[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Rules and Regulations]
[Pages 50426-50430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24268]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 264 and 265

[IL-64-2-5807; FRL-5306-9]


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; stay.

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SUMMARY: The EPA is issuing a stay subject to conditions for air 
standards applicable to hazardous waste treatment, storage, and 
disposal facilities (TSDF). This stay is applicable to tanks and 
containers used for the management of certain hazardous wastes 
generated by organic peroxide manufacturing processes. Certain organic 
peroxide manufacturing wastes are inherently unstable and can not 
safely be confined in closed units or systems. Therefore, the EPA is 
staying the applicability of the subpart CC technical requirements for 
units managing these specific organic peroxide compounds.

EFFECTIVE DATE: December 6, 1995.

ADDRESSES: Docket. Docket entries cited in this notice may be found in 
RCRA docket number F-94-CE2A-FFFFF. Other RCRA docket numbers that 
pertain to the final rule are F-91-CESP-FFFFF, F-92-CESA-FFFFF, and F-
94-CESF-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.

FOR FURTHER INFORMATION CONTACT: For further information about this 
stay contact the RCRA Hotline at (703) 412-9877 or toll-free at 1-800-
424-9346.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 6, 1994, the EPA published in the Federal Register (59 
FR 62896) under authority of the Resource Conservation and Recovery Act 
(RCRA), as amended, standards requiring the use of air emission 
controls on certain tanks, surface impoundments, and containers at 
hazardous waste treatment, storage, and disposal facilities (TSDF). 
These standards are codified in 40 CFR parts 264 and 265 under subpart 
CC (referred to as the ``subpart CC standards'').
    A major manufacturer of organic peroxide products has expressed its 
concern to the EPA regarding the availability of air emission controls 
which could safely be used on tanks and containers that manage certain 
types of organic peroxides. Certain organic peroxides are temperature 
sensitive compounds that are subject to spontaneous, rapid 
decomposition under certain conditions. The company maintains that use 
of the air emission controls required under the subpart CC standards on 
certain tanks and containers at their organic peroxides manufacturing 
facilities would have the potential to significantly increase the risk 
of explosion and fire. An inherent risk is created because these units 
manage a variety of organic peroxide wastes, including intermittent 
batches or streams containing organic peroxides that potentially 
undergo spontaneous, rapid thermal decomposition and hydrolysis at or 
below ambient temperatures.
    A variety of organic peroxide products are manufactured in the 
United States for use by the plastics and allied industries. Typically, 
these organic peroxide compounds serve as initiators (catalysts) and 
resin hardeners in the manufacture of widely used polymer plastics 
(e.g., polystyrene, polyvinyl chloride, polyethylene, acrylic resins). 
At some organic peroxide manufacturing facilities, the production 
processes may generate hazardous wastes containing organic peroxides 
that are placed in waste management units subject to the subpart CC 
standards.
    The manufacture, transport, and use of organic peroxide products 
may require implementing special safety precautions to avoid the 
spontaneous, rapid decomposition of certain organic peroxides. The rate 
at which these organic peroxides decompose is a function of 
temperature. Individual organic peroxide compounds and mixtures of 
these compounds have different sensitivities to temperature. Some 
organic peroxide compounds are relatively stable (i.e., do not 
decompose) at ambient temperatures (e.g., 30  deg.C). In general, it is 
not necessary to handle these types of organic peroxides any 
differently than other organic compounds during normal process 
operations. Other organic peroxide compounds can undergo spontaneous, 
rapid thermal decomposition and hydrolysis at temperatures at, or 
below, ambient temperatures. Once initiated, the self-accelerating 
thermal decomposition and hydrolysis reactions very rapidly generate 
large quantities of gaseous organic compounds and oxygen. Confinement 
of this gaseous mixture in an enclosed vessel (such as a covered tank 
or ventilation ducts) creates conditions that could result in 
explosion, detonation, and/or fire. Consequently, handling these types 
of organic peroxide compounds requires use of precautionary measures to 
address the possibility of uncontrolled organic peroxide decomposition.
    The organic peroxide manufacturer who has raised this issue with 
the EPA produces a variety of organic peroxide products which are 
potentially unstable at or below ambient temperatures. The organic 
peroxide characteristics of the hazardous waste placed in tanks and 
containers at the company's facilities are highly variable because of 
the number of different types of organic peroxide products 
manufactured, the types of manufacturing processes used, and the nature 
of the operations used to safely handle organic peroxides at this 
company's facilities. Consequently, at any given time, the organic 
peroxide composition and concentration in the hazardous waste placed in 
these tanks and containers could potentially attain proportions 
initiating the spontaneous organic peroxide decomposition reactions. 
Unless provisions are made 

