[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-25064] [[Page Unknown]] [Federal Register: October 13, 1994] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [AD-FRL-5087-4] RIN 2060-AE05 National Emission Standards for Hazardous Air Pollutants for Source Category: Off-Site Waste and Recovery Operations AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule and notice of public hearing. ----------------------------------------------------------------------- SUMMARY: Under the authority of the Clean Air Act, the EPA is proposing National Emission Standards for Hazardous Air Pollutants (NESHAP) for off-site waste and recovery operations. This rule would apply to owners and operators of facilities, with certain exceptions, that manage wastes or recoverable materials which have been generated off-site at another facility and contain specific organic chemical compounds listed as hazardous air pollutants (HAP). The NESHAP would require air emission controls be implemented for tanks, containers, surface impoundments, land disposal units, and certain other operations used to manage, convey, or handle wastes or recoverable materials except when the HAP content of a waste or recoverable material meets conditions specified in the rule. DATES: Comments. The EPA will accept comments on the proposed rule until December 12, 1994. Public Hearing. If requested, the EPA will hold a public hearing concerning the proposed rule beginning at 10 a.m. on November 21, 1994. Persons interested in presenting oral testimony to the EPA at a public hearing must contact the person listed below (see FOR FURTHER INFORMATION CONTACT) no later than November 10, 1994. Persons interested in attending the hearing should call the person listed below (see FOR FURTHER INFORMATION CONTACT) to verify that a hearing will be held. ADDRESSES: Comments. Interested parties may submit written comments regarding the proposed rule (in duplicate, if possible) to the following: Air and Radiation Docket and Information Center, Attention Docket No. A-92-16, U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460. The EPA requests that a separate copy of the comments also be sent to the contact person listed below (see FOR FURTHER INFORMATION CONTACT). Public Hearing. If a hearing is requested it will be held at the EPA Office of Administration Auditorium, Research Triangle Park, North Carolina. Background Information Document. The background information document (BID) may be obtained from the U.S. Environmental Protection Library (MD-35), Research Triangle Park, North Carolina 27711, telephone number (919) 541-2777. Please refer to ``National Emissions Standards for Hazardous Air Pollutants for Source Category: Off-site Waste and Recovery Operations--Background Information Document for Proposed Standards,'' EPA document no. EPA-453/R-94-070a. Docket. The proposed regulatory text, Background Information Document (BID), and other supporting information used in developing the proposed rule are available in the docket for public inspection and copying. The docket for this rulemaking is Docket No. A-92-16 and is located at the EPA's Air and Radiation Docket and Information Center, Waterside Mall, room 1500, 1st Floor, 401 M Street, SW., Washington, DC 20460. The docket room is open to the public from 8 a.m. to 4 p.m., Monday through Friday. Telephone number (202) 260-7548. A reasonable fee may be charged for copying docket materials. FOR FURTHER INFORMATION CONTACT: Mr. Eric L. Crump, Office of Air Quality Planning and Standards, Chemicals and Petroleum Branch (MD-13), U.S. Environmental Protection Agency, Research Triangle Park, North Carolina, 27711, telephone (919) 541-5032, telefax (919) 541-3470. SUPPLEMENTARY INFORMATION: Organization of This Document The information presented in this notice of proposed rule is organized as follows: I. Summary of Proposed Rule A. Summary of Rule Requirements B. Summary of Rule Impacts II. Background A. Section 112 Statutory Requirements B. Listing of Source Category C. Summary of Public Participation in Development of Proposed Rule D. Relationship of Proposed Rule to Other EPA Regulatory Actions III. Source Category Description A. Organic HAP Types B. Facility Types C. Nationwide Organic HAP Emissions IV. Development of Regulatory Alternatives A. Selection of Source Category and Pollutants for Control B. Subcategorization C. Selection of Emission Points D. Definition of Source E. Selection of MACT Floor F. Regulatory Alternatives for Existing Sources G. Regulatory Alternatives for New Sources H. Regulatory Alternative Impacts V. Selection of Basis for Proposed Standards A. Selection of Regulatory Alternative for Existing Sources B. Selection of Regulatory Alternative for New Sources C. Selection of Format for Proposed Standards D. Selection of Test Methods and Procedures E. Selection of Monitoring and Inspection Requirements F. Selection of Recordkeeping and Reporting Requirements G. Emissions Averaging VI. Rule Implementation A. Effective Date for Compliance B. Modifications and Reconstruction C. Relationship to Operating Permit Program VII. Administrative Requirements VIII. Statutory Authority Additional Detailed Information The proposed regulatory text is not included in this Federal Register notice, but is available in Docket No. A-92-16 or by request from the EPA's Air and Radiation Docket and Information Center (see ADDRESSES). This notice, the proposed regulatory text, and the BID are also available on the Technology Transfer Network (TTN), one of the EPA's electronic bulletin boards. The TTN provides information and technology exchange in various areas of air pollution control. The service is free, except for the cost of a telephone call. Dial (919) 541-5742 for up to a 14,400 bauds per second modem. If more information on TTN is needed, call the HELP line at (919) 541-5384. A limited number of copies of these documents are available on diskette. They can be obtained by writing or faxing a request to the EPA contact person designated earlier in this notice. I. Summary of Proposed Rule A. Summary of Rule Requirements Today's proposed rule would amend title 40, chapter I, part 63 of the Code of Federal Regulations by adding a new subpart DD--National Emission Standards for Hazardous Air Pollutants for Off-site Waste and Recovery Operations. The following is a summary of the requirements proposed for the rule. The EPA is proposing to define ``waste'' for the off-site waste and recovery operations NESHAP as any material generated from industrial, commercial, mining, or agricultural operations or from community activities that is discarded, discharged, or is being accumulated, stored, or physically, chemically, thermally, or biologically treated prior to being discarded or discharged. This definition would include all materials defined to be solid wastes under Resource Conservation and Recovery Act (RCRA) rules including hazardous wastes. The EPA is proposing to define ``recoverable material'' for this rulemaking as any material generated from industrial, commercial, mining, or agricultural operations or from community activities that is recycled, reprocessed, reused, or is being accumulated, stored, or physically, chemically, thermally, or biologically treated prior to being recycled, reprocessed, or reused. Under this definition, secondary materials such as used, surplus, and scrap materials that are recycled or reprocessed to recover reusable materials or to create new products would be considered by the EPA to be recoverable materials subject to this NESHAP. Waste and recoverable material subject to the off-site waste and recovery operations NESHAP are collectively referred to in the proposed rule as ``regulated material.'' 1. Applicability The proposed rule would apply to owners and operators of facilities, with certain exceptions listed below, where operations are conducted to manage, convey, or handle wastes or recoverable materials that are received from other facilities and contain hazardous air pollutants. In other words, the waste or recoverable material has been generated off-site at a separate location and, then, shipped or transferred to the facility for subsequent management. Applicable operations subject to the rule would include storage, treatment, and disposal operations as well as recycling, recovery, and reprocessing operations. All of these operations collectively are referred to hereafter in this notice as ``off-site waste and recovery operations.'' The rule would apply to off-site waste and recovery operations receiving regulated materials that contain one or more of the specific organic chemicals listed in a table included as part of the proposed rule. These organic chemicals have been designated as hazardous air pollutants (HAP) under CAA section 112(b), and are referred to collectively hereafter in this notice as ``organic HAP.'' Off-site waste and recovery operations managing waste or recoverable material that does not contain any of the organic chemicals listed in the rule would not be ``regulated materials'' subject to the rule. The EPA is proposing that the off-site waste and recovery operations NESHAP only apply to ``major sources'' as defined in the Part 63 general provisions (40 CFR 63.2). ``Area sources'' as defined under 40 CFR 63.2 would not be subject to the rule. The rule would not apply to certain types of waste or recovery operations located at an affected facility because HAP emissions from these operations are addressed by other EPA regulatory actions. The following operations at an affected facility would be exempted from the requirements of the off-site waste and recovery operations NESHAP: (1) Units or equipment used exclusively to manage waste or recoverable material generated at the affected facility site (i.e., waste or recoverable material generated on-site); (2) municipal solid waste landfill units; (3) incinerators used to burn waste; (4) boilers or furnaces used to burn regulated material to produce energy; (5) units or equipment located at a publicly-owned treatment works; or (6) units or equipment used exclusively to manage waste that has been received from remediation activities to cleanup wastes designated as hazardous wastes under Resource, Conservation, and Recovery Act (RCRA) rules. In addition, the off-site waste and recovery operations NESHAP would not apply to underground components of injection wells used for disposal of waste. 2. General Standards The general standards proposed for the off-site waste and recovery operations NESHAP apply to major sources. The standards would require that the owner or operator of an affected facility control air emissions from certain waste management units and equipment in which regulated materials containing the organic HAP listed in the rule are placed on or after the effective date of the rule. These air emission control requirements would not apply to any affected facility for which the owner or operator demonstrates that the total annual organic HAP mass content of all regulated materials subject to the rule entering the facility is less than 1 megagram per year (Mg/yr). The procedure to be used by the owner or operator to calculate the total annual organic HAP mass content of the regulated material is specified in the rule. The EPA requests comment on the proposed 1 Mg/yr exemption, and requests supporting information be provided with any recommendation for an alternative exemption level. Two other provisions are proposed for the off-site waste and recovery operations NESHAP that would allow individual units at an affected facility to be exempted from the air emission control requirements of the rule. The first provision would exempt from the air emission control requirements those units at major sources that exclusively are used to manage regulated material received at the facility with a volatile organic hazardous air pollutant (VOHAP) concentration less than 100 parts per million by weight (ppmw) on a mass-weighted average basis. The regulated material VOHAP concentration would be determined based on the organic HAP content of the regulated material at the point where the facility accepts delivery or takes possession of the regulated material, using procedures specified in the rule. The EPA requests comment on the definitiveness of the term ``point of entry'' as defined in the rule. The second individual unit exemption provision proposed in the rule would allow an owner or operator to selectively designate, on a site- specific basis, certain individual units to be exempt from the air emission control requirements regardless of the VOHAP concentration of the regulated material placed in the unit. Application of this discretionary exemption by the owner or operator would be limited based on regulated material organic HAP content. Under this provision, the total annual organic HAP mass content in the regulated materials placed in all of the units designated by the owner or operator as exempt units could not exceed 1 Mg/yr as determined in accordance with the procedures specified in the rule. The EPA requests comment on the structure of the proposed 1 Mg/yr exemption for individual units, as well as supporting information for any recommendation for an alternative exemption level. For tanks, surface impoundments, containers, conveyance systems, and certain treatment units required to use air emission controls under the off-site waste and recovery operations NESHAP, the owner or operator would be required to either: (1) Install and operate air emission controls on the unit in accordance with standards specified in the rule; or (2) treat the regulated material before the regulated material is placed in the unit to remove or destroy organic HAP in accordance with requirements specified in the rule. For land disposal units and other miscellaneous units subject to the air emission control requirements of the rule, the owner or operator would be required to treat the regulated material before the regulated material is placed in the unit to remove or destroy organic HAP in accordance with the requirements specified in the rule. In addition to these requirements, the rule would require that the owner or operator of an affected facility control organic HAP emissions from leaks in certain ancillary equipment (e.g., pumps, valves, flanges, etc.) used to handle regulated material streams having a total organic HAP concentration equal to or greater than 10 percent by weight. Under the proposed rule, an owner or operator would be allowed to use any type of treatment process to reduce the organic HAP content of the regulated material that can continuously achieve the performance requirements specified in the rule. Several alternative treatment process performance standards are specified in the proposed rule from which the owner or operator could choose to comply. These standards would allow the use of a treatment process that achieves any of the following conditions: (1) the actual VOHAP concentration of the regulated material exiting the treatment process is less than 100 ppmw or the VOHAP concentration limit established for the process, whichever value is lower; (2) the HAP reduction efficiency for the treatment process is equal to or greater than 95 percent, and the VOHAP concentration of the regulated material exiting the treatment process is less than 50 ppmw; or (3) the actual HAP mass removal for the treatment process is greater than the required mass removal established for the process. 