28508 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

2. Section 17.5 is amended by revising

the sixth sentence to read as follows:

§ 17.5 Bids.

* * * Bids must be accompanied by

certified checks, post office money

orders, bank drafts, or cashier’s checks

made payable to the United States of

America for 2 percent of the amount of

the fair market value or $2,500,

whichever is greater, in the case of a

freehold interest or for the amount of

the first year’s rent in the case of a

leasehold interest. * * *

3. Section 17.6 is amended by adding

two sentences to the end of the section,

to read as follows:

§ 17.6 Action at close of bidding.

* * * In the case of a freehold

interest, the high bidder must submit

the balance of the bid within 45 days of

the bid award in the form of a certified

check, post office money order, bank

draft, or cashier’s check, made payable

to the United States of America. Failure

to submit the full balance within 45

days will result in the forfeiture of

$1,000 of bid deposit, unless the bidder

has been released from the bid or an

extension has been granted by the

authorized officer, and the property will

be awarded to the next highest bidder

upon fulfillment of the requirements of

this section.

Date: May 19, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–14104 Filed 6–4–96; 8:45 am]

BILLING CODE 4310–70–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 264, 265, 270, and 271

[FRL–5509–4]

RIN 2060–AB94

Hazardous Waste Treatment, Storage,

and Disposal Facilities and Hazardous

Waste Generators; Organic Air

Emission Standards for Tanks, Surface

Impoundments, and Containers

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Amendment of final rule to

postpone requirements.

SUMMARY: This document amends the

EPA standards to postpone the effective

date of the requirements in the

December 6, 1994 final rule entitled,

‘‘Hazardous Waste Treatment, Storage,

and Disposal Facilities and Hazardous

Waste Generators; Organic Air Emission

Standards for Tanks, Surface

Impoundments, and Containers’’ until

October 6, 1996.

DATES: These amendments are effective

June 5, 1996.

ADDRESSES: Docket. The supporting

information used for the final rule is

available for public inspection and

copying in the RCRA docket. The RCRA

docket numbers pertaining to the final

rule are F–91–CESP–FFFFF, F–92–

CESA–FFFFF, F–94–CESF–FFFFF, F–

94–CE2A–FFFFF, F–95–CE3A–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; an appointment is

required 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, S.W.,

Washington, D.C. 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:

1. Postponement of Effective Date for

Rule Requirements

The effective date of the requirements

in the final rule, originally published

December 6, 1994 (59 FR 62896) and

postponed November 13, 1995 (60 FR

56952), are further postponed until

October 6, 1996. The requirements of

these final standards were originally

scheduled to become effective as of June

5, 1995. The EPA specified in the final

rule a schedule that established the

compliance dates by which different

requirements of the final rule must be

met. These compliance dates and

requirements are explained further in

the final rule (59 FR 62896, December

6, 1994) under SUPPLEMENTARY

INFORMATION. Today’s amendment

changes only the effective date of the

requirements contained in the final

standards. The effective date will be

October 6, 1996 for all provisions of the

standards, including the applicability of

40 CFR part 265 subparts AA, BB, and

CC to 90-day accumulation units at

hazardous waste generators, the

applicability of 40 CFR part 265

subparts AA, BB, and CC to RCRA

permitted units, and the applicability of

the final standards to tanks in which

waste stabilization activities are

performed. All other compliance dates

for the final rule remain as published in

the final rule (59 FR 62896.)

The EPA initially extended the

effective date of the requirements in the

final rule for six months to allow time

to clarify certain provisions of the final

rule and develop other compliance

options (see 60 FR 26828, May 19,

1995). On August 14, 1995 the EPA

published a Federal Register notice,

‘‘Proposed rule; data availability’’ (60

FR 41870) and opened RCRA docket F–

95–CE3A–FFFFF to accept comments

on revisions that the EPA is considering

for the final standards. The provisions

of the final rule that these revisions

would affect are the waste

determination procedures, the standards

for containers, and the applicability of

the final standards to units that operate

air emission controls in accordance with

certain Clean Air Act standards. In

addition, these revisions would reduce

the monitoring, record keeping, and

reporting requirements for affected

tanks, surface impoundments, and

containers.

