[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 4903-4916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1713]



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


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 262, 264, 265, and 270

[IL-64-2-5807; FRL-5407-2]


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; technical amendment.

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

SUMMARY: Under the authority of the Resource Conservation and Recovery 
Act (RCRA), as amended, the EPA has published air standards to reduce 
organic emissions from hazardous waste management activities (59 FR 
62896, December 6, 1994). The air standards apply to owners and 
operators of hazardous waste treatment, storage, and disposal 
facilities (TSDF) subject to RCRA subtitle C permitting requirements 
and to certain hazardous waste generators accumulating waste in on-site 
tanks and containers. This action makes clarifying amendments in the 
regulatory text of the final standards, corrects typographical and 
grammatical errors, and clarifies certain language in the preamble to 
the final rule.

EFFECTIVE DATE: The rule provisions clarified by this action are 
effective as of June 6, 1996, the effective date of the final rule.

ADDRESSES: This notice 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 ``RCRACLAR.ZIP'' to download this 
notice. 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 this 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-

[[Page 4904]]
CE2A-FFFFF, and F-95-CE3A-FFFFF. The RCRA docket 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), U. S. Environmental 
Protection Agency, 401 M Street SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: The RCRA Hotline, toll-free at (800) 
424-9346. For further information on the specific provisions to which 
this clarification refers, contact Ms. Michele Aston, Emission 
Standards Division (Mail Drop 13), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711, telephone number (919) 541-2363.

SUPPLEMENTARY INFORMATION:

Background

    The EPA is today making clarifying amendments to the final subpart 
CC standards. Since the publication of the final rule, the EPA has 
published two Federal Register documents to delay the effective date of 
the final 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) subsequently revised the effective date of 
the standards to be June 6, 1996. The EPA has also issued a 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 is considering for the final subpart CC standards. The EPA accepted 
public comments on the appropriateness of these revisions through 
October 13, 1995 and is now in the process of reviewing and evaluating 
the comments that were received. The EPA expects to complete its review 
of these public comments, and publish a Federal Register notice 
explaining the EPA's decision if and how to amend the rule to reflect 
the proposed revisions, in early 1996.
    Today's action clarifies provisions of the final rule to better 
convey the EPA's original intent. While today's clarifications may be 
applicable to certain comments submitted to docket F-95-CE3A-FFFFF, 
today's action is independent of those proposed revisions and the 
Federal Register document that EPA intends to publish in early 1996 
addressing its evaluation of the proposed revisions. The information 
presented in this preamble is organized as follows:

    1. Applicability.
    2. Definitions.
    3. Schedule for implementation of air emission standards.
    4. Standards: General.
    5. Waste determination procedures.
    6. Standards: Tanks.
    7. Standards: Surface impoundments.
    8. Standards: Containers.
    9. Closed-Vent Systems and Control Devices.
    10. Inspection and Monitoring requirements.
    11. Recordkeeping Requirements.
    12. Reporting Requirements.
    13. Alternative Control Requirements for Tanks.
    14. Immediate Effective Date.

1. Applicability

    The EPA deferred applicability of the final subpart CC standards to 
units used solely for on-site treatment or storage of hazardous waste 
generated in the course of certain remedial activities. Paragraph 
(b)(5) of Sec. 264.1080 and Sec. 265.1080 specified that this deferral 
applied to ``remedial activities required under the corrective action 
authorities of RCRA sections 3004(u), 3004(v) or 3008(h), CERCLA 
authorities, or similar Federal or State authorities.'' However, page 
62897 of the preamble to the final subpart CC standards stated that 
this deferral applied to ``remedial activities required under RCRA 
corrective action or CERCLA response authorities (or similar State 
remediation authorities).'' Consistent with the regulatory language, 
the EPA intended that this deferral apply to remedial activities under 
the authority of RCRA corrective action, CERCLA response, similar 
Federal authorities, or similar State authorities. An example of a 
similar Federal authority would be the EPA Compliance Monitoring 
Program (CMP) pursuant to the Toxic Substances Control Act, and a waste 
management unit that is used solely for on-site storage of hazardous 
wastes generated from remedial activities required by the CMP thus 
would qualify for deferral from the applicability of the final subpart 
CC standards.
    The EPA also deferred applicability of the subpart CC standards to 
hazardous waste management units that are used ``solely'' to treat or 
store radioactive mixed waste, in paragraph (b)(6) of Sec. 264.1080 and 
Sec. 265.1080. EPA is clarifying here that the use of the word 
``solely'' does not preclude addition of other materials to a unit 
managing radioactive mixed waste if applicable regulations of the 
Atomic Energy Act or the Nuclear Waste Policy Act require that material 
other than radioactive mixed waste be added to the unit. Such additions 
would not contravene the purpose of EPA's limitation of the scope of 
the deferral: To prevent radioactive mixed wastes from being used to 
exempt other hazardous waste from the rule through mixing and to limit 
the volume of mixed waste that is managed, again by limiting options 
for exempt mixing. Thus, if any materials other than radioactive mixed 
waste are added after June 6, 1996 to units used to treat or store 
mixed waste, the regulatory deferral of the unit would not apply unless 
the addition is pursuant to a regulatory requirement imposed pursuant 
to the Atomic Energy Act and/or the Nuclear Waste Policy Act.

2. Definitions

    The EPA is revising the definition of ``cover'' and adding a 
definition for the term ``enclosure'' to clarify the EPA's intended 
distinction between the two technologies, and to clarify the specific 
requirements for an enclosure. As used in the final subpart CC 
standards, the EPA considers a cover to be a device that is placed on 
or over a unit and forms a barrier between the entire waste surface and 
the space external to the unit. Examples of covers include a fitted lid 
on a drum and a roof on a tank. In contrast, the EPA considers an 
enclosure to be a structure that is external to a unit which surrounds 
the unit and some space external to the unit. An example of an 
enclosure would be a shed or a building within which a unit is either 
permanently or temporarily located. The definition for ``cover'' 
contained in the December 6, 1994 final standards listed an enclosure 
surrounding a container as an example of a cover, which has led to 
several inquiries from the public as to whether a tank located inside a 
building equipped with a ventilation system routed to a control device 
would meet the requirements for tank covers specified in 
Sec. 264.1084(d) and Sec. 265.1085(d). It is not the EPA's intent to 
allow an enclosure or building surrounding a tank to meet the control 
requirements for the final subpart CC standards; see Hazardous Waste 
TSDF Background Information for Promulgated Organic Air Emission 
Standards for Tanks, Surface Impoundments, and Containers, EPA-

[[Page 4905]]
453/R-94-076b (``BID''), page 6-61. To make explicit what is already 
implicit in the final rule, EPA is clarifying that an enclosure 
surrounding a tank is not equivalent to a cover on a tank. Thus, the 
EPA is removing the example of an enclosure from the definition of 
``cover'' and is creating a separate definition for the term 
``enclosure.''
    The final subpart CC standards require enclosures surrounding open 
fixation containers to meet airflow and pressure drop requirements, as 
specified in paragraph (b)(2)(ii) of Sec. 264.1086 and Sec. 265.1087. 
The EPA has received a number of requests from the public to more 
clearly specify these requirements. In response, the EPA is 
specifically defining the term ``enclosure'' such that an enclosure be 
designed and operated in accordance with the requirements of 
``Procedure T--Criteria for and Verification of a Permanent or 
Temporary Total Enclosure'' contained in Sec. 52.741, appendix B. The 
requirements of this procedure will provide facilities with a more 
clear definition of the EPA's intent for the design and operation of 
enclosures.
    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 liquids 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 this process. The EPA's intended definition of 
waste stabilization for the final subpart CC air rules does not include 
processes that do not include mixing or agitation, and do not involve 
curing (BID, p. 6-57). The EPA is amending the definition of ``waste 
stabilization'' to clarify this intent.