3. Tank Standards The tank standards proposed for the off-site waste and recovery operations NESHAP would establish the requirements for tanks using air emission controls to comply with the general standards of the rule. No air emission controls would be required under the rule for a tank in which all regulated material placed in the unit has been treated to remove or destroy organic HAP in accordance with the requirements specified in the general standards. Also, the tank standards would not apply to a tank in which biological treatment of a regulated material is performed under certain conditions specified in the rule; or to a tank designated by the owner or operator to be exempted from using air emission controls in accordance with the rule provisions. The proposed air emission control requirements for tanks would be applied based on the tank design capacity, the maximum HAP vapor pressure of the regulated material in the tank, and whether the tank is designated an ``existing tank'' or a ``new tank'' under the provisions of 40 CFR part 63. Both existing tanks and new tanks in which the maximum HAP vapor pressure of the regulated material in the tank is equal to or greater than 76.6 kPa (approximately 11.1 psi), would be required (regardless of tank design capacity) to manage the regulated material in a tank using a cover that is connected through a closed- vent system to a control device. For affected tanks in which the maximum HAP vapor pressure of the regulated material in the tank is less than 76.6 kPa, different standards are proposed for existing tanks and for new tanks depending on the tank design capacity. Under the proposed tank standards for existing tanks in which the maximum HAP vapor pressure of the regulated material in the tank is less than 76.6 kPa, use of air emission controls would be required on tanks having a design capacity equal to or greater than 75 m\3\ (approximately 20,000 gallons). No air emission controls would be required under the rule for an existing tank having a design capacity less than 75 m\3\. For tanks having a design capacity equal to or greater than 75 m\3\, an owner or operator would be required to install and operate air emission controls in accordance with the rule requirements. These requirements specify that, unless the maximum HAP vapor pressure of the regulated material in the tank is less than certain limits specified in the rule, the owner or operator install and operate on the tank one of the following air emission control systems: (1) A cover that is connected through a closed-vent system to a control device; (2) a fixed-roof type cover with an internal floating roof that is designed and operated in accordance with the requirements of the new source performance standard (NSPS) for volatile organic liquid (VOL) storage under 40 CFR 60.112b(a)(1); (3) an external floating roof that is designed and operated in accordance with the requirements of the VOL storage NSPS under 40 CFR 60.112b(a)(2); or (4) a pressure tank that is designed to operate as a closed system. Under the proposed rule, an owner or operator would be allowed to use a fixed-roof type cover (without any additional controls) for existing tanks having a capacity less than 151 m\3\ (approximately 40,000 gallons) when the maximum HAP vapor pressure of the regulated material in the tank is less than 27.6 kPa (approximately 4.0 psi), and for larger capacity tanks when the maximum HAP vapor pressure of the regulated material in the tank is less than 5.2 kPa (approximately 0.75 psi). The proposed standards for new tanks in which the maximum HAP vapor pressure of the regulated material in the tank is less than 76.6 kPa would require the use of air emission controls on tanks having a design capacity equal to or greater than 38 m\3\ (approximately 10,000 gallons). The same types of air emission control systems specified in the proposed rule for existing tanks (e.g., vent to control device, use floating roof, pressure tank, or use of fixed-roof type covers under certain conditions) would apply to new tanks with the exception that the maximum HAP vapor pressure limits allowed for using fixed-roof type covers without additional controls are lower for new tanks than existing tanks. An owner or operator would be allowed to use a fixed- roof type cover without additional controls for new tanks having a capacity less than 151 m\3\ when the maximum HAP vapor pressure of the regulated material in the tank is less than 13.1 kPa (approximately 1.9 psi), and for larger capacity tanks when the maximum HAP vapor pressure of the regulated material in the tank is less than 0.7 kPa (approximately 0.1 psi). The proposed maximum HAP vapor pressure limits selected for existing tanks that would be allowed to use fixed-roof type covers without additional controls are based on the waste vapor pressure limits established for tanks at hazardous waste treatment, storage, and disposal facilities (TSDF) subject to air rules being developed by the EPA under authority of RCRA section 3004(n) (refer to 56 FR 33490). For today's proposed rulemaking, the EPA considered using the maximum vapor pressure limits established for tanks under the NESHAP for the synthetic organic chemical manufacturing (SOCMI) industry (40 CFR 63 subpart G). Because the sources subject to both the off-site waste and recovery operations NESHAP and the RCRA air rules are similar, the EPA believes it is appropriate to use the maximum vapor pressure limits established for the RCRA air rules for today's proposed rulemaking also. The EPA requests comment on the selection of the maximum HAP vapor pressure limits proposed for the air emission control requirements for tanks under the off-site waste and recovery operations NESHAP. 4. Surface Impoundment Standards The proposed air emission control requirements are the same for existing surface impoundments and new surface impoundments. These requirements would not apply to either: a surface impoundment in which all regulated material placed in the unit has been treated to remove or destroy organic HAP in accordance with the requirements specified in the general standards; a surface impoundment in which biological treatment of a regulated material is performed under certain conditions specified in the rule; or a surface impoundment designated by the owner or operator to be exempted from using air emission controls in accordance with rule provisions. For each surface impoundment required to use air emission controls, the owner or operator would be required to use either: a cover that is connected to a closed-vent system vented to a control device; or a floating membrane cover that is designed and operated in accordance with requirements specified in the rule. 5. Container Standards The proposed air emission control requirements are the same for existing and new containers. These requirements would not apply to either: a container having a design capacity less than or equal to 0.1 m\3\ (approximately 26 gallons); a container in which all regulated material placed in the unit has been treated to remove or destroy organic HAP in accordance with the requirements specified in the general standards; or a container designated by the owner or operator to be exempted from using air emission controls in accordance with rule provisions. For containers used for storage, treatment, and handling of regulated material, the owner or operator would be required to use either: (1) a container that is equipped with a vapor leak-tight cover; (2) a container having a design capacity less than or equal to 0.42 m\3\ (approximately 110 gallons) that is equipped with a cover and complies with all applicable U.S. Department of Transportation regulations on packaging hazardous waste for transport under 49 CFR part 178; or (3) a container that is attached to or forms a part of any truck, trailer, or railcar and that has been demonstrated within the preceding 12 months to be organic HAP vapor tight in accordance with the procedure specified in the rule. For containers in which treatment of regulated material is performed, the owner or operator would be required to place the container inside an enclosure that is connected through a closed-vent system to a control device at all times that the container is completely or partially uncovered during the treatment operation. Transfer of regulated material by pumping into a container having a design capacity greater than 0.42 m\3\ would be required to be performed using submerged fill loading. 6. Process Vent Standards The proposed off-site waste and recovery operations NESHAP would regulate organic HAP emissions from process vents on enclosed treatment units. Under the proposed rule, an ``enclosed treatment unit'' would be defined as a stationary, enclosed unit used for the purpose of treating or processing a regulated material, and for which all materials only enter or exit the unit through enclosed pipes or process vents while the unit is operating. Examples of an enclosed treatment unit include a distillation pot, distillation column, thin-film evaporator, solvent extraction tower, steam stripping tower, and air stripping tower. The proposed air emission control requirements are the same for existing units and new units. These requirements would not apply to either: an enclosed treatment unit in which all regulated material placed in the unit has been treated to remove or destroy organic HAP in accordance with the requirements specified in the general standards; or an enclosed treatment unit designated by the owner or operator to be exempted from using air emission controls in accordance with rule provisions. For each enclosed treatment unit required to use air emission controls, the owner or operator would be required to connect each process vent on the unit to a closed-vent system vented to a control device. 7. Conveyance System Standards The proposed off-site waste and recovery operations NESHAP would establish requirements for conveyance systems to control organic HAP emissions occurring during the transfer of a regulated material containing organic HAP between two regulated material management units using air emission controls in accordance with the rule requirements. Under the proposed rule, a ``conveyance system'' would be defined as a device other than a container used to transfer material to or from tanks, containers, surface impoundments, enclosed treatment units, or other regulated material management units. Examples of a conveyance system include a pipeline, individual drain system (with all associated drains, junction boxes, and sewer lines), channel, flume, gravity- operated conveyor (such as a chute), and mechanically-powered conveyor (such as a belt or screw conveyor). The proposed air emission control requirements are the same for existing conveyance systems and new conveyance systems. These requirements would not apply to either: a conveyance system in which all regulated material placed in the unit has been treated to remove or destroy organic HAP in accordance with the requirements specified in the general standards; or a conveyance system designated by the owner or operator to be exempted from using air emission controls in accordance with rule provisions. For each conveyance system required to use air emission controls, the owner or operator would be required to use one of the following systems: (1) a conveyance system which uses a cover that is connected through a closed-vent system to a control device; (2) a conveyance system which uses an enclosure that is connected through a closed-vent system to a control device; (3) a conveyance system which is designed and operated as an enclosed pipeline in which all joints or seams between the pipe sections are permanently or semi-permanently sealed (e.g., a welded joint between two sections of metal pipe or a bolted and gasketed flange); (4) a conveyance system which is designed and operated as an individual drain system in accordance with the requirements of 40 CFR 61.346(a)(1) or 40 CFR 61.346 (b)(1) through (b)(3); or (5) any other conveyance system which is designed to operate as a closed system such that the conveyance system operates with no detectable emissions (as determined by procedures specified under the rule) at all times that regulated material is in the conveyance system except under certain conditions. 8. Equipment Leak Standards The proposed off-site waste and recovery operations NESHAP would require owners and operators of affected facilities to control organic HAP emissions from leaks in pumps, compressors, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, flanges and other connectors, and product accumulator vessels that either contain or contact a regulated material which is a fluid (liquid or gas) and has a total organic HAP concentration equal to or greater than 10 percent by weight. The equipment leak standards would not apply to equipment that operates less than 300 hours per calendar year, or equipment for which the owner or operator is already complying with the requirements of 40 CFR 63 subpart H. For each equipment component subject to this standard at either an existing source or a new source, the owner or operator would be required to perform the leak detection and repair program and implement the equipment modifications required under 40 CFR 61.241 through 61.247. 9. Air Emission Control Equipment Requirements Specific design, performance, and operating requirements are proposed for each cover, closed-vent system, and control device installed by the owner or operator to comply with the tank, surface impoundment, container, conveyance system, enclosed treatment unit standards of the rule. The proposed requirements for covers are determined by the type of cover used and the type of regulated material management unit on which the cover is installed. Requirements are specified for vapor-leak tight covers (i.e covers that operate with no detectable emissions as determined by procedures specified under the rule), external and internal floating roofs installed on tanks, floating membrane covers installed on surface impoundments, and container enclosures requiring continuous or frequent worker access. Each closed-vent system would be required to operate with no detectable emissions (as determined by procedures specified under the rule). For the proposed rule, any control device could be used that reduces the mass content of either total organic compounds (less methane and ethane) or total HAP in the gases vented to the device by 95 percent by weight or greater. An owner or operator would be allowed to comply with alternative performance requirements for enclosed combustion devices (e.g., thermal vapor incinerators, catalytic vapor incinerators, boilers, and process heaters) and for flares. 10. Test Methods and Compliance Procedures For affected units using air emission controls in accordance with the rule requirements, no regulated material determination would be required under the proposed rule. An owner or operator would be required to determine the VOHAP concentration or organic HAP vapor pressure of the regulated material being managed in the unit not using air emission controls in accordance with the requirements of the standards. Either analysis of regulated material samples using procedures specified in the rule or the owner's or operator's knowledge of the regulated material could be used could be used for a regulated material determination. The owner or operator would determine that covers and closed-vent system operates with no detectable emissions by visual inspection and testing the equipment in accordance with the procedures specified in Method 21 under 40 CFR 60 appendix A. Test procedures for control devices would be consistent with procedures specified in existing NESHAP. 11. Monitoring and Inspection Requirements To ensure that the air emission control equipment is properly operated and maintained, the proposed off-site waste and recovery operations NESHAP would require that the owner or operator periodically inspect and monitor this equipment. Visual inspections and leak detection monitoring using Method 21 would be required for certain types of covers to ensure gaskets and seals are in good condition, and for closed-vent systems to ensure all fittings remain leak-tight. In general, semi-annual inspection and leak detection monitoring of covers is proposed. Annual inspection and leak detection monitoring would be required for closed-vent systems. Continuous monitoring of control device operation would be required under the proposed rule. This would involve the use of automated instrumentation to measure and record appropriate control device operating parameters that indicate whether the control device is in compliance with the applicable performance requirements of the rule. A more detailed explanation of these proposed monitoring requirements for control devices is presented in section V.E.1 of this notice. In cases when an owner or operator complies with the off-site waste and recovery operations NESHAP by treating a regulated material to remove or destroy HAP before placing the regulated material in a unit, the EPA is proposing that the owner or operator monitor appropriate operating parameters for the treatment process as described in section V.E.2 of this notice. 12. Recordkeeping and Reporting Requirements The proposed off-site waste and recovery operations NESHAP would require that the owner or operator to maintain certain records and submit to the EPA certain reports consistent with the recordkeeping and reporting requirements for all NESHAP as specified in the Part 63 general provisions (40 CFR 63 subpart A). B. Summary of Rule Impacts Implementation of the proposed off-site waste and recovery operations NESHAP would result in substantial reductions in organic HAP emissions to the atmosphere from off-site waste and recovery operations located in the United States. Furthermore, many of the organic HAP emitted from the off-site waste and recovery operations source category are also volatile organic compounds (VOC). These VOC react photochemically with other chemical compounds in the atmosphere to form ozone. Although the NESHAP proposed today would not specifically require control of VOC emissions from off-site waste and recovery operations, the organic emission control technologies upon which today's rulemaking is based would also significantly reduce VOC emissions from the source category. The EPA estimates that implementation of the proposed off-site waste and recovery operations NESHAP would reduce nationwide organic HAP emissions by approximately 43,000 Mg/yr and reduce nationwide VOC emissions by approximately 52,000 Mg/yr. The EPA prepared estimates of the cost to owners and operators of implementing the requirements of the proposed off-site waste and recovery operations NESHAP at facilities expected to be subject to the rule. The total nationwide capital investment cost to purchase and install the air emission controls that would be required by the proposed rule is estimated by the EPA to be approximately $49 million. The total nationwide annual cost of the off-site waste and recovery operations NESHAP, as proposed, is estimated to be approximately $24.5 million per year. II. Background A. Section 112 Statutory Requirements Section 112 of the Clean Air Act (CAA) regulates stationary sources of hazardous air pollutants (HAP). This section was comprehensively amended under Title III of the 1990 Clean Air Act Amendments. The term ``stationary source'' means any building, structure, facility, or installation that emits or may emit air pollutants. Under the amended CAA section 112(b), Congress listed 189 chemicals, compounds, or groups of chemicals as HAP. The EPA is directed by the CAA section 112 to regulate the emission of these HAP from stationary sources by establishing national emission standards (i.e., NESHAP). A 1990 amendment to section 112(c) of the CAA requires the EPA to develop and publish a list of source categories that emit HAP for which NESHAP will be developed. The EPA is required to list all known categories and subcategories of ``major sources.'' The term ``major source'' is defined by the CAA to mean ``any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, considering controls, in the aggregate 10 tons per year (ton/yr) or more of any HAP or 25 ton/yr or more of any combination of HAP.'' The EPA's initial list of categories of major sources of HAP emissions was published in the Federal Register on July 16, 1992 (57 FR 31576). For each NESHAP source category listed by EPA, standards must be developed to control HAP emissions from both new sources and existing sources in accordance with specific statutory directives set out in CAA section 112, as amended. The statute requires the EPA to establish standards under a NESHAP to reflect the maximum degree of reduction in HAP emissions through application of maximum achievable control technology (MACT). A statutory minimum or baseline to the level of HAP emission control that the EPA can select to be MACT for a particular source category is defined under CAA section 112(d)(3). This minimum HAP emission control level is referred as the ``MACT floor.'' For new sources, the MACT floor is the level of HAP emission control that is achieved in practice by the best controlled similar source. The statute allows standards under a NESHAP for existing sources to be less stringent than standards for new sources. The determination of MACT floor for existing sources is dependent on the nationwide number of existing sources within the source category. For a source category with 30 or more existing sources, the MACT floor is the average emission limitation achieved by the best performing 12 percent of the existing sources. Once the MACT floors are determined for new and existing sources in a source category, the EPA must establish standards under a NESHAP that are no less stringent than the applicable MACT floors. The Administrator may promulgate standards that are more stringent than the MACT floor when such standards are determined by the EPA to be achievable taking into consideration the cost of implementing the standards as well as any non-air quality health and environmental impacts and energy requirements listed in CAA section 112(d)(2). All owners and operators of sources within the source category must comply with the promulgated NESHAP. B. Listing of Source Category On the EPA's initial list of HAP emission source categories published in the Federal Register on July 16, 1992 (57 FR 31576), the EPA included one source category which the Agency intended to represent those off-site waste and recovery operations that are not specifically listed as a separate, distinct NESHAP source category such as hazardous waste incineration or municipal solid waste landfills. This source category was titled on the initial list as ``solid waste treatment, storage, and disposal facilities.'' Since the initial source category list was published, the EPA decided that it is appropriate to change the title of this NESHAP source category. Effective by this notice, the EPA is changing the title of the NESHAP source category subject to today's proposed rule to ``off-site waste and recovery operations.'' This change is appropriate for two reasons: (1) To avoid confusion with the terms ``solid waste'' and ``treatment, storage, and disposal facilities'' which have specific meanings within the context of statutory and regulatory requirements in existing rules established by the EPA under authority of the Resource Conservation and Recovery Act (RCRA); and (2) to better distinguish the types of air emission sources addressed by this NESHAP source category from other NESHAP source categories. C. Summary of Public Participation in Development of Proposed Rule The EPA published an advance notice of proposed rulemaking (ANPR) in the Federal Register on December 20, 1993 (58 FR 66336) announcing the EPA's intent to develop a NESHAP for the off-site waste and recovery operations source category. The purpose of the ANPR was to inform owners and operators of affected industries and the general public of the planned scope of the NESHAP rulemaking for the off-site waste and recovery operations source category, and to solicit information that would aid in the development of the rule. To supplement the Agency's information regarding the off-site waste and recovery operations source category, the EPA requested comments from the public on the ANPR. The EPA specifically requested more information on wastes and recoverable materials characteristics (types, quantities, organic composition), waste management practices, and waste and recoverable material operations emission points and air emission data. A 30-day comment period, from December 20, 1993 to January 19, 1994, was provided for interested parties to submit comments on the ANPR. The EPA received written comments from 16 commenters concerning the ANPR. These comments were considered by the EPA in the development of the proposed off-site waste and recovery operations NESHAP. D. Relationship of Proposed Rule to Other EPA Regulatory Actions 1. Clean Air Act a. Other NESHAP Rulemakings. Many industrial sectors that manage wastes or recoverable materials containing HAP are listed as specific NESHAP source categories on the initial EPA source category list (57 FR 31576, July 16, 1992). For example, plants and facilities in the NESHAP source categories representing the synthetic organic chemical manufacturing industry, the petroleum refining industry, the pesticide manufacturing industry, and the pharmaceutical manufacturing industry frequently manage some, if not all, of the wastes and recoverable materials generated by the manufacturing processes operated at the facilities at the same location where the materials are generated (i.e, on-site). For NESHAP source categories in which operations to manage waste or recoverable material may occur at the same facility where the material is generated, the EPA is addressing HAP emissions from the management operations as part of the NESHAP being developed for that particular source category. The NESHAP rule proposed today under 40 CFR 63 subpart DD would apply only to those operations used to manage, convey, or handle waste or recoverable material containing organic HAP which have been generated at other facilities but are not specifically listed as a NESHAP source category. On EPA's initial list of HAP emission source categories, the following operations are listed as separate NESHAP source categories: municipal solid waste (MSW) landfills; publicly- owned treatment works (POTW); sewage sludge incinerators; hazardous waste incineration units; boilers and industrial furnaces; and hazardous waste remediation activities. For these source categories, separate NESHAP under 40 CFR part 63 are being developed by EPA. b. Municipal Solid Waste Combustion Units. Municipal solid waste combustion units would not be subject to the off-site waste and recovery operations NESHAP. Congress directed the EPA to address air emissions from municipal solid waste combustion units under authority of CAA section 129, as amended by the 1990 Clean Air Act Amendments. 2. Resource Conservation and Recovery Act The EPA establishes rules for the management of solid wastes under authority of the Resource Conservation and Recovery Act (RCRA). Under authority of subtitle C of RCRA, the EPA has established rules regulating the management of solid wastes determined to be hazardous waste (refer to 40 CFR Parts 260 through 271). Municipal solid wastes and other types of nonhazardous solid wastes are regulated by rules established under authority of subtitle D of RCRA (e.g., refer to 40 CFR Parts 257 and 258). a. Definition of Waste. For the off-site waste and recovery operations NESHAP, the EPA is proposing definitions of ``waste'' and ``recoverable materials'' that are consistent with the definitions used by the EPA for other air rules promulgated under the CAA (selection of this definition is explained further in section IV.A of this notice). These definitions define the types of materials considered to be a ``waste'' or ``recoverable material'' in a broader context than the definition of ``solid waste'' that the EPA has historically used for RCRA rulemakings. The proposed definition of ``waste'' for the off-site waste and recovery operations NESHAP includes all materials defined to be solid wastes under RCRA rules including hazardous wastes. In addition, materials excluded from the RCRA definition of solid waste such as recovered materials recycled back to a process unit and used oil reprocessed for sale as a fuel are included in the definition of ``recoverable material'' proposed for the off-site waste and recovery operations NESHAP. As a result, certain off-site waste and recovery operations exempted from RCRA rules may be subject to the requirements of the NESHAP rule proposed today. b. Duplicative Requirements. At many facilities where hazardous wastes are managed and wastes are received from off-site, both the off- site waste and recovery operations NESHAP proposed today and existing RCRA air rules under 40 CFR parts 264 and 265 would likely be applicable to the facilities. At these facilities, some operations would be subject to either air emission standards under the off-site waste and recovery operations NESHAP or the air emissions standards under the RCRA air rules. However, in certain situations, some operations would be subject to air emission standards under both sets of rules. The CAA requires that the requirements of rules developed under the Act be consistent, but avoid duplication, with requirements of rules developed under RCRA. Certain testing, monitoring, inspection, recordkeeping, and other requirements of the proposed off-site waste and recovery operations NESHAP also would be required under the RCRA air rules. The EPA believes that each of these requirements is necessary to assure compliance with and enforce the rules. However, it is unnecessary for owners and operators of those facilities subject to both the off-site waste and recovery operations NESHAP and the RCRA air rules to conduct duplicative waste testing, keep duplicate sets of records, or perform other duplicative actions for the same waste or recoverable material operation. Thus, the EPA requests comment on how applicable requirements under the RCRA air rules should be incorporated into the off-site waste and recovery operations NESHAP to allow owners and operators to demonstrate compliance with both rules without having to repeat duplicative requirements. 3. Pollution Prevention Act The Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq., Pub. L. 101-508, November 5, 1990) establishes the national policy of the United States for pollution prevention. This act declares that: (1) pollution should be prevented or reduced whenever feasible; (2) pollution that cannot be prevented or reduced should be recycled or reused in an environmentally-safe manner wherever feasible; (3) pollution that cannot be recycled or reused should be treated; and (4) disposal or release into the atmosphere should be chosen only as a last resort. Opportunities for applying pollution prevention to the off-site waste and recovery operations NESHAP are basically limited to pollution treatment prior to disposal or release into the atmosphere. By definition, the off-site waste and recovery operations source category consists of operations used to manage materials that have already been generated at other locations such as a manufacturing plant. Thus, there are no pollution prevention practices such as modifying the manufacturing process to reduce the quantity of materials containing organic HAP generated or to recycle the materials back to the process which can be implemented once the material arrives at an off-site waste and recovery operations facility. The EPA has incorporated the pollution prevention policy into the proposed rule by requiring wastes and recoverable materials containing organic HAP be treated to remove or destroy organic HAP prior to management in units open to the environment. Thus, to the extent possible, pollution prevention has been considered in the development of this rulemaking. Today's proposed NESHAP for the off-site waste and recovery operations source category is consistent with the pollution prevention policy. III. Source Category Description A. Hazardous Air Pollutant Types The specific chemicals, compounds, or groups of compounds designated by Congress to be HAP are listed in CAA section 112(b). Both organic and inorganic chemical compounds are included on this HAP list. The EPA noted in the ANPR for the off-site waste and recovery operations source category its intent to regulate under this NESHAP only organic compounds which have been listed as HAP (58 FR 66337). The EPA decided not to regulate under the off-site waste and recovery operations NESHAP proposed today emissions of the metals and other inorganic chemical compounds listed as HAP. The primary source of inorganic HAP emissions from off-site waste and recovery operations is combustion units such as waste incinerators and boilers and industrial furnaces burning wastes or recoverable materials for energy. As explained in section II.D.1 of this notice, the EPA is addressing HAP emissions from these combustion sources under separate regulatory actions. Furthermore, the data available to the EPA do not suggest that significant quantities of inorganic HAP are emitted to the air from the off-site waste and recovery operations that would be subject to this NESHAP. Many different types of organic HAP potentially can be emitted from off-site waste and recovery operations facilities because of the wide variety of manufacturing processes and other sources which generate the materials sent to these facilities. Selection of the specific organic HAP chemicals for regulation under the off-site waste and recovery operations NESHAP is explained further in section IV.A of this notice. B. Facility Types Off-site waste and recovery operations are conducted at many different types of facilities. Some of these facility types are listed as a specific NESHAP source category. The off-site waste and recovery operations source category is intended to represent all of the other facilities where off-waste and recovery operations are conducted but are not specifically included under another NESHAP source category. Based on this premise, the EPA identified the following types of facilities described below to be included (but not limited to) in the off-site waste and recovery operations source category. 1. Hazardous Waste TSDF Under the RCRA rules regulating the management of wastes determined to be hazardous waste, the EPA has established a permit system for owners and operators of facilities where operations are conducted to treat, store, or dispose of a RCRA hazardous waste. A facility subject to RCRA permitting requirements is termed a treatment, storage, and disposal facility (TSDF). A RCRA hazardous waste may be generated on the same site where a TSDF is located, or may be generated at one site and then transported to a TSDF at a separate location. Wastes not designated as RCRA hazardous waste are also managed at some TSDF. Although a waste may not specifically designated as a RCRA hazardous waste, this waste can still contain significant quantities of organic constitutes listed as HAP under the CAA. The EPA has conducted nationwide surveys to collect information regarding hazardous waste management practices. Data from the most recent surveys indicate that approximately 2,300 TSDF were operating in the United States in 1986. At 710 of these TSDF, owners and operators reported managing RCRA hazardous wastes that are generated off-site. The EPA survey data indicate that approximately 240 of the 710 TSDF that receive waste from off-site also manage wastes other than RCRA hazardous waste. 2. Industrial Waste Landfill Facilities Many landfill facilities throughout the Unites States are dedicated to the disposal of solid wastes other than those defined as RCRA hazardous wastes. Landfills accepting household wastes are defined under RCRA rules to be municipal solid waste (MSW) landfill units. No MSW landfill units are included in the off-site waste and recovery operations source category because these units are listed as a separate NESHAP source category. However, some other landfills are operated by waste management companies that will accept only industrial nonhazardous wastes (i.e., these landfills do not accept any household waste or RCRA hazardous waste). The EPA estimates that there are approximately 10 industrial landfills currently operating that accept only nonhazardous industrial process wastes. These landfills receive a wide range of wastes that may contain significant amounts of organic HAP. Furthermore, the EPA estimates that nationwide there are approximately an additional 1,800 construction and demolition debris landfills currently in operation that can be included in this segment of the off-site waste and recovery operations source category. However, the EPA does not expect wastes received at construction and demolition debris landfills to contain significant amounts of organic HAP. 3. Industrial Wastewater Treatment Facilities Analogous to landfills, many waste treatment facilities are operated by municipal governments and private companies throughout the United States for the treatment of wastewaters. Wastewater treatment facilities accepting residential and commercial wastewaters are considered to be publicly owned-treatment works (POTW). No POTW are included in the off-site waste and recovery operations source category because POTW are listed as a separate NESHAP source category. In addition to POTW, some privately-owned wastewater treatment facilities process nonhazardous wastewaters received from off-site sources. A nationwide survey was conducted by the EPA of wastewater treatment facilities operating in 1989. Using these survey data, a data base excluding POTW was created. The results of this survey indicate that 15 wastewater treatment facilities were operating nationwide which were neither a POTW nor a hazardous waste TSDF but did process wastewaters received from off-site sources that potentially could generate wastewaters containing organic HAP. 4. Recycled Used Oil Management Facilities Used oils from motor vehicles and other sources potentially can contain organic chemicals, such as benzene, which have been listed as HAP under CAA section 112(b). Although the management of used oils which are recycled is regulated by separate rules promulgated by the EPA under authority of RCRA section 3014, these rules do not address air emissions from used oil management facilities. The EPA gathered information regarding recycled used oil management practices in the United States for the development of the RCRA standards. This information indicates that approximately 2,800 million liters of used oil enters the commercial used oil recycling market each year. Approximately three-fourths of this recycled used oil is sent to facilities categorized by EPA as ``used oil processors.'' Used oil processors typically collect used motor oil and industrial lubricating oils. These oils are processed to remove water and sediments from the oils. The processors then sell the oil as a fuel for burning primarily in boilers, furnaces, and space heaters. There were 182 used oil processing facilities operating in the United States in 1991. The remainder of the recycled used oil is sent to facilities categorized as ``used oil re-refiners.'' At these facilities the used oil is processed into base lube oil stocks and other products. In 1991, there were four used oil re-refining facilities operating in the United States. Several companies have expressed interest in expanding used oil re-refining capacity in the United States. 