[[Page 50427]]
for the very rapid evacuation of the decomposition gases, an explosion 
or fire could result in the waste management unit.
    Prior to publication of the final subpart CC standards, the EPA 
received a letter from the company requesting the EPA to identify 
control technologies that could be safely used to control organic 
emissions from tanks managing hazardous waste waters that contains 
organic peroxides (RCRA docket entry F-94-CE2A-0001). The Agency was in 
the process of revising the draft final subpart CC standards to include 
a provision for safety venting of tanks and containers. Based on an 
initial review of the information provided, the Agency considered these 
safety vent provisions to be adequate to address the concerns raised by 
the company.
    In November 1994, the EPA received a second letter restating the 
company's safety concerns with respect to implementing the subpart CC 
standards on tanks and containers at their organic peroxide 
manufacturing facilities (RCRA docket entry F-94-CE2A-0002). In 
response to this letter, the EPA met with company representatives on 
January 11, 1995 (RCRA docket entry F-94-CE2A-S0001). During this 
meeting, the company representatives stated that certain tanks and 
containers at its organic peroxide manufacturing facilities may require 
air emission controls under the subpart CC standards. Several different 
control equipment approaches for these tanks and containers have been 
considered by the company for complying with the subpart CC standards. 
For all cases, the company has concluded that use of the control 
equipment on the tanks and containers in accordance with the 
requirements specified in the subpart CC standards would have the 
potential to significantly increase the risk of explosion and fire at 
the company's facilities.

