent the introduction of liquid into 
certain combustion devices, owners or operators apply absorbent 
material to the surface of wastes just prior to disposal. In such 
procedures, the container is opened, absorbent material is placed on 
the surface of the waste to absorb a relatively small amount of liquid, 
and the container is closed. No mixing or agitation is involved in the 
process.''
    It is clear from the text of the regulation, as well as the 
February 9, 1996 preamble discussion, that addition of absorbent, even 
with very limited mixing or agitation, must be performed in compliance 
with the container level 3 standards. In fact, this is the literal 
meaning of the provision--such ``transfer'' operations result in mixing 
of the sorbent material with the waste, a condition that qualifies as 
waste stabilization under subpart CC, and requires container level 3 
controls. (See also the discussion of the EPA's intentions regarding 
requirements for containers in the February 9, 1996

[[Page 64652]]

preamble at 61 FR 4903, which makes clear that a hazardous waste 
transfer operation conducted as described above would not satisfy the 
EPA's stated intent with regard to the general transfer requirements of 
the container standards. Therefore, the type of transfer operation 
described above can only occur if the containers meet the container 
level 3 requirements. The EPA repeats that this requirement has a sound 
environmental basis. Containers would remain open to the environment 
during such operations, and the volatile hazardous constituents will be 
released. The reaction of the sorbent materials with the hazardous 
waste would, in fact, be likely to increase the volatilization of the 
organics in the waste, while the container would remain uncovered as 
subsequent layers of waste and sorbent were applied. Such a situation 
would result in organic emissions that the EPA considers most 
appropriately controlled under the container level 3 requirements, and 
the rules so require.
    The EPA recognizes, however, that there are circumstances where 
addition of sorbent is not stabilization and therefore will not trigger 
subpart CC container standards. This is why the rule states that 
stabilization ``does not include the adding of absorbent materials to 
the surface of a waste, without mixing, agitation, or subsequent 
curing, to absorb free liquid.'' The chief example EPA has provided of 
such an activity is addition of sorbent just prior to the final 
disposition of the material (the situation given in the February 9, 
1996 preamble discussion). Other examples would involve situations 
where tanks are covered immediately after addition of sorbent and stay 
covered thereafter.
    Examples could occur when sorbent is added to a container at the 
end of a work day, or at the final completion of a waste transfer. The 
EPA's technical basis for allowing sorbent material to be placed on the 
waste surface in these limited situations, we repeat, is that any 
potential for volatilization to the atmosphere of the organics in the 
waste would be prevented by the immediate application of the container 
cover.
    A similar issue has come to the attention of EPA, regarding the 
container standards at Sec. 264.1086(d)(2) and Sec. 265.1087(d)(2), 
which require that transfer of hazardous waste in or out of a container 
``* * * be conducted in such a manner as to minimize exposure of the 
hazardous waste to the atmosphere, to the extent practical * * *'' This 
provision was an amendment to the more extensive transfer requirements 
that were promulgated in the December 6, 1994 rule. The November 25, 
1996 amendment also revised the tank and surface impoundment transfer 
requirements such that only transfer between and among subpart CC-
regulated tanks and surface impoundments are required to be conducted 
in an enclosed transfer system. This amendment was made in recognition 
that it is often impractical for waste in containers to be transferred 
to tanks or surface impoundments through an enclosed system. However, 
it is the EPA's intent that transfer of hazardous waste among 
containers, and between containers and surface impoundments or tanks, 
be conducted in a manner to minimize waste exposure to the atmosphere. 
See Sec. 264.1084(j), Sec. 264.1085(e), Sec. 264.1086(d)(2) and 
corresponding paragraphs in part 265.
    Members of the regulated community have questioned whether it is 
possible to evade these less extensive transfer requirements by 
including an intervening non-subpart CC unit when performing a transfer 
of hazardous waste. Specifically, certain regulated facilities have 
discussed transferring waste from a subpart CC-regulated unit (e.g., a 
tank or container) to a unit not subject to subpart CC (e.g., the floor 
of a containment building), then subsequently transferring the waste to 
a second subpart CC-regulated unit. Since the containment building is 
not a unit regulated by subpart CC, the subpart CC standards do not 
impose transfer requirements to or from containment buildings; thus, 
the facilities suggest that the subpart CC transfer requirements would 
be met. As noted above, the subpart CC container requirements state 
that transfer of hazardous waste to and from a regulated container 
shall be conducted in a manner which minimizes the waste's exposure to 
the atmosphere, considering practical factors. The EPA considers an 
unnecessary and open-air transfer of waste to or from a container, 
conducted in whole or in part, to avoid the subpart CC container (or 
tank) requirements, to not meet the obvious intent of the container 
transfer requirement (e.g., see 264.1086(d)(2)). The EPA is aware of 
waste transfer methods that would be more effective in minimizing 
exposure of the waste to the atmosphere--the owner or operator is 
responsible for conducting waste transfer in such a manner as to 
minimize exposure of the hazardous waste to the atmosphere. Rather than 
leaving this issue open to interpretation, the EPA will instruct permit 
writers to invoke omnibus authority under RCRA section 3005(c)(3) to 
assure control of such transfers where necessary to protect human 
health and the environment.
    There are other aspects of the container standards that also 
require some further clarification; one point that needs some 
additional explanation is in regard to the Department of Transportation 
(DOT) compliance demonstration option for containers. The subpart CC 
container standards, as amended November 25, 1996, allow three options 
for compliance demonstration, one of which is through compliance with 
certain applicable DOT regulations for packaging of hazardous materials 
for transportation. Commenters have stated that they consider the 
specification in subpart CC, as to which DOT packaging requirements 
qualify for that compliance option, to have resulted in an overly 
stringent requirement. However, the EPA has clarified that 
demonstration of compliance through the use of certain DOT packagings 
is only one approach to demonstrating compliance with the container 
standards. The regulated industry has indicated to EPA that the vast 
majority of hazardous waste that is shipped in DOT transport packagings 
meets the requirements for container level 1 standards. Thus, if a 
facility owner or operator is using a DOT packaging which is not among 
those specified under the subpart CC container standards, the facility 
owner or operator must conduct a visual inspection to determine that 
there are no visible openings, cracks, etc. in the container. See 
Sec. 265.1087(c)(1)(ii). The EPA considers the existing regulatory 
language to adequately convey this intent, and is including this 
preamble discussion in response to commenters' requests.
    The container option to comply with applicable DOT packaging 
regulations, described at 40 CFR 265.1087(f) and 264.1086(f), includes 
four requirements which must all be met to comply with the subpart CC 
compliance demonstration. The regulatory language of that paragraph 
clearly indicates (in fact, literally indicates) that compliance with 
all four of the subparagraphs at Sec. 265.1087(f)(1) through 
Sec. 265.1087(f)(4) is required, since the requirements are not 
presented as alternatives. The following paragraphs provide a detailed 
description of each of the four requirements found at Sec. 265.1087(f).
    The first requirement, found at 40 CFR 265.1087(f)(1), specifies 
that the container must meet the applicable requirements specified in 
40 CFR part 178 or part 179. It is EPA's intent to require that in 
order to comply with 40 CFR part 265.1087(f), a container must

[[Page 64653]]

be subject to 49 CFR part 178 or part 179; it is also the EPA's intent 
to require that such a container be in compliance with all the 
requirements of 49 CFR parts 178 and 179 that are applicable. (Again, 
this is the direct and literal reading of the provision.) In developing 
the final rule, the EPA determined that containers subject to and in 
compliance with these requirements would achieve the appropriate level 
of air emission control; see the preamble discussion at Section IV.I.1, 
61 FR 59947, November 25, 1996. The Agency could not make that finding 
for containers not subject to these provisions. A container not subject 
to 49 CFR part 178 or 179 is thus not eligible to comply with the 
subpart CC rule through the requirements of 40 CFR 265.1087 (c)(1)(i) 
or (d)(1)(i), nor the corresponding paragraphs in 40 CFR part 264; it 
would have to comply with the subpart CC rule through the requirements 
of 40 CFR 265.1087 (c)(1)(ii), (c)(1)(iii), (d)(1)(ii) or d(1)(iii), or 
the corresponding paragraphs in 40 CFR part 264, as appropriate.
    The second requirement within 40 CFR 265.1087(f) for DOT-compliant 
containers stipulates that the hazardous waste must be managed in the 
DOT container in accordance with all the requirements contained in 49 
CFR part 107 subpart B, part 172, part 173, and part 180 that are 
applicable to that container and the waste managed in that container. 
The EPA listed these regulatory parts because they were characterized 
by the industry and by DOT as the parts which describe the requirements 
for management of hazardous waste, for the types of containers that are 
specified in 49 CFR parts 178 and 179. The reference to 49 CFR part 107 
subpart B is included to recognize the exemptions for containers that 
have been determined by DOT to be equivalent or superior to those 
required within 49 CFR part 178 and 179 standards.
    The third and fourth requirements, listed in 40 CFR 265.1087(f)(3) 
and (f)(4) and their corresponding paragraphs in 40 CFR part 264, state 
that, ``* * * For the purpose of complying with this subpart, no 
exceptions to the 40 CFR part 178 and part 179 regulations are allowed 
except as provided for in paragraph (f)(4) of this section,'' and ``For 
a lab pack that is managed in accordance with the requirements of 40 
CFR part 178 for the purpose of complying with this subpart, an owner 
or operator may comply with the exceptions for combination packagings 
specified in 40 CFR 173.12(b).'' These requirements indicate that the 
DOT-authorized container must be in compliance with all applicable 
requirements in 49 CFR parts 178 and 179. Paragraph 265.1087(f)(3) of 
the subpart CC rule specifically means that for the purposes of the 
subpart CC rule provisions, compliance with 49 CFR parts 178 and 179 is 
required, and no exceptions to those provisions are allowed (unless the 
container were a lab pack, as described in Sec. 265.1087(f)(4)). As 
with the earlier provisions discussed above, this is the literal 
meaning of the provision. There are many exceptions, both explicit and 
implicit, to the 49 CFR part 178 and 179 standards which are contained 
in other sections of the DOT standards. The EPA's intent in 40 CFR 
265.1087(f)(3) is to disallow any regulatory provision which removes or 
alters a requirement contained in 49 CFR parts 178 or 179, regardless 
of where that disallowing regulatory provision is codified, or whether 
that provision is specifically described as an ``exception.'' For 
instance, 49 CFR 173.28(e) states that a non-reusable container may be 
reused for certain circumstances; however, the allowance of that 
paragraph would not be recognized for compliance with the subpart CC 
container standards at 40 CFR 265.1087(f) or 40 CFR 264.1086(f). As 
another example, 49 CFR 173.204 contains an implicit exception for 
certain hazardous materials that states, ``packaging need not conform 
to the requirements of part 178.'' However, if that packaging were used 
to manage a hazardous waste subject to the container regulations of the 
subpart CC rule, the effect of 40 CFR 265.1087(f)(3) would be to 
require that, for compliance with the subpart CC rule, such packaging 
must comply with the requirements of 49 CFR part 178. In this example, 
40 CFR 265.1087(f) and 264.1086(f) would disallow the exception to 49 
part 178 provided by 49 CFR 173.204. Thus, as a general matter, 40 CFR 
265.1087(f) and 264.1086(f) have the intended effect of requiring 
strict compliance with all applicable requirements of 49 CFR parts 178 
and 179 (other than the exception for lab packs at 49 CFR 173.12(b)), 
for the purpose of the DOT compliance option within the subpart CC 
container standards. Strict compliance with these provisions is 
necessary to ensure that the emission reduction intended by the rule is 
achieved.
    Today's action also corrects two typographical errors in 
Sec. 264.1086. In Sec. 264.1086(c)(2), ``* * * Organic vapor 
permeability, the effects of the contact with the hazardous waste * * 
*'' is revised to read as follows, ``Organic vapor permeability; the 
effects of the contact with the hazardous waste * * *'' and in 
Sec. 264.1086(d)(2), ``* * * any one of the following: a submerged-fill 
pipe * * *'' is revised to read as follows, ``* * * any one of the 
following: A submerged-fill pipe * * *''
    For containers required to use Level 2 controls under the subpart 
CC standards, one option under the final rules requires that the 
hazardous waste be managed in a ``container that operates with no 
detectable organic emissions.'' (See Secs. 264.1086(d)(ii) and 
265.1087(d)(ii).) The test for conducting no detectable organic 
emissions for the purpose of complying with this requirement must be 
conducted in accordance with the procedures specified in Method 21 of 
40 CFR part 60, appendix A. However, under subpart CC, there are no 
requirements for periodic Method 21 leak monitoring of containers. (See 
Section IV.I.3 of the preamble to the final rule, 61 FR 59948, November 
25, 1996.) Any Method 21 monitoring to determine if the containers 
operate with no detectable organic emissions is conducted at the 
owner's or operator's discretion. In order to clarify this point, the 
EPA has amended the language in paragraph (g) of the container 
standards.

