-2?-Off-
Federal Register /Vol. 53, .No. 171 /Friday. September 2. 1988 / Rules and Regdatfong 34379
74:26 is given with the understanding
that the State will revise as necessary
its regulations to comply with Federal
requirements after the decision in the
NRDC v. Thomas remand is made.
Today's action approves revisions to the
existing NSR program.
EPA finds good cause exists for
making the action taken in this notice
immediately effective because the
implementation plan revisions are
already in effect under State law or
regulation. EPA's approval poses no .
additional regulatory burden.
Under 5 U.S.C. 605(b), I certify that
this SIP revision will not have a
significant economic impact on a
substantial number of small entities.
(See 46 FR 8709.)
Under section 30Z(b)(l) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 1, 1988.
This action may not be challenged later
in proceedings to enforce its
requirements, (see 307(b)(2).)
The Office of Management and Budget
has exempted this rule from the
requirements of section 3 of Executive
Order 12291.
List of Subjects in 40 CFR Part 52
Air pollution control, Particulate "
matter, Sulfnroxides, Incorporation by
reference. . :^&^y- : . : -
Note: Incorporation by reference of the
State Implementation Plan for the State of
South Dakota was approved by the Director
of the Federal Register on July 1, 1982.
Date: August 18, 1988.
Lee M. Thomas, *
Administrator.
Part 52 Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52 {AMENDED]
Subpart QQ South Dakota
i. The authority citation for Part 52
continues to read as follows:
Authority. 42 U.S.C. 7401-7642.
2. Section 52.2170 is amended by
adding paragraph (c)(ll) to read as
follows:
§ 52.2170 Identification of plan.
(11) On January 28, 1988, the Governor
submitted a plan revision (1) updating
citations to Federal regulations in the
South Dakota air pollution control
regulations (Administrative Rules of
South Dakota 74:26), (2) adopting new
ambient air quality standards for
participates (PMw), (3) revising the State
administrative procedures for handling
permit hearings and contested cases,
and (4) correcting deficiencies in the
stack height regulations.
(i) Incorporation by reference
(A) Revisions to the Administrative
Rules of South Dakota (ARSD)
74:26:01:12, ARSD 74:26:01:35, ARSD
74:26:01:37. ARSD 74:26:01:64, ARSD
74:26:08 through ARSD 74:26:23,
inclusive, and addition of a new section,
ARSD 74:26:02:35, were revised through
November 24,1987.
3. Add a new § 52,2180.
§52.2180 Stack height regulations.
The State of South Dakota has
committed to revise its stack height
regulations should EPA complete
rulemaking to respond to the decision in
NRDC v. Thomas, 838 F.2d 1224 (DC Or.
1988). In a letter to Douglas M. Skie,
EPA, dated May 11,1988, Joel C. Smith,
Administrator, Office of Air Quality and
Solid Waste, stated:
"* * * We are submitting this letter to
allow EPA to continue to process out current
SIP submittal with the understanding that if
EPA's response to the NRDC remand
modifies die July 8,1985 regulations, EPA will
notify the State of the rules that must be
changed to comport with the EPA's modified
requirements. The State of South Dakota
agrees to make the appropriate changes."
[FR Doe. 88-19185 Filed 9-1-88:8:45 am]
BtLUHQ CODE S540-504I'
[FRL 3436-7]
40 CFR Paris 260,264,265, and 270
Hazardous Waste Management
System; Standards for Hazardous
Waste Storage and Treatment Tank
Systems
**
AGENCY: U.S. Environmental Protection
Agency.
" v--
SUMMARY: The U.S. Environmental
Protection Agency (EPA) is today
providing an interpretation of certain
terms and provisions, and correcting
typographical and other errors, that
originally appeared in the revised final
standards for hazardous waste tank
systems (51 FR 25422, July 14,1986).
These interpretations and amendments
are being made in response to litigation
and numerous inquiries that the Agency
has received on certain aspects of the
final rule.
EFFECTIVE DATE: September 2,1988.
FOR FURTHER INFORMATION CONTACT!
The RCRA/Superfund Hotline, (800) 424-
9346 (in Washington, DC, call (202) 382-
3000)), or William J. Kline, (202) 382-.
7917, Office of Solid Waste (OS-322),
U.S. Environmental Protection Agency,
401M Street SW.. Washington, DC
20460.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
0. Discussion of Issues Requiring
Interpretation
A. Scope of the Exemptions for
Wastewater Treatment/Elementary
Neutralization Tank Systems
1. Effect of Revised Tank System Standards
on Wastewater Treatment/Elementary
Neutralization Units
2. Clarification of "Wastewater Treatment
Unit"
B. Issues Regarding the Secondary
Containment Requirements
1. Welded Flanges
2. Applicability of Exemption for Certain
Types of Joints and Connections
a. Plastic Piping Connections
b. Tubing Connections
i. Soldered and Brazed Joints
, ii. Compression Fittings
iii. Flared-Fittmg Joints
3. Exemption of Abovegroond Seallesa
Valves
4. Extent of Required Leak Detection
5. Requirements for Concrete Liners
6. Secondary Containment of Pressurized
Piping with Automatic Shut-off Devices
C. Application of Immediate Response
Exemption-to Sumps
ffl. Correction of Typographical Errors
W. Compliancewith Administrative
'. Procedure Act Requirements
L Background
On Jury 14,1986, EPA issued a final
rule that revised the standards for
hazardous waste storage and treatment
"? tank systems (51 FR 25422). Since then,
the Agency has received requests for
interpretation of a number of terms or
/provisions of the final rule, and has
found several typographical errors in the
rule. In addition, the revised tank
system standards were challenged by
industry petitioners in Edison Electric
Institute (EEI). et aL v. U.S. EPA, No. 88-
1549 (D.C. Circuit). This notice provides
additional interpretation and
clarification of the final rule, both in
response to public inquiry and in
settlement of the ££7 litigation. This
notice also corrects a number of '
typographical errors.
II. Discussion of Issues Requiring
Interpretation
Three major areas of the final rale
require further clarification: (1) The
exemptions for wastewater treatment
systems and elementary neutralization
tank systems, (2) issues concerning
.secondary containment requirements,
and (3) the applicability of the
immediate response exemption under 40
CFR 265.1(c)(ll) and 270.1(c)(3).
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<*-. ,
34080 Federal Register / Vol. 53, No. 171 / Friday. September 2. 1988 / Rules and Regulations
A Scops of the Exemptions for
Wastewater Treatment/Elementary
Neutralization Tank Systems
l» Effect of Revised Tank System
Standards on Wastewater Treatment/
Elementary Neutralization Units
On November 17,1980, EPA
promulgated an amendment to the
hazardous waste standards .that
suspended applicability of the
requirementa in 40 CFR Parts 122 (now
codified in Part 270), 264, and 265 to
owners and operators of wastewater
treatment tanks and elementary*
neutralization tanks (45 FR 76074).
In the July 14,1988. revised standards
for hazardous waste tank systems (51
FR 25422), the Agency, in response to
evidence indicating a high incidence of
failures in piping and other equipment
ancillary to tanks, made s; special effort
to focus on the proper management of
such equipment Thus, all equipment
that is ancillary to the tank and used "to
distribute, meter, or control the flow of
hazardous waste from its point of
generation to a storage 'or treatment'
tank(s). between hazardous waste
storage and treatment tanks to a point of
disposal on-site, or to a point of
shipment for disposal off-site" was
made subject to this revisud standards
(see definition of "ancillary equipment",
40 CFR 280.10). EPA used the term "tank
system" to emphasize that both the tank
and its ancillary equipment must be
managed in accordance with the revised
standards. EPA has received several
inquiries regarding the extent to which
the term "tank system" might result in
previously exempt wastewater
treatment/neutralization tanks being
regulated by the revised hazardous
waste tank system standards.
In the July 14,1986, rulemaking, the
Agency had no intention of altering the
scope.of the November 17,1980,
exemption for such units as provided
under 40 CFR 264.1(g)(6), 265.1(c){10),
and 270.1(c)(2)(v) by subjecting the '
ancillary equipment of suich exempt
tanks to regulation. EPA attempted to
make this point clear in the preamble of
the revised standards (see 51FR 25462).
However, numerous parties believe the
preamble language is still ambiguous.