3. Schedule for implementation of air emission standards

    The December 6, 1994 published rule establishes additional air 
standards for TSDF owners and operators subject to 40 CFR part 264 or 
40 CFR part 265. All requirements enacted under this final action are 
effective as of June 6, 1996. This includes the application of the 
requirements of 40 CFR part 265 subparts AA, BB, and CC to 90-day 
accumulation units at hazardous waste generators, and the application 
of 40 CFR part 265 subparts AA, BB, and CC to facilities with final 
RCRA permits.
    The final rule provides that when the required air emission control 
equipment cannot be operational at an existing hazardous waste 
generator or TSDF by June 6, 1996, an implementation schedule for 
installation of the equipment must be developed and placed in the 
facility operating records no later than June 6, 1996. In such cases, 
Sec. 265.1082(a)(2)(i) states that the facility owner or operator must 
have all air emission controls required by the final rule in operation 
no later than December 8, 1997.
    The EPA also recognizes that certain affected facilities may 
require time beyond June 6, 1996 to implement other provisions of the 
final standards, such as developing a facility program to perform the 
specified leak detection tests on tank covers. Also, generator and TSDF 
facilities to which the requirements of subparts AA and BB are newly 
applicable on the June 6, 1996 effective date may need additional time 
to come into compliance with all provisions of those subparts. 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 June 6, 1996 
effective date. To be in compliance with the subpart CC standards, 
affected facilities must have all required air emission controls 
installed and operating no later than December 8, 1997. However, 
facilities newly subject to subparts AA and BB must be in compliance 
with all the requirements of those subparts no later than 30 months 
after the effective date that the facility becomes subject to those 
subparts. Paragraph (a)(2) in Sec. 264.1033 and Sec. 265.1033 is 
amended to clarify this intent.
    In addition, the EPA is clarifying that an affected unit which the 
owner or operator intends to replace or remove may also be in 
compliance through the use of an implementation plan. The EPA 
recognizes that certain facilities may choose to comply with the 
subpart CC air rules by replacing an existing hazardous waste 
management unit, or by modifying their facility process such that a 
given waste management unit is no longer necessary. The EPA also 
realizes that facilities could require time beyond June 6, 1996 to 
complete such modifications, during which time it may be necessary for 
the facility to continue adding hazardous waste to the affected unit. 
The EPA had therefore intended to allow the owner or operator to be in 
compliance with the subpart CC standards provided that sufficient 
documentation is entered into the facility operating record by the June 
6, 1996 effective date. The facility operating record must contain 
sufficient information to document the necessity to continue adding 
hazardous waste to the unit after June 6, 1996, and document the owner 
or operator's schedule and plan to cease adding hazardous waste to the 
affected unit as soon as is feasible, but no later than December 8, 
1997 (BID p. 9-6).
    Paragraphs (b)(3) and (b)(4) in Sec. 264.1080 and Sec. 265.1080 
specify that the subpart CC standards do not apply to tanks or surface 
impoundments for which the owner or operator has begun implementing or 
has completed closure pursuant to an approved closure plan, and into 
which the owner or operator has stopped adding hazardous waste. 
However, if a closure plan has not been approved for an affected unit, 
the final subpart CC standards are applicable to that unit. In such a 
case, the subpart CC standards require that on the June 6, 1996 
effective date, if the affected unit is not equipped with the 
appropriate air emission controls, no hazardous waste may be added to 
that unit. In this situation, it is the EPA's intent that the owner or 
operator would be in compliance with the subpart CC standards provided 
that sufficient documentation is entered into the facility operating 
record by the June 6, 1996 effective date. This is consistent with the 
situation described in the previous paragraph where the removal of an 
affected unit cannot be accomplished before the June 6, 1996 effective 
date. As with the situation described above, the facility operating 
record must contain sufficient information to document the inability of 
the owner or operator to cease adding hazardous waste to the unit prior 
to June 6, 1996. The facility operating record must also include the 
owner or operator's schedule to obtain an approved closure plan, or to 
cease adding hazardous waste to that unit, no later than December 8, 
1997.
    The December 6, 1994 published rule allowed an extended effective 
date and compliance date for tanks in which stabilization operations 
are performed, to allow interested parties time to submit data to the 
EPA and to allow EPA time to review that data (59 FR at 62897). The 
effective date for such tanks was originally December 6, 1995. Since 
the publication of that final rule, the effective date of the final 
standards for all rule provisions has been extended 

[[Page 4906]]
until June 6, 1996 (60 FR 56952). Therefore, the EPA no longer 
considers it necessary to provide a separate compliance schedule for 
tanks in which stabilization operations are performed, and the 
effective date for such tanks will be the June 6, 1996 effective date 
of the final rule.

4. Standards: General

    The owner or operator must install and operate the specified air 
emission controls on every affected tank, surface impoundment, and 
container used in the waste management sequence from the point of waste 
origination through the point where the organics in the waste are 
removed or destroyed by a process in accordance with the requirements 
of the rule. The final rule provides seven options by which an owner or 
operator may demonstrate that the required treatment or destruction of 
organics has been accomplished, as specified in Sec. 265.1083(c)(2) (i) 
through (vii). Depending on the nature of the affected hazardous waste, 
the process through which the waste has been managed, or the treatment 
applied to the waste, one or more of these seven demonstration options 
may not be appropriate for a given waste stream. In recognition of 
this, the EPA chose to allow seven different options to demonstrate 
that effective treatment has been accomplished; the EPA recognizes that 
not all of these seven options will be practical for demonstrations of 
all waste treatment scenarios. However, the EPA believes that the 
variety of waste treatment demonstrations allowed in the final subpart 
CC rules does offer at least one demonstration alternative for most, if 
not all, reasonable waste treatment scenarios.
    Paragraph (c)(2)(iii) of Secs. 264.1082 and 265.1083 is one of the 
seven options to demonstrate that waste has been treated to effectively 
reduce the organics in accordance with the requirements of the final 
subpart CC standards. In the December 6, 1994 published rule, this 
option required that the ``actual organic mass removal rate (MR) for 
the process is greater than the required organic mass removal rate 
(RMR) for the process.'' The EPA had intended this provision to specify 
that the MR for the process must be greater than or equal to the RMR. 
The EPA is amending this provision to clarify that intent.
    The seven options in Sec. 265.1083(c)(2) refer to a waste treatment 
process that accomplishes specified organic destruction or removal. As 
the term ``process'' is used in these requirements, the EPA refers to 
either a single waste treatment unit, or a series of waste treatment 
units. If a facility uses a series of waste treatment units, the 
applicable exemption from controls applies to units downstream of the 
point where the necessary removal or destruction occurs. Thus, points 
downstream of the unit which accomplishes the 95th percentile reduction 
would not be required to install and operate air emission controls.
    Similarly, the requirement for covers on tanks and surface 
impoundments do not apply to tanks or surface impoundments in which 
biological degradation of the organics in the hazardous waste treated 
in the unit is demonstrated to achieve specific performance levels. 
Either of the following sets of conditions, as described in paragraph 
(c)(2)(iv) of Sec. 264.1082 and Sec. 265.1083, must be demonstrated to 
qualify for this exemption: (1) The organic reduction efficiency for 
the process is equal to or greater than 95 percent, and the organic 
biodegradation efficiency for the process is equal to or greater than 
95 percent; or (2) the total actual organic mass biodegradation rate 
for all hazardous waste treated by the process is equal to or greater 
than the required organic mass removal rate (59 FR at 62915). A 
biological treatment unit that is operated within a series of units 
would not be required to be equipped with a cover provided that series 
of units met one of the treatment demonstration options in 
Sec. 265.1083(c)(2), and the biological treatment unit occurred in the 
series at the point where the necessary treatment was achieved. In the 
case of a treatment series that achieved a 95 percent reduction in 
organics by weight as demonstrated by the requirements of 
Sec. 265.1083(c)(2)(ii), the biological treatment unit could operate 
without a cover provided that it was the unit achieving the 95th 
percent control for the affected waste streams. However, if the 
placement of the biological treatment unit in the treatment series was 
prior to the achievement of the 95th percent organic reduction, the 
biological treatment unit must operate with a cover and air emission 
controls.
    Paragraph (d) in Secs. 264.1082 and 265.1083 of the final rule 
indicated that certain materials that are not hazardous wastes must be 
controlled in accordance with the subpart CC standards. These final 
standards are only applicable to RCRA hazardous waste. The EPA is 
amending Secs. 264.1082(d) and 265.1083(d) to clarify that non-
hazardous wastes are not subject to the subpart CC standards. (This 
means, incidentally, that wastes that become exempt from RCRA subtitle 
C by virtue of an exemption such as the Bevill amendments (codified at 
261.4(b)(7)) or the domestic sewage exclusion (codified at 261.4(a)(1)) 
would not be subject to the subpart CC rules.) In making this 
clarification, the EPA also notes that it is not addressing here (or in 
any way reopening) the issue of the types of treatment standards under 
the Land Disposal Restriction program to which hazardous waste 
treatment residues could be subject before land disposal. Such 
treatment standards could apply to spent treatment residues that are 
not themselves identified or listed as a hazardous waste. See 58 FR at 
29866-868 and 29871-72 (May 24, 1993) and Chemical Waste Management v. 
EPA, 976 F.2d 2, 16-18 (D.C. Cir. 1992), cert. denied 113 S. Ct. 1961 
(1993). This same caveat applies with respect to the spent activated 
carbon residue discussed at section 9 below.