5. Oil and Gas E&P Waste Management Facilities There are a variety of wastes and recoverable materials generated during oil and gas exploration and production (E&P). The majority of these materials are managed on-site at the production site (i.e., at the location of the well). However, some E&P wastes and recoverable materials generated at the production site that may contain organic HAP are subsequently sent to off-site crude oil reclamation and land treatment facilities. The EPA gathered information regarding E&P waste and recoverable material management practices from EPA conducted site visits and existing industry sponsored surveys. Nationwide, approximately 100,000 Mg/yr of E&P wastes and recoverable materials are sent to off-site crude oil reclamation facilities. These materials consist mostly of tank bottoms from crude oil storage tanks or produced water storage tanks. In addition, approximately 135,000 Mg/yr of E&P waste sludges are managed in off-site land treatment operations. 6. Other Facilities In addition to facilities that are in business to manage wastes or recoverable materials received from other generators, some facilities that provide support services may indirectly receive wastes or recoverable materials which are potential organic HAP emission sources. Two types of such facilities have been identified by the EPA: (1) Facilities where empty drums previously used to hold wastes or recoverable containing organics are cleaned and reconditioned for reuse; and (2) truck terminal facilities at which tank trucks used for chemical waste or recoverable material transport are cleaned and rinsed prior to being used to transport a new load. At both of these types of facilities, organic HAP emissions can occur from the wastewater treatment system operated at the facility to treat the wastes and cleaning solutions drained from drums or truck tanks as a result of the container cleaning operation. Wastewater treatment operations are expected to be the primary source of organic HAP emissions at these types of facilities. The need for and frequency of cleaning a drum and tank truck depends on the type of service in which the container is used. If drums and tank trucks are reused for the same type of product or wastes (i.e., dedicated service), the containers do not need to be cleaned between each use. Only when a drum or tank truck is used for different types of products or wastes (i.e, nondedicated service) is there frequent cleaning of the containers. Of the approximately 45 million drums used annually in the United States, about 5.6 million are estimated to be in nondedicated service. Approximately 20,000 tank trucks of the nationwide total of 91,000 are estimated to be in nondedicated service. C. Nationwide Organic HAP Emissions The EPA estimated organic HAP emissions from typical or average size facilities in each of the off-site waste and recovery operations facility segments described in the previous section of this notice using the best information available to the Agency at the time the estimates were completed. The type, amount, and date of this information varied for each of the different off-site waste and recovery operation facility segments. The estimate results are presented in the BID for this proposed rulemaking. Based on these estimates, the EPA identified the following off-site waste and recovery operations facility segments likely to include some individual facilities that are major sources of HAP emissions as defined under CAA section 112: (1) Hazardous waste TSDF; (2) industrial waste landfills other than construction and demolition debris landfills; (3) industrial wastewater treatment facilities; (4) crude oil reclamation facilities and E&P waste land treatment facilities; and (5) used oil re-refining facilities. The EPA estimates that there are the following numbers of existing off-site waste and recovery operations facilities in the United States: 710 hazardous waste TSDF receiving wastes from off-site; 10 industrial waste landfills receiving nonhazardous industrial waste other than construction and demolition debris from off-site; 15 privately-owned industrial wastewater treatment facilities; 11 crude oil reclamation facilities; 15 E&P waste land treatment facilities; and 4 used oil re- refineries. Many but not all of these facilities would be designated as major sources of HAP emissions as defined under CAA section 112. Insufficient information is available the EPA to project numbers for new off-site waste and recovery operations facilities. The EPA is requesting information from affected industries and other interested parties to improve the Agency's profile of existing and new off-site waste and recovery operations in the United States. The total nationwide organic HAP emissions from the off-site waste and recovery operations source category are estimated by the EPA to be approximately 51,500 megagrams of organic HAP per year (Mg/yr). Approximately 90 percent of these organic HAP emissions (approximately 46,000 Mg/yr) are estimated to occur from the operations at hazardous waste TSDF receiving waste or recoverable materials from off-site. IV. Development of Regulatory Alternatives A. Selection of Source Category and Pollutants for Control Off-site waste and recovery operations were included as a source category on the EPA's initial list of HAP source categories (refer to section II.B of this notice). As previously explained, the EPA intends this source category to address HAP emissions only from those waste and recovery operations that are not included in another separate NESHAP source category or are being addressed by other EPA regulatory actions. Consequently, the following waste and recovery operations that receive materials from other facilities are specifically excluded from the off- site waste and recovery operations source category because these operations have been listed by the EPA as separate NESHAP source categories: hazardous waste incineration, municipal solid waste landfills, publicly-owned treatment works, sewage sludge incinerators, site remediation activities, and industrial boilers and process heaters. Wastes and recoverable materials sent to the facilities selected for regulation under the off-site waste and recovery operations NESHAP are generated by a wide variety of manufacturing and production processes as well as other recycling, reprocessing, or waste management operations. Consequently, many of the organic chemicals or groups of chemicals listed as HAP under CAA section 112(b) may be present in the wastes or recoverable materials sent to off-site waste and recovery operations facilities. It is not appropriate to select all organic HAP listed under CAA section 112(b) for regulation under the off-site waste and recovery operations NESHAP. Some specific organic chemicals that are designated as HAP have no or minimal potential to be emitted to the atmosphere from off-site waste and recovery operations. For other organic HAP chemicals that may be emitted from off-site waste and recovery operations, there are limits to the detectability of some of these chemicals in wastes by the test methods currently available to implement the off-site waste and recovery operations NESHAP because of properties inherent in the sampling and analysis protocol. Consequently, the EPA decided it is appropriate to develop a list of the specific organic HAP chemicals to be regulated by this rulemaking. To select which organic HAP chemicals would be regulated under the off-site waste and recovery operations NESHAP, the EPA evaluated all chemicals or groups of chemicals listed as HAP in CAA section 112(b). Among the factors included in the EPA's evaluation was an assessment of the aqueous and organic volatility characteristics of each HAP chemical, the ability of the analytical test methods to quantitate a HAP chemical, and the aqueous solubility of a HAP chemical. Based on the evaluation, the EPA selected the specific organic HAP chemicals listed in Table 1 to the proposed rule (to obtain a copy of this table in the regulatory text of the proposed rule refer to the beginning of the SUPPLEMENTARY INFORMATION section of this notice). The EPA requests comment on the list of HAP chemicals that the Agency is proposing to be regulated under the off-site waste and recovery operations NESHAP. The list of organic HAP selected for regulation under the off-site waste and recovery operations NESHAP contains many different types of organic chemicals. The EPA decided to develop a single set of regulatory alternatives for the off-site waste and recovery operations source category to control organic HAP emissions as a class as opposed to attempting to develop a series of regulatory alternatives to control emissions of each individual organic HAP chemicals on the list. Consequently, the control technologies considered for the regulatory alternatives are directed towards the control total organic HAP emissions. It is EPA's intent that the NESHAP address waste and recovery operations receiving from other facilities those materials that potentially can emit significant quantities of the organic chemicals on the HAP list for the rule. As explained in section II.D.2.a of this notice, the EPA has developed definitions for different types of wastes to implement the Agency's waste management rules promulgated under authority of RCRA. However, certain wastes and recoverable materials that have been specifically excluded from the definitions of waste adopted for these RCRA rules may still contain organics listed as HAP under CAA section 112(b). Consequently, simply adopting the definitions already used by the EPA for wastes under the RCRA rules could allow certain off-site waste and recovery operations that emit organic HAP to remain unregulated. Therefore, the EPA decided that to fulfill the congressional directives of CAA section 112, it is necessary to define the types of materials to be regulated under this CAA rulemaking in a broader context than the EPA has historically used for the RCRA rules. For the off-site waste and recovery operations source category, the EPA decided to adapt the definition of ``waste'' adopted for the benzene waste operations NESHAP (40 CFR 60 subpart FF). Based on this definition, the EPA created separate terms for ``waste'' and ``recoverable materials'' to be used for the off-site waste and recovery operations NESHAP. For this rulemaking, the EPA is proposing to define ``waste'' as any material generated from industrial, commercial, mining, or agricultural operations or from community activities that is discarded, discharged, or is being accumulated, stored, or physically, chemically, thermally, or biologically treated prior to being discarded or discharged. The EPA is proposing to define ``recoverable material'' for this rulemaking as any material generated from industrial, commercial, mining, or agricultural operations or from community activities that is recycled, reprocessed, reused, or is being accumulated, stored, or physically, chemically, thermally, or biologically treated prior to being recycled, reprocessed, or reused. Based on these definitions, materials affected by this rulemaking include those materials determined to be hazardous wastes under the RCRA rules, solid wastes that are not hazardous wastes under RCRA rules, and secondary materials such as used, surplus, and scrap materials that are either recycled for recovery of reusable materials or reprocessed for sale as new products. B. Subcategorization Subcategorization of a source category is sometimes appropriate for a rulemaking when industrial segments within a source category require application of different types of control techniques. In developing today's proposed rule, the EPA considered subcategorization of the off- site waste and recovery operations source category and decided not to propose subcategories for the off-site waste and recovery operations NESHAP. As described in section III.B of this notice, the EPA identified several different industrial segments to be included in the off-site waste and recovery operations source category. Most of these off-site waste and recovery operations facilities are also hazardous waste TSDF (refer to section III.C of this notice). However, the quantity and type of organic HAP emissions from an off-site waste and recovery operations facility are not dependent upon whether a particular facility is subject to RCRA hazardous waste management rules. As previously described, off-site waste and recovery operations facilities can receive materials that are not hazardous wastes under the RCRA rules but still contain organics listed as HAP under CAA section 112(b). Furthermore, common organic HAP control technologies are applicable to the operations used at all of the off-site waste and recovery operations facility types. There are no significant differences in the organic HAP emissions or the control technologies applicable to controlling these emissions from any of the off-site waste and recovery operations facility types. Thus, based upon these factors, the EPA concluded that designation of separate subcategories for the purpose of developing the off-site waste and recovery operations NESHAP is not warranted. C. Selection of Emission Points For purpose of developing regulatory alternatives which could be effectively compared in developing this rulemaking, the EPA identified the predominate types of emissions points at off-site waste and recovery operations facilities where organic HAP emissions occur. Five emission point type classifications were designated as follows: tanks, containers, land disposal units, process vents, and equipment leaks. 1. Tanks The tank emission point type for the off-site waste and recovery operations source category represents the organic HAP emissions from wastes or recoverable materials containing organic HAP stored or treated in tanks. These tanks include wastewater treatment tanks. 2. Containers The container emission point type for the off-site waste and recovery operations source category represents the organic HAP emissions from wastes or recoverable materials containing organic HAP stored, treated, or otherwise handled in drums, dumpsters, roll-off boxes, trucks, and railcars. 3. Land Disposal Units The land disposal unit emission point type for the off-site waste and recovery operations source category represents the organic HAP emissions from resulting from the disposal of wastes containing organic HAP in surface impoundments, landfills, land treatment units, and waste piles. 4. Process Vents The process vent emission point type for the off-site waste and recovery operations source category represents the organic HAP emissions from process vents on enclosed treatment processes other than processes which burn the waste or recoverable material (e.g., incinerators, boilers, furnaces). Examples of enclosed treatment processes included in this emission point type are distillation units, thin-film evaporators, solvent extraction units, air stripping units, and steam stripping units. 