[Federal Register Volume 60, Number 97 (Friday, May 19, 1995)]
[Rules and Regulations]
[Pages 26828-26829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12367]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 264, 265, 270, and 271

[FRL-5206-9]
RIN 2060-AB94


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of postponed effective date.

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SUMMARY: This document postpones the effective date of the final rule 
on Hazardous Waste Treatment, Storage, and Disposal Facilities and 
Hazardous Waste Generators; Organic Air Emission Standards for Tanks, 
Surface Impoundments, and Containers until December 6, 1995.

EFFECTIVE DATE: The final rule will be effective as of December 6, 
1995. The EPA specified in the final rule a schedule that established 
the compliance dates by which different requirements of the rule must 
be met. These compliance dates and requirements are explained further 
in the final rule (59 FR 62896, December 6, 1994) under SUPPLEMENTARY 
INFORMATION. This document only changes the June 5, 1995 effective date 
to December 6, 1995; all other compliance dates for the final rule 
remain as published in the final rule (59 FR 62896, December 6, 1994.)

ADDRESSES: Docket. The supporting information used for the final rule 
is available for public inspection and copying in the RCRA docket. The 
RCRA docket numbers pertaining to the final rule are F-91-CESP-FFFFF, 
F-92-CESA-FFFFF, F-94-CESF-FFFFF, and F-94-CE2A-FFFFF. The docket is 
available for inspection at the EPA RCRA Docket Office (5305), Room 
2616, U.S. Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: For information about this 
postponement contact the RCRA Hotline at (800) 424-9346 toll-free, or 
(703) 920-9810.

SUPPLEMENTARY INFORMATION: This document announces the postponement of 
the effective date for the final Air Emission Standards published under 
the Resource Conservation and Recovery Act. These final standards were 
published on December 6, 1994 (59 FR 62896) and were originally 
scheduled to become effective as of June 5, 1995. Since promulgation, 
the EPA has become aware that certain provisions of the final standards 
may require clarification, and plans to publish a subsequent Federal 
Register document to clarify such provisions. This process may result 
in compliance options that facilities do not now realize are available. 
To ensure that all options are clear to affected facilities, and to 
ensure that all affected facilities have time to make any such 
alterations in their compliance plan prior to the effective date of the 
standards, EPA is postponing the effective date of the final rule for 
six months. The EPA considers a postponement of six months to be 
adequate time to allow for affected facilities to make any such 
necessary adjustments. The EPA also believes that it would be 
inequitable not to postpone the effective date in light of the 
possibility of increased compliance flexibility, so that a modest 
postponement is justified. See 5 U.S.C. 705 (``when an agency finds 
that justice so requires, it may postpone the effective date of action 
taken by it, pending judicial review''). Therefore, the effective date 
of the final rule will be postponed until December 6, 1995. The final 
rule text affected by this change is amended as follows.

List of Subjects

40 CFR Part 264

    Environmental protection, Air pollution control, Hazardous waste, 
Insurance, Packaging and containers, Reporting and recordkeeping 
requirements, Security measures, Surety bonds.

40 CFR Part 265

    Air pollution control, Hazardous waste, Insurance, Packaging and 
containers, Reporting and recordkeeping requirements, Security 
measures, Surety bonds, Water supply.

40 CFR Part 271

    Administrative practice and procedure, Confidential business 
information, Hazardous materials transportation, Hazardous waste, 
Indians-lands, Intergovernmental relations, Penalties, Reporting and 
recordkeeping requirements, Water pollution control, Water supply.

    Dated: May 8, 1995.
Mary D. Nichols,
Assistant Administrator Office of Air and Radiation.

    For the reasons set out in the preamble, title 40, chapter I, parts 
264, 265, and 271 of the Code of Federal Regulations are amended as 
follows:

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

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

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

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

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


Sec. 264.1080  Applicability.

* * * * *
    (b) * * *
    (1) A waste management unit that holds hazardous waste placed in 
the unit before December 6, 1995, and in which no hazardous waste is 
added to the unit on or after this date.
* * * * *
    (c) For the owner and operator of a facility subject to this 
subpart and who received a final permit under RCRA section 3005 prior 
to December 6, 1995, the requirements of this subpart shall be 
incorporated into the permit when the permit is reissued in accordance 
with the requirements of Sec. 124.15 of this chapter or reviewed in 
accordance with the requirements of Sec. 270.50(d) of this chapter. 
Until such date when the owner and operator receives a final permit 
incorporating the requirements of this subpart, the owner and operator 
is subject to the requirements of 40 CFR part 265 subpart CC. 
[[Page 26829]] 

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

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

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

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

    4. Section 265.1080 is amended by revising paragraph (b)(1) and 
paragraph (c) introductory text to read as follows:


Sec. 265.1080  Applicability.

* * * * *
    (b) * * *
    (1) A waste management unit that holds hazardous waste placed in 
the unit before December 6, 1995, and in which no hazardous waste is 
added to the unit on or after this date.
* * * * *
    (c) For the owner and operator of a facility subject to this 
subpart who has received a final permit under RCRA section 3005 prior 
to December 6, 1995, the following requirements apply:
* * * * *
    5. Section 265.1082 is amended by revising paragraphs (a) 
introductory text, paragraph (a)(1), (a)(2), introductory text, 
(a)(2)(iii), and (a)(2)(iv) to read as follows:


Sec. 265.1082  Schedule for implementation of air emission standards.

    (a) Owners or operators of facilities existing on December 6, 1995, 
and subject to subparts I, J, and K of this part shall meet the 
following requirements:
    (1) Install and begin operation of all control equipment required 
by this subpart by December 6, 1995, except as provided for in 
paragraph (a)(2) of this section.
    (2) When control equipment required by this subpart cannot be 
installed and in operation by December 6, 1995, the owner or operator 
shall:
    (i) * * *
    (ii) * * *
    (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, 1995.
    (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, 1995.
* * * * *

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE 
PROGRAMS

    6. The authority citation for part 271 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), and 6926.

Subpart A--Requirements for Final Authorization

    7. Section 271.1(j) is amended by adding the promulgation date, 
Federal Register reference, and effective date to the following entry 
in Table 1 to read as follows:


Sec. 271.1  Purpose and scope.

* * * * *
    (j) * * *

               Table 1.--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984              
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  Promulgation date           Title of regulation              Federal Register reference       Effective date  
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*                  *                  *                  *                  *                  *                
                                                        *                                                       
Dec. 6, 1994........  Air Emission Standards for Tanks,    59 FR 62896-62953                  Dec. 6, 1995.     
                       Surface Impoundments, and                                                                
                       Containers.                                                                              
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    8. Section 271.1(j) is amended by revising the effective date and 
adding the Federal Register reference to the following entry in Table 2 
to read as follows:


Sec. 271.1  Purpose and scope.

* * * * *
    (j) * * *

           Table 2.--Self-Implementing Provisions of the Hazardous and Solid Waste Amendments of 1984           
----------------------------------------------------------------------------------------------------------------
   Effective date            Self-implementing provision            RCRA citation     Federal Register reference
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Dec. 6, 1995........  Air Emission Standards for Tanks,         3004(n).............  59 FR 62896-62953.        
                       Surface Impoundments, and Containers.                                                    
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[FR Doc. 95-12367 Filed 5-18-95; 8:45 am]
BILLING CODE 6560-50-P