Monday
December 8, 1997
Part  II
Environmental

Protection  Agency

40 CFR Part 264, et al.
Hazardous Waste Treatment, Storage, and
Disposal Facilities and Hazardous Waste
Generators; Organic Air Emission
Standards for Tanks, Surface
Impoundments, and Containers; Final
Rule

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 64636   Federal Register / Vol.  62, No. 235 / Monday,  December 8,  1997 / Rules and Regulations
 ENVIRONMENTAL PROTECTION
 AGENCY

 40 CFR Parts 264,265, and 270
 DL-64-2-5807; FRL-5931-7]
 RIN 2060-AG44

 Hazardous Waste Treatment, Storage,
 and Disposal Facilities and Hazardous
 Waste Generators; Organic Air
 Emission Standards for Tanks, Surface
 Impoundments, and Containers
 AGENCY: Environmental Protection
 Agency (EPA).
 ACTION: Final rule; clarification and
 technical amendment.

 SUMMARY: Under the authority of the
 Resource Conservation and Recovery
 Act (RCRA). as amended, the EPA has
 promulgated standards (59 FR 62896,
 December 6.1994) to reduce organic air
 emissions from certain hazardous waste
 management activities to levels that are
 protective of human health and the
 environment. (The standards are known
 colloquially as the "subpart CC"
 standards due to their inclusion in
 subpart CC of parts 264 and 265 of the
 RCRA subtitle C regulations). These air
 standards control organic emissions
 from certain tanks, containers, and
 surface impoundments (including tanks
 and containers at generators' facilities)
 used to manage hazardous waste
 capable of releasing organic waste
 constituents at levels which can harm
 human liealth and the environment.
   Since publication of the final
 standards on December 6, 1994, the EPA
 has given public notice and taken
 comment on several proposed revisions
 to the final rule, and has made
 corresponding amendments. In  response
 to public comments and inquiries,
 today's action makes clarifying
 amendments to certain regulatory text,
 and provides clarification of certain
 preamble language that'was contained
 in previous documents for this
 rulemaking.
 DATES: These amendments are effective
 December 8, 1997.
 ADDRESSES: This document is available
 on the EPA's Clean-up Information
 Bulletin Board (CLU-IN). To access
 CLU-IN with a modem of up to  28,800
 baud, dial (301) 589-8366. First time
 users will be asked to input some initial
 registration information. Next, select
 "D" (download) from the main menu.
 Input the file name "RCRA-FIN.ZIP" to
 download this document. Follow the
 on-line instructions to complete the
 download. More information about the
 download procedure is located in
 Bulletin 104; to read this type "B 104"
 from the main menu. For additional
 help with these instructions, telephone
 the CLU-IN help line at (301) 589-8368.
   Docket The supporting information
 used for the subpart CC rulemaking is
 available for public inspection and
 copying in the RCRA docket. The RCRA
 docket numbers pertaining to this
 rulemaking are F-91-CESP-FFFFF, F-
 92-CESA-FFFFF, F-94-CESF-FFFFF,
 F-94-CE2A-FFFFF, F-95-CE3A-
 FFFFF, F-96-CE3F-FFFFF, and F-96-
 CE4A-FFFFF. The RCRA docket is
 located at Crystal Gateway, 1235
 Jefferson Davis Highway, First Floor,
 Arlington, Virginia. Review of docket
 materials is conducted at the Virginia
 address; the public must have an
 appointment to review docket materials.
 Appointments can be scheduled by
 calling the Docket Office at (703) 603-
 9230. The mailing address for the RCRA
 docket office is RCRA Information
 Center (5305W), U.S. Environmental
 Protection Agency, 401 M Street SW,
 Washington, DC 20460.
 FOR FURTHER INFORMATION CONTACT: For
 general information about the RCRA Air
 Rules, or specific rule requirements of
 RCRA rules, please contact the RCRA
 Hotline, toll-free at (800) 424-9346.
' Contacts for specific information are
 listed in the SUPPLEMENTARY
 INFORMATION section of this preamble.
 SUPPLEMENTARY INFORMATION :
  Regulated Entities: The entities
 potentially affected by this action
 include:
Category
Industry 	
Federal Government 	

Examples of regulated entities
Businesses that treat, store, or dispose of hazardous waste and are subject to RCRA subtitle C permitting
requirements, or that accumulate hazardous waste on-site in RCRA permit-exempt tanks or containers
pursuant to 40 CFR 262.34(a).
Federal agencies that treat, store, or dispose of hazardous waste and are subject to RCRA subtitle C permit-
ting requirements, or that accumulate hazardous waste on-site in RCRA permit-exempt tanks or containers
pursuant to 40 CFR 262.34(a).
  This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
interested in the amendments to the
regulation affected by this action. To
determine whether your facility is
regulated by this action, you should
carefully examine the applicability
criteria in §264.1030 and §265.1030 of
the RCRA subpart AA rules, §264.1050
and §265.1050 of the RCRA subpart BB
rules, and §264.1080 and §265.1080 of
the RCRA subpart CC air rules.
Informational Contacts

  If you have questions regarding the
applicability of this action to a
particular situation, or questions about
compliance approaches, permitting,
enforcement and rule determinations.
please contact the appropriate regional
representative below:

Region I

Stephen Yee, (617) 565-3550; Jim
  Gaffey, 565-3437; U.S. EPA. Region I,
  JFK Federal Building, Boston, MA
  02203-0001

Region II

Abdooljabar, (212) 637-4131; John
  Brogard, 637-4162; Jim Sullivan, 637-
  4138; U.S. EPA, Region II, 290
  Broadway, New York, NY 10007-1866

Region in

Linda Matyskiela, (215) 566-3420;
  Andrew Clibanoff,  566-3391; U.S.
  EPA, Region III, 841 Chestnut
  Building, Philadelphia, PA 19107
Region IV
Denise Housley, (404) 562-8495; Rick
  Gillam, 562-8498; Jan Martin, 562-
  8593; Anita Shipley, 562-8466;
  Donna Wilkinson, 562-8490; Judy
  Sophianolpoulos, 562-8604; David
  Langston, 562-8588; U.S. EPA, Region
  IV, 61 Forsyth Street, Atlanta, GA
  30303
Region V
Jae Lee, (312) 886-3781; Uylaine
  McMahan, 886-4454; Mike Mikulka,
  886-6760; Ivonne Vicente, 886-4449;
  Wen Huang, 886-6191; U.S. EPA,
  Region V, 77 West Jackson Street,
  Chicago, IL 60604
Region VI
Michelle Peace, (214) 665-7430; Teena
  Wooten, 665-2279; U.S. EPA, Region

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          Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations   64637
   VI, 1445 Ross Avenue, Suite 1200,
   Dallas, TX 75202-2733

 Region VII

 Ed Buckner, (913) 551-7621; Ken
   Herstowski, 551-7631; U.S. EPA,
   Region VII, 726 Minnesota Avenue,
   Kansas City, KS 66101

 Region VHI

 MindyMohr, (303) 312-6525; Janice
   Pearson, 312-6354; U.S. EPA, Region
   Vffl, 999 18th Street, Suite 500,
   Denver, CO 80202-2466-

 Region IX

 Stacy Braye, (415) 774-2056; Jean
   Daniel, 774-2128; U.S. EPA, Region
   IX, 75  Hawthorne Street, San  .
   Francisco, CA 94105

 Region X

 Linda Liu,  (206) 553-1447; David
   Bartus, 553-2804; U.S. EPA, Region
   X, 1200 Sixth Avenue, Seattle, WA
   98101
   For questions about testing or
 analytical methods mentioned in this
 document,  please contact Ms. Rima
 Dishakjian, Emission Measurement
 Center (MD-19), U.S. Environmental
 Protection Agency, Research Triangle
 Park, North Carolina 27711, telephone
 number (919) 541-0443. For
 information concerning the analyses
 performed in developing this rule,
 contact Ms. Michele Aston, Emission
 Standards Division (MD-13), U.S.
 Environmental Protection Agency,
 Research Triangle Park, North Carolina
 27711, telephone number (919) 541-
 2363, electronic mail address,
 "aston.michele@epamail.epa.gov."

 Background
   Section 3004 (n) of RCRA requires,
 EPA to develop standards to control air
 emissions from hazardous waste
 treatment, storage, and disposal
 facilities  (TSDF) as may be necessary to
 protect human health and the
 environment. This requirement echoes
 the general requirement in  RCRA
 section 3004 (a) and section 3002(a)(3) to
 develop standards to control hazardous
 waste management activities as may be
 necessary to pfotect human health and
 the environment. The Agency has
 issued a series of regulations to
 implement the section 3004 (n) mandate;
 these regulations control air emissions
 from certain process vents and
 equipment leaks (part 264 and part 265,
 subparts AA and BB), and emissions
 from certain tanks, containers, and
surface impoundments (the subpart CC
standards, which are the primary
subject of today's action).
   The EPA today is making technical
 amendments to the final subpart AA,
 BB, and CC standards, and providing
 interpretations for certain provisions of
 those rules. Since the publication of the
 final subpart CC rule (59 FR 69826,
 December 4, 1994), the EPA has
 published four Federal Register
 documents that delayed the effective
 date of that rule. The first (60 FR 26828,
 May 19, 1995) revised the effective date
 of the standards to  be December 6, 1995.
 The second (60 FR 56952, November 13,
 1995) revised the'effective date of the
 standards to be June 6, 1996. The third
 (61 FR 28508, June 5, 1996) further
 postponed the effective date for the rule
 requirements until  October 6, 1996, and
 the fourth (61 FR 59931, November 25,
 1996) established the ultimate effective
 date of December 6, 1996. The EPA has
 also issued an indefinite stay of the
 standards specific to units managing
 wastes produced by certain organic
 peroxide manufacturing processes  (60
 FR 50426, September 29, 1995).
   On August 14, 1995, the EPA
 published a Federal Register document
 entitled, "Proposed rule;  data
 availability" (60 FR 41870) and opened
 RCRA docket F-95-CE3A-FFFFF to
 accept comments on revisions that the
 EPA was considering for the final
 subpart CC standards. The EPA
 accepted public comments on the
 appropriateness of these revisions
 through October 13, 1995. Throughout
 1996 and into the present year, the EPA
 also engaged in repeated discussions , ,
 with representatives of the groups filing
 petitions for review challenging the
 subpart CC standards.
   To further inform the affected public
 of the major clarifications, compliance
 options, and technical amendments
 being considered, the EPA conducted a
 series of seminars during August and
-September of 1995.  At that time, a total
 of six seminars were held nationally.  An
 updated series of six seminars was held
 in September through December 1996
 and two additional seminars were held
 March and April of 1997 in conjunction
 with an industry trade association.
 (Refer to EPA RCRA Docket No. F-95-
 CE3A-FFFFF.)  During these seminars,
 additional comments were received on
 the RCRA air rules for tanks, surface
 impoundments, and containers. These
 comments were also considered by  the
 EPA in developing this final action.
   On February 9, 1996, the EPA
 published a Federal Register document
 (61 FR 4903), "Final rule; technical
 amendment," which made clarifying
 amendments in the regulatory text of the
 final standards, corrected typographical
 and grammatical errors, and clarified
 certain language in the preamble to  the
 final rule to better convey the EPA's
 original intent.
   On November 25, 1996, the EPA
 published a Federal Register document
 (61 FR 59932), "Final rule" that
 amended provisions of the final
 subparts AA, BB, CC rules to better
 convey the EPA's original intent, to
. provide additional flexibility to owners
 and operators who must comply with
 the rules, and to change the effective
 date of the requirements contained in
 the subpart CC rules to be December 6,
 1996.
   Today's action makes technical
 amendments to the final subparts AA,
 BB, CC rules in order to clarify the
 regulatory text of the final standards;
 interpret those standards; correct
 typographical, printing, and
 grammatical errors; and clarify certain
 language published in the preambles of
 previous Federal Register documents, to
 better convey the EPA's original intent.'
   Today's amendments include one
 change to 40 CFR Part 270, to correct a
 typographical error made in the
 December 6, 1994 final rule. The text
 listing the sections of regulatory
 requirements that must be included in
 the general inspection schedule
 incorrectly listed "245.193(i)" where
 section 264.193(i) was intended. This
 was obviously a typographical error, as
 all of the sections listed in that
 provision are from 40 CFR part 264; the
 sections are listed in numeric order, and
 "245.193(1)" was very obviously out of
 place. Further, no section 245.193(i)
 exists; in fact, no 40 CFR 245 exists.
 Today's amendment corrects this
 typographical error.
 Outline
   The information presented in this
 preamble is organized as follows:
 I. Subpart B—General Facility Standards
 n. Subpart E—Manifest System,
    Recordkeeping, and Reporting
 in. Subpart AA—Air Emission Standards for
    Process Vents
  A. Applicability
  B. Definitions -'
  C. Standards: Closed-Vent Systems and
    Control Devices
  D. Recordkeeping Requirements
 IV. Subpart BB—Air Emission Standards for
    Equipment Leaks
  A. Applicability
  B. Standards: Closed-Vent Systems and
    Control Devices
  C. Alternative Standards for Valves
  D. Recordkeeping Requirements
  E. Open-ended Valves and Lines
V. Subpart CC—Air Emission Standards for
    Tanks, Surface Impoundments, and
    Containers
  A. Applicability and Definitions
  B. Schedule for Implementation of Air
    Emission Standards
  C. Standards: General

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 64638   Federal Register / Vol. 62, No. 235  /  Monday, December 8,  1997 / Rules and Regulations
   D. Waste Determination Procedures
   E. Standards: Tanks
   F. Standards: Surface Impoundments
   G. Standards: Containers
   H. Standards: Closed-Vent Systems and
    Control Devices
•  I. Recordkeeping and Reporting
    Requirements
   J. Appendix VI to Part 265
 VI. Administrative Requirements
   A. Docket
   B. Paperwork Reduction Act
   C. Executive Order 12866
   D. Regulatory Flexibility
   E. Unfunded Mandates Act
   F. Immediate Effective Date
 VII. Legal Authority
 I. Subpart B—General Facility
 Standards
   Today's action removes
 §§264.1091(b)  and 265.1091(b) from the
 list of sections in §§264.15 and 265.15,
 respectively. Sections 264.15 and 265.15
 contain a list of provisions from which
 inspection items and frequencies are
 required to be included in the general  •
 facility inspection schedule. The
 inspection requirements for floating roof
 tanks that were in §§264.109 l(b) and
 265.1091(b) of subpart CC as
 promulgated, were incorporated into
 §§264.1084 and 265.1085 by the
 November 25,1996, final rule       J
 amendments (61 FR 59944). That action
 also removed and reserved
 §§264.1091(b) and 265.1091 (b).
 Therefore, the EPA is revising this
 provision to reference the paragraphs
 that now contain the inspection
 requirements. The EPA is also
 correcting a previous omission, by
 including a reference to the sections of
 subpart CC that include inspections
 requirements.
 n. Subpart E—Manifest System,
 Recordkeeping, and Reporting
  Today's action also removes
 §§264.1091(b) and 265.1091(b) from the
list of sections from which monitoring,
testing, or analytical data, and corrective
action requirements must be included in
the facility operating record. The
monitoring and testing requirements for
floating roof tanks that were in
§§264.1091(b) and 265.1091(b) of
subpart CC as promulgated, were
incorporated into §§264.1084 and
265.1085 by the November 25,1996
final rule amendments (61 FR 59944)
and, as just noted, §§264.1091 (b) and
265.10910)) were removed and reserved.
Therefore, the EPA is revising this
provision to reference the paragraphs
that now contain the appropriate
requirements, and including a reference
to provisions of subpart CC that were
previously omitted through an
oversight.
 HI. Subpart AA—Air Emission
 Standards for Process Vents
 A. Applicability
   In today's action, the EPA is
 amending §§ 264.1030 (b) (3),
 264.1050(b)(3), 265.1030(b)(3), and
 265.1050(b)(3) to make clear the EPA's
 original intent as to when recycling
 units are subject to the subpart AA and
 BB rules. The EPA made clear in the
 November 25, 1996 preamble that
 recycling units which are otherwise
 exempt from RCRA subtitle C regulation
 under 40 CFR 261.6(c)(l) are not subject
 to subpart AA and BB standards unless
 some other unit at the facility has to
 obtain a RCRA permit. See  61 FR at
 59932-33, and 59935. The Agency also
 showed how the existing regulation
 could be interpreted to give this result
 Id. at 59935. Put another way, Subparts
 AA and BB are applicable to recycling
 units at permitted TSDF and interim
 status TSDF. Also, at both TSDF and
 generator facilities (generators' 90-day
 accumulation units), subparts AA and
 BB are applicable to units that are not
 recycling units. However, the EPA
 believes that the rule language can be
 drafted to make this point more clearly,
 and is doing so in today's rule, for both
 subpart AA and BB.
   The EPA is further clarifying that the
 RCRA "permit-as-shield" provisions do
 not apply to the subpart AA (or the
 subpart BB or CC standards); See Section
 VI.E of the preamble to the final rule,  59
 FR 62910, December 6, 1994. This
 means that owners and operators
 receiving permits before the date those
 rules became effective must
 nevertheless comply with the subpart
 AA (and the subpart BB and CC)
 regulatory standards. The EPA is adding
 a sentence to §264.1030(c) which
 essentially cross-references  the existing
 § 270.4(d) provision stating  that
 "permit-as-a shield" does not apply to
 these units.
  The EPA has previously amended 40
 CFR 270.4 (see 59 FR 62952, December
 6, 1994) to require that owners and
 operators of TSDF that have been issued
 final permits prior to December 6, 1996,
 comply with the air standards under 40
 CFR part 265, subparts AA, BB, and CC
 until the facility's permit is reviewed or
 reissued by the EPA. As was explained
 in Section VHI.A of the preamble to the
final rule (59 FR 62920, December 6,
 1994), this amendment eliminates
application of the "permit-as-a-shield"
practice for these air standards but does
not require that the EPA or the TSDF
owner or operator initiate a permit
modification to add the requirements of
40 CFR part 264, subparts AA, BB. or
CC. The EPA believes that this
 minimizes the administrative burden on
 the TSDF owner or operator as well as
 limits the additional burden on the
 permitting resources of the EPA.
 However, when a permit is reopened or
 subject to renewal, or when a TSDF
 owner or operator submits a Class 3
 modification request pertaining to an
 existing unit or addition of a new unit
 subject to these standards, then the
 applicable requirements of 40 CFR part
 264, subparts AA,  BB, and CC will be
 incorporated into the modified permit
 conditions. •
   The EPA is also  amending the
 applicability provision of subpart AA by
 adding a new §264.1030(d) and
 § 265.1030(d). This provision  states that
 a process vent is not subject to the
 subpart AA standards provided the
 owner or operator certifies that all
 subpart AA-regulated process vents at
 the facility are equipped with and
 operating air emission controls in
 accordance with the requirements of an
 applicable Clean Air Act regulation
 codified in Part 60, 61, or 63. The EPA
 adopted a similar provision for units
 subject to subpart CC as part of the
 November 1996 amendments  (see
 §26471080(d) and §265.1080(d) of
 subpart CC) and the logic for applying
 the same exemption in the same manner
 to subpart AA process vents is identical.
 The preamble discussion at Section
 IV.C, 61 FR 59938-59939 (November 25,
 1996) explains at length why this
 exemption avoids unnecessary
 duplication with CAA requirements, all
 of which discussion applies equally
 here. The EPA in fact intended that the
 exemption apply to subpart AA process
 vents as well (since there is no basis for
 distinguishing between subpart AA and
 CC units for this purpose), but
 inadvertendy omitted the exemption
 from subpart AA when it codified the
 subpart CC exemption. Today's
 amendment corrects that oversight.
  This exemption is, however,
 implemented slightly differently from
 the parallel exemption for subpart CC
 units. Both of the compliance
 approaches allowed under the existing
 subpart AA rules require emission
 control or emission limits on a facility-
 wide basis. See 40 CFR 264.1032(a)(l)
 and (a) (2). Thus, to be equally protective
 of human health and the environment,
 the EPA considers it necessary that any
 alternative compliance demonstration
 require control of all of the process
 vents at the facility that would have
 otherwise been regulated under subpart
 AA. Therefore, today's exemption is
 only available at a facility where each
and every process vent that would
otherwise be subject to subpart AA is
equipped with, and operating air

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            Federal Register /Vol. 62, No. 235  /Monday, December 8,  1997  /  Rules and  Regulations   64639
  emission controls, in compliance with
  an applicable CAA standard under Parts
  60, 61, or 63. As with the similar
  provisions in subparts BB and CC, to
  comply with the requirements at
  paragraphs §264.1030(d) or
  § 265.1030(c), the emissions from each
  subpart AA process vent must be routed
  through an air emission control device;
  a vent that is in compliance with a CAA
  standard under an exemption from
  control device requirements is not in
  compliance with those provisions of
  subpart AA. Despite this minor
  restriction, the EPA considers this
  alternative to provide the facility owner
  or operator with a broader degree of
  compliance flexibility, and less
  extensive monitoring, recordkeeping,
  and reporting requirements under
  RCRA, and therefore to warrant
  promulgation.
    The EPA has received inquiries as to
  whether portable equipment that
  otherwise meets the definition of a unit
  subject to the subpart AA, BB, or CC
  regulations, is subject to the
  requirements of subparts AA, BB, and
  CC. The literal language  of the
  regulations clearly applies, since there
  is no exemption for portable equipment
  in the regulations. Nor does the EPA
  consider that such an exemption is
  appropriate. Portable equipment that is
  used to manage hazardous waste
  consistent with the applicability
:  requirements of these subparts would
  emit the same volume of organics that
  stationary equipment would emit. The
  EPA therefore considers it appropriate
  to subject portable equipment to the
  same control requirements as stationary,
  or non-portable equipment. By this
  interpretation, the EPA is not extending
  the applicability of the AA, BB, or CC
  standards; rather, the EPA is merely
  clarifying that these standards do not
  contain any exemption or special
 criteria for portable equipment.
 Moreover, the fact that such portable
 equipment may also be used for non-
 hazardous waste applications has no
 bearing on the EPA's intent to regulate
 the portable equipment during instances
 when it is used for hazardous waste
 applications. The EPA does not consider
 that fact to affect the need to control the
 equipment when it is in hazardous
 waste service.