The EPA accepted public comments

on the appropriateness of these

revisions through October 13, 1995, and

is now in the process of finalizing

amendments to the final rule to

incorporate the described revisions,

based on the information the EPA

noticed and the comments EPA

received. As anticipated, the

amendments will provide certain

compliance options for waste

determination procedures and for

container standards that are not

currently available in the published

final rule. On November 13, 1995 (60 FR

56952) the EPA again postponed the

effective date of the rule requirements

until June 6, 1996 to allow time for the

EPA to publish amendments to the

December 6, 1994 final standards. The

EPA expects to publish these

amendments in the near future. Given

that the EPA is in the process of

amending the rule in ways that would

increase compliance flexibility and

possibly reduce certain regulatory

requirements, the EPA considers it

appropriate to delay the June 6, 1996

effective date of the rule requirements

for four months. (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.’’) In particular, the EPA

is not sure that it will have adequate

time to promulgate the amendments

before June 6, 1996 to allow facilities to

avoid compliance expenditures based

on the December 6, 1994 final rule,

expenditures which may prove

unnecessary in light of the projected

amendments. This postponement will

thus allow time for the EPA to publish
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations 28509

the amendments. The EPA anticipates

that by October 6, 1996 affected sources

will have had ample time to make any

necessary alterations to their

compliance plans in response to the

amendments. Affected sources have

been on notice of the final regulations

since they were published in December

of 1994. The EPA expects that by early

1995, most facilities had begun

preparing their implementation

strategies and planning for any

necessary equipment modifications, in

anticipation of the originally scheduled

implementation date of June 6, 1995.

Thus, the EPA considers today’s four

month extension to be sufficient time

for affected facilities to become familiar

with the revised requirements contained

in the amended standards, and to make

any necessary revisions to their

implementation strategies.

The EPA has received a request to

stay the rule from parties that brought

judicial challenges to the December 6,

1994 published rule. In taking this

action to postpone the effective date of

the rule requirements, the EPA is not

concurring that the criteria for a stay

(such as likelihood of irreparable harm

or likelihood that these parties will

ultimately prevail should the rule be

litigated) are met. Rather, as a

prudential matter, the EPA believes that

a four month delay is appropriate for the

reasons explained above.

2. Retention of Final Compliance Date

of December 8, 1997

The December 6, 1994 published rule

set a final compliance date of December

8, 1997, by which time all required air

emission control equipment must be

operating (59 FR 62897). The EPA does

not believe that postponing the effective

date of the rule requirements

necessitates any postponement of the

December 8, 1997 compliance date. The

final compliance date was chosen to

allow time for facility modifications that

may be involved in the compliance

approach of certain facilities. The EPA

believes that, for many air emission

control applications, the required

control devices can be installed and in

operation within several months.

However, the EPA agrees that under

some circumstances, the owner’s or

operator’s approach to complying with

the air emission control requirements

under the subpart CC standards may

involve a major design and construction

project which requires a longer time to

complete. In recognition of these cases,

the EPA decided that it is reasonable to

allow up to December 8, 1997 for

affected facilities to install and begin

operation of air emission controls

required by the supbart CC standards.

(Hazardous Waste TSDF Background

Information Document for Promulgated

Organic Air Emission Standards, EPA–

453/R–94–076b, page 9–7.)

The final rule requirements that may

necessitate a major modification, as

described above, for tanks are

paragraphs (b) through (d) of 40 CFR

parts 264.1084 and 265.1085. These

paragraphs specify air emission control

equipment that must be operated on

tanks receiving affected hazardous

waste. Similarly, the requirements that

may necessitate such a major

modification for surface impoundments

are paragraphs (b) through (e) of 40 CFR

parts 264.1085 and 265.1086. These

paragraphs specify air emission control

equipment that must be operated on

surface impoundments receiving

affected hazardous waste. To comply

with these requirements for tanks and

surface impoundments, facilities may

choose to construct new hazardous

waste management units to replace

existing units, or may choose to modify

existing hazardous waste management

units. Examples of facility equipment

modifications that could require an

extended period of compliance would

be replacing a large open surface

impoundment with a series of covered

tanks, or fitting an existing open tank

with a fixed roof vented to a control

device. The EPA recognizes that such

major modifications or new

construction can require several months

or more, and therefore allows until

December 8, 1997 for facilities to

comply with the air emission control

requirements of the final subpart CC

standards.

