[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.342]

[Page 194-197]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
   Subpart FF_National Emission Standard for Benzene Waste Operations
 
Sec. 61.342  Standards: General.

    (a) An owner or operator of a facility at which the total annual 
benzene quantity from facility waste is less than 10 megagrams per year 
(Mg/yr) (11 ton/yr) shall be exempt from the requirements of paragraphs 
(b) and (c) of this section. The total annual benzene quantity from 
facility waste is the sum of the annual benzene quantity for each waste 
stream at the facility that has a flow-weighted annual average water 
content greater than 10 percent or that is mixed with water, or other 
wastes, at any time and the mixture has an annual average water content 
greater than 10 percent. The benzene quantity in a waste stream is to be 
counted only once without multiple counting if other waste streams are 
mixed with or generated from the original waste stream. Other specific 
requirements for calculating the total annual benzene waste quantity are 
as follows:
    (1) Wastes that are exempted from control under Sec. Sec. 
61.342(c)(2) and 61.342(c)(3) are included in the calculation of the 
total annual benzene quantity if they have an annual average water 
content greater than 10 percent, or if they are mixed with water or 
other wastes at any time and the mixture has an annual average water 
content greater than 10 percent.

[[Page 195]]

    (2) The benzene in a material subject to this subpart that is sold 
is included in the calculation of the total annual benzene quantity if 
the material has an annual average water content greater than 10 
percent.
    (3) Benzene in wastes generated by remediation activities conducted 
at the facility, such as the excavation of contaminated soil, pumping 
and treatment of groundwater, and the recovery of product from soil or 
groundwater, are not included in the calculation of total annual benzene 
quantity for that facility. If the facility's total annual benzene 
quantity is 10 Mg/yr (11 ton/yr) or more, wastes generated by 
remediation activities are subject to the requirements of paragraphs (c) 
through (h) of this section. If the facility is managing remediation 
waste generated offsite, the benzene in this waste shall be included in 
the calculation of total annual benzene quantity in facility waste, if 
the waste streams have an annual average water content greater than 10 
percent, or if they are mixed with water or other wastes at any time and 
the mixture has an annual average water content greater than 10 percent.
    (4) The total annual benzene quantity is determined based upon the 
quantity of benzene in the waste before any waste treatment occurs to 
remove the benzene except as specified in Sec. 61.355(c)(1)(i) (A) 
through (C).
    (b) Each owner or operator of a facility at which the total annual 
benzene quantity from facility waste is equal to or greater than 10 Mg/
yr (11 ton/yr) as determined in paragraph (a) of this section shall be 
in compliance with the requirements of paragraphs (c) through (h) of 
this section no later than 90 days following the effective date, unless 
a waiver of compliance has been obtained under Sec. 61.11, or by the 
initial startup for a new source with an initial startup after the 
effective date.
    (1) The owner or operator of an existing source unable to comply 
with the rule within the required time may request a waiver of 
compliance under Sec. 61.10.
    (2) As part of the waiver application, the owner or operator shall 
submit to the Administrator a plan under Sec. 61.10(b)(3) that is an 
enforceable commitment to obtain environmental benefits to mitigate the 
benzene emissions that result from extending the compliance date. The 
plan shall include the following information:
    (i) A description of the method of compliance, including the control 
approach, schedule for installing controls, and quantity of the benzene 
emissions that result from extending the compliance date;
    (ii) If the control approach involves a compliance strategy designed 
to obtain integrated compliance with multiple regulatory requirements, a 
description of the other regulations involved and their effective dates; 
and
    (iii) A description of the actions to be taken at the facility to 
obtain mitigating environmental benefits, including how the benefits 
will be obtained, the schedule for these actions, and an estimate of the 
quantifiable benefits that directly result from these actions.
    (c) Each owner or operator of a facility at which the total annual 
benzene quantity from facility waste is equal to or greater than 10 Mg/
yr (11 ton/yr) as determined in paragraph (a) of this section shall 
manage and treat the facility waste as follows:
    (1) For each waste stream that contains benzene, including (but not 
limited to) organic waste streams that contain less than 10 percent 
water and aqueous waste streams, even if the wastes are not discharged 
to an individual drain system, the owner or operator shall:
    (i) Remove or destroy the benzene contained in the waste using a 
treatment process or wastewater treatment system that complies with the 
standards specified in Sec. 61.348 of this subpart.
    (ii) Comply with the standards specified in Sec. Sec. 61.343 
through 61.347 of this subpart for each waste management unit that 
receives or manages the waste stream prior to and during treatment of 
the waste stream in accordance with paragraph (c)(1)(i) of this section.
    (iii) Each waste management unit used to manage or treat waste 
streams that will be recycled to a process shall comply with the 
standards specified in Sec. Sec. 61.343 through 61.347. Once the waste 
stream is recycled to a process, including to a tank used for the 
storage of production process feed, product, or