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

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

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64640   Federal Register  / Vol.  62, No. 235  /  Monday, December  8,  1997 / Rules and Regulations
have vent flow rates low enough that
several units are controlled using a
single device. For several waste
management units served by a single
control device, it is not feasible in most
cases to have enough excess storage
capacity to handle all the units that
would be served by a single control
device. Therefore, the EPA included the
control device maintenance allowance
in the subpart CC standards for
containers and surface impoundments,
as well as for tanks. As in the case of
the HON, the EPA does not consider it
appropriate to extend the control device
allowance for maintenance time to
control devices serving process vents.
Therefore, the EPA is not extending the
control device maintenance allowance
to subpart AA process vents.
  It also has come to the attention of the
EPA that some commenters have
misinterpreted the language relating to
the accuracy of the temperature
monitoring devices that the EPA
specified in the subpart AA standards
for closed-vent systems and control
devices, found at §§264.1033(f) and
265.1033(f). As these commenters
interpret the rule language, the EPA has
specified a degree of accuracy that
precludes monitoring devices with
greater accuracy than is specified in the
regulations. This is not the EPA's intent,
and the Agency does not consider this
to be a reasonable interpretation of the
rule. At numerous places in this rule
and other rules, the EPA has specified
the accuracy of temperature monitoring
devices by requiring "an accuracy of±l
percent of the temperature being
monitored in degrees Celsius (°C)  or
±0.5°C, whichever is greater." It is
implicit in the use of this language that
the EPA is providing a range of accuracy
with which the monitoring device must
comply or conform. For example, the
term "±1 percent" indicates that the
accuracy of the device must fall within
the range from plus 1 percent to minus
1 percent. Any device that has an
accuracy within this range complies
with the rule requirement. It was not the
intent of the EPA to preclude the use of
devices with greater (i.e., better)
accuracy than the absolute value
specified.
D. Recordkeeping Requirements
  Commenters have stated that the
requirement at § 265.1035 (c) (10) (iv) to
record the maximum instrument reading
measured by Method 21 after a leak has
been successfully repaired or
determined to be not repairable is
unnecessary. They contend that because
other rules which require use of EPA
Method 21, such as the Off-Site Waste
and Recovery Operations NESHAP (40
CFR part 63, subpart DD), do not require
this instrument reading, the requirement
should be removed. Although subpart
DD to part 63 does not contain a similar
recordkeeping requirement for the
instrument reading, as part of the
information recorded when a leak is
detected using Method 21, various other
regulations do have similar
requirements (see §63.181 (d)(4) of 40
CFR part 63, subpart H, National
Emission Standards for Organic
Hazardous Air Pollutants for Equipment
Leaks). The EPA continues to believe
that this information is useful in the
implementation and enforcement of the
air emission regulations. Instrument
monitoring after a repair is an indication
of the success of the repair, information
which EPA considers commensurate
with the initial leak monitoring
requirements at §265.1033(k)(l)(i).
Instrument monitoring upon
determination that a leak is not
repairable is an indication of the
severity of the organic emissions that
will continue to be emitted from the
non-repairable equipment, which EPA
considers valuable information for the
implementation and future review of its
organic air emissions standards.
Therefore, EPA will maintain this
recordkeeping requirement.
IV. Subpart BB—Air Emission
Standards for Equipment Leaks
                          »
A. Applicability
  Today's action adds appropriate
language to the subpart BB applicability
provisions to cross reference and clarify
that the EPA has modified the "permit-
as-a-shield" practice for implementation
of the subpart BB (as well as the subpart
AA and CC) RCRA air rules. The
modification of this  practice affects
owners and operators of existing TSDF
for which final RCRA permits have been
issued by the EPA. Paragraph (c) in
§264.1050 and §265.1050 is being
revised to clarify that the owner or
operator is subject to the requirements
of 40 CFR part 265, subpart BB until
such date that the owner or operator
receives a final RCRA permit
incorporating the requirements of 40
CFR part 264, subpart BB.
  The EPA has previously amended 40
CFR 270.4 (see 59 FR 62952, December
6, 1994) to require that owners and
operators of TSDF that have been issued
final permits prior to December 6, 1996,
comply with the air standards under 40
CFR part 265, subparts AA, BB, and CC
until the facility's permit is reviewed or
reissued by the EPA to include the part
264 standards. As is explained in
Section Vin.A of the preamble to the
final rule (59 FR 62920, December 6,
 1994), this amendment eliminates
 application of the "permit-as-a-shield"
 practice for these air standards, but does
 not require that the EPA or the TSDF
 owner or operator initiate a permit
 modification to add the requirements of
 40 CFR part 264, subparts AA, BB, or
 CC. The EPA considers the existing
 regulatory text to accurately convey this
 intent, and is providing this preamble
 discussion in response to commenters'
 requests.
 B. Standards: Closed-Vent Systems and
 Control Devices
  The final subpart BB air emission
 standards for equipment leaks
 referenced the subpart AA closed-vent
 system and control device requirements
 to provide up to an 18-month
 implementation schedule after the
 effective date that a facility becomes
 subject to the provisions of subpart BB,
 for installation and operation of closed-
 vent systems and control devices. The
 February 9, 1996 (61 FR 4911) revisions
 to §§264.1060 and 265.1060 added a
 paragraph to extend the implementation
 schedule to as much as 30 months,
 consistent with the requirements of
 subpart CC. Today's amendments clarify
 that units that begin operation after the
 subpart BB effective date of December
 21, 1990, and that become subject to the
 requirements of subpart BB because of
 an EPA regulatory change or a statutory
 change after December 21, 1990, are also
 provided a 30-month implementation
 schedule. The provision is also
 amended to clarify that units which
 become newly subject to subpart BB
 after that effective date due to any
 reason other than an EPA regulatory
 change or a statutory amendment are
 not allowed to comply using an
 implementation schedule; they must be
 in compliance on the date that the unit
 first becomes subject to subpart BB. In
 recognition that facilities have been on
 notice since  1990 of the applicability of
 subparts AA and BB, and since 1991 of
 the applicability of subpart CC, the EPA
 considers it reasonable to expect
 facilities that become newly-subject to
 these subparts, through other than a
statutory  or EPA regulatory change, to
 be in compliance with the provisions on
 the date that they become newly subject.
 C. Alternative Standards for Valves
  Clarifying  language is being added to
the alternative standards for valves in
gas/vapor service or in light liquid
service: skip period leak detection and
repair. The EPA has received comments
on the ambiguity of the skip period leak
detection and repair provisions as
codified. The codified language is
ambiguous because it gives no

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           Federal Register / Vol. 62, No.  235 / Monday, December 8,  1997 / Rules and Regulations    64641
 indication of how the alternative work
 practice that involves two consecutive
 quarterly leak detection periods with
 the percentage of valves leaking equal to
 or less than 2 percent which allows the
 owner or operator to skip one of the
 quarterly leak detection periods
 [§264.1062(b)(2) or §265.1062(b)(2)]
 interacts with the alternative work
 practice that involves five consecutive.
 quarterly leak detection periods with
 the percentage of valves leaking equal to
 or less than 2 percent which allows the
 owner or operator to skip three of the
 quarterly leak detection periods
 [§264.1062(b)(3) or §265.1062(b)(3)].
 Nor is the codified language clear on
 whether the periods with the percentage
 of valves leaking equal to or less than
 2 percent need to be repeated after the
 initial skipped periods, or if the owner
 or operator is allowed to continue on
 the skip period schedule once the
 criteria have been met for one period.
   In order to clarify the EPA's intent
 regarding the skip monitoring
 alternatives, paragraphs in §264.1062(b)
 and §265.1062(b) are being amended to
 more fully explain that, if the specified
 criteria are met under the alternatives,
 the owner or operator can monitor for
 leaks once every six months (i.e., under
 §264.1062(b)(2)) or once every year (i.e.,
 under § 264.1062(b) (3)). If an owner or
 operator is monitoring equipment every
 six months, under §264.1062(b)(2), he is
 not complying with the five consecutive
 quarterly leak detection requirements of
 § 264.1062(b)(3), and thus does not
 qualify to begin monitoring once every
 year. Essentially, if an owner or operator
 meets the requirements of subsection
 (b)(2), he may choose to either begin
 monitoring every six months, or he may
 choose to continue quarterly monitoring
 in an attempt to meet the requirements
 of subsection (b)(3); complying with the
 provision of subsection (b) (2) excludes
 the opportunity to comply with the
 requirements of subsection (b)(3).
  Once an owner or operator meets the
 qualifications of either subsection (b) (2)
 or subsection (b)(3), he is then allowed
 to continue the skip monitoring of that
 provision as long as the percentage of
 valves found leaking by the semiannual
 or annual monitoring is equal to or less
 than 2 percent. These clarifying
 amendments reflect the Agency's prior
 intent regarding the implementation of
 the alternative standards for valves.
 D. Recordkeeping Requirements
  The recordkeeping provisions of
subpart BB are being amended to
eliminate any owner or operator burden
caused by regulatory overlap. The
subpart BB recordkeeping provisions in
§264.1064(m) and §265.1064(m) are
 being amended to allow any equipment
 that contains or contacts hazardous
 waste that is subject to subpart BB and
 also subject to regulations in 40 CFR
 part 60, 61, or 63 to determine
 compliance with subpart BB by
 documentation of compliance with the
 relevant provisions of the Clean Air Act
 rules codified under 40 CFR part 60,
 part 61, or part 63. Because compliance
 with subpart BB is demonstrated
 through recordkeeping, this
 recordkeeping revision has the effect of
 exempting equipment that would
 otherwise be subject to subpart BB from
 subpart BB requirements, provided the
 equipment is operated, monitored and
 repaired in accordance with an
 applicable CAA standard, and
 appropriate records are kept to that
 effect.
   As is described in Section III. A of this
 preamble regarding the potential
 regulatory overlap of the RCRA air rules
 and Clean Air Act regulations, the EPA
 is providing this exemption to reduce
 the possibility of duplicative or
 conflicting requirements for those TSDF
 units using organic emission controls in
 compliance with a NESHAP but which
 are also subject to requirements under
 the RCRA standards. The ERA considers
 this to be the most appropriate approach
 to ensure that air emissions from
 equipment managing hazardous waste
 are controlled to the extent necessary to
 protect human health and the
 environment. This exemption was
 originally included with the
 promulgation of subpart BB on June 21,
 1990 (55 FR 25454), in the same format,
 but with more specificity as to the CAA
 regulations. As discussed in Section
 III. A. of this preamble, it was clearly the
 Agency's intent to apply the same
 rationale explained in the November 25,
 1996 preamble at 61 FR 59938, to
 extend the applicability exemption to
 subpart BB equipment operated,
 monitored and repaired in accordance
 with an applicable CAA standard under
 40 CFR part 60, 61, or 63.
  The November 25, 1996 final rule
 amendments added a provision to the
 applicability of subpart BB that
 excludes equipment that contains or
 contacts affected hazardous waste for a
 period of less than 300 hours per
 calendar year. See 61 FR at 59937. One
 commenter has requested that the
 Agency clarify whether equipment
 which is not in service, but contains
 hazardous waste residue, is considered
 to be in contact with hazardous waste.
The EPA considers the language of the
 provision explicit on this point; the
amount of time that equipment contains
hazardous waste, whether at operating
capacity or as a residue, is considered
  time that the equipment "contains or
  contacts" hazardous waste. Thus, if
  subpart BB equipment contains subpart
  BB-regulated hazardous waste residues
  for more than 300 hours during a
  calendar year, that equipment would
  not be exempt from subpart BB under
  the provisions at § 264.1050(f) or
  §265.1050(f). The EPA purposefully
  worded the provision to say, "contains
  or contacts" because the emissions from
  the equipment are related to the  organic
  hazardous waste that is in the
  equipment; even if the process or
  equipment is not in service, the organic
  hazardous waste in contact with the
  equipment has the potential to
  volatilize, and EPA considers it
  necessary to subject the equipment to
  the requirements of subpart BB. Thus,
  EPA is today reiterating that the
  regulation at § 264.1050(f) and
  §265.1050© requires the equipment to
  be void of subpart BB-regulated waste
  for a minimum of 300 hours per
  calendar year.
   The same commenter inquired
 whether, for the purposes of this  same
 provision, the period of time which the
 equipment contains or contacts subpart
 BB-regulated waste must be consecutive
  (e.g. 290 consecutive hours), or if it
 could be the sum of shorter periods
 (e.g., ten periods of 29 hours each). The
 provision was intended to exempt
 equipment that does not contain or
 contact subpart BB-regulated waste a
 total of 300 hours of more during a
, calendar year. This provision was
 adopted from similar provisions of the
 Hazardous Organic NESHAP
 promulgated under 40 CFR 63.160. See
 preamble discussion at 61 FR 59937,
 November 25, 1996. It is implicit in
 reading the language at 40 CFR
 63.160(a) that the EPA intended the
 requirement to refer to a sum, or total,
 of 300 hours  per calendar year, as
 opposed to a single period of 300 hours.
 The EPA is today amending regulatory
 text at 264.1050(f) and 265.1050(e) and
 the associated recordkeeping
 requirements at 264.1064(g)(6) and
 265.1064(g)(6) to remove the phrase, "a
 period of and thus, remove any
 ambiguity as  to the Agency's intent that
 for this  regulatory requirement,
 instances during which equipment
 contains" or contacts subpart BB-
 regulated waste need not be
 consecutive; it is only required that the
 sum of all time that the equipment
 contains or contacts subpart BB-
 regulated waste is less than 300 hours
per calendar year.

E. Open-Ended Valves and Lines
  Several comments have been received
regarding the requirements for open-

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 64642   Federal Register  /  Vol.  62, No. 235 / Monday, December 8, 1997  / Rules and Regulations
 ended lines or valves as they relate to
 gravity piping. Commenters expressed
 concern that gravity feed piping that is
 equipped with an open valve or line
 does not meet the requirements of the
 subpart BB standards. Subpart BB
 requires that each open-ended valve or
 line be equipped with a cap, blind
 flange, plug, or a second valve when
 managing hazardous wastes with an
 organic content equal to or greater than
 10 percent by weight. The commenters
 have suggested that the EPA amend the
 subpart BB requirements to state that
 the EPA considers a drain system that
 meets the requirements of 40 CFR part
 63, subpart RR. National Emission .
 Standards for Individual Drain Systems
 to be a closed system. The EPA has
 examined this issue and has found no
 technical basis for making a change to
 the existing rule. Moreover, the Part 63
 subpart RR requirements are intended
 for control of waste in organic
 concentrations on the order of
 magnitude with the 500 ppmw action
 level of the subpart CC standards,
 whereas the subpart BB standards in
 parts 264 and 265 are applicable to
 equipment that contacts waste with an
 organic concentration of 10 percent by
 weight. There is a significant difference
 in the level of required control between
 the two standards. The EPA does not
 consider it appropriate to allow the
 subpart RR drain system requirements
 to substitute for the more extensive
 open-ended valve and line requirements
 of subpart BB, because application of
 the subpart RR standards to subpart BB
 equipment would not provide an
 equivalent level of organic emission
 control as would be achieved by
 compliance with the applicable subpart
 BB requirements. Facility owners or
 operators with gravity feed piping that
 requires a vent to facilitate draining can
 comply with the subpart BB and CC
standards by installing organic emission
control equipment on the pipe vent. The
control requirements in subpart BB are
appropriate and adequate for control of
open-ended lines and valves.

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

A. Applicability and Definitions

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

 B. Schedule for Implementation of Air
 Emission Standards
   The final subpart CC standards allow
 the owner or operator to prepare an
 implementation schedule for
 installation of control equipment that
 cannot be installed and in operation by
 the effective date of the rule (See
 § 265.1082(a)(2)). The EPA intended that
 the implementation schedule apply to
 any capital projects implemented by the
 owner or operator to comply with the
 subpart CC requirements. (See 61  FR at
 4905, February 9, 1996.) This intent was
 expressed in the 1994 final rule; see
 Hazardous Waste TSDF Background
 Information for Promulgated Organic
 Air Emission Standards for Tanks,
 Surface Impoundments, and Containers,
 EPA-453/R-94-076b ("BID") page 9-7,
 which states that the owner's or
 operator's approach to complying with
 the air emission  control requirements
 under the subpart CC standards may
 involve a major design and construction
 project which requires longer than 18
 months to complete (e.g., replacing a
 large open surface impoundment with a
 series of covered tanks). To further
 clarify this intent, §265.1082 is revised
 by today's action to specify that
 compliance can be demonstrated
 through an implementation schedule
 when either: (1) control equipment or
 waste management units can not be
 installed and in operation by the rule
 effective  date; or (2) modifications of
 production or treatment'processes to
 satisfy subpart CC exemption criteria in
 accordance with §265.1083(c) can not
 be completed by the rule effective date.
 In either case, the implementation
 schedule must be entered into the
 facility record, and must contain
 information demonstrating that the
 facility will be in compliance with all of
 the requirements of subpart CC, no later
 than December 8, 1997. The revisions to
 the schedule for implementation also
 incorporate the revised  effective date of
 December 6, 1996.
  Commenters have questioned whether
 compliance activities other than those
 involving the installation of equipment
or the modification of processes may be
accomplished under an implementation
schedule. For example,  whether a
facility can delay compliance past the
rule effective date for monitoring or
testing requirements. The preamble to
the February 9, 1996 Federal Register
document clarified that "The EPA
 expects such instances to be rare, but in
 the event a facility cannot implement
 any technical requirement of subparts
 AA, BB, or CC, it is the EPA's intent that
 the owner or operator document the
 necessity for a delay in the facility
 operating record. To be in compliance
 with the rule, the necessary
 documentation must be in place by [the
 rule effective date]." See 61 FR at 4905,
 February 9, 1996. The EPA maintains
 that there may be circumstances in
 which a facility owner or operator can
 not be in compliance with certain
 monitoring or testing requirements by
 the effective date of the standards. For
 example, if a facility owner or operator
 is unable to begin operation of a control
 device prior to the rule effective date, he
 would not be able to perform the
 required monitoring of that device by
 that date either. However, to be in
 compliance with the subpart CC rules,
 the owner or operator must be in
 compliance with all the rule
 requirements as soon as is practicable,
 but no later than December 8, 1997.
 (Note: The only exceptions to this final
 compliance date are those requirements
 applicable to certain tanks in which
 stabilization operations are performed, which
 must be in compliance no later than June 8,
 1998 (see 59 FR at 62912, December 6,
 1994)), and requirements delayed by the
 Regional Administrator, as discussed below
 in this section of today's preamble.
   Today's action is also amending
 regulatory language to clarify that
 owners or operators of facilities and
 units that become newly subject to the
 requirements of subpart CC after
 December 8, 1997, because of an action
 other than an EPA regulatory change  or
 a statutory change under RCRA, must
 comply with all applicable rule
 requirements immediately (i.e., must
 have control devices installed and
 operating on the date the facility or unit
 becomes subject to subpart CC); the 30-
 month implementation schedule does
 not apply in this case. The EPA
 considered this to be implicit in the
 existing language of paragraph (b) of
 §265.1082. The Agency is adding new
 language in response to questions and
 comments from affected facilities
 regarding interpretation of the rule
 requirements regarding implementation
 schedules. The new provision will be
 codified as paragraph 265.1082(c).
  One commenter expressed concern
regarding the initial monitoring of
closed-vent systems. They noted that
delayed compliance is allowed under
the rules for routine monitoring of those
systems that are either inaccessible or
unsafe to monitor, and requested that
similar provision be allowed for initial
monitoring that may be delayed due to

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          Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations   64643
 weather or process conditions. The EPA
 has examined this issue and has
 concluded that a change in the rule is
 not appropriate. The industry has been
 on notice for several years that the
 subpart CC rules would require these
 monitoring inspections. Any facilities
 that become newly subject to the
 subpart through an EPA regulatory
 amendment or statutory amendment are
 typically allowed at least 6 months from
 the date of publication of the action; the
 EPA considers this to have been
 sufficient notice to adequately prepare
 for, and perform, the necessary
 monitoring.
   As published in the December 6,
 1994, final rule, paragraph (c) of
 §265.1082 allowed the EPA Regional
 Administrator to "extend the
 implementation date for control
 equipment at a facility, on a case by case
 basis *  *  *," In the preamble to the
 final rule  (see 59 FR 62919, December
 6, 1994, and the amendments to the rule
 published November 25, 1996, (see 61
 FR 59938), the EPA stated its intent to
 include the provision to allow the
 Regional Administrator to extend the
 implementation date in situations
 beyond the owner or operators's control,
 and that this extension would be
 available only in "situations such as
 delays in State permit processing." The
 Agency went even further in placing
 constraints on these limited conditions
 by identifying situations associated with
 permit processing where the allowance
 would not apply (see 59 FR 62919). It
 is clear from the literal reading of the
 provision  that the EPA fully intends that
 the Regional Administrator's extension •
 of an implementation schedule is only
 allowable  for a capital project
 implemented by a facility owner or
 operator to comply with the subpart CC
 air emission control requirements. It is
 also clear that the Agency does not
 intend that this Regional Administrator
 allowance for implementation schedule
 extensions apply to anything other than
 the installation of air emission control
 equipment. Today's action re-designates
 this provision as paragraph 265.1082(d)
 to allow the regulatory amendment
 described  above in this section of
 today's preamble to be codified as
 subsection (c); however, the provision
 for Regional Administrator extensions of
 the final rule compliance date is not
 changed.
 C. Standards: General
  Today's amendments are further
clarifying that the subpart CC RCRA air
rules apply only to units managing a
hazardous waste; to this effect, the EPA
is adding the word "hazardous" in front
of the word "waste" in §§264.1082(b)
 and 265.1083(b). This point has been
 made by the EPA throughout the
 proposal and promulgation of the
 subpart CC rules (see 59 FR 62896,
 December 6, 1994, and 61 FR 4906,
 February 9, 1996); however, there have
 remained some questions and
 uncertainties regarding applicability of
 the rules to non-hazardous wastes. The
 changes being made today are intended
 to provide additional emphasis that
 only hazardous wastes are subject to the
 subpart CC controls.
  Paragraph 265.1083(c)(2)(i) is revised
 to correct a typographical error in the
 symbol for the exit concentration limit;
 the symbol should be C subscript t
 "(CO."
  In addition, §§ 264.1082 (c) (3) and
 265.1083(c)(3) have been revised to add
 as an exempt unit a surface
 impoundment used for biological
 treatment of hazardous waste in
 accordance with subpart CC
 requirements. The EPA intended to
 exempt surface impoundments used for
 biological treatment from the subpart CC
 control requirements. The preamble to
 the final rule in Section VII(A)(5) (59 FR
 62917, December 6, 1994) clearly states
 "*  * * air emission controls are not
 required for a surface impoundment in
 which biological treatment of a
 hazardous waste is performed under the
 same conditions specified in the rule for
 tanks."  However, surface
 impoundments performing biological
 treatment were inadvertently left out of
 the biological treatment unit exemption
 in the November 25, 1996, final rule
 amendments (61 FR 59954).
  The EPA has received a number of
 inquiries asking for interpretations of
 the provision of the subpart CC rules
 which states that wastes that meet
 applicable Land Disposal Restriction
 (LDR) treatment standards for organic
 hazardous constituents are exempt from
 the subpart CC air emission standards.
 Section 264.1082(c) (4) exempts from the
 RCRA subpart CC air emission
 standards:
  "A tank, surface impoundment, or
 container for which all hazardous
 wastes placed in the unit * * *
  "(i) Meets the numerical
 concentration limits for organic
 hazardous constituents, applicable to
 the  hazardous waste, as specified in 40
 CFR part 268—Land Disposal
 Restrictions under Table "Treatment
 Standards for Hazardous Waste" in 40
 CFR 268. 40* *  *"
  A parallel exemption for interim
status facilities is found at
§265.1083(c)(4). Underthese
provisions, tanks, surface
impoundments, and containers
receiving hazardous wastes that meet
 the concentration limits for organics
 applicable to the waste under the
 generally-applicable treatment
 standards of the LDR program are not
 subject to the subpart CC air emission
 control regulations. See 61 FR 59941 in
 the preamble and 59954 in the rule
 (Nov. 25, 1996).
   A number of members of the regulated
 industry (including the Environmental
 Technology Council, Chemical Waste
 Management, and the Chemical
 Manufacturers Association) have
 inquired as to how this provision
 applies to situations where the wastes in
 question are not yet prohibited from
 land disposal or consist of mixtures of
 different hazardous wastes. This
 preamble answers those questions.
 Copies of correspondence between EPA
 and these entities have been placed in
 the public docket for the. rule.
   The key phrase in the above
 exemption is what treatment standards
 are "applicable to the waste." EPA
 interprets this phrase expansively to
 include the treatment standard for
 organics that would apply to the waste
 whether or not the waste is currently
 prohibited, so that the exemption may
 apply to wastes not yet required to be-
 treated for organics as a precondition to
 land disposal. Under this interpretation,
 hazardous wastes could be exempt from
 subpart CC regulation if they meet the
 treatment standards for organics that
 would ultimately be required as a
 precondition to land disposal. This is a
 reasonable construction of the rule's
 language (the phrase "applicable to the
 waste" is ambiguous as to its precise
 scope), and is supported by the
 preamble to the rule (which says that
 the exemption can apply to wastes that
 are not prohibited, see 61  FR 59941). In
 addition, this reading is consistent with
 the exemption's underlying principle: if
 hazardous wastes meet generally-
 applicable LDR treatment standards for
 organics, their concentrations of
 organics are in virtually every case
 going to be less than warrants control
 under the subpart CC rules (i.e., volatile
 organic concentrations will be less than
 500 ppmw).
  The EPA recognizes that it could
 interpret the language to apply only to
 hazardous wastes that are prohibited
 and actually subject to a treatment
 standard for organics. This more
 restrictive interpretation does not seem
 desirable because hazardous wastes
 which actually meet treatment
standards for organics are likely to have
 been treated to remove or destroy the
organics and thus not warrant regulation
under subpart CC. On the other hand, it
is EPA's further  interpretation that this
exemption does not apply to hazardous

