[Federal Register Volume 60, Number 218 (Monday, November 13, 1995)]
[Rules and Regulations]
[Pages 56952-56954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27950]



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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.

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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              
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     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.                                                                        
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    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.                                                                        
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[FR Doc. 95-27950 Filed 11-9-95; 8:45 am]
BILLING CODE 6560-50-P