II. Issuance of Stay

    The EPA expects that TSDF owners and operators will follow the 
proper safety procedures appropriate for their particular situations 
when designing and operating all air emission controls required by the 
subpart CC standards. In response to comments received at proposal, the 
EPA added several provisions to the final rule that specifically 
address special situations when venting of covers and other air 
emission control equipment is necessary for safety reasons. For example 
under 40 CFR 264.1084(g) and 40 CFR 265.1085(g), owners and operators 
are allowed to use pressure relief valves or other types of safety 
devices on a tank cover required under the subpart CC standards to 
address those special situations in which emergency venting of the 
covered tank is necessary, consistent with good engineering and safety 
practices, to prevent physical damage or permanent deformation of the 
tank or cover.
    Following the January 11, 1995 meeting with the company, the EPA 
reviewed the air emission control equipment safety device provisions 
included in the final subpart CC standards with respect to the special 
nature of managing hazardous waste that contains organic peroxides with 
the potential to undergo spontaneous, self-accelerating decomposition 
reactions at or below ambient temperatures. The EPA recognizes that 
special precautions must be followed when handling hazardous wastes 
containing these types of organic peroxides. Tanks and containers used 
for management of this type of hazardous waste exist at one company's 
facilities and may exist at other TSDF locations of which the EPA is 
not yet aware. Some of these tanks and containers potentially could be 
subject to the subpart CC standards and require the use of air emission 
controls. The EPA recognizes that certain site-specific circumstances 
may exist where the provisions in the subpart CC standards allowing the 
use of safety devices on the air emission controls (as provided by, 
e.g., 40 CFR 264.1084(g)) may not be adequate to provide a level of 
safety consistent with good engineering and safety practices for 
handling organic peroxides, based on the composition of the organic 
peroxide wastes and the management operations for those wastes. 
Therefore, the EPA considers it appropriate to issue an administrative 
stay of the subpart CC standards' applicability, subject to conditions, 
for those special situations where hazardous waste that contains 
organic peroxides with the potential to undergo spontaneous, self-
accelerating decomposition reactions at or below ambient temperatures 
are managed at a TSDF in tanks or containers, and for which the 
facility owner or operator determines that the use of any appropriate 
air emission controls, as required by the subpart CC standards, on 
these tanks and containers would create an undue safety hazard.
    Based on the information provided to the EPA, the special 
circumstances requiring the need to issue this stay for these tanks and 
containers do not occur for TSDF surface impoundments. In particular, 
the only impoundment receiving these wastes is scheduled to be replaced 
by tanks before December 8, 1997, the compliance date by which 
facilities must install controls on units that were initially in 
compliance with the subpart CC standards through an implementation 
plan.
    By today's issuance of the stay, the requirements of the subpart CC 
standards, with the exception of certain recordkeeping requirements, do 
not apply to TSDF tanks and containers used for management of hazardous 
waste generated by organic peroxide manufacturing and its associated 
laboratory operations when the facility owner or operator meets all of 
the conditions of the stay. This means that, for these specific tanks 
and containers at a TSDF site, the facility owner and operator is 
neither required to install and operate the air emission controls 
specified in the subpart CC standards on the waste management units, 
nor required to perform waste determinations for the hazardous waste 
placed in the units provided that the owner or operator satisfies all 
three conditions of the stay.
    The first condition of the stay is that the tank or container must 
be used to manage hazardous waste from organic peroxide manufacturing 
processes that produce more than one functional family of organic 
peroxides, and these organic peroxides are the predominant products 
manufactured by the process. Further, these organic peroxides can 
potentially undergo self-accelerating thermal decomposition at or below 
ambient temperatures and these organic peroxides are the predominate 
products manufactured by the process. For the purpose of meeting this 
condition of this stay, ``organic peroxide'' means an organic compound 
that contains the bivalent -O-O- structure and which may be considered 
to be a structural derivative of hydrogen peroxide where one or both of 
the hydrogen atoms has been replaced by an organic radical.
    The second condition of the stay is that the TSDF owner or operator 
must prepare documentation that explains why installation and operation 
of air emission controls on the tank or container, as required by the 
subpart CC standards, would create an undue safety hazard. The specific 
information that the EPA considers to be necessary to satisfy this 
condition is listed in Sec. 264.1089(i) and Sec. 265.1090(i) added to 
the subpart CC standards by today's action (the requirements in 
Sec. 264.1089(i) applicable to permitted TSDF and in Sec. 265.1090(i) 
applicable to interim-status TSDF are identical). The stay requires no 
administrative action by the EPA to take effect at a facility for which 
the owner or operator claims to satisfy the conditions of the stay. 
However, EPA officials (or officials from an 

[[Page 50428]]
authorized State) could question the completeness and adequacy of the 
information prepared by the TSDF owner or operator to support the stay 
claim with respect to the requirements of Sec. 264.1089(i) or 
Sec. 265.1090(i), as applicable to the facility.
    The third condition for the stay is that the TSDF owner or operator 
claiming the benefit of the stay submit a one-time notification of that 
fact to the appropriate EPA Region or authorized State office. This 
notice is to state that the TSDF manages hazardous wastes otherwise 
subject to the subpart CC standards in tanks and containers, but is not 
subject to those rules by virtue of this administrative stay. The 
notice must include the name and address of the facility, and must be 
signed and dated by an authorized representative of the facility owner 
or operator. This notification is necessary to alert EPA and State 
officials of the existence of the facility and, thus, provides a means 
of verifying if the stay conditions have been satisfied. As explained 
above, the stay is self-implementing; therefore, no administrative 
action by the EPA is necessary for the stay to apply to a particular 
TSDF. Thus, the notification does not present facts warranting grant of 
a stay; rather, it notifies the EPA and State authorities that the stay 
is being claimed by a TSDF owner or operator.