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 64644   Federal Register / Vol. 62, No. 235 / Monday, December  8,  1997 / Rules and  Regulations
 wastes for which there would be no
 treatment standards for organics,
 namely wastes that are listed solely
 because of inorganic content. There is
 no potentially "applicable" organic
 treatment standard for such wastes, and
 the exemption thus does not apply. In
 addition, such wastes would not likely
 be treated for organic constituents; so in
 the event they contain higher
 concentrations of organics, this
 particular LDR exemption should not
 apply. Such wastes may, however, be
 exempt from the subpart CC rules
 because they contain less than 500
 ppmw volatile organics at the point of
 waste origination (40 CFR
 264.1082(c)(l)).
   The following principles set out how
 the EPA interprets the rule for this
 subpart CC exemption in specific
 situations:
 1. Listed Waste
   (A) If the waste is already subject to
 an LDR treatment standard for organics
 (for example, the organic spent solvent
 listed as F001), the waste is not subject
 to subpart CC if it meets the treatment
 standards for organic hazardous
 constituents in that waste (e.g. the
 treatment standards for organics  in F001
 set out in §268.40);
   (B) If the waste is newly listed so that
 no treatment standard under §268.40
 has yet been established, determine if
 the waste was listed for organic
 constituents in Part 261 Appendix VH
 and if so, if the waste meets the
 Universal Treatment Standards (UTS)
 for those constituents (set out in
 § 268.40) then the waste is exempt from
 subpart CC. The EPA considers the UTS
 to be "applicable" because it is clear
 that this is the standard which will
 apply when the waste is prohibited;
  (C) If the waste is listed only because
 Jt contains inorganic constituents (e.g.
 electroplating wastewater treatment
 sludge (F006)), then it is not eligible for
 the LDR exemption at §264.1082(c) (4)
 but could be exempt for other reasons,
 such as containing less than 500 ppmw
 volatile organics at the point of waste
 origination. This is true whether or not
 the waste is already a prohibited
 hazardous waste, or is newly listed.
 2. Mixtures of Listed Wastes
  The same principles as presented
 above apply when mixtures of listed
 wastes are involved:
  (A) If the mixture contains listed
 wastes for which there are organic
 concentration limits in §268.40 and
 newly listed wastes listed (in Appendix
VII of Part 261) for organic hazardous
 constituents, the waste would be
exempt from subpart CC if it meets the
 treatment standards in §268.40 and the
 treatment standards to which the newly
 listed waste will be subject. Thus, to be
 exempt under § 264.1082 (c) (4), a
 mixture of F001 wastes and FXXX (a
 hypothetical newly listed waste listed
 for presence of benzene) would have to
 meet the treatment standards for the
 organic hazardous constituents set out
 in § 268.40 for F001  plus UTS for
 benzene;
   (B) If the mixture contains listed
 wastes for which there are organic
 concentration limits in §268.40 and
 listed wastes with treatment standards
 only for inorganic constituents (or
 which is newly listed, and is listed only
 due to presence of inorganic hazardous
 constituents), the waste mixture would
 be eligible for the §264.1082(c)(4)
 variance if it meets the organic
 concentration limits in §268.40. Thus, a
 mixture of F001 and F006 wastes would
 be exempt from subpart CC if it meets
 the treatment standard for F001 organic
 hazardous constituents;
   (C) If the mixture consists of listed
 wastes which are exclusively subject to,
 or are listed for,  inorganic hazardous
 constituents, the mixture is not eligible
 forthe§264.1082(c)(4) exemption.
   Finally, part of the "applicable" LDR
 standard for listed wastes is that the
 standard not be achieved by
 impermissible dilution (as set out in
 §268.3 and several EPA interpretations,
 such as in 60 FR 11706-11708 (March
 2, 1995)). Impermissible dilution could
 involve not only mixing an agent to the
 waste to increase volume without
 contributing to the treatment process,
 but also allowing volatilization from the
 waste without capture and destruction
 of the organic emissions. 52 FR at 25779
 (July 8, 1987);  Chemical Waste
 Management. EPA, 976 F. 2d 2, 17
 (D.C. Cir. 1992). In essence, this means
 that the LDR standards need to be
 achieved by treatment that destroys or
 removes the organic hazardous
 constituent (or the wastes may meet the
 treatment standard as generated). See 60
 FR 11708. The subpart CC rules likewise
 contain provisions prohibiting dilution
 as a means of making a waste eligible for
 an exemption from the rule (see, e.g.,
 §265.1083(c)(2)(vi)). Thus, to be eligible
 for this exemption from the subpart CC
 standards, listed wastes must either
 meet treatment standards for organics by
 treatment which destroys or removes
 hazardous organic constituents, or the
 wastes must meet those standards as
 generated.
 3.  Characteristic Wastes
 • The first principle to bear in mind
regarding characteristic hazardous
wastes is that the subpart CC rule no
 longer applies once these wastes are
 decharacterized, i.e., no longer exhibit a
 characteristic of hazardous waste. This
 is because the subpart CC rules only
 apply to wastes that are identified or
 listed as hazardous. See, e.g.,
 §265.1080(a). Also, since the rules do
 not prohibit any method which removes
 a hazardous characteristic, dilution can
 be used for this purpose; see
 §261.3(d)(l).  Thus, in the discussion
 that follows, it must be understood that
 all references to characteristic
 hazardous wastes are to wastes which
 continue to exhibit a characteristic.
   Characteristic wastes can be identified
 because of the presence of organic
 hazardous constituents, but also can
 contain organic "underlying hazardous
 constituents"—hazardous constituents
 present at levels exceeding the
 Universal Treatment Standards but
 which do not  cause the waste to exhibit
 a characteristic; see §268.2(i). Such
 hazardous constituents typically must
 be treated to meet UTS before a
 characteristic  waste is land disposed
 (see Chemical Waste Managementv.
 EPA, 976 F. 2d 2, 16-18), and so UTS
 can be considered to be an applicable
 standard for purposes of the subpart CC
 exemption under discussion in this
 preamble.
   Principles applicable to specific
 situations involving characteristic
 hazardous wastes are therefore:
   (A) Since subpart CC controls do not
 apply to nonhazardous wastes, these
 standards do not apply as the result of
 managing decharacterized wastes.
   (B) If the waste exhibits ignitability,
 corrosivity, or reactivity (or is a mixture
 which exhibits one or more of these
 characteristics), then the waste is
 exempt from subpart CC if it meets
 treatment standards for any of the
 organic underlying hazardous
 constituents which are present (and the
 waste is no longer subject to subpart CC
 if it no longer exhibits a characteristic,
 whether or not treatment standards for
 underlying hazardous constituents are
 achieved). In this example, these
 characteristic wastes are prohibited and
 subject to the requirement to treat for
 underlying hazardous constituents, so
 that these standards clearly are
 applicable;
  (C) If the waste or waste mixture
 exhibits a characteristic for an organic
 hazardous constituent (so-called
Toxicity Characteristic  (TC) organic
wastes), then the waste must meet the
treatment standard for that constituent
plus UTS for any organic underlying
hazardous constituent. These are the
current requirements set out in Part 268
for the waste and so are clearly
applicable;

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           Federal Register / Vol. 62, No. 235  /  Monday, December 8,  1997  / Rules and Regulations   64645
    (D) If the waste or waste mixture
  exhibits a characteristic for a metal, the
  waste would be exempt from subpart CC
  if it meets UTS for any organic
  underlying hazardous constituent which
  may be present. This result comes from
  the Chemical Waste Management
  opinion cited above (although the EPA
  has not yet amended the Part 268 rules
  to reflect the court's holding with
  respect to these wastes), and so can be
  viewed as applicable standards for
  purposes of the subpart CC exemption.

  4. Examples
   A number of examples that illustrate
  the EPA intent and interpretation of the
  subpart CC LDR exemption are
  summarized below.
    1. F001 + F006. Listed organic plus
  listed inorganic. Meet treatment
  standards for organics in FOO1;
   2. F001 + D018. Listed organic plus
  organic TC. Meet treatment standards
  for F001, treatment standards for
  benzene, and treatment standards for
  any organic underlying hazardous
  constituent in the DO 18 waste (or
 eliminate the DO 18 characteristic before
 the waste is managed in a tank,
 container or surface impoundment, in
 which case only the treatment standards
 for F001 waste would have to be
 satisfied for the exemption to apply);
   3. F001 + D008. Listed organic plus
 TC metal. Meet treatment standards for
 F001 plus treatment standards for any
 organic underlying hazardous
 constituents which may be present in
 the D008 waste (or eliminate the D008
 characteristic before the waste is
 managed in a tank, container or surface
 impoundment, leaving the F001
 standard as the applicable treatment
 standard);
   4. F006 +  D018 + D008. Listed
 inorganic, TC organic, TC inorganic.
 Meet treatment standard for benzene
 and for organic underlying hazardous
 constituents in DO 18 and D008 wastes;
   5. F006. Ineligible for §264.1082(c)(4)
 exemption.
   There have also been questions
 regarding whether this LDR exemption
 applies to mixtures that would meet the
 organic constituent concentration limits
 specified for the hazardous wastes in
 the mixture but for the contribution of
 organic constituents from the
 decharacterized wastes in the mixture.
 The EPA interprets the rule so that the
 LDR exemption does not apply in these
 circumstances. First, the language of the
 rule refers to "all hazardous waste
 placed in the unit" having to meet the
treatment standard, which logically
means meeting the standard at the point
the hazardous waste is placed in the
unit. Second, it is reasonable to look at
  the point of mixing as a new point of
  waste origination in keeping with the
  overall thrust of the provision to reserve
  the exemption for wastes which actually
  are treated. See 54 FR at 26633 (June 23,
  1989) where the EPA noted a similar
  view in the LDR context. The EPA also
  notes that this interpretation is
  consistent with other provisions of the
  rule where the Agency has indicated
  expressly that organic removal is to be
  evaluated in the context of each
  individual waste stream entering a
  treatment process. See section
  §265.1083(c)(2)(v)(C).
    The last issue addressed on this topic
  in today's preamble concerns the
  relationship of this exemption and
  treatment variances under the LDR
  program. The EPA notes that the
  exemption from subpart CC standards
  applies only to hazardous wastes that
  have been treated to meet the  treatment
  standards set out in 40 CFR 268.40. This
  language excludes alternative standards
  which are established as part of the
  treatment variance process, which
  alternative standards are codified in 40
  CFR 268.44. This distinction is
  intentional. As the EPA recently noted
  in the rulemaking amending the
  treatment variance standards,  it is
  possible that a treatment variance may
  result in a standard which does not fully
 remove volatile organics to the extent
 contemplated in creating the subpart CC
 exemption. For this reason, the EPA has
 indicated explicitly that such wastes
 may remain subject to  the subpart CC
 rules. The EPA reiterates that approach
 here.
,   The EPA is today amending  the
 treatment demonstration provision for
 valuing waste analysis results below the
 limit of detection for an analytical
 method. In response to comments, EPA
 is today revising paragraphs (A) and (B)
 of§264.1082(c)(2)(ix)and
 § 265.1083(c)(2)(ix). The change to
 paragraph (A) is being made in
 recognition that a relatively high blank
 value for Method 25D does not
 necessarily indicate that a waste stream
 has failed to meet the treatment
 demonstration requirements of
 §265.1083(c)(2)(i) through (vi). The
blank value required in paragraph  4.4 of
EPA Reference Method 25D (codified in
appendix A to 40 CFR part 60)  is an
indication of the organics contained in
the Polyethylene Glycol, not the
organics in the waste. For a Method 25D
analytical result, the method instructs
the operator to report the value of the
instrument results minus the blank
value. In a circumstance that the
instrument results are higher than the
blank value, the reported Method 25D
result would not be non-detect, but
  rather, would be a numerical
  concentration value. In circumstances
  that the instrument results are equal to
  the blank value, the reported result
  would be non-detect. In the
  circumstance resulting in a non-detect,
  the Agency does not consider it
  appropriate to require the facility owner
  or operator to compare the treatment
  results of paragraphs (c) (2) (i) through
  (vi) in §264.1082 and §265.1083 to one-
  half of the blank value, as was required
  by the regulatory requirement being
  revised today. Therefore, the Agency is
  adding a provision that allows the
  facility owner or operator to substitute
  a value of 25  ppmw for a non-detect
  Method 25D result, if one-half the   .
  Method 25D blank value is more than 25
  ppmw. The Agency has selected the
  value of 25 ppmw because it represents
  95 percent reduction of organics in a
  waste stream  of 500 ppmw, the required
  percent reduction for a waste stream
  with a VO concentration equal to the
  action level for the subpart CC
  standards.
   No default value similar to the 25
  ppmw value described here is included
  in the provisions for non-detect results
  in waste determinations performed to
  determine whether the hazardous waste
  is below 500 ppmw at its point of waste
  origination. See 265.1084(a)(3). Such a
  provision is necessary in situations
 where an owner or operator is
 attempting to  demonstrate a process has
 achieved 95 percent reduction of
 organics, because the concentration of
 the stream exiting the process unit may
 need to be demonstrated to be as low as
 25 ppmw. Such is not the case with
 waste determinations performed to
 demonstrate that the hazardous waste
 stream is below the subpart CC action
 level of 500 ppmw, where the waste
 determination need only demonstrate
 that the waste is below 500 ppmw. The
 valuing of non-detects for waste
 determinations performed at the point
 of waste origination is discussed further
 in the following section of this
 preamble.
   The EPA is revising paragraph (B) of
 §264.1082(c)(2)(ix)and
 §265.1083(c)(2)(ix) to clarify the
 Agency's intent that the level of
 detection for an analytical method other
 than method 25D is the sum of the
 limits of detection for each of the
 regulated compounds in the waste
 sample. As previously written, the
 provision did not clearly indicate that
 for purposes of this subpart, only the
 detection limits for organic compounds
with Henry's Law greater than or equal
to 0.1 Y/X are required to be summed',
to establish the limit of detection for an
analytical method.

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 64646   Federal Register / Vol. 62, No.  235  /  Monday, December 8,  1997 / Rules and Regulations
   The EPA is also adding a reference to
 organic hazardous constituents in
 paragraph (c)(4)(ii) of §264.1082 (which
 applies when the LDR standard is a
 designated method of treatment), to
 make clear that this provision requires
 treatment of organics. With this
 revision, §264.1082(c)(4)(ii) now
 conforms to §264.1082(c)(4)(i). A
 conforming change is being made to the
 requirement for interim status facilities,
 at§265.1083(c)(4)(ii).
 D. Waste Determination Procedures
   Paragraphs in §264.1083(a)(2)  and
 §265.1084(a)(2) are revised by changing
 "The average VO concentration of a
 hazardous waste at the point of waste.
 origination may be determined * * *"
 to read as follows: "For a waste
 determination that is required by
 paragraph (a)(l) of this section, the
 average VO concentration of a
 hazardous waste at the point of waste
 origination may be determined * * *"
 This waste determination requirement
 was explained in Section Vn.A.3, Waste
 Determination Procedures, of the
 preamble to the final rule (59 FR 62915,
 December 6,1994) as follows: "A
 determination of the volatile organic
 concentration of a hazardous waste is
 required by the subpart CC standards
 only when a hazardous waste is placed
 in a tank, surface impoundment,  or
 container subject to the rule that  does
 not use air emission controls in
 accordance with the requirements of the
 rule. A TSDF owner or operator is not
 required to determine the volatile
 organic concentration of the waste if it
 is placed in a tank, surface
 impoundment, or container using the
 required air emission controls."
 Consistent with this statement, the EPA
 is slightly revising the current rule to
 make clear that the average VO
 concentration determination is required
 only for hazardous waste  placed in a
 unit not using subpart CC air emission
 controls and not otherwise exempt from
 using subpart CC air emission controls.
  Today's action also revises
 § 265.1084 (a) (3) (ii) (B) to clarify the
 EPA's intent regarding the number of
 samples required for a waste
 determination. The amended paragraph
 states (as did the published rule
 language at § 265.1084(a) (5) (iv) (A) (see
 59 FR 62939. December 6,1994)), that
 the average of four or more sample
 results constitutes a waste
 determination for the waste stream. This
amended paragraph further clarifies that
one or more waste determinations may
be needed to represent the average VO
concentration over the complete range
of waste compositions and quantities
that occur during the entire averaging
 period (due to normal variations in the
 operating conditions for the source or
 process generating the hazardous waste
 stream). Therefore, to determine the
 average VO concentration of a waste
 stream generated by a process with large
 seasonal variations in waste quantify, or
 fluctuations in ambient temperature,
 several waste determinations (of four or
 more samples each) will be required.
   The affected public has been fully
 informed of the EPA's intent regarding
 the fact that four samples constitute a
 waste determination, and that one or
 more waste determinations may be
 needed to characterize the waste
 stream's VO concentration over the
 averaging period. To inform the public
 of the technical requirements and
 compliance options in the amended
 subpart CC RCRA air rules,  the EPA
 conducted a series of six seminars
 during August and September of 1995
 and an additional six seminars during
 August through November of 1996.
 During these seminars, the EPA
 presented a thorough discussion of the
 details associated with making a waste
 determination. (Refer to EPA RCRA
 Docket No. F-95-CE3A-FFFFF, Item
 No. F-95-CE3A-S0017 and Docket No.
 F-96-CE3A-FFFFF.)
   In another clarifying revision, in each
 citation of Method 8260(B) and Method
 8270 (C) in "Test Methods for Evaluating
 Solid Waste, Physical/Chemical
 Methods," EPA Publication SW-846,
 the reference to version (B) or (C) is
 being deleted by today's action. The
 citations that are being revised were
 added by the November 25, 1996, final
 rule amendments (61 FR 59932) to the
 following paragraphs of § 265. 1084:
(b)(3)(iii), (b)(3)(iii)(F), and (b)(3)(iii)(G).
  It was the EPA's intent that the
current version of each of these
methods, as applicable to the waste
being measured, be used in making a
waste determination, not necessarily the
specific versions cited. At the time the
November 25, 1996 amendments were
published, the versions 8260 (B) and
8270(C) were only proposed methods;
the published versions were 8260(A)
and 8270 (B). Specifying these particular
versions was an inadvertent error,
which is  being corrected by today's
action. As was stated in Section IV.F,
Waste Determination Procedures, of the
preamble to the final rule amendments
(61 FR 59942. November 25, 1996), after
extensive review,  the EPA decided that
as alternatives to using Method 25D for
direct measurement of VO concentration
in a hazardous waste for the subpart CC
RCRA air rules, it  was appropriate to
add Methods 624, 625, 1624, and 1625
(all contained in 40 CFR part 136,
 appendix A) and Methods 8260(B) and
 8270 (C) (both in "Test Methods for
 Evaluating Solid Waste, Physical/
 Chemical Methods" in EPA publication
 SW-846) when these methods are used
 under certain specified conditions. It
 was noted that for each of these
 methods, there is a published list of
 chemical compounds which the EPA
 considers the method appropriate to
 measure. The owner or operator may
 only use these methods to measure
 compounds that are contained on the
 list associated with that method, unless
 specified validation procedures are also
 performed. It was further noted that for
 the purpose of a waste determination,
 the owner or operator must evaluate the
 mass of all VO compounds in a waste
 that have Henry's Law value above the
 0.1 Y/X value. Therefore, it is the EPA's
 position that the owner or operator is
 responsible for determining that the
 analytical method being used for a
 waste determination is sufficient to
 evaluate all of the applicable organic
 compounds that are contained in the
 waste.
  (Note: Today's action includes a revised
 list of known compounds with a Henry's Law
 value less than or equal to 0.1 Y/X, contained
 in appendix VI of subpart 265; the revisions
 correct typographical errors, and format the
 list to be alphabetical.)
  Also in today's action, a printing error
 that placed §265.1084(a)(3)(iii)(A) at the
 end of § 265.1084(a) (3) (iii) has been
 corrected. In  addition, in the November
 25, 1996 final rule amendments,
 because of a typographical error in
 § 265.1084 (a) (3) (iii) (G), the words
 "introduction and analysis" were
 omitted from the sample handling steps
 for which site-specific procedures must
 be documented in the quality assurance
 program to minimize the loss of
 compounds due to volatilization,
 biodegradation, reaction, or sorption.
 Today's amendments revise
 § 265.1084(a)(3)(iii) (G) to read as
 follows: "Documentation of site specific
 procedures to minimize the loss of
 compounds due to volatilization,
 biodegradation, reaction, or sorption
 during the sample collection, storage,
 preparation, introduction, and analysis
 steps."
  Several commenters have stated that
 the subpart CC provisions for treatment
 of non-detect values in the analysis of
 treated waste samples, contained in
 §§264.1082(c)(ix)and
 265.1083(c)(2)(ix), should also apply to
waste determinations at the point of
waste origination, for purposes of
determining compliance with the 500
ppmw VO concentration action level  of
the  standards. Commenters requested

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          Federal Register /Vol. 62, No. 235  /  Monday, December 8,  1997  / Rules and Regulations   64647
 this application of the non-detect policy
 to waste determinations because a waste
 determination consists of the average of
 four or more samples, and some of the
 samples analyzed may yield results that
 are below the analytical method's limit
 of detection. The commenters' concern
 is the same rationale that led EPA to
 amend the provisions at sections
 264.1082 and 265.1083 in the November
 25,1996 final rule amendments;
 without such a provision, the owner or
 operator does not have a way to assign
 a numeric value for a non-detect
 reading, when computing the average of
 four or more waste samples to calculate
 a waste determination. The same logic
 applies to both circumstances, and it
 was obviously an oversight that EPA did
 not include this provision in the
 November 25, 1996 final rule
 amendments. Thus, the EPA is today
 adding to the waste determination
 provisions at §265.1084(a)(3) (iv), a
 provision for valuing non-detect
 analytical-results. The new rule
 language provides the appropriate
 guidance on the valuing of non-detects
 in the calculation of the average of four
 or more samples for a waste
 determination.             •
  (Note: A corresponding amendment is not
 required at §265.1084(b)(3)(iv) for treated
 hazardous waste because those rules,
 specifically §264.1082{c)(2)(ix) and
 §265.1083(c)(2)(ix), contain provisions for
 valuing non-detects when determining
 performance of an organic destruction or
 removal process.)
  The EPA today  is also amending
 regulatory language to reflect a
 clarification that was addressed in the
 November 25, 1996 rulemaking
 preamble (61 FR at 59943), but was
 inadvertently omitted from the
 regulatory text. This amendment adds
 two new paragraphs to the waste
 determination provisions, § 265.1084
 (a)(3)(v) and (b)(3)(v), to state that EPA
 would determine compliance with the
 subpart CC regulations based on the
 same test method  used by the facility
 owner or operator, provided the owner
 or operator had used a test method
 appropriate for the waste. The
 appropriateness of an analytical method
 is described in paragraphs §265
 (a) (3) (iii) and (b) (3) (iii), respectively.
The November 25,1995 preamble to the
final rule amendments (61 FR 59943)
stated that, "* * * as long as one of the
allowable test methods is being used for
direct measurement of the VO
concentration of a hazardous waste, the
EPA would only enforce against the
facility on that basis (i.e.,  using the same
test method), unless the method used is
not appropriate for the hazardous waste
managed in'the unit." Today's
 amendments-add a paragraph to the
 analysis section of the final rule's waste
 determination procedures at §265.1084
 (a) and (b):to codify this Intended
 provision.
   As published in the November 25,
 1996 final rule amendments (61 FR
 59975), paragraph 265.1084(a) (4)(iv)
 provides that the results of a direct
 measurement of average VO
 concentration shall be used to resolve a
 disagreement between the Regional
 Administrator and the owner or
 operator regarding a determination of
 the average VO concentration of a
 hazardous waste stream using
 knowledge. To clarify that in such cases
 where there is disagreement regarding
 use of knowledge, the owner or operator
 has the discretion to choose an
 appropriate test method or methods, the
 following sentence has been added to
 § 265.1084 (a) (4) (iv): "The owner or
 operator may choose one or more
 appropriate methods to analyze each
 collected sample in accordance with the
 requirements of paragraph (a) (3) (iii) of
 this section."
   The EPA is also clarifying the waste
 determination requirements for treated
 wastes. Prior to today's amendment, the
 subpart CC regulatory text required
 analysis of all treated waste. As
 explained below, a waste determination
 is unnecessary for a waste treated by
 either a boiler or industrial furnace (BIF)
 operated in accordance with subpart H
 to 40 CFR part 266, or a hazardous
 waste incinerator operated in
 accordance with subpart O to 40 CFR
 parts 264 or 265; the EPA is amending
 the rule to clarify this. Today's action
 revises paragraph (b) (1) of §§264.1083
 and 265.1084 to require that the owner
 or operator perform the applicable waste
 determination for each treated
 hazardous waste placed in a waste
 management unit exempted under the
 provisions of paragraphs (c) (2) (i)
 through (c)(2)(vi) of §§264.1082 and
 265.1083, respectively. Those specific
 paragraphs are cited in today's amended
 rule language to clarify that a waste
 determination is only required for a
 hazardous waste placed in  a waste
 management unit exempted under one
 of the treatment demonstration options
 that is a performance standard, as
 opposed to an equipment specification
 standard. As was noted in Section
 VII.A.2.b, Treated Hazardous Waste, of
 the final rule preamble (59  FR 62914,
 December 6, 1994), provisions for
 hazardous waste treatment are specified
 in the subpart CC standards for the
following processes: (1) An organic
destruction, biological degradation, or
organic removal process that reduces
the organic content of the hazardous
 waste and is designed and operated in
 accordance with certain conditions
 specified in the rule;  (2) a hazardous
 waste incinerator that is designed and
 operated in accordance with the
 requirements of 40 CFR part 264 subpart
 O or 40 CFR part 265  subpart O; or (3)
 a BIF that is subject to the requirements
 of 40 CFR part 266 subpart H.
   Under today's amendments to the
 rule, the EPA is clarifying its original
 intent, that a waste determination is
 required only for a treated hazardous
' waste placed in a waste management
 unit, if the unit is exempt from air
 emission control requirements under
 provisions contained  in paragraphs
 (c)(2)(i) through (c)(2)(vi) of §§264.1082
 and 265.1083. The EPA requires waste
 demonstrations for those treatment
 demonstration  options to ensure that the
 treatment conditions specified in
 subpart CC have been met. As explained
 in the December 1994 final rule
 preamble (59 FR at 62914, December 6,
 1994), the waste demonstration results
 are required to  indicate that a sufficient
 mass of organic constituents have been
 removed or destroyed from a regulated
 waste stream, prior to it being placed in
 a hazardous waste management unit
 that is not equipped with air emission
 controls. The treatment demonstration
 options listed in paragraphs (c)(2)(i)
 through (viii) of §§264.1082 and
 265.1083 are based on the treatment
process achieving a 95% reduction by
weight of organic constituents in the
waste. For the provisions of (c) (2) (i)
through (c)(2)(vi) of §§264.1082 and
265.1083, the treatment process  is not
specified in the regulation; rather the
requirement is based on the removal
efficiency of the treatment process.
Thus, to demonstrate compliance, EPA
considers it necessary that the owner or
operator perform waste determinations
to demonstrate  the appropriate removal
efficiency has been achieved. However,
the treatment demonstration provisions
of paragraph (c)(2)(vii) in §§264.1082
and 265.1083 require that the hazardous
waste be treated in an  incinerator that
is designed and operated in accordance
with the requirements of subpart O in
40 CFR part 264 or part 265; and the
treatment demonstration provisions of
paragraph (c) (2) (viii) in §§264.1082 and
265.1083 require that the hazardous
waste be treated in a BIF that is
designed and operated in accordance
with the requirements  of 40 CFR part
266, subpart H.  The EPA considers
compliance with those combustion
standards to be  sufficient demonstration
that the organics in the waste will be
destroyed by 95 percent or more, by
weight, and does not consider a waste