This ambiguity was also an issue in the
EEI litigation. To add to fche confusion of
the status of these exemptions, EPA
inadvertently neglected to amend the 40
CFR 260.10 definitions of "elementary
neutralization unit" and "wastewater
treatment unit" to reflect the Agency's
intent to address hazardous waste tank
systems, rather than simply hazardous
waste tanks. In this notice, EPA corrects
this oversight
In order to remove any remaining
ambiguity over this issue, EPA is today
amending the wastewater treatment and
elementary neutralization unit
definitions to clarify that the exemptions
apply to the tank systems, not just the
tank. The only additional equipment
intended to be covered under the
revised standards was ancillary
equipment that is associated with a
regulated hazardous waste storage or
treatment tank.
Thus, if a wastewater treatment or
elementary neutralization unit is not
subject to the RCRA Subtitle C
hazardous waste management
standards, the ancillary equipment
connected to the exempted unit is
likewise not subject to the Subtitle C
standards. Similarly, the exemptions
apply to sumps that meet the definition
of a tank in 40 CFR 260.10 and that are
used for the purpose of conveying
hazardous wastewater to an exempted
wastewater treatment or elementary
neutralization unit (including
conveyance by way of intermediate
sumps, tanks, and holding ponds) since
such sumps are ancillary equipment to
the exempted tanks. Also, the revised
hazardous waste tank system standards
do not apply to ancillary equipment that
is-asaociated with hazardous waste
, management units other than storage or
treatment tanks (e.g., surface
impoundments). ' -
2. Clarification of "Wastewater
Treatment Unit" '
One of the conditions under 40 CFR
260.10 for qualifying as a wastewater
treatment unit is that the unit must be .
part of a wastewater treatment facility
that is subject to regulation under either
section 402 or section 307(b) of the
Clean Water Act. EPA has received
numerous inquiries regarding the
meaning of the term "wastewater
treatment facility."
Based on EPA's property-boundary
interpretation of the term "facility"
under RCRA and the purpose of the
exemption, which is to exclude tank
systems .subject to regulation under the
Clean Water Act it is EPA's position
that in order for a wastewater treatment
unit to be covered by the exemption, it
must be part of an on-site wastewater
treatment facility. Accordingly, any
hazardous waste tank system that is
used to store or treat the wastewater
that is managed at an on-site
wastewater treatment facility with an
National Pollution Discharge
Elimination System (NPDES) permit or
that discharges to a Publicly Owned
Treatment Works (POTW), is exempt
from the RCRA regulations. Whether the
wastewater is conveyed from the tank
system directly to the treatment unit or
indirectly by way of intermediate
sumps, tanks or holding ponds does not * £
affect the applicability of the exemption.
For example, this exemption would
apply if a sump is used to collect the j
rinse from periodic cleaning of utility
boilers and this wastewater is then
conveyed to a wastewater treatment
unit at the same facility. Also, the means
of conveyance of the waste between-
storage and treatment does not affect
the applicability of this exemption. The
applicability of the exemption does not
depend on whether the wastewater is
piped or trucked, or conveyed in any
other manner to the wastewater
treatment facility within the boundaries
of the facility generating the
wastewater. Likewise, the applicability
of the exemption does not depend on
whether the on-site wastewater
treatment facility also treats wastewater
generated off-site.
However,.any tank system that was
employed in managing wastewater at a
facility prior to its off-site transfer to
another location, whether or not the off-
site location includes an NPDES
permitted wastewater treatment facility,
" or a facility that discharges to a POTW
sewer system, is not covered by this
exemption.
EPA intends that this exemption apply
to any tank system that manages
hazardous wastewater and is dedicated
for use with an on-site wastewater
treatment facility. However, if a tank
system, in addition to being used in
conjunction with an on-site wastewater
^treatment facility, is used on a routine or
occasional basis to store or treat a
" hazardous wastewater prior to shipment
off-site for treatment, storage, or
disposal, it is not covered by this
exemption. Unless the tank system
.otherwise qualifies for some other
Exemption, it would be subject to the
revised standards for hazardous waste
tank systems.
A final clarification of this exemption
concernii an on-site wastewater
. treatment facility that has no discharge
to surface water. As previously stated in
45 FR 76078 (November 17,1980), the
wastewater treatment unit exemption is
intended to cover only tank systems that
are part of a wastewater treatment
facility that (1) produces a treated
wastewater effluent which is discharged
into surface waters or into a POTW
sewer system and therefore is subject to
the NPDES or pretreatment
requirements of the Clean Water Act, or
(2) produces no treated wastewater
effluent as a direct result of such
requirements. This exemption is not
intended to apply to wastewater
-------
Federal Register / Vol. 53. No. 171 / Friday. September 2. 1988 'I Rules and Regulations 34081
Nmits that are not required to
PDES permit because they
Vge treated effluent.
\//ng Secondary
n\uirements
also received
'or interpretation of
ons concerning the
;t requirements.
idude; the
the'
of joints and
\of above- -
se,
Tht
meai,
exemj.
connecv
ground Sv
required k
liners, and >
pressurized ^
off devices.
1. Welded Flanfe
' the primary pit
enable connection v
pumps, valves, and L
flange connection pro
means of removing equ,
pipe system for inspectic
repair, or replacement. Lh
connections, flanges can bt.
piping by two basic techniqt
threaded joints or metallurgies
(e.g., welds). If a piece of equip,
connected to piping by a thread*.
it may be difficult to remove the
equipment without disassembly 01
portion of the piping system or withv
loosening other pipe-threaded
connections. If the equipment is weldev
to the pipe, the pipe must be cut to
remove the equipment In contrast,
equipment joined together with flanged
connections can be easily removed by
unbolting the flanges.
In § § 264.193(f) and 265.193(f) of the
revised hazardous waste tank system
standards, EPA exempted welded
flanges from the requirement to have
secondary containment as long as the
flanges were visually inspected on a
daily basis. Numerous questions have
been raised as to the intended meaning
of the term "welded flange" because
EPA did not define this term in the July
14,1986, final rules. Apparently, several
different meanings can be attributed to
the term.
A term typically used in national
piping codes, "welded flange" refers to
welding only the piping to the flange.
The flange-to-flange seal is achieved by
mechanical seals, such as gaskets and o-
rings. The flanges are usually held
together by bolts. For a perfect seal, the
bolt holes would have to be eliminated,
and a circumferential weld made at the
flange-to-flange joint. However, EPA is
not aware of any national standards or
codes that discuss this type of weld.
And, most important, such a weld would
defeat the purpose of the flangei.e., to
allow easy coupling and uncoupling of
equipment from the piping system.
In exempting welded flanges from
secondary containment, EPA intended
to discourage the use of threaded joints,
which EPA believes are susceptible to
more frequent and larger quantities of
releases than welded flanges. Threaded
joints are used hi metals where the
walls are thick enough to withstand
considerable pressure and corrosion
after reduction in thickness due to
threading; Threading is not a precise
machining operation, and filler materials
such as "pipe dope" are necessary to -
block the spiral leakage path.
Several characteristics of threaded
joints make them more susceptible to
leakage than welded flanges. Threads
notch the pipe and reduce its strength
and fatigue resistance. Enlargement and
contraction of the flow passage at
threaded joints creates turbulence. Thus,
corrosion and erosion may be
^ ^ aggravated at the point where a pipe has
^dready been thinned by threading. The
ndency of pipe wrenches to crush
and fittings limits the torque
J^teble for tightening threaded joints
^\y possibly excluding the
sp iry amount of tightening. For low-
x systems, a slight rotation in the
be used to impart flexibility to
but this same rotation may
eP to develop in higher- '
~ <;ms. In some metals,
5^-vearing.down) occurs
'oints are disassembled.
some in a wide variety
>s. Welded-neck
ts as strong as the
Sfstatic and cyclic
H-weld, and lap-
\its as strong as
^jng but have
Stresses.
