United States
Environmental Protection
Agency
Office of Enforcement and
Compliance Assurance
(2223-A)
EPA/305-B-97-009
September 1997
Benzene NESHAP FAQ
Handbook for
Subparts BB and FF
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Acknowledgments
The U.S. Environmental Protection Agency's (EPA) Manufacturing, Energy &
Transportation Division in the Office of Enforcement and Compliance Assurance
would like to express thanks and appreciation to everyone who helped make this
Benzene MSHAP FAQ Handbookposshk.
Special thanks to the Regional Benzene NESHAP Workgroup Members: Fred Weeks,
EPA Region 1; Harish Patel, EPA Region 2; Paul Dressel, EPA Region 3; Mirza Baig,
EPA Region 4; Kathy Keith, EPA Region 5; Martin Brittain, EPA Region 6; Bill
Peterson, EPA Region 7; Scott Whitmore, EPA Region 8; John Kim, EPA Region 9;
Doug Hardesty and Andrea Longhouse, EPA Region 10; Bob Lucas, OAQPS; and
Charles Garlow and Rafael Sanchez, EPA Headquarters. Also thanks to Kirk Saffell,
CITGO Petroleum Corporation; Manisha D. Blair, Colorado Department of Public
Health and Environment; Ralph Edwards, The Coastal Corporation; Ronald L.
Andes, Marathon Oil Company; Lawrence Bunting, Tennessee Division of Water
Pollution Control; and the Cement Kiln Recycling Coalition whose review and
comments helped make this handbook comprehensive and accurate.
Disclaimer
The statements in this document are intended solely as guidance and should not be
used as a source for regulatory compliance. For further details on the referenced
sections, see the appropriate section of the Code of Federal Regulations. Additionally,
this document is not intended, nor can it be relied upon, to create any rights
enforceable by any party in litigation with the United States. EPA and State officials
may decide to follow the guidance provided in this document, or to act at variance
with the guidance, based on an analysis of specific site circumstances. This guidance
may be revised without public notice to reflect changes in EPA's policy. Mentions of
trade names or commercial products in this document or associated references does
not constitute an endorsement or recommendation for use.
Prepared for the USEPA 's Office of Enforcement and Compliance Assurance by Geologies
Corporation under Contract Number 68-D4-0024.
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Contents
Background 4
Subpart BB—Benzene Transfer Operations 5
Exemptions 5
Definitions 7
Subpart FF—Benzene Waste Operations 8
Reporting 8
Definitions 11
Spent Caustic from Refineries 16
Containers 18
Facility Applicability 20
Wastestream Applicability 29
Controls & Standards 34
Cement Kiln Facilities 37
Miscellaneous 39
Appendices 42
Internet Availability 42
Additional Resources 42
EPA Contacts List 43
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Background
In September 1989, the U.S. Environmental Protection Agency promulgated
National Standards for Hazardous Air Pollutants (NESHAP) to limit benzene
emissions from several source categories. These source categories included
benzene transfer (Subpart BB) and benzene waste operations (Subpart FF).
Due to the complexity of these regulations, the EPA developed this Benzene
NESHAP FAQ Handbook to improve the understanding of these subparts by
compliance and enforcement personnel and members of the regulated
community that already have a basic knowledge of what these NESHAPs
require. It is the intent of the FAQ Handbook to address typical questions
that might arise involving compliance and enforcement in unusual or
unique circumstances. This FAQHandbookmll also provide interpretation
of compliance provisions of the standards based on the regulatory develop-
ment history.
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Subpart BB: Exemptions
Frequently Asked Questions on the
Benzene NESHAPs: SubpartsBBandFF
Subpart BB: Benzene Transfer Operation
Exemptions
Is a loading rack at a bulk terminal, that loads benzene-laden
liquid originating from a coke byproduct plant, and subse-
quently transports that product out via truck, tank car, and/or
marine vessel, exempt from the NESHAP for Benzene Transfer
Operations?
Loading racks at which benzene-laden liquid from coke byproduct recovery plants
are loaded are specifically exempted from Subpart BB (see 40 CFR §61.300). Since a
bulk terminal may include more than one loading rack, the language only exempts
individual loading racks. Further, it is the intent of the regulation to exempt loading
racks that handle only exempt liquids, for example, coke byproduct recovery plant
liquid. However, if any part of a loading rack that handles coke byproduct recovery
plant liquid also is used to handle liquid benzene (a nonexempt liquid), the source
must comply with the record keeping and reporting requirements of 40 CFR
§61.305 (i). Additionally, if the quantity of liquid benzene handled by the affected
facility exceeds 1.3 million liters of 70 weight-percent or more benzene annually, the
standards specified in 40 CFR §61.302 shall apply.
[Citations: 40 CFR §61.300, 40 CFR §61.305(i), and 40 CFR §61.302]
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Subpart BB: Exemptions
Are transfer operations which occur from marine vessel to
marine vessel (such as ship to barge, or barge to barge)
regulated by Subpart BB? These operations do not use the
land-based loading racks to transfer benzene from vessel-to-
vessel, but use portable pumps instead. No vapor collection
or vapor balancing occurs during these transfers.
Yes, but Subpart BB as written, does not exclude vessel-to-vessel benzene
transfers that take place at a benzene production facility or a bulk terminal
from vapor collection and emission control requirements. Moreover, Subpart BB
does not limit the vapor collection and emission control requirements to shore-
based transfers. However, the EPA has previously stated that despite the language
in the rule, the intent of Subpart BB, when drafted was not to include offshore or
vessel-to-vessel transfer operations.
[Citation: 40 CFR §63.561]
Are flare performance tests required during loading of a barge
when the loading takes approximately 24 hours?
Yes. A performance test according to Method 22 of appendix A of Part 61,
must be performed to determine visible emissions (Section 61.304 (b)). The
observation period must be at least 2 hours and shall be conducted according
to Method 22. Performance testing shall be conducted during at least three
complete loading cycles with a separate test run for each loading cycle.
[Citation: 40 CFR §61.304(b)]
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SubpartBB: Definitions
Definitions
What is the definition of a loading cycle?
Loading cycle means the time period from the beginning of filling a tank,
truck, railcar, or marine vessel until flow to the control device ceases, as
measured by the flow indicator. The loading cycle definition should not be
interpreted to mean the time from the start of loading an empty vessel; the
vessel can be partially full when a loading cycle is initiated. The definition of
a loading cycle may be found in 40 CFR §61.301.
[Citation: 40 CFR §61.301]
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SubpartFF: Reporting
Subpart FF - Benzene Waste Operations
Reporting
C Do amendments to Subpart FF, promulgated on January 7,
1993, expand the reporting requirements to facilities that are
not subject to Subpart FF (circa 1988)?
No. The EPA did not intend, with the amendments to Subpart FF, to expand
the reporting requirements to facilities that are not subject to Subpart FF.
There is no statement or discussion in the preamble that would lead the
reader to believe that this was the EPA's intent. The only facilities that must
submit a report under 40 CFR §61.357 are owners and operators of chemical
manufacturing plants, petroleum refineries, coke byproduct recovery plants,
and hazardous waste treatment, storage and disposal facilities that handle
wastes from these facilities.
[Citation: 40 CFR §61.357]
|l With respect to the initial report required under 40 CFR
§61.357(a), must a source that has less than 10 Mg/yr total
annual benzene-in-waste (TAB) report the information speci-
fied for all wastestreams or for just the wastestreams contain-
ing more than 10 percent water?
