[Federal Register Volume 64, Number 13 (Thursday, January 21, 1999)]
[Rules and Regulations]
[Pages 3382-3391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1335]



[[Page 3381]]

_______________________________________________________________________

Part V





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 262, 264, and 265



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

  Federal Register / Vol. 64, No. 13 / Thursday, January 21, 1999 / 
Rules and Regulations  

[[Page 3382]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 262, 264, and 265

[IL-64-2-5807; FRL-6221-9]
RIN 2060-AG44


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; clarification and technical amendment.

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

SUMMARY: Under the authority of the Resource Conservation and Recovery 
Act (RCRA), as amended, the EPA has promulgated standards (59 FR 62896, 
December 6, 1994) to reduce organic air emissions from certain 
hazardous waste management activities to levels that are protective of 
human health and the environment. (The standards are known colloquially 
as the ``subpart CC'' standards due to their inclusion in subpart CC of 
parts 264 and 265 of the RCRA subtitle C regulations). These air 
standards control organic emissions from certain tanks, containers, and 
surface impoundments (including tanks and containers at generators' 
facilities) used to manage hazardous waste capable of releasing organic 
waste constituents at levels which can harm human health and the 
environment.
    Since publication of the final standards on December 6, 1994, the 
EPA has given public notice and taken comment on several proposed 
revisions to the final rule, and has made corresponding amendments. In 
response to public comments and inquiries, today's action makes 
clarifying amendments to certain regulatory text and reestablishes 
certain regulatory provisions that were previously contained in the 
rules and later inadvertently removed.

DATES: These amendments are effective January 21, 1999.

ADDRESSES: Docket. The supporting information used for the subpart CC 
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-CE2A-FFFFF, F-95-
CE3A-FFFFF, F-96-CE3F-FFFFF, and F-96-CE4A-FFFFF. The RCRA docket is 
located at Crystal Gateway, 1235 Jefferson Davis Highway, First Floor, 
Arlington, Virginia.
    Review of docket materials is conducted 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: For general information about the RCRA 
Air Rules, or specific rule requirements of RCRA rules, please contact 
the RCRA Hotline, toll-free at (800) 424-9346. Contacts for specific 
information are listed in the ``Supplementary Information'' section of 
this preamble.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    The entities potentially affected by this action include:

------------------------------------------------------------------------
           Category                  Examples of regulated entities
------------------------------------------------------------------------
Industry.....................  Businesses that treat, store, or dispose
                                of hazardous waste and are subject to
                                RCRA subtitle C permitting requirements,
                                or that accumulate hazardous waste on-
                                site in RCRA permit-exempt tanks or
                                containers pursuant to 40 CFR 262.34(a).
Federal Government...........  Federal agencies that treat, store, or
                                dispose of hazardous waste and are
                                subject to RCRA subtitle C permitting
                                requirements, or that accumulate
                                hazardous waste on-site in RCRA permit-
                                exempt tanks or containers pursuant to
                                40 CFR 262.34(a).
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be interested in the 
amendments to the regulation affected by this action. To determine 
whether your facility is regulated by this action, you should carefully 
examine the applicability criteria in Sec. 264.1030 and Sec. 265.1030 
of the RCRA subpart AA rules, Sec. 264.1050 and Sec. 265.1050 of the 
RCRA subpart BB rules, and Sec. 264.1080 and Sec. 265.1080 of the RCRA 
subpart CC air rules.

Informational Contacts

    If you have questions regarding the applicability of this action to 
a particular situation, or questions about compliance approaches, 
permitting, enforcement and rule determinations, please contact the 
appropriate regional representative in the table below:

Region I: 
    Stephen Yee, (617) 565-3550
    Jim Gaffey, 565-3437
    U.S. EPA, Region I
    JFK Federal Building
    Boston, MA 02203-0001
Region II:
    Abdool Jabar, (212) 637-4131
    John Brogard, 637-4162
    Jim Sullivan, 637-4138
    U.S. EPA, Region II
    290 Broadway
    New York, NY 10007-1866
Region III: 
    Linda Matyskiela, (215) 566-3420
    Andrew Clibanoff, 566-3391
    U.S. EPA, Region III
    841 Chestnut Building
    Philadelphia, PA 19107
Region IV: 
    Denise Housley, (404) 562-8495
    Rick Gillam, 562-8498
    Jan Martin, 562-8593
    Anita Shipley, 562-8466
    Donna Wilkinson, 562-8490
    Judy Sophianolpoulos, 562-8604
    David Langston, 562-8588
    U.S. EPA, Region IV
    61 Forsyth Street
    Atlanta, GA 30303
Region V: 
    Jae Lee, (312) 886-3781
    Uylaine McMahan, 886-4454
    Mike Mikulka, 886-6760
    Ivonne Vicente, 886-4449
    Wen Huang, 886-6191
    U.S. EPA, Region V
    77 West Jackson Street
    Chicago, IL 60604
Region VI: 
    Michelle Peace, (214) 665-7430
    Teena Wooten, 665-2279
    U.S. EPA, Region VI
    1445 Ross Avenue, Suite 1200
    Dallas, TX 75202-2733
Region VII: 
    Ed Buckner, (913) 551-7621
    Ken Herstowski, 551-7631
    U.S. EPA, Region VII
    726 Minnesota Avenue
    Kansas City, KS 66101
Region VIII: 
    Mindy Mohr, (303) 312-6525
    Janice Pearson, 312-6354
    U.S. EPA, Region VIII
    999 18th Street, Suite 500
    Denver, CO 80202-2466
Region IX: 
    Stacy Braye, (415) 774-2056
    Jean Daniel, 774-2128
    U.S. EPA, Region IX
    75 Hawthorne Street
    San Francisco, CA 94105
Region X: 
    Linda Liu, (206) 553-1447
    David Bartus, 553-2804
    U.S. EPA, Region X

[[Page 3383]]

    1200 Sixth Avenue
    Seattle, WA 98101

    For questions about testing or analytical methods mentioned in this 
document, please contact Ms. Rima Dishakjian, Emission Measurement 
Center (MD-19), U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711, telephone number (919) 541-0443. For 
information concerning the analyses performed in developing this rule, 
contact Ms. Michele Aston, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-2363, electronic mail address, 
[email protected].