"connections
lent to an
't flanges
itialleak
loa
join\
thep\
lower v
EPAt
cannot b\
all-welded
and will, th\
source. Howt
eliminate, hi E.
most probable V
threaded pipe con
With respect to pot
flanges are superior to threaded
connections because of the higher
quality and more consistent
workmanship and supervision
associated with flange assembly and
because of the inherent problems with
threaded joints discussed above. While
the flange-to-flange seals can leak, the
occurrence of leakage from flanges is'
much lower than from threaded joints
due to the larger seal surface area for
the flange joint (arlarge surface on-
flange face versus a few sealing threads
,
int of
^A''
^ .o tlie flange.
,cial leakage,
in the threaded connection). Also, with
proper selection of bolt materials and
washers, the mechanical seal can be A
kept under continuous compressive
force, whereas the threaded joint relies
on thread sealing compound to
compensate for the contraction and
expansion of the threaded joint. In any
case, if a leak does occur in the
mechanical seal it can be easily
detected visually and corrected .;
immediately.
Weld-neck and lap-joint flanges are
preferable to socket-weld and slip-on
flanges because they provide the
greatest resistance to static stress.
Socket-weld and slip-on flanges provide
a lesser degree of structural integrity
because the welds may eventually
weaken, particularly from cyclical stress
(vibration, hammering, opening/closing
of valves, etc.). Nevertheless, EPA :
believes that any of these welded
flanges, if properly specified, installed,
inspected, and maintained in . ;
accordance with American.National
Standards Institute (ANSI), American
' Society for Testing and Materials
(ASTM), and other piping component
standards, and if properly managed in
'compliance with the revised hazardous
waste tank system'standards (e.g.,
compatibility, design certification,
installation certification, inspections,
and response to leak/spills), should .
pose a very low risk of leakage. For
example; a properly designed piping
system should take cyclical loading into
account and use pulsation dampers, flex
joints, expansion joints, etc., to
eliminate or substantially minimize the
effect of cyclical stresses. Thus, as
specified on the revised tank system
rules, the Agency believes secondary
containment is not necessary for
aboyeground welded flanges (i.e.,
welded at the joint of the pipe to the
flange] that are visually inspected on a
daily basis. For the purpose of
.§§ 264.193(f) and 265.193(f) EPA
, interprets the term "Welded flange" to
mean weld-neck, lap-joint, slip-on, and
socket-weld flanges.
2. Applicability of Exemption for Certain
Types of Joints and Connections
Since promulgation of the revised tank
system standards, EPA has received
numerous inquiries regarding the
intended scope of the exemption from
secondary containment for welded
joints and welded connections. For
example, inquirers have requested
clarification on the applicability of this
exemption to plastic piping connections,
and compression, soldered/brazed; and
other tubing connections.
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34D82 Federal Register / Vol. 53." No. 171 / Friday. September 2. 1988 / Rules and Regulations
A wide diversity of joints/connections
can be used in the construction of a
hazardous waste tank system.
Considering the broad spectrum of
reliability that can be expected of the
Joint/ connection, given such variables
as material of construction, method of
joining, quality control of joint/
connection assembly, etc., the issue is
which types of joints/connections are
sufficiently "welded" so an to be exempt
from the requirement of secondary
containment?
In general, and as previously
discussed, one of EPA's main concerns
lies with threaded fittings and joints. As
. explained below, fittings and joints that
avoid the inherent problems associated
with threaded fittings and joints, and
that thereby provide a moire reliable
connection, are the types of fittings and
joints most likely to be considered
"welded" (that is to say, permanently .
joined in such a fashion a» to be
comparable to welding in reliability)
and thus eligible for exemption from the
secondary containment requirement
This exemption is only applicable to
.aboveground piping systems that are
visually inspected on a daily basis.
a. Plastic piping connections. Plastic
pipe and fittings may be joined by a
solvent-cement, by heat fusion, or by a
mechanical device such an threads or a
ring seal. A brief description of each .
type of joint is grVen below:
Solvent cement softens the surfaces
of the components, which then solidify
as the solvent evaporates.
» With heat-fusion. 1he surfaces are
heated with spedal tools until they have
softened. When engaged, the softened
surfaces How together, fonning a joint as
the material cools. There are three basic
types of heat-fused jointst butt fused,
socket or insert fused, and saddle fused.
Mechanical means or devices can
be used to develop a pressure seal.
Types of mechanical joints include
threaded joint, compression gasket joint,
compression fitting joint, clamped
insert-fitting joint, hell-and-spigot gasket
or push-on joint, flanged Joint and flare
joint '
Of all the joining techniques, solvent-
cementing and heat fusion can be
considered equivalent to welding in
metal pipe systems. In both cases, the
plastic is melted or "welded" together.
The choice of the particular bonding
depends on the type of plastic.
Polyvinylchloride (PVC) and chlorinated
polyvinylchloride (CVPC) pipes are
solvent cemented, but polyvinylidene
fluoride (PVDFJ and polypropylene (PPJ
pipes require heat fusion, since they are
not susceptible to solvent cementing. As
with all Joining techniques, the leak
characteristics depend on the quality of
workmanship involved. If the plastic
components are properly joined, the risk
of leakage should be the same as that of
welded pipe.
According to ASTM standards, the
pressure rating of solvent-cemented
joints, properly fabricated, is equivalent
to the pressure rating for the original
pipe, after a reasonable time has been
allowed.for the joint to cure. The
pressure rating of well-made, heat-fused
joints is the same as the pressure rating
for the original pipe after the material in
the joint has cooled to the pipe
temperature.
However, EPA notes that care.must be
taken in the selection and application of
a particular plastic pipe. The pipe must
be suitable for the internal fluid and the
external conditions. For example, some
pipes may need to be wrapped to
prevent stress cracking from ultraviolet
light
Flared-tube joints, insert fittings, and
threaded joints are not ag reliable as
heat fusion and solvent-cement joining
techniques and have a greater incidence
of leaks than do the welded pipes. Of
x these, threaded joints have the greatest
likelihood of leaking, insert fittings the
next greatest and flared-tube joints the
.least likelihood of the three.
Depending on the type of material
and/or the manufacturer,'certain joining
devices may lower the maximum
pressure rating of the piping system.
Typically, threaded and mechanical
joints of particular plastics may lower
the maximum pressure rating (of the
pipe joined) by as much as 50 percent.
Given this information, EPA is
convinced that solvent-cemented and
heat-fused connections hi plastip piping
systems are analogous to welded
metallic connections and should thus be
considered "welded" for purposes of the
exemption from secondary containment
requirements under 40 CFR 264.193 and
265.193. Mechanical joints, however,
would need secondary containment
The methods used to join plastic pipes
and fittings depend on the type of
plastics) being joined. Applicable
ASTM practices should be consulted to
ensure that the method used is .
compatible with the materials being
joined. In addition, the
recommendations of the manufacturer
should be considered when determining.
which method and the details of the
procedure to be used.
The ASTM standards provide
specifications, test methods, practices,
and guides for plastic pipes and fittings.
made from .these plastics. Plastic pipes
and fittings made from several other
types of plasticmost notably
polypropylene (PP) and poly(vinylidene
fluoride)(PVDF)are commonly
available nn a wide variety of sizes.
However, they are not covered as such
by ASTM specifications.
b. Tubing connections. Since
promulgation of the revised standards
for hazardous waste tank systems, the
Agency has received numerous
questions concerning the equivalence of
tubing components to all-welded piping.
These components, used in making
connections to valves, instruments,
pressure gauges, and other, ancillary.
devices, employ soldered and brazed
joints, compression-fittings, and flared-
fitting joints.
EPA does not have sufficient
information to determine that these
types of connections are equivalent to
"welding" and thus is not exempting
these connections from the requirement
of secondary containment The Agency
believes that further consideration of an
exemption for these connections is
necessary and welcomes any data that
addresses the reliability of these
connections. .
L Soldered and brazed joints.
Soldering is a metal-joining process
wherein a nonferrous alloy is heated to
a suitable temperature and fused to the
metals being joined. The filler metal
(solder) is distributed between closely
fitted surfaces of the joint by capillary
attraction. In general, solders are lead-
' tin alloys and may contain antimony,
bismuth, and other elements. ..
Soldered joints are most widely used
in pipe or tubing sizes 2 inches and
smaller where the heat requirements are
less burdensome. Properly made, the .
joints are completely impervious.'
Soldered joints should not be used in
areas where plant fires are likely
because exposure to fire rapidly and
completely melts the joints. Nor should
they be used where the pipe contains
flammable or toxic fluids or where the
piping is subject to thermal shock or
mechanical vibrations.