5. Waste Determination Procedures

    Under the final subpart CC standards, 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. However, an owner or operator 
must perform a determination of the average volatile organic (VO) 
concentration for each hazardous waste placed in a waste management 
unit exempted from using air emission controls based on the VO 
concentration of the waste at its point of waste origination. The EPA 
is amending paragraphs (a)(1) and (b)(1) of Sec. 264.1083 to clarify 
this requirement.
    The determination of the volatile organic concentration of 
hazardous waste under the final subpart CC standards is based on the 
organic composition of the waste at the ``point of waste origination.'' 
The ``point of waste origination'' is defined in Sec. 265.1081 of the 
final rule with respect to the point where the TSDF owner or operator 
first has possession of a hazardous waste. This definition specifies 
that when the TSDF owner or operator is the generator of the hazardous 
waste, the ``point of waste origination'' means the point where a solid 
waste produced by a system, process, or waste management unit is 
determined to be a hazardous waste as defined in 40 CFR part 261. In 
such a case, the owner or operator may sample the hazardous waste at 
its point of origination, or may sample the waste at a point downstream 
from the point of origination, provided the downstream sampling point 
provides an accurate representation of the waste volatile organic 
concentration as it was at the point of waste origination. Simply put, 
an owner or operator may sample 

[[Page 4907]]
downstream of the point of origination provided the waste has not been 
altered, mixed with other materials, or allowed to release any volatile 
organic components prior to sampling. When neither the TSDF owner or 
operator is the generator of the hazardous waste, the ``point of waste 
origination'' means the point where the owner or operator accepts 
delivery or takes possession of the hazardous waste. The EPA considers 
this to be the point when and where the TSDF owner or operator accepts 
the waste manifest document for the hazardous waste.
    The preamble to the final subpart CC rule incorrectly stated that 
to calculate the average of a waste stream using direct measurement, 
``a sufficient number of samples, but no less than four, must be 
collected to represent the complete range of organic compositions and 
organic quantities that occur in the hazardous waste stream during the 
entire averaging period'' (59 FR at 62916). The intended rule 
requirement to take a minimum number of four waste samples is for the 
performance of one single waste determination. The requirement for four 
individual samples is intended to compensate for both variations in the 
methodology and variations within a waste stream that may be due to 
non-homogeneous waste mixtures. It is not acceptable to take four or 
more individual samples of a waste stream, mix the samples, then 
perform a method 25D analysis on the mixture. The requirements of 
Sec. 265.1084(a)(5)(iv) specify the procedure by which the four or more 
samples be analyzed by method 25D individually, and the results 
mathematically averaged to produce one waste determination result. This 
process accounts for test method variability as well as variability in 
the waste stream and the waste samples.
    The EPA recognizes that not all hazardous waste regulated by the 
subpart CC standards is liquid or aqueous. Therefore, Sec. 4.1.4 of 
method 25D (40 CFR part 60, appendix A) includes a sampling technique 
for solid materials. For wastes that are solid or semi-solid, a 
representative sample is obtained by placing a 10 gram sample of the 
waste material into a vial containing the specified 30 mL of 
polyethylene glycol. Once the sample is obtained, the method 25D 
analysis is performed as it would be on any other waste sample.
    To calculate an average volatile organic concentration for a waste 
stream that has variations in the organic concentration, the owner or 
operator must perform the number of waste determinations that are 
necessary to adequately demonstrate that the waste stream volatile 
organic concentration meets the applicable criteria. An owner or 
operator may choose to perform a waste determination at a point where 
they know the waste stream is at its maximum volatile organic 
concentration for the averaging period. If the resulting average of the 
four required Method 25D sample runs yields a volatile organic 
concentration below 100 parts per million by weight (ppmw), the owner 
or operator would not need to perform additional waste determinations 
for that averaging period. However, if the owner or operator was not 
able to perform a waste determination at the point of the waste 
stream's maximum volatile organic concentration, they could be required 
to perform additional waste determinations during the averaging period 
to sufficiently calculate a mass-weighted average volatile organic 
concentration. The final subpart CC standards specify that the facility 
owner or operator enter into the facility record a test plan that 
demonstrates how they will perform a representative volatile organic 
concentration determination.
    The final subpart CC rules require that a waste determination be 
performed prior to the first time a hazardous waste is placed in an 
affected unit on or after June 6, 1996. Section 265.1084(a)(2) (i) and 
(ii) specify the process to determine the average VO concentration for 
waste streams generated as part of a continuous process or generated as 
part of a batch process that is performed repeatedly but not 
necessarily continuously. The EPA is amending Sec. 265.1084(a)(2) to 
clarify that for waste generated as part of a batch process that is not 
performed repeatedly, the owner or operator shall perform a waste 
determination of the VO concentration of the waste in the batch. The 
EPA is amending Sec. 265.1084(b)(2) to clarify the similar waste 
determination procedures for treated hazardous waste.
    The procedures in paragraphs (a)(5), (a)(6) and (b)(4) of 
Sec. 265.1084 for determining the average VO concentration of a 
hazardous waste require that the owner or operator have sufficient 
knowledge of any variations in the volatile organic concentration of 
their affected waste streams throughout the averaging period. An owner 
or operator who does not have sufficient knowledge of variations in the 
VO concentration of their waste stream prior to June 6, 1996, may not 
be eligible to determine compliance with the final rule using the 
average VO concentration for their affected waste streams. The option 
to use an average volatile organic waste concentration requires 
sufficient knowledge of the waste stream, and if that knowledge is not 
available, the option is not allowed. In such a case, the owner or 
operator would be required to install and operate air emission controls 
on each affected unit receiving hazardous waste on or after June 6, 
1996 (as required by paragraph (b) of Sec. 264.1082 and Sec. 265.1083), 
or to determine that at no time waste with a VO concentration greater 
than or equal to 100 ppmw is placed in a unit not equipped with the 
required air emission controls (as required by paragraph (c) of 
Sec. 264.1082 and Sec. 265.1083). In essence, each and every portion of 
the hazardous waste entering the unit would be considered to be a 
discrete quantity that is not generated as part of a batch process; 
therefore, the average VO concentration of each of these discrete 
quantities of waste would be the same as its measured VO concentration 
(as described in Sec. 265.1084(a)(2)(iii) and Sec. 265.1084(b)(2)(iii), 
as amended by today's action).
    In Sec. 265.1084(a)(5)(v)(C) the equation to determine the average 
VO concentration of the hazardous waste at the point of waste 
origination was printed with an incorrect symbol representing the 
average VO concentration of the hazardous waste at the point of waste 
origination. The EPA is revising that equation to specify the correct 
symbol.
    Section 265.1084(a)(6)(iii) of the final subpart CC standards 
allows an owner or operator to determine the volatile organic 
concentration of a hazardous waste using knowledge that is based on 
information supplied by the generator of the waste. The generator-
prepared information can be included in manifests, shipping papers, or 
waste certification notices accompanying the waste shipment, as agreed 
upon between the waste generator and the TSDF owner or operator. The 
subpart CC final rules do not impose requirements for a generator to 
provide such documentation to a TSDF. Rather, where such information 
does exist, the TSDF owner or operator has the option to use that 
information to perform the volatile organic waste determination or the 
volatile organic vapor pressure determination upon accepting delivery 
or taking possession of the hazardous waste. The EPA is amending 
paragraph (b)(8) of Sec. 264.13 and Sec. 265.13 to clarify this intent. 
The validity of any information used to comply with these final 
standards is the responsibility of the owner or operator who has 
custody of the waste. Therefore, a TSDF owner or operator should rely 
on waste information only if it is provided by a source in whose 
accuracy they have confidence.

[[Page 4908]]

    The December 6, 1994 published rule incorrectly referenced the 
requirements by which waste streams entering a process must be 
measured, at Sec. 265.1084(b)(6)(iii)(B) and in the nomenclature for 
C<INF>Bj at Sec. 265.1084(b)(6)(iv). The EPA is amending these 
provisions to reference the requirements contained in paragraph 
(a)(5)(iv). The EPA is also amending the nomenclature for Q<INF>Aj in 
Sec. 265.1084(b)(6)(iv) to clarify that it represents the mass quantity 
of waste exiting the process.
    To determine the maximum organic vapor pressure of a hazardous 
waste in a tank using Method 25E, an owner or operator shall collect a 
minimum of three waste samples. It was the intent of the EPA to defer 
to the Clean Air Act General Provisions contained in Sec. 60.8(f) to 
specify the number of samples required for a Method 25E analysis. 
However, the subpart CC standards are not subject to Sec. 60.8(f); 
therefore, this information was not referenced for the final subpart CC 
standards. The EPA is amending the requirements of paragraph 
265.1084(c) to require that, unless otherwise specified in the method 
being used, a minimum of three samples shall be taken when using any of 
the methods listed in Sec. 265.1084(c)(3)(ii). To perform a Method 25E 
analysis, each of these samples shall be analyzed separately, and the 
result of the analysis mathematically averaged. The requirements of 
Method 25E specify the procedure to analyze the samples and 
mathematically average the analytical results.