Background

    Section 3004(n) of RCRA requires EPA to develop standards to 
control air emissions from hazardous waste treatment, storage, and 
disposal facilities (TSDF) as may be necessary to protect human health 
and the environment. This requirement echoes the general requirement in 
RCRA section 3004(a) and section 3002(a)(3) to develop standards to 
control hazardous waste management activities as may be necessary to 
protect human health and the environment. The Agency has issued a 
series of regulations to implement the section 3004(n) mandate; these 
regulations control air emissions from certain process vents and 
equipment leaks (part 264 and part 265, subparts AA and BB), and 
emissions from certain tanks, containers, and surface impoundments (the 
subpart CC standards, which are the primary subject of today's action).
    The EPA today is making technical amendments to the final subpart 
AA and CC standards, and providing interpretations for certain 
provisions of those rules. Since the publication of the final subpart 
CC rule (59 FR 69826, December 4, 1994), the EPA has published four 
Federal Register documents that delayed the effective date of that 
rule, i.e., 60 FR 26828, May 19, 1995; 60 FR 56952, November 13, 1995; 
61 FR 28508, June 5, 1996; 61 FR 59931, November 25, 1996). The 
November 1996 notice established the ultimate effective date of 
December 6, 1996. The EPA has also issued an indefinite 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 was considering for the final subpart CC standards. The EPA 
accepted public comments on the appropriateness of these revisions 
through October 13, 1995. Throughout 1996 and 1997, the EPA engaged in 
repeated discussions with representatives of the groups filing 
petitions for review challenging the subpart CC standards.
    To further inform the affected public of the major clarifications, 
compliance options, and technical amendments being considered, the EPA 
conducted a series of seminars during August and September of 1995. At 
that time, a total of six seminars were held nationally. An updated 
series of six seminars was held in September through December 1996 and 
two additional seminars were held March and April of 1997 in 
conjunction with an industry trade association. (Refer to EPA RCRA 
Docket No. F-95-CE3A-FFFFF.) During these seminars, additional comments 
were received on the RCRA air rules for tanks, surface impoundments, 
and containers.
    On February 9, 1996, the EPA published a Federal Register document 
(61 FR 4903), ``Final rule; technical amendment,'' which made 
clarifying amendments in the regulatory text of the final standards, 
corrected typographical and grammatical errors, and clarified certain 
language in the preamble to the final rule to better convey the EPA's 
original intent.
    On November 25, 1996, the EPA published a Federal Register document 
(61 FR 59932), ``Final rule'' that amended provisions of the final 
subparts AA, BB, CC rules to better convey the EPA's original intent, 
to provide additional flexibility to owners and operators who must 
comply with the rules, and to change the effective date of the 
requirements contained in the subpart CC rules to be December 6, 1996.
    On December 8, 1997, the EPA published a Federal Register document 
(62 FR 64636), ``Final rule; clarification and technical amendment'' 
that amended provisions of the final subparts AA, BB, CC rules to 
clarify the regulatory text of the final standards; interpret those 
standards; correct typographical, printing, and grammatical errors; and 
clarify certain language published in the preambles of previous Federal 
Register documents.
    Today's action makes technical amendments to the final subpart AA 
and CC rules in order to further clarify the regulatory text of the 
final standards; interpret those standards; and correct typographical, 
printing, and grammatical errors.

Outline.

    The information presented in this preamble is organized as follows:

I. Part 262--Standards Applicable to Generators of Hazardous Waste
II. Subpart AA: Air Emission Standards for Process Vents
III. Subpart CC--Air Emission Standards for Tanks, Surface 
Impoundments, and Containers
    A. Applicability
    B. Waste Determination Procedures
    C. Standards: Tanks
    D. Standards: Containers
IV. Administrative Requirements
    A. Docket
    B. Paperwork Reduction Act
    C. Executive Order 12866
    D. Regulatory Flexibility
    E. Unfunded Mandates Reform Act
    F. Executive Order 13045
    G. National Technology Transfer and Advancement Act
    H. Enhancing the Intergovernmental Partnership Under Executive 
Order 12875
    I. Executive Order 13084: Consultation and Coordination with 
Indian Tribal Governments
    J. Submission to Congress and the General Accounting Office
    K. Pollution Prevention Act
    L. Immediate Effective Date
V. Legal Authority

I. Subpart B--General Facility Standards

    Today's action replaces the references to the subpart AA, BB, and 
CC standards in Secs. 262.34(a)(1)(i) and 262.34(a)(1)(ii) as standards 
that must be met as conditions where a generator may accumulate 
hazardous waste on-site for 90 days or less without a RCRA permit or 
without having interim status. The references to subparts AA, BB, and 
CC were removed mistakenly by the November 25, 1996, Federal Register 
notice (61 FR 59950). At the time, it was thought that, since the 
subparts were also referenced in Subpart I--Use and Management of 
Containers at Sec. 264.179 and in Subpart J--Tank Systems at 
Sec. 264.200, the references in Sec. 262.34, Accumulation time, were 
redundant. It was later determined that the references to subparts AA, 
BB, and CC are needed for clarity and the permit exemption criteria are 
being replaced by today's notice.

II. Subpart AA: Air Emission Standards for Process Vents

    The definition of ``equipment'' contained in subpart AA at 
Sec. 254.1031 is being revised to include ``other connectors'' in the 
list of components that are considered equipment under the subpart BB 
Air Emission Standards

[[Page 3384]]

for Equipment Leaks. The applicability section of the subpart BB rules 
states that the ``subpart applies to equipment that contains or 
contacts hazardous waste * * *'' However, when the subpart BB rules 
were originally promulgated in June of 1990 (55 FR 25495) the term 
``other connectors'' was inadvertently left out of the equipment 
definition; this has caused some uncertainty regarding applicability of 
the rule to other connectors. Nonetheless, it is clear that the EPA 
intended other connectors to be included in the list of equipment 
covered by the rule. This is demonstrated by the fact that the term 
``other connectors'' is used throughout Sec. 264.1058 and Sec. 265.1058 
of the subpart BB standards whenever the equipment that is covered by 
this section of the rule is listed. Also, the preamble to the final 
subpart BB rules in Section V.C (i.e., Applicability and Requirements 
of Today's Final Standards) clearly states in discussing affected 
equipment at 55 FR 25465 (June 21, 1990) that ``* * * flanges and other 
connectors must be monitored within 5 days by Reference Method 21 if 
evidence of a potential leak is found * * *'' In addition, the original 
Clean Air Act equipment leak rules (i.e., subpart VV in 40 CFR 60.481) 
that served as the technical basis for the RCRA subpart BB equipment 
leak standards do include the term ``other connector'' in the 
definition of equipment subject to the rule. To correct this oversight, 
the definition of ``equipment'' contained in subpart AA at 
Sec. 254.1031 is being revised to include ``other connectors'' in the 
list of components that are considered equipment under subpart BB.
    The definition for ``open-ended valve or line'' is being amended to 
replace the term ``process fluid'' with the words ``hazardous waste.'' 
The definition has included the term ``process fluid'' to characterize 
an open-ended valve or line since the rule was originally published on 
June 21, 1990 (55 FR 25495); i.e., ``* * * one side of the valve seat 
in contact with process fluid and one side open to the atmosphere * * 
*'' It was recently brought to the EPA's attention that the definition 
should use the term ``hazardous waste'' rather than ``process fluid'', 
since the subpart BB rules only apply to equipment (e.g., an open-ended 
valve or line) that contains or contacts hazardous waste as stated in 
the applicability sections at Sec. 264.1050(b) and Sec. 265.1050(b). In 
addition, the RCRA air rules for open-ended valves or lines (at 
Sec. 264.1056 and Sec. 265.1056) clearly refer to the material or fluid 
in the valve or line as being hazardous waste. Therefore, as a part of 
today's action the definition is being revised to avoid any confusion 
regarding what constitutes an open-ended line or valve.
    Also within subpart AA, a definition is being added for ``sampling 
connection system.'' This is being done in order to clarify the 
difference between a ``sampling connection'' and an ``open-ended line'' 
which have significantly different technical requirements under the 
subpart BB rules. There has been some confusion regarding open-ended 
lines being considered as sampling connections and the new definition 
should eliminate any potential for overlap.