Yes. The regulation states that the initial report should summarize the
regulatory status of each wastestream subject to Subpart FF that was found to
contain benzene according to the methods in 40 CFR §61.355 (c) regardless
of the water content.
Section 61.357(a) lists three items that must be included in the initial report.
The third item, 40 CFR §61.357(a) (3) asks for the following six items for
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SubpartFF: Reporting
each wastestream not being controlled for benzene emissions in accordance
with Subpart FF:
1) whether or not the water content of the wastestream is greater than 10
percent;
2) whether or not the wastestream is a process wastewater stream, product
tank drawdown, or landfill leachate;
3) the annual waste quantity for each wastestream;
4) the range of benzene concentrations for the wastestream;
5) the annual flow-weighted benzene concentration for the wastestream;
and
6) the annual benzene quantity for the wastestream.
From this list, it is clear that the rule calls for all wastestreams to be described
in the initial report.
[Citations: 40 CFR§61.355(c), 40 CFR§61.357(a) and (a)(3)]
"7 May sources without the one year's worth of benzene monitor-
ing data that establishes the average annual benzene concen-
tration in waste use data obtained in the 90 days following
promulgation of the regulation to estimate the annual average?
Yes. Monitoring data obtained in the 90 days following promulgation of the
regulation to estimate the annual average benzene concentration is accept-
able. One year's worth of monitoring data is not a requirement if the facility
can justify that its data is representative of a year. The facility can use the
estimation until new information is obtained to update the annual average.
[Citations: 40 CFR §61.10 and 40 CFR §61.357]
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Subpart FF: Reporting
May a company change its annual report timing (due date)?
Yes. Facilities may change their reporting schedule after obtaining approval
and mutual agreement from EPA or its delegated agency under the provisions
of40CFR§61.10(e),(f),(g)and(j).
The rule specifies the following reporting time periods:
a) The initial report required by 40 CFR §61.357(a) is for all sources that
are subject to the 40 CFR Part 61, Subpart FF standard (s) and is to be
submitted within 90 days after January 7,1993, or by the initial start-up
date for a new source with an initial start-ups after the effective date of
Subpart FF, which is January 7,1993.
b) The report required by 40 CFR §61.357(b) is for all FF sources with a
TAB quantity that is < 1 Mg/yr, and is only to be submitted for updates of
the report required by 40 CFR §61.357(a) and within 30 days of any
change that could cause the facility's TAB to increase to 1 Mg/yr or more.
c) The report required by 40 CFR §61.357(c) is only for sources with a TAB
that is > 1 Mg/yr and < 10 Mg/yr and is to be submitted annually for
updates of the report required by 40 CFR §61.357(a) and within 30 days of
any change that could cause the facility's TAB to increase to 10 Mg/yr or
more [i.e., see 40 CFR §61.10 (c) ]. The annual report that is required by 40
CFR §61.357 (c) shall, therefore, be submitted no later than April 7 of each
calendar year (i.e., within 90 days after January 7) by existing facilities or
by the initial start-up date (i.e., day and month) for a new source with an
initial start-ups after the effective date of January 7,1993, for Subpart FF.
d) The annual report required by 40 CFR §61.357(d) (2) is only for sources
with a TAB quantity > 10 Mg/yr and is to be submitted annually as
follows: [See 40 CFR§61.357(d)(1) &(2).J
i) For those sources that did not obtain a waiver of compliance under
40 CFR §61.11, the annual report is required to be submitted on the
date (i.e., day and month), which has been certified by the source
that the necessary equipment to comply with the FF standards had
been installed and that the required inspections or tests had been
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SubpartFF: Definitions
carried out in accordance with Subpart FF, and in no event later
than April 7 of each year.
ii) For a new source with an initial start-up after the effective date of
Subpart FF Qanuary 7,1993), the annual report is required to be
submitted each year no later than the date of its initial start-ups.
iii) For those sources that did obtain a waiver of compliance under 40
CFR §61.11, the annual report is required to be submitted on the
date that the sources certified that installation of the necessary
equipment and tests had been completed to comply with Subpart FF,
and in no event later than the expiration date of its waiver of
compliance.
Reports must cover a year's time period, not just part of a year.
[Citations: 40 CFR §61.10(c), 40 CFR §61.11 and 40 CFR §61.357(a),
(b), (c),and(d)]
Q Does the rule require controls for any wastes at treatment,
storage, and disposal facilities (TSDF) that contain benzene when
the benzene in the wastes does not originate from petroleum
refineries, chemical plants, or coke byproduct recovery plants?
No.
[Citations: 40 CFR §61.340, and memorandum dated September 26,
1991 from Douglas M. Skie, Chief, Air Programs Branch, EPA Region 8 to
Dakota Gasification Company]
Definitions
How should the total annual benzene quantity be determined
in order for the benzene to be properly managed?
40 CFR §61.342 states that the total annual benzene quantity from facility
waste is the sum of the annual benzene quantity for each wastestream at the
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Subpart FF: Definitions
facility that has a flow-weigh ted average water content greater than 10
percent or that is mixed with water, or other wastes, at any time and has an
annual average water content greater than 10 percent. The total annual
benzene quantity is determined based on the quantity of benzene in the waste
before any waste treatment occurs to remove the benzene except as specified
in 40 CFR §61.355 (c) (1) (i) (A) through (D).
Where the owner or operator of a facility has chosen to treat the wastewater to
achieve a total annual benzene quantity from facility process wastewater less
than 1 Mg/yr, total annual benzene from facility process wastewater shall be
determined by adding together the annual benzene quantity at the point of
waste generation for each untreated process wastewater stream plus the
annual benzene quantity exiting the treatment process for each process
wastewater stream treated.
At a facility where the benzene content of each wastestream entering the waste
management unit is less than 10 ppmw on a flow-weighted annual average basis
and the total annual benzene quantity contained in all wastestreams managed
or treated in exempt waste management units comprising the facility wastewater
treatment systems is less than 1 Mg/yr, the total annual benzene quantity shall
be calculated as the sum of the individual benzene quantities determined at each
location where a wastestream first enters an exempt waste management unit.
The benzene quantity discharged from an exempt waste management unit
shall not be included in this calculation.
The EPA used the term "total annual benzene quantity managed" or "total
annual benzene quantity" several places in the regulation where a summa-
tion of annual benzene waste is required. However, when people refer to TAB,
they are referring only to the summation of annual aqueous wastes which
determines whether a facility needs to install controls and treat wastes. The
term "total annual benzene quantity" is also used in certain compliance
approaches, and these calculated quantities will be different from the TAB.
[Citations: 40 CFR §61.342(d) and 40 CFR §61.348(b) and (c)]
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Subpart FF: Definitions
Define "point of waste generation"?
"Point of waste generation" is the location where the wastestream exits the
process unit component or storage tank prior to handling or treatment in an
operation that is not an integral part of the production process (e.g., a waste
management unit), or in the case of waste management units that generate
new wastes after treatment, the location where the wastestream exits the waste
management unit component.
[Citation: 40 CFR §61.341]
12 Do hydrocarbons, specifically benzene, that have been lost
through leaks and/or spills at a refinery and have collected
underground on the surface of groundwater meet the definition
of a waste under the Benzene Waste NESHAP (40 CFR
§61.341)?
"Waste" is defined by the standard as any material resulting from industrial,
commercial, mining, or agricultural operations, or from community activities
that is discarded or is being accumulated, stored or physically, chemically,
thermally, or biologically treated prior to being discarded, recycled or dis-
charged. The subject hydrocarbons, including Benzene, as described, are not
considered to meet this standard's definition of waste until such time as they
are discarded or they are being accumulated, stored or etc. Upon remediation
of the hydrocarbons, however, they become remediation waste (i.e., accumu-
lated, stored, etc.) and are addressed by the standard in the following manner.
