Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 / Rules and Regulations 4903

Protection Agency, Research Triangle

Park, North Carolina 27711; telephone

(919) 541–2452.

SUPPLEMENTARY INFORMATION: Section

112 of the Act requires EPA to

promulgate national emission standards

for sources of hazardous air pollutants

(HAP). On September 1, 1995 (60 FR

45947), the Agency promulgated final

standards for the aerospace

manufacturing and rework industry.

Among other provisions, the rule

established a deadline for existing

sources to submit an initial notification

to the Administrator.

The submittal of an initial notification

by owners or operators of existing

sources affected by relevant standards is

required under § 63.9(b)(2) of the

General Provisions to 40 CFR part 63.

Section 63.9(b)(2) requires that this

initial notification be submitted to the

Administrator within 120 days of the

effective date of a promulgated

NESHAP. In the case of the final

Aerospace NESHAP, affected existing

facilities would be required to submit an

initial notification by December 30,

1995.

However, in paragraph V.H.(2)(a) of

the preamble to the proposed aerospace

manufacturing and rework NESHAP

published in the Federal Register on

June 6, 1994 (59 FR 29216), the Agency

stated its intent to override the

submittal date specified in the General

Provisions and to require owners or

operators of affected aerospace

manufacturing and rework facilities to

submit this initial notification ‘‘* * *

no later than 12 months before the final

compliance date [i.e., by September 1,

1997] * * *.’’ One comment was

received concerning the submittal of the

initial notification (see Docket Number

A–92–20, Entry Number IV–D–31). This

commenter requested that the initial

notification be submitted within the 120

days specified in the General

Provisions. While the Agency generally

favors early interaction amongst the

regulated community, permitting

agencies, and the public, especially in

instances where the final compliance

date is less than three years from

promulgation; the Agency was not

compelled to alter its position from that

found in the preamble to the proposed

rule because of the three years allowed

for existing sources to comply.

Therefore, the final rule should have

indicated requirements for the submittal

of an initial notification within 2 years

of the effective date of the final

standard. However, language specifying

the September 1, 1997 date for submittal

of the initial notification was mistakenly

omitted from the final rule published in

the Federal Register. In today’s

document, the Agency has corrected

this omission and has included the

applicable language.

Dated: February 1, 1996.

Richard D. Wilson,

Acting Assistant Administrator for Air and

Radiation.

The following corrections are being

made in the regulatory text for: National

Emission Standards for Hazardous Air

Pollutants for Aerospace Manufacturing

and Rework Facilities published in the

Federal Register on September 1, 1995

(60 FR 45948):

§ 63.753 [Corrected]

1. Paragraph (a)(1) of § 65.753 on page

45979, column 1, should read as

follows:

* * * * *

(a)(1) Except as provided in

paragraphs (a)(2) and (a)(3) of this

section, each owner or operator subject

to this subpart shall fulfill the

requirements contained in § 63.9 (a)

through (e) and (h) through (j),

Notification requirements, and § 63.10

(a), (b), (d) and (f), Recordkeeping and

reporting requirements, of the General

Provisions, 40 CFR part 63, subpart A,

except that the initial notification

requirements for new or reconstructed

affected sources in § 63.9(b) (3) though

(5) shall not apply. In addition to the

requirements of § 63.9(h), the

notification of compliance status shall

include:

(i) Information detailing whether the

source has operated within the specified

ranges of its designated operating

parameters.

(ii) For each coating line, where

averaging will be used along with the

types of quantities of coatings the

facility expects to use in the first year

of operation. Averaging scheme shall be

approved by the Administrator or

delegated State authority and shall be

included as part of the facility’s title V

or part 70 permit.

(2) The initial notification for existing

sources, required in § 63.9(b)(2) shall be

submitted no later than September 1,

1997. For the purpose of this subpart, a

title V or part 70 permit application may

be used in lieu of the initial notification

required under § 63.9(b)(2), provided

the same information is contained in the

permit application as required by

§ 63.9(b)(2), and the State to which the

permit application has been submitted

has an approved operating permit

program under part 70 of this chapter

and has received delegation of authority

from the EPA. Permit applications shall

be submitted by the same due dates as

those specified for the initial

notifications.