H. Standards: Closed-Vent Systems and Control Devices

    The inspection and monitoring requirements under paragraph (c) of 
Sec. 264.1087 and Sec. 265.1088 are being amended to clarify that the 
inspection and monitoring procedures specifically cited in paragraph 
(c)(7) are applicable to closed-vent systems as well as to the control 
devices. The reference to closed-vent system in paragraph (c)(7) was 
inadvertently left out of the sentence specifying what shall be 
inspected and monitored; however, the procedures specified in the 
paragraph did cite the requirements applicable to closed-vent systems, 
and it was thus the EPA's intent that closed-vent systems be included.
    The EPA has received several comments concerning how a TSDF owner 
or operator would demonstrate compliance with the 95 percent removal 
requirement (see Sec. 265.1088(c)(1)(i)) for a vent stream with low 
concentration organic vapor entering an organic air emission control 
device. The commenters contended that the 95 percent removal or 
destruction performance demonstration is not feasible for low 
concentration organic streams. However, the EPA has not at this time 
found adequate technical reasons to change the 95 percent control 
requirement. Similar requirements have been included in other 
regulations controlling air emissions from process vents on hazardous 
and non-hazardous

[[Page 64654]]

waste management operations (e.g., subpart DD in 40 CFR part 63) and 
guidance regarding compliance with the 95 percent control requirement 
has been published by the EPA, see EPA-450/3-89-021, Hazardous Waste 
TSDF--Technical Guidance Document for RCRA Air Emission Standards for 
Process Vents and Equipment Leaks; or EPA-450/3-91-007, Alternative 
Control Technology Document--Organic Waste Process Vents. The EPA has 
also published guidance regarding the control of low concentration 
organic vapor streams; see EPA-450/R-95-003, Survey of Control 
Technologies for Low concentration Organic Vapor Gas Streams.
    It has been suggested that the EPA include the use of an activated 
carbon adsorption control system as a specified technology and/or use 
of surrogate compounds to demonstrate compliance. Again, the EPA does 
not have an adequate technical basis to revise the control device 
requirements to include a carbon adsorption control equipment 
specification. Carbon adsorption systems require considerable 
constituent and other site-specific information for proper control 
device design, unlike combustion systems, for which organic control 
efficiency is less dependent on the particular organic constituent 
present in the gas stream. Therefore, the EPA has not included a carbon 
adsorption equipment specification in the rule as an alternative to the 
95 percent organic removal efficiency demonstration.
    Commenters also have requested that the EPA amend the control 
device requirements of the rule to allow that the temperature sensor 
for condensers be placed in the coolant exhaust rather than in the 
exhaust vent stream from the condenser exit. The EPA selected this 
monitoring location because its was judged that monitoring the exhaust 
gas provided a better and more direct characterization of the 
performance of the condenser. In addition, the standards for closed-
vent systems and control devices in subpart AA (see Sec. 264.1033(i)) 
allow that ``an alternative operational or process parameter may be 
monitored if it can be demonstrated that another parameter will ensure 
that the control device is operated in conformance with these standards 
and the control devices's design specifications.'' This same allowance 
is not contained in the part 265 standards for interim status 
facilities because the rules do not have provisions for reporting and 
thus there is no direct mechanism for Agency review of the 
appropriateness of the alternative parameter. The EPA did not seek to 
burden the owner or operator of interim status facilities with the 
additional reporting requirements associated with the technical 
demonstration of equivalent characterization of performance. For those 
facilities that are monitoring an alternative parameter, e.g., 
condenser coolant exhaust rather than the condenser vent stream 
exhaust, in compliance with provisions of a Clean Air Act regulation 
such as the HON, the owner or operator of the unit may be able to 
comply with the RCRA air rules through one of the Clean Air Act 
applicability exemptions contained in the RCRA air rules at 
Secs. 264.1030(d) and 265.1030(d) of subpart AA and 
Secs. 264.1080(b)(7) and 265.1080(b)(7) of subpart CC. The EPA 
continues to believe that the monitoring requirements specified in the 
40 CFR part 265 rules are reasonable, and the EPA does not consider it 
appropriate to allow alternative parameters to be monitored without a 
mechanism for Agency review of the alternative approach (e.g., a Clean 
Air Act or RCRA permit). Therefore, the EPA is not amending the rule in 
this regard.
    As previously noted in Section III.C of this preamble, the November 
25, 1996, amendments to the subpart CC standards for control devices 
and closed vent systems (at Sec. 265.1088(c)(2)(i)), added provisions 
to allow up to 240 hours per year for periods of planned routine 
maintenance of a control device, during which time the control device 
is not required to meet the performance requirements for emission 
reductions specified in the rule. The EPA has received comments that 
control devices such as boilers, industrial furnaces, and incinerators 
often require routine maintenance that takes longer than 10 days per 
year. In connection with this, the commenters also requested that the 
EPA provide an extension to the repair period so long as the owner or 
operator documents the decision to use an extension by including 
certain material in the operating record. The EPA considers the 
emissions from hazardous waste to be a significant source of nationwide 
organic air emissions, and does not consider it appropriate to lengthen 
the time that a control device may be out of service for routine 
maintenance, while hazardous waste is being managed in the unit. As 
promulgated in December 1994, the subpart CC standards did not allow 
provisions for planned maintenance time, because the modeled emission 
reductions attributed to the implementation of these standards were 
based on control device operation at all times that affected waste is 
managed in a unit requiring a control device. In the November 1996 
amendments, the EPA revised the control device provisions in 
recognition that planned or routine maintenance of control devices, 
within reason, would limit the unplanned malfunctions. However, the EPA 
continues to consider that 240 hours per year is an appropriate maximum 
amount of time for hazardous waste to be managed in units without the 
required control device operating. Thus, the EPA is not amending this 
provision. Instances of control device down time beyond the allowed 240 
hours for maintenance would be considered periods in which the facility 
is not in compliance with the control requirements of the rule.
    The EPA is today clarifying that the requirements for management of 
spent carbon, at Sec. 264.1088(c)(3)(ii) and Sec. 265.1089(c)(3)(ii) 
apply only to carbon that is a hazardous waste. This clarification has 
been made in both the February 9, 1996 technical amendments (see 61 FR 
at 4910) and the November 25, 1996 final rule amendments (see 61 FR at 
59936). When amending the regulatory text at Sec. 264.1087(c)(3)(ii) 
and Sec. 265.1088(c)(3)(ii) in the November 25, 1996 action, the EPA 
inadvertently omitted the phrases that state the requirement applies to 
carbon that is a hazardous waste, and the requirement applies 
regardless of the VO concentration of the carbon. These statements had 
been included in the regulatory text prior to that November 25 Federal 
Register document; today's amendment clarifies the EPA's intent by 
correcting that omission.

I. Recordkeeping and Reporting Requirements

    In the November 25, 1996 final rule amendments (61 FR 59952 and 
59971) to parts 264 and 265, the subpart CC applicability was amended 
to exempt any hazardous waste management unit that the owner or 
operator certifies is equipped with and operating air emission controls 
in accordance with an applicable Clean Air Act regulation codified 
under 40 CFR part 60, part 61, or part 63. Though the requirement for 
owner or operator certification was established at Sec. 264.1080(b)(7), 
the EPA inadvertently failed to add the associated recordkeeping 
requirement to the recordkeeping sections of subpart CC. In order to 
establish minimum recordkeeping requirements for those units that are 
exempted from the subpart because the unit is in compliance with 
control requirements under a Clean Air Act regulation, the subpart CC 
recordkeeping requirements are being amended by today's action. A

[[Page 64655]]

new paragraph (j) is being added to Sec. 264.1089 and Sec. 265.1090 
that requires the owner or operator to record and maintain: (1) a 
certification that the waste management unit is equipped with and 
operating air emission controls in accordance with the requirements of 
an applicable Clean Air Act regulation codified in 40 CFR parts 60, 61, 
or 63; and (2) identification of the specific requirements with which 
the unit is in compliance.
    Adding these requirements also necessitated a change to paragraph 
(a) of Sec. 264.1089 and Sec. 265.1090 in order to include paragraph 
(j) in the list of information specified for recordkeeping under the 
subpart.
    In addition, today's action corrects typographical errors in 
Sec. 264.1089(a) and Sec. 265.1090(a). In the last sentence of 
Sec. 264.1089(a), ``* * * air emission controls specified in 
Secs. 264.1084 through 264.1087 of this subpart in accordance with the 
conditions specified in Sec. 264.1084(d) of this subpart.'' is revised 
to read as follows, ``* * * air emission controls specified in 
Secs. 264.1084 through 264.1087 of this subpart in accordance with the 
conditions specified in Sec. 264.1080(d) or Sec. 264.1080(b)(7), 
respectively, of this subpart.'' Similarly, in the last sentence of 
Sec. 265.1090(a), ``* * * air emission controls specified in 
Secs. 264.1084 through 264.1087 of this subpart in accordance with the 
conditions specified in Sec. 264.1084(d) of this subpart'' is revised 
to read as follows, ``* * * air emission controls specified in 
Secs. 265.1085 through 265.1088 of this subpart in accordance with the 
conditions specified in Sec. 265.1080(d) or Sec. 265.1080(b)(7), 
respectively, of this subpart.''
    Also in the recordkeeping sections of subpart CC, paragraph (f) of 
Sec. 264.1089 and Sec. 265.1090 are being amended to provide the full 
citation referenced in the paragraph; the references to 
Sec. 264.1082(c)(2) and Sec. 265.1083(c)(2) are being expanded to state 
(c)(2)(i) through (c)(2)(vi)'' in paragraph (f) to cover specifically 
each of the exemption options, for which a waste determination for a 
treated hazardous waste is required.
    In a further correction, paragraph (b)(1)(ii)(B) of Sec. 264.1089 
and Sec. 265.1090 is being amended to correct the sentence structure 
and eliminate the redundant phrase ``the following information.''

J. Appendix VI to Part 265

    Appendix VI to part 265 is revised and reprinted in total. The 
revisions made by today's action correct printing errors in the 
November 25, 1996, final rule amendments (61 FR 59993), reformat the 
list to be alphabetical, correct typographical errors in compound names 
(for example, dimethyl hydrazine (1,) is corrected to read 1,1-dimethyl 
hydrazine), and add CAS numbers that were not available in the November 
25, 1996, final rule amendments.
    There has been some uncertainty among the regulated community with 
respect to whether or not cyanide (CN) is classified as an ``organic'' 
compound. For purposes of subpart CC, cyanide is listed in Appendix VI 
to Part 265 as one of the compounds with a Henry's Law Constant less 
than 0.1 Y/X and as such it is not necessary to quantify CN as a part 
of the volatile organic concentration determination.

VI Administrative Requirements

A. Docket

    Six RCRA dockets contain information pertaining to today's 
rulemaking: (1) RCRA docket number F-91-CESP-FFFFF, which contains 
copies of all BID references and other information related to the 
development of the rule up through proposal; (2) RCRA docket number F-
92-CESA-FFFFF, which contains copies of the supplemental data made 
available for public comment prior to promulgation; (3) RCRA docket 
number F-94-CESF-FFFFF, which contains copies of all BID references and 
other information related to development of the final rule following 
proposal; (4) RCRA docket number F-94-CE2A-FFFFF, which contains 
information pertaining to waste stabilization operations performed in 
tanks; (5) RCRA docket number F-95-CE3A-FFFFF, which contains 
information about potential final rule revisions made available for 
public comment; and (6) RCRA docket number F-96-CE4A-FFFFF, which 
contains a copy of each of the comment letters submitted in regard to 
the revisions that the EPA was considering for the final subpart CC 
standards. The public may review all materials in these dockets at the 
EPA RCRA Docket Office.
    The EPA RCRA Docket Office is located at Crystal Gateway, 1235 
Jefferson Davis Highway, First Floor, Arlington, Virginia. Hand 
delivery of items and review of docket materials are made at the 
Virginia address. The public must have an appointment to review docket 
materials. Appointments can be scheduled by calling the Docket Office 
at (703) 603-9230. The mailing address for the RCRA Docket Office is 
RCRA Information Center (5305W), 401 M Street SW, Washington, DC 20460. 
The Docket Office is open from 9 a.m. to 4 p.m., Monday through Friday, 
except for Federal holidays.

B. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated RCRA air rules were submitted to and approved by the Office 
of Management and Budget (OMB). A copy of this Information Collection 
Request (ICR) document (OMB control number 1593.02) may be obtained 
from Sandy Farmer, Information Policy Branch (2136); U.S. Environmental 
Protection Agency; 401 M Street, SW; Washington, DC 20460 or by calling 
(202) 260-2740.
    Today's amendments to the RCRA air rules should have only a minor 
impact on the information collection burden estimates made previously, 
and that impact is expected to be a reduction. The changes consist of 
new definitions, alternative test procedures, clarifications of 
requirements, and additional compliance options. The changes are not 
additional requirements, but rather, are reductions in previously 
published requirements. The overall information-keeping requirements in 
the rule are being reduced. Consequently, the ICR has not been revised.

C. Executive Order 12866

    Under Executive Order 12866, the EPA must determine whether the 
proposed regulatory action is ``significant'' and, therefore, subject 
to the OMB review and the requirements of the Executive Order. The 
Order defines ``significant'' regulatory action as one that is likely 
to lead to a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety in State, local, or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The RCRA subpart CC air rules published on December 6, 1994, were 
considered significant under Executive Order 12866, and a regulatory 
impact analysis (RIA) was prepared. The amendments published today 
clarify the

[[Page 64656]]

rule, provide more compliance alternatives, make certain regulatory 
provisions more lenient, and correct structural problems with the 
drafting of some sections. The OMB has evaluated this action, and 
determined it to be non-significant; thus it did not require their 
review.

