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 262, 264, 265, and 270

[IL-64-2-5807; FRL-5407-2]

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: Final rule; technical amendment.

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SUMMARY: Under the authority of the Resource Conservation and Recovery

Act (RCRA), as amended, the EPA has published air standards to reduce

organic emissions from hazardous waste management activities (59 FR

62896, December 6, 1994). The air standards apply to owners and

operators of hazardous waste treatment, storage, and disposal

facilities (TSDF) subject to RCRA subtitle C permitting requirements

and to certain hazardous waste generators accumulating waste in on-site

tanks and containers. This action makes clarifying amendments in the

regulatory text of the final standards, corrects typographical and

grammatical errors, and clarifies certain language in the preamble to

the final rule.

EFFECTIVE DATE: The rule provisions clarified by this action are

effective as of June 6, 1996, the effective date of the final rule.

ADDRESSES: This notice is available on the EPA's Clean-up Information

Bulletin Board (CLU-IN). To access CLU-IN with a modem of up to 28,800

baud, dial (301) 589-8366. First time users will be asked to input some

initial registration information. Next, select ``D'' (download) from

the main menu. Input the file name ``RCRACLAR.ZIP'' to download this

notice. Follow the on-line instructions to complete the download. More

information about the download procedure is located in Bulletin 104; to

read this type ``B 104'' from the main menu. For additional help with

these instructions, telephone the CLU-IN help line at (301) 589-8368.

Docket. The supporting information used for this rulemaking is

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

RCRA docket numbers pertaining to this rulemaking are F-91-CESP-FFFFF,

F-92-CESA-FFFFF, F-94-CESF-FFFFF, F-94-

[[Page 4904]]

CE2A-FFFFF, and F-95-CE3A-FFFFF. The RCRA docket is located at Crystal

Gateway, 1235 Jefferson Davis Highway, First Floor, Arlington,

Virginia. Hand delivery of items and review of docket materials are

made at the Virginia address. The public must have an appointment to

review docket materials. Appointments can be scheduled by calling the

Docket Office at (703) 603-9230. The mailing address for the RCRA

docket office is RCRA Information Center (5305W), U. S. Environmental

Protection Agency, 401 M Street SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: The RCRA Hotline, toll-free at (800)

424-9346. For further information on the specific provisions to which

this clarification refers, contact Ms. Michele Aston, Emission

Standards Division (Mail Drop 13), Office of Air Quality Planning and

Standards, U.S. Environmental Protection Agency, Research Triangle

Park, North Carolina 27711, telephone number (919) 541-2363.

SUPPLEMENTARY INFORMATION:

Background

The EPA is today making clarifying amendments to the final subpart

CC standards. Since the publication of the final rule, the EPA has

published two Federal Register documents to delay the effective date of

the final rule. The first (60 FR 26828, May 19, 1995) revised the

effective date of the standards to be December 6, 1995. The second (60

FR 56952, November 13, 1995) subsequently revised the effective date of

the standards to be June 6, 1996. The EPA has also issued a stay of the

standards specific to units managing wastes produced by certain organic

peroxide manufacturing processes (60 FR 50426, September 29, 1995).

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 subpart CC standards. The EPA accepted

public comments on the appropriateness of these revisions through

October 13, 1995 and is now in the process of reviewing and evaluating

the comments that were received. The EPA expects to complete its review

of these public comments, and publish a Federal Register notice

explaining the EPA's decision if and how to amend the rule to reflect

the proposed revisions, in early 1996.

Today's action clarifies provisions of the final rule to better

convey the EPA's original intent. While today's clarifications may be

applicable to certain comments submitted to docket F-95-CE3A-FFFFF,

today's action is independent of those proposed revisions and the

Federal Register document that EPA intends to publish in early 1996

addressing its evaluation of the proposed revisions. The information

presented in this preamble is organized as follows:

1. Applicability.

2. Definitions.

3. Schedule for implementation of air emission standards.

4. Standards: General.

5. Waste determination procedures.

6. Standards: Tanks.

7. Standards: Surface impoundments.

8. Standards: Containers.

9. Closed-Vent Systems and Control Devices.

10. Inspection and Monitoring requirements.

11. Recordkeeping Requirements.

12. Reporting Requirements.

13. Alternative Control Requirements for Tanks.

14. Immediate Effective Date.

1. Applicability

The EPA deferred applicability of the final subpart CC standards to

units used solely for on-site treatment or storage of hazardous waste

generated in the course of certain remedial activities. Paragraph

(b)(5) of Sec. 264.1080 and Sec. 265.1080 specified that this deferral

applied to ``remedial activities required under the corrective action

authorities of RCRA sections 3004(u), 3004(v) or 3008(h), CERCLA

authorities, or similar Federal or State authorities.'' However, page

62897 of the preamble to the final subpart CC standards stated that

this deferral applied to ``remedial activities required under RCRA

corrective action or CERCLA response authorities (or similar State

remediation authorities).'' Consistent with the regulatory language,

the EPA intended that this deferral apply to remedial activities under

the authority of RCRA corrective action, CERCLA response, similar

Federal authorities, or similar State authorities. An example of a

similar Federal authority would be the EPA Compliance Monitoring

Program (CMP) pursuant to the Toxic Substances Control Act, and a waste

management unit that is used solely for on-site storage of hazardous

wastes generated from remedial activities required by the CMP thus

would qualify for deferral from the applicability of the final subpart

CC standards.

The EPA also deferred applicability of the subpart CC standards to

hazardous waste management units that are used ``solely'' to treat or

store radioactive mixed waste, in paragraph (b)(6) of Sec. 264.1080 and

Sec. 265.1080. EPA is clarifying here that the use of the word

``solely'' does not preclude addition of other materials to a unit

managing radioactive mixed waste if applicable regulations of the

Atomic Energy Act or the Nuclear Waste Policy Act require that material

other than radioactive mixed waste be added to the unit. Such additions

would not contravene the purpose of EPA's limitation of the scope of

the deferral: To prevent radioactive mixed wastes from being used to

exempt other hazardous waste from the rule through mixing and to limit

the volume of mixed waste that is managed, again by limiting options

for exempt mixing. Thus, if any materials other than radioactive mixed

waste are added after June 6, 1996 to units used to treat or store

mixed waste, the regulatory deferral of the unit would not apply unless

the addition is pursuant to a regulatory requirement imposed pursuant

to the Atomic Energy Act and/or the Nuclear Waste Policy Act.

