Federal Register Vol. No. Friday, September 2, 1988 Rules ...Federal Register / Vol. 53, No. 171 / Friday, September 2, 1988 / Rules and Regulations 74:20 is given with the understanding

Federal Register / Vol. 53, No. 171 / Friday, September 2, 1988 / Rules and Regulations

74:20 is given with the understandingthat the State will revise as necessaryits regulations to comply with Federalrequirements after the decision in theNRDC v. Thomas remand is made.Today's action approves revisions to theexisting NSR program.

EPA finds good cause exists formaking the action taken in this noticeimmediately effective because theimplementation plan revisions arealready in effect under State law orregulation. EPA's approval poses noadditional regulatory burden.

Under 5 U.S.C. 605(b), I certify thatthis SIP revision will not have asignificant economic impact on asubstantial number of small entities.(See 46 FR 8709.)

Under section 307(b)(1) of the CleanAir Act, petitions for judicial review ofthis action must be filed in the UnitedStates Court of Appeals for theappropriate circuit by November 1, 1988.This action may not be challenged laterin proceedings to enforce itsrequirements. (see 307(b)(2).)

The Office of Management and Budgethas exempted this rule from therequirements of section 3 of ExecutiveOrder 12291.

List of Subjects in 40 CFR Part 52

Air pollution control, Particulatematter, Sulfur oxides, Incorporation byreference.

Note: Incorporation by reference of theState Implementation Plan for the State ofSouth Dakota was approved by the Directorof the Federal Register on July 1, 1982.

Date: August 18, 1988.Lee M. Thomas,Administrator.

Part 52 Chapter I, Title 40 of the Codeof Federal Regulations is amended asfollows:

PART 52-[AMENDED]

Subpart 00-South Dakota

1. The authority citation for Part 52continues to read as follows:

Authority: 42 U.S.C. 7401-7642.

2. Section 52.2170 is amended byadding paragraph (c)(11) to read asfollows:

§ 52.2170 Identification of plan.

(c) * * *

(11) On January 28, 1988, the Governorsubmitted a plan revision (1) updatingcitations to Federal regulations in theSouth Dakota air pollution controlregulations (Administrative Rules ofSouth Dakota 74:26), (2] adopting newambient air quality standards forparticulates (PMo), (3) revising the State

administrative procedures for handlingpermit hearings and contested cases,and (4) correcting deficiencies in thestack height regulations.

(i) Incorporation by reference(A) Revisions to the Administrative

Rules of South Dakota (ARSD)74:26:01:12, ARSD 74:26:01:35, ARSD74:26:01:37, ARSD 74:26:01:64, ARSD74:26:08 through ARSD 74:26:23,inclusive, and addition of a new section,ARSD 74:26:02:35, were revised throughNovember 24, 1987.

3. Add a new § 52.2180.

§ 52.2180 Stack height regulations.The State of South Dakota has

committed to revise its stack heightregulations should EPA completerulemaking to respond to the decision inNRDC v. Thomas, 838 F.2d 1224 (DC Cir.1988). In a letter to Douglas M. Skie,EPA, dated May 11, 1988, Joel C. Smith,Administrator, Office of Air Quality andSolid Waste, stated:-.* * We are submitting this letter to

allow EPA to continue to process our currentSIP submittal with the understanding that ifEPA's response to the NRDC remandmodifies the July 8, 1985 regulations, EPA willnotify the State of the rules that must bechanged to comport with the EPA's modifiedrequirements. The State of South Dakotaagrees to make the appropriate changes."[FR Doc. 88-19165 Filed 9-1-88; 8:45 am]BILLING CODE 6580-50-M

[FRL 3436-7]

40 CFR Parts 260, 264, 265, and 270

Hazardous Waste ManagementSystem; Standards for HazardousWaste Storage and Treatment TankSystems

AGENCY: U.S. Environmental ProtectionAgency.ACTION: Final rule.

SUMMARY: The U.S. EnvironmentalProtection Agency (EPA) is todayproviding an interpretation of certainterms and provisions, and correctingtypographical and other errors, thatoriginally appeared in the revised finalstandards for hazardous waste tanksystems (51 FR 25422, July 14, 1986).These interpretations and amendmentsare being made in response to litigationand numerous inquiries that the Agencyhas received on certain aspects of thefinal rule.EFFECTIVE DATE: September 2, 1988.FOR FURTHER INFORMATION CONTACT.The RCRA/Superfund Hotline, (800) 424-9346 (in Washington, DC, call (202) 382-3000)], or William J. Kline, (202] 382-7917, Office of Solid Waste (OS-322),

U.S. E.aviromrental Protection Agency,401 M Street SW., Washington, DC20460.

SUPPLEMENTARY INFOnPSATION:

Table of ContentsI. BackgroundLI. Discussion of Issues Requiring

InterpretationA. Scope of the Exemptions for

Wastewater Treatment/ElementaryNeutralization Tank Systems

1. Effect of Revised Tank System Standardson Wastewater Treatment/ElementaryNeutralization Units

2. Clarification of "Wastewater TreatmentUnit"

B. Issues Regarding the SecondaryContainment Requirements

1. Welded Flanges2. Applicability of Exemption for Certain

Types of Joints and Connectionsa. Plastic Piping Connectionsb. Tubing Connectionsi. Soldered and Brazed Jointsii. Compression Fittingsiii. Flared-Fitting Joints3. Exemption of Aboveground Sealless

Valves4. Extent of Required Leak Detection5. Requirements for Concrete Liners6. Secondary Containment of Pressurized

Piping with Automatic Shut-off DevicesC. Application of Immediate Response

Exemption to SumpsIll. Correction of Typographical ErrorsIV. Compliance with Administrative

Procedure Act Requirements

I. Background

On July 14, 1986, EPA issued a finalrule that revised the standards forhazardous waste storage and treatmenttank systems (51 FR 25422). Since then,the Agency has received requests forinterpretation of a number of terms orprovisions of the final rule, and hasfound several typographical errors in therule. In addition, the revised tanksystem standards were challenged byindustry petitioners in Edison ElectricInstitute (EEl). et al. v. U.S. EPA, No. 86-1549 (D.C. Circuit). This notice providesadditional interpretation andclarification of the final rule, both inresponse to public inquiry and insettlement of the EEl litigation. Thisnotice also corrects a number oftypographical errors.

II. Discussion of Issues RequiringInterpretation

Three major areas of the final rulerequire further clarification: (1) Theexemptions for wastewater treatmentsystems and elementary neutralizationtank systems, (2) issues concerningsecondary containment requirements,and (3) the applicability of theimmediate response exemption under 40CFR 265.1(c)(11) and 270.1(c)(3).

nr!34079

HeinOnline -- 53 Fed. Reg. 34079 1988

This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline.

34080 Federal Register / Vol. 53, No. 171 / Friday, September 2, 1988 / Rules and Regulations

A. Scope of the Exemptions forWastewater Treatment/ElementaryNeutralization Tank Systems

1. Effect of Revised Tank SystemStandards on Wastewater Treatment/Elementary Neutralization Units

On November 17, 1980, EPApromulgated an amendment to thehazardous waste standards thatsuspended applicability of therequirements in 40 CFR Parts 122 (nowcodified in Part 270), 264, and 265 toowners and operators of wastewatertreatment tanks and elementaryneutralization tanks (45 FR 76074).