Remediation waste are excluded from a facility's TAB calculation by the
standard to encourage facilities with a TAB < 10 Mg/yr to undertake voluntary
remediation actions. Although remediation wastes are excluded from TAB, at
facilities having a TAB > 10 Mg/yr, remediation wastes are subject to the rule's
control requirements in the same manner as any other wastes.
[Citations: 40 CFR §61.341,40 CFR §61.342(a) (3), and 58 FR 3074]
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Subpart FF: Definitions
Do cooling towers meet the definition of a process unit under
the Benzene Waste NESHAP?
No. Cooling towers do not produce products, they merely provide a means for
different streams to be cooled. Cooling towers serve as support for the actual
processing units. Therefore, cooling towers are not process units.
[Citation: 40 CFR §61.341]
What is the definition of a container under Subpart FF?
The definition of a containerunder Subpart FF 40 CFR §61.341 is:" Con-
tainermeans any portable waste management unit in which a material is
stored, transported, treated, or otherwise handled. Examples of containers are
drums, barrels, tank trucks, barges, dumpsters, tank cars, dump trucks, and
ships."
This standard definition of container in Subpart FF does not include capacity or
size limitations. However, a determination has been made that size and capacity
limitations for containers specified in the Hazardous Organic NESHAP (HON),
Subpart G, codified in 40 CFR §63.111 are applicable to the benzene NESHAPs,
Subpart FF. The definition of a container \rnfa Subpart G is: "Container, as
used in the wastewater provisions means any portable waste management unit
that has a capacity greater than or equal to 0.1 cubic meters (26.4 gallons) in
which a material is stored, transported, treated, or otherwise handled. Examples
of containers are drums, barrels, tank trucks, barges, dumpsters, tank cars,
dump trucks, and ships." Additionally, containers which are less than or equal
to 0.42 cubic meters (111 gallons) and meet the DOT specifications and testing
requirements under 49 CFR Part 178 are exempt from monitoring requirements
under Subpart FF provided that these containers are covered and not vented to
the atmosphere. The determinations on size and capacity limitations were
promulgated in a June 27,1995 letter from Samuel Coleman, EPA Region 6,
Director - Air, Pesticides and Toxics Division, to the Dow Chemical Company.
[Citations: 40 CFR §61.341,40 CFR §63.111, and June 27,1995 letter from
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SubpartFF: Definitions
Samuel Coleman, EPA Region 6, Director—Air, Pesticides and Toxics
Division, to the Dow Chemical Company]
11% Are individual drain systems, which often contain junction
boxes, included in the definition of waste management units
and subject to 40 CFR §61.346?
Yes. Individual drain systems, which may contain junction boxes, are
included in the definition of waste management units, and are subject to 40
CFR §61.346.
[Citation: 40 CFR §61.346]
How does the regulation define the terms facility and stationary
source?
A facility is all process units and product tanks that generate waste within a
stationary source, and all waste management units that are used for waste
treatment, storage, or disposal within a stationary source. A stationary source
is any building, structure, facility, or installation which emits or may emit any
air pollutant which has been designated as hazardous by the Administrator.
These terms are defined in the General Provisions in 40 CFR 40 CFR §61.02.
[Citations: 40 CFR §61.341 and 40 CFR §61.02]
17 What is the definition of wastestream?
11
40 CFR §61.341 states that a wastestream is the waste generated by a particu-
lar process unit, product tank, or waste management unit. The characteristics
of the wastestream (e.g., flow rate, benzene concentration, water content) are
determined at the point of waste generation. Examples of a wastestream
include process wastewater, product tank drawdown, sludge and slop oil
removed from waste management units, and landfill leachate.
[Citation: 40 CFR §61.341]
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Subpart FF: Spent Caustic From Refineries
Spent Caustic From Refineries
1Q Does spent caustic always meet the definition of waste found in 40 CFR
§61.341?
No. Spent caustic does not always meet the definition of waste found in 40 CFR
§61.341. Where spent caustic is used as a raw material for manufacturing or is
processed into a final product it does not meet the definition of a waste because
it is not discarded, recycled or discharged. However, the manufacturing process
that transforms the spent caustic into another product may well generate other
wastestreams containing benzene that would be required to be addressed under
Subpart FF.
[Citation: 40 CFR §61.341]
Is benzene containing spent caustic generated by a refinery or
other Subpart FF facility, which is then sold, a Subpart FF waste
for the generating facility?
Yes. Benzene containing spent caustic generated by a refinery or other
Subpart FF facility, which is sold, is a Subpart FF waste for the generating
facility.
[Citations: 40 CFR §61.342(a) and 40 CFR §61.355(a)]
OQ Must spent caustic be included in a refinery's total annual
benzene determination?
Any subject facility, not just refineries, that generates spent caustic as a waste
must include it in their total annual benzene determination. If the generat-
ing facility processes the spent caustic into a final product that is not
discarded, recycled or discharged, it does not meet the definition of waste and
does not need to be included in the TAB determination.
[Citation: 40 CFR §61.355(a)]
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Subpart FF: Spent Caustic From Refineries
Are facilities which elect to comply with the compliance option specified
in 40 CFR §61.342 (e) (i.e., benzene quantity equal to or less than 6.0
Mg/yr) required to include the benzene quantity of all spent caustic
waste in the determination in accordance with methods described in 40
CFR §61.355 (k)?
Yes. The benzene quantity of all spent caustic waste must be included in the
determination in accordance with methods described in 40 CFR §61.355 (k).
However, where spent caustic is processed into a final product at the facility
generating it and, the spent caustic, therefore, does not constitute a waste, it
would not be included as part of the determination for the 6 Mg/yr treat to
target benzene quantity.
[Citations: 40 CFR §61.355(a) and (k) and 40 CFR §61.342(e)]
22 If a refinery sends spent caustic solutions to a chemical manu-
facturing company, when must the refinery measure the ben-
zene quantity in spent caustic solutions?
For measuring TAB, EPA acknowledges that "spent caustic' may or may not
meet the definition of waste and should, therefore, be reviewed on a case by
case basis. The rule for measuring TAB pertains to spent caustic solutions; i.e.
refineries must measure the benzene quantity in spent caustic solutions at the
first unit which does not comply with appropriate control requirements of
Subpart FF. That first unit can be at the generating facility or at an offsite
location.
Spent caustic that do not meet any of the applicable exemptions for "control
& treatment' of Subpart FF at the generating refinery are classified as wastes.
When the spent caustic solutions are a waste at the facility where it is gener-
ated, that refinery must measure the benzene quantity in spent caustic
solutions at its point (s) of generation and include that Benzene quantity in
the refinery TAB, even though the spent caustic will be made into a product
offsite by another facility. The facility receiving the spent caustic must meet
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Subpart FF: Containers
the control requirements of Subpart FF at its facility until the spent caustic
solution is transformed into another product. That transformation process
may also generate other benzene containing wastestreams that the chemical
manufacturing facility will have to address under Subpart FF. It is also worthy
to note that the provisions of 40 CFR §61.342 (f) for treating wastes offsite do
not apply to facilities opting to comply with 40 CFR §61.342 (e). See 40 CFR
§61.342 (e) (2) (i).