2. Definitions

The EPA is revising the definition of ``cover'' and adding a

definition for the term ``enclosure'' to clarify the EPA's intended

distinction between the two technologies, and to clarify the specific

requirements for an enclosure. As used in the final subpart CC

standards, the EPA considers a cover to be a device that is placed on

or over a unit and forms a barrier between the entire waste surface and

the space external to the unit. Examples of covers include a fitted lid

on a drum and a roof on a tank. In contrast, the EPA considers an

enclosure to be a structure that is external to a unit which surrounds

the unit and some space external to the unit. An example of an

enclosure would be a shed or a building within which a unit is either

permanently or temporarily located. The definition for ``cover''

contained in the December 6, 1994 final standards listed an enclosure

surrounding a container as an example of a cover, which has led to

several inquiries from the public as to whether a tank located inside a

building equipped with a ventilation system routed to a control device

would meet the requirements for tank covers specified in

Sec. 264.1084(d) and Sec. 265.1085(d). It is not the EPA's intent to

allow an enclosure or building surrounding a tank to meet the control

requirements for the final subpart CC standards; see Hazardous Waste

TSDF Background Information for Promulgated Organic Air Emission

Standards for Tanks, Surface Impoundments, and Containers, EPA-

[[Page 4905]]

453/R-94-076b (``BID''), page 6-61. To make explicit what is already

implicit in the final rule, EPA is clarifying that an enclosure

surrounding a tank is not equivalent to a cover on a tank. Thus, the

EPA is removing the example of an enclosure from the definition of

``cover'' and is creating a separate definition for the term

``enclosure.''

The final subpart CC standards require enclosures surrounding open

fixation containers to meet airflow and pressure drop requirements, as

specified in paragraph (b)(2)(ii) of Sec. 264.1086 and Sec. 265.1087.

The EPA has received a number of requests from the public to more

clearly specify these requirements. In response, the EPA is

specifically defining the term ``enclosure'' such that an enclosure be

designed and operated in accordance with the requirements of

``Procedure T--Criteria for and Verification of a Permanent or

Temporary Total Enclosure'' contained in Sec. 52.741, appendix B. The

requirements of this procedure will provide facilities with a more

clear definition of the EPA's intent for the design and operation of

enclosures.

The EPA is also amending the term ``waste stabilization'' to

specifically exclude the process of adding non-reactive absorbent

material to the surface of a waste. The EPA recognizes that to meet

certain criteria under the Land Disposal Restrictions, or to prevent

the introduction of liquids into certain combustion devices, owners or

operators apply absorbent material to the surface of wastes just prior

to disposal. In such procedures, the container is opened, absorbent

material is placed on the surface of the waste to absorb a relatively

small amount of liquid, and the container is closed. No mixing or

agitation is involved in this process. The EPA's intended definition of

waste stabilization for the final subpart CC air rules does not include

processes that do not include mixing or agitation, and do not involve

curing (BID, p. 6-57). The EPA is amending the definition of ``waste

stabilization'' to clarify this intent.

3. Schedule for implementation of air emission standards

The December 6, 1994 published rule establishes additional air

standards for TSDF owners and operators subject to 40 CFR part 264 or

40 CFR part 265. All requirements enacted under this final action are

effective as of June 6, 1996. This includes the application of the

requirements of 40 CFR part 265 subparts AA, BB, and CC to 90-day

accumulation units at hazardous waste generators, and the application

of 40 CFR part 265 subparts AA, BB, and CC to facilities with final

RCRA permits.

The final rule provides that when the required air emission control

equipment cannot be operational at an existing hazardous waste

generator or TSDF by June 6, 1996, an implementation schedule for

installation of the equipment must be developed and placed in the

facility operating records no later than June 6, 1996. In such cases,

Sec. 265.1082(a)(2)(i) states that the facility owner or operator must

have all air emission controls required by the final rule in operation

no later than December 8, 1997.

The EPA also recognizes that certain affected facilities may

require time beyond June 6, 1996 to implement other provisions of the

final standards, such as developing a facility program to perform the

specified leak detection tests on tank covers. Also, generator and TSDF

facilities to which the requirements of subparts AA and BB are newly

applicable on the June 6, 1996 effective date may need additional time

to come into compliance with all provisions of those subparts. The EPA

expects such instances to be rare, but in the event a facility cannot

implement any technical requirement of subparts AA, BB, or CC, it is

the EPA's intent that the owner or operator document the necessity for

a delay in the facility operating record. To be in compliance with the

rule, the necessary documentation must be in place by the June 6, 1996

effective date. To be in compliance with the subpart CC standards,

affected facilities must have all required air emission controls

installed and operating no later than December 8, 1997. However,

facilities newly subject to subparts AA and BB must be in compliance

with all the requirements of those subparts no later than 30 months

after the effective date that the facility becomes subject to those

subparts. Paragraph (a)(2) in Sec. 264.1033 and Sec. 265.1033 is

amended to clarify this intent.

In addition, the EPA is clarifying that an affected unit which the

owner or operator intends to replace or remove may also be in

compliance through the use of an implementation plan. The EPA

recognizes that certain facilities may choose to comply with the

subpart CC air rules by replacing an existing hazardous waste

management unit, or by modifying their facility process such that a

given waste management unit is no longer necessary. The EPA also

realizes that facilities could require time beyond June 6, 1996 to

complete such modifications, during which time it may be necessary for

the facility to continue adding hazardous waste to the affected unit.

The EPA had therefore intended to allow the owner or operator to be in

compliance with the subpart CC standards provided that sufficient

documentation is entered into the facility operating record by the June

6, 1996 effective date. The facility operating record must contain

sufficient information to document the necessity to continue adding

hazardous waste to the unit after June 6, 1996, and document the owner

or operator's schedule and plan to cease adding hazardous waste to the

affected unit as soon as is feasible, but no later than December 8,

1997 (BID p. 9-6).