D. Regulatory Flexibility

    This rule is not subject to notice and comment rulemaking 
requirements and therefore is not subject to the Regulatory Flexibility 
Act. However, for the reasons discussed in the December 6, 1994 Federal 
Register (59 FR 62923), this rule does not have a significant impact on 
a substantial number of small entities. The changes to the rule do not 
add new control requirements to the December 1994 rule. The amendments 
in fact reduce the already-existing requirements. Therefore, the 
amendments are also not considered significant.
    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2) given that it amends the rule published in 1994 to reduce 
the extent of regulation.

E. Unfunded Mandates Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), the EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated costs to State, local, or 
tribal governments in the aggregate, or to the private sector, of $100 
million or more. Under section 205, the EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with statutory requirements. Section 203 
requires the EPA to establish a plan for informing and advising any 
small governments that may be significantly or uniquely impacted by the 
rule.
    The EPA has determined that the action promulgated today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate or to the private sector. Therefore, the requirements of the 
Unfunded Mandates Act do not apply to this action.

F. Immediate Effective Date

    The EPA has determined to make today's action effective 
immediately. The EPA believes that the corrections being made in 
today's action are either interpretations of existing regulations which 
do not require prior notice and opportunity for comment, or are 
technical corrections of obvious errors in the published rules (for 
example, corrections to regulations inconsistent with or not carrying 
out statements in the preamble or Background Information Document). 
Comment on such changes is unnecessary, within the meaning of 5 U.S.C. 
553(b)(3)(B). In addition, the EPA notes that many of these 
clarifications result from the public meeting process, so that the 
Agency has provided a measure of opportunity for comment.

VII. Legal Authority

    These regulations are amended under the authority of sections 2002, 
3001-3007, 3010, and 7004 of the Solid Waste Disposal Act of 1970, as 
amended by RCRA, as amended (42 U.S.C. 6921-6927, 6930, and 6974).

List of Subjects

40 CFR Parts 264 and 265

    Environmental protection, Air pollution control, Container, Control 
device, Hazardous waste, Inspection, Monitoring, Reporting and 
recordkeeping requirements, Surface impoundment, Tank, TSDF, Waste 
determination.

40 CFR Part 270

    Environmental protection, Administrative practice and procedure, 
Air pollution, Confidential business information, Hazardous waste, 
Permit modification, Reporting and recordkeeping requirements.

    Dated: November 28, 1997.
Richard D. Wilson,
Acting Asssistant Administrator for Air and Radiation.

    For the reasons set out in the preamble, title 40, chapter I, parts 
264, 265, and 270 of the Code of Federal Regulations are amended as 
follows:

PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 
TREATMENT, STORAGE, AND DISPOSAL FACILITIES

    1. The authority citation for part 264 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924 and 6925.

Subpart B--General Facility Standards

    2. Section 264.15 is amended by revising paragraph (b)(4), and 
leaving the ``COMMENT'' at the end of the paragraph to read as follows:


Sec. 264.15  General inspection requirements.

* * * * *
    (b) * * *
    (4) The frequency of inspection may vary for the items on the 
schedule. However, the frequency should be based on the rate of 
deterioration of the equipment and the probability of an environmental 
or human health incident if the deterioration, malfunction, or any 
operator error goes undetected between inspections. Areas subject to 
spills, such as loading and unloading areas, must be inspected daily 
when in use. At a minimum, the inspection schedule must include the 
items and frequencies called for in Secs. 264.174, 264.193, 264.195, 
264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033, 
264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089 of this 
part, where applicable.
* * * * *

Subpart E--Manifest System, Recordkeeping, and Reporting

    3. Section 264.73 is amended by revising paragraph (b)(6) to read 
as follows:


Sec. 264.73  Operating record.

* * * * *
    (b) * * *
    (6) Monitoring, testing or analytical data, and corrective action 
where required by subpart F of this part and Secs. 264.19, 264.191, 
264.193, 264.195, 264.222, 264.223, 264.226, 264.252--264.254, 264.276, 
264.278, 264.280, 264.302--264.304, 264.309, 264.347, 264.602, 
264.1034(c)--264.1034(f), 264.1035, 264.1063(d)--264.1063(i), 264.1064, 
and 264.1082 through 264.1090 of this part.
* * * * *

Subpart AA--Air Emission Standards for Process Vents

    4. Section 264.1030 is amended by revising paragraphs (b)(3) and 
(c), leaving the ``NOTE'' at the end of paragraph (c), and adding 
paragraph (e), to read as:


Sec. 264.1030  Applicability.

* * * * *
    (b) * * *
    (3) A unit that is exempt from permitting under the provisions of 
40

[[Page 64657]]

CFR 262.34(a) (i.e., a ``90-day'' tank or container) and is not a 
recycling unit under the provisions of 40 CFR 261.6.
    (c) For the owner and operator of a facility subject to this 
subpart and who received a final permit under RCRA section 3005 prior 
to December 6, 1996, the requirements of this subpart shall be 
incorporated into the permit when the permit is reissued in accordance 
with the requirements of 40 CFR 124.15 or reviewed in accordance with 
the requirements of 40 CFR 270.50(d). Until such date when the owner 
and operator receives a final permit incorporating the requirements of 
this subpart, the owner and operator is subject to the requirements of 
40 CFR 265, subpart AA.
* * * * *
    (e) The requirements of this subpart do not apply to the process 
vents at a facility where the facility owner or operator certifies that 
all of the process vents that would otherwise be subject to this 
subpart are equipped with and operating air emission controls in 
accordance with the process vent requirements of an applicable Clean 
Air Act regulation codified under 40 CFR part 60, part 61, or part 63. 
The documentation of compliance under regulations at 40 CFR part 60, 
part 61, or part 63 shall be kept with, or made readily available with, 
the facility operating record.
* * * * *
    5. Section 264.1031 is amended by revising the definition of ``In 
light liquid service'' to read as follows:


Sec. 264.1031  Definitions.

* * * * *
    In light liquid service means that the piece of equipment contains 
or contacts a waste stream where the vapor pressure of one or more of 
the organic components in the stream is greater than 0.3 kilopascals 
(kPa) at 20 deg.C, the total concentration of the pure organic 
components having a vapor pressure greater than 0.3 kilopascals (kPa) 
at 20 deg.C is equal to or greater than 20 percent by weight, and the 
fluid is a liquid at operating conditions.
* * * * *
    6. Section 264.1033 is amended by revising paragraph (a)(2) to read 
as follows:


Sec. 264.1033  Standards: Closed-vent systems and control devices.

    (a) * * *
    (2)(i) The owner or operator of an existing facility who cannot 
install a closed-vent system and control device to comply with the 
provisions of this subpart on the effective date that the facility 
becomes subject to the provisions of this subpart must prepare an 
implementation schedule that includes dates by which the closed-vent 
system and control device will be installed and in operation. The 
controls must be installed as soon as possible, but the implementation 
schedule may allow up to 30 months after the effective date that the 
facility becomes subject to this subpart for installation and startup.
    (ii) Any unit that begins operation after December 21, 1990, and is 
subject to the provisions of this subpart when operation begins, must 
comply with the rules immediately (i.e., must have control devices 
installed and operating on startup of the affected unit); the 30-month 
implementation schedule does not apply.
    (iii) The owner or operator of any facility in existence on the 
effective date of a statutory or EPA regulatory amendment that renders 
the facility subject to this subpart shall comply with all requirements 
of this subpart as soon as practicable but no later than 30 months 
after the amendment's effective date. When control equipment required 
by this subpart can not be installed and begin operation by the 
effective date of the amendment, the facility owner or operator shall 
prepare an implementation schedule that includes the following 
information: Specific calendar dates for award of contracts or issuance 
of purchase orders for the control equipment, initiation of on-site 
installation of the control equipment, completion of the control 
equipment installation, and performance of any testing to demonstrate 
that the installed equipment meets the applicable standards of this 
subpart. The owner or operator shall enter the implementation schedule 
in the operating record or in a permanent, readily available file 
located at the facility.
    (iv) Owners and operators of facilities and units that become newly 
subject to the requirements of this subpart after December 8, 1997, due 
to an action other than those described in paragraph (a)(2)(iii) of 
this section must comply with all applicable requirements immediately 
(i.e., must have control devices installed and operating on the date 
the facility or unit becomes subject to this subpart; the 30-month 
implementation schedule does not apply).
* * * * *

Subpart BB--Air Emission Standards for Equipment Leaks

    7. Section 264.1050 is amended by revising paragraphs (b)(3), (c) 
and (f) to read as follows:


Sec. 264.1050  Applicability.

* * * * *
    (b) * * *
    (3) A unit that is exempt from permitting under the provisions of 
40 CFR 262.34(a) (i.e., a ``90-day'' tank or container) and is not a 
recycling unit under the provisions of 40 CFR 261.6.
    (c) For the owner or operator of a facility subject to this subpart 
and who received a final permit under RCRA section 3005 prior to 
December 6, 1996, the requirements of this subpart shall be 
incorporated into the permit when the permit is reissued in accordance 
with the requirements of 40 CFR 124.15 or reviewed in accordance with 
the requirements of 40 CFR 270.50(d). Until such date when the owner or 
operator receives a final permit incorporating the requirements of this 
subpart, the owner or operator is subject to the requirements of 40 CFR 
part 265, subpart BB.
* * * * *
    (f) Equipment that contains or contacts hazardous waste with an 
organic concentration of at least 10 percent by weight for less than 
300 hours per calendar year is excluded from the requirements of 
Secs. 264.1052 through 264.1060 of this subpart if it is identified, as 
required in Sec. 264,1064(g)(6) of this subpart.
* * * * *
    8. Section 264.1060 is revised to read as follows:


Sec. 264.1060  Standards: Closed-vent systems and control devices.

    (a) Owners and operators of closed-vent systems and control devices 
subject to this subpart shall comply with the provisions of 
Sec. 264.1033 of this part.
    (b)(1) The owner or operator of an existing facility who cannot 
install a closed-vent system and control device to comply with the 
provisions of this subpart on the effective date that the facility 
becomes subject to the provisions of this subpart must prepare an 
implementation schedule that includes dates by which the closed-vent 
system and control device will be installed and in operation. The 
controls must be installed as soon as possible, but the implementation 
schedule may allow up to 30 months after the effective date that the 
facility becomes subject to this subpart for installation and startup.
    (2) Any unit that begins operation after December 21, 1990, and is 
subject to the provisions of this subpart when operation begins, must 
comply with the rules immediately (i.e., must have control devices 
installed and operating on startup of the affected unit); the 30-month 
implementation schedule does not apply.

[[Page 64658]]

    (3) The owner or operator of any facility in existence on the 
effective date of a statutory or EPA regulatory amendment that renders 
the facility subject to this subpart shall comply with all requirements 
of this subpart as soon as practicable but no later than 30 months 
after the amendment's effective date. When control equipment required 
by this subpart can not be installed and begin operation by the 
effective date of the amendment, the facility owner or operator shall 
prepare an implementation schedule that includes the following 
information: Specific calendar dates for award or contracts or issuance 
of purchase orders for the control equipment, initiation of on-site 
installation of the control equipment, completion of the control 
equipment installation, and performance of any testing to demonstrate 
that the installed equipment meets the applicable standards of this 
subpart. The owner or operator shall enter the implementation schedule 
in the operating record or in a permanent, readily available file 
located at the facility.
    (4) Owners and operators of facilities and units that become newly 
subject to the requirements of this subpart after December 8, 1997, due 
to an action other than those described in paragraph (b)(3) of this 
section must comply with all applicable requirements immediately (i.e., 
must have control devices installed and operating on the date the 
facility or unit becomes subject to this subpart; the 30-month 
implementation schedule does not apply).
    9. Section 264.1062 is amended by revising paragraphs (b)(2) and 
(b)(3) to read as follows:


Sec. 264.1062  Alternative standards for valves in gas/vapor service or 
in light liquid service: skip period leak detection and repair.

* * * * *
    (b) * * *
    (2) After two consecutive quarterly leak detection periods with the 
percentage of valves leaking equal to or less than 2 percent, an owner 
or operator may begin to skip one of the quarterly leak detection 
periods (i.e., monitor for leaks once every six months) for the valves 
subject to the requirements in Sec. 264.1057 of this subpart.
    (3) After five consecutive quarterly leak detection periods with 
the percentage of valves leaking equal to or less than 2 percent, an 
owner or operator may begin to skip three of the quarterly leak 
detection periods (i.e., monitor for leaks once every year) for the 
valves subject to the requirements in Sec. 264.1057 of this subpart.
* * * * *
    10. Section 264.1064 is amended by revising paragraphs (g)(6) and 
(m) to read as follows:


Sec. 264.1064  Recordkeeping requirements.

* * * * *
    (g) * * *
    (6) Identification, either by list or location (area or group) of 
equipment that contains or contacts hazardous waste with an organic 
concentration of at least 10 percent by weight for less than 300 hours 
per calendar year.
* * * * *
    (m) The owner or operator of a facility with equipment that is 
subject to this subpart and to regulations at 40 CFR part 60, part 61, 
or part 63 may elect to determine compliance with this subpart either 
by documentation pursuant to Sec. 264.1064 of this subpart, or by 
documentation of compliance with the regulations at 40 CFR part 60, 
part 61, or part 63 pursuant to the relevant provisions of the 
regulations at 40 part 60, part 61, or part 63. The documentation of 
compliance under regulations at 40 CFR part 60, part 61, or part 63 
shall be kept with or made readily available with the facility 
operating record.

Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, 
and Containers

    11. Section 264.1080 is amended by revising paragraphs (b)(1) and 
(c) to read as follows:


Sec. 264.1080  Applicability.