5. Equipment Leaks The equipment leak emission point type for the off-site waste and recovery operations source category represents the organic HAP emissions from gaseous and liquid leaks in ancillary equipment used to operate units managing, conveying, or handling wastes or recoverable materials. This ancillary equipment includes pumps, compressors, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, flanges and other connectors, and product accumulator vessels. D. Definition of Source To develop a NESHAP, the EPA first defines the source category and determines the types of HAP emitted from this source category that are to be controlled by establishing emission standards. Within a source category, the EPA must next decide which of the sources of HAP emissions (i.e., emission points or groupings of emission points) are most appropriate for establishing separate emission standards in the context of the CAA statutory requirements and the industry operating practices for the particular source category. The EPA considered three options for defining ``source'' for the off-site waste and recovery operations NESHAP. The first option is to define the source in a very broad context as the entire facility. This option was rejected by the EPA for the off- site waste and recovery operations NESHAP because it would be very difficult to apply a single facility-wide emission limitation level for MACT to all off-site waste and recovery operations facilities for several reasons. First, the mechanism by which organic HAP are emitted to the atmosphere and the types of air emission controls applicable to reducing these emissions vary widely for the emission point types identified for off-site waste and recovery operations. For example, covers frequently are installed on tanks to control air emissions while work practice programs are used to control air emissions from equipment leaks. Furthermore, not all off-site waste and recovery operations at a particular facility may be subject to this rulemaking. As previously explained, certain types of waste combustion units, landfill units, and other operations are being addressed by separate EPA regulatory actions. Finally, some waste and recovery operations at a particular facility may be dedicated to managing only wastes or recoverable materials generated on-site and, thus, would not be subject to this rulemaking. A second option is to define the source in a more narrow context as the entire operation used to manage a particular waste or recoverable material from the point where the material enters the facility through the point where the material exits the facility or, if it is a waste, disposed on-site. Under this definition, the source would consist of a mix of different types of emission points representing the sequence of units in which the waste or recoverable material is stored, conveyed, treated, and, in some cases, disposed. Under this option, a single emission limitation for MACT would be established for the entire group of emission points comprising the management sequence used to handle the waste or recoverable material. This second option for defining sources under the off-site waste and recovery operations NESHAP was also rejected by the EPA as inappropriate. Unlike manufacturing or production processes that produce a specific product, the operations used to manage a particular type of waste or recoverable material cannot be readily characterized by one or even several standardized process configurations which are used throughout the industrial segment representing the source category. The types, configurations, and sequencing of units used for operations handling a particular type of waste or recoverable material are not consistent, but instead can vary widely from one facility to the next. Therefore, the EPA concluded that this option is not an appropriate approach for defining sources for the off-site waste and recovery operations NESHAP. The final option considered by the EPA is to further narrow the definition of source to the individual emission points identified for the source category (i.e., tanks, containers, land disposal units, process vents, and equipment leaks). Under this option, an overall emission limitation for MACT would be established for each emission point type. The EPA believes that this option is the most appropriate approach for defining sources for the off-site waste and recovery operations NESHAP. This approach defines the source in terms of common types of units used at off-site waste and recovery operations facilities for handling all types of wastes and recoverable materials. Also, this approach to defining sources is consistent with other EPA air rules for waste and recovery operations. Therefore, for the off- site waste and recovery operations NESHAP, the EPA is proposing to define the source to be each of the individual emission point types. E. Determination of MACT Floor The statutory requirements under CAA section 112 for determination of the MACT floor are explained in section II.A of this notice. As explained in section III.C of this notice, the off-site waste and recovery operations source category contains more than 30 existing sources nationwide. Therefore, for the off-site waste and recovery operations NESHAP, the MACT floor for existing sources is defined the average emission limitation achieved by the best performing 12 percent of existing sources. The MACT floor for new sources is defined by the emission control that is achieved in practice by the best controlled similar source. 1. MACT Floor for Existing Sources a. Existing Tanks. The MACT floor for existing tanks at off-site waste and recovery operations facilities is determined to be use of covers on tanks managing wastes or recoverable materials with a VOHAP concentration equal to or greater than 100 ppmw. This floor determination is based on consideration of data for site-specific tank management practices reported at 540 of the 710 hazardous waste TSDF and existing EPA air emission standards for tanks. The EPA's review of its tank data base for the off-site waste and recovery operations source category indicates that most tanks (significantly more than 12 percent) managing waste or recoverable materials containing organic HAP are covered tanks. A small portion of these tanks also are reported to use more effective air emission controls such as venting the tank to a control device or using a floating roof on the tank. However, the higher level of air emission control achieved by this segment of tanks does not represent the average of the top 12 percent of tanks listed in the data base. Thus, the EPA determined that the air emission control technology for the existing tank MACT floor is use of a cover. For other source categories, the EPA has established the need to use a cover or other air emission controls on a tank based on a characteristic parameter of the materials placed in the tank. The EPA believes that using this approach provides an effective and enforceable means for applying air emission controls to those tanks with the potential for organic air emissions and not requiring the unnecessary installation of controls on tanks with no or little potential for organic air emissions. Consequently, to complete the definition of the MACT floor for tanks at off-site waste and recovery operations facilities, an applicability cutoff provision (referred to hereafter in this notice as an ``action level'') is needed to distinguish the tanks at off-site waste and recovery operations facilities that need to use air emission controls. Because of the need to periodically confirm that a material placed in a tank remains below the action level selected to determine applicability, the indicator parameter must be in a format that is relatively simple to determine by an affected facility owner or operator and can be expeditiously checked by EPA or State enforcement personnel. Considering this requirement, the EPA evaluated possible action level formats and decided that an action level format based on the volatile organic HAP concentration of the materials as determined using EPA Method 305 is appropriate for identifying those tanks used for off-site waste and recovery operations that are expected to have little or no potential for organic HAP emissions. The data available to the EPA at this time for the off-site waste and recovery operations source category are insufficient to perform a rigorous statistical analysis for the purpose of establishing the minimum VOHAP concentration value for the wastes or recoverable materials managed in each of the tanks listed in the data base and reported to use air emission controls. From a qualitative perspective, application of tank air emission controls is not needed when the material in the tank has little or no potential for organic HAP emissions. In general, these wastes or recoverable materials can be characterized as materials having low VOHAP concentrations. The EPA considered a range of possible values to establish the VOHAP concentration limit. Based on consideration of available information regarding the potential for organic HAP emissions from off-site waste and recovery operations, the EPA concluded that a VOHAP concentration value of 100 ppmw would best represent the MACT floor for existing tanks required to use air emission controls. Using a VOHAP concentration value of 100 ppmw also allows owners and operators to use several different methods for determining the VOHAP concentration of a waste or recoverable material. This is an important factor considering the diversity of wastes and recoverable materials potentially subject to the off-site waste and recovery operations NESHAP and the potential interferences of the quantitation limits of certain analytical methods by non-HAP organic chemicals in the material. Additionally, selection of 100 ppmw would require most existing tanks managing wastes or recoverable materials having organic HAP emissions to use air emission controls consistent with other EPA regulatory actions related to off-site waste and recovery operations. Many waste and recovery operations facilities subject to this regulation will also be subject to other air emission standards. The EPA is aware that being subject to several standards with differing action levels may create confusion in the regulated community. To the extent possible within the requirements of the Clean Air Act, the EPA wishes to minimize discrepancies between the action level in the off- site waste and recovery operations NESHAP and other emission standards affecting waste and recovery operations. The EPA therefore requests comment on the 100 ppmw VOHAP concentration action level, as well as information that can be used to support alternative action levels, such as 500 ppmw. Specifically, the EPA requests information on action levels for surface impoundments and other land disposal units. b. Existing Containers. The MACT floor for existing containers at off-site waste and recovery operations facilities is determined to be the use of covers on containers managing wastes or recoverable materials with a VOHAP concentration equal to or greater than 100 ppmw. The number and type of containers used to manage organic HAP containing wastes or recoverable materials at off-site waste and recovery operations vary from site-to-site. Furthermore, at any off-site waste and recovery operations facility, the number of drums, roll-off boxes, or other containers at the site can often fluctuate on a weekly or monthly basis depending on the number and origin of new material shipments received at the facility during a particular week or month. Thus, no data are available to the EPA which allow a statistical determination of the type of air emission controls used on the average of the top 12 percent of containers located at off-site waste and recovery operations facilities or the VOHAP concentration of wastes or recoverable materials handled in containers. Based on existing RCRA rules for containers handling hazardous waste and observations by EPA representatives during site visits to facilities that manage wastes in containers, the EPA concluded that the average emission limitation achieved by the best performing 12 percent of containers used to handle wastes and recoverable materials containing organic HAP is the level of control achieved by the use of covers. Thus, the EPA determined that the air emission control technology for existing container MACT floor is the use of a cover. The EPA selected a VOHAP concentration value of 100 ppmw to be the action level for the MACT floor for existing containers consistent with the level selected for existing tanks. Containers such as drums, tank trucks, roll-off boxes, and tank rail cars are a primary means used to ship materials to off-site waste and recovery operations facilities. In many cases, these materials are temporarily stored at the off-site waste and recovery operations facility directly in the shipping containers or are transferred to tanks or other management units prior to treatment and disposal, in the case of wastes, or prior to reprocessing and shipment, in the case of recoverable materials. The most volatile of the organic HAP in a waste or recoverable material will be emitted soon after being exposed to the atmosphere. If containers at the off-site waste and recovery operations facility are not controlled to the same level required of tanks, a significant portion of the organic HAP in the waste or recoverable material will be emitted before the material is transferred to the controlled tanks or other controlled management units. Consequently, the organic HAP emission reduction effectiveness of applying air emission controls on downstream tanks and other management units would be significantly diminished since a significant portion of the organic HAP in the waste or recoverable material had already escaped to the atmosphere from open containers. c. Existing Land Disposal Units. The MACT floor for existing land disposal units at off-site waste and recovery operations facilities is determined to be no disposal of wastes that contain equal to or greater than 100 ppmw VOHAP concentration in open land disposal units. No data are available to the EPA which allow a statistical determination of the type of air emission controls used on the top 12 percent of land disposal units located at off-site waste and recovery operations facilities or the VOHAP concentration of the wastes disposed of in these units. However, since most of the facilities operating land disposal units included in the off-site waste and recovery operations source category are also hazardous waste TSDF, many of the land disposal units are subject to treatment standards under the RCRA land disposal restrictions (LDR) codified in 40 CFR part 268. The LDR treatment standards require hazardous waste TSDF owners and operators to treat certain types of hazardous waste to reduce the toxicity or mobility of specific chemicals contained in the waste before the owner or operator can place the waste in a surface impoundment, land treatment unit, landfill, or wastepile. The treatment standards of the RCRA LDR are established by requiring treatment below constituent specific concentration limits that vary by type of hazardous waste or by requiring use of specific treatment processes. Many of the chemicals for which LDR treatment standards have been established are also listed as HAP. Thus, the EPA determined that the air emission control technology for the existing land disposal unit MACT floor is treatment of wastes to remove or destroy organic HAP in the waste prior to placing the waste in the land disposal unit. Treatment of the waste to reduce the organic HAP concentration to a level of 100 ppmw was selected for the MACT floor for existing land disposal units based on the same reasoning used in determining the MACT floors determined for existing tanks and containers (i.e., to distinguish those units with little or no potential to emit organic HAP). The degree of air emission control achieved by placing a waste with a VOHAP concentration above 100 ppmw in tanks and containers using air emission controls would be lost if these wastes are ultimately allowed to be placed in land disposal units without first removing or destroying the organic HAP to a level consistent with the level used to apply air emission controls to tanks and containers. d. Existing Process Vents. The MACT floor for process vents used on treatment processes subject to the off-site waste and recovery operations NESHAP is determined to be application of air emission controls on each affected process used to treat wastes or recoverable materials with a VOHAP concentration equal to or greater than 100 ppmw as determined at the point where the material enters the facility. All process vents on an affected process are to be connected through a closed-vent system to a control device with a minimum 95 percent organic HAP emission control efficiency. As previously explained, most facilities in the off-site waste and recovery operations source category are also hazardous waste TSDF. Distillation, fractionation, thin-film evaporation, solvent extraction, and stripping processes that are treating hazardous waste at these TSDF are subject to the existing RCRA air emission standards for process vents under 40 CFR 264 subpart AA and 40 CFR 265 subpart AA (hereafter referred to in this notice as the ``subpart AA rules''). The EPA concluded that it is not appropriate to directly transfer the air emission control requirements of the subpart AA rules to the MACT floor for the off-site waste and recovery operations NESHAP. Instead, this MACT floor is based on adapting, to the extent applicable and relevant, the air emission control requirements of the subpart AA rules. The subpart AA rules require a TSDF owner or operator to identify all process vents associated with distillation, fractionation, thin- film evaporation, solvent extraction, and stripping processes that are treating hazardous waste having an annual average total organic concentration equal to or greater than 10 ppmw (i.e., vents affected by the subpart AA rules). Total organic emission rates for each affected vent and for the entire facility from all affected vents must be determined. The total facility process vent emission rate must then be compared to two specified emission rate limits (3 pounds of total organic emission per hour and 3.1 tons of total organic emission per year) to determine whether the owner or operator must use additional air emission controls for the affected vents. If the total facility process vent emission rate exceeds either of the specified emission limits, then the owner or operator is required to implement control measures that will reduce total facility process vent organic emissions to below both of the emission limit levels, or to install air emission controls to reduce total facility process vent organic emissions by at least 95 weight percent. Adopting a 10 ppmw action level for the process vent MACT floor corresponding to the 10 ppmw total organic concentration value used for subpart AA rules was considered by the EPA but determined not to be appropriate. The 10 ppmw value used for the subpart AA rule is not the sole regulatory criterion (i.e., action level) by which the need to apply air emission controls to affected vents is determined. The need to apply controls under the subpart AA rules is determined by the total organic emission rates for each affected vent and for the entire facility from all affected vents. The data available to the EPA at this time for the off-site waste and recovery operations source category are insufficient to correlate a VOHAP concentration action level value equivalent to the total organic emission rate limits used for the subpart AA rules. Consequently, the EPA relied on a qualitative assessment to select a VOHAP concentration action level which would exclude those treatment processes having little or no potential for organic HAP emissions. A VOHAP concentration action level of 100 ppmw was selected for the MACT floor for existing process vents consistent with the rationale used to select the action level for tanks, containers, and land disposal units. e. Existing Equipment Leaks. The MACT floor for equipment leaks is determined to be control of emissions from leaks in ancillary equipment containing or contacting wastes or recoverable materials with total organic HAP concentrations equal to or greater than 10 percent by implementing leak detection and repair (LDAR) work practices and equipment modifications. Most off-site waste and recovery operations facilities are also hazardous waste TSDF. Thus, ancillary equipment operated at these facilities to treat hazardous waste are subject to the existing RCRA organic air emission standards for TSDF equipment leaks (40 CFR 264 subpart BB and 40 CFR 265 subpart BB). These standards require implementation of a LDAR program and modifications to certain types of ancillary equipment operated at the facility that handle hazardous waste having a total organic concentration equal to or greater than 10 percent. The LDAR and equipment requirements are consistent with existing NSPS process equipment leak standards promulgated by the EPA under CAA section 111 (i.e., 40 CFR 60 subparts VV, GG, and KK) and for certain NESHAP process equipment leak standards promulgated under CAA section 112 (i.e., 40 CFR 61 subpart V). 