Paragraphs (b)(3) and (b)(4) in Sec. 264.1080 and Sec. 265.1080

specify that the subpart CC standards do not apply to tanks or surface

impoundments for which the owner or operator has begun implementing or

has completed closure pursuant to an approved closure plan, and into

which the owner or operator has stopped adding hazardous waste.

However, if a closure plan has not been approved for an affected unit,

the final subpart CC standards are applicable to that unit. In such a

case, the subpart CC standards require that on the June 6, 1996

effective date, if the affected unit is not equipped with the

appropriate air emission controls, no hazardous waste may be added to

that unit. In this situation, it is the EPA's intent that the owner or

operator would be in compliance with the subpart CC standards provided

that sufficient documentation is entered into the facility operating

record by the June 6, 1996 effective date. This is consistent with the

situation described in the previous paragraph where the removal of an

affected unit cannot be accomplished before the June 6, 1996 effective

date. As with the situation described above, the facility operating

record must contain sufficient information to document the inability of

the owner or operator to cease adding hazardous waste to the unit prior

to June 6, 1996. The facility operating record must also include the

owner or operator's schedule to obtain an approved closure plan, or to

cease adding hazardous waste to that unit, no later than December 8,

1997.

The December 6, 1994 published rule allowed an extended effective

date and compliance date for tanks in which stabilization operations

are performed, to allow interested parties time to submit data to the

EPA and to allow EPA time to review that data (59 FR at 62897). The

effective date for such tanks was originally December 6, 1995. Since

the publication of that final rule, the effective date of the final

standards for all rule provisions has been extended

[[Page 4906]]

until June 6, 1996 (60 FR 56952). Therefore, the EPA no longer

considers it necessary to provide a separate compliance schedule for

tanks in which stabilization operations are performed, and the

effective date for such tanks will be the June 6, 1996 effective date

of the final rule.

4. Standards: General

The owner or operator must install and operate the specified air

emission controls on every affected tank, surface impoundment, and

container used in the waste management sequence from the point of waste

origination through the point where the organics in the waste are

removed or destroyed by a process in accordance with the requirements

of the rule. The final rule provides seven options by which an owner or

operator may demonstrate that the required treatment or destruction of

organics has been accomplished, as specified in Sec. 265.1083(c)(2) (i)

through (vii). Depending on the nature of the affected hazardous waste,

the process through which the waste has been managed, or the treatment

applied to the waste, one or more of these seven demonstration options

may not be appropriate for a given waste stream. In recognition of

this, the EPA chose to allow seven different options to demonstrate

that effective treatment has been accomplished; the EPA recognizes that

not all of these seven options will be practical for demonstrations of

all waste treatment scenarios. However, the EPA believes that the

variety of waste treatment demonstrations allowed in the final subpart

CC rules does offer at least one demonstration alternative for most, if

not all, reasonable waste treatment scenarios.

Paragraph (c)(2)(iii) of Secs. 264.1082 and 265.1083 is one of the

seven options to demonstrate that waste has been treated to effectively

reduce the organics in accordance with the requirements of the final

subpart CC standards. In the December 6, 1994 published rule, this

option required that the ``actual organic mass removal rate (MR) for

the process is greater than the required organic mass removal rate

(RMR) for the process.'' The EPA had intended this provision to specify

that the MR for the process must be greater than or equal to the RMR.

The EPA is amending this provision to clarify that intent.

The seven options in Sec. 265.1083(c)(2) refer to a waste treatment

process that accomplishes specified organic destruction or removal. As

the term ``process'' is used in these requirements, the EPA refers to

either a single waste treatment unit, or a series of waste treatment

units. If a facility uses a series of waste treatment units, the

applicable exemption from controls applies to units downstream of the

point where the necessary removal or destruction occurs. Thus, points

downstream of the unit which accomplishes the 95th percentile reduction

would not be required to install and operate air emission controls.

Similarly, the requirement for covers on tanks and surface

impoundments do not apply to tanks or surface impoundments in which

biological degradation of the organics in the hazardous waste treated

in the unit is demonstrated to achieve specific performance levels.

Either of the following sets of conditions, as described in paragraph

(c)(2)(iv) of Sec. 264.1082 and Sec. 265.1083, must be demonstrated to

qualify for this exemption: (1) The organic reduction efficiency for

the process is equal to or greater than 95 percent, and the organic

biodegradation efficiency for the process is equal to or greater than

95 percent; or (2) the total actual organic mass biodegradation rate

for all hazardous waste treated by the process is equal to or greater

than the required organic mass removal rate (59 FR at 62915). A

biological treatment unit that is operated within a series of units

would not be required to be equipped with a cover provided that series

of units met one of the treatment demonstration options in

Sec. 265.1083(c)(2), and the biological treatment unit occurred in the

series at the point where the necessary treatment was achieved. In the

case of a treatment series that achieved a 95 percent reduction in

organics by weight as demonstrated by the requirements of

Sec. 265.1083(c)(2)(ii), the biological treatment unit could operate

without a cover provided that it was the unit achieving the 95th

percent control for the affected waste streams. However, if the

placement of the biological treatment unit in the treatment series was

prior to the achievement of the 95th percent organic reduction, the

biological treatment unit must operate with a cover and air emission

controls.

Paragraph (d) in Secs. 264.1082 and 265.1083 of the final rule

indicated that certain materials that are not hazardous wastes must be

controlled in accordance with the subpart CC standards. These final

standards are only applicable to RCRA hazardous waste. The EPA is

amending Secs. 264.1082(d) and 265.1083(d) to clarify that non-

hazardous wastes are not subject to the subpart CC standards. (This

means, incidentally, that wastes that become exempt from RCRA subtitle

C by virtue of an exemption such as the Bevill amendments (codified at

261.4(b)(7)) or the domestic sewage exclusion (codified at 261.4(a)(1))

would not be subject to the subpart CC rules.) In making this

clarification, the EPA also notes that it is not addressing here (or in

any way reopening) the issue of the types of treatment standards under

the Land Disposal Restriction program to which hazardous waste

treatment residues could be subject before land disposal. Such

treatment standards could apply to spent treatment residues that are

not themselves identified or listed as a hazardous waste. See 58 FR at

29866-868 and 29871-72 (May 24, 1993) and Chemical Waste Management v.

EPA, 976 F.2d 2, 16-18 (D.C. Cir. 1992), cert. denied 113 S. Ct. 1961

(1993). This same caveat applies with respect to the spent activated

carbon residue discussed at section 9 below.