In addition, certain States may require

that a facility obtain a permit

modification prior to performing a major

modification such as those described

above. The EPA recognizes that such

permit modifications can be a lengthy

process, and therefore felt it was

appropriate to afford an extended

compliance period to allow such

modifications to be obtained (59 FR

62919). The EPA does not expect that

such a lengthy period of

implementation would be required in

circumstances other than those

described above, although § 264.1082(c)

allows that such a period is available if

necessary.

The final rule provisions that justified

a compliance date of December 8, 1997

are not among those that are potentially

affected by the revisions currently under

EPA’s consideration. Specifically, the

EPA is not considering changes to the

requirements for covers and air

emission controls on tanks and surface

impoundments. All affected facilities

have been on notice of the final rule air

emission control requirements for these

units since the final rule publication on

December 6, 1994. Therefore, the EPA

does not consider it appropriate to

postpone the compliance date of

December 8, 1997, by which all required

air emission control equipment must be

operating.

3. Conclusion

The EPA is amending the final rule

such that the final rule requirements are

not effective until October 6, 1996. The

final rule text affected by this

postponement is amended as follows.

List of Subjects

40 CFR Parts 264 and 265

Air pollution control, Container,

Control device, Hazardous waste,

Incorporation by reference, Inspection,

Miscellaneous unit, Monitoring,

Reporting and recordkeeping

requirements, Standards, Surface

impoundment, Tank, TSDF, Waste

determination.

40 CFR Part 271

Administrative practice and

procedure, Air pollution control,

Confidential business information,

Hazardous waste, Reporting and

recordkeeping requirements.

Dated: May 16, 1996.

Mary D. Nichols,

Assistant Administrator for Air and

Radiation.

For the reasons set out in the

preamble, title 40, chapter I, parts 264,

265, and 271 of the Code of Federal

Regulations are amended as follows:

PART 264—STANDARDS FOR

OWNERS AND OPERATORS OF

HAZARDOUS WASTE TREATMENT,

STORAGE, AND DISPOSAL

FACILITIES

1. The authority citation for part 264

continues to read as follows:

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

and 6925.

Subpart CC—Air Emission Standards

for Tanks, Surface Impoundments, and

Containers

2. Section 264.1080 is amended by

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

as follows:

§ 264.1080 Applicability.

* * * * *

(b) * * *

(1) A waste management unit that

holds hazardous waste placed in the

unit before October 6, 1996, and in
28510 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

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 October 6, 1996,

the requirements of this subpart shall be

incorporated into the permit when the

permit is reissued in accordance with

the requirements of 40 CFR 124.15 of

this chapter or reviewed in accordance

with the requirements of 40 CFR

270.50(d) of this chapter. Until such

date when the owner and operator

receives a final permit incorporating the

requirements of this subpart, the owner

and operator is subject to the

requirements of 40 CFR Part 265 subpart

CC.

PART 265—INTERIM STATUS

STANDARDS FOR OWNERS AND

OPERATORS OF HAZARDOUS WASTE

TREATMENT, STORAGE, AND

DISPOSAL FACILITIES

3. The authority citation for part 265

continues to read as follows:

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

6925, and 6935.

Subpart CC—Air Emission Standards

for Tanks, Surface Impoundments, and

Containers

4. Section 265.1080 is amended by

revising paragraph (b)(1) and paragraph

(c) introductory text to read as follows:

§ 265.1080 Applicability.

* * * * *

(b) * * *

(1) A waste management unit that

holds hazardous waste placed in the

unit before October 6, 1996, and in

which no hazardous waste is added to

the unit on or after this date.

* * * * *

(c) For the owner and operator of a

facility subject to this subpart who has

received a final permit under RCRA

section 3005 prior to October 6, 1996,

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:

§ 265.1082 Schedule for implementation of

air emission standards.

(a) Owners or operators of facilities

existing on October 6, 1996, and subject

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

meet the following requirements:

(1) Install and begin operation of all

control equipment required by this

subpart by October 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 October 6, 1996, the

owner or operator shall:

* * * * *

(iii) For facilities subject to the

recordkeeping requirements of § 265.73

of this part, the owner or operator shall

enter the implementation schedule

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

section in the operating record no later

than October 6, 1996.

(iv) For facilities not subject to

§ 265.73 of this part, the owner or

operator shall enter the implementation

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

of this section in a permanent, readily

available file located at the facility no

later than October 6, 1996.

* * * * *

PART 271—REQUIREMENTS FOR

AUTHORIZATION OF STATE

HAZARDOUS WASTE PROGRAMS

6. The authority citation for part 271

continues to read as follows:

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

6926.

