Hazardous Waste Treatment, Storage, and Disposal Facilities and Hazardous Waste Generators; Organic Air Emission Standards for Tanks, Surface Impoundments, and Containers

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 264, 265, and 271

[FRL-5328-4]

RIN 2060-AB94

Hazardous Waste Treatment, Storage, and Disposal Facilities and

Hazardous Waste Generators; Organic Air Emission Standards for Tanks,

Surface Impoundments, and Containers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of postponed effective date.

-----------------------------------------------------------------------

SUMMARY: This document postpones the effective date of the final rule

on Hazardous Waste Treatment, Storage, and Disposal Facilities and

Hazardous Waste Generators; Organic Air Emission Standards for Tanks,

Surface Impoundments, and Containers until June 6, 1996.

EFFECTIVE DATE: The final rule will be effective as of June 6, 1996.

The EPA specified in the final rule a schedule that established the

compliance dates by which different requirements of the final rule must

be met. These compliance dates and requirements are explained further

in the final rule (59 FR 62896, December 6, 1994) under SUPPLEMENTARY

INFORMATION. This document changes only the effective date of the

standards. The effective date will be June 6, 1996 for all provisions

of the standards, including the applicability of 40 CFR part 265

subparts AA, BB, and CC to 90-day accumulation units at hazardous waste

generators, the applicability of 40 CFR part 265 subparts AA, BB, and

CC to Resource Conservation and Recovery ACT (RCRA) permitted units,

and the applicability of the final standards to tanks in which waste

stabilization activities are performed. All other compliance dates for

the final rule remain as published in the final rule (59 FR 62896.)

ADDRESSES: Docket. The supporting information used for the final rule

is available for public inspection and copying in the RCRA docket. The

RCRA docket numbers pertaining to the final rule are F-91-CESP-FFFFF,

F-92-CESA-FFFFF, F-94-CESF-FFFFF, F-94-CE2A-FFFFF, and F-95-CE3A-FFFFF.

The docket is available for inspection at the EPA RCRA Docket Office

(5305), Room 2616, U.S. Environmental Protection Agency, 401 M Street,

S.W., Washington, D.C. 20460, telephone (202) 260-9327.

FOR FURTHER INFORMATION CONTACT: For information about this

postponement contact the RCRA Hotline at (800) 424-9346 toll-free, or

(703) 920-9810.

SUPPLEMENTARY INFORMATION:

1. Postponement of December 6, 1995 Effective Date

This notice announces the postponement of the effective date for

the final Air Emission Standards published under the RCRA. These final

standards were published on December 6, 1994 (59 FR 62896) and were

originally scheduled to become effective as of June 5, 1995. On May 19,

1995 (60 FR 26828) the EPA postponed the effective date until December

6, 1995 to allow time for the EPA to identify provisions of the final

standards that require clarification, and to publish a Federal Register

notice to clarify such provisions. The EPA expects to publish that

notice in the near future.

Subsequently, on August 14, 1995 the EPA published a Federal

Register document entitled, ``Proposed rule; data availability'' (60 FR

41870) and opened RCRA docket F-95-CE3A-FFFFF to accept comments on

revisions that the EPA is considering for the final standards. The

provisions of the final rule that these revisions would affect are the

waste determination procedures, the standards for containers, and the

applicability of the final standards to units that operate air emission

controls in accordance with certain Clean Air Act standards. In

addition, these revisions would reduce the monitoring, record keeping,

and reporting requirements for affected tanks, surface impoundments,

and containers.

The EPA accepted public comments on the appropriateness of these

revisions through October 13, 1995. The EPA is now reviewing the

comments received by the docket and will determine whether to revise

the final rule to incorporate the described revisions. The

incorporation of these revisions would provide certain compliance

options for waste determination procedures and for container standards

that are not currently available in the published final rule. By

January of 1996, the EPA expects to complete its review of the public

comments, and publish a Federal Register notice explaining the EPA's

decision if and how to amend the rule.

Given that the EPA intends to clarify provisions of the rule and is

actively considering amending the rule in ways that would increase

compliance flexibility and possibly reduce certain regulatory

requirements, the EPA considers it appropriate to delay the December 6,

1995 effective date for six months. This delay will both allow the

ongoing administrative review process to be completed successfully, and

allow ample time for facilities to make any necessary alterations to

their compliance plans before the effective date of the standards.