III. Administrative Requirements

A. Docket

    Docket entries cited in this notice may be found in RCRA docket 
number F-94-CE2A-FFFFF. Other RCRA docket numbers that pertain to the 
final rule are F-91-CESP-FFFFF, F-92-CESA-FFFFF, and F-94-CESF-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.

IV. Legal Authority

    The EPA is issuing this administrative stay pursuant to 5 U.S.C. 
705, authorizing administrative agencies to stay administrative action 
pending judicial review when ``justice so requires.'' See also Rule 18 
of the Federal Rules of Appellate Procedure authorizing issuance of 
administrative stays pending review. (A petition for review has been 
filed regarding applicability of the subpart CC standards to persons 
managing hazardous waste containing organic peroxides in tanks and 
containers.) The EPA believes that issuance of a stay for this type of 
hazardous waste is needed because the promulgated regulation could (in 
the limited circumstances discussed in this notice) make it more 
dangerous to manage the waste. The stay is needed to prevent such an 
adverse result. The EPA also believes that the minimal conditions 
attached to the stay--documentation of the reason why the stay applies 
plus a one-time notification--are necessary to limit the stay only to 
the situations warranting relief.
    To the extent good cause (pursuant to 5 U.S.C. 553 (b)) is needed 
to justify the Agency's immediately effective conditioned stay, the EPA 
believes that it is provided by the need to avoid the risks of 
explosion that could occur without the stay. In addition, the EPA notes 
that the general issue of providing a type of safety-override in the 
rule was addressed during the comment period and in the final rule, so 
that today's action arises from the notice and comment already provided 
during the rulemaking.

V. State Authority

    As discussed in the final subpart CC standards (59 FR 62921, 
December 6, 1994), rules promulgated under RCRA section 3004(n) 
implement a provision of the 1984 Hazardous and Solid Waste Amendments 
(HSWA) and consequently take effect immediately in authorized States. 
The EPA will implement these standards in an authorized State until 
such a time when the State either: (1) modifies its RCRA program to 
adopt the rules and receives final authorization from the EPA for the 
modification: or (2) receives interim authorization from the EPA. Id. 
The EPA views today's conditioned stay as part of the rule, so that a 
State seeking authorization for the subpart CC standards should include 
this provision.

List of Subjects 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, Waste determination.

    Dated: September 14, 1995.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.

    For the reasons set out in the preamble, title 40, chapter I, parts 
264 and 265 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. In Sec. 264.1080, paragraph (d) is added to read as follows:


Sec. 264.1080  Applicability.

* * * * *
    (d) The requirements of this subpart, except for the recordkeeping 
requirements specified in Sec. 264.1089(i) of this subpart, are 
administratively stayed for a tank or a container used for the 
management of hazardous waste generated by organic peroxide 
manufacturing and its associated laboratory operations when the owner 
or operator of the unit meets all of the following conditions:
    (1) The owner or operator identifies that the tank or container 
receives hazardous waste generated by an organic peroxide manufacturing 
process producing more than one functional family of organic peroxides 
or multiple organic peroxides within one functional family, that one or 
more of these organic peroxides could potentially undergo self-
accelerating thermal decomposition at or below ambient temperatures, 
and that organic peroxides are the predominant products manufactured by 
the process. For the purpose of meeting the conditions of this 
paragraph, ``organic peroxide'' means an organic compound that contains 
the bivalent --O--O-- structure and which may be considered to be a 
structural derivative of hydrogen peroxide where one or both of the 
hydrogen atoms has been replaced by an organic radical.
    (2) The owner or operator prepares documentation, in accordance 
with the requirements of Sec. 264.1089(i) of this subpart, explaining 
why an undue safety hazard would be created if air emission controls 
specified in Secs. 264.1084 through 264.1087 of this subpart are 
installed and operated on the tanks and containers used at the facility 
to manage the hazardous waste generated by the organic peroxide 
manufacturing process or processes meeting the conditions of paragraph 
(d)(1) of this section.
    (3) The owner or operator notifies the Regional Administrator in 
writing that hazardous waste generated by an 