In the July 14, 1986, revised standardsfor hazardous waste tank systems (51FR 25422), the Agency, in response toevidence indicating a high incidence offailures in piping and other equipmentancillary to tanks, made a special effortto focus on the proper management ofsuch equipment. Thus, all equipmentthat is ancillary to the tank and used "todistribute, meter, or control the flow ofhazardous waste from its point ofgeneration to a storage or treatmenttank(s), between hazardous wastestorage and treatment tanks to a point ofdisposal on-site, or to a point ofshipment for disposal off-site" wasmade subject to the revised standards(see definition of "ancillary equipment",40 CFR 260.10). EPA used the term "tanksystem" to emphasize that both the tankand its ancillary equipment must bemanaged in accordance with the revisedstandards. EPA has received severalinquiries regarding the extent to whichthe term "tank system" might result inpreviously exempt wastewatertreatment/neutralization tanks beingregulated by the revised hazardouswaste tank system standards.

In the July 14, 1986, rulemaking, theAgency had no intention of altering thescope of the November 17, 1980,exemption for such units as providedunder 40 CFR 264.1(g)(6), 265.1(c)(10),and 270.1(c)(2)(v) by subjecting theancillary equipment of such exempttanks to regulation. EPA attempted tomake this point clear in the preamble ofthe revised standards (see 51 FR 25462).However, numerous parties believe thepreamble language is still ambiguous.This ambiguity was also an issue in theEEl litigation. To add to the confusion ofthe status of these exemptions, EPAinadvertently neglected to amend the 40CFR 260.10 definitions of "elementaryneutralization unit" and "wastewatertreatment unit" to reflect the Agency'sintent to address hazardous waste tanksystems, rather than simply hazardouswaste tanks. In this notice, EPA correctsthis oversight.

In order to remove any remainingambiguity over this issue, EPA is todayamending the wastewater treatment andelementary neutralization unitdefinitions to clarify that the exemptionsapply to the tank systems, not just thetank. The only additional equipmentintended to be covered under therevised standards was ancillaryequipment that is associated with aregulated hazardous waste storage ortreatment tank.

Thus, if a wastewater treatment orelementary neutralization unit is notsubject to the RCRA Subtitle Chazardous waste managementstandards, the ancillary equipmentconnected to the exempted unit islikewise not subject to the Subtitle Cstandards. Similarly, the exemptionsapply to sumps that meet the definitionof a tank in 40 CFR 260.10 and that areused for the purpose of conveyinghazardous wastewater to an exemptedwastewater treatment or elementaryneutralization unit (includingconveyance by way of intermediatesumps, tanks, and holding ponds) sincesuch sumps are ancillary equipment tothe exempted tanks. Also, the revisedhazardous waste tank system standardsdo not apply to ancillary equipment thatis associated with hazardous wastemanagement units other than storage ortreatment tanks (e.g., surfaceimpoundments).

2. Clarification of "WastewaterTreatment Unit"

One of the conditions under 40 CFR260.10 for qualifying as a wastewatertreatment unit is that the unit must bepart of a wastewater treatment facilitythat is subject to regulation under eithersection 402 or section 307(b) of theClean Water Act. EPA has receivednumerous inquiries regarding themeaning of the term "wastewatertreatment facility."

Based on EPA's property-boundaryinterpretation of the term "facility"under RCRA and the purpose of theexemption, which is to exclude tanksystems subject to regulation under theClean Water Act, it is EPA's positionthat in order for a wastewater treatmentunit to be covered by the exemption, itmust be part of an on-site wastewatertreatment facility. Accordingly, anyhazardous waste tank system that isused to store or treat the wastewaterthat is managed at an on-sitewastewater treatment facility with anNational Pollution DischargeElimination System (NPDES) permit orthat discharges to a Publicly OwnedTreatment Works (POTW), is exemptfrom the RCRA regulations. Whether thewastewater is conveyed from the tank

system directly to the treatment unit orindirectly by way of intermediatesumps, tanks or holding ponds does notaffect the applicability of the exemption.For example, this exemption wouldapply if a sump is used to collect therinse from periodic cleaning of utilityboilers and this wastewater is thenconveyed to a wastewater treatmentunit at the same facility. Also, the meansof conveyance of the waste betweenstorage and treatment does not affectthe applicability of this exemption. Theapplicability of the exemption does notdepend on whether the wastewater ispiped or trucked, or conveyed in anyother manner to the wastewatertreatment facility within the boundariesof the facility generating thewastewater. Likewise, the applicabilityof the exemption does not depend onwhether the on-site wastewatertreatment facility also treats wastewatergenerated off-site.

However, any tank system that wasemployed in managing wastewater at afacility prior to its off-site transfer toanother location, whether or not the off-site location includes an NPDESpermitted wastewater treatment facility,or a facility that discharges to a POTWsewer system, is not covered by thisexemption.

EPA intends that this exemption applyto any tank system that manageshazardous wastewater and is dedicatedfor use with an on-site wastewatertreatment facility. However, if a tanksystem, in addition to being used inconjunction with an on-site wastewatertreatment facility, is used on a routine oroccasional basis to store or treat ahazardous wastewater prior to shipmentoff-site for treatment, storage, ordisposal, it is not covered by thisexemption. Unless the tank systemotherwise qualifies for some otherexemption, it would be subject to therevised standards for hazardous wastetank systems.

A final clarification of this exemptionconcerns an on-site wastewatertreatment facility that has no dischargeto surface water. As previously stated in45 FR 76078 (November 17, 1980), thewastewater treatment unit exemption isintended to cover only tank systems thatare part of a wastewater treatmentfacility that (1) produces a treatedwastewater effluent which is dischargedinto surface waters or into a POTWsewer system and therefore is subject tothe NPDES or pretreatmentrequirements of the Clean Water Act, or(2) produces no treated wastewatereffluent as a direct result of suchrequirements. This exemption is notintended to apply to wastewater




treatment units that are not required toobtain an NPDES permit because theydo not discharge treated effluent.

B. Issues Regarding SecondaryContainment Requirements

The Agency has also receivednumerous requests for interpretation ofthe regulatory provisions concerning thesecondary containment requirements.The areas of confusion include; themeaning of welded flanges, theexemption for certain types of joints andconnections, the exemption of above-ground sealless valves, the extent ofrequired leak detection for concreteliners, and the secondary containment ofpressurized piping with automatic shut-off devices.1. Welded Flanges

The primary purpose of a flange is toenable connection of piping to vessels,pumps, valves, and other equipment. Aflange connection provides an easymeans of removing equipment from thepipe system for inspection, maintenance,repair, or replacement. Like other pipingconnections, flanges can be joined topiping by two basic techniques:threaded joints or metallurgical bonds(e.g., welds). If a piece of equipment isconnected to piping by a threaded joint,it may be difficult to remove theequipment without disassembly of aportion of the piping system or withoutloosening other pipe-threadedconnections. If the equipment is weldedto the pipe, the pipe must be cut toremove the equipment..In contrast,equipment joined together with flangedconnections can be easily removed byunbolting the flanges.