6. Standards: Tanks

    In the final subpart CC tank standards, paragraph (b)(4) of 
Sec. 264.1084 and Sec. 265.1085 allows the use of a pressure tank to 
manage affected hazardous waste. The EPA did not intend to specify 
operating conditions or a minimum internal pressure that must be met to 
comply with the option. For the purpose of complying with this 
provision of the subpart CC standards, the EPA is clarifying that a 
pressure tank must be designed and operated such that the internal 
pressure is above atmospheric pressure and the tank operates as a 
closed system, with no detectable emissions occurring during routine 
operations including filling and emptying (BID p. 6-51). Therefore, the 
tank must be designed and operated to withstand the pressure of having 
the vapor space of the waste compressed until the tank is filled to 
design capacity. The EPA is amending the tank standards to clarify this 
requirement.
    The EPA intended that the final subpart CC standards allow tanks to 
operate with a fixed-roof type cover without any additional air 
emission controls provided certain conditions were met (59 FR at 
62917). As published in the December 6, 1994 final standards, paragraph 
(c) of Sec. 264.1084 and Sec. 265.1085 did not correctly convey the 
EPA's intent for this provision. The EPA is revising these paragraphs 
of the tank standards to clarify that for the purposes of compliance 
with the subpart CC standards, tanks meeting the specified waste 
management requirements can operate fixed-roof type covers without 
additional air emission controls.
    One of the conditions that must be met for this provision is that 
no turbulent agitation may occur on the surface of the waste, as 
described in paragraph (c)(1) of Sec. 264.1084 and Sec. 265.1085. Such 
turbulence on the surface of a waste increases emission of organics 
from the waste to the air. This cover-only option was provided for 
tanks that are used for waste storage, and in which no waste treatment 
is occurring. The cover-only option of paragraph (c)(1) does not 
provide effective emission control for waste that is managed such that 
there is visible turbulent flow on the surface of the waste. The EPA 
considers that the requirements of paragraph (c)(1) are consistent with 
the provisions of the New Source Performance Standard for volatile 
organic liquid storage vessels under 40 CFR part 60, subpart Kb, after 
which the technical requirements for fixed-roof covers were modelled. 
The EPA does not intend to specify a test to measure turbulent flow, or 
to otherwise narrowly define the conditions that meet this paragraph. 
The EPA does wish to clarify that for a tank through which the waste 
surface is not viewable, an owner or operator may elect to use 
engineering calculations and modelling to determine if the surface of 
the hazardous waste managed in a tank has turbulent flow that would be 
visible.
    The EPA recognizes that, for certain hazardous wastes managed in 
tanks, it may be necessary to continuously mix, stir or circulate the 
waste inside the tank during normal storage operations. For instance, 
the properties of the waste may be such that it is necessary to 
continuously stir the waste to prevent phase separation or to prevent 
the waste from solidifying. Paragraph (c)(1) of Sec. 264.1084 and 
Sec. 265.1085 prohibits such activities if they result in splashing, 
frothing, or visible turbulent flow on the surface of the waste. 
However, an owner or operator may perform continuous or frequent mixing 
operations in a cover-only tank, provided the operation does not cause 
visible turbulent flow on the surface of the waste. To be allowed under 
the requirements of paragraph (c)(1), such a mixing operation must be 
designed and performed to operate without causing visible turbulent 
flow on the waste surface. To design and operate a mixing system to 
ensure that visible turbulent flow does not occur, the owner or 
operator must consider all relevant factors, including mixing speed, 
position of the mixing apparatus, and waste level in the tank. If the 
mixing apparatus is positioned and designed such that visible turbulent 
flow occurs when the waste is below a certain level in the tank, the 
mixing operation must be ceased when the waste is not above that level 
in the tank. During such a period, visible turbulent flow on the 
surface of the waste would be allowed if it resulted from an 
intermittent required operation, such as loading waste into the tank.
    The EPA recognizes that owners or operators may need to mix, stir 
or circulate the waste that is stored in tanks to occasionally perform 
certain necessary operations, and these actions may result in 
splashing, frothing, or visible turbulent flow. Examples of this 
include mixing waste contents at sample times to facilitate obtaining a 
representative waste sample, and causing visible turbulent flow on the 
waste surface during transfer of hazardous waste into or from the tank. 
In such a situation, there would be a mixing apparatus available to be 
used in the tank, but this apparatus would not be in use during normal 
waste storage operations. The EPA considers some degree of splashing, 
frothing, or visible turbulent flow to be allowable, provided that the 
activity causing this condition is waste sampling, waste transfer, or a 
similar necessary operation that is performed infrequently. The 
requirements of Sec. 264.1084(c)(1) and Sec. 265.1085(c)(1) specify 
that the disallowed waste management activities must not be part of the 
normal process operations for that tank. The EPA intends that provision 
to prohibit continual or usual performance of such procedures, but 
allow the procedure when necessary to perform intermittent operations, 
such as waste sampling or waste transfer (BID p. 6-54). Therefore, a 
tank for which the waste transfer operation is continuous or occurs 
frequently and causes visible turbulent flow, should be equipped with 
organic emission controls in accordance with paragraph (b) of 
Sec. 264.1084 and Sec. 265.1085. Similarly, the EPA intends that this 
clarification also apply to hazardous waste management in surface 
impoundments complying with the 

[[Page 4909]]
floating membrane cover provisions of Sec. 264.1085(c) and 
Sec. 265.1086(c).
    An additional condition that must be met for the fixed-roof cover 
control option requires that the waste managed in the unit have a 
volatile organic vapor pressure below certain limits based on the 
capacity of the tank, as described in paragraph (c)(4) of Sec. 264.1084 
and Sec. 265.1085. The waste managed in the tank must meet the 
appropriate volatile organic vapor pressure limits at the highest vapor 
pressure that will occur under normal operating conditions. Unlike the 
waste volatile organic concentration determination which must represent 
individual waste streams prior to mixing or dilution, the waste organic 
vapor pressure determination must indicate the vapor pressure of the 
actual mixture of waste that is managed in the tank. The waste organic 
vapor pressure to be compared to the limits specified in 
Sec. 264.1084(c)(4) and Sec. 265.1085(c)(4) of the final rule is the 
highest pressure present among any temperatures at which the waste is 
present in the tank.
    The EPA had intended the final subpart CC standards to allow fixed-
roof covers on tanks to be equipped with one or more pressure relieving 
devices that vent directly to the atmosphere to allow for the relief of 
pressure or vacuum caused by normal operations (BID p. 6-47). For the 
purposes of this provision the EPA requires that the pressure relieving 
device be a normally closed device that opens only when a pressure or 
vacuum is created in the unit. The EPA does not intend to specify 
parameters for the operation or setting of such pressure relieving 
device, but rather has established a performance standard that the 
facility owner or operator design and operate the conservation vents so 
that emissions to the atmosphere are minimized, yet tank integrity is 
protected, in accordance with sound engineering design specifications 
and practices appropriate for the affected tank. This provision is 
clarified in the amendments to paragraph (c) of Sec. 264.1084 and 
Sec. 265.1085. This allowance for pressure relieving devices differs 
from the final rule allowance for safety devices described in paragraph 
(g) of Sec. 264.1084 and Sec. 265.1085, which are only allowed to vent 
to the atmosphere during unplanned events. Units not eligible to be 
equipped with pressure relieving devices that open during normal 
operations include pressure tanks, and tanks equipped with floating 
roofs.

7. Standards: Surface Impoundments

    In the December 6, 1994 published rule, paragraph (d) of 
Sec. 264.1085 and Sec. 265.1086 incorrectly referenced paragraph 
(b)(1), which does not exist. The EPA is amending paragraph (d) of 
these sections to reference paragraph (b), as intended.

8. Standards: Containers

    In Sec. 264.1086 and Sec. 265.1087, paragraph (b)(1) lists three 
options to demonstrate compliance for containers used to manage 
hazardous waste subject to subpart CC. The first option, in paragraph 
(b)(1)(i), specifies that the container operates with no detectable 
emissions as tested by Method 21 in 40 CFR part 60 appendix A. This 
option is appropriate for any container subject to subpart CC, 
including the types of containers specified in the second and third 
options. The second option, in paragraph (b)(1)(ii), is a container 
with a capacity of 0.46 cubic meters, which complies with all 
Department of Transportation regulations for packaging hazardous waste 
for transport under 40 CFR part 178. The third option, in paragraph 
(b)(2)(iii), is a tank truck or rail car that has been demonstrated 
within the previous 12 months to be organic vapor tight using the 
pressure test specified in Method 27 of 40 CFR part 60 appendix A. The 
EPA has received several questions regarding the applicability of 
Method 27 for use on vehicular containers that are not equipped with a 
vapor recovery system. This method is a pressure test procedure 
originally developed by the EPA for determining the vapor-leak 
tightness of a gasoline tank truck equipped with a vapor recovery 
system. The EPA also considers Method 27 appropriate on tank trucks and 
rail cars that are used to manage hazardous waste, regardless of 
whether the tank truck or rail car is equipped with a vapor recovery 
system. As described above, an owner or operator of a tank truck or 
rail car has the option to comply with paragraph (b)(1)(i), and 
demonstrate no detectable emissions by Method 21, as does the owner or 
operator of any container equal to or less than 0.46 m\3\ in capacity.
    Paragraph (b)(2)(ii) of Sec. 264.1086 and 265.1087 of the December 
6, 1994 final standards describes the criteria for an enclosure in 
which stabilization operations performed in open containers must be 
located. In describing the requirements for the enclosure, the EPA had 
intended to paraphrase the specifications of Procedure T in Appendix B 
to Sec. 52.741, titled ``Criteria for and Verification of a Permanent 
or Temporary Total Enclosure.'' To better clarify the intended 
requirements for container enclosures, the EPA is revising the 
enclosure requirements of paragraph (b)(2)(ii) to specifically 
reference Procedure T in Sec. 52.741, Appendix B.
    The waste transfer requirements specified in paragraph (b)(3) of 
Sec. 264.1086 and Sec. 265.1087 of the final rule for containers are 
intended to reduce exposure of hazardous waste to the atmosphere. 
Paragraph (b)(3)(i) specifically describes submerged-fill techniques to 
be used; however, the EPA does not intend that submerged-fill be 
performed in situations where the process of submerged-fill increases 
waste exposure to the atmosphere, or worker exposure to hazardous 
wastes. Certain splash loading operations are performed through a 
fitted opening in the top of a container, and the transfer line is 
subsequently purged with nitrogen gas to clean the interior of the line 
before it is removed from the container opening. This transfer practice 
could result in less waste exposure than a submerged-fill practice 
performed for the same waste and container. Another container loading 
practice is vapor balancing, in which the vapors displaced by 
transferring waste into a container are routed to the unit from which 
the waste was transferred. Thus, the EPA is adding clarifying language 
to the container transfer requirements of paragraph (b)(3) in 
Sec. 264.1086 and Sec. 265.1087 to direct owners or operators to 
transfer waste using the procedure that will minimize exposure of waste 
to the atmosphere.
    The submerged filling procedure described in the final subpart CC 
standards is one procedure that may be appropriate for waste transfer 
into containers, but the EPA is amending these provisions to direct 
owners or operators to employ the container filling practice most 
appropriate for their facility operation.
    The EPA originally intended the subpart CC final rules to allow 
containers to vent emissions directly to the atmosphere during filling 
operations. The December 6, 1994 final rules only allowed for venting 
through the opening through which waste was transferred. 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. In addition to the 
amendment to paragraph (b)(3) described above, the EPA is amending 
paragraph (c) of Sec. 264.1086 and Sec. 265.1087 to clarify this 
venting allowance.