5. Waste Determination Procedures

Under the final subpart CC standards, a TSDF owner or operator is

not required to determine the volatile organic concentration of the

waste if it is placed in a tank, surface impoundment, or container

using the required air emission controls. However, an owner or operator

must perform a determination of the average volatile organic (VO)

concentration for each hazardous waste placed in a waste management

unit exempted from using air emission controls based on the VO

concentration of the waste at its point of waste origination. The EPA

is amending paragraphs (a)(1) and (b)(1) of Sec. 264.1083 to clarify

this requirement.

The determination of the volatile organic concentration of

hazardous waste under the final subpart CC standards is based on the

organic composition of the waste at the ``point of waste origination.''

The ``point of waste origination'' is defined in Sec. 265.1081 of the

final rule with respect to the point where the TSDF owner or operator

first has possession of a hazardous waste. This definition specifies

that when the TSDF owner or operator is the generator of the hazardous

waste, the ``point of waste origination'' means the point where a solid

waste produced by a system, process, or waste management unit is

determined to be a hazardous waste as defined in 40 CFR part 261. In

such a case, the owner or operator may sample the hazardous waste at

its point of origination, or may sample the waste at a point downstream

from the point of origination, provided the downstream sampling point

provides an accurate representation of the waste volatile organic

concentration as it was at the point of waste origination. Simply put,

an owner or operator may sample

[[Page 4907]]

downstream of the point of origination provided the waste has not been

altered, mixed with other materials, or allowed to release any volatile

organic components prior to sampling. When neither the TSDF owner or

operator is the generator of the hazardous waste, the ``point of waste

origination'' means the point where the owner or operator accepts

delivery or takes possession of the hazardous waste. The EPA considers

this to be the point when and where the TSDF owner or operator accepts

the waste manifest document for the hazardous waste.

The preamble to the final subpart CC rule incorrectly stated that

to calculate the average of a waste stream using direct measurement,

``a sufficient number of samples, but no less than four, must be

collected to represent the complete range of organic compositions and

organic quantities that occur in the hazardous waste stream during the

entire averaging period'' (59 FR at 62916). The intended rule

requirement to take a minimum number of four waste samples is for the

performance of one single waste determination. The requirement for four

individual samples is intended to compensate for both variations in the

methodology and variations within a waste stream that may be due to

non-homogeneous waste mixtures. It is not acceptable to take four or

more individual samples of a waste stream, mix the samples, then

perform a method 25D analysis on the mixture. The requirements of

Sec. 265.1084(a)(5)(iv) specify the procedure by which the four or more

samples be analyzed by method 25D individually, and the results

mathematically averaged to produce one waste determination result. This

process accounts for test method variability as well as variability in

the waste stream and the waste samples.

The EPA recognizes that not all hazardous waste regulated by the

subpart CC standards is liquid or aqueous. Therefore, Sec. 4.1.4 of

method 25D (40 CFR part 60, appendix A) includes a sampling technique

for solid materials. For wastes that are solid or semi-solid, a

representative sample is obtained by placing a 10 gram sample of the

waste material into a vial containing the specified 30 mL of

polyethylene glycol. Once the sample is obtained, the method 25D

analysis is performed as it would be on any other waste sample.

To calculate an average volatile organic concentration for a waste

stream that has variations in the organic concentration, the owner or

operator must perform the number of waste determinations that are

necessary to adequately demonstrate that the waste stream volatile

organic concentration meets the applicable criteria. An owner or

operator may choose to perform a waste determination at a point where

they know the waste stream is at its maximum volatile organic

concentration for the averaging period. If the resulting average of the

four required Method 25D sample runs yields a volatile organic

concentration below 100 parts per million by weight (ppmw), the owner

or operator would not need to perform additional waste determinations

for that averaging period. However, if the owner or operator was not

able to perform a waste determination at the point of the waste

stream's maximum volatile organic concentration, they could be required

to perform additional waste determinations during the averaging period

to sufficiently calculate a mass-weighted average volatile organic

concentration. The final subpart CC standards specify that the facility

owner or operator enter into the facility record a test plan that

demonstrates how they will perform a representative volatile organic

concentration determination.

The final subpart CC rules require that a waste determination be

performed prior to the first time a hazardous waste is placed in an

affected unit on or after June 6, 1996. Section 265.1084(a)(2) (i) and

(ii) specify the process to determine the average VO concentration for

waste streams generated as part of a continuous process or generated as

part of a batch process that is performed repeatedly but not

necessarily continuously. The EPA is amending Sec. 265.1084(a)(2) to

clarify that for waste generated as part of a batch process that is not

performed repeatedly, the owner or operator shall perform a waste

determination of the VO concentration of the waste in the batch. The

EPA is amending Sec. 265.1084(b)(2) to clarify the similar waste

determination procedures for treated hazardous waste.

The procedures in paragraphs (a)(5), (a)(6) and (b)(4) of

Sec. 265.1084 for determining the average VO concentration of a

hazardous waste require that the owner or operator have sufficient

knowledge of any variations in the volatile organic concentration of

their affected waste streams throughout the averaging period. An owner

or operator who does not have sufficient knowledge of variations in the

VO concentration of their waste stream prior to June 6, 1996, may not

be eligible to determine compliance with the final rule using the

average VO concentration for their affected waste streams. The option

to use an average volatile organic waste concentration requires

sufficient knowledge of the waste stream, and if that knowledge is not

available, the option is not allowed. In such a case, the owner or

operator would be required to install and operate air emission controls

on each affected unit receiving hazardous waste on or after June 6,

1996 (as required by paragraph (b) of Sec. 264.1082 and Sec. 265.1083),

or to determine that at no time waste with a VO concentration greater

than or equal to 100 ppmw is placed in a unit not equipped with the

required air emission controls (as required by paragraph (c) of

Sec. 264.1082 and Sec. 265.1083). In essence, each and every portion of

the hazardous waste entering the unit would be considered to be a

discrete quantity that is not generated as part of a batch process;

therefore, the average VO concentration of each of these discrete

quantities of waste would be the same as its measured VO concentration

(as described in Sec. 265.1084(a)(2)(iii) and Sec. 265.1084(b)(2)(iii),

as amended by today's action).