In §§ 264.193(f) and 265.193(f) of therevised hazardous waste tank systemstandards, EPA exempted weldedflanges from the requirement to havesecondary containment as long as theflanges were visually inspected on adaily basis. Numerous questions havebeen raised as to the intended meaningof the term "welded flange" becauseEPA did not define this term in the July14, 1986, final rules. Apparently, severaldifferent meanings can be attributed tothe term.

A term typically used in nationalpiping codes, "welded flange" refers towelding only the piping to the flange.The flange-to-flange seal is achieved bymechanical seals, such as gaskets and o-rings. The flanges are usually heldtogether by bolts. For a perfect seal, thebolt holes would have to be eliminated,and a circumferential weld made at theflange-to-flange joint. However, EPA isnot aware of any national standards orcodes that discuss this type of weld.And, most important, such a weld would

defeat the purpose of the flange-i.e., toallow easy coupling and uncoupling ofequipment from the piping system.

In exempting welded flanges fromsecondary containment, EPA intendedto discourage the use of threaded joints,which EPA believes are susceptible tomore frequent and larger quantities ofreleases than welded flanges. Threadedjoints are used in metals where thewalls are thick enough to withstandconsiderable pressure and corrosionafter reduction in thickness due tothreading. Threading is not a precisemachining operation, and filler materialssuch as "pipe dope" are necessary toblock the spiral leakage path.

Several characteristics of threadedjoints make them more susceptible toleakage than welded flanges. Threadsnotch the pipe and reduce its strengthand fatigue resistance. Enlargement andcontraction of the flow passage atthreaded joints creates turbulence. Thus,corrosion and erosion may beaggravated at the point where a pipe hasalready been thinned by threading. Thetendency of pipe wrenches to crushpipes and fittings limits the torqueavailable for tightening threaded jointsthereby possibly excluding thenecessary amount of tightening. For low-pressure systems, a slight rotation in thejoint may be used to impart flexibility tothe system, but this same rotation maycause leaks to develop in higher-pressure systems. In some metals,galling (i.e., a wearing down) occurswhen threaded joints are disassembled.

Flanged joints come in a wide varietyof types and facings. Welded-neckflanges provide joints as strong as thepipe under all types of static and cyclicloading. Slip-on, socket-weld, and lap-joint flanges provide joints as strong asthe pipe under static loading but havelower resistance to cyclic stresses.

EPA realizes that flanged connectionscannot be considered equivalent to anall-welded pipe system without flangesand will, therefore, pose a potential leaksource. However, welded flangeseliminate, in EPA's opinion, the point ofmost probable leakage-i.e., thethreaded pipe connection to the flange.With respect to potential leakage,flanges are superior to threadedconnections because of the higherquality and more consistentworkmanship and supervisionassociated with flange assembly andbecause of the inherent problems withthreaded joints discussed above. Whilethe flange-to-flange seals can leak, theoccurrence of leakage from flanges ismuch lower than from threaded jointsdue to the larger seal surface area forthe flange joint (a large surface onflange face versus a few sealing threads

in the threaded connection). Also, withproper selection of bolt materials andwashers, the mechanical seal can bekept under continuous compressiveforce, whereas the threaded joint relieson thread sealing compound tocompensate for the contraction andexpansion of the threaded joint. In anycase, if a leak does occur in themechanical seal it can be easilydetected visually and correctedimmediately.

Weld-neck and lap-joint flanges arepreferable to socket-weld and slip-onflanges because they provide thegreatest resistance to static stress.Socket-weld and slip-on flanges providea lesser degree of structural integritybecause the welds may eventuallyweaken, particularly from cyclical stress(vibration, hammering, opening/closingof valves, etc.). Nevertheless, EPAbelieves that any of these weldedflanges, if properly specified, installed,inspected, and maintained inaccordance with American NationalStandards Institute (ANSI), AmericanSociety for Testing and Materials(ASTM), and other piping componentstandards, and if properly managed incompliance with the revised hazardouswaste tank system standards (e.g.,compatibility, design certification,installation certification, inspections,and response to leak/spills), shouldpose a very low risk of leakage. Forexample, a properly designed pipingsystem should take cyclical loading intoaccount and use pulsation dampers, flexjoints, expansion joints, etc., toeliminate or substantially minimize theeffect of cyclical stresses. Thus, asspecified on the revised tank systemrules, the Agency believes secondarycontainment is not necessary foraboveground welded flanges (i.e.,welded at the joint of the pipe to theflange) that are visually inspected on adaily basis. For the purpose of§ § 264.193(f) and 265.193(f) EPAinterprets the term "Welded flange" tomean weld-neck, lap-joint, slip-on, andsocket-weld flanges.

2. Applicability of Exemption for CertainTypes of Joints and Connections

Since promulgation of the revised tanksystem standards, EPA has receivednumerous inquiries regarding theintended scope of the exemption fromsecondary containment for weldedjoints and welded connections. Forexample, inquirers have requestedclarification on the applicability of thisexemption to plastic piping connections,and compression, soldered/brazed. -mdother tubing connections.

34081




A wide diversity of joints/connectionscan be used in the construction of ahazardous waste tank system.Considering the broad spectrum ofreliability that can be expected of thejoint/ connection, given such variablesas material of construction, method ofjoining, quality control of joint/connection assembly, etc., the issue iswhich types of joints/connections aresufficiently "welded" so as to be exemptfrom the requirement of secondarycontainment.

In general, and as previouslydiscussed, one of EPA's main concernslies with threaded fittings and joints. Asexplained below, fittings and joints thatavoid the inherent problems associatedwith threaded fittings and joints, andthat thereby provide a more reliableconnection, are the types of fittings andjoints most likely to be considered"welded" (that is to say, permanentlyjoined in such a fashion as to becomparable to welding in reliability)and thus eligible for exemption from thesecondary containment requirement.This exemption is only applicable toaboveground piping systems that arevisually inspected on a daily basis.

a. Plastic piping connections. Plasticpipe and fittings may be joined by asolvent-cement, by heat fusion, or by amechanical device such as threads or aring seal. A brief description of eachtype of joint is given below:

* Solvent cement softens the surfacesof the components, which then solidifyas the solvent evaporates.

0 With heat fusion, the surfaces areheated with special tools until they havesoftened. When engaged,.the softenedsurfaces flow together, forming a joint asthe material cools. There are three basictypes of heat-fused joints: butt fused,socket or insert fused, and saddle fused.

* Mechanical means or devices canbe used to develop a pressure seal.Types of mechanical joints includethreaded joint, compression gasket joint,compression fitting joint, clampedinsert-fitting joint, bell-and-spigot gasketor push-on joint, flanged joint, and flarejoint.