III. Subpart CC--Air Emission Standards for Tanks, Surface 
Impoundments, and Containers

A. Applicability

    In today's action, the EPA is amending paragraph (b)(5) of 
Sec. 264.1080 and Sec. 265.1080 to clarify that waste management units 
that are used solely for on-site treatment or storage of hazardous 
waste that is ``placed in the unit'' as a result of implementing 
Federally required remedial activities are exempt from the requirements 
of subpart CC. The language originally used in this paragraph stated 
that the hazardous waste must be ``generated'' as a result of 
implementing Federally required remedial activities. The word 
``generated'' does carry a certain programmatic connotation; therefore, 
the word ``generated'' is being replaced because of the potential 
confusion caused by some of the regulated community taking a strictly 
regulatory interpretation of the term ``generated'' (i.e. viewing it as 
a term of art) rather than a more literal, plain English interpretation 
as was intended by the EPA in this context. For example, under the RCRA 
regulations, section 260.10, the term ``generate'' carries a particular 
legal context which was not intended to be strictly applied in this 
paragraph. Therefore, the word ``generated'' is being replaced to avoid 
any misinterpretation.

B. Waste Determination Procedures

    Paragraph (a)(1)(i) of Sec. 264.1083 and Sec. 265.1084 is being 
amended to add new paragraphs (i) and (ii) that affect the requirements 
for when an owner or operator must make a determination of the volatile 
organic (VO) concentration of the waste stream. These new paragraphs 
effectively reestablish the previously contained requirements for 
determining VO concentration for hazardous wastes placed in a waste 
management unit exempted from using subpart CC air emission controls 
because the waste has an average VO concentration at the point of waste 
origination less than the action level of 500 ppmw.
    As originally published, the subpart CC rules required that an 
initial determination of the average VO concentration of the hazardous 
waste stream be made before the first time any portion of the waste is 
placed in a waste management unit exempted from subpart CC air emission 
controls under the action level criteria. (See Sec. 264.1083(a)(1), 
Sec. 265.1084(a)(1), Sec. 265.1084(a)(2)(i)(A), 
Sec. 265.1084(a)(2)(ii)(A), Sec. 265.1084(a)(3)(i)(A), and 
Sec. 265.1084(a)(3)(ii) in 59 FR 62938 through 62939, December 6, 
1994.) Thereafter, a determination of the VO concentration was required 
for each averaging period that a hazardous waste is managed in the 
unit. (See Sec. 265.1084(a)(5)(ii) in 59 FR 62939, December 6, 1994.) 
In addition, the owner or operator was required to perform a new 
determination of the hazardous waste's VO concentration whenever 
changes to the source generating the waste stream were reasonably 
likely to cause the average VO concentration of the hazardous waste to 
increase to a level that is equal to or greater than the applicable VO 
concentration action level or concentration limits. (See 
Sec. 265.1084(a)(2)(i)(B), Sec. 265.1084(a)(2)(ii)(B), and 
Sec. 265.1084(a)(3)(i)(B) in 59 FR 62939, December 6, 1994.)
    In November 1996, the EPA expanded and reorganized the waste 
determination procedures in Sec. 264.1083 and Sec. 265.1084 to allow 
various test methods other than Method 25D to be used as direct 
measurement in a waste determination. At this time, the EPA also 
revised the waste determination procedures such that, for both point of 
waste origination and point of waste treatment, no distinction was made 
for batch or continuous processes or for whether the owner or operator 
is the generator or receives the waste from off-site. In making these 
changes, the EPA inadvertently removed the requirements, in paragraphs 
(2) and (3) of Sec. 265.1084(a) and in paragraph 
Sec. 265.1084(a)(5)(ii), for when a determination of VO concentration 
is required. Today's amendments reestablish those requirements 
specifying when an owner or operator must determine the VO 
concentration of a hazardous waste stream.
    Under the restored language in today's amendments, the owner or 
operator must perform an initial

[[Page 3385]]