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 64648   Federal Register  / Vol.  62,  No. 235  / Monday, December 8,  1997 / Rules and  Regulations
 determination necessary. The EPA has
 consistently given verbal guidance that
 waste determinations are not required
 for waste treated in the above-
 mentioned specific units, and is today
 making an amendment to the regulatory
 text to make the regulatory requirements
 consistent with this guidance.
   In a further clarification, the EPA
 intended that the owner or operator use
 the same test method to determine the
 average VO concentration at the point of
 waste treatment as is used at the point
 of waste origination, if these values are
 to be used to determine the effectiveness
 of a treatment system. As was stated in
 Section IV.F, Waste Determination
 Procedures, of the preamble to the final
 rule amendments (61 FR 59942,
 November 25,  1996), "The main point
 that must be reemphasized regarding
 direct measurement of VO concentration
 is that, although the EPA is amending
 the rule to allow various test methods
 other than Method 25D to be used in a
 waste determination, the owner or
 operator must use a test method (s) that
 is appropriate for the compounds
 contained in the waste. The method (s)
 used for the waste determination must
 be suitable for and must reflect or
 account for all compounds in the waste
 with a Henry's Law constant equal to or
 greater than 0.1 Y/X at 25 degrees
 Celsius."
   Since the effectiveness of a waste
 treatment process must be judged on the
 basis of the process's capacity to reduce
 the organics in waste relative to their
 concentration at the point of waste
 origination or at the point of entry to the
 treatment system, the method(s) used
 for the waste determination at the point
 of waste treatment must be appropriate
 to detect and measure the compounds in
 the waste at the point of waste
 origination: to put the measurements on
 a common basis and provide an accurate
 comparison, the EPA considers it
 necessary that the method (s) used at the
 point of waste origination must be the
 same as the method(s) used at the point
 of waste* treatment. To clarify this
 requirement, which the EPA has
 heretofore considered implicit, the •
 following sentence is being added to
 §265.1084(b)(3)(iii): "When the  owner
 or operator is making a waste
 determination for a treated hazardous
 waste that is to be compared to an
 average VO concentration at the point of
 waste origination or the point of waste
 entry to the treatment system, to
 determine if the conditions of
 §264.1082(c)(2)(i) through (c)(2)(vi) or
 §265.1083(c)(2)(i) through (c)(2)(vi) are
 met, then the waste samples shall be
 prepared and analyzed using the same
method(s) as were used in making the
 initial waste determination (s) at the
 point of waste origination or at the point
 of entry to the treatment system." (Only
 the waste determination provisions in
 part 265 are being revised in connection
 with this rule clarification and the
 following rule clarification, because the
 subpart CC waste determination
 protocols are contained in part 265, and
 the part 264 standards cross-reference
 part 265.)
   Because of a printing error, the
 equations for calculating the actual
 organic mass removal rate in
 §265.1084(b)(8)(iii) and for calculating
 the actual organic mass biodegradation
 rate in §265.1084(b)(9)(iv) were out of
 place in the November 25, 1996
 amendments (61 FR 59978). This
 document corrects the placement of
 these equations.
   In a further clarification to the waste
 determination procedures of subpart CC,
 paragraph 265.1084(d)(5)(ii) required
 that a mixture of methane in air at a
 concentration of approximately, but less
 than, 10,000 ppmw be used to calibrate
 the  detection instrument used to
 determine no detectable organic
 emissions. It was the EPA's intent that
 the  calibration procedure be consistent
 with the procedure specified in the
 subpart BB equipment leak test methods
 and procedures at §§264.1063 and
 265.1063, as they reference the same
 monitoring procedure. Paragraph
 (b)(4)(ii) of §§264.1063 and 265.1063
 specifies that calibration gases for the
 detection instrument shall be, "A
 mixture of methane or n-hexane and air
 at a  concentration of approximately, but
 less than 10,000 ppm methane or n-
 hexane. Consistent with this
 requirement, today's action revises the
 requirement for calibration gases in
 parts 264 and 265 to provide the owner
 or operator the choice of using a mixture
 of methane or n-hexane and air.

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

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          Federal Register / Vol. 62, No. 235 /  Monday, December 8,  1997  /  Rules and Regulations   64649
 Level 2 air emission control
 requirements. It should also be noted
 that the regulation as amended by the
 November 25,1996 Federal Register
 document (at§§264.1084(d)(5) and
 265.1085(d)(5)) was correct and did not
 contain the statement regarding the use
 of a (non-combustion) "control device
 designed and operated to reduce the
 total organic content of the inlet vapor
 stream by at least 95 percent by weight."
 Since publication of the November 25,
 1996 preamble, the EPA has
 consistently and repeatedly provided
 verbal clarification in all forums where
 the subject of level 2 tank enclosures
 has been raised, that the noted preamble
 text is incorrect, and that level 2 tanks
 operated inside an enclosure must be
 vented to an enclosed combustion
 device. The EPA provided this
 information publicly at each of the six
 seminars EPA conducted in September
 through December of 1996; additionally,
 an industry trade association provided
 this same clarification at the two
 seminars the industry trade group
 conducted in March and April of 1997
 (these seminars are discussed in the
 Background section of today's
 preamble). Additionally, the
 requirement for enclosed combustion
 devices on level 2 tank enclosures was
 strongly affirmed in the accompanying
 printed materials for each of these EPA
 and industry trade group seminars;
 those printed materials were distributed
 to all seminar attendees, and to
 additional members of EPA and the
 regulated community, for informational
 purposes and peer review.  Further, the
 RCRA Hotline has been clarifying the
 regulatory text requirement for enclosed
 combustion devices to callers who have
 raised the topic to Hotline
 representatives. The requirement for
 enclosed combustion devices on level 2
 tank enclosures is not being amended by
 today's action. However, the EPA is
 currently considering a future
 amendment to this requirement that
 would allow owners or operators to
 operate a Level 2 tank enclosure vented
 to an alternate control device,  provided
 they make certain site-specific
 demonstrations. The reason EPA
 currently requires enclosure emissions
 to be vented to an enclosed combustion
 device is because organic concentrations
 in air within the enclosure  are very
 dilute, due to the inherent dilution in
 the enclosure, and are often less than
 100 ppm organics by volume. It is not
 clear to the EPA that control devices
other than enclosed combustion
devices, can reduce organics in such a
dilute vent stream by the 95 percent
control efficiency required the subpart
 CC standards. The EPA has agreed to
 investigate the possibility whereby a
 facility could make a case-by-case
 demonstration of a non-combustion
 control device efficiency; the EPA
 would require the demonstration to
 show that a mass of organics would be
 removed from a given waste, using a
 particular enclosure and control device,
 equivalent to 95 percent reduction of
 organics in the tank headspace, if the
 tank were to be equipped with a discreet
 cover. Though such a demonstration
 would likely be fairly detailed and
 costly, commenters have indicated that
 they would be interested in pursuing
 such an option if it were included in the
 subpart CC tank enclosure requirements.
 The EPA considers that such an
 equivalency  would be consistent with
 the existing tank standards; if a
 technically feasible and verifiable
 equivalency  demonstration technique
 can be developed, this could be a
 reasonable alternative to the
 requirement for enclosed combustion
 devices under the Level 2 tank
 enclosure control option. The EPA will
 continue to investigate this option, and
 if a viable approach can be developed,
 will publish a future amendment to
 incorporate it into the subpart CC Level
 2 tank standards.
  The EPA has received inquiries as to
 whether doors are allowed to be open
 on level 2 tank enclosures, and how
 doors are regarded under the provisions
 for natural draft openings (NDO) in the
 "Procedure T—Criteria for and
 Verification of a Permanent or     - -   ,
 Temporary Total Enclosure"  under 40
 CFR 52.741, appendix B ("Criteria T")
 requirements. The Criteria T  evaluation
 of NDO is intended to evaluate the
 effectiveness  of the enclosure at
 capturing emissions from within the
 enclosure. Therefore, for purposes of
 Criteria T, the evaluation of the
 enclosure must be conducted on the
 enclosure as it is operated during
 hazardous waste management
 operations. If the enclosure has a door
 that is closed during waste operations,
 then the open doorway would not be
 considered an NDO; however, cracks or
 openings that exist around the door
 when it is closed would be considered
 NDO. Doors on enclosures are often very-
 large, to accommodate waste
 transportation vehicles; thus, the
 effectiveness of an enclosure is severely
 altered by the positioning of such a
 door. Obviously, if a door is normally
open during times when  hazardous
waste is managed in the enclosed tank,
the open doorway would be considered
an NDO.
  By this clarification, the EPA is not
precluding the opening of enclosure
  doors. The EPA considers it appropriate
  to allow enclosure doors to be open for
  the same circumstances that tank covers
  can be open under paragraph
  265.1085(g)(2)(i)(A) and similar
  paragraphs for tanks equipped with
  fixed roofs—when necessary to provide
  access to the tank for performing routine
  inspection, maintenance, or other
  activities needed for normal operations.
  Also commensurate with paragraph
  265.1085(g)(2)(i)(A), following
  completion of the activity, the owner or
  operator should promptly secure the
  door in the position it was in during the
  evaluation of the NDO.
   It also warrants clarification that the
  enclosure door (and other openings not
  accounted for as Criteria T NDO) must
  be closed at all times that hazardous
  waste is managed in the enclosed tank
  (unless the tank is exempt from subpart
  CC air emission control requirements),
  not just when waste is being treated in
  the tank. The EPA considers it
  inherently obvious within the tank
 standards that the enclosure around a
 tank must be operated in the same
 manner in which it was evaluated for
 the Criteria T requirements.
 Specifically, paragraphs §264.1084(i)(l)
 and §265.1085(i)(l) require that the
 enclosure be designed and operated in
 accordance with the Criteria T.
   The EPA recognizes that it is not
 feasible to require all waste transfer to
 and from a tank enclosure to be
 conducted by enclosed transfer systems.
 However, the EPA does consider it
 reasonable to interpret the provisions of
 §264.1084(0(1) and §265.1085(i)(l) to
 require that the enclosure be operated in
 the same manner in which it was
 evaluated for compliance with Criteria
 T. Thus, the EPA is clarifying that
 enclosure doors and other openings not
 evaluated as NDO shall be closed when
 hazardous waste is managed inside the
 enclosure,  except when it is necessary
 to open the door or opening for waste
 transfer, equipment access, or worker
 access.
   In the December 6, 1994 final
 regulation, the regulatory text at
,§§264.1084(g) and265.1085(g) allowed
 that an owner or operator may install
 and operate a safety device on tank
 covers, closed-vent systems and control
 devices. The amendments published on
 November 25, 1996 amended the tank
 requirements; in those amendments, the
 provision for safety devices was
 inadvertently omitted from the tank
 requirements for floating roof covers.
 Today's action adds new paragraphs
 264.1084 (e) (4), 264.1084(f) (4),
 265.1085(e)(4), and 265.1085(f)(4)
 stating that safety devices are allowed

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 64650   Federal Register  / Vol.  62,  No. 235 / Monday,  December 8, 1997 / Rules and Regulations
 on both internal and external floating
 roof tank covers.
   Today's action amends
 § 264.1084(f)(3)(iii) to correct a
 typographical error. The sentence "Prior
 to each inspection required by
 paragraph (f)(3)(i) or (f)(3)(ii) of this
 Subpart * * *" is revised to read as
 follows, "Prior to each inspection
 required by paragraph (f) (3) (i)  or
 (f)(3) (ii) of this section * *  *" Also, to
 correct another typographical error in
 §264.1084(f)(3)(i)(D)(4) and
 §265.1085(f)(3)(i)(D)(4). the phrase
 "* * * and then dividing the sum for
 each seal type by the nominal perimeter
 of the tank." is revised to read as
 follows "* * * and then dividing the
 sum for each seal type by the nominal
 diameter of the tank."
  In the November 25. 1996 final rule
 amendments (61  FR 59932), an
 exemption from the control
 requirements of subpart CC was added
 for a tank, surface impoundment, or
 container for which all the hazardous
 waste placed in the unit meets the Land
 Disposal Restrictions (LDR) as specified
 in §§264.1082(c)(4) and 265.1083(c)(4).
 However, the EPA inadvertently failed
 to add this exemption based on meeting
 applicable LDR treatment standards to
 the exemption from the closed system
 transfer requirements. Today's change
 adds paragraph (iii) under
 §§264.1084(j)(2) and 265.1085(j)(2) to
 correct this oversight. It was originally
 the EPA's intent to make this
 conforming amendment for closed
 system transfer requirements in the
 November 25.1996 action. The basic
 structure of the subpart CC rule is that
 once a hazardous waste is subject to the
 provisions of the rule, all containers,
 tanks, and impoundments managing the
 waste are subject to the rule's
 requirements. However, once a waste is
 treated to destroy or remove organics in
 a manner specified in the rule,
 downstream tanks, containers, and
 surface impoundments are not subject to
 the subpart CC air requirements to
 operate the units with covers and/or
 control devices.
 (Note: Recordkeeping, monitoring, reporting
 and testing requirements may apply to those
 downstream units.) See Section Vn.A.2.b,
 Treated Hazardous Waste, of the preamble to
 the final rule (59 FR 62914, December 6,
 1994). The EPA inadvertently failed to codify
 this core principle for closed system transfer
 and Is correcting the omission in today's rule.

 F. Standards: Surface Impoundments
  Today's action corrects a
 typographical error in §§264.1085(b)(2)
 and 265.1086(b)(2) by revising the
 phrase"* * * paragraph (d) of this
sections." to read "* *  * paragraph (d)
 of this section." Also, the EPA is
 clarifying the requirements of
 §§264.1085(d)(l)(iii)and
 265.1086(d)(l)(iii) by making a non-
 substantive editing change. "Factors to
 be considered when selecting the
 materials for *  * *" is redrafted to read
 "Factors to be considered when
 selecting the materials of construction
 * * *" To correct another typographical
 error in §§264.1085(d)(2)(i)(B) and
 §265.1086(d)(2)(i)(B), "To remove
 accumulated sludge or other residues
 from the bottom of surface
 impoundment." is revised to read, "To
 remove accumulated sludge or other
 residues from the bottom of the surface
 impoundment."
   As is discussed regarding tanks, in
 Section E of this preamble, the EPA
 inadvertently failed to add the
 exemption for hazardous wastes that
 have been treated to meet applicable
 LDR treatment standards to the
 exemption from the closed system
 transfer requirements for hazardous
 waste that is transferred to a surface
 impoundment. Today's action adds this
 exemption to the exemptions from
 closed system transfer requirements in
 §§264.1085(e)(2)(iii)and
 265.1086(e)(2)(iii).
 G. Standards: Containers
   The EPA has received comments from
 the regulated community regarding the
 inspection requirements for containers;
 these comments clearly indicate a wide-
 spread misinterpretation of the rule
 requirements relevant to container
 inspections. Numerous commenters
 referenced in their statements to the
 EPA that the language in
 §264.1086(c)(4)(i) and (d)(4)(i), and the
 corresponding paragraphs in 40 CFR
 part 265, require a visual inspection to
 occur within 24 hours after acceptance
 of each regulated container which is
 transported to a regulated facility and
 which contains hazardous waste at the
 time it arrives at the facility. They also
 noted that the requirement for an
 inspection to be conducted within a 24-
 hour time frame is unnecessarily
 burdensome in some limited and
 infrequent situations.
  The visual container inspection
 requirement is intended to provide
 means for the facility owner or operator
 to ensure that the container has no
 visible openings or gaps through which
 organics could be emitted; see Section
 IV.I.3 of the preamble, 61 FR 59948,
November 25, 1996. The amended
container regulations published
November 25, 1996, did not specify the
time frame in which the initial visual
inspection must be conducted. The
regulation states, "In the case when
 * * * the container is not emptied (i.e.,
 does not meet the conditions for an
 empty container as specified in 40 CFR
 261.7(b)) within 24 hours after the
 container is accepted at the facility, the
 owner or operator shall visually inspect
 the container * * *" The 24-hour
 period in the rule language refers to the
 time limit on emptying the container
 that triggers the visual inspection; the
 rule language in §265.1087(c)(4)(i) and
 (d)(4)(i), and the corresponding
 paragraphs in 40 CFR part 265, as
 published in November 1996, do not
 specify the time frame in which the
 visual inspections must be conducted.
 However, it is the intent of the EPA that
 the initial inspection be subject to the
 same time requirements as were set out
 in the December 6, 1994, final
 regulation (see 40 CFR 265.1089(f)(l) of
 the December 6, 1994 published
 regulation (at 59 FR 62947)).
 Specifically,  the container inspection
 must be conducted on or before the date
 that the container is initially subject to
 the subpart CC container standards.
 Thus, for a container with hazardous
 waste that is  transported to a regulated
 facility, the inspection of the container
 is required on or before the date that the
 container is accepted at the facility.
  In those situations where it would be
 infeasible to inspect a container on the
 date it is accepted at the facility, for the
 purpose of compliance with the subpart
 CC container standards, it would be
 acceptable for the container to be
 inspected prior to that date. For
 example, if an owner or operator of an
 affected facility accepts a shipment of
 containers that arrives at the TSDF on
 a truck, and the TSDF owner or operator
 is unable to conduct a visual inspection
 of the containers at the time of
 acceptance of the container shipment, it
 is acceptable  under the rule to have the
 generator or transporter perform the
 visual inspection of the individual
 containers before or during loading of
 the containers onto the truck for
 transport to the affected facility. The
 transporter or generator could provide
 the recipient TSDF with some level of
 information (e.g., written
 documentation) to confirm the
 inspection has been conducted on or
 before the date that the container is
 accepted at the facility. It is likely that
 the TSDF owner or operator would then
 perform their own visual inspection
when possible, (e.g., at the time that the
 containers are unloaded from the truck
at the TSDF).  The EPA considers the use
of generator or transporter supplied
information to comply with the visual
inspection requirements similar to
owner or operator use of generator


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           Federal Register / Vol. 62, No. 235  / Monday, December 8, 1997 / Rules and Regulations    64651
  information regarding the organic
  content of a hazardous waste as a means
  to comply with the waste determination
  (i.e., VO concentration determination)
  requirements of the rule. It should be
  noted that in either case, it is ultimately
  the responsibility of the owner or
  operator of the affected facility to be in
  compliance with all the applicable
  regulatory requirements. The EPA is .
  amending the language in
  §264.1086(c)(4)(i) and (d)(4)(i), and the
  corresponding paragraphs in 40 CFR
  part 265, to clarify that the 24-hour.
  period noted in the rule refers to the
  time frame for emptying a container,
  and that this 24-hour criterion then
  triggers the need for a visual inspection
 .that must be conducted on or before the
  date that the container is accepted at the
  facility.
   The amendment to §§264.1086
  (c)(4)(i) and (d)(4)(i), and the
  corresponding language in part 265, also
  clarify the phrase "accepted at the
 facility." For the purposes of this
 inspection requirement for containers,
 the date of acceptance is the date of
 signature that the facility owner or
 operator enters on Item 20 of the
 Uniform Hazardous Waste Manifest of
 the appendix to 40 CFR part 262 (EPA
 Form 8700-22), as required under
 subpart E of this part, at §264.71 and
 § 265.71. The instructions to EPA Form
 8700-22 at Item 20, Facility Owner or
 Operator: Certification of Receipt of
 Hazardous Materials Covered by This
 Manifest Except as Noted in Item 19,
 state, "Print or type the name of the
 person accepting the waste on behalf of
 the owner or operator of the facility.
 That person must acknowledge
 acceptance of the waste described on
 the Manifest by signing and entering the
 date of receipt.'' The EPA considers
 acceptance of the waste to occur at the
 time of manifest signature. This has
 been the EPA's consistent interpretation
 of this phrase, and is the guidance that
 EPA has supplied both verbally and in
 written seminar materials.
  The EPA has received questions
 regarding when the opening of a cover
 or closure device is allowed on
 containers. Several of these questions
 have concerned the opening of the vent
 on vacuum trucks during loading
 operations and the opening of
 containers vents to allow venting of
 vapors for the purpose of worker safety.
 With regard to vacuum trucks, the EPA
 has always intended the subpart CC
 final rules to allow containers to vent
 emissions directly to the atmosphere
during filling operations. This would
 include use of a vacuum system to fill
a tank truck (i.e., a container under
RCRA). Although the December 6,  1994
  final rules only allowed the opening
  through which waste was transferred to
  be open during waste transfer, this was
  inadvertent; the EPA intended to allow
  venting during waste transfer
  operations, either through the opening
  through which the waste is transferred,
  or through a second opening that would
  serve as a vent. To this effect, the EPA
  amended the subpart CC rules on
  February 9, 1996 to clarify this point
  (see 61  FR 4909). The fact that EPA is
  not requiring control of vacuum trucks
  is also discussed in the document
  Hazardous Waste Treatment,  Storage,
  and Disposal Facilities—Background
  Information for Promulgated Organic
  Air Emission Standards for Tanks,
  Surface Impoundments, and containers;
  see EPA-453/R-94-076b, November
  1994, Section 6.6.5. where it is clear that
  the EPA is fully aware that a practical
  means of controlling the exhaust from
  the vacuum pump on a vacuum truck
  has not  been demonstrated. The EPA is
  now reiterating that these types of
  systems are allowed under the subpart
  CC container rules.
   In response to commenters,  EPA is
 providing clarification that venting of
 containers for worker safety is also
 allowed under the subpart CC  container
 rules. Provision (iii) of §§264.1086 (c) (3)
 and 265.1087(c)(3), which allows
 opening of a closure device or cover
 when access inside is needed,  would
 allow the owner or operator to vent a
 container prior to sending a worker into
 a tanker or other container for  clean-out.
 This type of venting is necessary to
 avoid an unsafe condition when
 entering a confined space. For example,
 venting both before and during the
 cleaning operations is needed to reduce
 the organic vapor concentration below
 the lower explosive limit (LEL) for
 worker safety. In addition, provision (v)
 of §§264.1086(c)(3) and 265.1087(c)(3),
 which allows opening of a safety device
 at any time clearly shows the EPA intent
 regarding the implementation measures
 necessary to avoid an unsafe condition.
 The EPA considers that the current rule
 language allows this type of venting for
 maintenance of worker safety, and is
 providing this preamble discussion in
 response to requests from commenters.
  An additional interpretive
 clarification is required, regarding the
 transfer requirements to, from, and
 among hazardous waste containers,
 specifically when transfers occur in
 conjunction with hazardous waste
 stabilization operations.
  The first clarification addresses
whether the addition of sorbent
materials is considered to be waste
stabilization for the purposes of
compliance with subpart CC, and thus,
  whether such activities are required to
  be conducted in containers equipped
  with level 3 controls. There has been
  specific inquiry as to whether the
  subpart CC  level 3 container standards
  apply in situations where an owner or
  operator "transfers" hazardous waste
  from one container, such as a bulk
  container or roll off box, to a second
  unit, and adds the sorbent to the waste
  after each scoop of waste is placed in
  the second unit. The container
  standards at §264.1086(b)(2) state that,
  "* * * the owner or operator shall
  control air pollutant emissions from the
  container in accordance with the
  Container Level 3 standards specified in
  paragraph (e) of this section at those
  times during the waste stabilization
  process when the hazardous waste in
  the container is exposed to the
  atmosphere." In its definition of waste
  stabilization at 40 CFR 265.1081, the
  EPA has stated that stabilization
  includes the elimination of free liquids,
  but does "not include the adding of
  absorbent materials to the surface of a
  waste, without mixing, agitation, or
  subsequent curing, to absorb free
 liquid." The associated preamble
  language clearly defined what activities
 EPA was excluding from the waste
 stabilization definition. See 61 FR at
 4905, February 9, 1996. That preamble
 discussion stated, "The EPA is also
 amending the term "waste stabilization"
 to specifically exclude the process of
 adding non-reactive absorbent material
 to the surface of a waste. The EPA
 recognizes that to meet certain criteria
 under the Land Disposal Restrictions, or
 to prevent the introduction of liquid
 into certain combustion devices, owners
 or operators apply absorbent material to
 the surface of wastes just prior to
 disposal. In such procedures, the
 container is opened, absorbent material
 is placed on the surface of the waste to
 absorb a relatively small amount of
 liquid, and the container is closed. No
 mixing or agitation is involved in the
 process."
   It is clear from the text of the
 regulation, as well as the February 9,
 1996 preamble discussion, that addition
 of absorbent,  even with very limited
 mixing or agitation, must be performed
 in compliance with the container level
 3 standards. In fact, this is the literal
 meaning of the provision—such
 "transfer" operations result in mixing of
 the sorbent material with the waste, a
 condition that qualifies as waste
stabilization under subpart CC, and
requires container level 3 controls. (See
also the discussion of the EPA's
intentions regarding requirements for
containers in  the February 9, 1996