Of all the joining techniques, solvent-cementing and heat fusion can beconsidered equivalent to welding inmetal pipe systems. In both cases, theplastic is melted or "welded" together.The choice of the particular bondingdepends on the type of plastic.Polyvinylchloride (PVC) and chlorinatedpolyvinylchloride (CVPC] pipes aresolvent cemented, but polyvinylidenefluoride (PVDF) and polypropylene (PP)pipes require heat fusion, since they arenot susceptible to solvent cementing. Aswith all joining techniques, the leakcharacteristics depend on the quality of

workmanship involved. If the plasticcomponents are properly joined, the riskof leakage should be the same as that ofwelded pipe.

According to ASTM standards, thepressure rating of solvent-cementedjoints, properly fabricated, is equivalentto the pressure rating for the originalpipe, after a reasonable time has beenallowed for the joint to cure. Thepressure rating of well-made, heat-fusedjoints is the same as the pressure ratingfor the original pipe after the material inthe joint has cooled to the pipetemperature.

However, EPA notes that care must betaken in the selection and application ofa particular plastic pipe. The pipe mustbe suitable for the internal fluid and theexternal conditions. For example, somepipes may need to be wrapped toprevent stress cracking from ultravioletlight.

Flared-tube joints, insert fittings, andthreaded joints are not as reliable asheat fusion and solvent-cement joiningtechniques and have a greater incidenceof leaks than do the welded pipes. Ofthese, threaded joints have the greatestlikelihood of leaking, insert fittings thenext greatest, and flared-tube joints theleast likelihood of the three.

Depending on the type of materialand/or the manufacturer, certain joiningdevices may lower the maximumpressure rating of the piping system.Typically, threaded and mechanicaljoints of particular plastics may lowerthe maximum pressure rating (of thepipe joined) by as much as 50 percent.

Given this information, EPA isconvinced that solvent-cemented andheat-fused connections in plastic pipingsystems are analogous to weldedmetallic connections and should thus beconsidered "welded" for purposes of theexemption from secondary containmentrequirements under 40 CFR 264.193 and265.193. Mechanical joints, however,would need secondary containment.

The methods used to join plastic pipesand fittings depend on the type ofplastic(s) being joined. ApplicableASTM practices should be consulted toensure that the method used iscompatible with the materials beingjoined. In addition, therecommendations of the manufacturershould be considered when determiningwhich method and the details of theprocedure to be used.

The ASTM standards providespecifications, test methods, practices,and guides for plastic pipes and fittingsmade from these plastics. Plastic pipesand fittings made from several othertypes of plastic-most notablypolypropylene (PP) and poly(vinylidenefluoride)(PVDF)-are commonly

available in a wide variety of sizes.However, they are not covered as suchby ASTM specifications.

b. Tubing connections. Sincepromulgation of the revised standardsfor hazardous waste tank systems, theAgency has received numerousquestions concerning the equivalence oftubing components to all-welded piping.These components, used in makingconnections to valves, instruments,pressure gauges, and other ancillarydevices, employ soldered and brazedjoints, compression-fittings, and flared-fitting joints.

EPA does not have sufficientinformation to determine that thesetypes of connections are equivalent to"welding" and thus is not exemptingthese connections from the requirementof secondary containment. The Agencybelieves that further consideration of anexemption for these connections isnecessary and welcomes any data thataddresses the reliability of theseconnections.

i. Soldered and brazed joints.Soldering is a metal-joining processwherein a nonferrous alloy is heated toa suitable temperature and fused to themetals being joined. The filler metal(solder) is distributed between closelyfitted surfaces of the joint by capillaryattraction. In general, solders are lead-tin alloys and may contain antimony,bismuth, and other elements.

Soldered joints are most widely usedin pipe or tubing sizes 2 inches andsmaller where the heat requirements areless burdensome. Properly made, thejoints are completely impervious.Soldered joints should not be used inareas where plant fires are likelybecause exposure to fire rapidly andcompletely melts the joints. Nor shouldthey be used where the pipe containsflammable or toxic fluids or where thepiping is subject to thermal shock ormechanical vibrations.

Brazing is a metal-joining processwherein a nonferrous metal is heated toa suitable temperature and fused to themetals being joined. The filler metal isdistributed between the closely fittedsurfaces of the joint by capillaryattraction.

Silver-brazed joints are similar tosoldered joints, except they require atemperature of about 1100°F for fusion tooccur. Silver-brazed joints are usedwhere temperature or the combinationof temperature and pressure is beyondthe range of soldered joints. They arealso more reliable in the event of plantfires and are more resistant to vibration.

Braze welding is a welding processusing a nonferrous filler metal having amelting point below that of the base




metals, but above 800 *F (427 *C). Thefiller metal is not distributed in the jointby capillary attraction.

EPA believes that soldered andbrazed fittings are not equivalent towelded piping. Regardless of how wellthese joints are made, they will continueto be a greater source of leakage than awelded connection, which has thestrength of the pipe itself. However, ifinstalled properly and within theirdesign limitations, EPA believes thatthese joints have a very low risk ofleakage. If a leak does occur, it shouldbe visually detected in mostcircumstances, and tubing normally hasa piping take-off valve for isolation.Tubing also generally has small bores soleaks will normally be minor, except inhigh-pressure service.

Although the Agency acknowledgesthat these types of connections aresomewhat less reliable than a weldedconnection, EPA believes that thecombination of a relatively low risk ofleakage, the required compliance withstandards for proper design, installation,and inspection, and the impracticality ofdesigning secondary containment forsuch connections may make areasonable case for exempting theseconnections from the requirement forsecondary containment. The Agency iscontinuing to study this issue and mayamend the regulations in the future toprovide such an exemption for theseconnections.

ii. Compression Fittings. Acompression fitting can be an integralpart of a tank system component (e.g.,the fitting is built into the valve orpressure gauge), or it can be a separatepiece that is threaded to the component.These fittings are used where the tubinghas too high a ratio of wall thickness todiameter for flaring or where the tubinglacks sufficient ductility for flaring. Theseal is made by a ferrule ring that isslipped over the end of the tube andcompressed onto the tube by acompression nut on the fitting. Theferrule ring has two sealing surfaces: asmooth-bore inner-diameter surface thatis compressed onto the tube surface, anda smooth conical-shaped outer-diametersurface that makes a metal-to-metal sealto a matching machined-cone surface inthe body or housing of the compressionfitting. The sleeve must be considerablyharder than the tubing, yet still ductileenough to be diametrically compressed.It also must be as resistant as the tubingto corrosion by the fluid handled.Because the ferrule is under greatcompression force, a very tight seal isobtained. This force is usually sufficientto overcome differences in coefficientsof thermal expansion of the materials

used for the tube and fitting, normalvibration, and other factors that wouldcause threaded joints to leak.