Brazing is a metal-joining process
wherein a nonferrous metal is heated to
a suitable temperature and fused to the
metals being joined. The filler metal is
distributed between the closely fitted
surfaces of the joint by. capillary "
attraction. .
Silver-brazed joints are similar'to
soldered joints, except they require a
temperature of about IIOO'F for fusion to
occur. Silver-brazed joints are used
where temperature or the combination
of temperature and pressure is beyond
the range of soldered joints. They are
also more reliable in the event of plant
fires and are more resistant to vibration.'
Braze welding is a welding process
using a nonferrous filler metal having a
melting point below that of the base
-------
Federal Register /Vol. 53. No. 171 / Friday, September 2. 1988 / Rules and Regulations 34083
metals, but above 800 °F (427 °C). The
filler metal is not distributed in the joint
by capillary attraction.
EPA believes that soldered and
brazed fittings are not equivalent to.
welded piping. Regardless of how well
these joints are made, they will continue
to be a greater source of leakage than a
welded connection, which has the
strength of the pipe itself. However, if
installed properly and within their
design limitations, EPA believes that
these joints have a very low risk of
leakage. If a leak does occur, it should
be visually detected in most
circumstances, and tubing normally has
a piping take-off valve for isolation.
Tubing also generally has small bores so
leaks will normally be minor, except in
high-pressure service.
Although the Agency acknowledges
that these types of connections are
somewhat less reliable than a welded
connection, EPA believes that the'
combination of a relatively low risk of
leakage, the required compliance with
standards for proper design, installation,
and inspection, and the impracticality of
designing secondary containment for
such connections may make a
reasonable case for exempting these
connections from the requirement for
secondary containment The-Agency is
continuing to study this issue and may
amend the regulations in the future to
provide such an exemption for these -
connections, .[-i'-ffk'r'''^ '.- > '-'" *. ' -
iL Compression Fittings. A
compression fitting can be an integral
part of a tank system component (e.g.,
the fitting is buUt into the valve or .
pressure gauge), or it can be a separate
piece that is threaded to the component.
These fittings are-used where the tubing
has too high a ratio of wall thickness to
diameter for flaring or where the tubing
lacks sufficient ductility for flaring. The
seal is made by a ferrule ring that is
slipped over the end of the tube and
compressed onto the tube by a
compression nut on the fitting. The
ferrule ring has two sealing surfaces: a
smooth-bore inner-diameter surface that
is compressed onto the tube surface, and
a smooth conical-shaped outer-diameter
surface that makes a metal-to-metal seal
to a matching machined-cone surface in
the body or housing of the compression
fitting. The sleeve must be considerably
harder than the tubing, yet still ductile
enough to be diametrically compressed.
It also must be as resistant as the tubing
to corrosion by the fluid handled.
Because the ferrule is under great
compression force, a very tight seal is
obtained. This force is usually sufficient
to overcome differences in coefficients.
of thermal expansion of the materials
used for the tube and fitting, normal
vibration, and other factors that would
cause threaded joints to leak.
Properly designed and manufactured
compression fittings rarely; leak. They
are used hi highly critical applications,
such as connections for fuel lines and
hydraulic systems on aircraft. Flareless
compression fittings are used
extensively and can be designed for
systems up to 60,000 pounds per square
inch gauge (psig). The ANSI B31.3 Code
lists no restrictions for compression
. fittings, except that they be safeguarded
if used in severe cyclic conditions.
Leaks, when they occur, are usually
attributed to one. of the following
causes:
Dirt or debris trapped on the sealing
surface;
Improper torqueing (too loose or
over-tightening);
Wear or scoring from excessive
removal and reinstallation of the
connection;
Damage from handling during
installation or removal; or * . . ~
Excessive vibrations or bending
' mqments at the tube-to-fitting interface.
EPA believes that compression fittings
used on metallic tubing may be nearly
as reliable as welded connections. EPA
is considering amending the rules to
exempt metal tubing that uses
compression fittings (but not with a
. threaded connection between the fitting
and device) from the secondary
containment requirement. . .
The Agency is convinced, however, .
that secondary containment should be .
required for plastic piping connections
that use compression fittings. Although
plastic piping can be joined in a manner
similar to compression fittings for. metal
piping, the technique is substantially
different. Since metals are ductile, the
ferrule metal seal and the tubing are
both actually compressed by the
compression nut On the other hand,
plastics are not as ductile or as strong as
metals, and a seal is made by the much
lower compressive force of an elastomer
sealing ring. Thus, EPA does not believe
that these plastic systems afford sealing
equivalent to that of solvent-cemented
or fused joints.
iii. Flared-fitting joints. Flared-fitting
joints are used for ductile tubing in
cases where the ratio of wall "thickness
to the diameter is small enough to
permit flaring without cracking the
inside surface. The tubing must have a
smooth ulterior surface. A flared fitting
that employs a sleeve avoids torsional
strain on the tubing and minimizes
vibration fatigue on the flared portion of
the tubing. More labor is required for
assembly, but it is more resistant to
temperature cycling than other tubing
fittings and is unlikely to be damaged by
over-tightening. For these fittings, less
control of tube diameter is required.
The Agency believes that flared-fitting
joints, although not as reliable as
compression fittings, still present a low
risk of leakage. However, given the lack
of available data on the reliability of
flared-fitting joints, EPA is unable at this
time to determine whether these joints
should be exempted from the
requirement of secondary containment.
The Agency may consider this issue in a
future rulemaking. .
3. Exemption of Aboveground Sealless
Valves
As previously discussed, 40 CFR
264.193 and 265.193 of the final rule .
exempt certain aboveground piping
system components from the secondary
containment requirement EPA has
received several inquiries regarding ah
apparent inconsistency between the .
discussion of these exemptions in the '
preamble (51FR 25450, July 14,1986) and
the list of exemptions codified in 40 CFR
264.193(f)£lH4) and 265.193(f)(l)-{4) (51
FR 25475 and 25481). Sealless pumps are
exempted under §§ 264.193(f) and
265.193(f) because they do not use
traditional packing materials, which are
a common source of leakage. Similarly, j
the Agency intended to exempt sealless
valves, as mentioned in the preamble . .
discussion, provided that a welded . .
connection is used to join the sealless
valve to the piping. However, the
regulatory exemption refers to sealless
pumps, but not sealless valves. Thus,
today EPA is correcting its omission of
sealless valves from the regulatory
language of 40 CFR 264.193(f)(3) and
265.193(f)(3) by adding sealless valves to
the list of piping components that need
not be provided with secondary
containment. . *
4. Extent of Required Leak Detection.
Sections 264.193(b) and 265<193(b)"
set out the performance standards for
secondary containment systems.
Additional details on how to meet these
performance standards are found in
§ § 284.193(c) and 265.193(c). EPA has
received several inquiries regarding the
intent of the wording in 40 CFR
264.193(c)(3) and 265.193(c)(3) which
states that secondary containment
systems must be:
Provided with a leak-detection system that
is designed and operated so that it will detect
the failure of either the primary or secondary
containment structure or the presence of any
release of hazardous waste or accumulated
liquid in the secondary containment system
-within 24 hours * * *.
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340M Federal Register / Vol. 53. No. 171 / Friday. September 2. 1988 / Rules and Regulations
Numerous inquirers took this
provision to mean,that the Agency was
intending that a leak detection
capability fae provided, both within, and
external to, the secondary containment
structure. Several other inquirers
requested clarification of whether the
Agency requires detection of failure of
either the primary or secondary
containment structures or the presence
of any release, or both.
Under this provision, EPA intended
that the leak detection component of a
secondary containment-system promptly
detect any release from the primary
structure into the secondary
containment structure. EPA used the
wording, "Provided with a leak
detection system that is designed and
operated so that it will detect failure of
either the primary or secondary
containment structure", to< ensure that
double-walled tanks which detect
failure of either theprimairy or the
secondary containment structure (e.g., .
via low of pressure in the-interstitial
space between the two walls) meet the
requirements of §§ 284.193(b} and
2S5.193(b). This provision should not be
interpreted to require leak detection
outside of the secondary containment
structure in order to detect failure of the
secondary containment structure!