In Sec. 265.1084(a)(5)(v)(C) the equation to determine the average

VO concentration of the hazardous waste at the point of waste

origination was printed with an incorrect symbol representing the

average VO concentration of the hazardous waste at the point of waste

origination. The EPA is revising that equation to specify the correct

symbol.

Section 265.1084(a)(6)(iii) of the final subpart CC standards

allows an owner or operator to determine the volatile organic

concentration of a hazardous waste using knowledge that is based on

information supplied by the generator of the waste. The generator-

prepared information can be included in manifests, shipping papers, or

waste certification notices accompanying the waste shipment, as agreed

upon between the waste generator and the TSDF owner or operator. The

subpart CC final rules do not impose requirements for a generator to

provide such documentation to a TSDF. Rather, where such information

does exist, the TSDF owner or operator has the option to use that

information to perform the volatile organic waste determination or the

volatile organic vapor pressure determination upon accepting delivery

or taking possession of the hazardous waste. The EPA is amending

paragraph (b)(8) of Sec. 264.13 and Sec. 265.13 to clarify this intent.

The validity of any information used to comply with these final

standards is the responsibility of the owner or operator who has

custody of the waste. Therefore, a TSDF owner or operator should rely

on waste information only if it is provided by a source in whose

accuracy they have confidence.

[[Page 4908]]

The December 6, 1994 published rule incorrectly referenced the

requirements by which waste streams entering a process must be

measured, at Sec. 265.1084(b)(6)(iii)(B) and in the nomenclature for

CBj at Sec. 265.1084(b)(6)(iv). The EPA is amending these

provisions to reference the requirements contained in paragraph

(a)(5)(iv). The EPA is also amending the nomenclature for QAj in

Sec. 265.1084(b)(6)(iv) to clarify that it represents the mass quantity

of waste exiting the process.

To determine the maximum organic vapor pressure of a hazardous

waste in a tank using Method 25E, an owner or operator shall collect a

minimum of three waste samples. It was the intent of the EPA to defer

to the Clean Air Act General Provisions contained in Sec. 60.8(f) to

specify the number of samples required for a Method 25E analysis.

However, the subpart CC standards are not subject to Sec. 60.8(f);

therefore, this information was not referenced for the final subpart CC

standards. The EPA is amending the requirements of paragraph

265.1084(c) to require that, unless otherwise specified in the method

being used, a minimum of three samples shall be taken when using any of

the methods listed in Sec. 265.1084(c)(3)(ii). To perform a Method 25E

analysis, each of these samples shall be analyzed separately, and the

result of the analysis mathematically averaged. The requirements of

Method 25E specify the procedure to analyze the samples and

mathematically average the analytical results.

6. Standards: Tanks

In the final subpart CC tank standards, paragraph (b)(4) of

Sec. 264.1084 and Sec. 265.1085 allows the use of a pressure tank to

manage affected hazardous waste. The EPA did not intend to specify

operating conditions or a minimum internal pressure that must be met to

comply with the option. For the purpose of complying with this

provision of the subpart CC standards, the EPA is clarifying that a

pressure tank must be designed and operated such that the internal

pressure is above atmospheric pressure and the tank operates as a

closed system, with no detectable emissions occurring during routine

operations including filling and emptying (BID p. 6-51). Therefore, the

tank must be designed and operated to withstand the pressure of having

the vapor space of the waste compressed until the tank is filled to

design capacity. The EPA is amending the tank standards to clarify this

requirement.

The EPA intended that the final subpart CC standards allow tanks to

operate with a fixed-roof type cover without any additional air

emission controls provided certain conditions were met (59 FR at

62917). As published in the December 6, 1994 final standards, paragraph

(c) of Sec. 264.1084 and Sec. 265.1085 did not correctly convey the

EPA's intent for this provision. The EPA is revising these paragraphs

of the tank standards to clarify that for the purposes of compliance

with the subpart CC standards, tanks meeting the specified waste

management requirements can operate fixed-roof type covers without

additional air emission controls.

One of the conditions that must be met for this provision is that

no turbulent agitation may occur on the surface of the waste, as

described in paragraph (c)(1) of Sec. 264.1084 and Sec. 265.1085. Such

turbulence on the surface of a waste increases emission of organics

from the waste to the air. This cover-only option was provided for

tanks that are used for waste storage, and in which no waste treatment

is occurring. The cover-only option of paragraph (c)(1) does not

provide effective emission control for waste that is managed such that

there is visible turbulent flow on the surface of the waste. The EPA

considers that the requirements of paragraph (c)(1) are consistent with

the provisions of the New Source Performance Standard for volatile

organic liquid storage vessels under 40 CFR part 60, subpart Kb, after

which the technical requirements for fixed-roof covers were modelled.

The EPA does not intend to specify a test to measure turbulent flow, or

to otherwise narrowly define the conditions that meet this paragraph.

The EPA does wish to clarify that for a tank through which the waste

surface is not viewable, an owner or operator may elect to use

engineering calculations and modelling to determine if the surface of

the hazardous waste managed in a tank has turbulent flow that would be

visible.

The EPA recognizes that, for certain hazardous wastes managed in

tanks, it may be necessary to continuously mix, stir or circulate the

waste inside the tank during normal storage operations. For instance,

the properties of the waste may be such that it is necessary to

continuously stir the waste to prevent phase separation or to prevent

the waste from solidifying. Paragraph (c)(1) of Sec. 264.1084 and

Sec. 265.1085 prohibits such activities if they result in splashing,

frothing, or visible turbulent flow on the surface of the waste.

However, an owner or operator may perform continuous or frequent mixing

operations in a cover-only tank, provided the operation does not cause

visible turbulent flow on the surface of the waste. To be allowed under

the requirements of paragraph (c)(1), such a mixing operation must be

designed and performed to operate without causing visible turbulent

flow on the waste surface. To design and operate a mixing system to

ensure that visible turbulent flow does not occur, the owner or

operator must consider all relevant factors, including mixing speed,

position of the mixing apparatus, and waste level in the tank. If the

mixing apparatus is positioned and designed such that visible turbulent

flow occurs when the waste is below a certain level in the tank, the

mixing operation must be ceased when the waste is not above that level

in the tank. During such a period, visible turbulent flow on the

surface of the waste would be allowed if it resulted from an

intermittent required operation, such as loading waste into the tank.