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 64652   Federal  Register / Vol. 62,  No. 235 / Monday, December 8,  1997  /  Rules and Regulations
preamble at 61 FR 4903, which makes
clear that a hazardous waste transfer
operation conducted as described above
would not satisfy the EPA's stated intent
with regard to the general transfer
requirements of the container standards.
Therefore, the type of transfer operation
described above can only occur if the
containers meet the container level 3
requirements. The EPA repeats that this
requirement has a sound environmental
basis. Containers would remain open to
the environment during such
operations, and the volatile hazardous
constituents will be released. The
reaction of the sorbent materials with
the hazardous waste would, in fact, be
likely to increase the volatilization of
the organics in the waste, while the
container would remain uncovered as
subsequent layers of waste and sorbent
were applied. Such a situation would
result in organic emissions that the EPA
considers most appropriately controlled
under the container level 3
requirements, and the rules so require.
  The EPA recognizes, however, that
there are circumstances where addition
of sorbent is not stabilization and
therefore will not trigger subpart CC
container standards. This is why the
rule states that stabilization "does not
include the adding of absorbent
materials to the surface of a waste,
without mixing, agitation, or subsequent
curing, to absorb free liquid." The chief
example EPA has provided of such an
activity is addition of sorbent just prior
to the final disposition of the material
(the situation given in the February 9,
1996 preamble discussion). Other
examples would involve situations
where tanks are covered immediately
after addition of sorbent and stay
covered thereafter.
  Examples could occur when sorbent
is added to a container at the end of a
work day, or at the final completion of
a waste transfer. The EPA's technical
basis for allowing sorbent material to be
placed on the waste surface in these
limited situations, we repeat, is that any
potential for volatilization to the
atmosphere of the organics in the waste
would be prevented by the immediate
application of the container cover.
  A similar issue has come to the
attention of EPA, regarding the
container standards at §264.1086(d)(2)
and §265.1087 (d) (2),  which require that
transfer of hazardous  waste in or out of
a container "* * * be conducted in
such a manner as to minimize exposure
of the hazardous waste to the
atmosphere, to the extent practical
* *  *" This provision was an
amendment to the more extensive
transfer requirements that were
promulgated in the December 6,1994
 rule. The November 25, 1996
 amendment also revised the tank and
 surface impoundment transfer
 requirements such that only transfer
 between and among subpart CC-
 regulated tanks and surface
 impoundments are required to be
 conducted in an enclosed transfer
 system. This amendment was made in
 recognition that it is often impractical
 for waste in containers to be transferred
 to tanks or surface  impoundments
 through an enclosed system. However, it
 is the EPA's intent that transfer of
 hazardous waste among containers, and
 between containers and surface
 impoundments or tanks, be conducted
 in a  manner to minimize waste exposure
 to the atmosphere.  See §264.1084(j),
 §264.1085(e), §264.1086(d)(2) and
 corresponding paragraphs in part 265.
  Members of the regulated community
 have questioned whether it is possible
 to evade these less  extensive transfer
 requirements by including an
 intervening non-subpart CC unit when
 performing a transfer of hazardous
 waste. Specifically, certain regulated
 facilities have discussed transferring
 waste from a subpart CC-regulated unit
 (e.g., a tank or container) to a unit not
 subject to subpart CC (e.g., the floor of
 a containment building), then
 subsequently transferring the waste to a
 second subpart CC-regulated unit. Since
 the containment building is not a unit
 regulated by subpart CC, the subpart CC
 standards do not impose transfer
 requirements to or from containment
 buildings; thus, the facilities suggest
 that  the subpart CC transfer
 requirements would be met. As noted
 above, the subpart CC container
 requirements state that transfer of
 hazardous waste to and from a regulated
 container shall be conducted in a  .
 manner which minimizes the waste's
 exposure to the atmosphere, considering
 practical factors. The EPA considers an
 unnecessary and open-air transfer of
 waste to or from a container, conducted
 in whole or in part, to avoid the subpart
 CC container (or tank) requirements, to
 not meet the obvious intent of the
 container transfer requirement (e.g., see
 264.1086(d)(2)). The EPA is aware of
waste transfer methods that would be
 more effective in minimizing exposure
 of the waste to the atmosphere—the
owner or operator is responsible for
conducting waste transfer in such a
manner as to minimize exposure of the
hazardous waste to the atmosphere.
Rather than leaving this issue open to
interpretation, the EPA will instruct
permit writers to invoke omnibus
authority under RCRA section
3005 (c) (3) to assure control of such
 transfers where necessary to protect
 human health and the environment.
  There are other aspects of the
 container standards that also require
 some further clarification; one point that
 needs some additional explanation is in
 regard to the Department of
 Transportation (DOT) compliance
 demonstration option for containers.
 The subpart CC container standards, as
 amended November 25,  1996, allow
 three options for compliance
 demonstration, one  of which is through
 compliance with certain applicable DOT
 regulations for packaging of hazardous
 materials for transportation.
 Commenters have stated that they
 consider the specification in subpart CC,
 as to which DOT packaging
 requirements qualify for that
 compliance option,  to have resulted in
 an overly stringent requirement.
 However, the EPA has clarified that
 demonstration of compliance through
 the use of certain DOT packagings is
 only one approach to demonstrating
 compliance with the container
 standards. The regulated industry has
 indicated to EPA that the vast majority
 of hazardous waste that is shipped in
 DOT transport packagings meets the
 requirements for container level 1
 standards. Thus, if a facility owner or
 operator is using a DOT packaging
 which is not among those specified
 under the subpart CC container
 standards, the facility owner or operator
 must conduct a visual inspection to
 determine that there are no visible
 openings, cracks, etc. in the container.
 See §265.1087(c)(l)(ii). The EPA
 considers the existing regulatory
 language to adequately convey this
 intent, and  is including this preamble
 discussion in response to commenters'
 requests.
  The container option to comply with
 applicable DOT packaging regulations,
 described at 40 CFR 265.1087(f) and
 264.1086(f), includes four requirements
 which must all be met to comply with
 the subpart CC compliance
 demonstration. The regulatory language
 of that paragraph clearly indicates (in
 fact, literally indicates) that compliance
 with all four of the subparagraphs at
 §265.1087(f)(l) through §265.1087(f)(4)
 is required, since the requirements are
 not presented as alternatives. The
 following paragraphs provide a detailed
 description of each of the four
 requirements found at §265.1087(f).
  The first requirement, found at 40
 CFR 265.1087(f)(l), specifies that the
container must meet the applicable
requirements specified in 40 CFR part
 178 or part  179. It is EPA's intent to
require that in order to comply with 40
CFR part 265.1087 (f), a container must


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          Federal Register / Vol. 62, No.  235 / Monday, December 8,  1997 / Rules and Regulations    64653
 be subject to 49 CFR part 178 or part
 179; it is also the EPA's intent to require
 that such a container be in compliance
 with all the requirements of 49 CFR
 parts 178 and 179 that are applicable.
 (Again, this is the direct and literal
 reading of the provision.) In developing
 the final rule, the EPA determined that
 containers subject to and in compliance
 with these requirements would achieve
 the appropriate level of air emission
 control; see the preamble discussion at
 Section IV.I.l, 61 FR 59947, November
 25, 1996. The Agency could not make
 that finding for containers not subject to
 these provisions. A container not
 subject to 49 CFR part 178 or  179 is thus
 not eligible to comply with the subpart
 CC rule through the requirements of 40
 CFR 265.1087 (c)(l)(i) or (d)(l)(i), nor
 the corresponding paragraphs in 40 CFR
 part 264; it would have to comply with
 the subpart CC rule through the
 requirements of 40 CFR 265.1087
 or the corresponding paragraphs in 40
 CFR part 264, as appropriate.
   The second requirement within 40
 CFR 265.1 087 (f) for DOT-compliant
 containers stipulates that the hazardous
 waste must be managed in the DOT
 container in accordance with all the
 requirements contained in 49 CFR part
 107 subpart B, part 172, part 173, and
 part 180 that are applicable to that
 container and the waste managed in that
 container. The EPA listed these
 regulatory parts because they were
 characterized by the industry and by
 DOT as the parts which describe the
 requirements for management of
 hazardous waste, for the types of
 containers that are specified in 49 CFR
 parts 178 and 179. The reference to 49
 CFR part 107. subpart B is included to
 recognize the exemptions for containers
 that have been determined by DOT to be
 equivalent or superior to those required
 within 49 CFR part 178 and 179
 standards.
  The third and fourth requirements,
 listed in 40 CFR 265.1087(f)(3) and (f)(4)
 and their corresponding paragraphs in
 40 CFR part 264, state that, "* *  * For
 the purpose of complying with this
 subpart, no exceptions to the 40 CFR
 part 178 and part 179 regulations are
 allowed except as provided for in
 paragraph (f)(4) of this section," and
 "For a lab pack that is managed in
 accordance with the requirements of 40
 CFR part 178 for the purpose of
 complying with this subpart, an owner
 or operator may comply with the
exceptions for combination packagings
specified in 40 CFR 173.12(b)." These
requirements indicate that the DOT-
authorized container must be in
compliance with all applicable
 requirements in 49 CFR parts 178 and
 179. Paragraph 265.1087(f)(3) of the-
 subpart CC rule specifically means that
 for the purposes of the subpart CC rule
 provisions, compliance with 49 CFR
 parts 178 and 179 is required, and no
 exceptions to those provisions are
 allowed (unless the container were a lab
 pack, as described in §265.1087(f)(4)).
 As with the earlier provisions discussed
 above,  this is the literal meaning of the
 provision. There are many exceptions,
 both explicit and implicit, to the 49 CFR
 part  178 and 179 standards which are
 contained in other sections of the DOT
 standards. The EPA's intent in 40 CFR
 265.1087(f)(3) is to disallow any
 regulatory provision which removes or
 alters a requirement contained in 49
 CFR  parts  178 or 179, regardless of
 where that disallowing regulatory
 provision is codified, or whether that
 provision is specifically described as an
 "exception." For instance, 49 CFR
 173.28(e) states that a non-reusable
 container may be reused for certain
 circumstances; however, the allowance
 of that paragraph would not be
 recognized for compliance with the
 subpart CC container standards at 40
 CFR 265.1087(f) or 40 CFR 264.1086(f).
 As another example, 49 CFR 173.204
 contains an implicit exception for
 certain  hazardous materials that states,
 "packaging need not conform to the
 requirements of part 178." However, if
 that packaging were used to manage a
 hazardous waste subject to the container
 regulations of the subpart CC rule, the
 effect of 40 CFR 265.1087(f)(3) would be
 to require that, for compliance with the
 subpart CC rule, such packaging must
 comply with the requirements of 49 CFR
 part 178. In this example, 40 CFR
 265.1087© and 264.1086(f) would
 disallow the exception to 49 part 178
 provided by 49 CFR 173.204. Thus, as
 a general matter, 40 CFR 265.1087(f) and
 264.1086(f) have the intended effect of
 requiring strict compliance with all
 applicable requirements of 49 CFR parts
 178 arid 179 (other than the exception
 for lab packs at 49 CFR 173.12(b)), for
 the purpose of the DOT compliance
 option within the subpart CC container
 standards. Strict compliance with these
 provisions is necessary to ensure that
 the emission reduction intended by the
 rule is achieved.
  Today's action also corrects two
 typographical errors in §264.1086. In
 §264.1086(c)(2), "*  * * Organic vapor
permeability, the effects of the contact
with the hazardous waste * * *" is
revised to read as follows,  "Organic
vapor permeability; the effects of the
contact with the hazardous waste
* * *"andin§264.1086(d)(2), "*  * *
  any one of the following: a submerged-
  fill pipe* * *" is revised to read as
  follows, "* *  * any one of the
  following: A submerged-fill pipe * * *"
   For containers required to use Level 2
  controls under the subpart CC
  standards, one option under the final
  rules requires that the hazardous waste
  be managed in a "container that
  operates with no detectable organic
  emissions." (See §§264.1086(d)(ii) and
  265.1087(d)(ii).) The test for conducting
  no detectable organic emissions for the
  purpose of complying with this
  requirement must be conducted in
  accordance with the procedures
  specified in Method 21 of 40 CFR part
  60,  appendix A. However, under
 subpart CC, there are no requirements
 for periodic Method 21 leak monitoring
 of containers. (See Section IV.I.3 of the
 preamble to the final rule, 61 FR 59948,
 November 25, 1996.) Any Method 21
 monitoring to determine if the
 containers operate with no detectable
 organic emissions is conducted at the
 owner's or operator's discretion. In
 order to clarify this point, the EPA has
 amended the language in paragraph (g)
 of the container standards.

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

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 64654   Federal Register / Vol. 62, No. 235  / Monday, December 8,  1997 / Rules and Regulations
 waste management operations (e.g.,
 subpart DD in 40 CFR part 63) and
 guidance regarding compliance with the
 95 percent control requirement has been
 published by the EPA, see EPA-450/3-
 89-021, Hazardous Waste TSDF—
 Technical Guidance Document for
 RCRA Air Emission Standards for
 Process Vents and Equipment Leaks, or
 EPA-450/3-91-007, Alternative Control
 Technology Document—Organic Waste
 Process Vents. The EPA has also
 published guidance regarding the
 control of low concentration organic
 vapor streams: see EPA-450/R-95-003,
 Survey of Control Technologies for Low
 concentration Organic Vapor Gas
 Streams.
   It has been suggested that the EPA
 include the use of an activated carbon
 adsorption control system as a specified
 technology and/or use of surrogate
 compounds to demonstrate compliance.
 Again, the EPA does not have an
 adequate technical basis to revise the
 control device requirements to include
 a carbon adsorption control equipment
 specification. Carbon adsorption
 systems require considerable
 constituent and other site-specific
 information for proper control device
 design, unlike combustion systems, for
 which organic control efficiency is less
 dependent on the particular organic
 constituent present in the gas stream.
 Therefore, the EPA has not included a
 carbon adsorption equipment
 specification in the rule as an
 alternative to the 95 percent organic
 removal efficiency demonstration.
   Commenters also have requested that
 the EPA amend the control device
 requirements of the rule to allow that
 the temperature sensor for condensers
 be placed in the coolant exhaust rather
 than in the exhaust vent stream from the
 condenser exit. The EPA selected this
 monitoring location because its was
judged that monitoring the exhaust gas
 provided a better and more direct
 characterization of the performance of
 the condenser. In addition, the
 standards for closed-vent systems and
 control devices in subpart AA (see
 § 264.1033(i)) allow that "an alternative
 operational or process parameter may be
 monitored if it can be demonstrated that
 another parameter will ensure that the
 control device is operated in
 conformance with these standards and
 the control devices's design
 specifications." This same allowance is
 not contained in the part 265 standards
 for interim status facilities because the
 rules do not have provisions for
 reporting and thus there is no direct
 mechanism for Agency review of the
 appropriateness of the alternative
parameter. The EPA did not seek to
 burden the owner or operator of interim
 status facilities with the additional
 reporting requirements associated with
 the technical demonstration of
 equivalent characterization of
 performance. For those facilities that are
 monitoring an alternative parameter,
 e.g., condenser coolant exhaust rather
 than the condenser vent stream exhaust,
 in compliance with  provisions of a
 Clean Air Act regulation such as the
 HON, the owner or operator of the unit
 may be able to comply with the RCRA
 air rules through one of the Clean Air
 Act applicability exemptions contained
 in the RCRA air rules at §§264.1030(d)
 and 265.1030(d)  of subpart AA and
 §§264.1080(b)(7) and 265.1080(b)(7)  of
 subpart CC. The EPA continues to
 believe that the monitoring
 requirements specified in the 40 CFR
 part 265 rules are reasonable, and the
 EPA does not consider it appropriate to
 allow alternative parameters to be
 monitored without a mechanism for
 Agency review of the alternative
 approach (e.g., a Clean Air Act or RCRA
 permit). Therefore, the EPA is not
 amending the rule in this regard.
  As previously noted in Section III.C of
 this preamble, the November 25, 1996,
 amendments to the subpart CC
 standards for control devices and closed
 vent systems (at § 265.1088(c) (2) (i)),
 added provisions to  allow up to 240
 hours per year for periods of planned
 routine maintenance of a control device,
 during which time the control device is
 not required to meet the performance
 requirements for emission reductions
 specified in the rule. The EPA has
 received comments that control devices
 such as boilers, industrial furnaces, and
 incinerators often require routine
 maintenance that takes longer than 10
 days per year. In connection with this,
 the commenters also requested that the
 EPA provide an extension to the repair
 period so long as the owner or operator
 documents the decision to use an
 extension by including certain material
 in the operating record. The EPA
 considers the emissions from hazardous
 waste to be a significant source of
 nationwide organic air emissions, and
 does not consider it appropriate to
 lengthen the time that a control device
 may be out of service for routine
 maintenance, while hazardous waste is
 being managed in the unit. As
 promulgated in December 1994, the
 subpart CC standards did not allow
 provisions for planned maintenance
time, because the modeled emission
reductions attributed to the
implementation of these standards were
based on control device operation at all
times that affected waste is managed in
 a unit requiring a control device. In the
 November 1996 amendments, the EPA
 revised the control device provisions in
 recognition that planned or routine
 maintenance of control devices, within
 reason, would limit the unplanned
 malfunctions. However, the EPA
 continues to consider that 240 hours per
 year is an appropriate maximum
 amount of time for hazardous waste to
 be managed in units without the
 required control device operating. Thus,
 the EPA is not amending this provision.
 Instances of control device down time
 beyond the allowed 240 hours for
 maintenance would be considered
 periods in which the facility is not in
 compliance with the control
 requirements of the rule.
  The EPA is today clarifying that the
 requirements for management of spent
 carbon, at §264.1088(c)(3)(ii)  and
 § 265.1089(c)(3)(ii) apply only to carbon
 that is a hazardous waste. This
 clarification has been made in both the
 February 9, 1996 technical amendments
 (see 61 FR at 4910) and the November
 25, 1996 final rule amendments (see 61
 FR at 59936). When amending the
 regulatory text at §264.1087(c)(3)(ii) and
 §265.1088(c)(3)(ii) in the November 25,
 1996 action, the EPA inadvertently
 omitted the phrases that state the
 requirement applies to carbon that is a
 hazardous waste, and the requirement
 applies regardless of the VO
 concentration .of the carbon. These
 statements had been included in the
 regulatory text prior to that November
 25 Federal Register document; today's
 amendment clarifies the EPA's intent by
 correcting that omission.
 /. Recordkeeping and Reporting
 Requirements
  In the November 25, 1996 final rule
 amendments (61 FR 59952 and 59971)
 to parts 264 and 265, the subpart CC
 applicability was amended-to exempt
 any hazardous waste management unit
 that the owner or operator certifies is
 equipped with and operating air
 emission controls in accordance_with an
 applicable Clean Air Act regulation
 codified under 40 CFR part 60, part 61,
 or part 63. Though the requirement for
 owner or operator certification was
 established at §264.1080(b)(7), the EPA
 inadvertently failed to add the
 associated recordkeeping requirement to
 the recordkeeping sections of subpart
 CC. In order to establish minimum
recordkeeping requirements for those
units that are exempted from the
subpart because the unit is in
compliance with control requirements
under a Clean Air Act regulation, the
subpart CC recordkeeping requirements
are being amended by today's action. A


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            Federal Register / Vol. 62. No.  235 / Monday. December 8, 1997 / Rules and Regulations .   64655
  new paragraph (j) is being added to
  § 264.1089 and §265.1090 that requires
  the owner or operator to record and
  maintain: (1) a certification that the
  waste management unit is equipped
  with and operating air emission controls
  in accordance with the requirements of
  an applicable Clean Air Act regulation
  codified in 40 CFR parts 60, 61, or 63;
  and (2) identification of the specific
  requirements with which the unit is in
  compliance.
    Adding these requirements also
  necessitated a change to paragraph (a) of
  §264.1089 and §265.1090 in order to
  include paragraph (j) in the list of
  information specified for recordkeeping
  under the subpart.
   In addition, today's action corrects
  typographical errors in §264.1089(a)
  and §265.1090(a). In the last sentence of
  §264.1089(a), "*  *  * air emission
  controls specifiedin§§264.1084
  through 264.1087 of this subpart in
  accordance with the conditions
  specified in §264.1084(d) of this
  subpart."  is revised to read as follows,
  "*  * * air emission controls specified
  in §§264.1084 through 264.1087 of this
  subpart in accordance with the
  conditions specified in §264.1080(d) or
  §264.1080(b)(7), respectively, of this
  subpart." Similarly, in the last sentence
  of§265.1090(a)7"*  * * air emission
  controls specified in §§ 264.1084
  through 264.1087 of this subpart in
  accordance with the conditions
 specified in §264.1084(d) of this
 subpart" is revised to read as follows,
  "* *  * air emission controls specified
 in §§265.1085 through 265.1088 of this
 subpart in accordance with the
 conditions specified  in §265.1080(d) or
 § 265.1080(b) (7), respectively, of this
 subpart."
   Also in the recordkeeping sections of
 subpart CC, paragraph (f) of §264.1089
 and §265.1090 are being amended to
 provide the full citation referenced in
 the paragraph; the references to
 § 264.1082(c)(2) and §265.1083(c)(2) are
 being expanded to state (c)(2).(i) through
 (c)(2)(vi)" in paragraph (f) to cover
 specifically each of the exemption
 options, for which a waste
 determination for a treated hazardous
 waste is required.
  In a further correction, paragraph
 (b)(l)(ii)(B) of §264.1089 and §265.1090
 is being amended to correct the sentence
 structure and eliminate the redundant
 phrase "the following information."
  reformat the list to be alphabetical,
  correct typographical errors in
  compound names (for example,
  dimethyl hydrazine (1,) is corrected to
  read 1,1-dimethyl hydrazine), and add
  CAS numbers that were not available in
  the November 25, 1996, final rule
  amendments.
    There has been some uncertainty
  among the regulated community with
  respect to whether or not cyanide (CN)
  is classified as an "organic" compound.
  For purposes of subpart CC, cyanide is
  listed in Appendix VI to Part 265 as one
  of the compounds with a Henry's Law
  Constant less than 0.1 Y/X and as such
  it is not necessary to quantify CN as a
  part of the volatile organic
  concentration determination.

  VI Administrative Requirements
  A. Docket

   Six RCRA dockets contain
  information pertaining to today's
  rulemaking: (1) RCRA docket number F-
  91-CESP-FFFFF, which contains copies
  of all BID references and other
  information related to the development
  of the rule up through proposal; (2)
  RCRA docket number F-92-CESA	
  FFFFF, which contains copies of the
  supplemental data made available for
  public comment prior to promulgation;
  (3) RCRA docket number F-94-CESF-
  FFFFF, which contains copies of all BID
  references and other information related
  to development of the final rule
 following proposal; (4) RCRA docket
 number F-94-CE2A-FFFFF, which
 contains information pertaining to waste
 stabilization operations performed in
 tanks; (5) RCRA docket number F-95-
 CE3A-FFFFF, which contains
 information about potential final rule
 revisions made available for public
 comment; and (6) RCRA docket number
 F-96-CE4A-FFFFF, which contains a
 copy of each of the comment letters
 submitted in regard to the revisions that
 the EPA was considering for the final
 subpart CC standards. The public may
 review all materials in these dockets at
 the EPA RCRA Docket Office.
J. Appendix VI to Part 265
  Appendix VI to part 265 is revised
and reprinted in total. The revisions
made by today's action correct printing
errors in the November 25, 1996, final
rule amendments (61  FR 59993),
  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. Ap'pointments can be
scheduled by calling the Docket Office
at (703) 603-9230. The mailing address
for the RCRA Docket Office is RCRA
Information Center (5305W), 401 M
Street SW, Washington, DC 20460. The
Docket Office is open from 9 a.m. to 4
   p.m., Monday through Friday, except for
   Federal holidays.

