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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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.