* * * * *
    (b) * * *
    (1) A waste management unit that holds hazardous waste placed in 
the unit before December 6, 1996, and in which no hazardous waste is 
added to the unit on or after December 6, 1996.
* * * * *
    (c) For the owner and operator of a facility subject to this 
subpart who received a final permit under RCRA section 3005 prior to 
December 6, 1996, the requirements of this subpart shall be 
incorporated into the permit when the permit is reissued in accordance 
with the requirements of 40 CFR 124.15 of this chapter or reviewed in 
accordance with the requirements of 40 CFR 270.50(d) of this chapter. 
Until such date when the permit is reissued in accordance with the 
requirements of 40 CFR 124.15 or reviewed in accordance with the 
requirements of 40 CFR 270.50(d), the owner and operator is subject to 
the requirements of 40 CFR part 265, subpart CC.
* * * * *
    12. Section 264.1082 is amended by revising paragraphs (b), 
(c)(2)(ix)(A), (c)(2)(ix)(B), (c)(3) and (c)(4)(ii) to read as follows:


Sec. 264.1082  Standards: General.

* * * * *
    (b) The owner or operator shall control air pollutant emissions 
from each hazardous waste management unit in accordance with standards 
specified in Secs. 264.1084 through 264.1087 of this subpart, as 
applicable to the hazardous waste management unit, except as provided 
for in paragraph (c) of this section.
    (c) * * *
    (2) * * *
    (ix) * * *
    (A) If Method 25D in 40 CFR part 60, appendix A is used for the 
analysis, one-half the blank value determined in the method at section 
4.4 of Method 25D in 40 CFR part 60, appendix A, or a value of 25 ppmw, 
whichever is less.
    (B) If any other analytical method is used, one-half the sum of the 
limits of detection established for each organic constituent in the 
waste that has a Henry's law constant value at least 0.1 mole-fraction-
in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can 
also be expressed as 1.8 x 10<SUP>-6</SUP> atmospheres/gram-mole/m\3\] 
at 25 degrees Celsius.
    (3) A tank or surface impoundment used for biological treatment of 
hazardous waste in accordance with the requirements of paragraph 
(c)(2)(iv) of this section.
    (4) * * *
    (ii) The organic hazardous constituents in the waste have been 
treated by the treatment technology established by the EPA for the 
waste in 40 CFR 268.42(a), or have been removed or destroyed by an 
equivalent method of treatment approved by EPA pursuant to 40 CFR 
268.42(b).
* * * * *
    13. Section 264.1083 is amended by revising paragraphs (a)(2) and 
(b)(1) to read as follows:


Sec. 264.1083  Waste determination procedures.

    (a) * * *
    (2) For a waste determination that is required by paragraph (a)(1) 
of this section, the average VO concentration of a hazardous waste at 
the point of waste origination shall be determined in accordance with 
the procedures specified in 40 CFR 265.1084(a)(2) through (a)(4).
    (b) * * *

[[Page 64659]]

    (1) An owner or operator shall perform the applicable waste 
determinations for each treated hazardous waste placed in waste 
management units exempted under the provisions of 
Sec. 264.1082(c)(2)(i) through (c)(2)(vi) of this subpart from using 
air emission controls in accordance with standards specified in 
Secs. 264.1084 through 264.1087 of this subpart, as applicable to the 
waste management unit.
* * * * *
    14. Section 264.1084 is amended by revising paragraph (c)(2)(iii) 
introductory text and paragraph (c)(2)(iii)(B), adding paragraph 
(e)(4), revising paragraph (f)(3)(i)(D)(4) and paragraph (f)(3)(iii) 
itroductory text, adding paragraph (f)(4), and adding paragraph 
(j)(2)(iii) to read as follows:


Sec. 264.1084  Standards: Tanks.

* * * * *
    (c) * * *
    (2) * * *
    (iii) Each opening in the fixed roof, and any manifold system 
associated with the fixed roof, shall be either:
* * * * *
    (B) Connected by a closed-vent system that is vented to a control 
device. The control device shall remove or destroy organics in the vent 
stream, and shall be operating whenever hazardous waste is managed in 
the tank, except as provided for in paragraphs (c)(2)(iii)(B) (1) and 
(2) of this section.
    (1) During periods when it is necessary to provide access to the 
tank for performing the activities of paragraph (c)(2)(iii)(B)(2) of 
this section, venting of the vapor headspace underneath the fixed roof 
to the control device is not required, opening of closure devices is 
allowed, and removal of the fixed roof is allowed. Following completion 
of the activity, the owner or operator shall promptly secure the 
closure device in the closed position or reinstall the cover, as 
applicable, and resume operation of the control device.
    (2) During periods of routine inspection, maintenance, or other 
activities needed for normal operations, and for removal of accumulated 
sludge or other residues from the bottom of the tank.
* * * * *
    (e) * * *
    (4) Safety devices, as defined in 40 CFR 265.1081, may be installed 
and operated as necessary on any tank complying with the requirements 
of paragraph (e) of this section.
    (f) * * *
    (3) * * *
    (i) * * *
    (D) * * *
    (4) The total gap area shall be calculated by adding the gap 
surface areas determined for each identified gap location for the 
primary seal and the secondary seal individually, and then dividing the 
sum for each seal type by the nominal diameter of the tank. These total 
gap areas for the primary seal and secondary seal are then compared to 
the respective standards for the seal type as specified in paragraph 
(f)(1)(ii) of this section.
* * * * *
    (iii) Prior to each inspection required by paragraph (f)(3)(i) or 
(f)(3)(ii) of this section, the owner or operator shall notify the 
Regional Administrator in advance of each inspection to provide the 
Regional Administrator with the opportunity to have an observer present 
during the inspection. The owner or operator shall notify the Regional 
Administrator of the date and location of the inspection as follows:
* * * * *
    (4) Safety devices, as defined in 40 CFR 265.1081, may be installed 
and operated as necessary on any tank complying with the requirements 
of paragraph (f) of this section.
* * * * *
    (j) * * *
    (2) * * *
    (iii) The hazardous waste meets the requirements of 
Sec. 264.1082(c)(4) of this subpart.
* * * * *
    15. Section 264.1085 is amended by revising paragraphs (b)(2), 
(d)(1)(iii), and (d)(2)(i)(B) and adding paragraph (e)(2)(iii) to read 
as follows:


Sec. 264.1085  Standards: Surface impoundments.

* * * * *
    (b) * * *
    (2) A cover that is vented through a closed-vent system to a 
control device in accordance with the provisions specified in paragraph 
(d) of this section.
* * * * *
    (d) * * *
    (1) * * *
    (iii) The cover and its closure devices shall be made of suitable 
materials that will minimize exposure of the hazardous waste to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the cover and closure devices throughout their intended service life. 
Factors to be considered when selecting the materials of construction 
and designing the cover and closure devices shall include: Organic 
vapor permeability; the effects of any contact with the liquid or its 
vapors managed in the surface impoundment; the effects of outdoor 
exposure to wind, moisture, and sunlight; and the operating practices 
used for the surface impoundment on which the cover is installed.
* * * * *
    (2) * * *
    (i) * * *
    (B) To remove accumulated sludge or other residues from the bottom 
of the surface impoundment.
* * * * *
    (e) * * *
    (2) * * *
    (iii) The hazardous waste meets the requirements of 
Sec. 264.1082(c)(4) of this subpart.
* * * * *
    16. Section 264.1086 is amended by revising paragraphs (c)(2), 
(c)(4)(i), (d)(2), (d)(4)(i), and paragraph (g) introductory text to 
read as follows:


Sec. 264.1086  Standards: Containers.

* * * * *
    (c) * * *
    (2) A container used to meet the requirements of paragraph 
(c)(1)(ii) or (c)(1)(iii) of this section shall be equipped with covers 
and closure devices, as applicable to the container, that are composed 
of suitable materials to minimize exposure of the hazardous waste to 
the atmosphere and to maintain the equipment integrity, for as long as 
the container is in service. Factors to be considered in selecting the 
materials of construction and designing the cover and closure devices 
shall include: Organic vapor permeability; the effects of contact with 
the hazardous waste or its vapor managed in the container; the effects 
of outdoor exposure of the closure device or cover material to wind, 
moisture, and sunlight; and the operating practices for which the 
container is intended to be used.
* * * * *
    (4) * * *
    (i) In the case when a hazardous waste already is in the container 
at the time the owner or operator first accepts possession of the 
container at the facility and the container is not emptied within 24 
hours after the container is accepted at the facility (i.e., does not 
meet the conditions for an empty container as specified in 40 CFR 
261.7(b)), the owner or operator shall visually inspect the container 
and its cover and closure devices to check for visible cracks, holes, 
gaps, or other open spaces into the interior of the container when the 
cover and closure devices are secured in the closed position. The 
container visual inspection shall be conducted on or before the date 
that the

[[Page 64660]]

container is accepted at the facility (i.e., the date the container 
becomes subject to the subpart CC container standards). For purposes of 
this requirement, the date of acceptance is the date of signature that 
the facility owner or operator enters on Item 20 of the Uniform 
Hazardous Waste Manifest in the appendix to 40 CFR part 262 (EPA Forms 
8700-22 and 8700-22A), as required under subpart E of this part, at 40 
CFR 264.71. If a defect is detected, the owner or operator shall repair 
the defect in accordance with the requirements of paragraph (c)(4)(iii) 
of this section.
* * * * *
    (d) * * *
    (2) Transfer of hazardous waste in or out of a container using 
Container Level 2 controls shall be conducted in such a manner as to 
minimize exposure of the hazardous waste to the atmosphere, to the 
extent practical, considering the physical properties of the hazardous 
waste and good engineering and safety practices for handling flammable, 
ignitable, explosive, reactive, or other hazardous materials. Examples 
of container loading procedures that the EPA considers to meet the 
requirements of this paragraph include using any one of the following: 
A submerged-fill pipe or other submerged-fill method to load liquids 
into the container; a vapor-balancing system or a vapor-recovery system 
to collect and control the vapors displaced from the container during 
filling operations; or a fitted opening in the top of a container 
through which the hazardous waste is filled and subsequently purging 
the transfer line before removing it from the container opening.
* * * * *
    (4) * * *
    (i) In the case when a hazardous waste already is in the container 
at the time the owner or operator first accepts possession of the 
container at the facility and the container is not emptied within 24 
hours after the container is accepted at the facility (i.e., does not 
meet the conditions for an empty container as specified in 40 CFR 
261.7(b)), the owner or operator shall visually inspect the container 
and its cover and closure devices to check for visible cracks, holes, 
gaps, or other open spaces into the interior of the container when the 
cover and closure devices are secured in the closed position. The 
container visual inspection shall be conducted on or before the date 
that the container is accepted at the facility (i.e., the date the 
container becomes subject to the subpart CC container standards). For 
purposes of this requirement, the date of acceptance is the date of 
signature that the facility owner or operator enters on Item 20 of the 
Uniform Hazardous Waste Manifest in the appendix to 40 CFR part 262 
(EPA Forms 8700-22 and 8700-22A), as required under subpart E of this 
part, at 40 CFR 264.71. If a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (d)(4)(iii) of this section.
* * * * *
    (g) To determine compliance with the no detectable organic 
emissions requirement of paragraph (d)(1)(ii) of this section, the 
procedure specified in Sec. 264.1083(d) of this subpart shall be used.
* * * * *
    17. Section 264.1087 is amended by revising paragraphs (c)(3)(ii) 
and (c)(7) to read as follows:


Sec. 264.1087  Standards: Closed-vent systems and control devices.

* * * * *
    (c) * * *
    (3) * * *
    (ii) All carbon that is a hazardous waste and that is removed from 
the control device shall be managed in accordance with the requirements 
of 40 CFR 264.1033(n), regardless of the average volatile organic 
concentration of the carbon.
* * * * *
    (7) The closed-vent system and control device shall be inspected 
and monitored by the owner or operator in accordance with the 
procedures specified in 40 CFR 264.1033(f)(2) and 40 CFR 264.1033(l). 
The readings from each monitoring device required by 40 CFR 
264.1033(f)(2) shall be inspected at least once each operating day to 
check control device operation. Any necessary corrective measures shall 
be immediately implemented to ensure the control device is operated in 
compliance with the requirements of this section.
    18. Section 264.1089 is amended by revising paragraphs (a), 
(b)(1)(ii)(B), and (f)(1) and adding paragraph (j) to read as follows:


Sec. 264.1089  Recordkeeping requirements.