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

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

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64656  Federal Register / Vol. 62. No. 235 / Monday, December 8,  1997  /  Rules and Regulations
rule, provide more compliance
alternatives, make certain regulatory
provisions more lenient, and correct
structural problems with the drafting of
some sections. The OMB has evaluated
this action, and determined it to be non-
significant; thus it did not require their
review.
D. Regulatory Flexibility
  This rule is not subject to notice and
comment rulemaking requirements and
therefore is not subject to the Regulatory
Flexibility Act. However, for the reasons
discussed in the December 6,1994
Federal Register (59 FR 62923), this rule
does not have a significant impact on a
substantial number of small entities.
The changes to the rule do not add new
control requirements to the December
1994 rule. The amendments in fact
reduce the already-existing
requirements. Therefore, the
amendments are also not considered
significant.
  Under 5 U.S.C. 801 (a) (1) (A) as added
by the Small Business Regulatory
Enforcement Fairness Act of 1996, EPA
submitted a report containing this rule
and other required information to the
U.S. Senate, the U.S. House of
Representatives and the Comptroller
General of the General Accounting
Office prior to publication of the rule in
today's Federal Register. This rule is
not a "major rule" as defined by 5
U.S.C. 804(2) given that it amends the
rule published in 1994 to reduce the
extent of regulation.
E. Unfunded Mandates Act
   Under section 202 of the Unfunded
Mandates Reform Act of 1995
("Unfunded Mandates Act"), the EPA
must prepare a budgetary impact
statement to accompany any proposed
or final rule that includes a Federal
mandate that may result in estimated
costs to State, local, or tribal
governments in the aggregate, or to the
private sector, of $100 million or more.
Under section 205, the EPA must select
the most cost-effective and least
burdensome alternative that achieves
the objectives of the rule and is
consistent with statutory requirements.
Section 203 requires the EPA to
establish a plan for informing and
advising any small governments that
may be significantly or uniquely
impacted by the rule.
   The EPA has determined that the
action promulgated today does not
include a Federal mandate that may
result in estimated costs of $100 million
or more to  either State, local, or tribal
governments in the aggregate or to the
private sector. Therefore, the
requirements of the Unfunded Mandates
Act do not apply to this action.

F. Immediate Effective Date

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

VH. Legal Authority

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

40 CFR Parts 264 and 265

  Environmental protection, Air
pollution control, Container, Control
device, Hazardous waste. Inspection,
Monitoring. Reporting and
recordkeeping requirements. Surface
impoundment. Tank, TSDF, Waste
determination.
40 CFR Part 270

  Environmental protection.
Administrative practice and procedure.
Air pollution. Confidential business
information, Hazardous waste. Permit
modification. Reporting and
recordkeeping requirements.
  Dated: November 28, 1997.
Richard D. Wilson,
Acting Asssistant Administrator for Air and
Radiation.

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

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

  1. The authority citation  for part 264
continues to read as follows:
  Authority: 42 U.S.C. 6905, 6912(a), 6924
and 6925.

Subpart B—General Facility Standards

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

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

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

§264.73 Operating record.
*****
  (b) * * *
  (6) Monitoring, testing or analytical
data, and corrective action where
required by subpart F of this part and
§§264.19, 264.191, 264.193, 264.195,
264.222, 264.223, 264.226, 264.252—
264.254, 264.276, 264.278, 264.280,
264.302—264.304, 264.309, 264.347,
264.602, 264.1034(c)—264.1034(f),
264.1035, 264.1063(d)—264.1063(i),
264.1064, and 264.1082 through
264.1090 of this part.
Subpart AA—Air Emission Standards
for Process Vents
  4. Section 264.1030 is amended by
revising paragraphs (b)(3) and (c),
leaving the "NOTE" at the end of
paragraph (c), and adding paragraph (e),
to read as:
§264.1030 Applicability.
*****
  (b) * * *
  (3) A unit that is exempt from
permitting under the provisions of 40

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            Federal Register / Vol. 62, No. 235 / Monday. December 8. 1997 / Rules and Regulations   64657
   CFR 262.34(a) (i.e., a "90-day" tank or
   container) and is not a recycling unit
   under the provisions of 40 CFR 261.6.
     (c) For the owner and operator of a
   facility subject to this subpart and who
   received a final permit under RCRA
   section 3005 prior to December 6, 1996,
   the requirements of this subpart shall be
   incorporated into the permit when the
   permit is reissued in accordance with
   the requirements of 40 CFR 124.15 or
   reviewed in accordance with the
   requirements of 40 CFR 270.50(d). Until
   such date when the owner and operator
  receives a final permit incorporating  the
  requirements of this subpart, the owner
  and operator is subject to the
  requirements of 40 CFR 265, subpart
  AA.
    (e) The requirements of this subpart
  do not apply to the process vents at a
  facility where the facility owner or
  operator certifies that all of the process
  vents that would otherwise be subject to
  this subpart are equipped with and
  operating air emission controls in
  accordance with the process vent
  requirements of an applicable Clean Air
  Act regulation codified under 40 CFR
  part 60, part 61, or part 63. The
  documentation of compliance under
  regulations at 40 CFR part 60, part 61,
  or part 63 shall be kept with, or made
  readily available with, the facility
  operating record.
  *****
   5. Section 264.1031 is amended by
 revising the definition of "In light liquid
 service" to read as follows:

 §264.1031   Definitions.
 *****
   In light liquid service means that the
 piece of equipment contains or contacts
 a waste stream where the vapor pressure
 of one or more of the organic
 components in the stream is greater than
 0.3 kilopascals (kPa) at 20°C, the total
 concentration of the pure organic
 components having a vapor pressure
 greater than 0.3 kilopascals (kPa) at 20>C
 is equal to or greater than 20 percent by
 weight, and the fluid is a liquid at
 operating conditions.
 ****'*
  6. Section 264.1033 is amended by
 revising paragraph (a) (2) to read as
 follows:

 §264.1033  Standards: Closed-vent
 systems and control devices.
  (a) * * *
  (2) (i) The owner or operator of an
 existing facility who cannot installa
 closed-vent system and control device
 to comply with the provisions of this
subpart on the effective date that the
facility becomes subject to the
   provisions of this subpart must prepare
   an implementation schedule that
   includes dates by which the closed-vent
   system and control device will be
   installed and in operation. The controls
   must be installed as soon as possible,
   but the implementation schedule may
   allow up to 30 months after the effective
   date that the facility becomes subject to
   this subpart for installation and startup.
     (ii) Any unit that begins operation
   after December 21,1990, and is subject
   to the provisions of this subpart when
   operation begins, must comply with the
   rules immediately (i.e., must have
   control devices installed and operating
   on startup of the affected unit); the 30-
  month implementation schedule does
  not apply.
    (iii) The owner or operator of any
  facility in existence on the effective date
  of a statutory or EPA regulatory
  amendment that renders the facility
  subject to this subpart shall comply
  with all requirements of this subpart as
  soon as practicable but no later than 30
  months after the amendment's effective
  date. When control equipment required
  by this subpart can not be installed and
  begin operation by the effective date of
  the amendment, the facility owner or
  operator shall prepare an
  implementation schedule that includes
  the following information: Specific
  calendar dates for award of contracts or
  issuance of purchase orders for the
  control equipment, initiation of on-site
  installation of the control equipment,
  completion of the control equipment
  installation, and performance of any
 testing to demonstrate that the installed
 equipment meets the applicable
 standards of this subpart.  The owner or
 operator shall enter the implementation
 schedule in the operating record or in a
 permanent, readily available file located
 at the facility.
   (iv) Owners and operators of facilities
 and units that become newly subject to
 the requirements of this subpart after
 December 8, 1997, due to an action
 other than those described in paragraph
 (a) (2) (iii) of this section must comply
 with all applicable requirements
 immediately (i.e., must have control
 devices installed and operating on the
 date the facility or unit becomes subject
 to this subpart; the 30-month
 implementation schedule does not
 apply).
   §264.1050  Applicability.
   *****
     (b) * * *
     (3) A unit that is exempt from
   permitting under the provisions of 40
   CFR 262.34(a) (i.e., a "90-day" tank or
   container) and is not a recycling unit
 —under the provisions of 40 CFR 261.6.
     (c) For the owner or operator of a
   facility subject to this subpart and who
   received a final permit under RCRA
   section 3005 prior to December 6, 1996,
   the requirements of this subpart shall be
   incorporated into the permit when the
   permit is reissued in accordance with
   the requirements of 40 CFR 124.15 or
   reviewed in accordance with the
  requirements of 40 CFR 270.50(d). Until
  such date when the owner or operator
  receives a final permit incorporating the
  requirements of this subpart, the owner
  or operator is subject to the
  requirements of 40 CFR part 265,
  subpart BB.
  *****
    (f) Equipment that contains or
  contacts hazardous waste with an
  organic concentration of at least 10
  percent by weight for less than 300
  hours per calendar year is excluded
  from the requirements of §§264.1052
  through 264.1060 of this subpart if it is
  identified, as required in
  §264,1064(g)(6) of this subpart.
  *****
   8. Section 264.1060 is revised to read
  as follows:
Subpart BB—Air Emission Standards
for Equipment Leaks

  7. Section 264.1050 is amended by
revising paragraphs (b)(3), (c) and (f) to
read as follows:
 §264.1060  Standards: Closed-vent
 systems and control devices.
   (a) Owners and operators of closed-
 vent systems and control devices subject
 to this subpart shall comply with the
 provisions of §264.1033 of this part.
   (b) (1) The owner or operator of an
 existing facility who cannot install a
 closed-vent system and control device
 to comply with the provisions of this
 subpart on the effective date that the
 facility becomes subject to the
 provisions of this subpart must prepare
 an implementation schedule that
 includes dates by which the closed-vent
 system and control device will be
 installed and in operation. The controls
 must be installed as soon as possible,
 but the implementation schedule may
 allow up to 30 months after the effective
 date that the facility becomes subject to
 this subpart for installation and startup.
   (2) Any unit that begins operation
 after December 21, 1990, and is subject
 to the provisions of this subpart when
 operation begins,  must comply with the
 rules immediately (i.e.,  must have
 control devices installed and operating
 on startup of the affected unit); the 30-
 month implementation schedule does
not apply.

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64658   Federal Register / Vol. 62, No. 235  / Monday, December 8, 1997  / Rules and Regulations
  (3) The owner or operator of any
facility in existence on the effective date
of a statutory or EPA regulatory
amendment that renders the facility
subject to this subpart shall comply
with all requirements of this subpart as
soon as practicable but no later than 30
months after the amendment's effective
date. When control equipment required
by this subpart can not be installed and
begin operation by the effective date of
the amendment, the facility owner or
operator shall prepare an
implementation schedule that includes
the following information: Specific
calendar dates for award or contracts or
issuance of purchase orders for the
control equipment, initiation of on-site
installation of the control equipment,
completion of the control equipment
installation, and performance of any
testing to demonstrate that the installed
equipment meets the applicable
standards of this subpart. The owner or
operator shall enter the implementation
schedule in the operating record or in a
permanent, readily available file located
at the facility.
  (4) Owners and operators of facilities
and units that become newly subject to
the requirements of this subpart after
December 8,1997, due to an action
other than those described in paragraph
(b)(3) of this section must comply with
all applicable requirements immediately
(i.e., must have control  devices installed
and operating on the date the facility or
unit becomes subject to this subpart; the
30-month implementation schedule
does not apply).
  9. Section 264.1062 is amended by
revising paragraphs (b)(2) and (b)(3) to
read as follows:
§ 264.1062 Alternative standards for
valves In gas/vapor service or in light liquid
service: skip period leak detection and
repair.
*****

  0>)*  *  *
  (2) After two consecutive quarterly
leak detection periods with the
percentage of valves leaking equal to or
less than 2 percent, an owner or
operator may begin to skip one of the
quarterly leak detection periods (i.e.,
monitor for leaks once every six
months) for the valves subject to the
requirements in §264.1057 of this
subpart.
  (3) After five consecutive quarterly
leak detection periods with the
percentage of valves leaking equal to or
less than 2 percent, an owner or
operator may begin to skip three of the
quarterly leak detection periods (i.e.,
monitor for leaks  once every year) for
the valves subject to the requirements in
§ 264.1057 of this subpart.
*****
  10. Section 264.1064 is amended by
revising paragraphs (g)(6) and (m) to
read as follows:

§264.1064 Recordkeeping requirements.
*****

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

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

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

§264.1080 Applicability.
*****
  (b)* *  *
  (1) A waste management unit that
holds hazardous waste placed in the
unit before December 6, 1996, and in
which no hazardous waste is added to
the unit on or after December 6, 1996.
*****
  (c) For the owner and operator of a
facility subject to this subpart who
received a final permit under RCRA
section 3005 prior to December 6,  1996,
the requirements of this subpart shall be
incorporated into the permit when the
permit is reissued in accordance with
the requirements of 40 CFR 124.15 of
this chapter or reviewed in accordance
with the requirements of 40 CFR
270.50(d) of this chapter. Until such
date when the permit is reissued in
accordance with the requirements of 40
CFR 124.15 or reviewed in accordance
with the requirements of 40 CFR
270.50(d), the owner and operator is
subject to the requirements of 40 CFR
part 265, subpart CC.
*****
  12. Section 264.1082 is amended by
revising paragraphs (b),  (c)(2)(ix)(A),
(c)(2)(ix)(B), (c)(3) and (c)(4)(ii) to read
as follows:

§264.1082  Standards: General.
*****
  (b) The owner or operator shall
control air pollutant emissions from
each hazardous waste management unit
in accordance with standards specified
in §§264.1084 through 264.1087 of this
subpart, as applicable to the hazardous
waste management unit, except as
provided for in paragraph (c) of this
section.
  (c) * * *
  (2\ * * *
  (ix) *  *  *
  (A) If Method 25D in 40 CFR part 60,
appendix A is used for the analysis,
one-half the blank value determined in
the method at section 4.4 of Method 25D
in 40 CFR part 60, appendix A, or a
value of 25 ppmw, whichever is less.
  (B) If any other analytical method is
used, one-half the sum of the limits of
detection established for each organic
constituent in the waste that has a
Henry's law constant  value at least 0.1
mole-fraction-in-the-gas-phase/mole-
fraction-in-the-liquid-phase (0.1 Y/X)
[which can also be expressed as 1.8 x
10 ~6 atmospheres/gram-mole/m3] at 25
degrees Celsius.
  (3) A tank or surface impoundment
used for biological treatment of
hazardous waste in accordance with the
requirements of paragraph (c)(2)(iv) of
this section.
  (4) * * *
  (ii) The organic hazardous
constituents in the waste have been
treated by the treatment technology
established by the EPA for the waste in
40 CFR 268.42(a), or have been removed
or destroyed by an equivalent method of
treatment approved by EPA pursuant to
40CFR268.42(b).
*****
  13. Section 264.1083  is amended by
revising paragraphs (a) (2) and (b)(l) to
read as follows:

§ 264.1083  Waste determination
procedures.
  (a) * * *
  (2) For a waste determination that is
required by paragraph (a)(l) of this
section, the average VO concentration of
a hazardous waste at  the point of waste
origination shall be determined in
accordance with the procedures
specified in 40 CFR 265.1084(a)(2)
through (a)(4).
  (b) * * *                       '

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            federal Register / Vol. 62, No. 235 / Monday,  December 8,  1997  / Rules and Regulations   64659
    (1) An owner or operator shall
  perform the applicable waste
  determinations for each treated
  hazardous waste placed in waste
  management units exempted under the
  provisions of §264.1082(c)(2)(i) through
  (c) (2) (vi) of this subpart from using air
  emission controls in accordance with
  standards specified in §§ 264.1084
  through 264.1087 of this subpart, as
  applicable to the waste management
  unit.
  *****
    14. Section 264.1084 is amended by
  revising paragraph (c) (2) (iii)
  introductory text and paragraph
  (c)(2)(iii)(B), adding paragraph (e) (4),
  revising paragraph (f) (3) (i) (D) (4)  and
  paragraph (f)(3)(iii) itroductory text,
  adding paragraph (f)(4), and adding
  paragraph (j)(2)(iii) to read as follows:

  §264.1084  Standards: Tanks.
  *****
    (c) * * *
    (2)*
    (iii) Each opening in the fixed  roof,
  and  any manifold system associated
  with the fixed roof, shall be either:
  *    *     *    *    *     .
    (B) Connected by a closed-vent system
  that  is vented to a control device. The
  control device shall remove or destroy
  organics  in the vent stream, and shall be
  operating whenever hazardous waste is
 managed in the tank, except as provided
 for in paragraphs (c) (2) (iii) (B) (7)  and (2)
 of this section.
   (1) During periods when it is
 necessary to provide access to the tank
 for performing the activities of
 paragraph (c)(2)(iii)(B)(2) of this section,
 venting of the vapor headspace
 underneath the fixed roof to the control
 device is  not required, opening of
 closure devices is allowed, and removal
 of the fixed roof is allowed. Following
 completion of the activity, the owner or
 operator shall promptly secure the
 closure device in the closed position or
 reinstall the cover, as applicable,  and
 resume operation of the control device.
  (2)  During periods of routine
 inspection, maintenance, or other
 activities needed for normal operations,
 and for removal of accumulated sludge
 or other residues from the bottom of the
tank.
*****          ,
  (e) * *  *
  (4) Safety devices, as defined in 40
CFR 265.1081, may be installed and
operated as necessary on any tank
complying with the requirements of
paragraph (e) of this section.
  (f) *  *  *
  (3) * *  *
  (i) *  *  *
     (D) * *  * .
     (4) The total gap area shall be
   calculated by adding the gap surface
   areas determined for each identified gap
   location for the primary seal and the
   secondary seal individually, and then
   dividing the sum for each seal type by
   the nominal diameter of the tank. These
   total gap areas for the primary seal and
   secondary seal are then compared to the
   respective standards for the seal type as
   specified in paragraph (f)(l)(ii) of this
   section.
   *****
    (iii) Prior to each inspection required
  by paragraph (f)(3)(i) or (f)(3)(ii) of this
  section, the owner or operator shall
  notify the Regional Administrator in
  advance of each inspection to provide
  the Regional Administrator with the
  opportunity to have an observer present
  during the inspection. The owner or
  operator shall notify the Regional
  Administrator of the date and location
  of the inspection as follows:
  *****
    (4) Safety devices, as defined in 40
  CFR 265.1081, may be installed and
  operated as necessary on any tank
  complying with the requirements of
  paragraph  (f) of this section.
  *****
    0)* * *
    (2) *  * *
    (iii) The  hazardous waste meets the
 requirements of §264.1082(c)(4) of this
 subpart.
 *   *     *    *     *
    15. Section 264.1085 is amended by
 revising paragraphs (b)(2), (d).(l)(iii),
 and (d)(2)(i)(B) and adding paragraph
 (e) (2) (iii) to read as follows:

 §264.1085  Standards: Surface
 impoundments.
   (b) * * *
   (2) A cover that is vented through a
 closed-vent system to a control device
 in accordance with the provisions
 specified in paragraph (d) of this
 section.
   (d)
   (1)
   (iii) The cover and its closure devices
shall be made of suitable materials that
will minimize exposure of the
hazardous waste to the atmosphere, to
the extent practical, and will maintain
the integrity of the cover and closure
devices throughout their intended
service life. Factors to be considered
when selecting the materials of
construction and designing the cover
and closure devices shall include:
Organic vapor permeability; the effects
of any contact with the liquid or its
   vapors managed in the surface
   impoundment; the effects of outdoor
   exposure to wind, moisture, and
   sunlight; and the operating practices
   used for the surface impoundment on
   which the cover is installed.
   *****
     (2) *  * *
     (i) * *  *
     (B) To remove accumulated sludge or
   other residues from the bottom of the
   surface impoundment.
   *****
     (e) * *  *
     (2) * *  *
     (iii) The hazardous waste meets the
  requirements of §264.1082(c)(4) of this
  subpart.
  *    *    *     *    *
     16. Section 264.1086 is amended by
  revising paragraphs (c)(2), (c)(4)(i),
  (d)(2), (d)(4)(i), and paragraph (g)
  introductory text to read as follows:

  §264.1086  Standards: Containers.
  *    *     *     *,    *  ,
    (c) *  * *
    (2) A container used to meet the
  requirements of paragraph (c) (1) (ii) or
  (c)(l)(iii) of this section shall be
  equipped with covers and closure
  devices, as applicable to the container,
  that are composed of suitable materials
  to minimize exposure of the hazardous
  waste to the atmosphere and to maintain
  the equipment integrity, for as long as
  the container is in service. Factors to be
  considered in selecting the materials of
  construction and designing the cover
  and closure devices shall include:
  Organic vapor permeability; the effects
  of contact with the hazardous waste or
 its vapor managed in the container; the
 effects of outdoor exposure of the
 closure device or cover material to
 wind, moisture, and sunlight; and the
 operating practices for which the
 container is intended to be used.
   (4)* * *
   (i) In the case when a hazardous waste
 already is in the container at the time
 the owner or operator first accepts
 possession of the container at the
 facility and the container is not emptied
 within 24 hours after the container is
 accepted at the facility (i.e., does not
 meet the conditions for an empty
 container as specified in 40 CFR
 261.7(b)), the owner or operator shall
 visually inspect the container and its
 cover and closure devices to check for
 visible cracks, holes, gaps, or other open
 spaces into the interior of the container
when the cover and closure devices are
secured in the closed position. The
container visual inspection shall be
conducted on or before the date that the

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64660   Federal Register  /  Vol.  62,  No. 235  / Monday, December 8. 1997 / Rules  and Regulations
container is accepted at the facility (i.e.,
the date the container becomes subject
to the subpart CC container standards).
For purposes of this requirement, the
date of acceptance is the date of
signature that the facility owner or
operator enters on Item 20 of the
Uniform Hazardous Waste Manifest in
the appendix to 40 CFR part  262 (EPA
Forms 8700-22 and 8700-22 A), as
required under subpart E of this part, at
40 CFR 264.71. If a defect is detected,
the owner or operator shall repair the
defect in accordance with the
requirements of paragraph (c)(4)(iii) of
this section.
*****
  (d) * * *
  (2) Transfer of hazardous waste in or
out of a container using Container Level
2 controls shall be conducted in such a
manner as to minimize exposure  of the
hazardous waste to the atmosphere, to
the extent practical, considering the
physical properties of the hazardous
waste and good engineering  and safety
practices for handling flammable,
ignitable, explosive, reactive, or other
hazardous materials. Examples of
container loading procedures that the
EPA considers to meet the requirements
of this paragraph include using any one
of the following: A submerged-fill pipe
or other submerged-fill method to load
liquids into the container; a vapor-
balancing system or a vapor-recovery
system to collect and control the  vapors
displaced from the container during
filling operations; or a fitted  opening in
the top of a container through which the
hazardous waste is filled and
subsequently purging the transfer line
before removing it from the container
opening.
*****
   (4) *  * *
   (J) In the case when a hazardous waste
already is in the container at the time
the owner or operator first accepts
possession of the container at the
facility and the container is not emptied
within 24 hours after the container is
accepted at the facility (i.e.,  does not
meet the conditions for an empty
container as specified in 40 CFR
261.7(b)), the owner or operator shall
visually inspect the container and its
cover and closure devices to check for
visible cracks, holes, gaps, or other open
spaces into the interior of the container
when the cover and closure  devices are
secured  in the closed position. The
container visual inspection shall be
conducted on or before the date that the
container is accepted at the facility (i.e.,
the date the container becomes subject
to the subpart CC container standards).
For purposes of this requirement, the
date of acceptance is the date of
signature that the facility owner or
operator enters on Item 20 of the
Uniform Hazardous Waste Manifest in
the appendix to 40 CFR part 262 (EPA
Forms 8700-22 and 8700-22A), as
required under subpart E of this part, at
40 CFR 264.71. If a defect is detected,
the owner or operator shall repair the
defect in accordance with the
requirements of paragraph (d)(4)(iii) of
this section.
*****
  (g) To determine compliance with the
no detectable organic emissions
requirement of paragraph (d)(l)(ii) of
this section, the procedure specified in
§ 264.1083 (d) of this subpart shall be
used.
*****
  17. Section 264.1087 is amended by
revising paragraphs (c)(3)(ii) and (c)(7)
to read as follows:

§264.1087  Standards: Closed-vent
systems and control devices.
*  .  *    *    *    *
  (c) * * *
  (3) * *  *
  (ii) All carbon that is a hazardous
waste and that is removed from the
control device shall be managed in
accordance with the requirements of 40
CFR 264.1033(n), regardless of the
average volatile organic concentration of
the carbon.
*****      »
  (7) The closed-vent system and
control device shall be inspected and
monitored by the owner or operator in
accordance with the procedures
specified in 40 CFR 264.1033(f)(2) and
40 CFR 264.1033(1). The readings from
each monitoring device required by 40
CFR 264.1033(1)(2) shall be inspected at
least once each operating day to check
control device operation. Any necessary
corrective measures shall be
immediately implemented to ensure the
control device is operated in
compliance with the requirements of
this section.
  18. Section 264.1089 is amended by
revising paragraphs (a), (b)(l)(ii)(B), and
(f) (1) and adding paragraph 0) to read as
follows:

§264.1089  Recordkeeping requirements.
  (a) Each owner or operator of a facility
subject to requirements of this subpart
shall record and maintain the
information specified in paragraphs (b)
through (j) of this section, as applicable
to the facility. Except for air emission
control equipment design
documentation and information
required by paragraphs (i) and (j) of this
section, records required by this section
shall be maintained in the operating
record for a minimum of 3 years. Air
emission control equipment design
documentation shall be maintained in
the operating record until the air
emission control equipment is replaced
or otherwise no longer in service.
Information required by paragraphs (i)
and (j) of this section shall be
maintained in the operating record for
as long as the waste management unit is
not using air emission controls specified
in §§264.1084 through 264.1087 of this
subpart in accordance with the
conditions specified in §264.1080(d) or
§264.1080(b)(7) of this subpart,
respectively.
  (b) * * *
  (1) * * *
  (ii) * *  *
  (B) For each defect detected during
the inspection: The location of the
defect, a description of the defect,  the
date of detection, and corrective action
taken to repair the defect. In the event
that repair of the defect is delayed in
accordance with the requirements of
§ 264.1084 of this subpart, the owner or
operator shall also record the reason for
the delay and the date that completion
of repair of the defect is expected.
*****
   (fj* *  *
   (1) For tanks, surface impoundments,
and containers exempted under the
hazardous waste organic concentration
conditions specified in §264.1082(c)(l)
or §§264.1082(c)(2)(i) through (c)(2)(vi)
of this subpart, the owner or operator
shall record the information used for
each waste determination (e.g., test
results, measurements, calculations, and
other documentation) in the facility
operating log. If analysis results for
waste samples are used for the waste
determination, then the owner or
operator shall record the date, time, and
location that each waste sample is
collected in accordance with applicable
requirements of § 264.1083 of this
subpart.
*****
   (j) For each hazardous waste
management unit not using air emission
controls specified in §§264.1084
through 264.1087 of this subpart in
accordance with the requirements of
§264.1080(b)(7) of this subpart, the
owner and operator shall record and
maintain the following information:
   (1) Certification that the waste
management unit is equipped with and
operating air emission controls in
accordance with the requirements of an
applicable Clean Air Act regulation
codified under 40 CFR part 60, part 61,
or part 63.
   (2) Identification of the specific
requirements codified under 40 CFR

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            Federal Register / Vol. 62, No.  235 / Monday, December 8,  1997 / Rules and Regulations   64661
  part 60, part 61, or part 63 with which
  the waste management unit is in
  compliance.