* * * * *

[FR Doc. 96–2923 Filed 2–8–96; 8:45 am]

BILLING CODE 6560–50–M

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 online 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–
4904 Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 / Rules and Regulations

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 § 264.1080 and § 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

§ 264.1080 and § 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 § 264.1084(d) and

§ 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–
Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 / Rules and Regulations 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 § 264.1086 and

§ 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 § 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 nonreactive 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,

§ 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 § 264.1033

and § 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

§ 264.1080 and § 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
4906 Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 / Rules and Regulations

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 § 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 §§ 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 § 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

§ 264.1082 and § 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 § 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

§ 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 §§ 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 §§ 264.1082(d) and

265.1083(d) to clarify that nonhazardous 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

§ 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

§ 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
Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 / Rules and Regulations 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

§ 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, § 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 massweighted 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

§ 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 § 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 § 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

§ 264.1082 and § 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

§ 264.1082 and § 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 § 265.1084(a)(2)(iii) and

§ 265.1084(b)(2)(iii), as amended by

today’s action).

In § 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 § 264.13 and § 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.
4908 Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 / Rules and Regulations

The December 6, 1994 published rule

incorrectly referenced the requirements

by which waste streams entering a

process must be measured, at

§ 265.1084(b)(6)(iii)(B) and in the

nomenclature for CBj at

§ 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 QAj in

§ 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 § 60.8(f)

to specify the number of samples

required for a Method 25E analysis.

However, the subpart CC standards are

not subject to § 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 § 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 § 264.1084 and

§ 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 § 264.1084 and

§ 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 § 264.1084 and

§ 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

§ 264.1084 and § 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 § 264.1084(c)(1) and

§ 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 § 264.1084 and

§ 265.1085. Similarly, the EPA intends

that this clarification also apply to

hazardous waste management in surface

impoundments complying with the
Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 / Rules and Regulations 4909

floating membrane cover provisions of

§ 264.1085(c) and § 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 § 264.1084 and

§ 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 § 264.1084(c)(4) and

§ 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 § 264.1084 and

§ 265.1085. This allowance for pressure

relieving devices differs from the final

rule allowance for safety devices

described in paragraph (g) of § 264.1084

and § 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 § 264.1085 and

§ 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 § 264.1086 and § 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 m3 in capacity.

Paragraph (b)(2)(ii) of § 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 § 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 § 52.741, Appendix B.

The waste transfer requirements

specified in paragraph (b)(3) of

§ 264.1086 and § 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 § 264.1086 and

§ 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 § 264.1086 and

§ 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
4910 Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 / Rules and Regulations

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 § 261.3(c)(2).

See also 56 FR at 7200 (February 21,

1991).

The EPA is amending the spent

carbon management requirements of

§§ 264.1033(m) and 265.1033(l), and

paragraph (c)(3)(ii) of § 264.1087 and

§ 265.1088 to clarify the intent

described today. The EPA is also

revising §§ 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, §§ 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 closedvent 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

§§ 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 § 264.1088 and § 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 § 264.1033(f).

The EPA had intended that this

reference should be to § 264.1033(f)(2).

The EPA is amending paragraph (d) in

§ 264.1088 and § 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 § 264.1089(a)(1)

and § 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 § 264.1089(e) and

§ 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

§ 264.1082 and § 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 § 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
Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 / Rules and Regulations 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.

§ 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:

§ 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 § 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:

§ 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

§ 264.1033(g) and § 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

§ 264.1082 [Amended]

6. In § 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 § 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’’.

§ 264.1083 [Amended]

8. In § 264.1083 paragraph (a)(1) is

amended by revising ‘‘placed in waste

management units’’ to read ‘‘placed in a

waste management unit’’.

9. In § 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:
4912 Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 / Rules and Regulations

§ 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 § 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 m3, 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 m3 but less than

151 m3, then the maximum organic

vapor pressure shall be less than 27.6

kPa; or

(C) If the tank design capacity is less

than 75 m3, 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 pressurevacuum 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.

* * * * *

§ 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.’’

§ 264.1085 [Amended]

12. In § 264.1085 paragraph (d)

introductory text, is amended by

revising ‘‘paragraph (b)(1)’’ to read

‘‘paragraph (b)’’.

13. In § 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.’’

§ 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:

§ 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 § 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 vaporbalancing 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 § 264.1087 paragraph (c)(3)(ii)

is revised to read as follows:
Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 / Rules and Regulations 4913

§ 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

§ 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:

§ 264.1088 Inspection and monitoring

requirements.

* * * * *

(d) Each control device used in

accordance with the requirements of

§ 264.1087 of this subpart shall be

inspected and monitored by the owner

or operator in accordance with the

procedures specified in § 264.1033(f)(2)

and § 264.1033(i) of this part. The

readings from each monitoring device

required by § 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

§ 264.1087 of this subpart.