determination of the average VO concentration of the hazardous waste 
stream before the first time any portion of the waste is placed in a 
waste management unit exempted from subpart CC air emission controls 
under the action level criteria. Following the initial VO concentration 
determination, a determination of the VO concentration is required for 
each averaging period that a hazardous waste is managed in the unit. 
This means that the owner or operator must have a current and up-to-
date VO concentration determination on record for each hazardous waste 
stream managed in a waste management unit exempted from subpart CC air 
emission controls under the action level criteria. This VO 
concentration determination must reflect the VO concentration of the 
waste currently managed in the unit over the time frame covered by the 
specified averaging period.
    In addition, the owner or operator is required to perform a new 
determination of the hazardous waste's VO concentration whenever 
changes to the source generating the waste stream are reasonably likely 
to cause the average VO concentration of the hazardous waste to 
increase to a level that is equal to or greater than the applicable VO 
concentration action level or concentration limits.
    The following example illustrates the requirement that the owner or 
operator have an initial as well as a current and up-to-date VO 
concentration determination on record for each hazardous waste stream 
managed in a waste management unit exempted from subpart CC air 
emission controls under the action level criteria. Assume that a TSDF 
owner has a production process that continuously generates a hazardous 
waste. Just prior to December 6, 1996, the effective date of the rule, 
the TSDF owner determines by direct measurement using Method 25D that, 
using a 6-month averaging period, the particular hazardous waste stream 
had an average VO concentration of 250 ppmw at the point of waste 
origination. The owner then records that for the 6-month period 
beginning with December 6, 1996, this particular generated waste stream 
has an average VO concentration of 250 ppmw; this serves as the initial 
determination of VO concentration as required under 
Sec. 265.1084(a)(1)(i) in today's amendments.
    Because the example waste stream has a VO concentration less than 
the action level of 500 ppmw, the owner manages the hazardous waste in 
a unit that is not equipped with subpart CC air emission controls. 
Under the requirements being reestablished in today's amendments, by 
June 6, 1997 (i.e., the end of the first 6-month averaging period) the 
owner must perform a new waste VO concentration determination for the 
next 6-month averaging period that would run from June 6 to December 6, 
1997. In this example, the owner now elects to perform the new VO 
concentration determination using knowledge of the waste rather than 
using direct measurement as was done previously using Method 25D. The 
owner however does use the results of the first direct measurement, 
together with process engineering knowledge and experience (e.g., no 
change has been made to the raw materials or process technology for the 
steady-state production operation generating the waste) as the basis 
for the ``knowledge'' based VO concentration determination. Therefore, 
the owner records that for the 6-month averaging from June 6 to 
December 6, 1997, this particular waste stream has an average VO 
concentration of 250 ppmw. This waste VO concentration determination 
meets the requirements in Sec. 265.1084(a)(1)(i) of today's amendments 
that a VO concentration determination be made for each averaging period 
that a hazardous waste is managed in a unit exempt from air emission 
controls under the action level criteria.
    To continue the example, the owner repeats this same process for 
the averaging period that runs from December 6, 1997, to June 6, 1998. 
However, in April 1998, the owner modifies the production process and 
determines that this modification has the potential to cause the 
average VO concentration of the hazardous waste generated to increase 
to a level that is equal to or greater than the 500 pppmw action level. 
In this situation, under the requirements reestablished by today's 
action, the owner would be required to perform a new determination of 
the average VO concentration because of the changes to the source 
generating the waste. (See Sec. 265.1084(a)(1)(ii) in today's 
amendments.)
    Without today's amendments to the waste determination requirements 
of subpart CC, there is effectively no requirement (or guidance) 
provided within the rules as to when an owner or operator must 
determine the VO concentration of a hazardous waste stream. This was 
not EPA's intent. We intended that the owner or operator maintain a 
current VO concentration determination for each averaging period. This 
is clearly illustrated by the preamble discussion in the December 6, 
1994 Federal Register notice, which states (at 59 FR 62916): ``If an 
average volatile organic concentration is used, an initial waste 
determination must be performed for each averaging period.'' Today's 
amendments reestablish requirements specifying when an owner or 
operator must determine the VO concentration of a hazardous waste 
stream.
    In other changes to the waste determination provisions of subpart 
CC, the EPA is amending the waste sampling provisions of the rule to 
clarify requirements related to the sampling period. In November 1996, 
the EPA expanded and reorganized the waste determination procedures in 
Sec. 264.1083 and Sec. 265.1084; the requirements regarding sampling of 
the hazardous waste stream for a direct measurement of the VO 
concentration were also revised and reformatted. In doing so, 
provisions previously in the rule at Sec. 265.1084(a)(5)(iv)(A) and 
Sec. 265.1084(b)(4)(iv)(A) (see 59 FR 62939 and 59 FR 62941, December 
6, 1994), requiring that all waste samples for a particular waste 
determination be collected within a 1-hour period and that information 
on waste quantity and operating conditions relative to the waste 
samples be prepared and recorded, were inadvertently left out of the 
rule language. This language is being restored in today's amendments.
    On December 8, 1997 (see 62 FR 64664), the EPA amended the language 
regarding sampling for a waste determination in 
Sec. 265.1084(a)(3)(ii)(B) and Sec. 265.1084(b)(3)(ii)(B) to clarify 
the EPA's intent regarding the number of samples required for a waste 
determination. The amended paragraph stated (as did the published rule 
language at Sec. 265.1084(a)(5)(iv)(A) and Sec. 265.1084(b)(4)(iv)(A) 
[see 59 FR 62939, December 6, 1994]), that the average of four or more 
sample results constitutes a waste determination for the waste stream. 
This amended paragraph further clarified that one or more waste 
determinations may be needed to represent the average VO concentration 
over the complete range of waste compositions and quantities that occur 
during the entire averaging period (due to normal variations in the 
operating conditions for the source or process generating the hazardous 
waste stream). Thus, to determine the average VO concentration of a 
waste stream generated by a process with large seasonal variations in 
waste quantity, or fluctuations in ambient temperature, several waste 
determinations (consisting of four or more samples each) will be 
required. In making the change in December of 1997, the amendment 
failed to include the language previously contained at 
Sec. 265.1084(a)(5)(iv)(A) and Sec. 265.1084(b)(4)(iv)(A) (see 59 FR 
62939

[[Page 3386]]

and 59 FR 62941, December 6, 1994) that the four samples needed for a 
waste determination are required to be collected within a 1-hour time 
period and that certain information relative to the waste samples must 
be recorded. Today's amendments to Sec. 265.1084(a)(3)(ii) and 
Sec. 265.1084(b)(3)(ii) add language in paragraph (B) that clearly 
states that ``all samples for a given waste determination shall be 
collected within a 1-hour period;'' and add a new paragraph (D) that 
reestablishes the requirement that ``sufficient information shall be 
prepared and recorded to document the waste quantity represented by the 
samples and, as applicable, the operating conditions for the source or 
process generating [or treating] the hazardous waste represented by the 
samples.'' The information on waste quantity and operating conditions 
is needed to properly calculate the mass-weighted average VO 
concentration over the averaging period and to assess that the 
averaging period used adequately characterizes the source or process 
over the time period selected for the averaging period. The type of 
information and data needed to meet this requirement should be clearly 
specified in the ``site sampling plan'' required under paragraph (C) of 
Sec. 265.1084(a)(3)(ii) and Sec. 265.1084(b)(3)(ii).
    Also in the waste determination section of the rule, a portion of 
sections Sec. 265.1084(a)(3)(iii) and Sec. 265.1084(b)(3)(iii) is 
amended by today's action in order to clarify that, if the owner or 
operator elects to adjust the individual test data measured by a method 
other than Method 25D to the corresponding average VO concentration 
value which would have been obtained had the waste samples been 
analyzed using Method 25D, the adjustment must be made to all 
individual chemical constituents that comprise the average VO 
concentration. The constituent adjustment cannot be made on a selective 
constituent basis. Because some of the constituent-specific adjustment 
factors are greater than 1.0, selective use of the constituent 
adjustment may not provide an accurate representation of the average VO 
concentration as measured by Method 25D. The existing rule language at 
Sec. 265.1084(a)(3)(iii) and Sec. 265.1084(b)(3)(iii) states that ``the 
concentration of each individual chemical constituent measured in the 
waste'' may be corrected by multiplying the measured concentration by 
the constituent-specific adjustment factor. The same point is made in 
Sec. 265.1084(a)(4)(iii) which specifies the procure to be used to 
adjust the data. This paragraph states that ``the measured 
concentration for each individual chemical constituent contained in the 
waste is multiplied by the appropriate constituent-specific adjustment 
factor.'' The EPA's use of the phrase ``each individual chemical 
constituent contained in the wastes'' is intended to convey the meaning 
that all constituents in the waste must be adjusted using the 
appropriate individual adjustment factor, if the owner or operator 
elects to adjust the data. The EPA has in no way stated or otherwise 
implied that constituent-specific concentration test data can be 
adjusted on a selective constituent basis to characterize the VO 
concentration.