Refineries using the benzene quantity from an offsite location require
documentation from the offsite facility. Refineries without this documenta-
tion for offsite wastes must use the benzene quantity determined at the point
where the transferred waste leaves the facility.
[Citations: 40 CFR §61.342(e) and (f)]
Containers
How should certain types of equipment known as vacuum
trucks and vector tanks be treated?
Vacuum trucks and vector tanks meet the definition of "containers" in 40
CFR §61.341 and must comply with the requirements of 40 CFR §61.345.
Each opening shall be maintained in a closed, sealed position at all times
except when it is necessary to use the opening for waste loading, removal,
inspection, or sampling.
[Citations: 40 CFR §61.341 and 40 CFR §61.345]
Are containers which are not opened at a transfer/storage
facility required to be counted as part of the total annual
benzene quantity in a facilities waste determination?
The benzene in all wastes received from petroleum refineries, chemical
plants, and coke byproduct plants should be included in the determination
of total annual benzene quantity for the facility. If the facility's TAB is
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Subpart FF: Containers
equal to or greater than 10 Mg/yr, then all waste management units at the
facility in which these wastes are managed are subject to the control
requirements of the rule.
[Citation: 40 CFR §61.355 (a)]
Are containers at a transfer/storage facility subject to the container
standards in 40 CFR §61.345?
A container at a transfer/storage facility would be subject to the control
requirements in 40 CFR §61.345 if either of the following conditions exists: 1)
the facility has a TAB equal to or greater than 10 Mg/year based on wastes
received from petroleum refineries, chemical plants, and coke byproduct
plants and the waste in the container does not qualify for any of the exemp-
tions in the rule; or 2) the generator of the waste notified your facility that the
waste must be controlled to meet Subpart FF as required under 40 CFR
§61.342 (f) (2) if a generator ships offsite a waste that would have had to be
controlled at the generator site.
[Citation: 40 CFR §61.342(0(2) and 40 CFR §61.345]
What containers under Subpart FF are not subject to monitor-
ing requirements?
Containers are exempt from monitoring requirements if they have a volume less
than or equal to 0.42 cubic meters (111 gallons) and meet the DOT specifica-
tions and testing requirements under 49 CFR §178, provided these containers
are covered and not vented to the atmosphere. This determination was promul-
gated in a June 27,1995 letter from Samuel Coleman, EPA Region 6, Director -
Air, Pesticides and Toxics Division, to the Dow Chemical Company.
[Citations: June 27, 1995 letter from Samuel Coleman, EPA Region 6,
Director—Air, Pesticides and Toxics Division, to the Dow Chemical
Company and 40 CFR §63.111]
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SubpartFF: Facility Applicability
97 Are activities such as liquefying, filtering, and mixing or
agitation considered treatment under the container standard?
Yes. Activities such as liquefying, filtering, and mixing or agitation would be
considered treatment under the container standard. Liquefying, filtering,
mixing, or agitation are considered treatment of the waste as described in 40
CFR §61.345 (a) (3) and therefore need to be appropriately controlled.
[Citation: 40 CFR §61.345 (a) (3)]
Facility Applicability
OQ Are mixing or blending facilities subject to 40 CFR Part 61
Subparts BB and FF even if they are not involved in the original
manufacturing of the chemicals?
Yes. There is no exclusion for chemical mixing facilities. A facility's general
process description as a mixing facility does not give a full explanation of
whether or not they create benzene-containing wastestreams. The preamble
to Subpart FF (55 FR 8319) states "Examples of the affected industries
include SIC codes 2911,3212,2800's, 4959, and 9511." Chemical mixing is
generally included under the 2800 SIC series. However, this does not mean
that chemical mixing processes covered under other SIC codes are exempt.
[Citations: 40 CFR §61.340 and 55 FR 8319]
OQ Did EPA intend for sources to include the benzene in organic
waste in their total annual benzene-in-waste (TAB) determina-
tions, if the organic waste is mixed with wastewater at some
point after its generation?
Yes. EPA intended for sources to include the benzene in organic waste in the
TAB determination, if the organic waste is mixed with wastewater at some point
after its generation and the resulting mixture is greater than 10 percent water.
[Citation: 40 CFR §61.355(b)]
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SubpartFF: Facility Applicability
Are aqueous wastes that are generated infrequently, acciden-
tally, or intermittently included in the calculation of TAB?
Yes. If aqueous benzene wastes are generated infrequently, the initial report
should include the facility's estimate of the quantity and concentration for
these wastes based on measurements, historical data, or engineering judge-
ment. If a new or unexpected aqueous waste is generated, this waste must be
added to the initial report and included in the facility's determination of TAB.
Wastes that are generated infrequently or intermittently are subject to control
under the rule if the TAB and benzene concentration criteria are exceeded.
[Citations: 40 CFR §61.355(b) (5) and 40 CFR §61.355(k) (7) (ii)]
Q1 What is the basis for the term annual in the determination of TAB?
This determination of TAB is based on any 12 consecutive months of opera-
tion as identified in the facility's annual report. If the waste has not been
generated for a full year, the facility should provide its best estimate and the
basis for an annual projected quantity. If the waste is generated periodically
every few years, the estimate of TAB should be based on the quantity produced
during the year with the highest generated quantity.
[Citations: 40 CFR §61.355(b) (4) and (5)]
If a company installs equipment to remove or recover benzene
from a waste, (and perhaps claims that this equipment is part of the
production process) can they use the quantity of benzene in aqueous
waste leaving this unit to estimate TAB instead of using the quantity of
benzene in aqueous waste entering the unit?
No. The TAB is based on the waste at the point of generation. In addition,
controls may be required on the treatment unit.
[Citation: 40 CFR §61.342(d) (2) (i)]
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SubpartFF: Facility Applicability
For sour water strippers at petroleum refineries, is the TAB based
on the quantity of benzene in the waste entering the stripper, or
is it based on the quantity of benzene leaving the stripper?
40 CFR §61.355 (b) (1) states that the TAB for sour water streams that are
processed in sour water strippers shall be determined at the point that the
water exists the sour water stripper. Also, 40 CFR §61.355 (c) (1) (i) (A) states
that the flow-weighted annual average benzene concentration determination
for sour water streams that are processed in sour water strippers shall be made
at the point that the water exits the sour water stripper.
[Citations: 40 CFR §61.355(b)(l) and 40 CFR §61.355]
Is the benzene in aqueous wastes generated at RCRA corrective
action sites or sites under Superfund remedial action pro-
grams included in the calculation of the TAB? For example, is
the benzene in contaminated ground water or landfill leachate
counted in the calculation of TAB?
40 CFR §61.342 (a) (3) states that benzene in aqueous wastes generated by
remediation activities conducted at the facility, such as the excavation of
contaminated soil, pumping and treatment of groundwater, and the recovery
of product from soil or groundwater, are not included in the calculation of
total annual benzene quantity for that facility. Although exempt from TAB
calculations, remediation wastes may be subject to the requirements of
Section 61.34 2 (c) - (h). If the facility is managing remediation wastes
generated offsite, the benzene in this waste shall be included in the calcula-
tion of the total annual benzene quantity in facility waste, if the wastestreams
have an annual average water content greater than 10 percent, or if they are
mixed with water of other wastes at any time and the mixture has an annual
average water content greater than 10 percent. The benzene waste rule would
not apply to any wastes at a closed or abandoned site if the site is not part of
an active plant at one of the three affected industries.