[[Page 50429]]
organic peroxide manufacturing process or processes meeting the 
conditions of paragraph (d)(1) of this section are managed at the 
facility in tanks or containers meeting the conditions of paragraph 
(d)(2) of this section. The notification shall state the name and 
address of the facility, and be signed and dated by an authorized 
representative of the facility owner or operator.
    3. In Sec. 264.1089, paragraph (i) is added to read as follows:


Sec. 264.1089  Recordkeeping requirements.

* * * * *
    (i) For each tank or container not using air emission controls 
specified in Secs. 264.1084 through 264.1087 of this subpart in 
accordance with the conditions specified in Sec. 264.1080(d) of this 
subpart, the owner or operator shall record and maintain the following 
information:
    (1) A list of the individual organic peroxide compounds 
manufactured at the facility that meet the conditions specified in 
Sec. 264.1080(d)(1).
    (2) A description of how the hazardous waste containing the organic 
peroxide compounds identified in paragraph (i)(1) of this section are 
managed at the facility in tanks and containers. This description shall 
include:
    (i) For the tanks used at the facility to manage this hazardous 
waste, sufficient information shall be provided to describe for each 
tank: a facility identification number for the tank; the purpose and 
placement of this tank in the management train of this hazardous waste; 
and the procedures used to ultimately dispose of the hazardous waste 
managed in the tanks.
    (ii) For containers used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to describe: a 
facility identification number for the container or group of 
containers; the purpose and placement of this container, or group of 
containers, in the management train of this hazardous waste; and the 
procedures used to ultimately dispose of the hazardous waste handled in 
the containers.
    (3) An explanation of why managing the hazardous waste containing 
the organic peroxide compounds identified in paragraph (i)(1) of this 
section in the tanks and containers as described in paragraph (i)(2) of 
this section would create an undue safety hazard if the air emission 
controls, as required under Secs. 264.1084 through 264.1087 of this 
subpart, are installed and operated on these waste management units. 
This explanation shall include the following information:
    (i) For tanks used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to explain: how use of 
the required air emission controls on the tanks would affect the tank 
design features and facility operating procedures currently used to 
prevent an undue safety hazard during the management of this hazardous 
waste in the tanks; and why installation of safety devices on the 
required air emission controls, as allowed under Sec. 264.1084(g) of 
this subpart, will not address those situations in which evacuation of 
tanks equipped with these air emission controls is necessary and 
consistent with good engineering and safety practices for handling 
organic peroxides.
    (ii) For containers used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to explain: how use of 
the required air emission controls on the containers would affect the 
container design features and handling procedures currently used to 
prevent an undue safety hazard during the management of this hazardous 
waste in the containers; and why installation of safety devices on the 
required air emission controls, as allowed under Sec. 264.1086(d) of 
this subpart, will not address those situations in which evacuation of 
containers equipped with these air emission controls is necessary and 
consistent with good engineering and safety practices for handling 
organic peroxides.

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF 
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

    4. 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

    5. In Sec. 265.1080, paragraph (d) is added to read as follows:


Sec. 265.1080  Applicability.