    (a) Each owner or operator of a facility subject to requirements of 
this subpart shall record and maintain the information specified in 
paragraphs (b) through (j) of this section, as applicable to the 
facility. Except for air emission control equipment design 
documentation and information required by paragraphs (i) and (j) of 
this section, records required by this section shall be maintained in 
the operating record for a minimum of 3 years. Air emission control 
equipment design documentation shall be maintained in the operating 
record until the air emission control equipment is replaced or 
otherwise no longer in service. Information required by paragraphs (i) 
and (j) of this section shall be maintained in the operating record for 
as long as the waste management unit is not using air emission controls 
specified in Secs. 264.1084 through 264.1087 of this subpart in 
accordance with the conditions specified in Sec. 264.1080(d) or 
Sec. 264.1080(b)(7) of this subpart, respectively.
    (b) * * *
    (1) * * *
    (ii) * * *
    (B) For each defect detected during the inspection: The location of 
the defect, a description of the defect, the date of detection, and 
corrective action taken to repair the defect. In the event that repair 
of the defect is delayed in accordance with the requirements of 
Sec. 264.1084 of this subpart, the owner or operator shall also record 
the reason for the delay and the date that completion of repair of the 
defect is expected.
* * * * *
    (f) * * *
    (1) For tanks, surface impoundments, and containers exempted under 
the hazardous waste organic concentration conditions specified in 
Sec. 264.1082(c)(1) or Secs. 264.1082(c)(2)(i) through (c)(2)(vi) of 
this subpart, the owner or operator shall record the information used 
for each waste determination (e.g., test results, measurements, 
calculations, and other documentation) in the facility operating log. 
If analysis results for waste samples are used for the waste 
determination, then the owner or operator shall record the date, time, 
and location that each waste sample is collected in accordance with 
applicable requirements of Sec. 264.1083 of this subpart.
* * * * *
    (j) For each hazardous waste management unit not using air emission 
controls specified in Secs. 264.1084 through 264.1087 of this subpart 
in accordance with the requirements of Sec. 264.1080(b)(7) of this 
subpart, the owner and operator shall record and maintain the following 
information:
    (1) Certification that the waste management unit is equipped with 
and operating air emission controls in accordance with the requirements 
of an applicable Clean Air Act regulation codified under 40 CFR part 
60, part 61, or part 63.
    (2) Identification of the specific requirements codified under 40 
CFR

[[Page 64661]]

part 60, part 61, or part 63 with which the waste management unit is in 
compliance.

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF 
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

    19. The authority citation for part 265 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6935.

Subpart B--General Facility Standards

    20. Section 265.15 is amended by revising paragraph (b)(4) to read 
as follows:


Sec. 265.15  General inspection requirements.

* * * * *
    (b) * * *
    (4) The frequency of inspection may vary for the items on the 
schedule. However, the frequency should be based on the rate of 
deterioration of the equipment and the probability of an environmental 
or human health incident if the deterioration, malfunction, or any 
operator error goes undetected between inspections. Areas subject to 
spills, such as loading and unloading areas, must be inspected daily 
when in use. At a minimum, the inspection schedule must include the 
items and frequencies called for in Secs. 265.174, 265.193, 265.195, 
265.226, 265.260, 265.278, 265.304, 265.347, 265.377, 265.403, 
265.1033, 265.1052, 265.1053, 265.1058, and 265.1084 through 265.1090 
of this part, where applicable.
* * * * *

Subpart E--Manifest System, Recordkeeping, and Reporting

    21. Section 265.73 is amended by revising paragraph (b)(6), and 
leaving the ``COMMENT'' at the end of the paragraph, to read as 
follows:


Sec. 265.73  Operating record.

* * * * *
    (b) * * *
    (6) Monitoring, testing or analytical data, and corrective action 
where required by subpart F of this part and by Secs. 265.19, 265.90, 
265.94, 265.191, 265.193, 265.195, 265.222, 265.223, 265.226, 265.255, 
265.259, 265.260, 265.276, 265.278, 265.280(d)(1), 265.302 through 
265.304, 265.347, 265.377, 265.1034(c) through 265.1034(f), 265.1035, 
265.1063(d) through 265.1063(i), 265.1064, and 265.1083 through 
265.1090 of this part.
* * * * *

Subpart AA--Air Emission Standards for Process Vents

    22. Section 265.1030 is amended by revising paragraph (b)(3), 
leaving the ``NOTE'' at the end of paragrpah (b)(3), and adding 
paragraph (d), to read as follows:


Sec. 265.1030  Applicability.

* * * * *
    (b) * * *
    (3) A unit that is exempt from permitting under the provisions of 
40 CFR 262.34(a) (i.e., a ``90-day'' tank or container) and is not a 
recycling unit under the requirements of 40 CFR 261.6.
    (d) The requirements of this subpart do not apply to the process 
vents at a facility where the facility owner or operator certifies that 
all of the process vents that would otherwise be subject to this 
subpart are equipped with and operating air emission controls in 
accordance with the process vent requirements of an applicable Clean 
Air Act regulation codified under 40 CFR part 60, part 61, or part 63. 
The documentation of compliance under regulations at 40 CFR part 60, 
part 61, or part 63 shall be kept with, or made readily available with, 
the facility operating record.
    23. Section 265.1033 is amended by revising paragraphs (a)(2) and 
(f)(2)(vi)(B) to read as follows:


Sec. 265.1033  Standards: Closed-vent systems and control devices.

    (a) * * *
    (2)(i) The owner or operator of an existing facility who cannot 
install a closed-vent system and control device to comply with the 
provisions of this subpart on the effective date that the facility 
becomes subject to the requirements of this subpart must prepare an 
implementation schedule that includes dates by which the closed-vent 
system and control device will be installed and in operation. The 
controls must be installed as soon as possible, but the implementation 
schedule may allow up to 30 months after the effective date that the 
facility becomes subject to this subpart for installation and startup.
    (ii) Any unit that begins operation after December 21, 1990, and is 
subject to the requirements of this subpart when operation begins, must 
comply with the rules immediately (i.e., must have control devices 
installed and operating on startup of the affected unit); the 30-month 
implementation schedule does not apply.
    (iii) The owner or operator of any facility in existence on the 
effective date of a statutory or EPA regulatory amendment that renders 
the facility subject to this subpart shall comply with all requirements 
of this subpart as soon as practicable but no later than 30 months 
after the amendment's effective date. When control equipment required 
by this subpart can not be installed and begin operation by the 
effective date of the amendment, the facility owner or operator shall 
prepare an implementation schedule that includes the following 
information: Specific calendar dates for award of contracts or issuance 
of purchase orders for the control equipment, initiation of on-site 
installation of the control equipment, completion of the control 
equipment installation, and performance of any testing to demonstrate 
that the installed equipment meets the applicable standards of this 
subpart. The owner or operator shall enter the implementation schedule 
in the operating record or in a permanent, readily available file 
located at the facility.
    (iv) Owners and operators of facilities and units that become newly 
subject to the requirements of this subpart after December 8, 1997, due 
to an action other than those described in paragraph (a)(2)(iii) of 
this section must comply with all applicable requirements immediately 
(i.e., must have control devices installed and operating on the date 
the facility or unit becomes subject to this subpart; the 30-month 
implementation schedule does not apply).
* * * * *
    (f) * * *
    (2) * * *
    (vi) * * *
    (B) A temperature monitoring device equipped with a continuous 
recorder. The device shall be capable of monitoring temperature with an 
accuracy of <plus-minus>1 percent of the temperature being monitored in 
degrees Celsius ( deg.C) or <plus-minus>0.5  deg.C, whichever is 
greater. The temperature sensor shall be installed at a location in the 
exhaust vent stream from the condenser exit (i.e., product side).
* * * * *

Subpart BB--Air Emission Standards for Equipment Leaks

    24. Section 265.1050 is amended by revising paragraphs (b)(3) and 
(e) to read as follows:


Sec. 265.1050  Applicability.

* * * * *
    (b) * * *
    (3) A unit that is exempt from permitting under the provisions of 
40 CFR 262.34(a) (i.e., a ``90-day'' tank or

[[Page 64662]]

container) and is not a recycling unit under the provisions of 40 CFR 
261.6.
* * * * *
    (e) Equipment that contains or contacts hazardous waste with an 
organic concentration of at least 10 percent by weight for less than 
300 hours per calendar year is excluded from the requirements of 
Secs. 265.1052 through 265.1060 of this subpart if it is identified, as 
required in Sec. 265.1064(g)(6) of this subpart.
* * * * *
    25. Section 265.1060 is revised to read as follows:


Sec. 265.1060  Standards: Closed-vent systems and control devices.

    (a) Owners and operators of closed-vent systems and control devices 
subject to this subpart shall comply with the provisions of 
Sec. 265.1033 of this part.
    (b)(1) The owner or operator of an existing facility who can not 
install a closed-vent system and control device to comply with the 
provisions of this subpart on the effective date that the facility 
becomes subject to the provisions of this subpart must prepare an 
implementation schedule that includes dates by which the closed-vent 
system and control device will be installed and in operation. The 
controls must be installed as soon as possible, but the implementation 
schedule may allow up to 30 months after the effective date that the 
facility becomes subject to this subpart for installation and startup.
    (2) Any units that begin operation after December 21, 1990, and are 
subject to the provisions of this subpart when operation begins, must 
comply with the rules immediately (i.e., must have control devices 
installed and operating on startup of the affected unit); the 30-month 
implementation schedule does not apply.
    (3) The owner or operator of any facility in existence on the 
effective date of a statutory or EPA regulatory amendment that renders 
the facility subject to this subpart shall comply with all requirements 
of this subpart as soon as practicable but no later than 30 months 
after the amendment's effective date. When control equipment required 
by this subpart can not be installed and begin operation by the 
effective date of the amendment, the facility owner or operator shall 
prepare an implementation schedule that includes the following 
information: Specific calendar dates for award of contracts or issuance 
of purchase orders for the control equipment, initiation of on-site 
installation of the control equipment, completion of the control 
equipment installation, and performance of any testing to demonstrate 
that the installed equipment meets the applicable standards of this 
subpart. The owner or operator shall enter the implementation schedule 
in the operating record or in a permanent, readily available file 
located at the facility.
    (4) Owners and operators of facilities and units that become newly 
subject to the requirements of this subpart after December 8, 1997 due 
to an action other than those described in paragraph (b)(3) of this 
section must comply with all applicable requirements immediately (i.e., 
must have control devices installed and operating on the date the 
facility or unit becomes subject to this subpart; the 30-month 
implementation schedule does not apply).
    26. Section 265.1062 is amended by revising paragraphs (b)(2) and 
(b)(3) to read as follows:


Sec. 265.1062  Alternative standards for valves in gas/vapor service or 
in light liquid service: skip period leak detection and repair.

* * * * *
    (b) * * *
    (2) After two consecutive quarterly leak detection periods with the 
percentage of valves leaking equal to or less than 2 percent, an owner 
or operator may begin to skip one of the quarterly leak detection 
periods (i.e., monitor for leaks once every six months) for the valves 
subject to the requirements in Sec. 265.1057 of this subpart.
    (3) After five consecutive quarterly leak detection periods with 
the percentage of valves leaking equal to or less than 2 percent, an 
owner or operator may begin to skip three of the quarterly leak 
detection periods (i.e., monitor for leaks once every year) for the 
valves subject to the requirements in Sec. 265.1057 of this subpart.
* * * * *
    27. Section 265.1064 is amended by revising paragraphs (g)(6) and 
(m) to read as follows:


Sec. 265.1064  Recordkeeping requirements.

* * * * *
    (g) * * *
    (6) Identification, either by list or location (area or group) of 
equipment that contains or contacts hazardous waste with an organic 
concentration of at least 10 percent by weight for less than 300 hours 
per calendar year.
* * * * *
    (m) The owner or operator of any facility with equipment that is 
subject to this subpart and to leak detection, monitoring, and repair 
requirements under regulations at 40 CFR part 60, part 61, or part 63 
may elect to determine compliance with this subpart either by 
documentation pursuant to Sec. 265.1064 of this subpart, or by 
documentation of compliance with the regulations at 40 CFR part 60, 
part 61, or part 63 pursuant to the relevant provisions of the 
regulations at 40 part 60, part 61, or part 63. The documentation of 
compliance under regulation at 40 CFR part 60, part 61, or part 63 
shall be kept with or made readily available with the facility 
operating record.

Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, 
and Containers

    28. Section 265.1080 is amended by revising paragraphs (b)(1) and 
the introductory paragraph of (c) to read as follows:


Sec. 265.1080  Applicability.

* * * * *
    (b) * * *
    (1) A waste management unit that holds hazardous waste placed in 
the unit before December 6, 1996, and in which no hazardous waste is 
added to the unit on or after December 6, 1996.
* * * * *
    (c) For the owner and operator of a facility subject to this 
subpart who has received a final permit under RCRA section 3005 prior 
to December 6, 1996, the following requirements apply:
* * * * *
    29. Section 265.1081 is amended by revising the definition of ``In 
light material service'' to read as follows:


Sec. 265.1081  Definitions.

* * * * *
    In light material service means the container is used to manage a 
material for which both of the following conditions apply: The vapor 
pressure of one or more of the organic constituents in the material is 
greater than 0.3 kilopascals (kPa) at 20  deg.C; and the total 
concentration of the pure organic constituents having a vapor pressure 
greater than 0.3 kPa at 20  deg.C is equal to or greater than 20 
percent by weight.
* * * * *
    30. Section 265.1082 is revised to read as follows:


Sec. 265.1082  Schedule for implementation of air emission standards.