2. MACT Floor for New Sources The MACT floor for new sources is identical to the MACT floors determined by the EPA for existing sources with the exception of the MACT floor for new tanks and new containers. For the emission point types other than tanks or containers, the MACT floor determined for existing sources also represents the emission control that is achieved in practice by the best controlled similar source. a. New Tanks. The MACT floor for new tanks is determined to be use of a cover vented to a control device that reduces organic HAP emissions by 95 percent (or equivalent floating roof technology) for those new tanks in which the organic HAP vapor pressure of the waste in the tank is equal to or greater than 0.1 kPa (approximately 0.07 psi). This is the level of emission control that is required for new tanks under the Hazardous Organic NESHAP (40 CFR 63 subpart G). The EPA concluded that these types of emission controls represent the emission control level achieved in practice by the best controlled sources similar to the types of new tanks anticipated by the EPA to be built at off-site waste and recovery operations facilities and used for management of wastes or recoverable materials containing organic HAP. b. New Containers. The MACT floor for new containers is determined to be the use of covers and submerged loading for containers in which waste or recoverable material is placed having a VOHAP concentration equal to or greater than 100 ppmw. The EPA's review of its container data base for the off-site waste and recovery operations source category indicates that some existing TSDF owners and operators (but significantly less than 12 percent) reported using submerged fill to load material containing organic HAP into containers. F. Selection of Regulatory Alternatives 1. Regulatory Alternatives for Existing Sources Different regulatory alternatives for control of organic HAP emissions from existing sources at off-site waste and recovery operations facilities were defined. One regulatory alternative was defined by combining the MACT floor determinations for each of the five emission point types (labeled ``Regulatory Alternative 1''). Four additional regulatory alternatives for the off-site waste and recovery operations source category were defined which would provide increasingly greater amounts of total organic HAP emission reduction from the baseline level of organic HAP emissions (labeled ``Regulatory Alternative 2'' through ``Regulatory Alternative 5''). Additional organic HAP emission control requirements were added to the controls defined for Regulatory Alternative 1 in order of increasing emission control incremental cost effectiveness. Regulatory Alternative 1 requires application of air emission controls on tanks, containers, and treatment processes managing waste or recoverable material with a VOHAP concentration equal to or greater than 100 ppmw as determined at the point of where the material first enters the facility. For tank and container emission points, Regulatory Alternative 1 requires use of a cover on each unit. For process vent emission points, Regulatory Alternative 1 requires connecting the process vent to a control device that reduces organic HAP emissions by 95 percent. For land disposal unit emission points, Regulatory Alternative 1 requires treatment of the wastes prior to disposal to reduce the waste VOHAP concentration to less than 100 ppmw. For equipment leak emission points, Regulatory Alternative 1 requires for equipment handling waste or recoverable material streams with a total organic HAP concentration equal to or greater than 10 percent implementation of a leak detection and repair (LDAR) program and certain equipment modifications. The requirements of the LDAR program and equipment modifications are consistent with the existing NSPS process equipment leak standards promulgated by the EPA under CAA section 111 (i.e., 40 CFR 60 subparts VV, GG, and KK) and for certain NESHAP process equipment leak standards promulgated under CAA section 112 (i.e., 40 CFR 61 subpart V). Regulatory Alternative 2 adds additional control requirements for containers. The control requirements for the other emission points remain the same as for Regulatory Alternative 1. In addition to using covers on containers, Regulatory Alternative 2 requires use of submerged fill when wastes or recoverable materials are transferred into containers by pumping. Regulatory Alternative 3 adds additional control requirements for tanks. The control requirements for the other emission points remain the same as for Regulatory Alternative 2. Tanks in which the organic HAP vapor pressure of the waste or recoverable material in the tank is equal to or greater than 5.2 kPa (approximately 0.75 psi) are required to use a cover and be vented to a control device that reduces organic HAP emissions by 95 percent. Tanks in which the organic HAP vapor pressure of the waste or recoverable material in the tank is less than 5.2 kPa use a cover without additional controls (i.e., a cover only without being vented to a control device). Regulatory Alternative 4 changes the LDAR program requirements for the equipment leak emission point category. The control requirements for the other emission points remain the same as for Regulatory Alternative 3. For Regulatory Alternative 4, the LDAR program would be conducted in accordance with procedures consistent with the Hazardous Organic NESHAP (HON) promulgated by the EPA under 40 CFR 63 subpart H. Regulatory Alternative 5 lowers the organic HAP vapor pressure level for tanks required to be vented to a control device. The control requirements for the other emission points remain the same as for Regulatory Alterative 4. Tanks in which the organic HAP vapor pressure of the waste or recoverable material in the tank is equal to or greater than 0.7 kPa (approximately 0.1 psi) use a cover and are vented to a control device that reduces organic HAP emissions by 95 percent. Tanks in which the organic HAP vapor pressure of the waste or recoverable material in the tank is less than 0.7 kPa use a cover without additional controls. 2. Regulatory Alternatives for New Sources Based on current waste management trends, the EPA expects very few, if any, new off-site waste and recovery operations facilities to be built in the foreseeable future. A more likely scenario is construction of new units (such as tanks or treatment units) at existing off-site waste and recovery operations facilities to expand facility capacity, replace existing surface impoundments, or add new treatment capability or expand treatment capacity. However, the available information to the EPA is insufficient to make projections of the numbers or types of new sources to be built during the next 5 years. A regulatory alternative representing the MACT floor for new sources at off-site waste and recovery operations facilities was defined by combining the MACT floor determinations for new sources. No regulatory alternatives beyond the MACT floor were identified for new sources. The regulatory alternative for new sources requires application of air emission controls on tanks, containers, and treatment processes managing waste or recoverable material with a VOHAP concentration equal to or greater than 100 ppmw as determined at the point where the material first enters the facility. For tank emission points, tanks in which the organic HAP vapor pressure of the waste or recoverable material in the tank is equal to or greater than 0.7 kPa are required to use a cover and be vented to a control device that reduces organic HAP emissions by 95 percent (or equivalent floating roof technology). Tanks in which the organic HAP vapor pressure of the waste or recoverable material in the tank is less than 0.7 kPa use a cover without additional controls (i.e., a cover only without being vented to a control device). For container emission points, the regulatory alternative requires use of a cover on each unit and use of submerged fill when wastes or recoverable materials are transferred into containers by pumping. For process vent emission points, the regulatory alternative requires connecting the process vent to a control device that reduces organic HAP emissions by 95 percent. For land disposal unit emission points, the regulatory alternative requires treatment of the wastes prior to disposal to reduce the waste VOHAP concentration to less than 100 ppmw. For equipment leak emission points, the regulatory alternative requires a implementation of a LDAR program and certain equipment modifications specified under the existing for ancillary equipment handling waste or recoverable material streams with a total organic HAP concentration equal to or greater than 10 percent. The equipment leak requirements are consistent with the existing NSPS process equipment leak standards. G. Regulatory Alternative Impacts The EPA developed estimates of the impacts associated with each of the regulatory alternatives for existing sources. As explained in the preceding section, no impacts were estimated for the regulatory alternatives for new sources because of difficulty in projecting the numbers and types of new sources likely to be built over the next 5 years. 1. Overview of Impacts Estimation Methodology In developing NESHAP and other air standards, the EPA frequently uses a model plant approach for comparing alternative control options. However, for the off-site waste and recovery operations source category, it is difficult to adequately characterize the source category using a selection of several representative model plants because, for many of the facilities in the source category, the quantities and characteristics of wastes and recoverable materials received at the facility are highly variable and can change often (as frequently as on a day-to-day basis). In addition, many different waste management unit and recoverable material reprocessing unit configurations are used at off-site waste and recovery operations facilities to manage these ever changing materials. Consequently, the EPA decided a model plant approach is not appropriate for estimating control option impacts for the off-site waste and recovery operations source category. Instead of using a model plant approach for the off-site waste and recovery operations source category, the EPA decided to adapt a computer model developed by the Agency to estimate nationwide organic air emission impacts from RCRA hazardous waste treatment, storage, and disposal facilities (TSDF). As explained in section III of this notice, the EPA estimates that approximately 90 percent of the nationwide organic HAP emissions for the off-site waste and recovery operations source category occur from hazardous waste TSDF. Consequently, the EPA considers adapting this computer model to be appropriate for evaluating alternative control options for the off-site waste and recovery operations source category. The primary sources of site-specific waste data used as input to the computer model are two comprehensive nationwide surveys that the EPA Office of Solid Waste (OSW) conducted in 1987: the National Survey of Hazardous Waste Generators (referred to hereafter as the ``GENSUR''); and the National Survey of Hazardous Waste Treatment, Storage, Disposal, and Recycling Facilities (referred to hereafter as the ``TSDR Survey''). These data represent waste quantities, waste compositions, and waste management practices at hazardous waste TSDF in 1986, and are the most recent nationwide TSDF waste data available to the EPA on a consistent, industry-wide basis. The data base indicates that 710 TSDF received wastes and recoverable materials from off-site waste generators in 1986. The EPA adapted its computer model to simulate the waste management processes reported in the TSDR Survey to be operating at each of these TSDF. Organic HAP emission factors and emission control cost factors are assigned to each waste management process using one (or in many cases a combination of several) of the model units developed for the TSDF RCRA air rule projects. Further details regarding the emission estimation methodology are provided in the BID for this proposed rulemaking. The EPA is aware that some waste management practices have changed since the data were collected for the GENSUR and TSDR Survey because of new EPA regulations promulgated since 1986 (e.g., the RCRA land disposal restrictions) as well as changes implemented by the waste management industry. To address these changes in the definition of the baseline used for this rulemaking, assumptions were applied in the computer model to better reflect current industry-wide waste management trends (e.g., conversion of surface impoundments to tanks, treatment of certain wastes prior to or as an alternative to land disposal). Additional assumptions were made to simulate the implementation of the different regulatory alternatives in the computer model. These assumptions are described in further detail in the BID for this proposed rulemaking. 2. Regulatory Baseline For the purpose of evaluating the relative organic emission reduction effectiveness of different regulatory alternatives, the EPA defines a ``baseline'' as a reference point from which each regulatory alternative can be compared. The baseline represents the estimated level of organic emissions from the source category that would occur in the absence of implementing any of the regulatory alternatives. For the off-site waste and recovery operations source category, the EPA chose a baseline which would reflect the level of organic emissions for each emission point type following implementation of air emission controls required by federally enforceable air regulations in effective as of July 1991. The EPA defined the baseline to consist of the following regulations: (1) RCRA organic air emission standards for TSDF process vents (40 CFR 264 subpart AA and 40 CFR 265 subpart AA); (2) RCRA organic air emission standards for TSDF equipment leaks (40 CFR 264 subpart BB and 40 CFR 265 subpart BB); (3) RCRA land disposal restrictions (40 CFR part 268); and (4) NESHAP for benzene waste operations (40 CFR 61 subpart FF). 3. Organic Emissions Impacts The EPA estimated organic HAP emission reductions that would be achieved if air rules based on each of the five regulatory alternatives were implemented. Baseline organic HAP emissions are estimated to be approximately 52,000 Mg/yr. The organic HAP emissions assuming implementation of the individual regulatory alternatives are estimated to be approximately: 28,000 Mg/yr for Regulatory Alternative 1, 23,000 Mg/yr for Regulatory Alternative 2, 9,000 Mg/yr for Regulatory Alternative 3, 9,000 Mg/yr for Regulatory Alternative 4, and 8,000 Mg/ yr for Regulatory Alternative 5. 4. Other Environmental and Energy Impacts The primary source of other environmental and energy impacts is expected to result from the operation of control devices used to remove or destroy organics in captured vapor streams. Electric motor-driven fans, blowers, or pumps, depending on the type of control device, are used for operations such as moving the captured organic vapors to the control device, circulating cooling water through a condenser, or pumping recovered liquids to an accumulation tank. Generation of the electricity to operate the control device often requires burning of fuel in an electric utility power plant which produces air emissions, wastewater discharges, and solid wastes. When carbon adsorption systems are used, the organic HAP removed from the vapor stream are adsorbed on the activated carbon in the control device. Once the carbon becomes saturated with organics, it must be regenerated or disposed of in a landfill. Regeneration of the carbon requires steam. Producing this steam in a boiler creates both secondary air and energy impacts. Disposal of the spent carbon produces a solid waste impact. 