Properly designed and manufacturedcompression fittings rarely leak. Theyare used in highly critical applications,such as connections for fuel lines andhydraulic systems on aircraft. Flarelesscompression fittings are usedextensively and can be designed forsystems up to 60,000 pounds per squareinch gauge (psig). The ANSI B31.3 Codelists no restrictions for compressionfittings, except that they be safeguardedif used in severe cyclic conditions.Leaks, when they occur, are usuallyattributed to one of the followingcauses:

-Dirt or debris trapped on the sealingsurface;

-Improper torqueing (too loose orover-tightening);

-Wear or scoring from excessiveremoval and reinstallation of theconnection;

-Damage from handling duringinstallation or removal; or

-Excessive vibrations or bendingmoments at the tube-to-fitting interface.

EPA believes that compression fittingsused on metallic tubing may be nearlyas reliable as welded connections. EPAis considering amending the rules toexempt metal tubing that usescompression fittings (but not with athreaded connection between the fittingand device) from the secondarycontainment requirement.

The Agency is convinced, however,that secondary containment should berequired for plastic piping connectionsthat use compression fittings. Althoughplastic piping can be joined in a mannersimilar to compression fittings for metalpiping, the technique is substantiallydifferent. Since metals are ductile, theferrule metal seal and the tubing areboth actually compressed by thecompression nut. On the other hand,plastics are not as ductile or as strong asmetals, and a seal is made by the muchlower compressive force of an elastomersealing ring. Thus, EPA does not believethat these plastic systems afford sealingequivalent to that of solvent-cementedor fused joints.

iii. Flared-fitting joints. Flared-fittingjoints are used for ductile tubing incases where the ratio of wall thicknessto the diameter is small enough topermit flaring without cracking theinside surface. The tubing must have asmooth interior surface. A flared fittingthat employs a sleeve avoids torsionalstrain on the tubing and minimizesvibration fatigue on the flared portion ofthe tubing. More labor is required forassembly, but it is more resistant to

temperature cycling than other tubingfittings and is unlikely to be damaged byover-tightening. For these fittings, lesscontrol of tube diameter is required.

The Agency believes that flared-fittingjoints, although not as reliable ascompression fittings, still present a lowrisk of leakage. However, given the lackof available data on the reliability offlared-fitting joints, EPA is unable at thistime to determine whether these jointsshould be exempted from therequirement of secondary containment.The Agency may consider this issue in afuture rulemaking.

3. Exemption of Aboveground SeallessValves

As previously discussed, 40 CFR264.193 and 265.193 of the final ruleexempt certain aboveground pipingsystem components from the secondarycontainment requirement. EPA hasreceived several inquiries regarding anapparent inconsistency between thediscussion of these exemptions in thepreamble (51 FR 25450, July 14, 1986) andthe list of exemptions codified in 40 CFR264.193(f)(1)-(4) and 265.193(f)(1]-(4) (51FR 25475 and 25481). Sealless pumps areexempted under § § 264.193(f) and265.193(f) because they do not usetraditional packing materials, which area common source of leakage. Similarly,the Agency intended to exempt seallessvalves, as mentioned in the preamblediscussion, provided that a weldedconnection is used to join the seallessvalve to the piping. However, theregulatory exemption refers-to seallesspumps, but not sealless valves. Thus,today EPA is correcting its omission ofsealless valves from the regulatorylanguage of 40 CFR 264.193(f)(3) and265.193(f)(3) by adding sealless valves tothe list of piping components that neednot be provided with secondarycontainment.

4. Extent of Required Leak Detection.

Sections 264.193(b) and 265.193(b)set out the performance standards forsecondary containment systems.Additional details on how to meet theseperformance standards are found in§ § 264.193(c) and 265.193(c). EPA hasreceived several inquiries regarding theintent of the wording in 40 CFR264.193(c)(3) and 265.193(c)(3) whichstates that secondary containmentsystems must be:

Provided with a leak-detection system thatis designed and operated so that it will detectthe failure of either the primary or secondarycontainment structure or the presence of anyrelease of hazardous waste or accumulatedliquid in the secondary containment systemwithin 24 hours * * '

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Numerous inquirers took thisprovision to mean that the Agency wasintending that a leak detectioncapability be provided both within, andexternal to, the secondary containmentstructure. Several other inquirersrequested clarification of whether theAgency requires detection of failure ofeither the primary or secondarycontainment structures or the presenceof any release, or both.

Under this provision, EPA intendedthat the leak detection component of asecondary containment system promptlydetect any release from the primarystructure into the secondarycontainment structure. EPA used thewording, "Provided with a leakdetection system that is designed andoperated so that it will detect failure ofeither the primary or secondarycontainment structure", to ensure thatdouble-walled tanks which detectfailure of either the primary or thesecondary containment structure (e.g.,via loss of pressure in the interstitialspace between the two walls) meet therequirements of § § 284.193(b) and265.193(b). This provision should not beinterpreted to require leak detectionoutside of the secondary containmentstructure in order to detect failure of thesecondary containment structure.

5. Requirements for Concrete Liners

In 40 CFR 264.193(e) (1) and (2), and265.193(e) (1) and (2), EPA promulgatedstandards applicable to external linersand vault systems. The external linerrequirements of 40 CFR 264.193(e)(1) and265.193(e)(1) address the subject ofliners generically. For example, they donot differentiate between syntheticmembrane liners and concrete. On theother hand, the requirements for vaultsystems under 40 CFR 264.193(e)(2) and265.193(e)(2) are applicable only toconcrete.

However, EPA did not intend thatconcrete used, for example, as a baseand diking material for secondarycontainment of an aboveground tank oronground tank should be subject torequirements significantly different fromconcrete that is used in the constructionof a secondary containment vault.Certain of the requirements promulgatedfor concrete vaults are appropriate andare intended to be applied to situationswhere concrete is used in theconstruction of any secondarycontainment structures. Thus, concreteliner systems must also meet the morespecific requirements of 40 CFR264.193(e)(2) (iii) and (iv) and265.193(e)(2) (iii) and (iv) in order tomeet the general performance standardsunder 40 CFR 264.193(e)(1) (iii) and (iv)and 265.193(e)(1) (iii) and (iv), which

specify that the liner system be free ofcracks or gaps and designed to preventmigration of the waste. Chemical-resistant water stops at all joints, asspecified in 40 CFR 264.193(e)(2)(iii) and265.193(e)(2)(iii) are appropriate for anyconcrete structure serving as asecondary containment device.Likewise, given the relative permeabilityof concrete, the Agency believes thatmost secondary containment concretestructures, vaults or otherwise, willrequire an impermeable coating or liningthat will prevent migration of waste intothe concrete as specified in 40 CFR264.193(e)(2)(iv) and 265.193(e)(2)(iv).Such coating or lining must also becompatible with the waste(s) managedwithin the secondary containmentstructure.

6. Secondary Containment ofPressurized Piping with Automatic Shut-Off Devices.

EPA has received a number ofquestions regarding the exemption fromsecondary containment of pressurizedpiping with automatic shut-off devices.