The EPA recognizes that owners or operators may need to mix, stir

or circulate the waste that is stored in tanks to occasionally perform

certain necessary operations, and these actions may result in

splashing, frothing, or visible turbulent flow. Examples of this

include mixing waste contents at sample times to facilitate obtaining a

representative waste sample, and causing visible turbulent flow on the

waste surface during transfer of hazardous waste into or from the tank.

In such a situation, there would be a mixing apparatus available to be

used in the tank, but this apparatus would not be in use during normal

waste storage operations. The EPA considers some degree of splashing,

frothing, or visible turbulent flow to be allowable, provided that the

activity causing this condition is waste sampling, waste transfer, or a

similar necessary operation that is performed infrequently. The

requirements of Sec. 264.1084(c)(1) and Sec. 265.1085(c)(1) specify

that the disallowed waste management activities must not be part of the

normal process operations for that tank. The EPA intends that provision

to prohibit continual or usual performance of such procedures, but

allow the procedure when necessary to perform intermittent operations,

such as waste sampling or waste transfer (BID p. 6-54). Therefore, a

tank for which the waste transfer operation is continuous or occurs

frequently and causes visible turbulent flow, should be equipped with

organic emission controls in accordance with paragraph (b) of

Sec. 264.1084 and Sec. 265.1085. Similarly, the EPA intends that this

clarification also apply to hazardous waste management in surface

impoundments complying with the

[[Page 4909]]

floating membrane cover provisions of Sec. 264.1085(c) and

Sec. 265.1086(c).

An additional condition that must be met for the fixed-roof cover

control option requires that the waste managed in the unit have a

volatile organic vapor pressure below certain limits based on the

capacity of the tank, as described in paragraph (c)(4) of Sec. 264.1084

and Sec. 265.1085. The waste managed in the tank must meet the

appropriate volatile organic vapor pressure limits at the highest vapor

pressure that will occur under normal operating conditions. Unlike the

waste volatile organic concentration determination which must represent

individual waste streams prior to mixing or dilution, the waste organic

vapor pressure determination must indicate the vapor pressure of the

actual mixture of waste that is managed in the tank. The waste organic

vapor pressure to be compared to the limits specified in

Sec. 264.1084(c)(4) and Sec. 265.1085(c)(4) of the final rule is the

highest pressure present among any temperatures at which the waste is

present in the tank.

The EPA had intended the final subpart CC standards to allow fixed-

roof covers on tanks to be equipped with one or more pressure relieving

devices that vent directly to the atmosphere to allow for the relief of

pressure or vacuum caused by normal operations (BID p. 6-47). For the

purposes of this provision the EPA requires that the pressure relieving

device be a normally closed device that opens only when a pressure or

vacuum is created in the unit. The EPA does not intend to specify

parameters for the operation or setting of such pressure relieving

device, but rather has established a performance standard that the

facility owner or operator design and operate the conservation vents so

that emissions to the atmosphere are minimized, yet tank integrity is

protected, in accordance with sound engineering design specifications

and practices appropriate for the affected tank. This provision is

clarified in the amendments to paragraph (c) of Sec. 264.1084 and

Sec. 265.1085. This allowance for pressure relieving devices differs

from the final rule allowance for safety devices described in paragraph

(g) of Sec. 264.1084 and Sec. 265.1085, which are only allowed to vent

to the atmosphere during unplanned events. Units not eligible to be

equipped with pressure relieving devices that open during normal

operations include pressure tanks, and tanks equipped with floating

roofs.

7. Standards: Surface Impoundments

In the December 6, 1994 published rule, paragraph (d) of

Sec. 264.1085 and Sec. 265.1086 incorrectly referenced paragraph

(b)(1), which does not exist. The EPA is amending paragraph (d) of

these sections to reference paragraph (b), as intended.

8. Standards: Containers

In Sec. 264.1086 and Sec. 265.1087, paragraph (b)(1) lists three

options to demonstrate compliance for containers used to manage

hazardous waste subject to subpart CC. The first option, in paragraph

(b)(1)(i), specifies that the container operates with no detectable

emissions as tested by Method 21 in 40 CFR part 60 appendix A. This

option is appropriate for any container subject to subpart CC,

including the types of containers specified in the second and third

options. The second option, in paragraph (b)(1)(ii), is a container

with a capacity of 0.46 cubic meters, which complies with all

Department of Transportation regulations for packaging hazardous waste

for transport under 40 CFR part 178. The third option, in paragraph

(b)(2)(iii), is a tank truck or rail car that has been demonstrated

within the previous 12 months to be organic vapor tight using the

pressure test specified in Method 27 of 40 CFR part 60 appendix A. The

EPA has received several questions regarding the applicability of

Method 27 for use on vehicular containers that are not equipped with a

vapor recovery system. This method is a pressure test procedure

originally developed by the EPA for determining the vapor-leak

tightness of a gasoline tank truck equipped with a vapor recovery

system. The EPA also considers Method 27 appropriate on tank trucks and

rail cars that are used to manage hazardous waste, regardless of

whether the tank truck or rail car is equipped with a vapor recovery

system. As described above, an owner or operator of a tank truck or

rail car has the option to comply with paragraph (b)(1)(i), and

demonstrate no detectable emissions by Method 21, as does the owner or

operator of any container equal to or less than 0.46 m\3\ in capacity.

Paragraph (b)(2)(ii) of Sec. 264.1086 and 265.1087 of the December

6, 1994 final standards describes the criteria for an enclosure in

which stabilization operations performed in open containers must be

located. In describing the requirements for the enclosure, the EPA had

intended to paraphrase the specifications of Procedure T in Appendix B

to Sec. 52.741, titled ``Criteria for and Verification of a Permanent

or Temporary Total Enclosure.'' To better clarify the intended

requirements for container enclosures, the EPA is revising the

enclosure requirements of paragraph (b)(2)(ii) to specifically

reference Procedure T in Sec. 52.741, Appendix B.

The waste transfer requirements specified in paragraph (b)(3) of

Sec. 264.1086 and Sec. 265.1087 of the final rule for containers are

intended to reduce exposure of hazardous waste to the atmosphere.