5. Control Cost Impacts Total capital investment (TCI) cost represents the cost to facility owners and operators to purchase and install air emission control equipment. The TCI costs in 1991 dollars to implement each of the regulatory alternatives is estimated to be approximately: $11 million for Regulatory Alternative 1, $14 million for Regulatory Alternative 2, $49 million for Regulatory Alternative 3, $57 million for Regulatory Alternative 4, and $78 million for Regulatory Alternative 5. Total annual cost represents the total cost to facility owners and operators each year to: Operate and maintain the air emission controls required by the proposed rule; perform the inspection, monitoring, recordkeeping, and reporting required by the proposed rule; and repay the capital investment for the air emission controls. The capital recovery was estimated using an interest rate of 7 percent applied over a period ranging from 10 to 20 years depending on the expected service life for each type of air emission control equipment. The total annual cost to implement each of the regulatory alternatives is estimated to be approximately: $4.7 million per year for Regulatory Alternative 1, $5.2 million per year for Regulatory Alternative 2, $24.5 million per year for Regulatory Alternative 3, $26.1 million per year for Regulatory Alternative 4, and $36.3 million per year for Regulatory Alternative 5. 6. Economic Impact Analysis The EPA performed an economic impact analysis using a model that simulates 60 separate waste disposal markets and then estimates facility and market responses to the costs of implementing the requirements of the proposed rule. All dollar amounts for prices and costs were adjusted to reflect 1991 dollars. The EPA made no projections of new off-site waste and recovery operations that would be affected by the proposed rule. Complying with the proposed rule will increase the costs of providing services at off-site waste and recovery operations facilities. The magnitude of the cost increases would vary from facility to facility depending on factors such as the types of wastes or recoverable materials received, the types of waste or recovery operations performed, the number and types of emission points for each of these operations, and the level of emission control already in place at the facility. Cost increases would lead to some price increases, and possibly reduced profits for some firms in the business. The proposed rule is likely to affect prices charged in almost all of the 60 markets studied, although many markets are likely to experience very small changes or none at all. The most severely affected market (in percentage terms) may experience a price increase in excess of 70 percent. The greatest absolute increase in price would be an increase of $500 per Mg of waste, which would be a 30 percent increase. The greatest decrease in quantity would be 375 Mg of waste. Overall, the quantity of off-site waste managed at the 700-plus facilities in the data base used for the economic impact analysis would decrease by slightly over 1,600 Mg, or about 0.009 percent of the estimated 19 million Mg of waste managed. The EPA's analysis assumed that owners of affected facilities would respond to this rule by either installing and operating the required air emission control equipment, discontinuing specific individual waste or recovery operations affected by the rule, or closing the entire facility. The EPA projects that although 100 individual waste and recovery operations located at a number of facilities could shut down as a result of this proposed rule, only about 10 entire facilities would close. A number of decisions made by the EPA regarding the off-site waste and recovery operations NESHAP rulemaking since the completion of the economic impact analysis change the costs to comply with the rule for some individual waste or recovery operations at a particular facility from the costs used for the economic impact analysis. The compliance costs for some of these individual operations would increase while for other individual operations the costs would decrease depending on site- specific factors. However on a facility-wide basis, the EPA expects that the total cost to comply with the requirements of the proposed rule for most of individual off-site waste and recovery operations facilities listed in the data base to be about the same as the total individual facility compliance costs used for the economic impact analysis described above. Thus, the EPA believes that the results of this analysis are representative of the overall economic impacts of the proposed rule. V. Selection of Basis for Proposed Rule A. Selection of Regulatory Alternative for Existing Sources To select one of the five regulatory alternatives to serve as the basis for the proposed standards for existing sources, the EPA evaluated the organic HAP emission reductions, control costs, economic impacts, and other environmental and energy impacts associated with implementing the air emission controls under each regulatory alternative. Based on this evaluation, the EPA selected Regulatory Alternative 3 as the basis for the standards proposed for existing sources. Regulatory Alternative 1, the MACT floor, is estimated to reduce nationwide organic HAP emissions by approximately 24,000 Mg/yr. Regulatory Alternative 2 is estimated to reduce nationwide organic HAP emissions by approximately 29,000 Mg/yr. Substantially higher organic HAP emission reductions beyond those estimated for Regulatory Alternatives 1 and 2 are estimated to be achieved by either Regulatory Alternative 3, 4, or 5. All three of these regulatory alternatives are estimated to achieve similar levels of organic HAP emission reduction from the regulatory baseline. Nationwide organic HAP emission reductions are estimated to be 43,000 Mg/yr for Regulatory Alternative 3, 43,000 Mg/yr for Regulatory Alternative 4, and 44,000 Mg/yr for Regulatory Alternative 5. The highest level of nationwide organic HAP emission reduction would be achieved by selecting either Regulatory Alternative 3, 4, or 5 as the basis for the standards for existing sources. The estimated control cost estimates for Regulatory Alternatives 4 and 5 are higher than the estimated costs for Regulatory Alternative 3. Because Regulatory Alternative 3 would provide essentially the same level of nationwide organic HAP emission reduction for a lower cost, Regulatory Alternatives 4 and 5 were eliminated from further consideration as the basis for the proposed standards. The EPA may set standards that are more stringent than the MACT floor if such standards are achievable considering the cost, environmental, and other impacts listed in CAA section 112(d)(2). Based on the information available to the EPA at this time, the only difference in these cost, environmental, and other impacts that the EPA can distinguish between Regulatory Alternatives 1, 2, and 3 is related to the estimated nationwide costs of controls required by each of these regulatory alternatives. The total nationwide annual cost estimated to implement controls under either Regulatory Alternative 1 or 2 is approximately the same ($4.7 million per year for Regulatory Alternative 1 versus $5.2 million per year for Regulatory Alternative 2). The total nationwide annual cost estimated to implement controls under Regulatory Alternative 3 is significantly higher ($24.5 million per year). However, given the additional 19,000 Mg/yr of nationwide organic HAP emission reduction that is estimated to be achieved over Regulatory Alternative 1 and the additional 14,000 Mg/yr of nationwide organic HAP emission reduction that is estimated to be achieved over Regulatory Alternative 2, the EPA concluded that the additional cost of implementing controls under Regulatory Alternative 3 is reasonable and justifiable. Thus, the EPA selected Regulatory Alternative 3 as the basis for the proposed standards for existing sources. B. Selection of Regulatory Alternative for New Sources No regulatory alternatives beyond the MACT floor were identified for new sources. Thus, the MACT floor for new sources is the basis for the control requirements proposed for new sources. C. Selection of Format for Proposed Rule Section 112 of the CAA requires that emission standards for control of HAP be established unless it is the Administrator's judgement that emission standards cannot be established or enforced for a particular type of source. Formats for emission standards include percent reduction, concentration limits, or a mass emission limit. Section 112(h)(2) identifies two conditions under which it is not feasible to establish an emission standard: (1) If the pollutants cannot be emitted through a conveyance designed and constructed to emit or capture the pollutant; or (2) if the application of measurement technology to a particular class of sources is not practicable because of technology and economic limitations. In these cases, the EPA may instead establish design, equipment, work practice, or operational standards, or a combination thereof. The NESHAP proposed today for the off-site waste and recovery operations source category are a combination of emission standards and equipment, design, work practice, and operational standards. Whenever feasible, emission standards have been proposed. However, in some cases, emission limitations would not adequately ensure that the maximum emission reductions required by the standards are achieved. In those cases, a combination of equipment, design, work practice, and operational standards have been determined by the EPA to be equivalent to the emission standards proposed today. D. Selection of Test Procedures and Compliance Procedures Under the proposed rule, determination of the VOHAP concentration would not be required for materials placed in units that use air emission controls in accordance with the requirements of the rule. To determine whether a particular waste or recoverable material may be placed in a unit subject to the rule but not using the required air emission controls, the owner or operator would be required to conduct initial and periodic determinations of the material VOHAP concentration. The proposed rule would allow the owner or operator to directly measure the VOHAP concentration by analyzing samples of the material or to use knowledge of the waste or recoverable material. E. Selection of Monitoring and Inspection Requirements 1. Air Emission Control Equipment Control devices used to comply with the proposed percent reduction or concentration limit need to be properly operated and maintained if the standards are to be achieved on a long term basis. Continuous monitoring of the control device operation provides a means to help ensure that the control device remains in compliance with the applicable emission standard. The EPA considered two monitoring options for this NESHAP; (1) the use of continuous emissions monitoring (CEM) systems; and (2) the use of monitors that measure operating parameters which can be directly related to the emission control performance of a particular control device. The organic HAP emissions from off-site waste and recovery operations which would be vented to control devices under this NESHAP typically are not composed of a single or a few specific organic HAP chemicals. Rather, these emissions are more likely to be composed of a mixture of many different organic HAP chemicals because of the varying compositions of the wastes or recoverable materials received at off- site waste and recovery operations facilities. As a general rule, CEM systems that uses gas chromatography to measure individual gaseous organic HAP compound chemicals are not practical for applications where the number of organic HAP chemicals to be monitored exceeds five (see proposed PS 101 and 102, Appendix A of 40 CFR part 64, October 22, 1993 at 58 FR 54648). Therefore for many off-site waste and recovery operations applications, a CEM system is not currently commercially available which can measure total organic HAP for the specific set of organic HAP chemicals selected for regulation under the off-site waste and recovery operations NESHAP. A possible alternative would be to use a CEM system to measure total VOC or total hydrocarbons (THC) as surrogate for total organic HAP. However, the EPA concluded that requiring monitoring based on this alternative is not appropriate for this rulemaking. Current CEM systems that measure VOC emissions operate by flame ionization detection (FID), photoionization detection (PID), non-dispersive infrared (NDIR) absorption, or other detection principles that respond to VOC levels. These CEM systems provide a measure of the relative concentration level of a mixture of organic chemicals, rather than a quantification of the organic species present (i.e., the total VOC measurement device will have a different instrument response for different organic chemicals). While CEM systems would provide an adequate measure of compliance, monitoring control device operating parameters (as described below) is common practice and provides at least an equivalent measure of control device performance. Based on the reasons explained above, the EPA rejected requiring the use of CEM systems for the off-site waste and recovery operations NESHAP. Instead, the EPA selected monitoring of control device operating parameters indicative of air emission control performance as the most appropriate approach to monitoring for the off-site waste and recovery operations NESHAP source category. However, the proposed rule would not preclude owners or operators choosing to use a CEM system to comply with the rule's monitoring requirements for those cases where it is possible to do so. The proposed off-site waste and recovery operations NESHAP specifies the types of parameters that can be monitored for common types of control devices. These parameters were selected because they are good indicators of control device performance and instrumentation is available at a reasonable cost to monitor these parameters continuously. The proposed rule also would provide provisions under which an owner or operator could be approved, on a case-by-case basis, to monitor parameters not specifically listed in the rule. Under the proposed rule, each individual owner or operator would establish on a site-specific basis minimum or maximum operating parameter values, as appropriate for the type of parameter monitored, that the control device must not exceed to remain in compliance with the emission standards. These site-specific operating parameter values could be established through either performance tests, control device design analysis, or manufacturer's recommendations. The established operating parameter values for each control device would be incorporated in the operating permit issued for a facility (or, in the absence of an operating permit, the established levels would be directly enforceable) and would be used to determine a facility's compliance status. Excursions outside the established operating parameter values would be considered violations of the applicable emission standard except when the excursion is caused by a startup, shutdown, or malfunction that meets the criteria specified in the Part 63 general provisions (40 CFR 63 subpart A). The proposed NESHAP does not require monitoring of any of the following boilers or process heaters when used as a control device to comply with the requirements of the rule: (1) Boilers and process heaters with a heat capacity equal to or greater than 44 megawatts (approximately 150 million Btu/hr); (2) boilers or process heaters with a heat capacity less than 44 MW that introduces the vent stream as a primary fuel or mixes it with the primary fuel; or (3) boilers or process heaters with a heat capacity less than 44 MW that introduces the vent stream through the same burner. The EPA concluded that the specific range of temperatures and residence times for these types of combustion units which facility operators must continuously maintain to meet their facility process heat or steam demands will ensure compliance with the control device standards without the need for monitoring. Continuous monitoring is not feasible for those emission points required to comply with certain equipment standards and work practice standards (e.g., tanks equipped with only covers, pumps and valves subject to LDAR programs). In such cases, failure to install and maintain the required equipment or properly implement the LDAR program would constitute a violation of the applicable equipment or work practice standard. The EPA request comments on the proposed approach for determination of control device compliance based on continuous operating parameter monitoring. 