    (a) Owners or operators of facilities existing on December 6, 1996 
and subject to subparts I, J, and K of this part shall meet the 
following requirements:
    (1) Install and begin operation of all control equipment or waste 
management units required to comply with this subpart and complete 
modifications of production or

[[Page 64663]]

treatment processes to satisfy exemption criteria in accordance with 
Sec. 265.1083(c) of this subpart by December 6, 1996, except as 
provided for in paragraph (a)(2) of this section.
    (2) When control equipment or waste management units required to 
comply with this subpart cannot be installed and in operation or 
modifications of production or treatment processes to satisfy exemption 
criteria in accordance with Sec. 265.1083(c) of this subpart cannot be 
completed by December 6, 1996, the owner or operator shall:
    (i) Install and begin operation of the control equipment and waste 
management units, and complete modifications of production or treatment 
processes as soon as possible but no later than December 8, 1997.
    (ii) Prepare an implementation schedule that includes the following 
information: specific calendar dates for award of contracts or issuance 
of purchase orders for control equipment, waste management units, and 
production or treatment process modifications; initiation of on-site 
installation of control equipment or waste management units, and 
modifications of production or treatment processes; completion of 
control equipment or waste management unit installation, and production 
or treatment process modifications; and performance of testing to 
demonstrate that the installed equipment or waste management units, and 
modified production or treatment processes meet the applicable 
standards of this subpart.
    (iii) For facilities subject to the recordkeeping requirements of 
Sec. 265.73 of this part, the owner or operator shall enter the 
implementation schedule specified in paragraph (a)(2)(ii) of this 
section in the operating record no later than December 6, 1996.
    (iv) For facilities not subject to Sec. 265.73 of this part, the 
owner or operator shall enter the implementation schedule specified in 
paragraph (a)(2)(ii) of this section in a permanent, readily available 
file located at the facility no later than December 6, 1996.
    (b) Owners or operators of facilities and units in existence on the 
effective date of a statutory or EPA regulatory amendment that renders 
the facility subject to subparts I, J, or K of this part shall meet the 
following requirements:
    (1) Install and begin operation of control equipment or waste 
management units required to comply with this subpart, and complete 
modifications of production or treatment processes to satisfy exemption 
criteria of Sec. 265.1083(c) of this subpart by the effective date of 
the amendment, except as provided for in paragraph (b)(2) of this 
section.
    (2) When control equipment or waste management units required to 
comply with this subpart cannot be installed and begin operation, or 
when modifications of production or treatment processes to satisfy 
exemption criteria of Sec. 265.1083(c) of this subpart cannot be 
completed by the effective date of the amendment, the owner or operator 
shall:
    (i) Install and begin operation of the control equipment or waste 
management unit, and complete modification of production or treatment 
processes as soon as possible but no later than 30 months after the 
effective date of the amendment.
    (ii) For facilities subject to the recordkeeping requirements of 
Sec. 265.73 of this part, enter and maintain the implementation 
schedule specified in paragraph (a)(2)(ii) of this section in the 
operating record no later than the effective date of the amendment, or
    (iii) For facilities not subject to Sec. 265.73 of this part, the 
owner or operator shall enter and maintain the implementation schedule 
specified in paragraph (a)(2)(ii) of this section in a permanent, 
readily available file located at the facility site no later than the 
effective date of the amendment.
    (c) Owners and operators of facilities and units that become newly 
subject to the requirements of this subpart after December 8, 1997 due 
to an action other than those described in paragraph (b) of this 
section must comply with all applicable requirements immediately (i.e., 
must have control devices installed and operating on the date the 
facility or unit becomes subject to this subpart; the 30-month 
implementation schedule does not apply).
    (d) The Regional Administrator may elect to extend the 
implementation date for control equipment at a facility, on a case by 
case basis, to a date later than December 8, 1997, when special 
circumstances that are beyond the facility owner's or operator's 
control delay installation or operation of control equipment, and the 
owner or operator has made all reasonable and prudent attempts to 
comply with the requirements of this subpart.
    31. Section 265.1083 is amended by revising paragraphs (b), 
(c)(2)(i), (c)(2)(ix)(A), (c)(2)(ix)(B), (c)(3), and (c)(4)(ii) to read 
as follows:


Sec. 265.1083  Standards: General.

* * * * *
    (b) The owner or operator shall control air pollutant emissions 
from each hazardous waste management unit in accordance with standards 
specified in Secs. 265.1085 through 265.1088 of this subpart, as 
applicable to the hazardous waste management unit, except as provided 
for in paragraph (c) of this section.
    (c) * * *
    (2) * * *
    (i) A process that removes or destroys the organics contained in 
the hazardous waste to a level such that the average VO concentration 
of the hazardous waste at the point of waste treatment is less than the 
exit concentration limit (C<INF>t</INF>) established for the process. 
The average VO concentration of the hazardous waste at the point of 
waste treatment and the exit concentration limit for the process shall 
be determined using the procedures specified in Sec. 265.1084(b) of 
this subpart.
* * * * *
    (ix) * * *
    (A) If Method 25D in 40 CFR part 60, appendix A is used for the 
analysis, one-half the blank value determined in the method at section 
4.4 of Method 25D in 40 CFR part 60, appendix A, or a value of 25 ppmw, 
whichever is less.
    (B) If any other analytical method is used, one-half the sum of the 
limits of detection established for each organic constituent in the 
waste that has a Henry's law constant value at least 0.1 mole-fraction-
in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can 
also be expressed as 1.8 x 10<SUP>-6</SUP> atmospheres/gram-mole/
m<SUP>3</SUP>] at 25 degrees Celsius.
    (3) A tank or surface impoundment used for biological treatment of 
hazardous waste in accordance with the requirements of paragraph 
(c)(2)(iv) of this section.
    (4) * * *
    (ii) The organic hazardous constituents in the waste have been 
treated by the treatment technology established by the EPA for the 
waste in 40 CFR 268.42(a), or have been removed or destroyed by an 
equivalent method of treatment approved by EPA pursuant to 40 CFR 
268.42(b).
* * * * *
    32. Section 265.1084 is amended by adding paragraphs (a)(3)(v) and 
(b)(3)(v) and by revising paragraphs (a)(2), (a)(3)(ii)(B), (a)(3)(iii) 
introductory text, (a)(3)(iii)(A), (a)(3)(iii)(F) introductory text, 
(a)(3)(iii)(G), (a)(3)(iii)(G)(1), (a)(3)(iv), (a)(4)(iv), (b)(1), 
(b)(3)(ii)(B), (b)(3)(iii) introductory text, (b)(3)(iii)(F) 
introductory text, (b)(3)(iii)(G) introductory text, (b)(3)(iv), 
(b)(8)(iii), (b)(9)(iv), and (d)(5)(ii) to read as follows:


Sec. 265.1084  Waste determination procedures.

    (a)* * *

[[Page 64664]]

    (2) For a waste determination that is required by paragraph (a)(1) 
of this section, the average VO concentration of a hazardous waste at 
the point of waste origination shall be determined using either direct 
measurement as specified in paragraph (a)(3) of this section or by 
knowledge as specified in paragraph (a)(4) of this section.
    (3) * * *
    (ii) * * *
    (B) A sufficient number of samples, but no less than four samples, 
shall be collected and analyzed for a hazardous waste determination. 
The average of the four or more sample results constitutes a waste 
determination for the waste stream. One or more waste determinations 
may be required to represent the complete range of waste compositions 
and quantities that occur during the entire averaging period due to 
normal variations in the operating conditions for the source or process 
generating the hazardous waste stream. Examples of such normal 
variations are seasonal variations in waste quantity or fluctuations in 
ambient temperature.
* * * * *
    (iii) Analysis. Each collected sample shall be prepared and 
analyzed in accordance with one or more of the methods listed in 
paragraphs (a)(3)(iii)(A) through (a)(3)(iii)(I) of this section, 
including appropriate quality assurance and quality control (QA/QC) 
checks and use of target compounds for calibration. If Method 25D in 40 
CFR part 60, appendix A is not used, then one or more methods should be 
chosen that are appropriate to ensure that the waste determination 
accounts for and reflects all organic compounds in the waste with 
Henry's law constant values at least 0.1 mole-fraction-in-the-gas-
phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be 
expressed as 1.8 x 10<SUP>-6</SUP> atmospheres/gram-mole/m\3\] at 25 
degrees Celsius. Each of the analytical methods listed in paragraphs 
(a)(3)(iii)(B) through (a)(3)(iii)(G) of this section has an associated 
list of approved chemical compounds, for which EPA considers the method 
appropriate for measurement. If an owner or operator uses Method 624, 
625, 1624, or 1625 in 40 CFR part 136, appendix A to analyze one or 
more compounds that are not on that method's published list, the 
Alternative Test Procedure contained in 40 CFR 136.4 and 136.5 must be 
followed. If an owner or operator uses EPA Method 8260 or 8270 in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication SW-846, (incorporated by reference--refer to 
Sec. 260.11(a) of this chapter) to analyze one or more compounds that 
are not on that method's published list, the procedures in paragraph 
(a)(3)(iii)(H) of this section must be followed. At the owner or 
operator's discretion, the concentration of each individual chemical 
constituent measured in the waste by a method other than Method 25D may 
be corrected to the concentration had it been measured using Method 25D 
by multiplying the measured concentration by the constituent-specific 
adjustment factor (f<INF>m25D</INF>) as specified in paragraph 
(a)(4)(iii) of this section. Constituent-specific adjustment factors 
(f<INF>m25D</INF>) can be obtained by contacting the Waste and Chemical 
Processes Group, Office of Air Quality Planning and Standards, Research 
Triangle Park, NC 27711.
    (A) Method 25D in 40 CFR part 60, appendix A.
* * * * *
    (F) Method 8260 in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846 (incorporated by 
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal 
quality assurance program consistent with the requirements of Method 
8260. The quality assurance program shall include the following 
elements:
* * * * *
    (G) Method 8270 in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846 (incorporated by 
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal 
quality assurance program consistent with the requirements of Method 
8270. The quality assurance program shall include the following 
elements:
    (1) Documentation of site-specific procedures to minimize the loss 
of compounds due to volatilization, biodegradation, reaction, or 
sorption during the sample collection, storage, preparation, 
introduction, and analysis steps.
* * * * *
    (iv) Calculations.
    (A) The average VO concentration (C) on a mass-weighted basis shall 
be calculated by using the results for all waste determinations 
conducted in accordance with paragraphs (a)(3) (ii) and (iii) of this 
section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR08DE97.000

where:

C = Average VO concentration of the hazardous waste at the point of 
waste origination on a mass-weighted basis, ppmw.
i = Individual waste determination ``i'' of the hazardous waste.
n = Total number of waste determinations of the hazardous waste 
conducted for the averaging period (not to exceed 1 year).
Q<INF>i</INF> = Mass quantity of hazardous waste stream represented by 
C<INF>i</INF>, kg/hr.
Q<INF>T</INF> = Total mass quantity of hazardous waste during the 
averaging period, kg/hr.
C<INF>i</INF> = 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 C<INF>i</INF>, for individual 
waste samples analyzed in accordance with paragraph (a)(3)(iii) of this 
section, the owner or operator shall account for VO concentrations 
determined to be below the limit of detection of the analytical method 
by using the following VO concentration:
    (1) If Method 25D in 40 CFR part 60, Appendix A is used for the 
analysis, one-half the blank value determined in the method at section 
4.4 of Method 25D in 40 CFR part 60, appendix A.
    (2) If any other analytical method is used, one-half the sum of the 
limits of detection established for each organic constituent in the 
waste that has a Henry's law constant values at least 0.1 mole-
fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) 
[which can also be expressed as 1.8 x 10<SUP>-6</SUP> atmospheres/gram-
mole/m<SUP>3</SUP>] at 25 degrees Celsius.
    (v) Provided that the test method is appropriate for the waste as 
required under paragraph (a)(3)(iii) of this section, the EPA will 
determine compliance based on the test method used by the owner or 
operator as recorded pursuant to Sec. 265.1090(f)(1) of this subpart.

[[Page 64665]]

    (4) * * *
    (iv) In the event that the Regional Administrator and the owner or 
operator disagree on a determination of the average VO concentration 
for a hazardous waste stream using knowledge, then the results from a 
determination of average VO concentration using direct measurement as 
specified in paragraph (a)(3) of this section shall be used to 
establish compliance with the applicable requirements of this subpart. 
The Regional Administrator may perform or request that the owner or 
operator perform this determination using direct measurement. The owner 
or operator may choose one or more appropriate methods to analyze each 
collected sample in accordance with the requirements of paragraph 
(a)(3)(iii) of this section.
    (b) * * *
    (1) An owner or operator shall perform the applicable waste 
determination for each treated hazardous waste placed in a waste 
management unit exempted under the provisions of Sec. 265.1083 
(c)(2)(i) through (c)(2)(vi) of this subpart from using air emission 
controls in accordance with standards specified in Secs. 265.1085 
through 265.1088 of this subpart, as applicable to the waste management 
unit.
* * * * *
    (3) * * *
    (ii) * * *
    (B) A sufficient number of samples, but no less than four samples, 
shall be collected and analyzed for a hazardous waste determination. 
The average of the four or more sample results constitutes a waste 
determination for the waste stream. One or more waste determinations 
may be required to represent the complete range of waste compositions 
and quantities that occur during the entire averaging period due to 
normal variations in the operating conditions for the source or process 
generating the hazardous waste stream. Examples of such normal 
variations are seasonal variations in waste quantity or fluctuations in 
ambient temperature.
* * * * *
    (iii) Analysis. Each collected sample shall be prepared and 
analyzed in accordance with one or more of the methods listed in 
paragraphs (b)(3)(iii)(A) through (b)(3)(iii)(I) of this section, 
including appropriate quality assurance and quality control (QA/QC) 
checks and use of target compounds for calibration. When the owner or 
operator is making a waste determination for a treated hazardous waste 
that is to be compared to an average VO concentration at the point of 
waste origination or the point of waste entry to the treatment system, 
to determine if the conditions of Sec. 264.1082(c)(2)(i) through 
(c)(2)(vi) of this part, or Sec. 265.1083(c)(2)(i) through (c)(2)(vi) 
of this subpart are met, then the waste samples shall be prepared and 
analyzed using the same method or methods as were used in making the 
initial waste determinations at the point of waste origination or at 
the point of entry to the treatment system. If Method 25D in 40 CFR 
part 60, appendix A is not used, then one or more methods should be 
chosen that are appropriate to ensure that the waste determination 
accounts for and reflects all organic compounds in the waste with 
Henry's law constant values at least 0.1 mole-fraction-in-the-gas-
phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be 
expressed as 1.8 x 10-<SUP>6</SUP> atmospheres/gram-mole/m<SUP>3</SUP>] 
at 25 degrees Celsius. Each of the analytical methods listed in 
paragraphs (b)(3)(iii)(B) through (b)(3)(iii)(G) of this section has an 
associated list of approved chemical compounds, for which EPA considers 
the method appropriate for measurement. If an owner or operator uses 
Method 624, 625, 1624, or 1625 in 40 CFR part 136, appendix A to 
analyze one or more compounds that are not on that method's published 
list, the Alternative Test Procedure contained in 40 CFR 136.4 and 
136.5 must be followed. If an owner or operator uses Method 8260 or 
8270 in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication SW-846, (incorporated by reference--refer to 
Sec. 260.11(a) of this chapter) to analyze one or more compounds that 
are not on that method's published list, the procedures in paragraph 
(b)(3)(iii)(H) of this section must be followed. At the owner or 
operator's discretion, the concentration of each individual chemical 
constituent measured in the waste by a method other than Method 25D may 
be corrected to the concentration had it been measured using Method 25D 
by multiplying the measured concentration by the constituent-specific 
adjustment factor (f<INF>m25D</INF>) as specified in paragraph 
(b)(4)(iii) of this section. Constituent-specific adjustment factors 
(f<INF>m25D</INF>) can be obtained by contacting the Waste and Chemical 
Processes Group, Office of Air Quality Planning and Standards, Research 
Triangle Park, NC 27711.
* * * * *
    (F) Method 8260 in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846 (incorporated by 
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal 
quality assurance program consistent with the requirements of Method 
8260. The quality assurance program shall include the following 
elements:
* * * * *
    (G) Method 8270 in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846 (incorporated by 
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal 
quality assurance program consistent with the requirements of Method 
8270. The quality assurance program shall include the following 
elements:
* * * * *
    (iv) Calculations. The average VO concentration (C) on a mass-
weighted basis shall be calculated by using the results for all waste 
determinations conducted in accordance with paragraphs (b)(3)(ii) and 
(iii) of this section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR08DE97.001