9. Closed-Vent Systems and Control Devices

    The final subpart CC standards added requirements for the 
management of 

[[Page 4910]]
spent carbon removed from a carbon adsorption system used to comply 
with the subpart AA, BB, and CC standards. The EPA is clarifying that 
the carbon management requirements are only applicable to carbon that 
is hazardous waste. Spent carbon is hazardous if it exhibits a 
characteristic of hazardous waste or if it is listed. Spent carbon 
deriving from the treatment of listed hazardous waste is considered to 
be a type of listed waste by virtue of the derived from rule found at 
Sec. 261.3(c)(2). See also 56 FR at 7200 (February 21, 1991).
    The EPA is amending the spent carbon management requirements of 
Secs. 264.1033(m) and 265.1033(l), and paragraph (c)(3)(ii) of 
Sec. 264.1087 and Sec. 265.1088 to clarify the intent described today. 
The EPA is also revising Secs. 264.1033(m) and 265.1033(l) to allow 
management of affected spent carbon to be conducted in certain interim 
status units in addition to the permitted units specified in the 
December 6, 1994 published rule.

10. Inspection and Monitoring Requirements

    As published in the December 6, 1994 final rule, 
Secs. 264.1033(k)(2) and 265.1033(j)(2) allowed that after the required 
initial leak detection monitoring, an owner or operator is not required 
to conduct annual monitoring on those closed-vent system components 
which continuously operate in vacuum service. The EPA had intended that 
this allowance apply to system components continuously operating under 
negative pressure, because such systems would not release constituents 
to the atmosphere even if there were a rupture or other loss of 
integrity to the component (BID p. 6-100). However, the EPA specified 
the term ``in vacuum service,'' which requires that a system operate at 
an internal pressure at least 5 kPa below ambient pressure, under the 
assumption that systems operating under negative pressure would meet 
this requirement. The use of the term ``in vacuum service'' has 
prompted several questions from the public asking EPA to clarify 
whether systems operated under negative pressure, but not necessarily 
in vacuum service, must be monitored annually after the initial leak 
detection monitoring. The EPA had intended to not require annual 
monitoring of closed-vent system components which operate under 
pressure such that all emissions are routed to a control device even if 
a leak or hole exists in the component. A component that continuously 
operates under negative pressure would satisfy this intent, even if the 
component does not necessarily operate in vacuum service. Therefore, 
the EPA is amending Secs. 264.1033(k)(2) and 265.1033(j)(2) to specify 
that, after the initial leak detection monitoring, an owner or operator 
is not required to monitor system components which continuously operate 
under negative pressure.
    As published in the December 6, 1994 standards, the reference in 
paragraph (d) of Sec. 264.1088 and Sec. 265.1089 incorrectly specified 
that certain control devices used to comply with the subpart CC 
standards must be inspected and monitored in accordance with the 
procedures specified in Sec. 264.1033(f). The EPA had intended that 
this reference should be to Sec. 264.1033(f)(2). The EPA is amending 
paragraph (d) in Sec. 264.1088 and Sec. 265.1089 to correct this 
reference and to clarify the frequency of monitoring and the 
requirement for corrective measures.

11. Recordkeeping Requirements

    The EPA is amending Sec. 264.1089(a)(1) and Sec. 265.1090(a)(1) 
such that these paragraphs correctly reference paragraph 265.1091(a) of 
the alternative tank control requirements. The EPA is also amending 
Sec. 264.1089(e) and Sec. 265.1090(e) such that these paragraphs 
correctly specify recordkeeping requirements for a hazardous waste 
incinerator and boiler or industrial furnace used to comply with the 
treatment demonstration options in Sec. 264.1082 and Sec. 265.1083. 
These amendments clarify references that were incorrectly printed in 
the December 6, 1994 published standards (59 FR 62896).

12. Reporting Requirements

    The EPA is amending Sec. 264.1090 (c) and (d) to clarify what 
noncompliance occurrences for control device operations a facility 
owner or operator must report to their Regional Administrator.

13. Alternative Control Requirements for Tanks

    Paragraph 265.1091(a)(1)(i) of the final subpart CC standards 
specifies filling requirements for a tank equipped with an internal 
floating roof. The requirement is that when the roof is resting on the 
leg supports, the process of filling, emptying, or refilling shall be 
continuous and shall be accomplished as rapidly as possible. The intent 
of this requirement is to minimize the time during which a vapor space 
exists between the floating roof and the stored waste. EPA recognizes 
that facility owners or operators may not have full control over the 
amount and handling of waste transferred into their tanks, and this may 
lead to periods when the filling of a tank may not be continuous. 
Therefore, the EPA is clarifying this requirement to state that the 
process of filling shall be as continuous as possible, based on the 
amount of waste and the nature of the waste handling operation.

14. Immediate Effective Date

    The EPA has determined to make today's action effective 
immediately. The EPA believes that the corrections being made in this 
document 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 rule (for example 
corrections of regulatory language that is inconsistent with the 
preamble, BID, or with otherwise clearly indicated EPA intent) for 
which comment is unnecessary (within the meaning of 5 USC 
553(b)(3)(B)). In addition, the EPA notes that many of these 
clarifications result from the public comment obtained at various 
public meetings regarding the subpart CC standards that were held 
during the summer of 1995. Thus, the EPA has provided for a measure of 
opportunity to comment.
    Docket. Five 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; and (5) RCRA docket number F-95-CE3A-FFFFF, which contains 
information about potential final rule revisions made available for 
public comment. 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 

[[Page 4911]]
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.

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 Part 262

    Environmental protection, Accumulation time, Air pollution control, 
Container, Tank.

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 270

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

    Dated: December 18, 1995.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.

    For the reasons set out in the preamble, title 40, chapter I, parts 
262, 264, 265, 270, and 271 of the Code of Federal Regulations is 
amended as follows:

PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

    1. The authority citation for part 262 continues to read as 
follows:

    Authority: 42 U.S.C. 6906, 6912(a), 6922, 6923, 6924, 6925, 6937 
and 6938, unless otherwise noted.


Sec. 262.34  [Amended]

    2. Section 262.34(a)(1)(i) is amended by inserting a comma after 
``subparts I'' to read ``subparts I, AA, BB and CC''.

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

    3. 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

    4. Section 264.13 is amended by revising paragraphs (b)(8) (i) and 
(ii) to read as follows:


Sec. 264.13  General waste analysis.

* * * * *
    (b) * * *
    (8) * * *
    (i) If direct measurement is used for the waste determination, the 
procedures and schedules for waste sampling and analysis, and the 
results of the analysis of test data to verify the exemption.
    (ii) If knowledge of the waste is used for the waste determination, 
any information prepared by the facility owner or operator or by the 
generator of the hazardous waste, if the waste is received from off-
site, that is used as the basis for knowledge of the waste.