Under 40 CFR 264.193(f)(4) and265.193(f)(4), aboveground pressurizedpiping systems with automatic shutoffdevices that are visually inspected on adaily basis are exempt from thesecondary containment requirement.Furthermore, this provision allows thisexemption even if welded flanges,welded joints, welded connections,sealless valves, and sealless or magneticcoupling pumps are not used. However,the Agency is reconsidering thisexemption. EPA may have over-estimated the effectiveness of automaticshut-off devices. Although these devicesshould certainly limit the quantity ofwaste released in case of a substantialfailure somewhere in the piping system(e.g., pipe rupture), they would beunlikely to have any effect on reducingthe number or size of releases in pipingsystems due to small or slow leaks atvalves, connections, flanges, etc.

It was not EPA's intent to prescribeless importance to small leaks inpressurized piping systems. In fact, suchless-than-major leaks would be ofgreater concern in pressurized pipingsystems compared to nonpressurizedsystems due to the potential to releaselarger quantities of hazardous waste.

Thus, the Agency believes that it maybe prudent to require all abovegroundpiping systems, pressurized as well asnonpressurized, and even withautomatic shut-off devices, to usewelded joints, sealless valves, seallessor magnetic coupling pumps, etc., inorder to be exempted from thesecondary containment requirement. Infact, automatic shut-off devices may

also need to be welded so as not to be asource of leakage. Using this approach,automatic shut-off devices might beused to protect against catastrophicreleases and serve as a means to limitthe size of the secondary containmentsystem(s), where needed, rather thanserve as a means for the entire pipingsystem to be exempted from secondarycontainment. EPA is consideringproposing such an amendment to thetank system standards in the nearfuture.

C. Extent of Cathodic Protection forPrimary Tanks

EPA received several inquiriesregarding the intent of the 40 CFR264.193(e)(3)(ii) and 265.193(e)(3)(ii).That regulation specifies double-walledtanks must be "protected, if constructedof metal, from both corrosion of theprimary tank interior and of the externalsurface of the outer shell * *."Apparently, this wording has beeninterpreted to mean that cathodicprotection must be provided for theinterior surface of the primary tank. Thiswas not EPA's intent.

With respect to the interior of theprimary tank, this requirement waschiefly intended to address theexcessive or accelerated corrosion ofthe primary tank's interior surfaceresulting from incompatibility betweenthe tank construction material and thestored waste(s). This provision thusreiterates the requirement foundelsewhere in the standards (e.g., 40 CFR264.191(b), 264.192(a)), that acceleratedcorrosion of the primary tank's interiorsurfaces must be prevented. However,this provision does not mandatecathodic protection of the interiorsurface of primary tank structures.

D. Application of the ImmediateResponse Exemption to Sumps

As part of the settlement of the EEllitigation, EPA agreed to clarify theapplicability of the immediate responseexemption under 40 CFR 264.1(g)(8) and265.1(c)(11) to sumps. The July 14, 1986,final rule discussed three types of sumpsthat may be regulated as tanks underthis revised rule: "temporary tanks,"secondary containment sumps, andprimary containment tanks. Withrespect to temporary tanks, i.e., tanksused for storage of waste in response toa leak or spill, and other temporary,unplanned occurrences, the Agencystated that no Subpart I standards wereapplicable since such storage wasexempted from these regulatoryrequirements under 40 CFR 264.1(g)(8)and 265.1(c)(11) (51 FR 25445). Thosesections (along with 40 CFR 270.1(c)(3))




exempt any person from permittingrequirements and regulatory standardsfor "treatment or containment activitiestaken during immediate responseto * * * [a] discharge of a hazardouswaste", except requirements concerningpreparedness and emergencyprocedures. The purpose of theexemption is to allow appropriateimmediate response to hazardous wastedischarges in emergency situationswhere treatment or storage is necessarybut the facility owner or operator wouldnot have had sufficient previouswarning to comply with regulatorystandards or obtain a RCRA permit forsuch treatment or storage (51 FR 25445,July 14, 1986); (48 FR 2509, January 19,1983). A sump that may be used tocollect hazardous waste in the event ofa spill, whether accidental orintentional, and that is not designed toserve as a secondary containmentstructure for a tank storing hazardouswaste, is generally exempt fromregulatory and permitting requirementsso long as it is used to containhazardous waste only as an immediateresponse to such a spill.

Sumps that serve as part of asecondary containment system, i.e., tocollect spills from a primarycontainment vessel storing hazardouswaste, are subject to all applicablerequirements for tank systems exceptfor the requirement to obtain secondarycontainment. (51 FR 25441, July 14, 1986).In contrast to "temporary tanks",secondary containment sumps and allother secondary containment structures,are specifically designed to serve as thecollection device for spills of hazardouswaste from an adjacent primarycontainment vessel.

Finally, except as noted in sectionII.A. above, sumps that store hazardouswaste as primary containment vesselsare subject to all tank systemrequirements, including the requirementto obtain secondary containment (or avariance). Primary containment sumpsare sumps designed to collect andtransport routine and systematicdischarges of hazardous waste (51 FR25441, July 14, 1986). Sumps designed toserve as the storage for hazardouswaste from periodic cleaning of utilityboilers, for example, are primarycontainment vessels, although asexplained above they will still qualifyfor an exemption from the tank systemrequirements if they are used asancillary equipment to an exemptedwastewater treatment or elementaryneutralization unit. See Section II.A.supra.

In short, upon consideration of 40 CFR264.1(g)(8) and 265.1(c)(11) and the

interrelationship of these provisionswith the July 14, 1986 final rule, EPAbelieves that some sumps may beexempt from regulation under thisprovision. This interpretation isconsistent with the preamble discussionof the spill exemption provision (48 FR2508, January 19, 1983). As explained inthat preamble, the purpose of theprovision was to address emergencysituations, whether due to accidentaldischarges or to spills during routinemaintenance of equipment, where thereis no time to comply with technical andprocedural requirements pertaining tostorage and treatment of hazardouswaste (48 FR 2509, January 19, 1983).This rationale is inapplicable to unitsconstructed for the purpose ofcontaining hazardous waste fromroutine and systematic discharges ofhazardous waste or designed to serve asthe secondary containment for a tanksystem treating or storing hazardouswaste.

III. Correction of Typographical ErrorsOn August 15, 1986, EPA published in

the Federal Register a notice ofcorrections to the revised final tanksystem standards (51 FR 29430). Sincethat time, a number of additionaltypographical or coding errors in thefinal rules or in the notice of correctionshave been brought to EPA's attention.

Several coding errors were a result ofEPA's omission on several occasions ofthe word "system" when the term "tanksystem" as opposed to "tank" wasintended to be used. In general, it is theAgency's intent that both a regulatedhazardous waste tank and its ancillaryequipment be subject to the revisedstandards of July 14, 1986. As such, EPApromulgated a definition of "tanksystem." Although the Agency tried toensure that the term "tank system" wasincorporated, wherever applicable, intothe final rule, EPA apparentlyoverlooked several situations where thisterm should have been likewiseinserted. As previously discussed inSection II.A.1, the definition of"elementary neutralization unit" and"wastewater treatment unit" shouldhave included the term "tank system."Likewise, the word "system" wasinadvertently omitted from 40 CFR264.190 and 265.190. In these paragraphs,the exemption from secondarycontainment was intended to apply toany tank and its ancillary equipment,i.e., any portion of the tank system,situated inside a building with animpermeable floor. In 40 CFR 264.190(b)and 265.190(b) a different omissionoccurred. Although the Agency's intentis not to require secondary containmentof tank systems, including sumps, that

serve the purpose of secondarycontainment, EPA does intend that thesesecondary containment systems, orportions thereof, must meet the design,installation, and operation requirementsfor a secondary containment system inaccordance with 40 CFR 264.193(b)-(i)and 265.193(b)-(i). It is EPA's intent thatthese units be exempted only from 40CFR 264.193(a) and 265.193(a), that, inany case, is redundant of the provisionrequiring secondary containment.