Paragraph (b)(3)(i) specifically describes submerged-fill techniques to

be used; however, the EPA does not intend that submerged-fill be

performed in situations where the process of submerged-fill increases

waste exposure to the atmosphere, or worker exposure to hazardous

wastes. Certain splash loading operations are performed through a

fitted opening in the top of a container, and the transfer line is

subsequently purged with nitrogen gas to clean the interior of the line

before it is removed from the container opening. This transfer practice

could result in less waste exposure than a submerged-fill practice

performed for the same waste and container. Another container loading

practice is vapor balancing, in which the vapors displaced by

transferring waste into a container are routed to the unit from which

the waste was transferred. Thus, the EPA is adding clarifying language

to the container transfer requirements of paragraph (b)(3) in

Sec. 264.1086 and Sec. 265.1087 to direct owners or operators to

transfer waste using the procedure that will minimize exposure of waste

to the atmosphere.

The submerged filling procedure described in the final subpart CC

standards is one procedure that may be appropriate for waste transfer

into containers, but the EPA is amending these provisions to direct

owners or operators to employ the container filling practice most

appropriate for their facility operation.

The EPA originally intended the subpart CC final rules to allow

containers to vent emissions directly to the atmosphere during filling

operations. The December 6, 1994 final rules only allowed for venting

through the opening through which waste was transferred. The EPA

intended to allow venting during waste transfer operations either

through the opening through which the waste is transferred, or through

a second opening that would serve as a vent. In addition to the

amendment to paragraph (b)(3) described above, the EPA is amending

paragraph (c) of Sec. 264.1086 and Sec. 265.1087 to clarify this

venting allowance.

9. Closed-Vent Systems and Control Devices

The final subpart CC standards added requirements for the

management of

[[Page 4910]]

spent carbon removed from a carbon adsorption system used to comply

with the subpart AA, BB, and CC standards. The EPA is clarifying that

the carbon management requirements are only applicable to carbon that

is hazardous waste. Spent carbon is hazardous if it exhibits a

characteristic of hazardous waste or if it is listed. Spent carbon

deriving from the treatment of listed hazardous waste is considered to

be a type of listed waste by virtue of the derived from rule found at

Sec. 261.3(c)(2). See also 56 FR at 7200 (February 21, 1991).

The EPA is amending the spent carbon management requirements of

Secs. 264.1033(m) and 265.1033(l), and paragraph (c)(3)(ii) of

Sec. 264.1087 and Sec. 265.1088 to clarify the intent described today.

The EPA is also revising Secs. 264.1033(m) and 265.1033(l) to allow

management of affected spent carbon to be conducted in certain interim

status units in addition to the permitted units specified in the

December 6, 1994 published rule.

10. Inspection and Monitoring Requirements

As published in the December 6, 1994 final rule,

Secs. 264.1033(k)(2) and 265.1033(j)(2) allowed that after the required

initial leak detection monitoring, an owner or operator is not required

to conduct annual monitoring on those closed-vent system components

which continuously operate in vacuum service. The EPA had intended that

this allowance apply to system components continuously operating under

negative pressure, because such systems would not release constituents

to the atmosphere even if there were a rupture or other loss of

integrity to the component (BID p. 6-100). However, the EPA specified

the term ``in vacuum service,'' which requires that a system operate at

an internal pressure at least 5 kPa below ambient pressure, under the

assumption that systems operating under negative pressure would meet

this requirement. The use of the term ``in vacuum service'' has

prompted several questions from the public asking EPA to clarify

whether systems operated under negative pressure, but not necessarily

in vacuum service, must be monitored annually after the initial leak

detection monitoring. The EPA had intended to not require annual

monitoring of closed-vent system components which operate under

pressure such that all emissions are routed to a control device even if

a leak or hole exists in the component. A component that continuously

operates under negative pressure would satisfy this intent, even if the

component does not necessarily operate in vacuum service. Therefore,

the EPA is amending Secs. 264.1033(k)(2) and 265.1033(j)(2) to specify

that, after the initial leak detection monitoring, an owner or operator

is not required to monitor system components which continuously operate

under negative pressure.

As published in the December 6, 1994 standards, the reference in

paragraph (d) of Sec. 264.1088 and Sec. 265.1089 incorrectly specified

that certain control devices used to comply with the subpart CC

standards must be inspected and monitored in accordance with the

procedures specified in Sec. 264.1033(f). The EPA had intended that

this reference should be to Sec. 264.1033(f)(2). The EPA is amending

paragraph (d) in Sec. 264.1088 and Sec. 265.1089 to correct this

reference and to clarify the frequency of monitoring and the

requirement for corrective measures.

11. Recordkeeping Requirements

The EPA is amending Sec. 264.1089(a)(1) and Sec. 265.1090(a)(1)

such that these paragraphs correctly reference paragraph 265.1091(a) of

the alternative tank control requirements. The EPA is also amending

Sec. 264.1089(e) and Sec. 265.1090(e) such that these paragraphs

correctly specify recordkeeping requirements for a hazardous waste

incinerator and boiler or industrial furnace used to comply with the

treatment demonstration options in Sec. 264.1082 and Sec. 265.1083.

These amendments clarify references that were incorrectly printed in

the December 6, 1994 published standards (59 FR 62896).

12. Reporting Requirements

The EPA is amending Sec. 264.1090 (c) and (d) to clarify what

noncompliance occurrences for control device operations a facility

owner or operator must report to their Regional Administrator.

13. Alternative Control Requirements for Tanks

Paragraph 265.1091(a)(1)(i) of the final subpart CC standards

specifies filling requirements for a tank equipped with an internal

floating roof. The requirement is that when the roof is resting on the

leg supports, the process of filling, emptying, or refilling shall be

continuous and shall be accomplished as rapidly as possible. The intent

of this requirement is to minimize the time during which a vapor space

exists between the floating roof and the stored waste. EPA recognizes

that facility owners or operators may not have full control over the

amount and handling of waste transferred into their tanks, and this may

lead to periods when the filling of a tank may not be continuous.

Therefore, the EPA is clarifying this requirement to state that the

process of filling shall be as continuous as possible, based on the

amount of waste and the nature of the waste handling operation.

