June 13, 2016

Subparts AA, BB, and CC Are One of EPA’s Top Enforcement Priorities

As we reported in April, cutting hazardous air pollutants is one of EPA’s FY 2017–2019 national enforcement priorities. We have heard recently from several state and EPA regional personnel that RCRA inspections to ensure compliance with the 40 CFR Parts 264/265, Subparts AA, BB, and CC air emission standards are a significant part of that enforcement initiative. So, reviewing your Subparts AA, BB, and CC programs and documentation for regulatory compliance will be time well spent.

One common industry response when inspection personnel ask about Subparts AA, BB, and CC programs under RCRA is: “Well, we have a Title V permit.” It is possible that your air emission control requirements for equipment in hazardous waste service are covered in you CAA Title V permit, but not a certainty. Hazardous waste equipment that is in compliance with an applicable CAA regulation under 40 CFR Part 60, 61, or 63 is not also subject to Subparts AA, BB, and CC; however, RCRA air emission compliance via CAA standards must be documented, and there are limitations to the exemption for units complying with an applicable CAA regulation. A useful document in this area is CAA and RCRA Overlap Provisions in Subparts AA, BB, and CC of 40 CFR Parts 264 and 265, October 2000.

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Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.