Another omission occurred in 40 CFR264.193(f) and 265.193(f) in that EPAneglected to include abovegroundsealless valves under the exemptionfrom secondary containment. Asevidenced in the preamble discussionfor the July 14, 1986 standards (51 FR25450), it was the Agency's intent thatthe exemption be applicable to thesevalves. A detailed discussion of thisomission is provided in Section II.B.3.

EPA, in the process of including tanksystems in the applicability section ofthe closure and post-closurerequirements in Subpart G (40 CFR265.110), inadvertently deleted thepreviously existing 40 CFR 265.110(b)(2),that addresses the applicability ofSubpart G to waste piles and surfaceimpoundments. Consistent with 40 CFR264.110, EPA is today reinstating thisprovision in 40 CFR 265.110 andrenumbering the paragraph as applied totank systems. Today's rule alsoincorporates a conforming change into40 CFR 264.114 and 265.114. In therevised tank system standards, EPApromulgated specific closure and post-closure care requirements in 40 CFR264.197 and 265.197 and stated that tanksystems also must meet therequirements of Subparts G and H,unless otherwise specified. EPAneglected to make the cross-reference in40 CFR 264.114 and 265.114 to allowalternate post-closure care for certaintank systems as specified in CFR 264.197and 265.197.

Several typographical errors have alsobeen brought to the Agency's attention.In the first Note for 40 CFR 264.196 and265.196, the reference to RCRA section3004(u) and 3004(w), respectively, is amistake. The correct reference should beRCRA section 3004(v). Anothertypographical error appeared in 40 CFR265.201(c)(3) where a wrong citation of aparagraph was made. Instead ofreferring to "40 CFR 265.192(c)," aprovision that has nothing to do with thelevel of waste in a tank, "40 CFR265.201(b)(3) " requiring that uncoveredtanks be operated to ensure at least 60centimeters of freeboard, should havebeen cited. In this notice, EPA is alsocorrecting these errors.

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IV. Compliance With AdministrativeProcedure Act Requirements

Section 553(b) of the AdministrativeProcedure Act generally requiresproposal of administrative rulemakingsto receive public comment prior topromulgation. However, section 553(b)excludes certain types of rules from theprior notice-and-comment requirement,including interpretative rules and rulesfor which public comment isunnecessary. Because today's noticeincludes only interpretative statementsconcerning existing hazardous wastetank system requirements and minortechnical corrections, prior notice andthe solicitation of public comment onthis notice is unnecessary.

List of Subjects in 40 CFR Parts 260, 264,265, and 270

Administrative practice andprocedure, Environmental protection;Hazardous waste, Tank systems, Wastestorage and treatment, Water pollutioncontrol, Water supply.

Dated: August 24, 1988.J.W. McGraw,Acting Assistant Administrator, Office ofSolid Waste and Emergency Response.

For the reasons set out in thePreamble, Title 40 of the Code of FederalRegulations is amended as follows:

PART 260-HAZARDOUS WASTEMANAGEMENT SYSTEM: GENERAL

40 CFR Part 260 is amended asfollows:


Authority: Secs. 1006, 2002(a), 3001 through3007, 3010, 3014, 3015, 3017, 3018, and 3019 ofthe Solid Waste Disposal Act, as amended bythe Resource Conservation and Recovery Actof 1976, as amended (42 U.S.C. 6905, 6912(a),6921 through 6927, 6930, 6934, 6935, 6937, 6938,and 6939).

2. Section 260.10 is amended byrevising the following definitions inalphabetical order:

§ 260.10 Definitions.* * * * *

"Elementary neutralization unit"means a device which: (1) Is used forneutralizing wastes that are hazardousonly because they exhibit the corrosivitycharacteristic defined in § 261.22 of thischapter, or they are listed in Subpart Dof Part 261 of the chapter only for thisreason; and

(2) Meets the definition of tank, tanksystem, container, transport vehicle, orvessel in § 260.10 of this chapter.

"Wastewater treatment unit" means adevice which: (1) Is part of a wastewater

treatment facility that is subject toregulation under either section 402 or307(b) of the Clean Water Act; and

(2) Receives and treats or stores aninfluent wastewater that is a hazardouswaste as defined in § 261.3 of thischapter, or that generates andaccumulates a wastewater treatmentsludge that is a hazardous waste asdefined in § 261.3 of this chapter, ortreats or stores a wastewater treatmentsludge which is a hazardous waste asdefined in § 261.3 of this Chapter; and

(3) Meets the definition of tank or tanksystem in § 260.10 of this chapter.

PART 264-STANDARDS FOROWNERS AND OPERATORS OFHAZARDOUS WASTE TREATMENT,STORAGE, AND DISPOSALFACILITIES



Authority: Secs. 1006, 2002, 3004, and 3005of the Solid Waste Disposal Act as amendedby the Resource Conservation and RecoveryAct of 1976, as amended (42 U.S.C. 6905,6912(a), 6924, and 6925).

4. Section 264.114 is amended byrevising the first sentence to read asfollows:§ 264.114 Disposal or decontamination ofequipment, structures and soils.

During the partial and final closureperiods, all contaminated equipment,structures and soils must be properlydisposed of or decontaminated unlessotherwise specified in §§ 264.197,264.228, 264.258, 264.280 or § 264.310. * *

5. Section 264.190 is amended byrevising the first sentence of paragraph(a) and by revising paragraph (b) to readas follows:

§ 264.190 Applicability.* * * * *

(a) Tank systems that are used tostore or treat hazardous waste whichcontains no free liquids and are situatedinside a building with an impermeablefloor are exempted from therequirements in § 264.193. * * *

(b) Tank systems, including sumps, asdefined in § 260.10, that serve as part ofa secondary containment system tocollect or contain releases of hazardouswastes are exempted from therequirements in § 264.193(a).

6. Section 264.193 is amended byrevising paragraph (f)(3) to read asfollows:

§ 264.193 Containment and detection ofreleases.

(0"**(3) Sealless or magnetic coupling

pumps and sealless valves, that arevisually inspected for leaks on a dailybasis, and* * * * *

7. Section 264.196 is amended byrevising the first Note to read as follows:

§ 264.196 Response to leaks or spills anddisposition of leaking or unfit-for-use tanksystems.