C. Standards: Tanks

    Paragraph (h)(3) of the tank standards in Sec. 264.1084 and 
Sec. 265.1085 is being amended to allow owners or operators that elect 
to use a pressure tank, to control air emissions under the subpart CC 
rule, to purge the inert materials from the pressure tank as is 
required by normal operation (i.e., good engineering practices) for 
this type of tank system. The rule requires that, whenever hazardous 
waste is in a pressure tank, the tank must operate as a closed system 
that does not vent to the atmosphere. With today's changes, the owner 
or operator is allowed to purge the tank as long as the purge stream is 
routed to a closed-vent system and control device designed and operated 
in accordance with the subpart CC rule requirements for closed-vent 
systems and control devices. A tank operating in this manner is 
technically meeting the alternative requirements for tanks using Tank 
Level 2 controls as specified in Sec. 264.1084(d)(3) and 
Sec. 265.1085(d)(3) which applies tanks vented through a closed-vent 
system to a control device. Therefore, venting of a pressure tank under 
controlled conditions complies with the subpart CC standards for Tank 
Level 2 controls and is allowed under the rules.

D. Standards: Containers

    Transfer requirements are being added to the Level 3 container 
standards as a part of today's action. These requirements are 
essentially the same as those for the (less stringent) Level 2 
container standards. These transfer requirements for Level 3 containers 
were inadvertently left out of the subpart CC requirements when they 
were published in November 1996, 61 FR 59962. The EPA had intended that 
the Level 3 container standards incorporate these transfer requirements 
and today's amendments rectify that oversight.

VI Administrative Requirements

A. Docket

    Six 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; (5) RCRA docket number F-95-CE3A-FFFFF, which contains 
information about potential final rule revisions made available for 
public comment; and (6) RCRA docket number F-96-CE4A-FFFFF, which 
contains a copy of each of the comment letters submitted in regard to 
the revisions that the EPA was considering for the final subpart CC 
standards. 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 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.

B. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated RCRA air rules were submitted to and approved by the Office 
of Management and Budget (OMB). A copy of this Information Collection 
Request (ICR) document (OMB control number 1593.02) may be obtained 
from Sandy Farmer, Information Policy Branch (2136); U.S. Environmental 
Protection Agency; 401 M Street, SW; Washington, DC 20460 or by calling 
(202) 260-2740.

[[Page 3387]]

    Today's amendments to the RCRA air rules should have only a minor 
impact on the information collection burden estimates made previously, 
and that impact is expected to be a reduction. The changes consist of 
new definitions, alternative test procedures, clarifications of 
requirements, and additional compliance options. The changes are not 
additional requirements, but rather, are reductions in previously 
published requirements. In a number of instances, the changes simply 
restore inadvertently deleted provisions, and all information 
collection requirements in such provisions were previously approved. 
The overall information-keeping requirements in the rule are being 
reduced. Consequently, the ICR has not been revised.

C. Executive Order 12866

    Under Executive Order 12866, the EPA must determine whether the 
proposed regulatory action is ``significant'' and, therefore, subject 
to the Office of Management and budget (OMB) review and the 
requirements of the Executive Order. The Executive Order defines 
``significant regulatory action'' as one that is likely to lead to a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety in State, local, or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The RCRA subpart CC air rules published on December 6, 1994, were 
considered significant under Executive Order 12866, and EPA accordingly 
prepared a regulatory impact analysis (RIA). The amendments published 
today make technical changes to the rule and correct structural 
problems with the drafting of some sections. This action is not a 
``significant regulatory action'' within the meaning of Executive Order 
12866; thus, OMB review of the action is not required.

D. Regulatory Flexibility

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), whenever an agency is required to publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities such as small 
businesses, small organization and small governments. However, no 
regulatory flexibility analysis is required if the agency certifies the 
rule will not have a significant adverse economic impact on a 
substantial number of small entities. For the reasons discussed in the 
December 6, 1994 Federal Register (59 FR 62923), the subpart CC rules 
themselves do not have a significant impact on a substantial number of 
small entities. The present rule only makes technical changes to the 
subpart AA and CC rules, and does not add new control requirements to 
the December 1994 rule. The amendments in fact reduce the already-
existing requirements. Therefore, I certify that this rule will not 
have a significant adverse economic impact on a substantial number of 
small entities and therefore does not require a regulatory flexibility 
analysis.

E. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), the EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated costs to State, local, or 
tribal governments in the aggregate, or to the private sector, of $100 
million or more. Under section 205, the EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with statutory requirements. Section 203 
requires the EPA to establish a plan for informing and advising any 
small governments that may be significantly or uniquely impacted by the 
rule.
    The EPA has determined that the action promulgated today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate or to the private sector. Therefore, the requirements of the 
Unfunded Mandates Act do not apply to this action.

F. Executive Order 13045

    Executive Order 13045 applies to any rule that EPA determines (1) 
economically significant as defined under E.O. 12866, and (2) the 
environmental health or safety risk addressed by the rule has a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    These final amendments are not subject to E.O. 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997), because they are not economically 
significant regulatory actions as defined by E.O. 12866.

G. National Technology Transfer and Advancement Act

    Under Sec. 12(d) of the National Technology Transfer and 
Advancement Act (NTTAA), the Agency is required to use voluntary 
consensus standards in its regulatory and procurement activities unless 
to do so would be inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards are technical standards 
(such as materials specifications, test methods, sampling procedures, 
and business practices) which are developed or adopted by voluntary 
consensus standard bodies. Where available and potentially applicable 
voluntary consensus standards are not used by EPA, the Act requires the 
Agency to provide Congress, through the OMB, an explanation of the 
reasons for not using such standards. Today's action does not put forth 
any technical standards as part of the clarifying amendments. 
Therefore, consideration of voluntary consensus standards was not 
required.