[Citations: 40 CFR §61.342(a) (3) and 40 CFR§61.342(c)-(h)]
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SubpartFF: Facility Applicability
Are organic wastes that contain less than 10 percent water and
are discharged to the wastewater system included in the calcu-
lation of TAB? For example, drainings from low points in lines
or pumps that handle an organic product (or even pure ben-
zene) may enter the sewer system.
Organic wastes that contain less than 10 percent water and are discharged to the
wastewater system are included in the calculation of TAB if, as stated in
40 CFR §61.342 (a) (1), "They have an annual average water content greater
than 10 percent, or if they are mixed with water or other wastes at any time and
the mixture has an annual average water content greater than 10 percent."
[Citation: 40 CFR §61.342 (a) (1)]
QC Some companies have used samples of the water in the initial
separation to determine the level of benzene in tank draw-
down. Is this an acceptable procedure for determining TAB?
No. The waste from tank drawdown includes not only the water that is
removed initially, it also includes the oily interface and any oil removed
during the separation, which may contain higher concentrations of benzene.
Representative samples of the entire drawdown must be analyzed to include
both the oil and water to determine the TAB.
[Citation: 40 CFR §61.341]
OT Are process wastewaters that qualify for the low flow cutoff
(0.02 L/min or 10 Mg/yr) in Section 61.342(c)(3) included in
determining the TAB for the facility?
40 CFR §61.342 (c) (3) (i) states that a facility at which the TAB quantity from
facility waste is 0.02 L/min or an annual wastewater quantity less than
10 Mg/yr is exempt from wastestream controls in 40 CFR §61.342(c) (1). The
low flow cutoff does not apply in calculating the TAB.
[Citation 40 CFR §61.342(c)]
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SubpartFF: Facility Applicability
33 If a facility periodically washes down an area with water, is the
benzene in the runoff included in the determination of TAB,
even if the runoff is collected in a stormwater sewer?
Yes.
[Citation: 40 CFR §61.340(c) (2)]
QQ Is the benzene in wastewater discharged from a facility
counted in the determination of TAB?
The quantity of benzene in the wastewater discharge is not counted unless the
discharge is the point of generation for the waste. Facilities should avoid
double counting, such as adding the quantity at the point of generation in
the process to the quantity that is eventually discharged.
[Citations: 40 CFR §61.341 and 40 CFR §61.342(d)(2)(i)]
4Q Is the benzene in the condensate from coke oven gas lines
counted in the determination of TAB?
Benzene in any aqueous waste that is generated within the facility boundary
of a coke byproduct recovery plant is counted. However, condensate generated
outside the byproduct recovery plant, such as in the steelmaking complex, is
not counted in the TAB determination.
[Citations: 40 CFR §61.300(a) and 40 CFR §61.340(a)]
41 If a facility has two separate wastewater treatment systems on
its contiguous property, does the 10 Mg/yr cutoff for TAB apply
to each one separately or to both collectively?
The 10 Mg/yr cutoff for the TAB applies to the facility as a whole unit,
including all aqueous wastes, not to each wastewater treatment system.
[Citation: 40 CFR §61.342(c)]
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SubpartFF: Facility Applicability
42 Is the determination of flow-weighted annual average water
content (for comparison to a value of 10 percent) based on
percent by volume or by weight?
The flow-weigh ted annual average water content of 10 percent or greater is
determined on a volume basis as total water, as stated in 40 CFR
§61.342(3) (2), and amended by 58 FR 3074.
[Citations: 40 CFR §61.34 and 58 FR 3074]
Is there a (de minimis) concentration cutoff that can be used
for calculating and reporting TAB, such as parts per trillion?
No. Facilities are required to include the benzene from all wastestreams in its
TAB calculation, and they are required to maintain detailed records supporting
the TAB calculation submitted.
[Citation: 40 CFR §61.357]
AA When are controls required for newly constructed or modified
process units that generate new wastestreams?
Controls are required for benzene wastes from newly constructed or modified
units when the facility total for TAB, recalculated to include the new process
units, reaches or exceeds 10 Mg/yr.
[Citation: 40 CFR §61.05(b)]
45 D° all chemical plants, petroleum refineries, coke byproduct
recovery plants, and commercial hazardous waste facilities have
to submit an initial report of their determination of TAB, even if
they do not use or produce benzene or manage wastes that
contain benzene?
Only TSDFs that receive waste from refineries, chemical plants and coke-
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SubpartFF: Facility Applicability
byproduct plants are required to submit the initial notification. If the plant
does not use or produce benzene, if it is present only in small quantities, or if
no wastes containing benzene are managed, the initial report should state
this clearly. Whether wastestreams should be controlled is determined by the
TAB and benzene concentration data presented in the report.
[Citation: 40 CFR §61.340]
What is the point of generation for wastes at coke byproduct
plants that are processed in sources that are already con-
trolled by the benzene NESHAP for coke byproduct recovery
plants? For example, are TAB and benzene concentration
determinations made before or after the ammonia stripper?
For these sources, the point of generation is defined as the location where the
waste exits a unit that is controlled by the byproduct plant NESHAP (40 CFR
§61 Subpart L) and before it is exposed to the atmosphere. If the units up to the
ammonia stripper are controlled (as required for metallurgical coke plants),
and the ammonia stripper is a closed system (vented back to the coke oven gas),
the point of generation is the wastewater leaving the ammonia stripper.
[Citation: 40 CFR §61 Subpart L]
Is there a "once you are subject, you are always subject"
philosophy taken with Subparts BB and FF?
No. The regulation does not imply a philosophy of "once you need controls
and treatment, you will always need controls and treatment". The idea of
waste minimization is promoted by the regulation. For example, if a facility
installed a new desalter and reduced the quantity of waste below 10 Mg/yr
controls would not be required. No where in the regulations does it imply that
EPA would be able to require controls and treatment at a facility where the
TAB had dropped below 10 Mg/yr.
[Citations: 40 CFR §61.342(a) and 40 CFR §61.342(c)(3)]
26
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SubpartFF: Facility Applicability
Does the rule apply to Publicly-Owned Treatment Works (POTW)
and municipal solid waste landfills (MSWLF)?
The rule does not apply to POTW or to MSWLF in the vast majority of cases.
When the coverage of the rule was clarified in a FederalRegister'notice (54 FR
51423) on December 15,1989, POTW and MSWLF were not included. There are
two special cases in which the rule could apply: 1) when these facilities also are
a commercial hazardous waste facility with a permit under Subtitle C of RCRA,
or 2) when these facilities accept affected wastestreams from chemical plants,
petroleum refineries, or coke byproduct recovery plants. It is the generator's
responsibility to obtain an agreement from the offsite treatment or disposal
facility to assure compliance with the benzene waste rule for treatment of the
benzene waste.
[Citation: 54 FR 51423]
Does the rule apply to bulk liquid terminals?
Typically, independent bulk liquid terminals are independently owned and
operated and would not be affected by the benzene waste rule. However, bulk
terminals located on contiguous properties and commonly owned or operated
by a petroleum refinery, chemical plant, or coke byproduct recovery plant could
be affected by the benzene waste rule. As an example, wastes from on-site
terminals or storage facilities at a petroleum refinery would not be excluded
from treatment under the benzene waste standard.
The benzene waste operation standard would not apply to specific storage
equipment containing benzene. However, benzene storage equipment could be
subject to the national emission standard for benzene storage (54 FR 38044).
Also, transfer through loading racks where benzene is loaded into tank trucks,
rail cars, or marine vessels at production facilities and bulk terminals would be
subject to the national emission standard for transfer operations (55 FR 8292).