Subpart A—Requirements for Final

Authorization

7. Section 271.1(j) is amended by

revising the effective date of the

following entry in Table 1 to read as

follows:

§ 271.1 Purpose and Scope.

* * * * *

(j) * * *

TABLE 1.—REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984

Promulgation date Title of regulation Federal Register reference Effective date

* * * * * * *

December 6, 1994 ......................... Air Emission Standards for Tanks,

Surface Impoundments, and

Containers.

59 FR 62896–62953 ..................... October 6, 1996.

8. Section 271.1(j) is amended by

revising the effective date of the

following entry in Table 2 to read as

follows:

§ 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

* * * * * * *

October 6, 1996 ............................ Air Emission Standards for Tanks,

Surface Impoundments, and

Containers.

3004(n) .......................................... December 6, 1994, 59 FR 62896–

62953.
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations 28511

[FR Doc. 96–14106 Filed 6–4–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5511–9]

Substances Contingency Plan:

National Priorities List Update

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of deletion of the Waste

Disposal Engineering Superfund Site

from the National Priorities List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the Waste Disposal Engineering Inc. Site

in Minnesota from the National

Priorities List (NPL). The NPL is

Appendix B of 40 CFR part 300 which

is National Oil and Hazardous

Substances Contingency Plan (NCP),

which EPA promulgated pursuant to

Section 105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act of 1980

(CERCLA), as amended. This action is

being taken by EPA and the State of

Minnesota, because it has been

determined that Responsible Parties

have implemented all appropriate

response actions required. Moreover,

EPA and the State of Minnesota have

determined that remedial actions

conducted at the site to date remain

protective of public health, welfare, and

the environment.

EFFECTIVE DATE: June 5, 1996.

FOR FURTHER INFORMATION CONTACT:

Larry Schmitt at (312) 353–6565 (SR–

6J), Remedial Project Manager or Gladys

Beard at (312) 886–7253, Associate

Remedial Project Manager, Superfund

Division, U.S. EPA—Region V, 77 West

Jackson Blvd., Chicago, IL 60604.

Information on the site is available at

the local information repository located

at: The Anoka County Community

Health and Environmental Service,

Anoka County Government Center, RM.

360, 2100 3rd Ave., Anoka, MN 55303

and Andover City Hall, 1685 Crosstown

Blvd., Andover, MN 55304. Requests for

comprehensive copies of documents

should be directed formally to the

Regional Docket Office. The contact for

the Regional Docket Office is Jan

Pfundheller (H–7J), U.S. EPA, Region V,

77 W. Jackson Blvd., Chicago, IL 60604,

(312) 353–5821.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Waste

Disposal Engineering Inc. Site located in

Andover, Minnesota. A Notice of Intent

to Delete for this site was published

March 26, 1996 (61 FR 13131). The

closing date for comments on the Notice

of intent to Delete was April 26, 1996.

EPA received no comments and

therefore no Responsiveness Summary

was prepared.

The EPA identifies sites which appear

to present a significant risk to public

health, welfare, or the environment and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Hazardous Substance

Response Trust Fund (Fund-) financed

remedial actions. Any site deleted from

the NPL remains eligible for Fundfinanced remedial actions in the

unlikely event that conditions at the site

warrant such action. Section

300.425(e)(3) of the NCP states that

Fund-financed actions may be taken at

sites deleted from the NPL in the

unlikely event that conditions at the site

warrant such action. Deletion of a site

from the NPL does not affect responsible

party liability or impede agency efforts

to recover costs associated with

response efforts.

List of Subjects in 40 CFR Part 300

Air pollution control, Chemicals,

Hazardous substances, Hazardous

Waste, Intergovernmental relations,

Penalties, Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

PART 300—[AMENDED]

1. The authority citation for Part 300

continues to read as follows:

Authority: 42 U.S.C. 9601–9657; 33 U.S.C.

1321(c)(2); E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp; p. 351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp.; p. 193.

Appendix B to Part 300 [Amended]

2. Table 1 of Appendix B to part 300

is amended by removing the Site ‘‘Waste

Disposal Engineering Inc. Site, Andover,

Minnesota’’.

Dated: May 14, 1996.

Valdas V. Adamkus,

Regional Administrator, U.S. EPA, Region V.

[FR Doc. 96–13985 Filed 6–4–96; 8:45 am]

BILLING CODE 6560–50–M