The EPA has received a request that it stay the rule, from a party

that has brought a judicial challenge to the published rule. In taking

this action to postpone the rule's effective date, the EPA is not

concurring that the criteria for a stay (such as likelihood of

irreparable harm or likelihood that these parties will ultimately

prevail should the rule be litigated) are met. Rather, as a prudential

matter, the EPA believes that a six month delay is appropriate for the

reasons explained above.

[[Page 56953]]

2. Retention of Final Compliance Date of December 8, 1997

The December 6, 1994 published rule set a final compliance date of

December 8, 1997, by which time all required air emission control

equipment must be operating (59 FR 62897). The EPA does not believe

that postponing the effective date of this rule necessitates any

postponement of the December 8, 1997 compliance date. The final

compliance date was chosen to allow time for facility modifications

that may be involved in the compliance approach of certain facilities.

The EPA believes that, for many air emission control applications, the

required control devices can be installed and in operation within

several months. However, the EPA agrees that under some circumstances,

the owner's or operator's approach to complying with the air emission

control requirements under the subpart CC standards may involve a major

design and construction project which requires a longer time to

complete. In recognition of these cases, the EPA decided that it is

reasonable to allow up to December 8, 1997 for affected facilities to

install and begin operation of air emission controls required by the

supbart CC standards. (Hazardous Waste TSDF Background Information

Document for Promulgated Organic Air Emission Standards, EPA-453/R-94-

076b, page 9-7.)

The final rule requirements that may necessitate a major

modification, as described above, for tanks are paragraphs (b) through

(d) of 40 CFR parts 264.1084 and 265.1085. These paragraphs specify air

emission control equipment that must be operated on tanks receiving

affected hazardous waste. Similarly, the requirements that may

necessitate such a major modification for surface impoundments are

paragraphs (b) through (e) of 40 CFR parts 264.1085 and 265.1086. These

paragraphs specify air emission control equipment that must be operated

on surface impoundments receiving affected hazardous waste. To comply

with these requirements for tanks and surface impoundments, facilities

may choose to construct new hazardous waste management units to replace

existing units, or may choose to modify existing hazardous waste

management units. Examples of facility equipment modifications that

could require an extended period of compliance would be replacing a

large open surface impoundment with a series of covered tanks, or

fitting an existing open tank with a fixed roof vented to a control

device. The EPA recognizes that such major modifications or new

construction can require several months or more, and therefore allows

until December 8, 1997 for facilities to comply with the air emission

control requirements of the final subpart CC standards.

In addition, certain States may require that a facility obtain a

permit modification prior to performing a major modification such as

those described above. The EPA recognizes that such permit

modifications can be a lengthy process, and therefore felt it was

appropriate to afford an extended compliance period to allow such

modifications to be obtained (59 FR 62919). The EPA does not expect

that such a lengthy period of implementation would be required in

circumstances other than those described above, although such a period

is available if necessary.

The final rule provisions that justified a compliance date of

December 8, 1997 are not among those that are potentially affected by

the revisions currently under the EPA's consideration. Specifically,

the EPA is not considering changes to the requirements for covers and

air emission controls on tanks and surface impoundments. All affected

facilities have been on notice of the final rule air emission control

requirements for these units since the final rule publication on

December 6, 1994. Therefore, the EPA does not consider it appropriate

to postpone the compliance date of December 8, 1997, by which all

required air emission control equipment must be operating.

3. Conclusion

The EPA is postponing the effective date of the final rule until

June 6, 1996. The final rule text affected by this postponement is

amended as follows.

Dated: October 31, 1995.

Mary D. Nichols,

Assistant Administrator for Air and Radiation.

For the reasons set out in the preamble, title 40, chapter I, parts

264, 265, and 271 of the Code of Federal Regulations are amended as

follows:

PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE

TREATMENT, STORAGE, AND DISPOSAL FACILITIES

1. The authority citation for part 264 continues to read as

follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924 and 6925.

Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,

and Containers

2. Section 264.1080 is amended by revising paragraphs (b)(1) and

(c) to read as follows:

Sec. 264.1080 Applicability.

* * * * *

(b) * * *

(1) A waste management unit that holds hazardous waste placed in

the unit before June 6, 1996, and in which no hazardous waste is added

to the unit on or after this date.

* * * * *

(c) For the owner and operator of a facility subject to this

subpart and who received a final permit under RCRA section 3005 prior

to June 6, 1996, the requirements of this subpart shall be incorporated

into the permit when the permit is reissued in accordance with the

requirements of 40 CFR 124.15 of this chapter or reviewed in accordance

with the requirements of 40 CFR 270.50(d) of this chapter. Until such

date when the owner and operator receives a final permit incorporating

the requirements of this subpart, the owner and operator is subject to

the requirements of 40 CFR part 265, subpart CC.

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF

HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

3. The authority citation for part 265 continues to read as

follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6935.

Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,

and Containers

4. Section 265.1080 is amended by revising paragraph (b)(1) and

paragraph (c) introductory text to read as follows:

Sec. 265.1080 Applicability.

* * * * *

(b) * * *

(1) A waste management unit that holds hazardous waste placed in

the unit before June 6, 1996, and in which no hazardous waste is added

to the unit on or after this date.

* * * * *

(c) For the owner and operator of a facility subject to this

subpart who has received a final permit under RCRA section 3005 prior

to June 6, 1996, the following requirements apply:

* * * * *

[[Page 56954]]

5. Section 265.1082 is amended by revising paragraphs (a)

introductory text, paragraph (a)(1), (a)(2), (a)(2)(iii), and

(a)(2)(iv) to read as follows:

Sec. 265.1082 Schedule for implementation of air emission standards.

(a) Owners or operators of facilities existing on June 6, 1996, and

subject to subparts I, J, and K of this part shall meet the following

requirements:

(1) Install and begin operation of all control equipment required

by this subpart by June 6, 1995, except as provided for in paragraph

(a)(2) of this section.

(2) When control equipment required by this subpart cannot be

installed and in operation by June 6, 1996, the owner or operator

shall:

* * * * *

(iii) For facilities subject to the recordkeeping requirements of

Sec. 265.73 of this part, the owner or operator shall enter the

implementation schedule specified in paragraph (a)(2)(ii) of this

section in the operating record no later than June 6, 1996.

(iv) For facilities not subject to Sec. 265.73 of this part, the

owner or operator shall enter the implementation schedule specified in

paragraph (a)(2)(ii) of this section in a permanent, readily available

file located at the facility no later than June 6, 1996.

* * * * *

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE

PROGRAMS

6. The authority citation for part 271 continues to read as

follows:

Authority: 42 U.S.C. 6905, 6912(a), and 6926.

Subpart A--Requirements for Final Authorization

7. Section 271.1(j) is amended by revising the December 6, 1994

entry in Table 1 to read as follows:

Sec. 271.1 Purpose and scope.

* * * * *

(j) * * *

Table 1.--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984

----------------------------------------------------------------------------------------------------------------

Promulgation date Title of regulation Federal Register reference Effective date

----------------------------------------------------------------------------------------------------------------

* * * * * *

*

December 6, 1994.......... Air Emission Standards 59 FR 62896-62953 June 6, 1996.

for Tanks, Surface

Impoundments, and

Containers.

----------------------------------------------------------------------------------------------------------------

8. Section 271.1(j) is amended by revising the December 6, 1995

entry in Table 2 to read as follows:

Sec. 271.1 Purpose and scope.

* * * * *

(j) * * *

Table 2.--Self-Implementing Provisions of the Hazardous and Solid Waste Amendments of 1984

----------------------------------------------------------------------------------------------------------------

Self-implementing Federal Register

Effective date provision RCRA citation reference

----------------------------------------------------------------------------------------------------------------

* * * * * *

*

June 6, 1996.............. Air Emission Standards 3004(n) 59 FR 62896-62953

for Tanks, Surface

Impoundments, and

Containers.

----------------------------------------------------------------------------------------------------------------

[FR Doc. 95-27950 Filed 11-9-95; 8:45 am]

BILLING CODE 6560-50-P