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
10

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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
                                                                       11

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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)]
12

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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]
                                                                           13

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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

14

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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)]

    16

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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

                                                                            17

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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
18

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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]
                                                                    19

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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)]
    20

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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)]
                                                                            21

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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)]
22

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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)]

                                                                         23

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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)]

    24

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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-

                                                                        25

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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
                                                                    27

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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)]
28

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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]
                                                                        29

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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
                                                                          31

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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)]
32

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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)]

                                                                    33

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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]
34

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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)]
                                                                  35

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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)]
36

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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)]

                                                                    37

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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)]
    38

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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)]
                                                                        39

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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)]
    40

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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]
                                                                         41

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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.
42

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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
                                                                 43

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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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