|
Federal Register / Vol. 45. No. 212 / Thursday,. October,.30, 1980: / Rules and Regulations: 72025'
<br /> The,buik-storage of crude-oil and even. . holding;and are typically-operated to vehicles or vessels should be exempted
<br /> refined petroleum,products,,such a� hold,the hazardous wastes which.are.. from regulationwhen-these-wastes
<br /> gasoline,frequently,produces:asludge generated in 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 sludgex andaediments, hazardous wastes are contained against; purpose-of manufacturing:or product or
<br /> are solid wastes under§2`61.2 and release into.the environment.(except,of raw materials-storage or Iran.sportation.-,
<br /> n
<br /> frequently may be-hazardous wastes course,_whe .abnormal circumstances EPA believes.that when operation r
<br /> either because theyare listed(see EPA such as.fire,or.explosion.occur)and.the ceases,the incentive.to maintain the
<br /> Hazardous Waste Number-K052-in risks they pose to humanhealaor the integrity of'the unit to preventieaks.or
<br /> §261.32)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.posedby the raw materialsormanufacturing
<br /> wastes identified'in Part 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 productsnecessary,except as:noted.below,to leaks or release:of hazardous wastes
<br /> and raw materials. require owners-and operators.of these which may-remain in the unit after
<br /> Similarly,sludges andresidues are units to obtain permits,forthese 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 /> tank cars and'the tanks Qr holds of ships §262.34 or Parts 264 or 265.with respect the rationale for exempting hazardous
<br /> andbarges 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.i's-a-surface in the-unit in-whichitwas generated is -
<br /> wastes).These sludges and residues are impoundment or is not operating,as that-the•unitwill_hdve`structural
<br /> periodically removed through washing: discussed below,.the Agency.believes integrityagainstreieases andwili be
<br /> of the tanks of these transport vehicles that:the hazardous waste,generated"inoperated to prevent such releases.The''
<br /> and vessels:They are solid wastes and such a unit should-onlylie 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 wehicles`and. units that the-wastes have:the.potential storage tanks;.transporfvehicles 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 environnient.and posing a operation for temporary periods that _
<br /> j 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 ezamplesoccur.in a great many As one e,=eptlon.to the foregoing; declines in business or_other business
<br /> manufacturingprocesses,where EPA does not believe that surface: reasons.Units may also be.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'shouid.be: During these temporary-shutdowns',
<br /> columns,flotation units,:and discharge exempted from the regulations.These- hazardous wastesmay 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 /> wasfe-treatment'process units such as are formed in or constructed of earthen these units may be.permanently,taken
<br /> co
<br /> towers.Many,of these materials_and.often may not be lined out of operation_and`hazardous wastes
<br /> hazardouswastes are listed in§;§261.31." with impermeable materials:capable,of may remainin 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.andK010 in§`.261.32): wastes generated-and accumulated or and permanent shutdowns;the-Agericy
<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 thatremain in the:-
<br /> of hazardous wastes(see 40 CFR Part_ otherwise escape-from these units into- unit after operation ceases.:Given the
<br /> 261,Subpart C).These Hazardous the environment than_those hazardous.. presumption that the,unit has integrity
<br /> wastes.reside in these process,units for wastes generated and dontained in thei before cessation of operation,the
<br /> some periodof.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 90 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 /> hazardouswaste storage facilities Agency believes that the hazardous allowed under.§262.34:If.hazardous
<br /> subject.to regulation. wastes-generated-in.surfs:ce 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 material 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_regulationwill storage facilities::Thus,at:thatpoint,the
<br /> in which.hazardous wastes-are, ensure that the impoundment is properly 'owner and operator of the.Unit.would
<br /> generated.Asrepresented by the above constructed,lined,inspected and, have to have interim status.and comply"
<br /> examples,.mostof these units are tanks, operated,and that groundwater with the.Interim Status Standards:of
<br /> or tank-like-units(eg,,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 notbelieve that Based on the foregoing=assessment',
<br /> storage or transportation or during: hazardous wastes;generated in. EPA,in this-rulemakingaaction,is
<br /> manufacturing.Because of their.design manufacturing.process,units;-or product amending the-regulations by`adding an
<br /> and operation,.these-unitsare.capable-of or raw material storage tanks,transport exclusionprovision to§261'.4-which.
<br />
|