Subpart AA--Air Emission Standards for Process Vents

    5. In Sec. 264.1033 the second sentence of paragraph (a)(2) is 
revised, paragraph (k)(2) is revised, and paragraph (m) is revised to 
read as follows:


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

    (a) * * *
    (2) * * * 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. * * *
* * * * *
    (k) * * *
    (2) Closed-vent systems shall be monitored to determine compliance 
with this section during the initial leak detection monitoring, which 
shall be conducted by the date that the facility becomes subject to the 
provisions of this section, annually, and at other times as requested 
by the Regional Administrator. For the annual leak detection monitoring 
after the initial leak detection monitoring, the owner or operator is 
not required to monitor those closed-vent system components which 
continuously operate under negative pressure or those closed-vent 
system joints, seams, or other connections that are permanently or 
semi-permanently sealed (e.g., a welded joint between two sections of 
metal pipe or a bolted and gasketed pipe flange).
* * * * *
    (m) The owner or operator using a carbon adsorption system shall 
document that all carbon removed that is a hazardous waste and that is 
removed from a carbon adsorption system used to comply with 
Sec. 264.1033(g) and Sec. 264.1033(h) is managed in one of the 
following manners, regardless of the volatile organic concentration of 
that carbon:
    (1) Regenerated or reactivated in a thermal treatment unit for 
which the owner or operator has been issued a final permit under 40 CFR 
part 270, and designs and operates the unit in accordance with the 
requirements of subpart X of this part;
    (2) Incinerated in a hazardous waste incinerator for which the 
owner or operator either:
    (i) Has been issued a final permit under 40 CFR part 270, and 
designs and operates the unit in accordance with the requirements of 
subpart O of this part; or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 265, subpart O; or
    (3) Burned in a boiler or industrial furnace for which the owner or 
operator either:
    (i) Has been issued a final permit under 40 CFR part 270, and 
designs and operates the unit in accordance with the requirements of 40 
CFR part 266, subpart H; or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
* * * * *

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


Sec. 264.1082  [Amended]

    6. In Sec. 264.1082 paragraph (c)(2)(iii) is amended by revising 
``removal rate (MR) for the process is greater'' to read ``removal rate 
(MR) for the process is equal to or greater''.
    7. In Sec. 264.1082 paragraph (d) is amended by revising ``that is 
not a hazardous waste but has an average VO concentration equal to or 
greater than 100 ppmw shall'' to read ``that is a hazardous waste 
shall''.


Sec. 264.1083  [Amended]

    8. In Sec. 264.1083 paragraph (a)(1) is amended by revising 
``placed in waste management units'' to read ``placed in a waste 
management unit''.
    9. In Sec. 264.1083 paragraph (b)(1) is amended by revising 
``placed in waste management units'' to read ``placed in a waste 
management unit''.
    10. Section 264.1084 is amended by adding the following sentence to 
the end of paragraph (b)(4), and revising paragraph (c) to read as 
follows: 

[[Page 4912]]



Sec. 264.1084  Standards: Tanks.

* * * * *
    (b) * * *
    (4) * * * To be considered a pressure tank for the purpose of 
compliance with this subpart, a unit must operate with no detectable 
emissions during filling to design capacity and the subsequent 
compression of the vapor headspace.
* * * * *
    (c) As an alternative to complying with paragraph (b) of this 
section, an owner or operator may place hazardous waste in a tank 
equipped with a cover (e.g., a fixed roof) meeting the requirements 
specified in paragraph (c)(2) of this section when the hazardous waste 
is determined to meet the conditions specified in paragraph (c)(1) of 
this section.
    (1) All of the following conditions shall be met at all times that 
hazardous waste is managed in the tank under normal process operations:
    (i) The hazardous waste in the tank is neither mixed, stirred, 
agitated, nor circulated within the tank using a process that results 
in splashing, frothing, or visible turbulent flow on the waste surface 
during normal process operations;
    (ii) The hazardous waste in the tank is not heated by the owner or 
operator except during conditions requiring that the waste be heated to 
prevent the waste from freezing or to maintain adequate waste flow 
conditions for continuing normal process operations;
    (iii) The hazardous waste in the tank is not treated by the owner 
or operator using a waste stabilization process or a process that 
produces an exothermic reaction; and
    (iv) The maximum organic vapor pressure of the hazardous waste in 
the tank as determined using the procedure specified in 
Sec. 264.1083(c) of this subpart is less than the following applicable 
value:
    (A) If the tank design capacity is equal to or greater than 151 
m<SUP>3, then the maximum organic vapor pressure shall be less than 5.2 
kPa;
    (B) If the tank design capacity is equal to or greater than 75 
m<SUP>3 but less than 151 m<SUP>3, then the maximum organic vapor 
pressure shall be less than 27.6 kPa; or
    (C) If the tank design capacity is less than 75 m<SUP>3, then the 
maximum organic vapor pressure shall be less than 76.6 kPa.
    (2) To comply with paragraph (c)(1) of this section, the owner or 
operator shall design, install, operate, and maintain a cover to meet 
the following requirements:
    (i) The cover and all cover openings (e.g. access hatches, sampling 
ports, and gauge wells) shall be designed to operate with no detectable 
organic emissions when all cover openings are secured in a closed, 
sealed position.
    (ii) Each cover opening shall be secured in a closed, sealed 
position (e.g. covered by a gasketed lid or cap) at all times that 
hazardous waste is in the tank except as provided for in paragraphs 
(c)(2)(iii), (f)(1), and (f)(2) of this section.
    (iii) One or more pressure relief devices which vent directly to 
the atmosphere may be used on the cover provided that each device 
remains in a closed, sealed position at all times except when tank 
operating conditions require that the device open for the purpose of 
preventing physical damage or permanent deformation of the tank or 
cover in accordance with good engineering design practices and the 
equipment manufacturer's recommendations. The device must be operated 
to minimize organic air emissions to the atmosphere to the extent 
practical, in consideration of good design and safety practices for 
handling hazardous materials. Examples of such devices include 
pressure-vacuum relief valves and conservation vents. Examples of tank 
operating conditions that may require the pressure relief device to 
open are filling and emptying of the tank, and internal pressure 
changes caused by diurnal temperature changes.
* * * * *


Sec. 264.1084  [Amended]

    11. Section 264.1084(e) introductory text, is amended by revising 
``or other closed-systems, EPA considers a drain system that meets the 
requirements of 40 CFR 61.346(a)(1) or 40 CFR 61.346(b)(1) through 
(b)(3) to be a `closed systems''' to read ``or other closed systems for 
the transfer of hazardous waste as described in paragraph (e)(1) or 
(e)(2) of this section. The EPA considers a drain system that meets the 
requirements of 40 CFR 61.346(a)(1) or 40 CFR 61.346(b)(1) through 
(b)(3) to be a closed system.''


Sec. 264.1085  [Amended]

    12. In Sec. 264.1085 paragraph (d) introductory text, is amended by 
revising ``paragraph (b)(1)'' to read ``paragraph (b)''.
    13. In Sec. 264.1085 paragraph (f) introductory text, is amended by 
revising ``or other closed-systems, EPA considers a drain system that 
meets the requirements of 40 CFR 61.346(a)(1) or 40 CFR 61.346(b)(1) 
through (b)(3) to be a `closed system''' to read ``or other closed 
systems for the transfer of hazardous waste as described in paragraph 
(f)(1) or (f)(2) of this section. The EPA considers a drain system that 
meets the requirements of 40 CFR 61.346(a)(1) or 40 CFR 61.346(b)(1) 
through (b)(3) to be a closed system.''


Sec. 264.1086  [Amended]

    14. Section 264.1086(b)(1) is amended by revising ``as required by 
paragraph (b)(2) to read ``in accordance with the requirements of 
paragraph (b)(2)''.
    15. Section 264.1086 is amended by revising paragraph 
(b)(2)(ii)(B), adding paragraph (b)(2)(ii)(C), revising paragraph 
(b)(3) and revising paragraph (c) introductory text, to read as 
follows:


Sec. 264.1086  Standards: Containers.

    (b) * * *
    (2) * * *
    (ii) * * *
    (B) The enclosure may have permanent or temporary openings to allow 
worker access; passage of containers through the enclosure by conveyor 
or other mechanical means; entry of permanent mechanical or electrical 
equipment; or to direct airflow into the enclosure.
    (C) The enclosure shall be designed and operated in accordance with 
the criteria for a permanent total enclosure as specified in 
``Procedure T--Criteria for and Verification of a Permanent or 
Temporary Total Enclosure'' in Appendix B of Sec. 52.741.
* * * * *
    (3) Transfer of the waste into or from a container shall be 
conducted in such a manner as to minimize waste exposure to the 
atmosphere to the extent practical, considering good engineering and 
safety practices for handling hazardous materials. Examples of 
container loading procedures that the EPA considers to meet the 
requirements of this paragraph include using a submerged-fill method to 
load liquids into the container; using a vapor-balancing or a vapor-
recovery system to collect and control the vapors displaced from the 
container during filling operations; and transferring waste through a 
conveyance tube that is fitted to a container opening above the liquid 
level to splash-fill the material, and subsequently purging the 
conveyance tube with gas prior to removing it from the container 
opening.
    (c) Each container opening shall be maintained in a closed, sealed 
position (e.g. covered by a gasketed lid) at all times that hazardous 
waste is in the container except when it is necessary to have the 
opening open during procedures to:
* * * * *
    16. In Sec. 264.1087 paragraph (c)(3)(ii) is revised to read as 
follows: 

[[Page 4913]]



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 Sec. 264.1033(m) of this part, regardless of the VO concentration of 
the carbon.
* * * * *
    17. Section 264.1088 is amended by revising paragraph (d) to read 
as follows:


Sec. 264.1088  Inspection and monitoring requirements.