where:
C=Average VO concentration of the hazardous waste at the point of waste 
treatment on a mass-weighted basis, ppmw.
i=Individual waste determination ``i'' of the hazardous waste.
n=Total number of waste determinations of the hazardous waste conducted 
for the averaging period (not to exceed 1 year).
Q<INF>i</INF>=Mass quantity of hazardous waste stream represented by 
C<INF>i</INF>, kg/hr.
Q<INF>T</INF>=Total mass quantity of hazardous waste during the 
averaging period, kg/hr.
C<INF>i</INF>=Measured VO concentration of waste determination ``i'' as 
determined in accordance with the requirements of paragraph (b)(3)(iii) 
of this

[[Page 64666]]

section (i.e. the average of the four or more samples specified in 
paragraph (b)(3)(ii)(B) of this section), ppmw.
    (v) Provided that the test method is appropriate for the waste as 
required under paragraph (b)(3)(iii) of this section, compliance shall 
be determined based on the test method used by the owner or operator as 
recorded pursuant to Sec. 265.1090(f)(1) of this subpart.
* * * * *
    (8) * * *
    (iii) The MR shall be calculated by using the mass flow rate 
determined in accordance with the requirements of paragraph (b)(8)(ii) 
of this section and the following equation:

MR=E<INF>b</INF>-E<INF>a</INF>

Where:
MR=Actual organic mass removal rate, kg/hr.
E<INF>b</INF>=Waste volatile organic mass flow entering process as 
determined in accordance with the requirements of paragraph (b)(5)(iv) 
of this section, kg/hr.
E<INF>a</INF>=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 MR<INF>bio</INF> 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:

MR<INF>bio</INF>=E<INF>b</INF> x F<INF>bio</INF>

Where:

MR<INF>bio</INF>=Actual organic mass biodegradation rate, kg/hr.
E<INF>b</INF>=Waste organic mass flow entering process as determined in 
accordance with the requirements of paragraph (b)(5)(iv) of this 
section, kg/hr.
F<INF>bio</INF>=Fraction of organic biodegraded as determined in 
accordance with the requirements of paragraph (b)(9)(iii) of this 
section.
* * * * *
    (d) * * *
    (5) * * *
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but less than, 10,000 ppmv methane or n-hexane.
* * * * *
    33. Section 265.1085 is amended by revising the introductory text 
of paragraph (c)(2)(iii), revising (c)(2)(iii)(B), adding paragraph 
(e)(4), revising paragraph (f)(3)(i)(D)(4), adding paragraph (f)(4), 
and adding paragraph (j)(2)(iii) to read as follows:


Sec. 265.1085  Standards: Tanks.

* * * * *
    (c) * * *
    (2) * * *
    (iii) Each opening in the fixed roof, and any manifold system 
associated with the fixed roof, shall be either:
* * * * *
    (B) Connected by a closed-vent system that is vented to a control 
device. The control device shall remove or destroy organics in the vent 
stream, and shall be operating whenever hazardous waste is managed in 
the tank, except as provided for in paragraphs (c)(2)(iii)(B)(1) and 
(2) of this section.
    (1) During periods it is necessary to provide access to the tank 
for performing the activities of paragraph (c)(2)(iii)(B)(2) of this 
section, venting of the vapor headspace underneath the fixed roof to 
the control device is not required, opening of closure devices is 
allowed, and removal of the fixed roof is allowed. Following completion 
of the activity, the owner or operator shall promptly secure the 
closure device in the closed position or reinstall the cover, as 
applicable, and resume operation of the control device.
    (2) During periods of routine inspection, maintenance, or other 
activities needed for normal operations, and for the removal of 
accumulated sludge or other residues from the bottom of the tank.
* * * * *
    (e) * * *
    (4) Safety devices, as defined in Sec. 265.1081 of this subpart, 
may be installed and operated as necessary on any tank complying with 
the requirements of paragraph (e) of this section.
    (f) * * *
    (3) * * *
    (i) * * *
    (D) * * *
    (4) The total gap area shall be calculated by adding the gap 
surface areas determined for each identified gap location for the 
primary seal and the secondary seal individually, and then dividing the 
sum for each seal type by the nominal diameter of the tank. These total 
gap areas for the primary seal and secondary seal are then compared to 
the respective standards for the seal type as specified in paragraph 
(f)(1)(ii) of this section.
* * * * *
    (4) Safety devices, as defined in 40 CFR 265.1081, may be installed 
and operated as necessary on any tank complying with the requirements 
of paragraph (f) of this section.
* * * * *
    (j) * * *
    (2) * * *
    (iii) The hazardous waste meets the requirements of 
Sec. 265.1083(c)(4) of this subpart.
* * * * *
    34. Section 265.1086 is amended by revising paragraphs (b)(2), 
(d)(1)(iii), and (d)(2)(i)(B) and adding paragraph (e)(2)(iii) to read 
as follows:


Sec. 265.1086  Standards: Surface impoundments.

* * * * *
    (b) * * *
    (2) A cover that is vented through a closed-vent system to a 
control device in accordance with the requirements specified in 
paragraph (d) of this section.
* * * * *
    (d) * * *
    (1) * * *
    (iii) The cover and its closure devices shall be made of suitable 
materials that will minimize exposure of the hazardous waste to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the cover and closure devices throughout their intended service life. 
Factors to be considered when selecting the materials of construction 
and designing the cover and closure devices shall include: Organic 
vapor permeability; the effects of any contact with the liquid or its 
vapors managed in the surface impoundment; the effects of outdoor 
exposure to wind, moisture, and sunlight; and the operating practices 
used for the surface impoundment on which the cover is installed.
* * * * *
    (2) * * *
    (i) * * *
    (B) To remove accumulated sludge or other residues from the bottom 
of the surface impoundment.
* * * * *
    (e) * * *
    (2) * * *
    (iii) The hazardous waste meets the requirements of 
Sec. 265.1083(c)(4) of this subpart.
* * * * *
    35. Section 265.1087 is amended by revising paragraphs (c)(4)(i), 
(d)(4)(i), and the introductory text of paragraph (g) to read as 
follows:


Sec. 265.1087  Standards: Containers.

* * * * *
    (c) * * *
    (4) * * *
    (i) In the case when a hazardous waste already is in the container 
at the time

[[Page 64667]]

the owner or operator first accepts possession of the container at the 
facility and the container is not emptied within 24 hours after the 
container is accepted at the facility (i.e., does not meet the 
conditions for an empty container as specified in 40 CFR 261.7(b)), the 
owner or operator shall visually inspect the container and its cover 
and closure devices to check for visible cracks, holes, gaps, or other 
open spaces into the interior of the container when the cover and 
closure devices are secured in the closed position. The container 
visual inspection shall be conducted on or before the date that the 
container is accepted at the facility (i.e., the date the container 
becomes subject to the subpart CC container standards). For purposes of 
this requirement, the date of acceptance is the date of signature that 
the facility owner or operator enters on Item 20 of the Uniform 
Hazardous Waste Manifest in the appendix to 40 CFR part 262 (EPA Forms 
8700-22 and 8700-22A), as required under subpart E of this part, at 40 
CFR 265.71. If a defect is detected, the owner or operator shall repair 
the defect in accordance with the requirements of paragraph (c)(4)(iii) 
of this section.
* * * * *
    (d) * * *
    (4) * * *
    (i) In the case when a hazardous waste already is in the container 
at the time the owner or operator first accepts possession of the 
container at the facility and the container is not emptied within 24 
hours after the container is accepted at the facility (i.e., does not 
meet the conditions for an empty container as specified in 40 CFR 
261.7(b)), the owner or operator shall visually inspect the container 
and its cover and closure devices to check for visible cracks, holes, 
gaps, or other open spaces into the interior of the container when the 
cover and closure devices are secured in the closed position. The 
container visual inspection shall be conducted on or before the date 
that the container is accepted at the facility (i.e., the date the 
container becomes subject to the subpart CC container standards). For 
purposes of this requirement, the date of acceptance is the date of 
signature that the facility owner or operator enters on Item 20 of the 
Uniform Hazardous Waste Manifest in the appendix to 40 CFR part 262 
(EPA Forms 8700-22 and 8700-22A), as required under subpart E of this 
part, at Sec. 265.71. If a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (d)(4)(iii) of this section.
* * * * *
    (g) To determine compliance with the no detectable organic 
emissions requirements of paragraph (d)(1)(ii) of this section, the 
procedure specified in Sec. 265.1084(d) of this subpart shall be used.
* * * * *
    36. Section 265.1088 is amended by revising paragraphs (c)(3)(ii) 
and (c)(7) to read as follows:


Sec. 265.1088  Standards: Closed-vent systems and control devices.

* * * * *
    (c) * * *
    (3) * * *
    (ii) All carbon that is a hazardous waste and that is removed from 
the control device shall be managed in accordance with the requirements 
of 40 CFR 265.1033(m), regardless of the average volatile organic 
concentration of the carbon.
* * * * *
    (7) The closed-vent system and control device shall be inspected 
and monitored by the owner or operator in accordance with the 
procedures specified in 40 CFR 265.1033(f)(2) and 40 CFR 265.1033(k). 
The readings from each monitoring device required by 40 CFR 
265.1033(f)(2) shall be inspected at least once each operating day to 
check control device operation. Any necessary corrective measures shall 
be immediately implemented to ensure the control device is operated in 
compliance with the requirements of this section.
    37. Section 265.1090 is amended by revising paragraphs (a), 
(b)(1)(ii)(B), and (f)(1) and adding paragraph (j) to read as follows:


Sec. 265.1090  Recordkeeping requirements.