2. Treatment Processes Under the proposed off-site waste and recovery operations NESHAP, wastes or recoverable materials having VOHAP concentrations of 100 ppmw or more must be treated to remove or destroy organic HAP in accordance with standards specified in the rule before the material can be placed in certain management units. Like the control devices used for organic HAP emission control, the treatment processes used to comply with these standards (i.e., minimum percent HAP reduction, VOHAP concentration limits, required HAP mass removal levels) need to be properly operated and maintained if the standards are to be achieved on a long-term basis. Therefore, the EPA is proposing to require monitoring of operating parameters for the treatment processes used to comply with the rule requirements. Analogous to the monitoring approach that the EPA is proposing for control devices, the EPA would prefer that each owner or operator establish on a site-specific basis minimum or maximum operating parameter values, as appropriate, for the treatment process that the owner or operator must not exceed to remain in compliance with the standards. To implement this approach for treatment processes, monitoring methods are needed that will be sufficiently representative, accurate, precise, reliable, frequent, and timely to determine whether a deviation occurs and therefore to certify whether compliance is continuous or intermittent. The EPA has identified for some types of treatment process, such as steam stripping, operating parameters that can be continuously monitored and recorded which directly relate to the treatment process performance. The EPA requests comments on establishing monitoring requirements for treatment processes that can be used to determine compliance with the proposed standards based on continuous operating parameter monitoring. The EPA further requests comment on establishing an option within the regulation for specific default values for treatment process operating parameters, in the event that owners or operators would rather not establish their own minimum or maximum operating parameter values. F. Selection of Recordkeeping and Reporting Requirements Under CAA section 114(a), the EPA may require any owner or operator of a source subject to a NESHAP to establish and maintain records as well as prepare and submit notifications and reports to the EPA. General recordkeeping and reporting requirements for all NESHAP are specified in the Part 63 general provisions (40 CFR 63.9 and 40 CFR 63.10). All recordkeeping and reporting requirements were selected for the off-site waste and recovery operations NESHAP to be consistent with these Part 63 general provisions requirements. G. Emissions Averaging Emissions averaging is an approach used by the EPA for certain other NESHAP rulemakings when the average level of emissions from individual facilities in the source category remains relatively predictable over extended periods of time. Application of this approach allows a facility owner or operator to obtain emission credits by reducing emissions from specific emission points at the facility to a level less than that required by the rule. These emission credits can then be used to offset emission debits created at those emission points at the facility that are not controlled to the level required by the rule. Under the EPA's emissions averaging policy, a facility owner or operator must demonstrate that the overall emissions average determined for the facility will not result in greater risk or hazard to human health or the environment than would occur by complying with the rule requirements at each individual emission point. During the development of the proposed rule for the off-site waste and recovery operations source category, the EPA considered including an emissions averaging approach. However, the statutory requirements of the CAA do not allow emissions averaging between different sources. As explained in section II.D of this notice, the EPA is proposing the source for the off-site waste and recovery operations NESHAP to be each emission point type (e.g., each tank, container). Thus, using a facility-wide emissions averaging approach (i.e., establishing a single average organic HAP emission level for the entire facility) is not appropriate for the off-site waste and recovery operations NESHAP. Furthermore, independent of the definition of source that the EPA selects for this rulemaking, the nature of day-to-day operations at off-site waste and recovery operations facilities complicates and discourages the application of an emissions averaging approach to this NESHAP. At an off-site waste and recovery operations facility, wastes or recoverable materials are often received from many different generators. The quantities of materials received from these generators can vary from very small amounts (e.g., a single 55-gallon drum of a particular waste or recoverable material) to very large amounts (e.g., multiple truck or railcar loads of a single material type). Consequently, the quantities of waste or recoverable material received as well as the compositions and concentrations of organic HAP in these materials are constantly changing over short periods of time (i.e., daily, weekly). On a given day an off-site waste and recovery operations facility can receive wastes or recoverable materials from one group of generators and the next day the facility can receive new wastes or recoverable materials from a completely different group of generators. Because of this operating mode, it is difficult to predict the quantities and organic HAP characteristics of the waste or recoverable materials that will be received at an off-site waste and recovery operations facility over a future period of time. Thus, operating the off-site waste and recovery operations facility so not to exceed a specific overall average organic HAP emissions level would require the owner or operator to rigorously monitor and regulate the flow of wastes and recoverable materials into the facility throughout the entire averaging period used to determine the specified average emissions limit. This would require sampling each load of incoming material, updating the emissions averaging calculations, and possibly restricting quantities of waste or recoverable material with certain organic HAP compositions that enter the facility during the remainder of the averaging period to ensure the facility does not exceed the specific average organic HAP emissions limit. The EPA believes this would be a complex and resource intensive task for off-site waste and recovery operations facility owners and operators to implement and for regulatory agency personnel to monitor and enforce. The EPA decided not to allow emissions averaging in the proposed rule for the off-site waste and recovery operations source category because such an approach is not appropriate for this source category. The EPA requests comments on the feasibility of applying emissions averaging to the off-site waste and recovery operations source category and requests information and data that would be necessary to support development and implementation of an emissions averaging approach. VI. Rule Implementation A. Effective Date for Compliance In accordance with CAA section 112(i)(3), owners and operators of existing sources would be required to comply with the requirements of this NESHAP within 3 years after promulgation of the rule unless a compliance extension is granted to a particular source. Owners and operators of sources that begin operation on or after October 13, 1994 would be required to comply with all provisions of the NESHAP upon startup. B. Modifications and Reconstruction Owners and operators of newly constructed or reconstructed off-site waste and recovery operations must comply with the requirements specified in the Part 63 general provisions (40 CFR 63.5). For modified sources, the EPA has proposed guidance under the authority of CAA section 112(g) (refer to 59 FR 15504, April 1, 1994). The EPA anticipates that the final promulgated guidance will apply to off-site waste and recovery operations. C. Relationship to Title V Operating Permit Program Under title V of the CAA, the EPA has established a program the requires all owners and operators of HAP-emitting sources to obtain an operating permit (57 FR 32251, July 21, 1992). The EPA's operating permit program establishes a single document that includes all of the requirements which pertain to a single source. Each permit will contain federally enforceable conditions with which the source owner and operator must comply. Under this program, all applicable requirements of the off-site waste and recovery operations NESHAP would ultimately be included in a source's title V operating permit. State operating permit programs must be approved by the EPA. Once a State's permit program has been approved, each off-site waste and recovery operations facility within that State must apply for and obtain an operating permit. If the State where the facility is located does not have an approved permitting program, the owner or operator of a facility must submit the application to the EPA Regional office in accordance with the requirements of the Part 63 general provisions (40 CFR 63 subpart A). VII. Administrative Requirements A. Public Hearing A public hearing will be held, if requested, to discuss the proposed rule in accordance with CAA section 307(d)(5). Persons wishing to make an oral presentation regarding the proposed off-site waste and recovery operations NESHAP should contact the EPA contact person listed in the FOR FURTHER INFORMATION CONTACT section at the beginning of this notice. Oral presentations will be limited to 15 minutes each. Any member of the public may file a written statement before, during, or within 30 days after the hearing. Written statements should be sent the attention of Docket No. A-92-16 at EPA's Air and Radiation Docket and Information Center (see ADDRESSES section of this notice). A verbatim transcript of the hearing and written comments received by the EPA regarding the proposed off-site waste and recovery operations NESHAP will be placed in Docket No. A-92-16. B. Docket The docket is an organized and complete file of information considered by the EPA in the development of a rulemaking. The docket pertaining to the off-site waste and recovery operations NESHAP is Docket No. A-92-16. This docket contains a copy of the regulatory text of the proposed rule, the BID, and copies of all BID references and other information related to the development of this proposed rule. The public may review all materials in this docket at the EPA's Air and Radiation Docket and Information Center (see the ADDRESSES section at the beginning of this notice). C. Executive Order 12866 Executive Order 12866 (58 FR 51735, October 4, 1993) imposes procedural requirements on the development of significant regulatory actions. The EPA must therefore determine whether a regulatory action is significant. The Executive Order defines a significant regulatory action as one 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, or 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, users 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. Pursuant to the terms of the Executive Order 12866, it has been determined that this action will be treated as a ``significant regulatory action'' within the meaning of the Executive Order. As such, this action was submitted to the Office of Management and Budget (OMB) for review. Changes made in response to OMB suggestions or recommendations are documented in the docket pertaining to the off-site waste and recovery operations NESHAP rulemaking (Docket No. A-92-16). D. Regulatory Flexibility Act Section 605 of the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) requires Federal agencies to give special consideration to the impacts of regulations on small entities, which are small businesses, small organizations, and small governments. The major purpose of the Regulatory Flexibility Act is to keep paperwork and regulatory requirements from being out of proportion to the scale of the entities being regulated, without compromising the objectives of, in this case, the Clean Air Act. A small business with establishments in Standard Industrial Classification 4953, Refuse Systems, is defined by the Small Business Administration as one receiving less than $6 million per year, averaged over the most recent three fiscal years. A small organization is a not- for-profit enterprise that is independently owned and operated and is not dominant in the waste disposal industry. A small government is one that serves a population of less than 50,000 people. The EPA may use other definitions, but elects to use these. The EPA believes that small organizations and small governments have at most a very minor involvement with the types of off-site waste and recovery operations subject to this rulemaking, and therefore would not be significantly affected by the off-site waste and recovery operations NESHAP. Hence, the EPA has concentrated its attention on small businesses. The Regulatory Flexibility Act specifies that Federal agencies must prepare an initial regulatory flexibility analysis if a proposed regulatory action would have a significant economic impact on a substantial number of small entities. The data bases available to the EPA reflect the state of the hazardous waste TSDF industry in 1986, and provide limited basis for updating the economic factors. Furthermore, the EPA does not have reliable projections of construction of new facilities with off-site waste and recovery operations that would be subject to the proposed rule. The EPA therefore assumes the proposed rule may have a significant impact on a substantial number of small businesses, and has conducted a regulatory flexibility analysis. This analysis is part of the economic impact analysis (titled Economic Impact Analysis of Proposed National Emission Standards for Hazardous Air Pollutants: Off-Site Waste and Recovery Operations) prepared for the rulemaking and available in the docket (Docket No. A-92-16). Even though many off-site waste and recovery operations facilities are expected to be area sources and would not be subject to the proposed NESHAP, the EPA assumed for the regulatory flexibility analysis that all facilities listed in the data base are colocated at major sources. Also, the analysis did not exclude those off-site waste and recovery operations facilities that would not be subject to the NESHAP under the proposed applicability exemption for facilities at which the total annual organic HAP mass content of all wastes and recoverable materials subject to the rule entering the facility is less than 1 Mg/yr. From its data base, the EPA has identified 110 small businesses that own 112 affected facilities. About 90 of these small businesses would incur compliance costs associated with using air emission control equipment. For about one-third of the 90 businesses, the annual compliance costs would exceed 5 percent of normal production or waste treatment costs. For the median small business, the same costs come to less than 0.4 percent of sales `` compared with about 0.01 percent for the median large business. Excluding the costs of monitoring and recordkeeping costs, the capital costs would exceed the retained earnings breakpoints (the maximum amount of new capital a business can raise without issuing new stock and without changing its existing capital structure) of about 40 percent of the 90 small businesses. Only about 30 percent of large businesses would have capital costs of compliance exceeding their breakpoints. Finally, the EPA evaluated the possibility that the proposed rule might cause a small business to close. Although the rule may cause specific waste treatment processes to be shut down at many off-site waste and recovery operations facilities, only about 10 facilities are projected to close outright. Of these, the EPA can single out only three small businesses, each of which has only one facility. Limiting the analysis, to the extent possible with the information available in the data base, to only those facilities which are major sources and would not qualify for the 1 Mg of HAP applicability exemption does not change this number of potential closures. Pursuant to section 605(b) of the Regulatory Flexibility Act, the Administrator certifies that this rule may have a significant economic impact on a substantial number of small entities. E. Paperwork Reduction Act The information collection requirements for the proposed NESHAP have been submitted for approval to the Office of Management and Budget (OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An Information Collection Request (ICR) document has been prepared by the EPA (ICR No. 1717.01), and a copy 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. The public recordkeeping and reporting burden for this collection of information is estimated to average 1,200 hours per respondent the first year following promulgation of the rule. Thereafter, the recordkeeping and reporting burden is estimated to average 700 hours per respondent. These estimates include time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the recordkeeping and reporting burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Chief, Information Policy Branch (2136), U.S. Environmental Protection Agency, 401 M Street, S.W.; Washington, DC 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503, marked ``Attention: Desk Officer for EPA.'' The final rule will respond to any OMB or public comments on the information collection requirements contained in this proposal. F. Review The off-site waste and recovery operations NESHAP would be reviewed 8 years from the date of promulgation. This review would include an assessment of such factors as evaluation of the residual health risks, any duplication with other air programs, the existence of alternative methods, enforceability, improvements in air emission control technology and health data, and the recordkeeping and reporting requirements. VIII. Statutory Authority The statutory authority for this proposal is provided by section 101, 112, 114, 116, and 301 of the Clean Air Act, as amended; 42. U.S.C., 7401, 7412, 7414, 7416, and 7601. List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Containers, Hazardous air pollutants, Off-site waste and recovery operations, Land disposal units, Process vents, Recoverable materials, Tanks, Surface impoundments, Waste. Dated: September 30, 1994. Carol M. Browner, The Administrator. [FR Doc. 94-25064 Filed 10-12-94; 8:45 am] BILLING CODE 6560-50-P