Again, if either the transfer or storage operations are commonly owned or
operated and located on contiguous property to one of the benzene waste
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SubpartFF: Facility Applicability
industry categories, then benzene wastes generated from these operations
could be affected by the benzene waste standard.
[Citations: 40 CFR §61.300(a), 54 FR 38044, and 55 FR 8292]
When must commercial hazardous waste facilities control
wastes that contain benzene?
Commercial hazardous waste facilities that must obtain a permit under
Subtitle C of RCRA must apply controls when they receive benzene waste from
any of the affected facilities (petroleum refineries, chemical plants, and coke-
byproduct plants) that are subject to Subpart FF and have wastes with a TAB
greater than or equal to 10 Mg/yr. This applies to benzene wastes at commer-
cial facilities even if controls are not required based on the generators initial
determination. In addition, commercial hazardous waste facilities must
comply with the control requirements for a specific wastestream if that
wastestream has been identified by the generator as requiring control under
40 CFR §61.342(f)(2).
[Citation: 40 CFR §61.342(f)(2)]
Does the rule apply to ballasts water containing benzene
received by a refinery, chemical plant or coke byproduct recovery plant?
No. Since this waste is not generated in the refinery, chemical plant, or coke
byproduct recovery plant.
[Citations: 40 CFR §61.340(a) and 40 CFR §61.357(a)]
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Subpart FF: Wastestream Applicability
Wastestream Applicability
Does an enhanced biodegradation unit meet the requirements of
Subpart FF 40 CFR §61.348(b)(2)(i) when the owner or opera-
tor plans to combine streams of greater than 10 ppmw benzene
with those less than 10 ppmw to form a combined feed into the
enhanced biodegradation unit of less than 10 ppmw for the
purpose of facilitating treatment? (The total quantity of benzene
in combined wastewater will be greater than 1 Mg)
When an owner or operator aggregates or mixes individual wastestreams in
order to facilitate management or treatment of waste, the facility shall apply
Section 61.348 (b) (1) controls to all wastewater treatment units up to the point
where the benzene concentration is below 10 ppmw and when one of the
following occurs: (1) the total quantity of benzene in the wastewater for the
facility is reduced below 1 Mg; or (2) the waste has reached the biological
treatment unit. Biological treatment units would need to be controlled only if the
benzene concentration of the waste entering the unit is 10 ppmw or greater.
Enhanced biodegradation units routinely remove up to 80 percent of the
organics in dilute wastestreams and thus would not be required to meet the 1 Mg
per year limit if the concentration entering the unit is less than 10 ppmw.
[Citation: 40 CFR §61.348(b)(2)(i)]
53 When is a treatment process or Wastestream in compliance with
the requirements of 40 CFR Subpart FF 40 CFR §61.348 (d) and
exempt from the requirements of Section 61.348(c)?
A treatment process or Wastestream is in compliance with the requirements of
Section 61.348(d) and exempt from the requirements of Section 61.348 (c)
provided that the owner or operator documents that the treatment process or
wastestream is in compliance with the other regulatory requirements listed in
Sections 61.348(d)(l)-(d) (5).
[Citation: 40 CFR §61.348]
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Subpart FF: Wastestream Applicability
Was 40 CFR Part 61, Subpart FF designed to regulate the waste
generated in subject facilities laboratories from counter top
applications, of less than 1 gallon at a time? 55 gallon drums?
No. As stated in the memorandum dated March 13,1991 from Ms. Carolyn J.
Pina, Environmental Engineer, Control Technology and Compliance Section,
EPA Region 1 to Daniel Couturier, EPA Stationary Source Compliance
Division (now the Manufacturing, Energy & Transportation Division), if lab
work is performed under a hood, no wastestreams are generated, and if
everything is bottled and disposed of through waste transfer operations,
Subpart FF does not apply. For 55 gallon drums, unless waste transferred into
drums is transferred from a wastestream (in which case the wastestream itself
falls under Subpart FF) the drums are covered under RCRA, not Subpart FF.
[Citation: letter from Carolyn Pina, EPA Region 1, dated March 13, 1991
to Daniel Couturier, EPA Stationary Source Compliance Division]
If a facility hardpipes several wastestreams to a single point or
location, are they required to measure each individual waste-
stream at the point of generation or can they measure the flow
and concentration of the combined stream? When are mixed
wastes exempt from control requirements?
40 CFR §61.355 (b) and 40 CFR §61.355 (c)(i) require measurement of
flow and concentration be made at the point of generation for each
individual wastestream.
Mixed wastestreams are exempt from control requirements when the
conditions of one of the following paragraphs of 40 CFR §61.342 are met.
Under paragraph 40 CFR §61.342(c) (2), facilities can exempt waste-
streams from control requirements if it can be demonstrated at least once
per year that the flow weighted annual average benzene concentration for
the wastestream is less than 10 ppmw. Under 40 CFR §61.342(c) (3),
facilities can exempt a wastestream from control requirements if it is a
process wastewater that has a flow rate less than 0.02 liters per minute or
30
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Subpart FF: Wastestream Applicability
an annual wastewater quantity of less than 10 Mg/yr. Under 40 CFR
§61.342 (c) (3) (ii), process wastewater can be exempt from controls if it is
not exempt under section 40 CFR §61.342(c) (3) (i) and if the TAB does not
exceed 2.0 Mg/yr.
Under section 40 CFR §61.342 (d) (iii), the untreated process wastewater is
exempt from control requirements when the TAB, determined from the sum of
the TAB in the untreated streams at the point of generation and the TAB for
each treated stream at its exit from the treatment process, is less than 1 Mg/yr.
A facility may only use one of these exemptions.
[Citations: 40 CFR §61.342 and 40 CFR §61.355(b), (c), and (d)]
What is enhanced biodegradation under 40 CFR
§61.348(b)(2)(ii)(B)?
40 CFR §31.348 (b) (2) (ii) (B) defines enhanced biodegradation as a sus-
pended-growth process that generates biomass, uses recycled biomass, and
periodically removes biomass from the process. The parameters provided in
the referenced section are guidelines or typical values for enhanced biodegra-
dation units.
[Citation: 40 CFR §61.348(b)(2)(ii)(B)]
I"7 When are enhanced biodegradation units exempt from controls?
To operate without controls, each wastestream entering the unit must be less
than 10 ppmw on a flow-weighted annual average basis. The determining
factor for whether or not an enhanced biodegradation unit needs to be
controlled is whether or not it meets the definition in 40 CFR
§61.348(b)(2)(ii)(B).
Covers and closed-vent system controls are not required if the feed to the
enhanced biodegradation unit is less than 10 ppmw benzene. When an owner
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Subpart FF: Wastestream Applicability
or operator aggregates or mixes individual wastestreams in order to facilitate
management and treatment, Section 61.348(b) (2) (i), management and
treatment requirements must be met as discussed in the March 7,1992
preamble (page 8331). The preamble states that the facility shall "apply
controls to all wastewater treatment units up to the point where the benzene
concentration is below 10 ppmw and one of the following occurs: (1) the
total annual quantity of benzene in the wastewater for the facility is reduced
below 1 Mg; or (2) the waste has reached the biological treatment unit.
Biological treatment units would need to be controlled only if the benzene
concentration of the waste entering the unit is 10 ppmw or greater."
[Citations: 40 CFR §61.342(e), 40 CFR §61.348(b)(2) and 40 CFR
§61.355(k)(4)]
What wastestreams must be included in a facility's initial report for TAB
determinations, and at which accuracy? Can the report be amended,
and should controls be identified in the report?