[[Page 196]]

product intermediates, unless this tank is used primarily for the 
storage of wastes, the material is no longer subject to paragraph (c) of 
this section.
    (2) A waste stream is exempt from paragraph (c)(1) of this section 
provided that the owner or operator demonstrates initially and, 
thereafter, at least once per year that the flow-weighted annual average 
benzene concentration for the waste stream is less than 10 ppmw as 
determined by the procedures specified in Sec. 61.355(c)(2) or Sec. 
61.355(c)(3).
    (3) A waste stream is exempt from paragraph (c)(1) of this section 
provided that the owner or operator demonstrates initially and, 
thereafter, at least once per year that the conditions specified in 
either paragraph (c)(3)(i) or (c)(3)(ii) of this section are met.
    (i) The waste stream is process wastewater that has a flow rate less 
than 0.02 liters per minute (0.005 gallons per minute) or an annual 
wastewater quantity of less than 10 Mg/yr (11 ton/yr); or
    (ii) All of the following conditions are met:
    (A) The owner or operator does not choose to exempt process 
wastewater under paragraph (c)(3)(i) of this section,
    (B) The total annual benzene quantity in all waste streams chosen 
for exemption in paragraph (c)(3)(ii) of this section does not exceed 
2.0 Mg/yr (2.2 ton/yr) as determined in the procedures in Sec. 
61.355(j), and
    (C) The total annual benzene quantity in a waste stream chosen for 
exemption, including process unit turnaround waste, is determined for 
the year in which the waste is generated.
    (d) As an alternative to the requirements specified in paragraphs 
(c) and (e) of this section, an owner or operator of a facility at which 
the total annual benzene quantity from facility waste is equal to or 
greater than 10 Mg/yr (11 ton/yr) as determined in paragraph (a) of this 
section may elect to manage and treat the facility waste as follows:
    (1) The owner or operator shall manage and treat facility waste 
other than process wastewater in accordance with the requirements of 
paragraph (c)(1) of this section.
    (2) The owner or operator shall manage and treat process wastewater 
in accordance with the following requirements:
    (i) Process wastewater shall be treated to achieve a total annual 
benzene quantity from facility process wastewater less than 1 Mg/yr (1.1 
ton/yr). Total annual benzene from facility process wastewater shall be 
determined by adding together the annual benzene quantity at the point 
of waste generation for each untreated process wastewater stream plus 
the annual benzene quantity exiting the treatment process for each 
process wastewater stream treated in accordance with the requirements of 
paragraph (c)(1)(i) of this section.
    (ii) Each treated process wastewater stream identified in paragraph 
(d)(2)(i) of this section shall be managed and treated in accordance 
with paragraph (c)(1) of this section.
    (iii) Each untreated process wastewater stream identified in 
paragraph (d)(2)(i) of this section is exempt from the requirements of 
paragraph (c)(1) of this section.
    (e) As an alternative to the requirements specified in paragraphs 
(c) and (d) of this section, an owner or operator of a facility at which 
the total annual benzene quantity from facility waste is equal to or 
greater than 10 Mg/yr (11 ton/yr) as determined in paragraph (a) of this 
section may elect to manage and treat the facility waste as follows:
    (1) The owner or operator shall manage and treat facility waste with 
a flow-weighted annual average water content of less than 10 percent in 
accordance with the requirements of paragraph (c)(1) of this section; 
and
    (2) The owner or operator shall manage and treat facility waste 
(including remediation and process unit turnaround waste) with a flow-
weighted annual average water content of 10 percent or greater, on a 
volume basis as total water, and each waste stream that is mixed with 
water or wastes at any time such that the resulting mixture has an 
annual water content greater than 10 percent, in accordance with the 
following:
    (i) The benzene quantity for the wastes described in paragraph 
(e)(2) of

[[Page 197]]

this section must be equal to or less than 6.0 Mg/yr (6.6 ton/yr), as 
determined in Sec. 61.355(k). Wastes as described in paragraph (e)(2) 
of this section that are transferred offsite shall be included in the 
determination of benzene quantity as provided in Sec. 61.355(k). The 
provisions of paragraph (f) of this section shall not apply to any owner 
or operator who elects to comply with the provisions of paragraph (e) of 
this section.
    (ii) The determination of benzene quantity for each waste stream 
defined in paragraph (e)(2) of this section shall be made in accordance 
with Sec. 61.355(k).
    (f) Rather than treating the waste onsite, an owner or operator may 
elect to comply with paragraph (c)(1)(i) of this section by transferring 
the waste offsite to another facility where the waste is treated in 
accordance with the requirements of paragraph (c)(1)(i) of this section. 
The owner or operator transferring the waste shall:
    (1) Comply with the standards specified in Sec. Sec. 61.343 through 
61.347 of this subpart for each waste management unit that receives or 
manages the waste prior to shipment of the waste offsite.
    (2) Include with each offsite waste shipment a notice stating that 
the waste contains benzene which is required to be managed and treated 
in accordance with the provisions of this subpart.
    (g) Compliance with this subpart will be determined by review of 
facility records and results from tests and inspections using methods 
and procedures specified in Sec. 61.355 of this subpart.
    (h) Permission to use an alternative means of compliance to meet the 
requirements of Sec. Sec. 61.342 through 61.352 of this subpart may be 
granted by the Administrator as provided in Sec. 61.353 of this 
subpart.

[55 FR 8346, Mar. 7, 1990, as amended at 58 FR 3095, Jan. 7, 1993; 65 FR 
62159, 62160, Oct. 17, 2000]