5. Requirements for Concrete Liners
In40OTt2«L3S3fe)(l)and(2),flnd
285.193(e) (1) and (2);EPA promulgated.
standard! applicable to external liners .
and vault system*. The external liner
requirements of 40 CFR 2«4.1S3(e)(l) and
285.193(e)(l) address the subject of
liners generically. For example, they do
not differentiate between synthetic
membrane liners and concrete. On the
other hand, the requirements for vault
systems under 40 CFR 264.193(e)(2) and
265.193(e)(2) are-applicable only to
concrete.
However, EPA did not intend that
concrete used, for example, as a base
and diking material for secondary
containment of an aboveground tank or
onground tank should be subject to
requirements significantly different from
' concrete that is used in the construction
of a secondary containment vault
Certain of the requirements promulgated
for concrete vaults are appropriate and
are intended to be applied to situations
where concrete is used in the
construction of any secondary
containment structures. Thus, concrete
liner systems must also meet the more
specific requirements of 40 CFR
264.193(e)(2) (iii) and (iv) and
285.193(e)(2) (iii) and (iv) in order to
meet the general performance standards
under 40 CFR 2B4.193(e)(l) (iii) and (iv)
and 26S.193(e)(l) (iii) and(iv), which
specify that the liner system be free of
cracks or gaps and designed to prevent
migration of the waste. Chemical-
resistant water stops at all joints, as
specified in 40 CFR 264.193(e)(2)(iii) and
265.193(e](2)(iii) are appropriate for any
concrete structure serving as a
secondary containment device.
Likewise, given the relative permeability
of concrete, the Agency believes that
most secondary containment concrete
structures, vaults or otherwise, will
require an impermeable coating or lining
that will prevent migration of waste into
the concrete as specified in 40'CFR
264.193(e)(2)(iv) and 265.193(e)(2)(iv).
Such coating or lining must also be-
compatible with the waste(s) managed
within the secondary containment
structure.
6. Secondary Containment of
. Pressurized Piping with Automatic Shut-
Off Devices.'
EPA has received a number of
questions regarding the exemption from'
- secondary containment of pressurized
* piping with automatic shut-off devices.
Under 40 CFR 264.193(f)(4) and
265.193(f)(4), aboveground pressurized
piping systems-with automatic shutoff
devices that are visually inspected on a
daily basis are exempt from the
'secondary containment requirement.
Furthermore, this provision allows this .
exemption even if welded flanges,
welded joints, welded connections,
sealless valves, and sealless or magnetic
coupling pumps are not used. However,
the Agency is reconsidering this
exemption. EPA may have over-
estimated the effectiveness of automatic
shut-off devices. Although these devices
should certainly limit the quantity of
waste released in case of a substantial
failure somewhere in the piping system
(e.g., pipe rupture), they would be
unlikely to have any effect on reducing
the number or size of releases in piping
systems due to small or slow leaks at
valves, connections, flanges, etc.
It was not EPA's intent to prescribe
less importance to small leaks in
pressurized piping systems.' In fact, such
less-than-major leaks would be of
greater concern in pressurized piping
systems compared to nonpressurized
systems due to the potential to release
larger quantities of hazardous waste.
Thus, the Agency believes that it may
be prudent to require all aboveground
piping systems, pressurized as well as
nohpres'surized, and even with
automatic shut-off devices, to use
.. welded joints, sealless valves, sealless
or magnetic coupling pumps, etc., hi
order to be exempted from the
secondary containment requirement In
fact, automatic shut-off devices may
also need to be welded so as not to be a
source of leakage. Using this approach,
automatic shut-off devices might be
used to protect against catastrophic
releases and serve as a means to limit
the size of the secondary containment
system(s), where needed, rather than
serve as a means-for the entire piping
system to be exempted from secondary
containment EPA is considering
proposing such an amendment to the
tank system standards in the near
future.
C. Extent of Cathodic Protection for
Primary Tanks
EPA received several inquiries
regarding the intent of the 40 CFR
264.193(e)(3)(ii) and 285,193(e)(3)(ii).
That regulation specifies double-walled
tanks must be "protected, if constructed
of metal, from both corrosion of the
primary tank interior and of the external
surf ace of the outer shell * * V
Apparently, this wording has been
interpreted to mean that cathodic
protection must be provided for die
interior surface of the primary tank. This
was not EPA's intent
With respect to the interior of the
primary tank, this requirement was
chiefly intended to address the
excessive or accelerated corrosion of
the primary tank's interior surface .
resulting from incompatibility between
the tank construction material and the
stored waste(s). This provision thus
reiterates the requirement found
elsewhere in the standards (e.g^ 40 CFR
264.191(b), 264.192(a)), that accelerated
corrosion of the primary tank's interior
surfaces must be prevented. However,
this provision does not mandate
cathodic protection of the interior
surface of primary tank structures.
D. Application of the Immediate
Response Exemption to Sumps,
As part of the settlement of the EEI
litigation, EPA agreed to clarify the
applicability of the immediate response
exemption under 40 CFR 264.1(g)(8) and
." 285.1(c)(ll) to sumps. The July 14,1988,.
final role discussed three types of sumps
that may be regulated as tanks under
this revised rule: "temporary tanks,"
secondary containment sumps, and
primary containment tanks. With
respect to temporary tanks, i.e., tanks
used for storage of waste in response to
a leak or spill, and other temporary,
unplanned occurrences, the Agency
stated that no Subpart J standards were
applicable since such storage was
exempted from these regulatory
requirements under 40 CFR 264.1 (g) (8)
and 265.1(c)(ll) (51FR 25445). Those
sections (along with 40 CFR 270.1(c)(3))
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Federal Register / Vol. 53, No. 171 / Friday, September 2, 1988 / Rides and Regulations 34085
exempt any person from permitting
requirements and regulatory standards
for "treatment or containment activities
taken during immediate response
to * * * [a] discharge of a hazardous
waste", except requirements concerning
preparedness and emergency
procedures. The purpose of the
exemption is to allow appropriate
immediate response to hazardous waste
discharges in emergency situations
where treatment or storage is necessary
but ttte facility owner or operator would
not have had sufficient previous
warning to comply with regulatory
standards or obtain a RCRA permit for
such treatment or storage (51FR 25445,
July 14,1988); (48 FR 2509, January 19,
1983). A sump that may be used to
collect hazardous waste in the event of
a spill, whether accidental or
intentional, and that is not designed to
serve as a secondary containment
structure for a tank storing hazardous,
waste, is generally exempt from
regulatory and permitting requirements
so long as it is used to contain
hazardous waste only as an immediate
response to such a spill.
Sumps that serve as part of a
secondary containment system. i.e.r to
collect spills from a primary.
containment vessel storing hazardous
waste, are subject to all applicable
requirements fbrtaok systems except
for the requirement to obtain secondary-
containment (51 FR 25441, July 14.1986).
In contrast to "temporary tanks",
secondary containment sumps .and all
other secondary containment structures,
are specifically designed to serve as the .
collection device for spills of hazardous
waste from an adjacent primary
containment vessel.
Finally, except as noted in section
II.A. above, sumps that store hazardous
waste as primary containment vessels
are subject.to all tank system
requirements, including the requirement
to obtain.secondary containment (or_a
variance). Primary containment sumps
are sumps designed to collect and
transport routine and systematic
discharges of hazardous, waste (51 FR
25441, July 14,1986). Sumps designed to
serve as the storage for hazardous
waste from periodic cleaning of utility
boilers, for example, are primary
containment vessels, although as
explained above they will still qualify
for an exemption from the tank system .
requirements if they are used as
' ancillary equipment to an exempted
wastewater treatment or elementary
neutralization unit. See Section II.A.
supra.
In short, upon consideration of 40 CFR
264.1(g)(8) and 265.1(c)(ll) and the
interrelationship of these provisions
with the July 14,1986 final rule, EPA
believes that some sumps may be
exempt from regulation under this
provision. This interpretation is
consistent with the preamble discussion
of the spill exemption provision (48 FR
2508, January 19,1983). As explained in
that preamble, the purpose of the
provision was to address emergency
situations, whether due to accidental
discharges or to spills during routine
maintenance of equipment, where there
is no time to comply with technical and
procedural requirements pertaining to
storage and treatment of hazardous
waste (48 FR 2509, January 19,1983).