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

    19. The authority citation for part 265
  continues to read as follows:
   Authority: 42 U.S.C. 6905, 6912(a), 6924,
  6925, and 6935.

  Subpart B—General Facility Standards

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

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

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

 §265.73  Operating record.
 *    *    *    *    *
   (b) *  *  *
   (6) Monitoring, testing or analytical
 data, and corrective action where
 required by subpart F of this part and by
 §§265.19, 265.90, 265.94, 265.191,
 265.193, 265.195, 265.222, 265.223,
 265.226, 265.255, 265.259, 265.260,
 265.276, 265.278, 265.280(d)(l), 265.302
through 265.304. 265.347, 265.377,
265.1034(c) through 265.1034(f),
265.1035, 265.1063(d) through
265.1063(i), 265.1064, and 265.1083
through 265.1090 of this part.
  Subpart AA—Air Emission Standards
  for Process Vents

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

  §265.1030  Applicability.
  *    *  '  *    *    #
    (b) * * *
    (3) A unit that is exempt from
  permitting under the provisions of 40
  CFR 262.34(a) (i.e., a "90-day" tank or
  container) and is not a recycling unit
  under the requirements of 40 CFR 261.6.
    (d) The requirements of this subpart
  do not apply to the process vents at a
  facility where the facility owner or
  operator certifies that all of the process
  vents that would otherwise be subject to
  this subpart are equipped with and
  operating air emission controls in
  accordance with the process vent
  requirements of an applicable Clean Air
  Act regulation codified under 40 CFR
  part 60, part 61, or part 63. The
  documentation of compliance under
  regulations at 40 CFR part 60, part 61,
  or part 63 shall be kept with, or made
  readily available with, the facility
  operating record.
   23. Section 265.1033 is amended by
  revising paragraphs (a) (2) and
  (fj (2) (vi)(B) to read as follows:
 §265.1033 Standards: Closed-vent
 systems and control devices.
   (a)* * *
   (2)(i) The owner or operator of an
 existing facility who cannot install a
 closed-vent system and control device
 to comply with the provisions of this
 subpart on the effective date that the
 facility becomes subject to the
 requirements of this subpart must
 prepare an implementation schedule
 that includes dates by which the closed-
 vent system and control device will be
 installed and in operation. The controls
 must be installed as soon as possible,
 but the implementation schedule may
 allow up to 30 months after the effective
 date that the facility becomes subject to
 this subpart for installation and startup.
   (ii) Any unit that begins operation
 after December 21, 1990, and is subject
 to the requirements of this subpart when
 operation begins, must comply with the
 rules immediately (i.e., must have
 control devices installed and operating
 on startup of the affected unit); the 30-
 month implementation schedule does
 not apply.
  (iii) The owner or operator of any
facility in existence on the effective date
of a statutory or EPA regulatory
amendment that renders the facility
   subject to this subpart shall comply
   with all requirements of this subpart as
   soon as practicable but no later than 30
   months after the amendment's effective
   date. When control equipment required
   by this subpart can not be installed and
   begin operation by the effective date of
   the amendment, the facility owner or
   operator shall prepare an
   implementation schedule that includes
  the following information: Specific
  calendar dates for award of contracts or
  issuance of purchase orders for the
  control equipment, initiation of on-site
  installation of the control equipment,
  completion of the control equipment
  installation, and performance of any
  testing to demonstrate that the installed
  equipment meets the applicable
  standards of this subpart. The owner or
  operator shall enter the implementation
  schedule in the operating record or in a
  permanent, readily available file located
  at the facility.
    (iv) Owners and operators of facilities
  and units that become newly subject to
  the requirements of this subpart after
  December 8, 1997, due to an action
  other than those described in paragraph
  (a) (2) (iii) of this section must comply
  with all applicable requirements
  immediately (i.e., must have control
  devices installed and operating on the
  date the facility or unit becomes subject
  to this subpart; the 30-month
  implementation schedule does not
  apply):
  *    *    *    *    *
   (f) * *  *
   (2).* * *
   (vi) *  *  *
   (B) A temperature monitoring device
 equipped with a continuous recorder.
 The device shall be capable of
 monitoring temperature with an
 accuracy of ±1 percent of the
 temperature being monitored in degrees
 Celsius (°C)  or ±0.5 °C, whichever is
 greater. The temperature sensor shall be
 installed at a location in the exhaust
 vent stream from the condenser exit
 (i.e., product side).
 *    *   *    *    *

 Subpart BB—Air Emission Standards
 for Equipment Leaks

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

 §265.1050  Applicability.
 ******
  (b)
  (3) A unit that is exempt from
permitting under the provisions of 40
CFR 262.34(a) (i.e., a "90-day" tank or

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64662  Federal Register / Vol.  62. No. 235  /  Monday, December 8. 1997  / Rules and Regulations
container) and is not a recycling unit
under the provisions of 40 CFR 261.6.
*    *    *    *    *
  (e) Equipment that contains or
contacts hazardous waste with an
organic concentration of at least 10
percent by weight for less than 300
hours per calendar year is excluded
from the requirements of §§265.1052
through 265.1060 of this subpart if it is
identified, as required in
§ 265.1064 (g) (6) of this subpart.
*****
  25. Section 265.1060 is revised to read
as follows:
§265.1060 Standards: Closed-vent
systems and control devices.
  (a) Owners and operators of closed-
vent systems and control devices subject
to this subpart shall comply with the
provisions of § 265.1033 of this part.
  (b)(l) The owner or operator of an
existing facility who can not install a
closed-vent system and control device
to comply with the provisions of this
subpart on the effective date that the
facility becomes subject to the
provisions of this subpart must prepare
an implementation schedule that
includes dates by which the closed-vent
system and control device will be
installed and in operation. The controls
must be installed as soon as possible,
but the implementation schedule may
allow up to 30 months after the effective
date that the facility becomes subject to
this subpart for installation and startup.
  (2) Any units that begin operation
after December 21, 1990, and are subject
to the provisions of this subpart when
operation begins, must comply with the
rules immediately (i.e., must have
control devices installed and operating
on startup of the affected unit); the 30-
month implementation schedule does
not apply.
  (3) The owner or operator of any
facility in existence on the effective date
of a statutory or EPA regulatory
amendment that renders the facility
subject to this subpart shall comply
with all requirements of this subpart as
soon as practicable but no later than 30
months after the amendment's effective
date. When control equipment required
by this subpart can not be installed and
begin operation by the effective date of
the amendment, the facility owner or
operator shall prepare an
implementation schedule that includes
the following information: Specific
calendar dates for award of contracts or
issuance of purchase orders for the
control equipment, initiation of on-site
 installation of the control equipment,
 completion of the control equipment
 installation, and performance of any
 testing to demonstrate that the installed
equipment meets the applicable
standards of this subpart. The owner or
operator shall enter the implementation
schedule in the operating record or in a
permanent, readily available file located
at the facility.
  (4) Owners and operators of facilities
and units that become newly subject to
the requirements of this subpart after
December 8, 1997 due to an action other
than those described in paragraph (b) (3)
of this section must comply with all
applicable requirements immediately
(i.e., must have control devices installed
and operating on the date the facility or
unit becomes subject to this subpart; the
30-month implementation  schedule
does not apply).
  26. Section 265.1062 is amended by
revising paragraphs  (b)(2) and (b)(3) to
read as follows:

§ 265.1062 Alternative standards 1or
valves in gas/vapor service or in light liquid
service: skip period leak detection and
repair.
  (b)
     * *  *
  (2) After two "consecutive quarterly
leak detection periods with the
percentage of valves leaking equal to or
less than 2 percent, an owner or
operator may begin to skip one of the
quarterly leak detection periods (i.e.,
monitor for leaks once every six
months) for the valves subject to the
requirements in §265.1057 of this
subpart.
  (3) After five consecutive quarterly
leak detection periods with the
percentage of valves leaking equal to or
less than 2 percent, an owner or
operator may begin to skip three of the
quarterly leak detection periods (i.e.,
monitor for leaks once every year) for
the valves subject to the requirements in
§265.1057 of this subpart.
*****
  27. Section 265.1064 is amended by
revising paragraphs (g)(6) and (m) to
read as follows:

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

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

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

§265.1080  Applicability.
*****
  (b) *  * *
  (1) A waste management unit that
holds hazardous waste placed in the
unit before December 6,  1996, and in
which no hazardous waste is added to
the unit on or after December 6, 1996.
*****
  (c) For the owner and operator of a
facility subject to this subpart who has
received a final permit under RCRA
section 3005 prior to December 6, 1996,
the following requirements apply:
*****
  29. Section 265.1081 is amended by
revising the definition of "In light
material service" to read as follows:

§265.1081  Definitions.
*****
  In light material service means the
container is used to manage a material
for which both of the following
conditions apply: The vapor pressure of
one or more of the organic constituents
in the material is greater than 0.3
kilopascals (kPa) at 20 °C; and the total
concentration of the pure organic
constituents having a vapor pressure
greater than 0.3  kPa at 20 °C is  equal to
or greater than 20 percent by weight.
*****
  30. Section 265.1082 is revised to read
as follows:

§ 265.1082  Schedule for implementation of
air emission standards.
   (a) Owners or operators of facilities
existing on December 6, 1996 and
subject to subparts I, J, and K of this part
shall meet the following requirements:
   (1) Install and begin operation of all
control equipment or waste
management units required to  comply
with this subpart and complete
modifications of production or

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            Bederal Register /Vol.  62.  No. 235 / Monday,  December 8,  1997 / Rules and Regulations   64663
   treatment processes to satisfy exemption
   criteria in accordance with §265.1083(c)
   of this subpart by December 6, 1996,
   except as provided for in paragraph
   (a) (2) of this section.
     (2) When control equipment or waste
   management units required to comply
   with this subpart cannot be installed
   and in operation or modifications of
   production or treatment processes to
   satisfy exemption criteria in accordance
   with § 265.1083(c) of this subpart
   cannot be completed by December 6,
   1996, the owner or operator shall:
    (i) Install and. begin operation of the
   control equipment and waste
   management units, and complete
  modifications of production or
  treatment processes as soon as possible
  but no later than December 8, 1997.
    (ii) Prepare an implementation
  schedule that includes the following
  information: specific calendar dates for
  award of contracts or issuance of
  purchase orders for control equipment,
  waste management units, and
  production or treatment process
  modifications; initiation of on-site
  installation of control equipment or
  waste management units, and
  modifications of production or
  treatment processes; completion of
  control equipment or waste
  management unit installation, and
  production or treatment process
  modifications; and performance of
  testing to demonstrate that the installed
  equipment or waste management units,
  and modified production or treatment
  processes meet the applicable standards
  of this subpart.
   (iii) For facilities subject to the
 recordkeeping requirements of §265.73
 of this part, the owner or operator shall
 enter the implementation schedule
 specified in paragraph (a)(2)(ii) of this
 section in the operating record no later
 than December 6, 1996.
   (iv) For facilities not subject to
 § 265.73 of this part, the owner or
 operator shall enter the implementation
 schedule specified in paragraph (a)(2)(ii)
 of this section in a permanent, readily
 available file located at the facility no
 later than December 6, 1996.
   (b) Owners or operators of facilities
 and units in existence on the effective
 date of a statutory or EPA regulatory
 amendment that renders the facility
 subject to subparts I, J, or K of this part
 shall meet the following requirements:
   (1) Install and begin operation of
 control equipment or waste
 management units required to comply
 with this subpart, and complete
 modifications of production or
treatment processes to satisfy exemption
criteria of §265.1083(c) of this subpart
by the effective date of the amendment.
   except as provided for in paragraph
   (b) (2) of this section.
     (2) When control equipment or waste
   management units required to comply
   with this subpart cannot be installed  •
   and begin operation, or when
   modifications of production or
   treatment processes to satisfy exemption
   criteria of §265.1083(c) of this subpart
   cannot be completed by the effective
   date of the amendment, the owner or
   operator shall:
     (i) Install and begin operation of the
   control equipment or waste
   management unit, and complete
   modification of production or treatment
   processes as soon as possible but no
   later than 30 months after the effective
   date of the amendment.
    (ii) For facilities subject to the
  recordkeeping requirements of §265.73
  of this part, enter and maintain the
  implementation schedule specified in
  paragraph (a) (2) (ii) of this section in the
  operating record no later than the
  effective date of the amendment, or
    (iii) For facilities not subject to
  § 265.73 of this part, the owner or
  operator shall enter and maintain the
  implementation schedule specified in
  paragraph (a)(2)(ii) of this section in a
  permanent, readily available file located
  at the facility site no later than the
  effective date of the amendment.
    (c) Owners and operators of facilities
  and units that become newly subject to
  the requirements of this subpart after
  December 8, 1997 due to an action other
  than those described in paragraph (b) of
  this section must comply with all
  applicable requirements immediately
  (i.e., must have control devices installed
  and operating on the date the facility or
  unit becomes subject to this subpart; the
  30-month implementation schedule
'does not apply).
   (d) The Regional Administrator may
 elect to extend the implementation date
 for control equipment at a facility, on a
 case by case basis, to a date later than
 December 8,  1997, when special
 circumstances that are beyond the
 facility owner's or operator's control
 delay installation or operation of control
 equipment, and the owner or operator
 has made all reasonable and prudent
 attempts to comply with the
requirements of this subpart.
   31. Section 265.1083 is amended by
revising paragraphs (b),  (c)(2)(i),
(c)(2)(ix)(A), (c)(2)(ix)(B), (c)(3),and
(c)(4)(ii) to read as follows:
   in §§265.1085 through 265.1088 of this
   subpart, as applicable to the hazardous
   waste management unit, except as
   provided for in paragraph (c) of this
   section.
     (c)***
     (2) * * *
     (i) A process that removes or destroys
   the organics contained in the hazardous
   waste to a level such that the average
   VO concentration of the hazardous
   waste at the point of waste treatment is
   less than the exit concentration limit
   (CO established for the process. The
   average VO concentration of the
   hazardous waste at the point of waste
   treatment and the exit concentration
   limit for the process shall be determined
   using the procedures specified in
   §265.1084(b) of this subpart.
   *    *    *    *    *
    (ix) * * *
    (A) If Method 25D in 40 CFR part 60,
  appendix A is  used for the analysis,
  one-half the blank value determined in
  the method at section 4.4 of Method 25D
  in 40 CFR part 60, appendix A, or a
  value of 25 ppmw, whichever is less.
    (B) If any other analytical method is
  used, one-half the sum of the limits of
  detection established for each organic
  constituent in the waste that has a
  Henry's law constant value at least 0.1
  mole-fraction-in-the-gas-phase/mole-
  fraction-in-the-liquid-phase (0.1 Y/X)
  [which can also be expressed as 1.8 x
  10-6 atmospheres/gram-mole/m3] at 25
  degrees Celsius.
    (3) A tank or surface impoundment
  used for biological treatment of
  hazardous waste in accordance with the
 requirements of paragraph (c)(2)(iv) of
 this section.
   (4) * * *
   (ii) The organic hazardous
 constituents in the waste  have been
 treated by the treatment technology
 established by the EPA for the waste in
 40 CFR 268.42(a), or have been removed
 or destroyed by an equivalent  method of
 treatment approved by EPA pursuant to
 40CFR268.42(b).
 *****
   32. Section 265.1084 is  amended by
 adding paragraphs (a) (3) (v) and (b)(3)(v)
 and by revising paragraphs (a) (2),
 (a)(3)(ii)(B), (a) (3) (iii) introductory text,
 (a)(3)(iii)(A), (a)(3)(iii)(F) introductory
 text, (a)(3)(iii)(G), (a) (3) (iii) (G) (I),
§265.1083 Standards: General.
*****
  (b) The owner or operator shall
control air pollutant emissions from
each hazardous waste management unit
in accordance with standards specified
                 ,      .           ,
(b)(3)(iii) introductory text, (b) (3) (iii) (F)
introductory text, (b)(3)(iii)(G)
introductory text, (b)(3)(iv), (b)(8)(iii),
(b)(9)(iv), and (d)(5)(ii) to read as
follows:

§265.1084  Waste determination
procedures.
  (a)* * *

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64664   Federal Register / Vol.  62,  No. 235  / Monday. December 8, 1997  / Rules and Regulations
  (2) For a waste determination that is
required by paragraph (a)(l) of this
section, the average VO concentration of
a hazardous waste at the point of waste
origination shall be determined using
either direct measurement as specified
in paragraph (a) (3) of this section or by
knowledge as specified in paragraph
(a)1(4) of this section.
  f 3) * * *
  (ii) * * *
  (B) A sufficient number of samples,
but no less than four samples, shall be
collected and analyzed for a hazardous
waste determination. The average of the
four or more sample results constitutes
a waste determination for the waste
stream. One or more waste
determinations may be required to
represent the complete range of waste
compositions and quantities that occur
during the entire averaging period due
to normal variations in the operating
conditions for the source or process
generating the hazardous waste stream.
Examples of such normal variations .are
seasonal variations in waste quantity or
fluctuations in ambient temperature.
*****
  (iii) Analysis. Each collected sample
shall be prepared and analyzed in
accordance with one or more of the
methods listed in paragraphs
(a) (3) (iii) (A) through (a) (3) (iii) (I) of this
section, including appropriate quality
assurance and quality control (QA/QC)
checks and use of target compounds for
calibration. If Method 25D in 40 CFR
part 60, appendix A is not used, then
one or more methods should be chosen
that are appropriate to ensure that the
waste determination accounts for and
reflects all organic compounds in the
waste with Henry's law constant values
at least 0.1 mole-fraction-in-the-gas-
phase/mole-fraction-in-the-liquid-phase
(0.1 Y/X) [which can also be expressed
as 1.8 x 10"6 atmospheres/gram-mole/
m3] at 25 degrees Celsius. Each of the
analytical methods listed in paragraphs
(a) (3) (iii) (B) through (a) (3) (iii) (G) of this
section has an associated list of
approved chemical compounds, for
which EPA considers the method
appropriate for measurement. If an
owner or operator uses Method 624,
625, 1624, or 1625 in 40 CFR part 136,
appendix A to analyze one or more
compounds that are not on that
method's published list, the Alternative
Test Procedure contained in 40 CFR
136.4 and 136.5 must be followed. If an
owner or operator uses EPA Method
8260 or 8270 in "Test Methods for
Evaluating Solid Waste, Physical/
Chemical Methods," EPA Publication
SW-846, (incorporated by reference—
refer to § 260.11 (a) of this chapter) to
analyze one or more compounds that are
not on that method's published list, the
procedures in paragraph (a) (3) (iii) (H) of
this section must be followed. At the
owner or operator's discretion, the
concentration of each individual
chemical constituent measured in the
waste by a method other than Method
25D may be corrected to the
concentration had it been measured
using Method 25D by multiplying the
measured concentration by the
constituent-specific adjustment factor
(fm25o) as specified in paragraph
(a) (4) (iii) of this section. Constituent-
specific adjustment factors (fmaso) can
be obtained by contacting the Waste and
Chemical Processes Group, Office of Air
Quality Planning and Standards,
Research Triangle Park, NC 27711.
  (A) Method 25D in 40 CFR part 60,
appendix A.
*    *    *    *    *
  (F) Method 8260 in "Test Methods for
Evaluating Solid Waste, Physical/
Chemical Methods," EPA Publication
SW-846 (incorporated by reference—
refer to § 260.11 (a) of this chapter).
Maintain a formal quality assurance
program consistent with the
requirements of Method 8260. The
quality assurance program shall include
the following elements:
*    *    *    *    *
  (G) Method 8270 in "Test Methods for
Evaluating Solid Waste, Physical/
Chemical Methods," EPA Publication
SW-846 (incorporated by reference—
refer to § 260.11 (a) of this chapter).
Maintain a formal quality assurance
program consistent with the
requirements of Method 8270. The
quality assurance program shall include
the following elements:
  (1) Documentation of site-specific
procedures to minimize the loss of
compounds due to volatilization,
biodegradation, reaction, or sorption
during the sample collection, storage,
preparation, introduction, and analysis
steps.
*****
  (iv) Calculations.
  (A) The average VO concentration (C)
on a mass-weighted basis shall be
calculated by using the results for all
waste determinations conducted in
accordance with paragraphs (a) (3) (ii)
and (iii) of this section and the
following equation:
where:
C » Average VO concentration of the
    hazardous waste at the point of
    waste origination on a mass-
    weighted basis, ppmw.
i = Individual waste determination "i"
    of the hazardous waste.
n » Total number of waste
    determinations of the hazardous
    waste conducted for the averaging
    period (not to exceed 1 year).
Qi a Mass quantity of hazardous waste
    stream represented by G,  kg/hr.
Qr = Total mass quantity of hazardous
    waste during the averaging period,
    kg/hr.
Ci >• Measured VO concentration of
    waste determination "i" as
    determined in accordance with the
    requirements of paragraph (a) (3) (iii)
    of this section (i.e. the average of
    the four or more samples specified
    in paragraph (a) (3) (ii) (B) of this
    section), ppmw.
  (B) For the purpose of determining Q,
for individual waste samples analyzed
in accordance with paragraph (a) (3) (iii)
of this section, the owner or operator
shall account for VO concentrations
determined to be below the limit of
detection of the analytical method  by
using the following VO concentration:
  (]) If Method 25D in 40 CFR part 60,
Appendix A is used for the analysis,
one-half the blank value determined in
the method at section 4.4 of Method 25D
in 40 CFR part 60, appendix A.
  (2) If any other analytical method is
used, one-half the sum of the limits of
detection established for each organic
constituent in the waste that has a
Henry's law constant values at least 0.1
mole-fraction-in-the-gas-phase/mole-
fraction-in-the-liquid-phase (0.1 Y/X)
[which can also be expressed as 1.8 x
10 ~6 atmospheres/gram-mole/m3] at 25
degrees Celsius.
  (v) Provided that the test method is
appropriate for the waste as required
under paragraph (a) (3) (iii) of this
section, the EPA will determine
compliance based on the test method
used by the owner or operator as
recorded pursuant to §265.1090(f)(l) of
this subpart.