14. Immediate Effective Date

The EPA has determined to make today's action effective

immediately. The EPA believes that the corrections being made in this

document are either interpretations of existing regulations which do

not require prior notice and opportunity for comment, or are technical

corrections of obvious errors in the published rule (for example

corrections of regulatory language that is inconsistent with the

preamble, BID, or with otherwise clearly indicated EPA intent) for

which comment is unnecessary (within the meaning of 5 USC

553(b)(3)(B)). In addition, the EPA notes that many of these

clarifications result from the public comment obtained at various

public meetings regarding the subpart CC standards that were held

during the summer of 1995. Thus, the EPA has provided for a measure of

opportunity to comment.

Docket. Five RCRA dockets contain information pertaining to today's

rulemaking: (1) RCRA docket number F-91-CESP-FFFFF, which contains

copies of all BID references and other information related to the

development of the rule up through proposal; (2) RCRA docket number F-

92-CESA-FFFFF, which contains copies of the supplemental data made

available for public comment prior to promulgation; (3) RCRA docket

number F-94-CESF-FFFFF, which contains copies of all BID references and

other information related to development of the final rule following

proposal; (4) RCRA docket number F-94-CE2A-FFFFF, which contains

information pertaining to waste stabilization operations performed in

tanks; and (5) RCRA docket number F-95-CE3A-FFFFF, which contains

information about potential final rule revisions made available for

public comment. The public may review all materials in these dockets at

the EPA RCRA Docket Office.

The EPA RCRA Docket Office is located at Crystal Gateway, 1235

Jefferson Davis Highway, First Floor, Arlington, Virginia. Hand

delivery of items and review of docket materials are made at the

Virginia address. The public must have an appointment to review docket

materials. Appointments can be scheduled by calling the Docket Office

at (703) 603-9230. The mailing address for the RCRA Docket Office is

RCRA

[[Page 4911]]

Information Center (5305W), 401 M Street SW., Washington, DC 20460. The

Docket Office is open from 9 a.m. to 4 p.m., Monday through Friday,

except for Federal holidays.

Legal Authority

These regulations are amended under the authority of sections 2002,

3001-3007, 3010, and 7004 of the Solid Waste Disposal Act of 1970, as

amended by RCRA, as amended (42 U.S.C. 6921-6927, 6930, and 6974).

List of Subjects

40 CFR Part 262

Environmental protection, Accumulation time, Air pollution control,

Container, Tank.

40 CFR Parts 264 and 265

Air pollution control, Container, Control device, Hazardous waste,

Incorporation by reference, Inspection, Miscellaneous unit, Monitoring,

Reporting and recordkeeping requirements, Standards, Surface

impoundment, Tank, TSDF, Waste determination.

40 CFR Part 270

Administrative practice and procedure, Air pollution control,

Confidential business information, Hazardous waste, Permit, Permit

modification, Reporting and recordkeeping requirements.

Dated: December 18, 1995.

Mary D. Nichols,

Assistant Administrator for Air and Radiation.

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

262, 264, 265, 270, and 271 of the Code of Federal Regulations is

amended as follows:

PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

1. The authority citation for part 262 continues to read as

follows:

Authority: 42 U.S.C. 6906, 6912(a), 6922, 6923, 6924, 6925, 6937

and 6938, unless otherwise noted.

Sec. 262.34 [Amended]

2. Section 262.34(a)(1)(i) is amended by inserting a comma after

``subparts I'' to read ``subparts I, AA, BB and CC''.

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

TREATMENT, STORAGE, AND DISPOSAL FACILITIES

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

follows:

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

Subpart B--General Facility Standards

4. Section 264.13 is amended by revising paragraphs (b)(8) (i) and

(ii) to read as follows:

Sec. 264.13 General waste analysis.

* * * * *

(b) * * *

(8) * * *

(i) If direct measurement is used for the waste determination, the

procedures and schedules for waste sampling and analysis, and the

results of the analysis of test data to verify the exemption.

(ii) If knowledge of the waste is used for the waste determination,

any information prepared by the facility owner or operator or by the

generator of the hazardous waste, if the waste is received from off-

site, that is used as the basis for knowledge of the waste.

Subpart AA--Air Emission Standards for Process Vents

5. In Sec. 264.1033 the second sentence of paragraph (a)(2) is

revised, paragraph (k)(2) is revised, and paragraph (m) is revised to

read as follows:

Sec. 264.1033 Standards: Closed-vent systems and control devices.

(a) * * *

(2) * * * The controls must be installed as soon as possible, but

the implementation schedule may allow up to 30 months after the

effective date that the facility becomes subject to this subpart for

installation and startup. * * *

* * * * *

(k) * * *

(2) Closed-vent systems shall be monitored to determine compliance

with this section during the initial leak detection monitoring, which

shall be conducted by the date that the facility becomes subject to the

provisions of this section, annually, and at other times as requested

by the Regional Administrator. For the annual leak detection monitoring

after the initial leak detection monitoring, the owner or operator is

not required to monitor those closed-vent system components which

continuously operate under negative pressure or those closed-vent

system joints, seams, or other connections that are permanently or

semi-permanently sealed (e.g., a welded joint between two sections of

metal pipe or a bolted and gasketed pipe flange).

* * * * *

(m) The owner or operator using a carbon adsorption system shall

document that all carbon removed that is a hazardous waste and that is

removed from a carbon adsorption system used to comply with

Sec. 264.1033(g) and Sec. 264.1033(h) is managed in one of the

following manners, regardless of the volatile organic concentration of

that carbon:

(1) Regenerated or reactivated in a thermal treatment unit for

which the owner or operator has been issued a final permit under 40 CFR

part 270, and designs and operates the unit in accordance with the

requirements of subpart X of this part;

(2) Incinerated in a hazardous waste incinerator for which the

owner or operator either:

(i) Has been issued a final permit under 40 CFR part 270, and

designs and operates the unit in accordance with the requirements of

subpart O of this part; or

(ii) Has certified compliance with the interim status requirements

of 40 CFR part 265, subpart O; or

(3) Burned in a boiler or industrial furnace for which the owner or

operator either:

(i) Has been issued a final permit under 40 CFR part 270, and

designs and operates the unit in accordance with the requirements of 40

CFR part 266, subpart H; or

(