* * * * *

§ 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 ‘‘§ 264.1082(c)(2)(v) or

§ 264.1082(c)(2)(vi)’’ to read

§ 264.1082(c)(2)(vi) or

§ 264.1082(c)(2)(vii)’’.

§ 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:

§ 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

§ 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

§ 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 § 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

§ 264.1033(d).

22. Section 264.1091 is amended by

adding paragraph (a)(3) to read as

follows:

§ 264.1091 Alternative control

requirements for tanks.

(a) * * *

(3) The owner or operator may elect

to comply with § 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:

§ 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 § 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:

§ 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 closedvent 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
4914 Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 / Rules and Regulations

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:

§ 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 § 52.741.

§ 265.1081 [Amended]

27. In § 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.

* * * * *

§ 265.1083 [Amended]

28. In § 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’’.

§ 265.1083 [Amended]

29. In § 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

Qaj and Cbj in paragraph (b)(6)(iv), and

revising the first sentence of paragraph

(c)(3)(i) to read as follows:

§ 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) * * *

C

Q

Q C

T

j j

j

m

= × × ( ) =

∑ 1

1

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 (Cb) during the run shall be

measured in accordance with the

requirements of paragraph (a)(5)(iv) of

this section. * * *

(iv) * * *

Qaj = Mass quantity of hazardous waste

exiting process during run ‘‘j’’, kg/

hr. * * *

Cbj = Measured VO concentration of

hazardous waste entering process

during run ‘‘j’’ as determined in

accordance with the requirements

of § 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:

§ 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
Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 / Rules and Regulations 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 § 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 m3, 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 m3 but less than

151 m3, then the maximum organic

vapor pressure shall be less than 27.6

kPa; or

(C) If the tank design capacity is less

than 75 m3, 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 pressurevacuum 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.

* * * * *

§ 265.1086 [Amended]

32. Section 265.1086(d) is amended

by revising ‘‘paragraph (b)(1)’’ to read

‘‘paragraph (b)’’.

§ 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:

§ 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 vaporbalancing 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 § 265.1088 paragraph (c)(3)(ii)

is revised to read as follows:

§ 265.1088 Standards: Closed-vent

systems and control devices.

* * * * *

(c) * * *

(3) * * *

(ii) All carbon that is a hazardous

waste and that is removed from the

control device shall be managed in

accordance with the requirements of

§ 264.1033(m) of this part, regardless of

the VO concentration of the carbon.

* * * * *

36. In § 265.1089 paragraph (d) is

revised to read as follows:

§ 265.1089 Inspection and monitoring

requirements.

* * * * *

(d) Each control device used in

accordance with the requirements of

§ 265.1088 of this subpart shall be

inspected and monitored by the owner

or operator in accordance with the

procedures specified in § 265.1033(f)(2).

The readings from each monitoring

device required by § 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 § 265.1088 of this

subpart.

* * * * *

§ 265.1090 [Amended]

37. Section 265.1090(a)(1) is amended

by revising ‘‘as listed in § 265.1091(c)’’

to read ‘‘as listed in § 265.1091(a)’’.

§ 265.1090 [Amended]

38. Section 265.1090(e) is amended by

revising ‘‘in accordance with

§ 265.1083(c)(2)(vi) or

§ 265.1083(c)(2)(v)’’ to read ‘‘in

accordance with § 265.1083(c)(2)(vi) or

§ 265.1083(c)(2)(vii)’’.

39. In § 265.1091 paragraph (a)(1)(i) is

revised to read as follows:

§ 265.1091 Alternative tank control

requirements.

(a) * * *

(1) * * *

(i) The fixed roof shall comply with

the requirements of § 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
4916 Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 / Rules and Regulations

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

§ 270.27 [Amended]

41. Section 270.27(a)(1) is amended

by revising ‘‘as listed in § 265.1091(c)’’

to read ‘‘as listed in § 265.1091(a)’’.

§ 270.27 [Amended]

42. Section 270.27(a)(3) is amended

by revising ‘‘the specification listed in

§ 265.1087(b)(2)(ii)’’ to read ‘‘the

specifications listed in

§ 264.1086(b)(2)(ii).’’