* * * * *
    (d) Each control device used in accordance with the requirements of 
Sec. 264.1087 of this subpart shall be inspected and monitored by the 
owner or operator in accordance with the procedures specified in 
Sec. 264.1033(f)(2) and Sec. 264.1033(i) of this part. The readings 
from each monitoring device required by Sec. 264.1033(f)(2) shall be 
inspected at least once each operating day to check control device 
operation. Any necessary corrective measures should be immediately 
implemented to ensure the control device is operated in compliance with 
the requirements of Sec. 264.1087 of this subpart.
* * * * *


Sec. 264.1089  [Amended]

    18. Section 264.1089(a)(1) is amended by revising ``40 CFR 
265.1091(c)'' to read ``40 CFR 265.1091(a)''.
    19. Section 264.1089(e) is amended by revising 
``Sec. 264.1082(c)(2)(v) or Sec. 264.1082(c)(2)(vi)'' to read 
Sec. 264.1082(c)(2)(vi) or Sec. 264.1082(c)(2)(vii)''.


Sec. 264.1090  [Amended]

    20. Section 264.1090(a) is amended by revising ``reoccurrence'' to 
read ``recurrence''.
    21. Section 264.1090 is amended by revising the second sentence of 
paragraph (c) and by revising paragraph (d) to read as follows:


Sec. 264.1090  Reporting requirements.

    (a) * * *
    (c) * * * The report shall describe each occurrence during the 
previous 6-month period when either:
    (1) A control device is operated continuously for 24 hours or 
longer in noncompliance with the applicable operating values defined in 
Sec. 264.1035(c)(4); or
    (2) A flare is operated with visible emissions for 5 minutes or 
longer in a two-hour period, as defined in Sec. 264.1033(d). * * *
    (d) A report to the Regional Administrator in accordance with the 
requirements of paragraph (c) of this section is not required for a 6-
month period during which all control devices subject to this subpart 
are operated by the owner or operator such that:
    (1) During no period of 24 hours or longer did a control device 
operate continuously in noncompliance with the applicable operating 
values defined in Sec. 264.1035(c)(4); and
    (2) No flare was operated with visible emissions for 5 minutes or 
longer in a two-hour period, as defined in Sec. 264.1033(d).
    22. Section 264.1091 is amended by adding paragraph (a)(3) to read 
as follows:


Sec. 264.1091  Alternative control requirements for tanks.

    (a) * * *
    (3) The owner or operator may elect to comply with Sec. 264.1084 
(b)(2) or (b)(3) of this subpart using an alternative means of emission 
limitation as specified in 40 CFR 265.1091(a)(3).
* * * * *

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

    23. 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

    24. Section 265.13 is amended by revising paragraph (b)(8)(i) and 
(ii) to read as follows:


Sec. 265.13  General waste analysis.

* * * * *
    (b) * * *
    (8) * * *
    (i) If direct measurement is used for the waste determination, the 
procedures and schedules for waste sampling and analysis, and the 
results of the analysis of test data to verify the exemption.
    (ii) If knowledge of the waste is used for the waste determination, 
any information prepared by the facility owner or operator or by the 
generator of the hazardous waste, if the waste is received from off-
site, that is used as the basis for knowledge of the waste.

Subpart AA--Air Emission Standards for Process Vents

    25. In Sec. 265.1033 the second sentence of paragraph (a)(2) is 
amended, paragraph (j)(2) is revised, and paragraph (l) is revised to 
read as follows:


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

* * * * *
    (a) * * *
    (2) * * * 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. * * *
* * * * *
    (j) * * *
    (2) Closed-vent systems shall be monitored to determine compliance 
with this section during the initial leak detection monitoring, which 
shall be conducted by the date that the facility becomes subject to the 
provisions of this section, annually, and at other times as requested 
by the Regional Administrator. For the annual leak detection monitoring 
after the initial leak detection monitoring, the closed-vent system 
components which continuously operate under negative pressure or those 
closed-vent system joints, seams, or other connections that are 
permanently or semi-permanently sealed (e.g., a welded joint between 
two sections of metal pipe or a bolted and gasketed pipe flange).
* * * * *
    (l) The owner or operator using a carbon adsorption system shall 
document that all carbon that is a hazardous waste and that is removed 
from the control device is managed in one of the following manners, 
regardless of the volatile organic concentration of the carbon:
    (1) Regenerated or reactivated in a thermal treatment unit for 
which the owner or operator has been issued a final permit under 40 CFR 
part 270, and designs and operates the unit in accordance with the 
requirements of 40 CFR part 264 subpart X;
    (2) Incinerated in a hazardous waste incinerator for which the 
owner or operator either:
    (i) Has been issued a final permit under 40 CFR part 270, and 
designs and operates the unit in accordance with the requirements of 40 
CFR part 264 subpart O; or
    (ii) Has certified compliance with the interim status requirements 
of subpart O of this part; or
    (3) Burned in a boiler or industrial furnace for which the owner or 
operator either:
    (i) Has been issued a final permit under 40 CFR part 270, and 
designs and operates the unit in accordance with the 

[[Page 4914]]
requirements of 40 CFR part 266, subpart H; or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
* * * * *

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

    26. Section 265.1081 is amended by revising the definition of 
Cover, and adding a definition for Enclosure to read as follows:


Sec. 265.1081  Definitions.

* * * * *
    Cover means a device or system which is placed on or over a 
hazardous waste to create an air-tight barrier between the entire 
hazardous waste surface area and the space surrounding the unit, such 
that air emissions to the atmosphere are reduced. A cover may have 
openings such as access hatches, sampling ports, and gauge wells that 
are necessary for operation, inspection, maintenance, or repair of the 
unit on which the cover is installed provided that each opening is 
closed and sealed when not in use. Examples of covers include a fixed 
roof installed on a tank, a floating membrane cover installed on a 
surface impoundment, and a lid installed on a drum.
    Enclosure means a structure that: (1) Surrounds a hazardous waste 
management unit, captures organic vapors emitted from that unit, and 
vents the vapors through a closed vent system to a control device; and 
(2) is designed and operated in accordance with the criteria for a 
permanent total enclosure as specified in ``Procedure T--Criteria for 
and Verification of a Permanent or Temporary Total Enclosure'' in 
Appendix B of Sec. 52.741.


Sec. 265.1081  [Amended]

    27. In Sec. 265.1081, the definition of Waste determination is 
amended by revising ``determining the organic reduction efficiency'' to 
read ``the organic reduction efficiency'' and the definition of Waste 
stabilization process is amended by adding the sentence ``This does not 
include the adding of absorbent materials to the surface of a waste, 
without mixing, agitation, or subsequent curing, to absorb free 
liquid.'' to the end of the definition.
* * * * *


Sec. 265.1083  [Amended]

    28. In Sec. 265.1083 paragraph (c)(2)(iii) is amended by revising 
``removal rate (MR) for the process is greater'' to read ``removal rate 
(MR) for the process is equal to or greater''.


Sec. 265.1083  [Amended]

    29. In Sec. 265.1083 paragraph (d) is amended by revising ``that is 
not a hazardous waste but has an average VO concentration equal to or 
greater than 100 ppmw shall'' to read ``that is a hazardous waste 
shall''.
    30. Section 265.1084 is amended by adding paragraph (a)(2)(iii), 
revising paragraph (a)(5)(iv), introductory text, revising the equation 
and the first definition in paragraph (a)(5)(v)(C), adding paragraph 
(b)(2)(iii), revising paragraph (b)(4)(iv), introductory text, revising 
the first sentence of paragraph (b)(6)(iii)(B), revising the 
definitions of Q<INF>aj and C<INF>bj in paragraph (b)(6)(iv), and 
revising the first sentence of paragraph (c)(3)(i) to read as follows:


Sec. 265.1084  Waste determination procedures.

    (a) * * *
    (2) * * *
    (iii) When the hazardous waste is generated as part of a batch 
process that is not performed repeatedly, the owner or operator shall 
perform a waste determination of the VO concentration of the waste in 
the batch. The result of this waste determination is the average VO 
concentration for that waste.
* * * * *
    (5) * * *
    (iv) The following procedure shall be used to measure the VO 
concentration for each discrete quantity of material identified in 
paragraph (a)(5)(iii) of this section:
* * * * *
    (v) * * *
    (C) * * *
    [GRAPHIC] [TIFF OMMITTED] TR09FE96.015
    
where:

C=Average VO concentration of the hazardous waste, at the point of 
waste origination, ppmw.
* * * * *
    (b) * * *
    (2) * * *
    (iii) When the hazardous waste is treated by a batch process that 
is not performed repeatedly, the owner or operator shall perform a 
waste determination for the treated waste in the batch. The result of 
this waste determination is the average VO concentration for that 
waste.
* * * * *
    (4) * * *
    (iv) The following procedure shall be used to measure the VO 
concentration for each discrete quantity of material identified in 
paragraph (b)(4)(iii) of this section:
* * * * *
    (6) * * *
    (iii) * * *
    (B) The VO concentration of each hazardous waste stream entering 
the process (C<INF>b) during the run shall be measured in accordance 
with the requirements of paragraph (a)(5)(iv) of this section. * * *
    (iv) * * *
Q<INF>aj = Mass quantity of hazardous waste exiting process during run 
``j'', kg/hr. * * *
C<INF>bj = Measured VO concentration of hazardous waste entering 
process during run ``j'' as determined in accordance with the 
requirements of Sec. 265.1084(a)(5)(iv), ppmw.
* * * * *
    (c) * * *
    (3) * * *
    (i) Unless otherwise specified in the methods referenced in 
paragraphs (c)(3)(ii) (A) through (E) of this section, a sufficient 
number of samples, but no less than three samples, shall be collected 
to represent the waste contained in the tank. * * *
* * * * *
    31. Section 265.1085 is amended by adding the following sentence to 
the end of paragraph (b)(4) and revising paragraph (c) to read as 
follows:


Sec. 265.1085  Standards: Tanks.