These questions arose because some facilities have hundreds of wastestreams,
many of which have not been measured for benzene quantity or concentra-
tion, and their data collection effort may not be completed within the 90-day
period. The purpose of the initial report is to identify facilities subject to the
control requirements, to identify which streams must be controlled, and to
provide the basis for exemption of streams. There are situations where
knowledge of the waste could be the basis for the estimates. Knowledge of
waste could be based on engineering analysis, material balances, similarity
of streams, purchase records, etc. Wastes that do not contact materials
containing benzene do need not to be listed. A report may need to be resub-
mitted when new or more accurate information is obtained, or when the
process is redesigned. Controls do not need to be in place at facilities which
submitted the initial report and which currently do not (and have not)
manage (d) materials subject to the FF regulation.
[Citation: 40 CFR §61.357(a)]
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Subpart FF: Wastestream Applicability
Are controls required for spent activated carbon generated by
any of the affected sources if the benzene concentration in the
carbon is 10 ppm or higher?
Scenario #1 for this question would be where the spent activated carbon is
generated and/or results as a solid waste (to be discarded and not regenerated)
from either a process unit or from a carbon adsorption control device being
used to comply with 40 CFR §61.349 (a) (2) (ii) and 40 CFR
§61.354 (c) (7)&(d) of Subpart FF, then the following answer applies:
Yes. If the benzene concentration in the solid carbon waste exceeds 10 ppm,
and the facility's TAB is 10 Mg/yr or more, the spent waste carbon must be
controlled. [See FR 3074 & 3075, 01/07/93, for handling solid waste contain-
ing 10 ppmw or greater benzene in waste management units (e.g., contain-
ers) .] Note that this scenario excludes any regeneration either on or offsite of
the FF facility. This would require that the carbon be treated to less than 10
ppm, and that emissions from the treatment process be controlled in accor-
dance with 40 CFR §61.349(a) (2) (ii) emission limits.
Scenario /z'for this question would be where the spent activated carbon
results from only the need to be regenerated after being used in a carbon
adsorption control device to comply with the applicable regulation of Subpart
FF for a facility with a TAB > 10 Mg/yr, then the following answer applies:
Yes, in the following manner. When regeneration of the carbon is indicated by
a break through of the control device by either 10 ppmv of benzene or 5000
ppmv of total organics above background or in excess of the emission limit (s)
of 40 CFR §61.349 (a) (2) (ii), any emissions that result from the carbon's
regeneration must also be controlled with the same emission limits either on
or offsite such that no benzene emissions greater than 10 ppmv result after
regeneration. The solid regenerated carbon would not necessarily have to
result in a less than 10 ppmw benzene concentration because it has not yet
become a waste.
[Citations: 40 CFR §61.349(a)(2)(ii) and 40 CFR §61.354(c)(7) and (d)]
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SubpartFF: Controls & Standards
Controls & Standards
Can facilities subject to the control requirements exempt any
benzene waste from controls and treatment?
Yes. In accordance with the provisions of 40 CFR §61.342(c), (d) and (e),
facilities subject to the control requirements can exempt certain wastestreams
from controls and treatment. However, if these "generator-exempted" wastes
are shipped to another facility subject to this NESHAP, the wastes continue to
be subject to the provisions of the Subpart.
For example, the owner or operator of a hazardous waste TSDF receiving
benzene-containing hazardous wastes which have been "generator-ex-
empted," must still include those wastes in the total annual benzene quantity
determination. The owner or operator of a TSDF at which the total annual
benzene quantity is equal to or greater than 10 Mg/yr would still need to
control and treat those "generator-exempted" wastes which have benzene
concentrations greater than or equal to 10 ppmw, unless the owner or
operator decided to include those particular wastes in the TSDF's exemption.
[Citation: 40 CFR §61.342(c), (d) and (e)]
What part of the rule applies to dewatering devices, such as
belt presses, and what controls are required?
Dewatering devices are included in the definition of tank, and the regulations
for tanks in 40 CFR §61.343 apply. If the TAB and benzene concentration
cutoffs are exceeded, the dewatering device must be enclosed. For example,
the dewatering device may be housed within an enclosure that is vented to a
control device. Doors and access hatches on the enclosure may be used for
access for maintenance or adjustments in the operation.
[Citation: 40 CFR §61.343]
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SubpartFF: Controls & Standards
Are controls for intermediate product tanks and day tanks
required under the rule?
No. The rule does not require controls for tanks that manage products or
intermediates. The rule applies only to tanks that manage wastes containing
benzene.
[Citations: 40 CFR §61.343 and 40 CFR §61.357]
What standards apply to coke oven byproduct plant tar de-
canter sludge (K087), when it is collected and transported in a
bin mixed with coal, and charged into the coke ovens?
If the TAB and benzene concentration cutoffs are exceeded, the rules for
containers apply to the bin used to collect and transport the sludge. The bin
must be kept covered except during the filling operation, and the sludge must
be transported in a closed-vent system. According to 40 CFR §61.340, a closed
vent system is defined as a system that is not open to the atmosphere and is
composed of piping, ductwork, connections, and if necessary, flow inducing
devices that transport gas or vapor from an emission source to a control
device.
[Citation: 40 CFR §61.340]
Does the rule require water seals on the junction box vent?
No. The rule indicates that water seals are required on the junction box and
not on the vent. The purpose is to isolate the junction box to prevent wind or
induced air drafts from sweeping through the wastewater collection system.
[Citation: 40 CFR §61.346(b)]
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SubpartFF: Controls & Standards
What type of flow indicator is required for the vent on the junction
box?
The type of flow indicator is left to the discretion of the owner or operator.
EPA's intent is that if the liquid level fluctuates significantly in the junction
box, periodic flow would be indicated and the junction box should be vented
to a control device. If the liquid level remains nearly constant, no flow would
be indicated and a control device would not be required for the vent.
[Citations: 40 CFR §61.346(b), and 40 CFR §61.349(a)]
How is breakthrough determined for carbon emission
control devices?
Breakthrough is determined when a concentration of either 10 ppmv of
benzene or 500 ppmv of total organics above the background concentrations
are identified in the control device's vent gas.
[Citations: 40 CFR §61.356(j)(10), 40 CFR §61.341, and 40 CFR
§61.355(h)]
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SubpartFF: Cement Kiln Facilities
Cement Kiln Facilities
The questions in this section are based on the following information:
Companies listed in Subpart FF (i.e., chemical manufacturing plants, coke
byproduct recovery plants, and petroleum refineries) along with other
companies not listed under Subpart FF send their hazardous waste to a third
party fuel blending facility. The fuel blending facility blends the wastes and
then sends the hazardous waste to the cement kiln as fuel in 5,000 gallon
tank trucks. A hazardous waste manifest accompanies each tank truck, but
the cement kiln facility does not know who was the originator of the waste.
The hazardous waste is then burned in the cement kiln. The waste in the tank
trucks is less than 10 percent water, some tanks have greater than 10 ppm
benzene, and some tanks have less than 10 ppm benzene.
Is the cement kiln subject to any of the requirements under
Subpart FF?
If a material is subject to Subpart FF, the cement kiln is a TSDF for the
blending facility. Any disposal facility that treats, stores, or disposes of
hazardous waste is subject to the provisions of Subpart FF.
[Citation: 40 CFR §61.340 (b)]
If the cement kiln is subject to Subpart FF, are there cutoff levels which
will exempt them from the regulation?