    (a) Each owner or operator of a facility subject to requirements in 
this subpart shall record and maintain the information specified in 
paragraphs (b) through (j) of this section, as applicable to the 
facility. Except for air emission control equipment design 
documentation and information required by paragraphs (i) and (j) of 
this section, records required by this section shall be maintained in 
the operating record for a minimum of 3 years. Air emission control 
equipment design documentation shall be maintained in the operating 
record until the air emission control equipment is replaced or 
otherwise no longer in service. Information required by paragraphs (i) 
and (j) of this section shall be maintained in the operating record for 
as long as the waste management unit is not using air emission controls 
specified in Secs. 265.1085 through 265.1088 of this subpart in 
accordance with the conditions specified in Sec. 265.1080(d) or 
Sec. 265.1080(b)(7) of this subpart, respectively.
    (b) * * *
    (1) * * *
    (ii) * * *
    (B) For each defect detected during the inspection: The location of 
the defect, a description of the defect, the date of detection, and 
corrective action taken to repair the defect. In the event that repair 
of the defect is delayed in accordance with the provisions of 
Sec. 265.1085 of this subpart, the owner or operator shall also record 
the reason for the delay and the date that completion of repair of the 
defect is expected.
* * * * *
    (f) * * *
    (1) For tanks, surface impoundments, or containers exempted under 
the hazardous waste organic concentration conditions specified in 
Sec. 265.1083(c)(1) or Sec. 265.1084(c)(2)(i) through (c)(2)(vi) of 
this subpart, the owner or operator shall record the information used 
for each waste determination (e.g., test results, measurements, 
calculations, and other documentation) in the facility operating log. 
If analysis results for waste samples are used for the waste 
determination, then the owner or operator shall record the date, time, 
and location that each waste sample is collected in accordance with 
applicable requirements of Sec. 265.1084 of this subpart.
* * * * *
    (j) For each hazardous waste management unit not using air emission 
controls specified in Secs. 265.1085 through 265.1088 of this subpart 
in accordance with the provisions of Sec. 265.1080(b)(7) of this 
subpart, the owner and operator shall record and maintain the following 
information:
    (1) Certification that the waste management unit is equipped with 
and operating air emission controls in accordance with the requirements 
of an applicable Clean Air Act regulation codified under 40 CFR part 
60, part 61, or part 63.
    (2) Identification of the specific requirements codified under 40 
CFR part 60, part 61, or part 63 with which the waste management unit 
is in compliance.
* * * * *
    38. Part 265, Appendix VI is revised to read as follows:

[[Page 64668]]

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

------------------------------------------------------------------------
                       Compound name                           CAS No.  
------------------------------------------------------------------------
Acetaldol..................................................     107-89-1
Acetamide..................................................      60-35-5
2-Acetylaminofluorene......................................      53-96-3
3-Acetyl-5-hydroxypiperidine...............................             
3-Acetylpiperidine.........................................     618-42-8
1-Acetyl-2-thiourea........................................     591-08-2
Acrylamide.................................................      79-06-1
Acrylic acid...............................................      79-10-7
Adenine....................................................      73-24-5
Adipic acid................................................     124-04-9
Adiponitrile...............................................     111-69-3
Alachlor...................................................   15972-60-8
Aldicarb...................................................     116-06-3
Ametryn....................................................     834-12-8
4-Aminobiphenyl............................................      92-67-1
4-Aminopyridine............................................     504-24-5
Aniline....................................................      62-53-3
o-Anisidine................................................      90-04-0
Anthraquinone..............................................      84-65-1
Atrazine...................................................    1912-24-9
Benzenearsonic acid........................................      98-05-5
Benzenesulfonic acid.......................................      98-11-3
Benzidine..................................................      92-87-5
Benzo(a)anthracene.........................................      56-55-3
Benzo(k)fluoranthene.......................................     207-08-9
Benzoic acid...............................................      65-85-0
Benzo(g,h,i)perylene.......................................     191-24-2
Benzo(a)pyrene.............................................      50-32-8
Benzyl alcohol.............................................     100-51-6
gamma-BHC..................................................      58-89-9
Bis(2-ethylhexyl)phthalate.................................     117-81-7
Bromochloromethyl acetate..................................             
Bromoxynil.................................................    1689-84-5
Butyric acid...............................................     107-92-6
Caprolactam (hexahydro-2H-azepin-2-one)....................     105-60-2
Catechol (o-dihydroxybenzene)..............................     120-80-9
Cellulose..................................................    9004-34-6
Cell wall..................................................             
Chlorhydrin (3-Chloro-1,2-propanediol).....................      96-24-2
Chloroacetic acid..........................................      79-11-8
2-Chloroacetophenone.......................................      93-76-5
p-Chloroaniline............................................     106-47-8
p-Chlorobenzophenone.......................................     134-85-0
Chlorobenzilate............................................     510-15-6
p-Chloro-m-cresol (6-chloro-m-cresol)......................      59-50-7
3-Chloro-2,5-diketopyrrolidine.............................             
Chloro-1,2-ethane diol.....................................             
4-Chlorophenol.............................................     106-48-9
Chlorophenol polymers (2-chlorophenol & 4-chlorophenol)....    95-57-8 &
                                                                106-48-9
1-(o-Chlorophenyl)thiourea.................................    5344-82-1
Chrysene...................................................     218-01-9
Citric acid................................................      77-92-9
Creosote...................................................    8001-58-9
m-Cresol...................................................     108-39-4
o-Cresol...................................................      95-48-7
p-Cresol...................................................     106-44-5
Cresol (mixed isomers).....................................    1319-77-3
4-Cumylphenol..............................................     27576-86
Cyanide....................................................      57-12-5
4-Cyanomethyl benzoate.....................................             
Diazinon...................................................     333-41-5
Dibenzo(a,h)anthracene.....................................      53-70-3
Dibutylphthalate...........................................      84-74-2
2,5-Dichloroaniline (N,N'-dichloroaniline).................      95-82-9
2,6-Dichlorobenzonitrile11.................................    1194-65-6
2,6-Dichloro-4-nitroaniline................................      99-30-9
2,5-Dichlorophenol.........................................     333-41-5
3,4-Dichlorotetrahydrofuran................................      3511-19
Dichlorvos (DDVP)..........................................        62737
Diethanolamine.............................................     111-42-2
N,N-Diethylaniline.........................................      91-66-7

[[Page 64669]]

                                                                        
Diethylene glycol..........................................     111-46-6
Diethylene glycol dimethyl ether (dimethyl Carbitol).......     111-96-6
Diethylene glycol monobutyl ether (butyl Carbitol).........     112-34-5
Diethylene glycol monoethyl ether acetate (Carbitol                     
 acetate)..................................................     112-15-2
Diethylene glycol monoethyl ether (Carbitol Cellosolve)....     111-90-0
Diethylene glycol monomethyl ether (methyl Carbitol).......     111-77-3
N,N'-Diethylhydrazine......................................    1615-80-1
Diethyl (4-methylumbelliferyl) thionophosphate.............     299-45-6
Diethyl phosphorothioate...................................     126-75-0
N,N'-Diethylpropionamide...................................   15299-99-7
Dimethoate.................................................      60-51-5
2,3-Dimethoxystrychnidin-10-one............................     357-57-3
4-Dimethylaminoazobenzene..................................      60-11-7
7,12-Dimethylbenz(a)anthracene.............................      57-97-6
3,3-Dimethylbenzidine......................................     119-93-7
Dimethylcarbamoyl chloride.................................      79-44-7
Dimethyldisulfide..........................................     624-92-0
Dimethylformamide..........................................      68-12-2
1,1-Dimethylhydrazine......................................      57-14-7
Dimethylphthalate..........................................     131-11-3
Dimethylsulfone............................................      67-71-0
Dimethylsulfoxide..........................................      67-68-5
4,6-Dinitro-o-cresol.......................................     534-52-1
1,2-Diphenylhydrazine......................................     122-66-7
Dipropylene glycol (1,1'-oxydi-2-propanol).................     110-98-5
Endrin.....................................................      72-20-8
Epinephrine................................................      51-43-4
mono-Ethanolamine..........................................     141-43-5
Ethyl carbamate (urethane).................................      5-17-96
Ethylene glycol............................................     107-21-1
Ethylene glycol monobutyl ether (butyl Cellosolve).........     111-76-2
Ethylene glycol monoethyl ether (Cellosolve)...............     110-80-5
Ethylene glycol monoethyl ether acetate (Cellosolve                     
 acetate)..................................................     111-15-9
Ethylene glycol monomethyl ether (methyl Cellosolve).......     109-86-4
Ethylene glycol monophenyl ether (phenyl Cellosolve).......     122-99-6
Ethylene glycol monopropyl ether (propyl Cellosolve).......    2807-30-9
Ethylene thiourea (2-imidazolidinethione)..................      9-64-57
4-Ethylmorpholine..........................................     100-74-3
3-Ethylphenol..............................................     620-17-7
Fluoroacetic acid, sodium salt.............................      62-74-8
Formaldehyde...............................................      50-00-0
Formamide..................................................      75-12-7
Formic acid................................................      64-18-6
Fumaric acid...............................................     110-17-8
Glutaric acid..............................................     110-94-1
Glycerin (Glycerol)........................................      56-81-5
Glycidol...................................................     556-52-5
Glycinamide................................................     598-41-4
Glyphosate.................................................    1071-83-6
Guthion....................................................      86-50-0
Hexamethylene-1,6-diisocyanate (1,6-diisocyanatohexane)....     822-06-0
Hexamethyl phosphoramide...................................     680-31-9
Hexanoic acid..............................................     142-62-1
Hydrazine..................................................     302-01-2
Hydrocyanic acid...........................................      74-90-8
Hydroquinone...............................................     123-31-9
Hydroxy-2-propionitrile (hydracrylonitrile)................     109-78-4
Indeno (1,2,3-cd) pyrene...................................     193-39-5
Lead acetate...............................................     301-04-2
Lead subacetate (lead acetate, monobasic)..................    1335-32-6
Leucine....................................................      61-90-5
Malathion..................................................     121-75-5
Maleic acid................................................     110-16-7
Maleic anhydride...........................................     108-31-6
Mesityl oxide..............................................     141-79-7
Methane sulfonic acid......................................      75-75-2
Methomyl...................................................   16752-77-5
p-Methoxyphenol............................................     150-76-5
Methyl acrylate............................................      96-33-3
4,4'-Methylene-bis-(2-chloroaniline).......................     101-14-4
4,4'-Methylenediphenyl diisocyanate (diphenyl methane                   
 diisocyanate).............................................     101-68-8
4,4'-Methylenedianiline....................................     101-77-9
Methylene diphenylamine (MDA)..............................             
5-Methylfurfural...........................................     620-02-0

[[Page 64670]]

                                                                        
Methylhydrazine............................................      60-34-4
Methyliminoacetic acid.....................................             
Methyl methane sulfonate...................................      66-27-3
1-Methyl-2-methoxyaziridine................................             
Methylparathion............................................     298-00-0
Methyl sulfuric acid (sulfuric acid, dimethyl ester).......      77-78-1
4-Methylthiophenol.........................................     106-45-6
Monomethylformamide (N-methylformamide)....................     123-39-7
Nabam......................................................     142-59-6
alpha-Naphthol.............................................      90-15-3
beta-Naphthol..............................................     135-19-3
alpha-Naphthylamine........................................     134-32-7
beta-Naphthylamine.........................................      91-59-8
Neopentyl glycol (dimethylolpropane).......................     126-30-7
Niacinamide................................................      98-92-0
o-Nitroaniline.............................................      88-74-4
Nitroglycerin..............................................      55-63-0
2-Nitrophenol..............................................      88-75-5
4-Nitrophenol..............................................     100-02-7
N-Nitrosodimethylamine.....................................      62-75-9
Nitrosoguanidine...........................................     674-81-7
N-Nitroso-n-methylurea.....................................     684-93-5
N-Nitrosomorpholine (4-nitrosomorpholine)..................      59-89-2
Oxalic acid................................................     144-62-7
Parathion..................................................      56-38-2
Pentaerythritol............................................     115-77-5
Phenacetin.................................................      62-44-2
Phenol.....................................................     108-95-2
Phenylacetic acid..........................................     103-82-2
m-Phenylene diamine........................................     108-45-2
o-Phenylene diamine........................................      95-54-5
p-Phenylene diamine........................................     106-50-3
Phenyl mercuric acetate....................................      62-38-4
Phorate....................................................     298-02-2
Phthalic anhydride.........................................      85-44-9
alpha-Picoline (2-methyl pyridine).........................     109-06-8
1,3-Propane sulfone........................................    1120-71-4
beta-Propiolactone.........................................      57-57-8
Proporur (Baygon)..........................................             
Propylene glycol...........................................      57-55-6
Pyrene.....................................................     129-00-0
Pyridinium bromide.........................................   39416-48-3
Quinoline..................................................      91-22-5
Quinone (p-benzoquinone)...................................     106-51-4
Resorcinol.................................................     108-46-3
Simazine...................................................     122-34-9
Sodium acetate.............................................     127-09-3
Sodium formate.............................................     141-53-7
Strychnine.................................................      57-24-9
Succinic acid..............................................     110-15-6
Succinimide................................................     123-56-8
Sulfanilic acid............................................     121-47-1
Terephthalic acid..........................................     100-21-0
Tetraethyldithiopyrophosphate..............................    3689-24-5
Tetraethylenepentamine.....................................     112-57-2
Thiofanox..................................................   39196-18-4
Thiosemicarbazide..........................................      79-19-6
2,4-Toluenediamine.........................................      95-80-7
2,6-Toluenediamine.........................................     823-40-5
3,4-Toluenediamine.........................................     496-72-0
2,4-Toluene diisocyanate...................................     584-84-9
p-Toluic acid..............................................      99-94-5
m-Toluidine................................................     108-44-1
1,1,2-Trichloro-1,2,2-trifluoroethane......................      76-13-1
Triethanolamine............................................     102-71-6
Triethylene glycol dimethyl ether..........................             
Tripropylene glycol........................................   24800-44-0
Warfarin...................................................      81-81-2
3,4-Xylenol (3,4-dimethylphenol)...........................      95-65-8
------------------------------------------------------------------------


[[Page 64671]]

PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE 
PERMIT PROGRAM

    39. The authority citation for part 270 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 
6974.

Subpart B--Permit Application

    40. Section 270.14 is amended by revising paragraph (b)(5) to read 
as follows:


Sec. 270.14  Contents of part B: General requirements.

* * * * *
    (b) * * *
    (5) A copy of the general inspection schedule required by 
Sec. 264.15(b) of this part. Include where applicable, as part of the 
inspection schedule, specific requirements in Secs. 264.174, 
264.193(i), 264.195, 264.226, 264.254, 264.273, 264.303, 264.602, 
264.1033, 264.1052, 264.1053, 264.1058, 264.1084, 264.1085, 264.1086, 
and 264.1088 of this part.
* * * * *

[FR Doc. 97-31792 Filed 12-5-97; 8:45 am]
BILLING CODE 6560-50-P


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