H. Enhancing the Intergovernmental Partnership Under Executive Order 
12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide the Office of 
Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition,

[[Page 3388]]

Executive Order 12875 requires EPA to develop an effective process 
permitting elected officials and other representatives of State, local 
and tribal governments ``to provide meaningful and timely input in the 
development of regulatory proposals containing significant unfunded 
mandates.''
    Today's action does not create a mandate on State, local or tribal 
governments. The amendments to the rule do not impose any new or 
additional enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of Executive Order 12875 do not apply to 
this action.

I. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statue, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's amendments to the final rule do not significantly or 
uniquely affect the communities of Indian tribal governments. The 
amendments to the rule do not impose any new or additional enforceable 
duties on these entities. Accordingly, the requirements of section 3(b) 
of Executive Order 13084 do not apply to this action.

J. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. However, section 808 provides that any rule for which 
the issuing agency for good cause finds (and incorporates the finding 
and a brief statement of reasons therefor in the rule) that notice and 
public procedure thereon are impracticable, unnecessary or contrary to 
the public interest, shall take effect at such time as the agency 
promulgating the rule determines. 5 U.S.C. Sec. 808(2). As stated 
previously, EPA has made such a good cause finding, including the 
reasons therefor, and established an effective date of January 21, 
1999. EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This rule is not a ``major rule'' as 
defined by 5 U.S.C. Sec. 804(2).

K. Pollution Prevention Act

    The Pollution Prevention Act of 1990 states that pollution should 
be prevented or reduced at the source whenever feasible. As originally 
published, the final subpart AA, BB, and CC emission standards for 
units managing hazardous wastes contain an applicability threshold or 
action level formatted in terms of either a total or volatile organic 
concentration of the hazardous waste that must be exceeded in order for 
a particular standard to apply. By formulating the standard in this 
way, flexibility is allowed for facility owners or operators to 
initiate process modifications or incorporate treatment technologies 
that will accomplish the same environmental results at lower costs; 
this encourages pollution prevention alternatives that reduce the 
organic content of the hazardous waste generated. Today's amendments to 
the RCRA air rules in no way affect the pollution prevention 
alternatives and measures previously incorporated into the final rules.

L. Immediate Effective Date

    The EPA has determined to issue this rule without first proposing 
it and to make today's action effective immediately. The EPA believes 
that the corrections being made in today's action 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 rules (for example, corrections to 
regulations inconsistent with or not carrying out statements in the 
preamble or Background Information Document, or restoration of 
provisions which were deleted inadvertently). Comment on such changes 
is unnecessary, within the meaning of 5 USC 553(b)(3)(B). For the same 
reason, there is good cause for the rules to be made effective 
immediately, within the meaning of 5 U.S.C. 553(d)(3).

VII. 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, Hazardous waste, Reporting and 
recordkeeping requirements.

40 CFR Parts 264 and 265

    Environmental protection, Air pollution control, Container, Control 
device, Hazardous waste, Inspection, Monitoring, Reporting and 
recordkeeping requirements, Surface impoundment, Tank, TSDF, Waste 
determination.

    Dated: January 8, 1999.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.

    For the reasons set out in the preamble, title 40, chapter I, parts 
262, 264, and 265 of the Code of Federal Regulations are amended as 
follows:

PART 262--STANDARD 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, 6299, 6925, 6937, and 6938, 
unless otherwise noted.

    2. Section 262.34 is amended by revising paragraphs (a)(1)(i) and 
(a)(1)(ii) to read as follows:


Sec. 262.34  Accumulation time.

    (a) * * *
    (1) * * *
    (i) In containers and the generator complies with the applicable 
requirements of subparts I, AA, BB, and CC of 40 CFR part 265; and/or
    (ii) In tanks and the generator complies with the applicable 
requirements of subparts J, AA, BB, and CC of 40 CFR part 265 except 
Secs. 265.197(c) and 265.200; and/or
* * * * *

[[Page 3389]]

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 AA--Air Emission Standards for Process Vents

    4. Section 264.1031 is amended by revising the definitions of 
``Equipment'' and ``Open-ended valve or line'' and adding a new 
definition for the term ``Sampling connection system'' in alphabetical 
order to read as follows:


Sec. 264.1031  Definitions.

* * * * *
    Equipment means each valve, pump, compressor, pressure relief 
device, sampling connection system, open-ended valve or line, or flange 
or other connector, and any control devices or systems required by this 
subpart.
* * * * *
    Open-ended valve or line means any valve, except pressure relief 
valves, having one side of the valve seat in contact with hazardous 
waste and one side open to the atmosphere, either directly or through 
open piping.
* * * * *
    Sampling connection system means an assembly of equipment within a 
process or waste management unit used during periods of representative 
operation to take samples of the process or waste fluid. Equipment used 
to take non-routine grab samples is not considered a sampling 
connection system.
* * * * *

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

    5. Section 264.1080 is amended by revising paragraph (b)(5) to read 
as follows:


Sec. 264.1080  Applicability.

* * * * *
    (b) * * *
    (5) A waste management unit that is used solely for on-site 
treatment or storage of hazardous waste that is placed in the unit as a 
result of implementing 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.
* * * * *
    6. Section 264.1083 is amended by adding new paragraphs (a)(1)(i), 
(a)(1)(ii), (b)(1)(i), and (b)(1)(ii) to read as follows:


Sec. 264.1083  Waste determination procedures.

    (a) * * *
    (1) * * *
    (i) An initial determination of the average VO concentration of the 
waste stream shall be made before the first time any portion of the 
material in the hazardous waste stream is placed in a waste management 
unit exempted under the provisions of Sec. 264.1082(c)(1) of this 
subpart from using air emission controls, and thereafter an initial 
determination of the average VO concentration of the waste stream shall 
be made for each averaging period that a hazardous waste is managed in 
the unit; and
    (ii) Perform a new waste determination whenever changes to the 
source generating the waste stream are reasonably likely to cause the 
average VO concentration of the hazardous waste to increase to a level 
that is equal to or greater than the applicable VO concentration limits 
specified in Sec. 264.1082 of this subpart.
* * * * *
    (b) * * *
    (1) * * *
    (i) An initial determination of the average VO concentration of the 
waste stream shall be made before the first time any portion of the 
material in the treated waste stream is placed in the exempt waste 
management unit, and thereafter update the information used for the 
waste determination at least once every 12 months following the date of 
the initial waste determination; and
    (ii) Perform a new waste determination whenever changes to the 
process generating or treating the waste stream are reasonably likely 
to cause the average VO concentration of the hazardous waste to 
increase to a level such that the applicable treatment conditions 
specified in Sec. 264.1082 (c)(2) of this subpart are not achieved.
* * * * *
    7. Section 264.1084 is amended by revising paragraph (h)(3) to read 
as follows:


Sec. 264.1084  Standards: Tanks.