This rationale is inapplicable to units
constructed for the purpose of
containing hazardous waste from
routine and systematic discharges.of
hazardous waste or designed to serve as
the secondary containment for a tank
system.treating or storing hazardous
waste.
ffl. Correction of Typographical Errors
On August 15,1986. EPA published in
the Federal Register a notice of
corrections to the revised final tank
. system standards (51 FR 29430). Since
that time, a number of additional
typographical or coding errors in the.
final rules or in. the notice of corrections.
have been brought to EPA's attention.
Several coding errors were a result of
EPA's omission on several occasions of
the word "system" when the term "tank
system" as opposed to "tank" was
intended to be used. In general, it is the
Agency's intent that both a regulated
hazardous waste tank and its ancillary
equipment be subject to the revised
standards of July 14,1986. As such, EPA
promulgated a definition of "tank
system." Although the Agency tried to
ensure that the term "tank system" was
incorporated, wherever applicable, into
the final rule, EPA apparently
overlooked several situations where this
term should have been likewise
inserted. As previously discussed in
Section ILA.l, the definition of .
"elementary neutralization unit" and
"wastewater treatment unit" should
have included the term "tank system.'"
Likewise, the word "system" was
inadvertently omitted from 40 CFR
264.190 and 265.190. In these paragraphs,
the exemption from secondary
containment was intended to apply to
any tank and its ancillary equipment,
i.e., any portion of the tank system,
situated inside a building with an
impermeable floor. In 40 CFR 264.190(b)
and 265.190(b) a different omission-
occurred. Although the Agency's intent
is not to require secondary containment
of tank systems, including sumps, that
serve the purpose of secondary
containment. EPA does intend that these
secondary containment systems, or
portions thereof, must meet the design,
installation, and operation requirements
for a secondary containment system in
accordance with 40 CFR 264.193(b)-(i]
and 265.193(bHi)- K is EPA's intent that
these units be exempted only from 40
CFR 264.193(a) and 265.193(a), that, in
any case, is redundant of the provision
requiring secondary containment
Another omission occurred in 40 CFR
264.193(f) and 265.193(f) in that EPA
neglected to include aboveground.
seedless valves under the exemption
from secondary containment. As
evidenced in the preamble discussion
for the July 14,1986 standards (51 FR
25450), it was the Agency's intent that
the exemption be applicable to these
valves. A detailed discussion of this
omission is provided in Section ILB.3.
EPA, in the process of including tank
systems in the applicability section of
the closure and post-closure
requirements hi Subpart G (40 CFR
265.110), inadvertently deleted the
previously existing 40 CFR 265.110(b}(2),
that addresses the applicability of
Subpart G to waste piles and surface.
impoundments. Consistent with 40 CFR
284.110, EPA is today reinstating this
provision in 40 CFR 265.110 and
.renumbering, the paragraph as applied to
, tank- systems. Today's rule also..
incorporates a conforming change into
40 CFR 264;114 and 265.114. In the
revised tank system standards, EPA
promulgated specific closure and post-
closure care requirements in 40 CFR
264.197 and 265.197 and stated that tank
systems also must meet the
requirements of Subparts G and H,
unless otherwise specified. EPA.
neglected to make the cross-reference in
40 CFR 264.114 and 265.114 to allow
alternate post-closure care for certain
tank systems as specified in CFR 264.197
and.265.197.
Several typographical errors have also
been brought to the Agency's attention.
In the first Note for 40 CFR 264.196 and
265.196, the reference to RCRA section
3004(u) and 3004(w), respectively, is a
mistake. The correct reference should be
RCRA section 30C4(v). Another
typographical error appeared in 40 CFR
265.201(c)(3) where a wrong citation of a
paragraph was made. Instead of
referring to "40 CFR 265.192(c)," a
provision that has nothing to do.with the
level of waste hi a tank, "40 CFR
265.2Ql(b)(3)" requiring that uncovered
tanks be operated to ensure at least 60
centimeters of freeboard, should have
been cited. In this notice, EPA is also
correcting these errors. ,
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.84086 Federal Register / Vol. 53. No. 171 / Friday, September 2. 1988 / Rules and Regulations
IV. Compliance With Administrative
Procedure Act Requirements
Section 553{b) of the Administrative
Procedure Act generally requires
proposal of administrative rulemakings
to receive public comment prior to
promulgation. However, section 553{b)
excludes certain types of rales from the
prior notice-and-comment requirement,
including interpretative rules and rules
for which public comment is
unnecessary. Because today's notice
includes only interpretative statements
concerning existing hazardous waste
tank system requirements and minor
technical corrections, prior notice and
the solicitation of public comment on
this notice is unnecessary.
List of Subjects in 40 CFR Parts 260,264,
255, and 270
Administrative practice and
procedure, Environmental protection.
Hazardous waste, Tank systems, Waste
storage and treatment, Water pollution
control. Water supply.
Dated: August 24,1988.
].W.McGraw.
Acting Assistant Administrator, Office of
Solid Waste and Emergency Response.
For the reasons set out in the
Preamble, Title 40 of the Code1 of Federal
Regulations is amended as follows:
PART 260HAZARDOUS WASTE
MANAGEMENT SYSTEM: GENERAL
40 CFR Part 280 is amended as
follows:
1. The authority dtatioa for Part 260
continues to read as follows:
Authority: Sees. 1006.2002(a), 3001 through
3007,3010,3014,3015.3017. 3018, and 3019 of
the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act
of 1978, as amended (42 U.S.C. 6905,6912(a),
6921 through 6927,6930, 6934,13935, 6937. 6938,
and 6939).
2. Section 260.10 is amended by
revising the following definitions in
alphabetical order:
§260,10 Definitions.
*.***»
"Elementary neutralization unit"
means a device which: (1} Is used for
neutralizing wastes that are hazardous
only because they exhibit the corrosivity
characteristic defined in § 261.22 of this
chapter, or they are listed in Subpart D
of Part 261 of the chapter only for this
reason; and
(2] Meets the definition of tank, tank
system, container, transport vehicle,*or
vessel ha § 260.10 of this chapter.
*;«»«*
"Wastewater treatment unit" means a
device which: (1) Is part of a wastewater
treatment facility that is subject to
regulation under either section 402 or
307(b) of the Clean Water Act; and
(2) Receives and treats or stores an
influent wastewater that is a hazardous
waste as defined in § 261.3 of this
chapter, or that generates and
accumulates a wastewater treatment
Sludge that is a hazardous waste as
defined in § 261.3 of this chapter, or
treats or stores a wastewater treatment
sludge which is a hazardous waste as
defined in § 261.3 of this Chapter; and
(3) Meets the definition of tank or tank
system in § 260.10 of this chapter.
PART 264STANDARDS FOR
OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL
FACILITIES
40 CFR Part 264 is amended as
follows:
3. The authority citation for Part 264
continues to read as follows:
. Authority: Sees; 1006,2002,3004, and 3005
of the Solid Waste Disposal Act as amended
by the Resource Conservation and Recovery
Act of 1976, as amended (42 U.S.C. 6905,
6912(a). 6924, and 6925).
4. Section 264.114 is amended by
revising the first sentence to read as -
follows: -
§264.114- Disposal or decontamination of
equipment, structures and soils.
During the partial and final closure
periods, all contaminated equipment,
structures and soils must be properly
disposed of or decontaminated unless
otherwise specified in §§ 264.197,
264.228, 264.258, 264.280 or § 264.310. * *
5. Section 264.190 is amended by
revising the first sentence of paragraph
(a) and by revising paragraph (b) to read
as follows:
§264.190 Applicability.
* * * * *
(a) Tank systems that are used to
store or beat hazardous waste which
contains no free liquids and are situated
inside a building with an impermeable
floor are exempted from the
requirements in § 264.193. * * *
(b) Tank systems, including sumps, as
defined in § 260.10, that serve as part .of
a secondary containment system Jo
collect or contain releases of hazardous
wastes are exempted from the
requirements hi § 264.193(a).
*****
6. Section 264.193 is amended by
revising paragraph (fj(3) to read as
follows:
§ 264.193 Containment and detection of
releases.