* * * * *

[FR Doc. 96–1713 Filed 2–8–96; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 0 and 1

[ET Docket No. 93–266; FCC 95–493]

Review of the Pioneer’s Preference

Rules

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this Memorandum

Opinion and Order (MO&O), the

Commission denies the petition for

reconsideration filed by Qualcomm

Incorporated (Qualcomm) to the Second

Report and Order (Second R&O) in this

proceeding, and grants the petition for

reconsideration filed by Celsat America,

Inc. (Celsat) to the Third Report and

Order (Third R&O). The Commission

finds that there is no need to reconsider

its determination of what constitutes

innovative technology, as requested by

Qualcomm; and finds that it is desirable

to reconsider its decision to apply

certain new pioneer’s preference

regulations to pioneer’s preference

requests accepted for filing on or before

September 1, 1994, as requested by

Celsat. This action is intended to affirm

the Commission’s pioneer’s preference

policies, consistent with Congressional

directives.

EFFECTIVE DATE: March 11, 1996.

FOR FURTHER INFORMATION CONTACT:

Rodney Small, (202) 418–2452, Office of

Engineering and Technology, Federal

Communications Commission,

Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s MO&O

adopted December 8, 1995, and released

January 30, 1996. This action will not

add to or decrease the public reporting

burden. The full text of the Commission

decision is available for inspection and

copying during regular business hours

in the FCC Reference Center (Room

239), 1919 M Street, NW, Washington,

DC. The complete text of this decision

also may be purchased from the

Commission’s duplication contractor,

International Transcription Service,

Inc., (202) 857–3800, 2100 M Street,

NW, Suite 140, Washington, DC 20037.

Summary of MO&O

1. The pioneer’s preference program

provides preferential treatment in the

Commission’s licensing processes for

parties that make significant

contributions to the development of a

new service or to the development of a

new technology that substantially

enhances an existing service. The

program was established to foster new

communications services and

technologies and to encourage parties to

submit innovative proposals in a timely

manner. Under the pioneer’s preference

rules, a necessary condition for the

award of a preference is that an

applicant demonstrate that it has

developed the capabilities or

possibilities of a new technology or

service, or has brought the technology or

service to a more advanced or effective

state. The applicant must also

demonstrate that the new service or

technology is technically feasible by

submitting either the summarized

results of an experiment or a technical

showing. Finally, a preference is granted

only if the service rules adopted are a

reasonable outgrowth of the applicant’s

proposal and lend themselves to grant of

a preference. A pioneer’s preference

recipient’s license application is not

subject to mutually exclusive

applications.

2. The Second R&O, 60 FR 13636

(March 14, 1995), addressed proposals

set forth in the Notice of Proposed Rule

Making, 58 FR 57578 (October 26,

1993), in this proceeding and modified

certain rules regarding the

Commission’s pioneer’s preference

program. Specifically, the Second R&O

provided pioneers with a discount on

license charges in services in which

licenses are awarded by competitive

bidding, and it also modified several

administrative rules. In addition, the

Second R&O also held that, where an

‘‘innovative technology’’ has developed

or enhanced more than one service, the

grant of a pioneer’s preference in only

one such service is sufficient incentive

to encourage pioneering proposals to be

submitted.

3. Qualcomm states that the

Commission should reconsider its

determination of what constitutes

‘‘innovative technology.’’ Qualcomm

contends that four aspects of the Second

R&O are not clearly defined. First,

Qualcomm maintains that a technology

should not be considered ineligible for

a pioneer’s preference merely because

that technology could be used in an

existing service; second, it requests that

the Commission clarify that an

innovative technology that can be

applied to more than one new service

should be eligible for a preference in all

services that are not existing services;

third, it requests that an innovator who

develops a new technology that both

significantly improves an existing

service and that may also be used to

provide a new service in a different

band be eligible for a preference in the

new service; and fourth, it requests that

the Commission clarify what it means

by a ‘‘new service’’ operating in a higher

band. Qualcomm states that there may

be some confusion on this point with

respect to broadband Personal

Communications Services (PCS). No

party filed comments on Qualcomm’s

petition.

4. Legislation implementing

domestically the General Agreement on

Tariffs and Trade (GATT) was enacted

on December 8, 1994, and contained an

amendment to the Communications Act

relating to the pioneer’s preference

program. Included in this amendment

was Section 309(j)(13)(D), which

specified new requirements regarding

criteria, peer review, and unjust

enrichment for pioneer’s preference

requests that were accepted for filing

after September 1, 1994. In the Third

R&O, 60 FR 32116 (June 20, 1995), the

Commission implemented the new

requirements specified in Section

309(j)(13)(D) and extended them to

pioneer’s preference requests filed on or

before September 1, 1994 in proceedings

that have not reached the tentative

decision stage. The Commission stated

that such action would further its