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Federal Register / Vol. 45, No. 212 / Thursday, October 30, 1980 / Rules and Regulations 72025
<br /> The bulk storage of crude oil and even holding, and are typically operated to vehicles or vessels should be exempted
<br /> refined petroleum products, such as hold,the hazardous wastes which are from regulation when these wastes
<br /> gasoline,frequently produces a sludge generated to them,until the wastes are remain in the units after they have
<br /> or sediment that periodically must be. purposefully removed.Thus, these ceased to be operated for the primary
<br /> removed.These sludges and sediments hazardous wastes are contained against purpose of manufacturing or product or
<br /> are solid wastes under§281.2 and release into the environment[except,of raw materials storage or transportation.
<br /> frequently may be hazardous wastes course,when abnormal circumstances EPA believes that when operation
<br /> either because they are listed[see EPA such as fire or explosion occur)and the ceases, the incentive to maintain the
<br /> liazardous Waste Number K052 in risks they pose to human health or the integrity of the unit to prevent leaks or
<br /> 1261.32)or because they exhibit one or environment are very low and are only other unintended release of products.
<br /> more of the characteristics of hazardous incidental to the risks posed by the raw materials or manufacturing
<br /> wastes identified in fart 261,Subpart C. valuable product or raw material with intermediates into the environment is
<br /> The generation of sludges and residues which they are associated.Based on substantially reduced. Consequently,the
<br /> that are hazardous wastes also can these conclusions,EPA believes it is not incentive to maintain the unit to prevent
<br /> occur in the storage of other products necessary,except as noted below,to leaks or release of hazardous wastes
<br /> and raw materials. require owners and operators of these which may remain to the unit after
<br /> Similarly,sludges and residues are units to obtain permits for these units or cessation of operation would also be
<br /> frequently produced in tank trucks,rail to comply with the requirements of substantially reduced.As stated above,
<br /> lank cars and the tanks or holds of ships §262.34 or Parts 264 or 265 with respect the rationale for exempting hazardous
<br /> and barges that have carried products or to these units, waste from regulation while it remains
<br /> raw materials(which are not hazardous Except where the unit is a surface in the unit in which it was generated is
<br /> wastes).These sludges and residues are impoundment or is not operating,as that the unit will have structural
<br /> periodically removed through washing discussed below,the Agency believes integrity against releases and will be
<br /> of the tanks of these transport vehicles that the hazardous waste generated in operated to prevent such releases.The
<br /> and vessels.They are solid wastes and such a unit should only be subject to Agency believes that this rationale does
<br /> occasionally are hazardous wastes for regulation when it is removed from the not hold after cessation of operation.
<br /> the same reasons stated above.Where unit.In most cases, it is only after the EPA recognizes that manufacturing
<br /> these sludges and residues are removal of hazardous wastes from these units and product and raw material
<br /> hazardous wastes,these vehicles and units that the wastes have the potential storage tanks,transport vehicles and
<br /> vessels technically are hazardous waste for releasing hazardous constituents into vessels are occasionally taken out of
<br /> storage facilities subject to regulation the environment and posing a operation for temporary periods that
<br /> prior to the removal of the hazardous substantial hazard to human health or may range from days,to months,and
<br /> waste. the environment. sometimes years,because of temporary
<br /> Other examples occur in a great many As one exception to the foregoing, declines in business or other business
<br /> manufacturing processes,where EI'A does not believe that surface reasons.Units may also he taken out of
<br /> hazardous wastes are generated in impoundments in which hazardous operation for maintenance or repair.
<br /> process units,such as distillation wastes are generated should be During these temporary shutdowns,
<br /> columns.flotation units,and discharge exempted from the regulations.These hazardous wastes may remain in these
<br /> trays of screens and in associated non- units,by definition(see 40 CFR 260.10), units.The Agency also recognizes that
<br /> waste-treatment process units such as are formed in or constructed of earthen these units may be permanently taken
<br /> cooling towers.Many of these materials and often may not be lined out of operation and hazardous wastes
<br /> hazardous wastes are listed in§§261.31 with Impermeable materials capable of may remain in them for some period of
<br /> and 261.32[e.g.,EPA Hazardous Waste preventing leaching,Any hazardous time after shutdown.For both temporary
<br /> Numbers K009 and K010 in§267..32]. wastes generated and accumulated or and permanent shutdowns,the Agency
<br /> Others are hazardous wastes because stored in these units will have a much will allow a reasonable time to remove
<br /> they exhibit one or more characteristics greater potential to leach,leak or any hazardous wastes that remain in the
<br /> of hazardous wastes[see 40 CFR Part otherwise escape from these units into unit after operation ceases.Given the
<br /> Z01,Subpart Q.These hazardous the environment than those hazardous presumption that the unit has integrity
<br /> wastes reside in these process units for wastes generated and contained in the before cessation of operation,the
<br /> some period of time--sometimes only tanks and tank-like units discussed Agency believes that a reasonable time
<br /> minutes,other times for hours or days— above.Because of this greater potential is go days.This time also is consistent
<br /> and technically cause these units to be for release into the environment,the with the 90-day accumulation period
<br /> hazardous waste storage facilities Agency believes that the hazardous allowed under§262.34.If hazardous
<br /> subject to regulation, wastes generated in surface wastes remain in these units more than
<br /> Except for surface impoundments,and impoundments may pose a substantial 90 days after cessation of operation,
<br /> non-operating units,EPA did not intend hazard to human health or the EPA believes that these wastes should
<br /> to regulate product and raw meterial environment and therefore warrant be fully regulated and that the units
<br /> storage tanks,transport vehicles and regulation even while they remain in the should be regulated as hazardous waste
<br /> vessels or manufacturing process units impoundment.Such regulation will storage facilities.Thus,at that point,the
<br /> in which hazardous wastes are ensure that the impoundment is properly owner and operator of the Unit would
<br /> generated.As represented by the above constructed,lined,inspected and have to have interim status and comply
<br /> examples,most of these units are tanks operated,and that groundwater with the Interim Status Standards of
<br /> or lank-like units[e.g.,distillation units) monitoring is performed. Part 265 or have a permit under Part 122
<br /> which are designed and operated to hold As a second exception to the and comply with permit conditions.
<br /> valuable products or raw materials in foregoing.EPA does not believe that Based on the foregoing assessment,
<br /> storage or transportation or during hazardous wastes generated in EPA,in this rulemaking action, is
<br /> manufacturing.Because of their design} manufacturing process units,or product amending the regulations by adding an
<br /> :nd operation,these units are capable of or raw material storage tanks, transport exclusion provision to §261.4 which
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