Current through Register Vol. 48, No. 38, September 20, 2024
a) The remanufacturer or other person that
stores or treats the hazardous secondary material in a hazardous secondary
material management unit using closed-vent systems and control devices subject
to this Subpart BB must comply with the provisions of Section
721.933.
b) Implementation Schedule
1) The remanufacturer or other person that
stores or treats the hazardous secondary material at an existing facility who
cannot install a closed-vent system and control device to comply with the
provisions of this Subpart BB on the effective date that the facility becomes
subject to the provisions of this Subpart BB must prepare an implementation
schedule that includes dates by which the closed-vent system and control device
will be installed and in operation. The controls must be installed as soon as
possible, but the implementation schedule may allow up to 30 months after the
effective date that the facility becomes subject to this Subpart BB for
installation and startup.
2) Any
unit beginning operation that is subject to the provisions of this Subpart BB
when operation begins, must comply with the rules immediately (i.e., must have
control devices installed and operating on startup of the affected unit); the
30-month implementation schedule does not apply.
3) The remanufacturer or other person that
stores or treats the hazardous secondary material at any facility in existence
on the effective date of a statutory or regulatory amendment that renders the
facility subject to this Subpart BB must comply with all requirements of this
Subpart BB as soon as practicable but no later than 30 months after the
amendment's effective date. When control equipment required by this Subpart BB
cannot be installed and begin operation by the effective date of the statutory
or regulatory amendment that renders the facility subject to this Subpart BB,
the facility owner or operator must prepare an implementation schedule that
includes the following information: specific calendar dates for award of
contracts or issuance of purchase orders for the control equipment, initiation
of on-site installation of the control equipment, completion of the control
equipment installation, and performance of any testing to demonstrate that the
installed equipment meets the applicable standards of this Subpart BB. The
remanufacturer or other person that stores or treats the hazardous secondary
material must keep a copy of the implementation schedule at the facility.
BOARD NOTE: The federal effective date of this provision was
July 15, 2015. The resulting compliance deadline for the Subpart BB standards
was then January 18, 2018 for all facilities to which this Subpart BB applied
on July 15, 2015. All new and modified facilities to which this Subpart BB
applies are to immediately comply upon beginning operation after July 15, 2015.
Where this Subpart BB becomes applicable to a facility subject to after July
15, 2015 as a result of statutory or regulatory amendment, compliance with the
Subpart BB standards is required 30 months after the effective date of the
statutory or regulatory amendment that subjected that facility to this
provision.
4)
Remanufacturers or other persons that store or treat the hazardous secondary
materials at facilities and units that become newly subject to the requirements
of this Subpart BB due to an action other than those described in subsection
(b)(3), must comply with all applicable requirements immediately (i.e., must
have control devices installed and operating on the date the facility or unit
becomes subject to this Subpart BB; the 30-month implementation schedule does
not apply).