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            FederalRegister / Vol. 62, No.  235 / Monday. December 8.  1997  /  Rules and Regulations   64665
     (4) * * *
     (iv) In the event that the Regional
   Administrator and the owner or
   operator disagree on a determination of.
   the average VO concentration for a
   hazardous waste stream using
   knowledge, then the results from a
   determination of average VO
   concentration using direct measurement
   as specified in paragraph (a) (3)  of this
   section shall be used to establish
   compliance with the applicable
   requirements of this subpart. The
   Regional Administrator may perform or
   request that the owner or operator
  perform this determination using direct
  measurement. The owner or operator
  may choose one or more appropriate
  methods to analyze each collected
  sample in accordance with the
  requirements of paragraph (a) (3) (iii) of
  this section.
    (b) * * *
    (1) An owner or operator shall
  perform the applicable waste
  determination for each treated
  hazardous waste placed in a waste
  management unit exempted under the
  provisions of § 265.1083 (c) (2) (i)
  through (c)(2)(vi) of this subpart from
  using air emission controls in
  accordance with standards specified in
  §§ 265.1085"through 265.1088 of this
  subpart, as applicable to the waste
  management unit.
  **.***
    (3) * * *
    (ii) * * *
    (B) A sufficient number of samples,
 but no less than four samples, shall be
 collected and analyzed  for a hazardous
 waste determination. The average of the
 four or more sample results constitutes
 a waste determination for the waste
 stream. One or more waste
 determinations may be required to
 represent the complete range of waste
 compositions and quantities that occur
 during the entire averaging period due
 to normal variations in the operating
 conditions for the source or process
 generating the hazardous waste stream.
 Examples of such normal variations are
   seasonal variations in waste quantify or
   fluctuations in ambient temperature.
   *****
     (iii) Analysis. Each collected sample
   shall be prepared and analyzed in
   accordance with one or more of the
   methods listed in paragraphs
   (b) (3) (iii) (A) through (b) (3) (iii) (I) of this
   section, including appropriate quality
   assurance and quality control (QA/QC)
   checks and use of target compounds for
   calibration. When the owner or operator
   is making a waste determination for a
   treated hazardous waste that is to be
   compared to an average VO
   concentration at the point of waste
   origination or the point of waste entry
  to the treatment system, to determine if
  the conditions of § 264.1082(c) (2) (i)
  through (c) (2) (vi) of this part, or
  §265.1083(c)(2)(i) through (c)(2)(vi) of
  this subpart are met, then the waste
  samples shall be prepared and analyzed
  using the same method or methods as
  were used in making the initial waste
  determinations at the point of waste
  origination or at the point of entry to the
  treatment system. If Method 25D in 40
  CFR part 60, appendix A is not used,
  then one or more methods should be
  chosen that are appropriate to ensure
  that the waste determination accounts
  for and reflects all organic compounds
  in the waste with Henry's law constant
  values at least 0.1  mole-fraction-in-the-
  gas-phase/mole-fraction-in-the-liquid-
  phase (0.1 Y/X) [which can also be
  expressed as 1.8.x 10-6 atmospheres/
 gram-mole/m3] at 25 degrees Celsius.
 Each of the analytical methods listed in
 paragraphs (b)(3)(iii)(B) through
 (b) (3) (iii) (G) of this section has an
 associated list of approved chemical
 compounds, for which EPA considers
 the method appropriate for
 measurement. If an owner or operator
 uses Method 624, 625,  1624, or 1625 in
 40 CFR part 136, appendix A to analyze
 one or more compounds that are not on
 that method's published list, the
 Alternative Test Procedure contained in
 40 CFR 136.4 and 136.5 must be
 followed. If an owner or operator uses
 Method 8260 or 8270 in "Test Methods
 for Evaluating Solid Waste, Physical/
   Chemical Methods," EPA Publication
   SW-846, (incorporated by reference-
   refer to § 260.11 (a) of this chapter) to
   analyze one or more compounds that are
   not on that method's published list, the
   procedures in paragraph (b) (3) (iii) (H) of
   this section must be followed. At the
   owner or operator's discretion, the
   concentration of each individual
   chemical constituent measured in the
   waste by a  method other than Method
   25D may be corrected to the
   concentration had it been measured
   using Method 25D by multiplying the
   measured concentration by the
   constituent-specific adjustment factor
   (fm25o) as specified in paragraph
   (b) (4) (iii) of this section. Constituent-
  specific adjustment factors (f^o) can
  be obtained by contacting the Waste and
  Chemical Processes Group, Office of Air
  Quality Planning and Standards,
  Research Triangle Park, NC 27711.
  *    *   *    *    *

    (F) Method 8260 in "Test Methods for
  Evaluating Solid Waste, Physical/
  Chemical Methods," EPA Publication
  SW-846 (incorporated by reference	
  refer to § 260-11 (a) of this chapter).
  Maintain a formal quality assurance
  program consistent with the
  requirements of Method 8260. The
  quality assurance program shall include
  the following elements:
 ,*****

   (G) Method 8270 in "Test Methods for
  Evaluating Solid Waste, Physical/
  Chemical Methods," EPA Publication
  SW-846 (incorporated by reference—
 referto §260.11(a) of this chapter).
 Maintain a formal quality assurance
 program consistent with the
 requirements of Method 8270. The
 quality assurance program shall include
 the following elements:
 *    *     *     *     *

   (iv) Calculations. The average VO
 concentration (C) on a mass-weighted
 basis shall be calculated by using the
 results for all waste determinations
 conducted in accordance with
 paragraphs (b) (3) (ii) and (iii) of this
 section  and the following equation:
where:
C=Average VO concentration of the
    hazardous waste at the point of
    waste treatment on a mass-weighted
    basis, ppmw.
i=Individual waste determination "i" of
   •the hazardous waste.
n=Total number of waste
    determinations of the hazardous
    waste conducted for the averaging
    period (not to exceed 1 year).
Qi=Mass quantity of hazardous waste
    stream represented by Q, kg/hr.
Q_T=Total mass quantity of hazardous
    waste during the averaging period,
    kg/hr.
Ci=Measured VO concentration of waste
    determination "i" as determined in
    accordance with the requirements
    of paragraph (b)(3)(iii) of this

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64666   Federal Register  /  Vol. 62, No. 235 / Monday, December 8,  1997  /  Rules and Regulations
    section (i.e. the average of the four
    or more samples specified in
    paragraph (b)(3)(ii)(B) of this
    section), ppmw.
  (v) Provided that the test method is
appropriate for the waste as required
under paragraph (b)(3)(iii) of this
section, compliance shall be determined
based on the test method used by the
owner or operator as recorded pursuant
to §265.1090(f)(l) of thissubpart.
*****
  (8)* * *
  (iii) The MR shall be calculated by
using the mass flow rate determined in
accordance with the requirements of
paragraph (b)(8)(ii) of this section and
the following equation:
MR=Eb-Ea
Where:
MR=Actual organic mass removal rate,
    kg/hr.
Eb-Waste volatile organic mass flow
    entering process as determined in
    accordance with the requirements
    of paragraph (b)(5)(iv) of this
    section, kg/hr.
E»*Waste volatile organic mass flow
    exiting process as determined in
    accordance with the requirements
    of paragraph (b)(5)(iv) of this
    section, kg/hr.
*****
  (9) *  * *
  (iv) The MRbio shall be calculated by
using the mass flow rates and fraction
of organic biodegraded determined in
accordance with the requirements of
paragraphs (b)(9)(ii) and (b)(9)(iii) of this
section, respectively, and the following
equation:
paragraph (f)(4), and adding paragraph
(j)(2)(iii) to read as follows:

§265.1085  Standards: Tanks.
*****
  (c)*
  (2)
* *
* *
Where:
MRbk>=Actual organic mass
    biodegradation rate, kg/hr.
Eb=Waste organic mass flow entering
    process as determined in
    accordance with the requirements
    of paragraph (b)(5)(iv) of this
    section, kg/hr.
Fbio=Fraction of organic biodegraded as
    determined in accordance with the
    requirements of paragraph (b)(9)(iii)
    of this section.
*****
   (d) * * *
   (5) *  * *
   (ii) A mixture of methane or n-hexane
and air at a concentration of
approximately, but less  than, 10,000
ppmv methane or n-hexane.
*****
   33. Section 265.1085 is amended by
revising the introductory text of
paragraph (c)(2)(iii), revising
(c)(2)(iii)(B), adding paragraph (e)(4),
revising paragraph  (f)(3)(i)(D)(4). adding
  (iii) Each opening in the fixed roof,
and any manifold system associated
with the fixed roof, shall be either:
*****
  (B) Connected by a closed-vent system
that is vented to a control device. The
control device shall remove or destroy
organics in the vent stream, and shall be
operating whenever hazardous waste is
managed in the tank, except as provided
for in paragraphs (c) (2) (iii) (B) (1) and (2)
of this section.
  (7) During periods it is necessary to
provide access to the tank for
performing the activities of paragraph
(c)(2)(iii)(B)(2) of this section, venting of
the vapor headspace underneath the
fixed roof to the control device is not
required, opening of closure devices is
allowed, and removal of the fixed roof
is allowed. Following completion of the
activity, the owner or operator shall
promptly secure the closure device in
the closed position or reinstall the
cover, as applicable, and resume
operation of the control device.
  (2) During periods of routine
inspection, maintenance, or other
activities needed for normal operations,
and for the removal of accumulated
sludge or other residues from the bottom
of the tank.
*****
  (e) * * *
  (4) Safety devices, as defined in
§ 265.1081 of this subpart, may be
installed and operated as necessary on
any tank complying with the
requirements of paragraph (e) of this
section.
  (f)* * *
  (3) * * *
  (l\ * * *
  (D)* * *
  (4) The total gap area shall be
calculated by adding the gap surface
areas determined for each identified gap
location for the primary seal and the
secondary seal  individually, and then
dividing the sum for each seal type by
the nominal diameter of the tank. These
total gap areas for the primary seal and
secondary seal are then compared to the
respective standards for the seal type as
specified in paragraph (f)(l)(ii) of this
section.
*****
   (4) Safety devices, as defined in 40
CFR 265.1081, may be installed and
operated as necessary on any tank
complying with the requirements of
paragraph (f) of this section.
*    *    *    *    *
  (j) *  *  *
  (2) * *  *
  (iii) The hazardous waste meets the
requirements of §265.1083(c)(4) of this
subpart.
*****
  34. Section 265.1086 is amended by
revising paragraphs (b)(2), (d)(l)(iii),
and (d)(2)(i)(B) and adding paragraph
(e)(2)(iii) to read as follows:

§265.1086 Standards: Surface
impoundments.
*****
  (b) * *  *
  (2) A cover that is vented through a
closed-vent system to a control device
in accordance with the requirements
specified in paragraph (d) of this
section.
*****
  (d)* *  *
  (1) * *  *
  (iii) The cover and its closure devices
shall be made of suitable materials that
will minimize exposure of the
hazardous waste to the atmosphere, to
the extent practical, and will maintain
the integrity of the cover and closure
devices throughout their intended
service life. Factors to be considered
when selecting the materials of
construction and designing the cover
and closure devices shall include:
Organic vapor permeability; the effects
of any contact with the liquid or its
vapors managed in the surface
impoundment; the effects of outdoor
exposure to wind, moisture, and
sunlight; and the operating practices
used for the surface impoundment on
which the cover is installed.
*****
  (2) * *  *
  (i) * *  *
  (B) To remove accumulated sludge or
other residues from the bottom of the
surface impoundment.
*****
  (e)* *  *
  (2)* *  *
  (iii)  The hazardous waste meets the
requirements of §265.1083(c)(4) of this
subpart.
*****
  35. Section 265.1087 is amended by
revising paragraphs (c)(4)(i), (d)(4)(i),
and the introductory text of paragraph
(g)  to read as follows:

§265.1087 Standards: Containers.
*****
  (c)* *  *
  {4) * * *
  (i) In the case when a hazardous waste
already is in the container at the time

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            Federal Register / Vol. 62, No.  235 / Monday, December 8.  1997  / Rules and Regulations    64667
  the owner or operator first accepts
  possession of the container at the
  facility and the container is not emptied
  within 24 hours after the container is
  accepted at the facility (i.e., does not
  meet the conditions for an empty
  container as specified in 40 CFR
  261.7(b)), the owner or operator shall
  visually inspect the container and its
  cover and closure devices to check for
  visible cracks, holes, gaps, or other open
  spaces into the interior of the container
  when the cover and closure devices are
  secured in the closed position. The
  container visual inspection shall be
  conducted on or before the date that the
  container is accepted at the facility (Le.,
  the date the container becomes subject
  to the subpart CC container standards).
  For purposes of this requirement, the
  date of acceptance is the date of
  signature that the facility owner or
  operator enters on Item 20 of the
  Uniform Hazardous Waste Manifest In
  the appendix to 40 CFR part 262 (EPA
  Forms 8700-22 and 8700-22A), as
  required under subpart E of this part, at
  40 CFR 265.71. If a defect is detected,
  the owner or operator shall repair the
  defect in accordance with the
  requirements of paragraph (c) (4) (iii) of
  this section.
  *    *    *    *    *

   (d) * *  *
   (4) * *  *
   (i)  In the case when a hazardous waste
 already is in the container at the time
 the owner or operator first accepts
 possession of the container at the
 facility and the container is not emptied
 within 24 hours after the container is
 accepted at the facility (i.e., does not
 meet the conditions for an empty
 container as specified in 40 CFR
 261.7(b)), the owner or operator shall
 visually inspect the container and its
 cover and closure devices to check for
 visible cracks, holes, gaps, or other open
 spaces into the interior of the container
 when the cover and closure devices 
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64668   Federal Register / Vol.  62,  No. 235 / Monday. December 8,  1997 / Rules  and Regulations
                  Appendix VI to Part 265—Compounds With Henry's Law Constant Less Than 0.1 Y/X
                                             Compound name
                                                                                                            CAS No.
Acetaldol
Acetamlde
2-Acetylaminofluorene
3-AcetyI-5-hydroxypiperidine.
3-Acetylpiperidine
1-AcetyI-2-lhiourea
Acrylamide
Acrylicacld
Adenine
Adipicacid

          	:::::::::::::::::::=^^
Aiacnior	•	
                                                                           	
        	        	  834-12-8
Amelryn
4-AminobiphenyI
4-AmInopyridine
A it'
Aniline
o-An!s!dine
Anthraquinone
Atrazine98-05-5
Benzenearsonic acid	   98-11 3
Benzenesulfonic acid~
Bemldine
Benzo(a)anthfacene
Benzo(k)fluoranthene
Benzole acid                                                                                                  191-24-2
Benzo(g,h,i)peiylene	'.	   50-32-8
Benzo(a)pyrene
Benzyl alcohol
gamma-BHC
Bis(2-ethylhexyl)phthalate
Bromochloromethyl acetate.
Bromoxynil
Butyric acid
Capro)actam(hexahydrc-2H-azepin-2-one)
Catechol (c-dihydroxybenzene)
Cellulose
Cell wall.
Chlorhydrin(3-Ch!orc-1,2-propanediol)
Chloroacetic acid
2-Chloroacetophenone	
j>Chloroaniline
p-CWorobenzophenone
CWorobenzilate
p-Chloro-m-cresol (6-chloro-m-cresol)
3-Chlorc-2)5-diketopynrolidine.
Chlorc-1 ^-ethane diol.
4-Chlorophenol
CWorophenol polymers  (2-chlorophenol & 4-chlorophenol)10&-4&-9

1-(c-Ch!orophenyl)thiourea
Chrysene

         	==zzii—:=rrz=z±i:zz==:::
                                                                                                            108-39-4
                                                                                                             95-48-7
                                                                                                            iS4ts
                                                                                                            1319-77-3
Cresd (mixed isomers)
4-Cumylphenol=7 i
Cyanide57-1
4-CyanomethyI benzoate.
Diazinon
Dibenzo(a,h)anthracene
Dibutylphthalate
2,5-Dichloroaniline(N,N'-dichloroaniline)
2,6-Dichlorobenzonitrilell
2,6-D!chloro-4-nitroaniline
2,5-Dichlorophenol
3,4-Dichlorotetrahydrofuran
Dtchlon/os (DDVP)
Diethanolaniine
N.N-Diethylaniline

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             Federal  Register / Vol. 62. No. 235  / Monday, December 8,  1997  / Rules  and Regulations    64669
                                                      Compound name
                                                                                                                            CAS No.
  Diethylene glycol	
  Diethylene glycol dimethyl ether (dimethyl Carbitol)	
  Diethylene glycol monobutyl ether (butyl Carbitol)	
  Diethylene glycol monoethyl ether acetate (Carbitol acetate)	                        	"
  Diethylene glycol monoethyl ether (Carbitol Cellosolve)	iii_pnn
  Diethylene glycol monomethyl ether (methyl Carbitol)	                            	"	"
  N,N'-Diethylhydrazine	ZZZZ""	'	'	"""
  Diethyl (4-methylumbelliferyl) thionophosphate	                                 	.'
  Diethyl phosphorothioate	                        	'	'
  N.N'-Diethylpropionamide	ZZZZZZZZZ	:
  Dimethoate	
  2,3-Dimethoxystrychnidin-10-one 	
  4-Dimethylaminoazobenzene	
  7,12-Dimethylbenz(a)anthracene	
  3,3-Dimethylbenzjdine	                           "	'
  Dimethylcarbamoyl chloride	              ""
  Dimethyldisulfide	ZZZZ"""
  Dimethylformamide	                               '"
  1,1-Dimethylhydrazine 	                  	'
  Dimethylphthalate 	'"""""".	'
  Dimethylsulfone	                                  	:
  Dimethylsulfoxide	            	'
  4,6-Dinitro-o-cresol	               	'	'
  1,2-Diphenylhydrazine	;	ZZZZ	'	:"
  Dipropylene glycol (1,1 '-oxydi-2-propano!) 	
  Endrin	                                	'	"
  Epinephrine	:	.'ZZZZZZZZTZZ
  mono-Ethanolamine	                                             	'
  Ethyl carbamate (urethane) 	      	'	'c? o
  Ethylene glycol	;.	ZZZZZZZZZ7	"	  I07-ai-i
  Ethylene glycol monobutyl ether (butyl Cellosolve)	                      	'	
  Ethylene glycol monoethyl ether (Cellosolve)	""	"	'
  Ethylene glycol monoethyl ether acetate (Cellosolve acetate)	 	iii_i«q
  Ethylene glycol monomethyl ether (methyl Cellosolve)	.	            	"	'	
  Ethylene glycol monophenyl ether (phenyl Cellosolve)	
  Ethylene glycol monopropyl ether (propyl Cellosolve)		                	"	""	"
  Ethylene thiourea (2-imidazolidinethione)	              	'	'
  4-Ethylmorpholine	ZZZZ
  3-Ethylphenol	;;"	"
  Huoroacetic acid, sodium salt	                            	'
  Formaldehyde	^.ZZZJZZZZZZ'"
  Formamide	„..	                  	'
  Formicacid	'
  Fumaric acid	
 Glutaricacid	                  	'
 Glycerin (Glycerol)	;.;""	'
 Qiycidoi	;	•
 Glycinamide	,	.""ZZ"
 Glyphosate	
 Quthion	;;;;;;;;;;	;
 Hexamethylene-1,6-diisocyanate (1,6-diisocyanatohexane)	                                  822-0&o
 Hexamethyl phosphoramide	                                        	'	'	         ~
 Hexanoicacid  	.-.	Z'Z'Z'.".".".'	'	"
 Hydrazine	ZZZ	'	'
 Hydrocyanic acid	   	."	'	'
 Hydroquinone	
 Hydroxy-2-propionitrile (hydracrylonitrile)	                                       	"	'
 lhdeno(1,2,3-cd)pyrene	-..ZZZZ'."
 Lead acetate	ZZZZZZZZZ"
 Lead subacetate (lead acetate, monobasic)	
 Leucine  	ZZ.ZZZZ
 Malathion	              	'
 Maleic acid	             '"
 Maleic anhydride	   '	'
 Mesityl oxide	ZZZZ	"
 Methane sulfonic acid	                                    	'"""'
 Methomyl	;.	Z.ZZZZZ	"	'
 p-Methoxyphenol	 	'	
 Methyl acrylate	         	'	'
4,4'-Methylene-bis-(2-chloroaniline)	'.".'.
4,4'-Methylenediphenyl diisocyanate (diphenyl methane diisocyanate)	     	'	'
4,4'-Methylenedianiline	
Methylene diphenylamine (MDA).                                         	"	"
5-Methylfurfural	;„	....„	_	_	  620-02-0

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64670    Federal Register /  Vol.  62, No.  235 / Monday. December 8, 1997  / Rules and Regulations
                                                 Compound name
                                                                                                                     CAS No.
Methylhydrazine60-34-4
Methyliminoacetic acid                                                                                                  ec_o-7
Methyl methane sulfonate-	   66-27-3
1-Methyl-2-methoxyaziridine.
Methylparathion
Methyl sulfuric acid (sulfuric acid, dimethyl ester)
4-Methylthiophenol
Monomethylformamide(N-methylformamide)
Nabam
atpha-Naphtnol
beta-Naphthol
alpha-Naphthylamine
beta-Naphthylamine
Neopentyl glycoi (dimethylolpropane)
Niacinamide
o-Nitroani!ine
Nitroglycerin
2-Nitrophenol
4-Nitrophenol
N-Nitrosodimethylamine
Nitrosoguanldine
N-Nitroso-n-methylurea
N-Nitrosomorpholine(4-nitrosomorpholine)
Oxalicacid	
Parathion
Pentaerythrftol
Phenacetin
Phenol
Phenylaceticacid	
m-Phenylene diamine
c-Phenylene diamine
p-Phenylene diamine
Phenyl mercuric acetate
Phorate
Phthalic anhydride
alpha-Picdine (2-methyl pyridine) 	-..
1,3-Propane sulfone
beta-Propiotectone
Proporur (Baygon).
Propylene glycol
Pyrene
Pyridinium bromide39416-48-3
Quinoline
Quinone (p-benzoquinone)
Resorcinol
Stmazine•	   22-4-9
Sodiumacetate
Sodium  formate                                                                                                        ™
Strychnine	   57-24-9
Succinfeacid
Succinimide-   23-56-8
Sulfanilic acid
Terephthalic acidooo o  =
Tetraethyldithiopyrophosphate3689-24-5
Tetraethylenepentamine
Thfofanox
Tniosemicarbazide
2,4-Tduenediamine
2,6-Toluenediamine	  8     2~^
3,4-Toluonediamine 	!	•	      I! „
2,4-Toluene dilsocyanate-	•••  584-84-9
p-Tduicacid,
m-Toluidine	  1
1,1,2-Trichloro-1,2,2-trifiuoroethane	•   76-13-1
Trfethanolamine102-71-6
Triethylene  glycol dimethyl ether.
Tripropylene glycol	24800-44-0
Warfarin 	••   81-81-2
3,4-Xylenol  (3,4-dimethylphenol)•	95-65~8

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          Federal Register /  Vol.  62, No. 235 / Monday,  December 8.  1997  / Rules and Regulations   64671
 PART 270—EPA ADMINISTERED
 PERMIT PROGRAMS: THE
 HAZARDOUS WASTE PERMIT
 PROGRAM

   39. The authority citation for part 270
 continues to read as follows:
   Authority: 42 U.S.C. 6905, 6912, 6924,
 6925, 6927, 6939, and 6974.

 Subpart B—Permit Application

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

 §270.14 Contents of part B: General
 requirements.
 *****
   (b) *  * *
   (5) A copy of the general inspection
 schedule required by §264.15(b) of this
 part. Include where applicable, as part
 of the inspection schedule, specific
 requirements in §§264.174, 264.193(i),
 264.195, 264.226, 264.254, 264.273,
 264.303, 264.602, 264.1033, 264.1052
 264.1053, 264.1058, 264.1084, 264.1085
 264.1086, and 264.1088 of this  part.
[FR Doc. 97-31792 Filed 12-5-97; 8:45 am]
BILLING CODE 6S60-50-P

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