No. The facility is either subject or not. Since it is a TSDF receiving waste
from a facility in 40 CFR §61.340 (a), it is subject. The regulations are divided
into three sections according to TAB, they are: 1) TAB < 1 Mg;
2) 1 < TAB < 10 Mg; and 3) TAB 10 Mg. The facility must comply with
the appropriate regulations pertaining to its TAB.
[Citations: 40 CFR §61.340(a) and 40 CFR §61.342(d)]
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Subpart FF: Cement Kiln Facilities
CjCJ How does a TAB calculation apply to the cement kiln facility,
since it does not generate waste?
The answer needs to be broken into two parts:
1) If the TSDF facility receives waste from a facility listed in 40 CFR
§61.340 (a), the TSDF is considered to be an extension of that facility for
the purposes of control and treatment. If the TSDF receives any amount
(even just a bucket full) of waste from a facility listed in 40 CFR
§61.340(a), whose TAB is equal to or greater than 10 Mg, then the TSDF
is considered to be a 10 Mg facility and must comply with the specified
control treatment requirements. This holds true even if the waste is
mixed with other facilities not listed in 40 CFR §61.340(a) and the waste
received has less than 10 percent water. All waste with greater than 10
ppm benzene will need to be treated and controlled, regardless of the
water content (see 40 CFR §61.342(c) (1)). The TSDF facility receiving
the waste will need to calculate their own TAB, regardless of the generat-
ing facilities' TAB, at the point waste is received and submit initial and
annual reports updating TAB. The TSDF is always considered an
extension of the facilities in 40 CFR §61.340(a) and at a minimum will
have to comply with regulations governing those facilities.
2) If the TSDF receives waste from facilities in 40 CFR §61.340 (a) that are
less than 10 Mg/yr facilities, the TSDF will need to calculate its own TAB
at the point waste is received, and submit initial and annual reports
updating TAB. The TSDF must determine its own TAB regardless of the
generating facilities' TAB. The TAB is calculated only on those wastes
with 10 percent (or greater) water content. If the TSDF TAB is greater
than or equal to 10 Mg/yr, then the TSDF has to comply with regulations
regulating 10 Mg facilities.
[Citations: 40 CFR §61.340(a) and 40 CFR §61.342(a)]
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SubpartFF: Miscellaneous
Does a waste have to contain 10 percent water in order to be
subject to the Subpart FF requirements?
No. Only those streams with 10 percent (or greater) water content need to be
considered in calculating the TAB. If the source is 10 Mg, then all waste with
greater than 10 ppmw benzene will need to be treated and controlled,
regardless of the water content (see 40 CFR §61.342(c) (1)).
[Citation: 40 CFR §61.342(c)(l)]
What if the facility has not been issued a final RCRA permit
under Part 264, but has submitted a part A and part B applica-
tion and is operating under interim status. Is the facility
eligible for the exemption in 40 CFR §61.348(d)?
No. A final permit has to be issued and interim status does not qualify for the
exemption.
[Citation: 40 CFR §61.348(d)]
Miscellaneous
79 How is the flow-weighted annual average benzene concentra-
tion calculated from the equation given in 40 CFR §61.355
(c) (2) (v) when there are multiple concentration measure-
ments and a single steady-state flow rate?
For this case, only one flow rate is used in the equation and the total annual
waste quantity (Qt) equals the number of concentration measurements times
the flow rate. Note, only one steady-state flow rate is needed for averaging the
concentration measurements. If flow rate is constant, then flow-weighted
annual average is equal to the average concentration.
[Citation: 40 CFR §61.355(c)(2)(v)]
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Subpart FF: Miscellaneous
If multiple measurements of flow are made, how is the total
annual waste quantity (Q() calculated?
For this case, Qt is the sum of the individual flow measurements.
[Citation: 40 CFR §61.355 (k)]
74 Must the three samples required in 40 CFR §61.355 (c) (2) (i) be
collected at different times or can they be collected at the same time?
The rule does not specify a time between samples. The applicable require-
ment is that the samples be reasonably representative of the waste that is
being analyzed.
[Citation: 40 CFR §61.355(c) (2)(i)]
In some cases a facility cannot comply with the static mixer require-
ments because it is not feasible for their particular waste or process.
Do they have any other options for obtaining samples?
Yes. The most important point is to obtain a representative sample of the
waste. Other procedures can be devised, such as multiple samples from
different depths in a tank, sampling from the discharge side of a gear pump,
and etc. The company is responsible for assuring that their reported results
are representative of the waste being sampled.
[Citations: 40 CFR §61.355(b) (7) and 40 CFR §61.355(c)(3)(i)]
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SubpartFF: Miscellaneous
"7C One petroleum refinery reported measuring a TAB that was
less than 10 Mg/yr at the point of generation at the process
units; however, they measured a TAB much greater than 10 Mg/
yr leaving the API separator. How could this occur?
If the TAB at the API separator is greater than the facility's point of generation
TAB, then either 1) the facility has not included all wastestreams; 2) data in
the point of generation TAB is not representative; or 3) the API TAB was not
determined during representative operations at the facility.
[Citations: 40 CFR §61.341 and 40 CFR §61.347]
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Appendices
Internet Availability
This FAQ Handbooks available through the EPA public access server at the
Manufacturing, Energy & Transportation Division website:
http://www.epa.gov/envirosense/oeca/metd/ref.html
Additional Resources
• Applicability Determination Index (ADI):
http://l 34.67.104.12/cfdocs/adiwww/adiwww.html-ssi
The memoranda cited in this handbook can be obtained through ADI. ADI
is a database that contains memoranda issued by EPA on applicability and
compliance issues associated with the New Source Performance Standards
(NSPS), National Emissions Standards for Hazardous Air Pollutants (with
categories for both NESHAP, Part 61, and MACT, Part 63), and chlorofluoro-
carbons (CFC). There are also separate categories for asbestos (Part 61,
Subpart M) and woodstoves (Part 60, Subpart AAA). Recently issued
determinations are added to the database on a quarterly basis.
• Enviro$en$e: http://www.epa.gov/envirosense
Enviro$en$e is an integral part of the U.S. Environmental Protection
Agency's web site. It attempts to provide a single repository for pollution
prevention, compliance assurance, and enforcement information and
data bases. Included are pollution prevention case studies, technologies,
points of contact, environmental statutes, executive orders, regulations,
and compliance and enforcement policies and guidelines. A major
component of Enviro$en$e is the data base umbrella architecture for
"solvent alternatives."
• Manufacturing, Energy & Transportation Division:
http://www.epa.gov/envirosense/oeca/metd/
The Manufacturing, Energy & Transportation Division (METD) is charged
with developing strategies and programs that help organize and better
explain, through inspection guidance and compliance monitoring tech-
niques, environmental requirements that affect the regulated community.
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EPAContactsList
Location Contact Telephone
Region I Fred Weeks (617) 565-4171
Region II HarishPatel (212)637-4046
Region III Paul Dressel (215) 566-2154
Region IV Mirza Baig (404) 562-9196
Region V Kathy Keith (312) 353-6956
Region VI Martin Brittain (214)665-7296
Region VII Bill Peterson (913) 551-7881
Region VIII Scott Whitmore (303) 312-6317
Region IX John Kim (415)744-1263
Region X Doug Hardesty (206) 553-6641
Region X Andrea Longhouse (206) 553-8760
OAQPS Bob Lucas (919) 541-0884
OECA Charlie Garlow (202) 564-1088
OECA Rafael Sanchez (202) 564-7028
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United States Office of Enforcement and EPA/305-B-97-009
Environmental Protection Compliance Assurance September 1997
Agency (2223-A)
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