* * * * *
    (b) * * *
    (4) * * * To be considered a pressure tank for the purpose of 
compliance with this subpart, a unit must operate with no detectable 
emissions during filling to design capacity and the subsequent 
compression of the vapor headspace.
    (c) As an alternative to complying with paragraph (b) of this 
section, an owner or operator may place hazardous waste in a tank 
equipped with a cover (e.g., a fixed roof) meeting the requirements 
specified in paragraph (c)(2) of this section when the hazardous waste 
is determined to meet the conditions specified in paragraph (c)(1) of 
this section.
    (1) All of the following conditions shall be met at all times that 
hazardous waste is managed in the tank, during normal process 
operations:
    (i) The hazardous waste in the tank is neither mixed, stirred, 
agitated, nor circulated within the tank using a process that results 
in splashing, frothing, or visible turbulent flow on the waste surface 
during normal process operations;
    (ii) The hazardous waste in the tank is not heated by the owner or 
operator 

[[Page 4915]]
except during conditions requiring that the waste be heated to prevent 
the waste from freezing or to maintain adequate waste flow conditions 
for continuing normal process operations;
    (iii) The hazardous waste in the tank is not treated by the owner 
or operator using a waste stabilization process or a process that 
produces an exothermic reaction; and
    (iv) The maximum organic vapor pressure of the hazardous waste in 
the tank as determined using the procedure specified in 
Sec. 265.1084(c) of this subpart is less than the following applicable 
value:
    (A) If the tank design capacity is equal to or greater than 151 
m<SUP>3, then the maximum organic vapor pressure shall be less than 5.2 
kPa;
    (B) If the tank design capacity is equal to or greater than 75 
m<SUP>3 but less than 151 m<SUP>3, then the maximum organic vapor 
pressure shall be less than 27.6 kPa; or
    (C) If the tank design capacity is less than 75 m<SUP>3, then the 
maximum organic vapor pressure shall be less than 76.6 kPa.
    (2) To comply with paragraph (c)(1) of this section, the owner or 
operator shall design, install, operate, and maintain a cover to meet 
the following requirements:
    (i) The cover and all cover openings (e.g. access hatches, sampling 
ports, and gauge wells) shall be designed to operate with no detectable 
organic emissions when all cover openings are secured in a closed, 
sealed position.
    (ii) Each cover opening shall be secured in a closed, sealed 
position (e.g., covered by a gasketed lid or cap) at all times that 
hazardous waste is in the tank except as provided for in paragraphs 
(c)(2)(iii), (f)(1), and (f)(2) of this section.
    (iii) One or more pressure relief devices which vent directly to 
the atmosphere may be used on the cover provided that each device 
remains in a closed, sealed position at all times except when tank 
operating conditions require that the device open for the purpose of 
preventing physical damage or permanent deformation of the tank or 
cover in accordance with good engineering design practices and 
manufacturers recommendations. The device must be operated to minimize 
organic air emissions to the atmosphere to the extent practical, in 
consideration of good design and safety practices for handling 
hazardous materials. Examples of such devices include pressure-vacuum 
relief valves and conservation vents. Examples of tank operating 
conditions that may require the pressure relief device to open are 
filling and emptying of the tank, and internal pressure changes caused 
by diurnal temperature changes.
* * * * *


Sec. 265.1086  [Amended]

    32. Section 265.1086(d) is amended by revising ``paragraph (b)(1)'' 
to read ``paragraph (b)''.


Sec. 265.1087  [Amended]

    33. Section 265.1087(b)(1) is amended by revising ``as required by 
paragraph (b)(2)'' to read ``in accordance with the requirements of 
paragraph (b)(2)''.
    34. Section 265.1087 is amended by revising paragraph 
(b)(2)(ii)(B), adding paragraph (b)(2)(ii)(C), revising paragraph 
(b)(3) and revising paragraph (c), introductory text, to read as 
follows:


Sec. 265.1087  Standards: Containers.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (B) The enclosure may have permanent or temporary openings to allow 
worker access; passage of containers through the enclosure by conveyor 
or other mechanical means; entry of permanent mechanical or electrical 
equipment; or to direct airflow into the enclosure.
    (C) The enclosure shall be designed and operated in accordance with 
the criteria for a permanent total enclosure as specified in 
``Procedure T--Criteria for and Verification of a Permanent of 
Temporary Total Enclosure'' in Appendix B of Section 52.741.
* * * * *
    (3) Transfer of the waste into or from a container shall be 
conducted in such a manner as to minimize waste exposure to the 
atmosphere to the extent practical, considering good engineering and 
safety practices for handling hazardous materials. Examples of 
container loading procedures that the EPA considers to meet the 
requirements of this paragraph include using a submerged-fill method to 
load liquids into the container; using a vapor-balancing or a vapor-
recover system to collect and control the vapors displaced from the 
container during filling operations; and transferring waste through a 
conveyance tube that is fitted to a container opening above the liquid 
level to splash-fill the material, and subsequently purging the 
conveyance tube with gas prior to removing it from the container 
opening.
    (c) Each container opening shall be maintained in a closed, sealed 
position (e.g. covered by a gasketed lid) at all times that hazardous 
waste is in the container except when it is necessary to have the 
opening open during procedures to:
* * * * *
    35. In Sec. 265.1088 paragraph (c)(3)(ii) is revised 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 Sec. 264.1033(m) of this part, regardless of the VO concentration of 
the carbon.
* * * * *
    36. In Sec. 265.1089 paragraph (d) is revised to read as follows:


Sec. 265.1089  Inspection and monitoring requirements.

* * * * *
    (d) Each control device used in accordance with the requirements of 
Sec. 265.1088 of this subpart shall be inspected and monitored by the 
owner or operator in accordance with the procedures specified in 
Sec. 265.1033(f)(2). The readings from each monitoring device required 
by Sec. 265.1033(f)(2) shall be inspected at least once each operating 
day to check control device operation. Any necessary corrective 
measures should be immediately implemented to ensure the control device 
is operated in compliance with the requirements of Sec. 265.1088 of 
this subpart.
* * * * *


Sec. 265.1090  [Amended]

    37. Section 265.1090(a)(1) is amended by revising ``as listed in 
Sec. 265.1091(c)'' to read ``as listed in Sec. 265.1091(a)''.


Sec. 265.1090  [Amended]

    38. Section 265.1090(e) is amended by revising ``in accordance with 
Sec. 265.1083(c)(2)(vi) or Sec. 265.1083(c)(2)(v)'' to read ``in 
accordance with Sec. 265.1083(c)(2)(vi) or Sec. 265.1083(c)(2)(vii)''.
    39. In Sec. 265.1091 paragraph (a)(1)(i) is revised to read as 
follows:


Sec. 265.1091  Alternative tank control requirements.

    (a) * * *
    (1) * * *
    (i) The fixed roof shall comply with the requirements of 
Sec. 265.1085(d)(1) of this subpart. The internal floating roof shall 
rest or float on the waste surface (but not necessarily in complete 
contact with it) inside a tank that has a fixed roof. The internal 
floating roof shall be floating on the waste surface at all 

[[Page 4916]]
times, except during initial fill and during those intervals when the 
tank is completely emptied or subsequently emptied and refilled. When 
the roof is resting on the leg supports, the process of filling, 
emptying, or refilling shall be as continuous as possible, based on the 
amount of waste and the nature of the waste handling operation, and 
shall be accomplished as rapidly as possible.
* * * * *

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

    40. The authority citation for Part 270 continues to read as 
follows:

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

Subpart B--Permit Application


Sec. 270.27  [Amended]

    41. Section 270.27(a)(1) is amended by revising ``as listed in 
Sec. 265.1091(c)'' to read ``as listed in Sec. 265.1091(a)''.


Sec. 270.27  [Amended]

    42. Section 270.27(a)(3) is amended by revising ``the specification 
listed in Sec. 265.1087(b)(2)(ii)'' to read ``the specifications listed 
in Sec. 264.1086(b)(2)(ii).''
* * * * *
[FR Doc. 96-1713 Filed 2-8-96; 8:45 am]
BILLING CODE 6560-50-P