On November 12, 2002, EPA published a direct final rule (67 FR 68526) to amend the Benzene Waste NESHAP codified in 40 CFR Part 61, Subpart FF.  The summary of the amendments are detailed below:

1. Exemption for Organic Vapors Routed to a Fuel Gas System: If the waste management unit, treatment process or wastewater treatment system routes the organic vapors to a fuel gas system to recover the heating value of the waste, the unit is exempt from the Benzene Waste NESHAP. 

2. Amendment for Containers: The new rule clarifies when a total enclosure is or is not required and what requirements must be met for total enclosures.  Specifically, emissions from containers can be vented from a covered or closed container directly to a control device or vented inside a permanent total enclosure with a closed vent system that routes organic vapors to a control device.  The total permanent enclosure requirements are the same as for tanks.

3. New Compliance Option for Tanks: For tanks regulated under RCRA regulations 40 CFR Parts 264, 265, Subpart CC, a new compliance option allows tanks to be located inside a permanent total enclosure that routes organic vapors through a closed vents system to an enclosed vapor combustion unit..    

An adverse comment on the compliance option for tanks (amendment 3 above), therefore, EPA issued a partial withdrawal of the direct final rule on February 6, 2003 (68 FR 6082) withdrawing only the tank compliance option in 40 CFR 61.343(e). 

On December 4, 2003, EPA issued a final rule changing the compliance option for tanks located inside a permanent total enclosure to route organic vapors through a closed vent system to a “control device”, not only an enclosed vapor combustion unit.  Any control device approved under the rule, such as an enclosed combustion system, vapor recovery system or flare can be used provided it meets the control device standards in the existing rule. 

Author: Kimberly D. Coy, Senior Engineer

Date:  November 2002

Updated: Kimberly D. Coy, 01/28/04

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