EP A530-R-99-012e
SUB-9224-99-005

RCRA/SUPERFUND HOTLINE MONTHLY REPORT
May 1999

1. Subpart CC and Miscellaneous Unit Permitting

The regulations in 40 CFR Part 264, Subpart X, require that a
miscellaneous unit's permit include the appropriate requirements of Part
264, Subparts I through O, Subparts AA, BB, and CC, if they apply to the
unit (Section 264.601). For example, a permitting agency would
incorporate the Part 264, Subpart CC air emission standards applicable
to tanks into the permit of a tank-like miscellaneous unit. If a state
in which a miscellaneous unit is located is authorized to implement
Subpart X miscellaneous unit requirements, but not authorized to
implement the Subpart CC air emission requirements, who is responsible
for implementing the air emission requirements segment of this unit's
permit?

In this situation, the EPA Region is responsible for writing the
Subpart CC requirements into the miscellaneous unit's permit and
implementing those requirements. If a permit applicant's unit is
subject to the requirements of Part 264, Subpart CC, the permitting
agency will need to include those provisions in the permit. This is
because the applicability of Subpart CC to miscellaneous units is a
requirement promulgated pursuant to the Hazardous and Solid Waste
Amendments (HSWA) of 1984. However, if the state is not authorized for
the Subpart CC requirements, it cannot write or implement that portion
of the permit. Therefore, under HSWA, the EPA Region would write the
Subpart CC provisions into the unit's permit and would be responsible
for the implementation of the air emission requirements. In this
situation, the state would only have the authority to regulate the
miscellaneous unit itself, and would not have authority to implement and
enforce the Subpart CC provisions until the state receives authorization
for such provisions.

RO 14347

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