* * * * *
    (h) * * *
    (3) Whenever a hazardous waste is in the tank, the tank shall be 
operated as a closed system that does not vent to the atmosphere except 
under either or the following conditions as specified in paragraph 
(h)(3)(i) or (h)(3)(ii) of this section.
    (i) At those times when opening of a safety device, as defined in 
Sec. 265.1081 of this subpart, is required to avoid an unsafe 
condition.
    (ii) At those times when purging of inerts from the tank is 
required and the purge stream is routed to a closed-vent system and 
control device designed and operated in accordance with the 
requirements of Sec. 264.1087 of this subpart.
* * * * *
    8. Section 264.1086 is amended by adding new paragraph (e)(6) to 
read as follows:


Sec. 264.1086  Standards: Containers.

* * * * *
    (e) * * *
    (6) Transfer of hazardous waste in or out of a container using 
Container Level 3 controls shall be conducted in such a manner as to 
minimize exposure of the hazardous waste to the atmosphere, to the 
extent practical, considering the physical properties of the hazardous 
waste and good engineering and safety practices for handling flammable, 
ignitable, explosive, reactive, or other hazardous materials. Examples 
of container loading procedures that the EPA considers to meet the 
requirements of this paragraph include using any one of the following: 
A submerged-fill pipe or other submerged-fill method to load liquids 
into the container; a vapor-balancing system or a vapor-recovery system 
to collect and control the vapors displaced from the container during 
filling operations; or a fitted opening in the top of a container 
through which the hazardous waste is filled and subsequently purging 
the transfer line before removing it from the container opening.
* * * * *

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

    9. The authority citation for part 265 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6906, 6912(a), 6924, 6925, 6912, 
6922, 6923, 6935, 6936, and 6937.

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

    10. Section 265.1080 is amended by revising paragraph (b)(5) to 
read as follows:


Sec. 265.1080  Applicability.

* * * * *

[[Page 3390]]

    (b) * * *
    (5) A waste management unit that is used solely for on-site 
treatment or storage of hazardous waste that is placed in the unit as a 
result of implementing 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.
* * * * *
    11. Section 265.1084 is amended by adding new paragraphs (a)(1)(i), 
(a)(1)(ii), (a)(3)(ii)(D), (b)(1)(i), (b)(1)(ii) and (b)(3)(ii)(D) and 
by revising paragraphs (a)(3)(ii)(B), (a)(3)(iii) introductory text, 
(b)(3)(ii)(B), and (b)(3)(iii) introductory text, to read as follows:


Sec. 265.1084  Waste determination procedures.

    (a) * * *
    (1) * * *
    (i) An initial determination of the average VO concentration of the 
waste stream shall be made before the first time any portion of the 
material in the hazardous waste stream is placed in a waste management 
unit exempted under the provisions of Sec. 265.1083(c)(1) of this 
subpart from using air emission controls, and thereafter an initial 
determination of the average VO concentration of the waste stream shall 
be made for each averaging period that a hazardous waste is managed in 
the unit; and
    (ii) Perform a new waste determination whenever changes to the 
source generating the waste stream are reasonably likely to cause the 
average VO concentration of the hazardous waste to increase to a level 
that is equal to or greater than the VO concentration limit specified 
in Sec. 265.1083(c)(1) of this subpart.
* * * * *
    (3) * * *
    (ii) * * *
    (B) A sufficient number of samples, but no less than four samples, 
shall be collected and analyzed for a hazardous waste determination. 
All of the samples for a given waste determination shall be collected 
within a one-hour period. The average of the four or more sample 
results constitutes a waste determination for the waste stream. One or 
more waste determinations may be required to represent the complete 
range of waste compositions and quantities that occur during the entire 
averaging period due to normal variations in the operating conditions 
for the source or process generating the hazardous waste stream. 
Examples of such normal variations are seasonal variations in waste 
quantity or fluctuations in ambient temperature.
* * * * *
    (D) Sufficient information, as specified in the ``site sampling 
plan'' required under paragraph (a)(3)(ii)(C) of this section, shall be 
prepared and recorded to document the waste quantity represented by the 
samples and, as applicable, the operating conditions for the source or 
process generating the hazardous waste represented by the samples.
    (iii) Analysis. Each collected sample shall be prepared and 
analyzed in accordance with one or more of the methods listed in 
paragraphs (a)(3)(iii)(A) through (a)(3)(iii)(I) of this section, 
including appropriate quality assurance and quality control (QA/QC) 
checks and use of target compounds for calibration. If Method 25D in 40 
CFR part 60, appendix A is not used, then one or more methods should be 
chosen that are appropriate to ensure that the waste determination 
accounts for and reflects all organic compounds in the waste with 
Henry's law constant values at least 0.1 mole-fraction-in-the-gas-
phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be 
expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] 
at 25 degrees Celsius. Each of the analytical methods listed in 
paragraphs (a)(3)(iii)(B) through (a)(3)(iii)(G) of this section has an 
associated list of approved chemical compounds, for which EPA considers 
the method appropriate for measurement. If an owner or operator uses 
EPA Method 624, 625, 1624, or 1625 in 40 CFR part 136, appendix A to 
analyze one or more compounds that are not on that method's published 
list, the Alternative Test Procedure contained in 40 CFR 136.4 and 
136.5 must be followed. If an owner or operator uses EPA Method 8260 or 
8270 in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication SW-846, (incorporated by reference--refer to 
Sec. 260.11(a) of this chapter) to analyze one or more compounds that 
are not on that method's published list, the procedures in paragraph 
(a)(3)(iii)(H) of this section must be followed. At the owner or 
operator's discretion, the owner or operator may adjust test data 
measured by a method other than Method 25D to the corresponding average 
VO concentration value which would have been obtained had the waste 
samples been analyzed using Method 25D in 40 CFR part 60, appendix A. 
To adjust these data, the measured concentration of each individual 
chemical constituent contained in the waste is multiplied by the 
appropriate constituent-specific adjustment factor (fm25D). 
If the owner or operator elects to adjust test data, the adjustment 
must be made to all individual chemical constituents with a Henry's law 
constant value greater than or equal to 0.1 Y/X at 25 degrees Celsius 
contained in the waste. Constituent-specific adjustment factors 
(fm25D) can be obtained by contacting the Waste and Chemical 
Processes Group, Office of Air Quality Planning and Standards, Research 
Triangle Park, NC 27711.
* * * * *
    (b) * * *
    (1) * * *
    (i) An initial determination of the average VO concentration of the 
waste stream shall be made before the first time any portion of the 
material in the treated waste stream is placed in a waste management 
unit exempted under the provisions of Sec. 265.1083(c)(2), 
Sec. 265.1083(c)(3), or Sec. 265.1083(c)(4) of this subpart from using 
air emission controls, and thereafter update the information used for 
the waste determination at least once every 12 months following the 
date of the initial waste determination; and
    (ii) Perform a new waste determination whenever changes to the 
process generating or treating the waste stream are reasonably likely 
to cause the average VO concentration of the hazardous waste to 
increase to a level such that the applicable treatment conditions 
specified in Sec. 265.1083(c)(2), Sec. 265.1083(c)(3), or 
Sec. 265.1083(c)(4) of this subpart are not achieved.
* * * * *
    (3) * * *
    (ii) * * *
    (B) A sufficient number of samples, but no less than four samples, 
shall be collected and analyzed for a hazardous waste determination. 
All of the samples for a given waste determination shall be collected 
within a one-hour period. The average of the four or more sample 
results constitutes a waste determination for the waste stream. One or 
more waste determinations may be required to represent the complete 
range of waste compositions and quantities that occur during the entire 
averaging period due to normal variations in the operating conditions 
for the process generating or treating the hazardous waste stream. 
Examples of such normal variations are seasonal variations in waste 
quantity or fluctuations in ambient temperature.
* * * * *
    (D) Sufficient information, as specified in the ``site sampling 
plan'' required under paragraph (C) of (b)(3)(ii)this section, 
Sec. 265.1084(b)(3)(ii), shall be