*****
(f)*** -
(3] Sealless or magnetic coupling
pumps and sealless valves, that are
visually inspected for leaks on a daily
basis; and »
*****
7. Section 264.196 is amended by
revising the first Note to read as follows: -
§ 264.196 Response to leaks or spills and
disposition of leaking or unfIt-for-use tank
systems. .
*****
Note.The Regional Administrator may,
on the basis of. any information received that
there is or has been a release of hazardous
waste or hazardous constituents into the
environment, issue an order under RCRA
section 3004(v), 3008(h), or 7003(a) requiring '
corrective action or such other response as
deemed necessary to protect human health or
tne environment
PART 26S INTERIM STATUS
STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
' 40 CFR Part.265 is amended as
follows: ; .
, a. The authority citation for Part 265
continues to read as follows:
Authority: Sees. 1006, 2002(a), 3004, 3005,
and 3015. Solid Waste Disposal Act, as
amended by the Resource Conservation and'
Recovery Act as amended (42 U.S.C. 6905,
6912(a)t 6924, 6925, and 6935).
9. Section 265.110 is amended by
redesignating existing paragraph (b)(2)
as {b){3), and adding a new paragraph
db][2J to read as follows: -
§265.110 Applicability.
..
(2) Waste piles and surface .
impoundments for which the owner or
operator intends to remove the wastes
atr closure to the extent that these
sections are made applicable to such
facilities in § 265.228 or § 265.258; and
» * * * *
10. Section 265.114 is amended by
revising the first sentence to read as
follows:
§ 265.114 Disposal or decontamination of
equipment, structures and soils.
During the partial and final closure
periods, all contaminated equipment,
structures and soil must be properly
disposed of, or decontaminated unless
specified otherwise in §§ 265.197,
285.228, 265.258, 265.280, or 265.310. * * *
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Federal Register / Vol. 53, No. 171 / Friday. September 2. 1988 / Rules and Regulations 34087
11. Section 265.190 is amended by
revising the first sentence of paragraph
(a) and by revising paragraph (b) to read
as follows:
§285.190 Applicability.
» * * * *
(a) Tank systems that are used to
store or treat hazardous waste which
contains no free liquids and that are
situated inside a building with an
impermeable floor are exempted. from
the requirements in § 265.193. * * *
(b) Tank systems, including sumps, as
defined in § 260.10, that serve as part of
a secondary containment system to
collect or contain releases of hazardous
wastes are exempted from the
requirements in § 265.193(a).
*****
12. Section 265.193 is amended by
revising paragraphs (f](3) and (g)(3)(iii)
to read as follows:
§ 265.193 Containment and detection of
releases.
*****
(£)"'
(3) Sealless or magnetic coupling
pumps and sealless valves, that are
visually inspected for leaks on a daily
basis; and
..
(3) * *.* ' ' 4£S%*>~ -
' ' *»<"i' ft- ' '
(ill) If contaminated soil cannot be
removed or decontaminated in
accordance with paragraph (g)(3)(ii) of
this section, comply with the
requirements of § 265.197(b);
* * * * . *
13. Section 265.196 is amended by
revising the first Note to read as follows:
§ 265.19S Response to leaks or spills and
disposition of leaking or unfit-for-usa tank
systems.
* * * ' * *
Note. The Regional Administrator may,
on the basis of any information received that
there is or has been a release of hazardous
waste or hazardous constituents into the
environment, issue an order under RCRA
section 3004{v). 3008(h), or 7003(a) requiring
corrective action or such other response as
deemed necessary to protect human health or
the environment
*****'
14. Section 265.201 is amended by
revising paragraph (c)(3) to read as
fellow's:
§ 265.201 Special requirements for
generators of between 100 and 1,000 kg/
mo that accumulate hazardous waste in
tanks.
(c) * * *
(3) The level of waste hi the tank at
least once each operating day to ensure
compliance with § 265.201{b}(3); .
PART 270EPA ADMINISTERED
PERMIT PROGRAMS: THE
HAZARDOUS WASTE PERMIT
PROGRAM
40 CFR Part 270 is amended as
follows:
15. The authority citation for Part 270
is revised to read as follows:
Authority: 42 U.S.C. 6905, 6912. 6924..692S,
6927, 6939, and 6974.
16. Section 270.2 is amended by -
revising the following definitions in
alphabetical order
§270.2 Definitions.
*****
Elementary neutralization unit means
a device which: (a) Is used for
neutralizing wastes only because they
exhibit the corrosivity characteristic
defined in § 261.22 of this chapter, or are
listed hi Subpart D of Part 261 of this
chapter only for this reason; and (b)
Meets the definition of tank, tank
system, container, transport vehicle, or
vessel in § 260.10 of this chapter.
* * * * .* * .
- Waste water treatment unit means 'a .
device which:
(a) Is part of a wastewater treatment
facility which is subject to regulation
under either section 402 or 307(b) of the
Clean Water Act; and
(b) Receives and treats or stores an.
influent wastewater which is a
hazardous waste as defined in § 261.3 of
this chapter, or generates and
accumulates a wastewater treatment
sludge which is a hazardous waste as
defined in § 261.3 of this chapter, or
treats or stores a wastewater treatment
sludge which is a hazardous waste as
defined in § 261.3 of this chapter; and
(c) Meets the definition of tank or tank
system in 1260.10 of this chapter.
***.**
[FR Doc. 88-19630 Filed 9-1-88; 8:45 am]
BILLING CODE C560-50-M
FEDERAL EMERGENCY
MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA 6806]
Suspension of Community Eligibility;
Alabama et aL
AGENCY: Federal Emergency
Management Agency, FEMA.
ACTION: Final rule.
SUMMARY: This rule lists communities,
where the sale of flood insurance has
been authorized under the National
Flood Insurance Program (NFIP), that
are suspended on the effective date
shown hi this rule because of
noncompliance with the revised
floodplain management criteria of the
NFIP. If FEMA receives documentation
that the community has adopted the
required revisions prior to.the effective
suspension date given in this rule, the
community will not be suspended and
the suspension will be withdrawn by
publication in the Federal Register.
ELECTIVE DATE: As shown in fifth
column.
FOR FURTHER INFORMATION CONTACT:
Frank H. Thomas, Assistant
Administrator, Office of Loss Reduction,
Federal Insurance Administration,
Federal Center Plaza, 500 C Street SW.,
Room 416, Washington, DC20472, (202)
646-2717. .
SUPPLEMENTARY INFORMATION: The
NFIP enables property owners to
purchase flood insurance at rates made
reasonable through a Federal subsidy. In
return, communities agree to adopt and
administer local floodplain management
measures aimed at protecting lives and
new construction from future flooding.
Section 1315 of the National Flood
Insurance Act of 1968, as amended (42
U.S.C. 4022), prohibits flood insurance
coverage as authorized under the NFIP
(42 U.S.C. 4001-4128) unless an
appropriate public body shall have
adopted adequate floodplain
management measures with effective
enforcement measures.
On August 25,1936, FEMA published
a final Tule in the Federal Register that
revised the NFIP floodpiain management
criteria. The rule became effective on
October 1,1986. As a condition for
continued eligibility in the NFIP, the
criteria at 44 CFR 60.7 require
communities to revise their floodplain
management regulations to make them
consistent with any revised NFIP
regulation within 6 months of the
effective date of that revision or be
subject to suspension from participation
in the NFIP.
The communities listed in this notice
have not amended or adopted floodplain
management regulations that
incorporate the rule revision.
Accordingly, the communities are not
compliant with NFIP criteria and will be
suspended on the effective date shown
in this final rule. However, some of
these communities may adopt and
submit the required documentation of
legally enforceable revised floodplain
management regulations after this rule is
-------
34088 Federal Register / Vol. S3. No. 171 / Friday. September 2. 1988 / Rules and Regulations
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
their eligibility for the sale of insurance.
A notice withdrawing the suspension of
the communities will be published in the
Federal Register. In the interim, if you
wish to determine if a particular
community was suspended on the
suspension date, contact the appropriate
FEMA Regional Office or the NFIP
servicing contractor.
Tho Administrator finda that notice
and public procedures .under 5 U.S.C.