Note.-The Regional Administrator may,on the basis of any information received thatthere is or has been a release of hazardouswaste or hazardous constituents into theenvironment, issue an order under RCRAsection 3004(v), 3008(h), or 7003(a) requiringcorrective action or such other response asdeemed necessary to protect human health orthe environment.* * * * * *

PART 265-NTERIM STATUSSTANDARDS FOR OWNERS ANDOPERATORS OF HAZARDOUS WASTETREATMENT, STORAGE, ANDDISPOSAL FACILITIES



Authority: Secs. 1006, 2002(a), 3004, 3005,and 3015, Solid Waste Disposal Act, asamended by the Resource Conservation andRecovery Act, as amended (42 U.S.C. 6905,6912(a), 6924, 6925, and 6935).

9. Section 265.110 is amended byredesignating existing paragraph (b)(2)as (b)(3), and adding a new paragraph(b)(2) to read as follows:

§ 265.110 Applicability.

(b) * * *

(2) Waste piles and surfaceimpoundments for which the owner oroperator intends to remove the wastesat closure to the extent that thesesections are made applicable to suchfacilities in § 265.228 or § 265.258; and

10. Section 265.114 is amended byrevising the first sentence to read asfollows:

§ 265.114 Disposal or decontamination ofequipment, structures and soils.

During the partial and final closureperiods, all contaminated equipment,structures and soil must be properlydisposed of, or decontaminated unlessspecified otherwise in § § 265.197,265.228, 265.258, 265.280, or 265.310. * **




11. Section 265.190 is amended byrevising the first sentence of paragraph(a) and by revising paragraph (b) to readas follows:

§ 265.190 Applicability.

(a) Tank systems that are used tostore or treat hazardous waste whichcontains no free liquids and that aresituated inside a building with animpermeable floor are exempted fromthe requirements in § 265.193. * * *

(b) Tank systems, including sumps, asdefined in § 260.10, that serve as part ofa secondary containment system tocollect or contain releases of hazardouswastes are exempted from therequirements in § 265.193(a).

12. Section 265.193 is amended byrevising paragraphs (f)(3) and (g)(3)(iii)to read as follows:

§ 265.193 Containment and detection ofreleases.

(f)***

(3) Sealless or magnetic couplingpumps and sealless valves, that arevisually inspected for leaks on a dailybasis; and

(g) *.,(3) * *

(iii) If contaminated soil cannot beremoved or decontaminated inaccordance with paragraph (g)(3}(ii) ofthis section, comply with therequirements of § 265.197(b);

13. Section 265.196 is amended byrevising the first Note to read as follows:

§ 265.196 Response to leaks or spills anddisposition of leaking or unfit-for-use tanksystems.

Note.-The Regional Administrator may,on the basis of any information received thatthere is or has been a release of hazardouswaste or hazardous constituents into theenvironment, issue an order under RCRAsection 3004(v), 3008(h), or 7003(a) requiringcorrective action or such other response asdeemed necessary to protect human health orthe environment.

14. Section 265.201 is amended byrevising paragraph (c)(3) to read asfollows:

§ 265.201 Special requirements forgenerators of between 100 and 1,000 kg/mo that accumulate hazardous waste Intanks.

(c) * * *

(3) The level of waste in the tank atleast once each operating day to ensurecompliance with § 265.201(b)(3);

PART 270-EPA ADMINISTEREDPERMIT PROGRAMS: THEHAZARDOUS WASTE PERMITPROGRAM


15. The authority citation for Part 270is revised to read as follows:

Authority: 42 U.S.C. 6905, 6912, 6924, 6925,6927, 6939, and 6974.

16. Section 270.2 is amended byrevising the following definitions inalphabetical order:

§ 270.2 Definitions.

Elementary neutralization unit meansa device which: (a) Is used forneutralizing wastes only because theyexhibit the corrosivity characteristicdefined in § 261.22 of this chapter, or arelisted in Subpart D of Part 261 of thischapter only for this reason; and (b)Meets the definition of tank, tanksystem, container, transport vehicle, orvessel in § 260.10 of this chapter.

Wastewater treatment unit means adevice which:

(a) Is part of a wastewater treatmentfacility which is subject to regulationunder either section 402 or 307(b) of theClean Water Act; and

(b) Receives and treats or stores aninfluent wastewater which is ahazardous waste as defined in § 261.3 ofthis chapter, or generates andaccumulates a wastewater treatmentsludge which is a hazardous waste asdefined in § 261.3 of this chapter, ortreats or stores a wastewater treatmentsludge which is a hazardous waste asdefined in § 261.3 of this chapter; and

(c) Meets the definition of tank or tanksystem in § 260.10 of this chapter.

[FR Doc. 88-19630 Filed 9-1-88; 8:45 am]BILLING CODE 6560-50-M

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA 6806]

Suspension of Community Eligibility;Alabama et al.

AGENCY: Federal EmergencyManagement Agency, FEMA.ACTION: Final rule.

SUMMARY: This rule lists communities,where the sale of flood insurance hasbeen authorized under the NationalFlood Insurance Program (NFIP), thatare suspended on the effective dateshown in this rule because ofnoncompliance with the revisedfloodplain management criteria of theNFIP. If FEMA receives documentationthat the community has adopted therequired revisions prior to the effectivesuspension date given in this rule, thecommunity will not be suspended andthe suspension will be withdrawn bypublication in the Federal Register.EFFECTIVE DATE: As shown in fifthcolumn.FOR FURTHER INFORMATION CONTACT.Frank H. Thomas, AssistantAdministrator, Office of Loss Reduction,Federal Insurance Administration,Federal Center Plaza, 500 C Street SW.,Room 416, Washington, DC 20472, (202)646-2717.

SUPPLEMENTARY INFORMATION: TheNFIP enables property owners topurchase flood insurance at rates madereasonable through a Federal subsidy. Inreturn, communities agree to adopt andadminister local floodplain managementmeasures aimed at protecting lives andnew construction from future flooding.Section 1315 of the National FloodInsurance Act of 1968, as amended (42U.S.C. 4022), prohibits flood insurancecoverage as authorized under the NFIP(42 U.S.C. 4001-4128) unless anappropriate public body shall haveadopted adequate floodplainmanagement measures with effectiveenforcement measures.

On August 25, 1986, FEMA publisheda final rule in the Federal Register thatrevised the NFIP floodplain managementcriteria. The rule became effective onOctober 1, 1986. As a condition forcontinued eligibility in the NFIP, thecriteria at 44 CFR 60.7 requirecommunities to revise their floodplainmanagement regulations to make themconsistent with any revised NFIPregulation within 6 months of theeffective date of that revision or besubject to suspension from participationin the NFIP.

The communities listed in this noticehave not amended or adopted floodplainmanagement regulations thatincorporate the rule revision.Accordingly, the communities are notcompliant with NFIP criteria and will besuspended on the effective date shownin this final rule. However, some ofthese communities may adopt andsubmit the required documentation oflegally enforceable revised floodplainmanagement regulations after this rule is

34087

-It 11,



Documents

Federal Register Vol. No. Friday, September 2, 1988 Rules ...Federal Register / Vol. 53, No. 171 / Friday, September 2, 1988 / Rules and Regulations 74:20 is given with the understanding