[[Page 3391]]

prepared and recorded to document the waste quantity represented by the 
samples and, as applicable, the operating conditions for the process 
treating the hazardous waste represented by the samples.
* * * * *
    (iii) Analysis. Each collected sample shall be prepared and 
analyzed in accordance with one or more of the methods listed in 
paragraphs (b)(3)(iii)(A) through (b)(3)(iii)(I) of this section, 
including appropriate quality assurance and quality control (QA/QC) 
checks and use of target compounds for calibration. When the owner or 
operator is making a waste determination for a treated hazardous waste 
that is to be compared to an average VO concentration at the point of 
waste origination or the point of waste entry to the treatment system 
to determine if the conditions of Sec. 264.1082(c)(2)(i) through 
(c)(2)(vi) or Sec. 265.1083(c)(2)(i) through (c)(2)(vi) are met, then 
the waste samples shall be prepared and analyzed using the same method 
or methods as were used in making the initial waste determinations at 
the point of waste origination or at the point of entry to the 
treatment system. If Method 25D in 40 CFR part 60, appendix A is not 
used, then one or more methods should be chosen that are appropriate to 
ensure that the waste determination accounts for and reflects all 
organic compounds in the waste with Henry's law constant values at 
least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-
phase (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 
atmospheres/gram-mole/m3] at 25 degrees Celsius. Each of the analytical 
methods listed in paragraphs (b)(3)(iii)(B) through (b)(3)(iii)(G) of 
this section has an associated list of approved chemical compounds, for 
which EPA considers the method appropriate for measurement. If an owner 
or operator uses EPA Method 624, 625, 1624, or 1625 in 40 CFR part 136, 
appendix A to analyze one or more compounds that are not on that 
method's published list, the Alternative Test Procedure contained in 40 
CFR 136.4 and 136.5 must be followed. If an owner or operator uses EPA 
Method 8260 or 8270 in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, (incorporated by 
reference--refer to Sec. 260.11(a) of this chapter) to analyze one or 
more compounds that are not on that method's published list, the 
procedures in paragraph (b)(3)(iii)(H) of this section must be 
followed. At the owner or operator's discretion, the owner or operator 
may adjust test data measured by a method other than Method 25D to the 
corresponding average VO concentration value which would have been 
obtained had the waste samples been analyzed using Method 25D in 40 CFR 
part 60, appendix A. To adjust these data, the measured concentration 
of each individual chemical constituent contained in the waste is 
multiplied by the appropriate constituent-specific adjustment factor 
(fm25D). If the owner or operator elects to adjust test 
data, the adjustment must be made to all individual chemical 
constituents with a Henry's law constant equal to or greater than 0.1 
Y/X at 25 degrees Celsius contained in the waste. Constituent-specific 
adjustment factors (fm25D) can be obtained by contacting the 
Waste and Chemical Processes Group, Office of Air Quality Planning and 
Standards, Research Triangle Park, NC 27711.
* * * * *
    12. Section 265.1085 is amended by replacing paragraph (h)(3) 
revising to read as follows:


Sec. 265.1085  Standards: Tanks.

* * * * *
    (h) * * *
    (3) Whenever a hazardous waste is in the tank, the tank shall be 
operated as a closed system that does not vent to the atmosphere except 
under either or the following conditions as specified in paragraph 
(h)(3)(i) or (h)(3)(ii) of this section.
    (i) At those times when opening of a safety device, as defined in 
Sec. 265.1081 of this subpart, is required to avoid an unsafe 
condition.
    (ii) At those times when purging of inerts from the tank is 
required and the purge stream is routed to a closed-vent system and 
control device designed and operated in accordance with the 
requirements of Sec. 265.1088 of this subpart.
* * * * *
    13. Section 265.1087 is amended by adding new paragraph (e)(6) to 
read as follows:


Sec. 265.1087  Standards: Containers.

* * * * *
    (e) * * *
    (6) Transfer of hazardous waste in or out of a container using 
Container Level 3 controls shall be conducted in such a manner as to 
minimize exposure of the hazardous waste to the atmosphere, to the 
extent practical, considering the physical properties of the hazardous 
waste and good engineering and safety practices for handling flammable, 
ignitable, explosive, reactive, or other hazardous materials. Examples 
of container loading procedures that the EPA considers to meet the 
requirements of this paragraph include using any one of the following: 
A submerged-fill pipe or other submerged-fill method to load liquids 
into the container; a vapor-balancing system or a vapor-recovery system 
to collect and control the vapors displaced from the container during 
filling operations; or a fitted opening in the top of a container 
through which the hazardous waste is filled and subsequently purging 
the transfer line before removing it from the container opening.
* * * * *
[FR Doc. 99-1335 Filed 1-20-99; 8:45 am]
BILLING CODE 6560-50-P