533 (b) are impracticable and
unnecessary because communities listed
In this final rule have been adequately
notified. Each community receives a 90-
and 30-day notification addressed to" the
Chief Executive Officer that the
§64.6 U»t of Eligible Communities.
community will be suspended unless the
required floodplain management
measures are met .prior to the effective
suspension date. For the same reasons,
this final rule may take effect within less
than 30 days.
Pursuant to the provision of 5 U.S.C.
605(b), the Administrator, Federal
Insurance Administration, FEMA,
hereby certifies that this rule, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities. As stated in
Section 2 of the Flood Disaster
Protection Act of 1973, the establishment
of local floodplain management together
with the availability of flood insurance
decreases the economic impact of future
flood losses to both the particular
community and the nation as a whole.
This rule in and of itself does not have a
significant economic impact. Any
economic impact results from the
community's decision not to adopt
adequate floodplain management
measures, thus placing itself in
noncompliance with the Federal
standards required for community
participation.
List of Subjects in 44 GFR Part 64
Flood insurance and floodplains.
PART 64tAMENDED]
1. The authority citation for Part 84
continues to read as follows:
Authority: 42 U.S.C. 4001 etseq.,
Reorganization Plan No. 3 of 1978, E.O.12127.
2. Section 64.6 is amended by adding
in alphabetical sequence new entries to
the table.
State
TAV«« *
Do - - -
Do .
Do
Do,,.,. . ,- , ,
DOun ..... .,......., , , ,
Do , .,
Do --,.,, -- --, -
Do
Do
Do ' ' - --j '
n« ' ' .-.- '
Do ' ' " :- ' '
no ,-',, , , , .-.;:,. ;.;,!
Do !' * ..
Do ..,,i --i IN -
Do ,.,,,,-, ,
Do, , ,,,
Do , , , , ,,',..-
Do .1
D",,,. ,.. , ,,-.
Do . . . .,,..,.,
Do ' _ _
Alabama ....,,. ,.,.,. ...... «
FIofMt ,..,.,
Do.,., ,.,-,-,---, -,-
Kantiieky
DOJ1MJ1U ..-,,-,,--
Do ,, ,,
North CsfoBnfl i.. i,.,n.
Do ! - , ,, ,--
Do , " . ---,.....,
Do
Do - , - , .,.,,
South CvoKm... ..,,,,
Do .. ..- ,. ,
Tflwwssftfiui 11 ii
Do
Do , -.--
Do . . ....
Do , ,--
Now York .,.. ....,..,..,.,
Do
Do
Do ,..., ,.., .
Do,,, ,, ,.,-,,,
Do , ,-,,
Do
Do
Do , , ,
Do --
Do
Do
Community Name
'UnfneofporatwJ area* ,,,,,,,' ,
LmVemfa. city of. ............ ..
Ladonia, city of , ,,,« L,,,,,, .*."»». ...;.<,
Lake Ransom Canyon, village of «».
Marfa, city of.»« *....». «
Morion* city of ,.,.. .......i,«,,M.,,.WTn,m«.,mVTtMTT- "
Nash, city of « -...
iNsodviltei town of *.....« «....,,..,I,,,,,,n,.,,,..,,«r.«,.1,
UnJocofpofated areas............. ............... ..«,,....
NoinisftQstfi dty of .»««... .»^*» t,...,...«
Prinfont tOWn Of. . '.,.»'. m -i in mum. ..i u-
Rflftoi city of M.L--I-IT---I-- i
Sin DrfrtJO»City Of,... iMiii..iru.iinii,miTT-.Tiri-n i ii
SfHigravft*, city of '.,.., , ,.-,.,m,,n-T.T-.T i. r
Shamrock, city of...- ........, .,..,,,,.1, ..»......«.»..«..
TflfWtW, City Of , , mm, -..r --.r.i.i Mi -T.t.M.n.t.Mr.
Trrnitv ritvof
TOscola, city of «««-«««.««.««...*.....«.«....«,«....«««.«»«..«
VaJ6ntin0 town of
Warren Cfty, city of .».»».».«.»»...»...».»...«.».....«».«.
Taitassee town of ...... *.»..»».«««..»«.».»..».«.»
Pahokee. citv of .«..«».« »«.«»....»...»..»»..»............
Pernbroks Park, town of ...»*«...»..»*...»..«».«».»».««.....««»
Unincorporated areas .*.
South Shore, city of .,
Tayfor MiH, city of « .,............!,
KW Devil Hills town of ^^T-T
Unfncofporatod flr@as.H.r. ....
Kfnston, city of ,...,^.,...
Baybofo, town 6f......« «. .*. u^ur /
Vandenwr^, tcwn of.. - ..»
Port Royal, town of.:., .,,,,,.,. .,--
SulHvans Island, township of ,....,,......,t,,t,r ,!
Unincorporated afea3...«~. w»..»-. ...«.».,..»...»..
Rockwood city of ....... .........n,,.m.iTt
Unincofporatod areas..**.»»**»*.*»»«.».H..«.«.*«...M....i..»«-.«
r4f*
Afkport, village of .-««.,..«..««.».«..«..««..«...«.........«.....
Ballston Spd, villaQQ of . «« .« .........,.«....
Black Brook, town of.»»*...»«.M.»«»..».»«.»»«.».«.»»»«»»»*
Boonvillo, town of ...«.««*««.»..«.».«...«»«...«....«.««««.»«.««.
Bradford, town of .*»»»««»«»»»**»»»»».».««««»..
Broadaibin, viltags of .«.»«.....»».«.««.».».»..»«.».»««.«.«»«.
Canastota villago of ..................... »**..«....».««..»>.»*».*.
Cazenoria, village of «..««»...»..-....«. ».....».
County
Khiwy. _____,_.____,_,_
Hart^-............. ,. .
WHWf*.....'..L nm.um .. . - u.n - i
Lubbock _ ~
Presidio....... ...... .
Cochran ..»*.»..»..«.*««.«««««.....«..«».
Boww
Fort Bend..m._ «. . ;._.
Newton ' ...._..
L«on..............,,.«,...»,....._
Camoron ;..,..,,,.,., ,,,,....,,.,,,.,.,,i,,,,.,
\qnv\r , t ,,,, ;
Tkwal ..... ;..,......: -;,-,
Gainflfl .._.,, ,,,,,,,,,1,,, ,,,,,,,
Wh^)qf ;. .,..,..
San Jacinto
Shelby.
Henderson. .... .................
Trinity .««.«.»»».»«*»«.»»».....«»»».««..
Tavtof
Jeff Davis ..M.».m. .H......».»M..
QfQgg M M t .... ...»
Tallapoosa
Palm Beach MH^.....................
Broward .M»«M..M..H«..MV...».M.»..
Rowan . «»»»»«.«.««»..»»»».........»...
Greenup . nn nfe .' . .
Kanton ,_.......,
Djirn ,,,-,-,.,-,,.,....,.....,.,...,.....,.
L'irmir,, ,.,...,.,..,......,. ....,.,..,.. ,.,..., .:..,.
do_ ' '. ._. -.
Pamlico-.«_ «~ __..._._
. do.......u....",....,..,.., ....,.,
Beaufort
Chtrtnston.,,.,,.,..;...... ,....,
Roan0.».«M.M«.m«HHMHMMH»..M».»...».
do
RuUierford...
Suntner..........»H.».....H........«..».......H....
Claibome «... .
Suffolk _.»
Genessee :
Montgom@fy ...» ...
Columbia . . » H » »
Steuben H.»«HW...H..H...».«........«..
SaratoQa»*«t.M*»H».».»H».......»H .............
Clinton ._...............................................
Oneida » » .. «..« . .. ««.» ... . »
Steuben . »«., « ».
Fulton ..... - ».. _
Madison..-.. .__. . _..... _
do - .
Community
No.
481176
480845
481050
480811
481577
481493
480127
480058
480820
480499
480436
481198
481254
481199
, 480239
480658
480554
481006
480333
481033
481017
481131
480840
010069
120219
120052
210203
210091
210246
375353
370144
370145
370183
370438
450028
455418
470267
, 475443
470165
470349
475449
361518
361067
360440
361312
360763
360710
361309
360519
361207
361128
360393
360394
Effective date
Sept 2, 1988.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Da
Do.
Do.
Do.
Do;
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do. '
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Sept. 16, 1988.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
------- |