* * * * *
    (d) The requirements of this subpart, except for the recordkeeping 
requirements specified in Sec. 265.1090(i) of this subpart, are 
administratively stayed for a tank or a container used for the 
management of hazardous waste generated by organic peroxide 
manufacturing and its associated laboratory operations when the owner 
or operator of the unit meets all of the following conditions:
    (1) The owner or operator identifies that the tank or container 
receives hazardous waste generated by an organic peroxide manufacturing 
process producing more than one functional family of organic peroxides 
or multiple organic peroxides within one functional family, that one or 
more of these organic peroxides could potentially undergo self-
accelerating thermal decomposition at or below ambient temperatures, 
and that organic peroxides are the predominant products manufactured by 
the process. For the purpose of meeting the conditions of this 
paragraph, ``organic peroxide'' means an organic compound that contains 
the bivalent -O-O- structure and which may be considered to be a 
structural derivative of hydrogen peroxide where one or both of the 
hydrogen atoms has been replaced by an organic radical.
    (2) The owner or operator prepares documentation, in accordance 
with the requirements of Sec. 265.1090(i) of this subpart, explaining 
why an undue safety hazard would be created if air emission controls 
specified in Secs. 265.1085 through 265.1088 of this subpart are 
installed and operated on the tanks and containers used at the facility 
to manage the hazardous waste generated by the organic peroxide 
manufacturing process or processes meeting the conditions of paragraph 
(d)(1) of this section.
    (3) The owner or operator notifies the Regional Administrator in 
writing that hazardous waste generated by an organic peroxide 
manufacturing process or processes meeting the conditions of paragraph 
(d)(1) of this section are managed at the facility in tanks or 
containers meeting the conditions of paragraph (d)(2) of this section. 
The notification shall state the name and address of the facility, and 
be signed and dated by an authorized representative of the facility 
owner or operator.
    6. In Sec. 265.1090, paragraph (i) is added to read as follows:


Sec. 265.1090  Recordkeeping requirements.

* * * * *
    (i) For each tank or container not using air emission controls 
specified in Secs. 265.1085 through 265.1088 of this subpart in 
accordance with the conditions specified in Sec. 265.1080(d) of this 
subpart, the owner or operator shall record and maintain the following 
information:
    (1) A list of the individual organic peroxide compounds 
manufactured at 

[[Page 50430]]
the facility that meet the conditions specified in Sec. 265.1080(d)(1).
    (2) A description of how the hazardous waste containing the organic 
peroxide compounds identified in paragraph (i)(1) of this section are 
managed at the facility in tanks and containers. This description shall 
include the following information:
    (i) For the tanks used at the facility to manage this hazardous 
waste, sufficient information shall be provided to describe for each 
tank: a facility identification number for the tank; the purpose and 
placement of this tank in the management train of this hazardous waste; 
and the procedures used to ultimately dispose of the hazardous waste 
managed in the tanks.
    (ii) For containers used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to describe: a 
facility identification number for the container or group of 
containers; the purpose and placement of this container, or group of 
containers, in the management train of this hazardous waste; and the 
procedures used to ultimately dispose of the hazardous waste handled in 
the containers.
    (3) An explanation of why managing the hazardous waste containing 
the organic peroxide compounds identified in paragraph (i)(1) of this 
section in the tanks and containers as described in paragraph (i)(2) of 
this section would create an undue safety hazard if the air emission 
controls, as required under Secs. 265.1085 through 265.1088 of this 
subpart, are installed and operated on these waste management units. 
This explanation shall include the following information:
    (i) For tanks used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to explain: how use of 
the required air emission controls on the tanks would affect the tank 
design features and facility operating procedures currently used to 
prevent an undue safety hazard during the management of this hazardous 
waste in the tanks; and why installation of safety devices on the 
required air emission controls, as allowed under Sec. 265.1085(g) of 
this subpart, will not address those situations in which evacuation of 
tanks equipped with these air emission controls is necessary and 
consistent with good engineering and safety practices for handling 
organic peroxides.
    (ii) For containers used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to explain: how use of 
the required air emission controls on the containers would affect the 
container design features and handling procedures currently used to 
prevent an undue safety hazard during the management of this hazardous 
waste in the containers; and why installation of safety devices on the 
required air emission controls, as allowed under Sec. 265.1087(d) of 
this subpart, will not address those situations in which evacuation of 
containers equipped with these air emission controls is necessary and 
consistent with good engineering and safety practices for handling 
organic peroxides.

[FR Doc. 95-24268 Filed 9-28-95; 8:45 am]
BILLING CODE 6560-50-P