U.S. EPA Adopts Rule Amending the NESHAP for Off-Site Waste and Recovery Operations to Remove Additional Monitoring Requirements for Container Pressure Relief Devices

In a final rule published in the Federal Register on January 31, 2018, the U.S. Environmental Protection Agency (EPA) amended the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Off-Site Waste and Recovery Operations. The amendment removed the additional monitoring requirements for pressure relief devices (PRDs) used on containers that were imposed when the Off-Site Waste and Recovery Operations (OSWRO) NESHAP was amended in 2015.

The Off-Site Waste and Recovery Operations NESHAP already contained inspection and monitoring requirements for containers and their closure devices, pressure relief devices included, before the 2015 amendment. The 2015 amendment then imposed monitoring requirements on all PRDs, including those used on containers. The EPA determined that, in light of preexisting monitoring requirements for containers and their closure devices, the 2015 amendment’s additional monitoring requirements were not necessary and amended the NESHAP according. The amendment became effective upon its January 31, 2018 publication in the Federal Register.

The EPA has previously identified the following as examples of entities regulated by the 40 CFR 63 Subpart DD Off-Site Waste and Recovery Operations NESHAP:

  • Hazardous waste treatment, storage, and disposal facilities (TSDF)
  • RCRA exempt hazardous wastewater treatment facilities
  • Nonhazardous wastewater treatment facilities other than publicly-owned treatment works
  • Used solvent recovery plants
  • RCRA exempt hazardous waste recycling operations
  • Used oil re-refineries

Source:

National Emission Standards for Hazardous Air Pollutants: Off-Site Waste and Recovery Operations, 83 Fed. Reg. 3,986 (Jan. 29, 2018), https://www.federalregister.gov/citation/83-FR-3986.