[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2019 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 40
Protection of Environment
________________________
Parts 266 to 299
Revised as of July 1, 2019
Containing a codification of documents of general
applicability and future effect
As of July 1, 2019
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency
(Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 715
Alphabetical List of Agencies Appearing in the CFR...... 735
List of CFR Sections Affected........................... 745
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 266.20 refers
to title 40, part 266,
section 20.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
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name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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OMB CONTROL NUMBERS
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collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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(b) The matter incorporated is in fact available to the extent
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(c) The incorporating document is drafted and submitted for
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this volume.
[[Page vii]]
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Oliver A. Potts,
Director,
Office of the Federal Register
July 1, 2019.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty-seven
volumes. The parts in these volumes are arranged in the following order:
Parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-
52.2019), part 52 (52.2020-end of part 52), parts 53-59, part 60 (60.1-
60.499), part 60 (60.500-end of part 60, sections), part 60
(Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63
(63.6580-63.8830), part 63 (63.8980-end of part 63), parts 64-71, parts
72-79, part 80, part 81, parts 82-86, parts 87-95, parts 96-99, parts
100-135, parts 136-149, parts 150-189, parts 190-259, parts 260-265,
parts 266-299, parts 300-399, parts 400-424, parts 425-699, parts 700-
722, parts 723-789, parts 790-999, parts 1000-1059, and part 1060 to
end. The contents of these volumes represent all current regulations
codified under this title of the CFR as of July 1, 2019.
Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. OMB control numbers for title 40 appear in Sec. 9.1 of
this chapter.
Chapters IV-VIII--Regulations issued by the Environmental Protection
Agency and Department of Justice, Council on Environmental Quality,
Chemical Safety and Hazard Investigation Board, Environmental Protection
Agency and Department of Defense; Uniform National Discharge Standards
for Vessels of the Armed Forces, and the Gulf Coast Ecosystem
Restoration Council appear in volume thirty seven.
For this volume, Susannah C. Hurley was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains parts 266 to 299)
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Part
chapter i--Environmental Protection Agency (Continued)...... 266
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
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Editorial Note: Nomenclature changes to chapter I appear at 65 FR
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.
SUBCHAPTER I--SOLID WASTES (CONTINUED)
Part Page
266 Standards for the management of specific
hazardous wastes and specific types of
hazardous waste management facilities... 5
267 Standards for owners and operators of
hazardous waste facilities operating
under a standardized permit............. 135
268 Land disposal restrictions.................. 171
270 EPA administered permit programs: The
Hazardous Waste Permit Program.......... 305
271 Requirements for authorization of State
hazardous waste programs................ 391
272 Approved State hazardous waste management
programs................................ 417
273 Standards for universal waste management.... 476
278 Criteria for the management of granular mine
tailings (chat) in asphalt concrete and
portland cement concrete in
transportation construction projects
funded in whole or in part by Federal
funds................................... 493
279 Standards for the management of used oil.... 495
280 Technical standards and corrective action
requirements for owners and operators of
underground storage tanks (UST)......... 521
281 Approval of State underground storage tank
programs................................ 609
282 Approved underground storage tank programs.. 620
283-299
[Reserved]
[[Page 5]]
SUBCHAPTER I_SOLID WASTES (CONTINUED)
PART 266_STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
--Table of Contents
Subparts A-B [Reserved]
Subpart C_Recyclable Materials Used in a Manner Constituting Disposal
Sec.
266.20 Applicability.
266.21 Standards applicable to generators and transporters of materials
used in a manner that constitutes disposal.
266.22 Standards applicable to storers of materials that are to be used
in a manner that constitutes disposal who are not the ultimate
users.
266.23 Standards applicable to users of materials that are used in a
manner that constitutes disposal.
Subparts D-E [Reserved]
Subpart F_Recyclable Materials Utilized for Precious Metal Recovery
266.70 Applicability and requirements.
Subpart G_Spent Lead-Acid Batteries Being Reclaimed
266.80 Applicability and requirements.
Subpart H_Hazardous Waste Burned in Boilers and Industrial Furnaces
266.100 Applicability.
266.101 Management prior to burning.
266.102 Permit standards for burners.
266.103 Interim status standards for burners.
266.104 Standards to control organic emissions.
266.105 Standards to control particulate matter.
266.106 Standards to control metals emissions.
266.107 Standards to control hydrogen chloride (HCl) and chlorine gas
(Cl2) emissions.
266.108 Small quantity on-site burner exemption.
266.109 Low risk waste exemption.
266.110 Waiver of DRE trial burn for boilers.
266.111 Standards for direct transfer.
266.112 Regulation of residues.
Subparts I-L [Reserved]
Subpart M_Military Munitions
266.200 Applicability.
266.201 Definitions.
266.202 Definition of solid waste.
266.203 Standards applicable to the transportation of solid waste
military munitions.
266.204 Standards applicable to emergency responses.
266.205 Standards applicable to the storage of solid waste military
munitions.
266.206 Standards applicable to the treatment and disposal of waste
military munitions.
Subpart N_Conditional Exemption for Low-Level Mixed Waste Storage,
Treatment, Transportation and Disposal
Terms
266.210 What definitions apply to this subpart?
Storage and Treatment Conditional Exemption and Eligibility
266.220 What does a storage and treatment conditional exemption do?
266.225 What wastes are eligible for the storage and treatment
conditional exemption?
266.230 What conditions must you meet for your LLMW to qualify for and
maintain a storage and treatment exemption?
Treatment
266.235 What waste treatment does the storage and treatment conditional
exemption allow?
Loss of Conditional Exemption
266.240 How could you lose the conditional exemption for your LLMW and
what action must you take?
266.245 If you lose the storage and treatment conditional exemption for
your LLMW, can the exemption be reclaimed?
Recordkeeping
266.250 What records must you keep at your facility and for how long?
Reentry Into RCRA
266.255 When is your LLMW no longer eligible for the storage and
treatment conditional exemption?
Storage Unit Closure
266.260 Do closure requirements apply to units that stored LLMW prior to
the effective date of subpart N?
[[Page 6]]
Transportation and Disposal Conditional Exemption
266.305 What does the transportation and disposal conditional exemption
do?
Eligibility
266.310 What wastes are eligible for the transportation and disposal
conditional exemption?
Conditions
266.315 What are the conditions you must meet for your waste to qualify
for and maintain the transportation and disposal exemption?
266.320 What treatment standards must your eligible waste meet?
266.325 Are you subject to the manifest and transportation condition in
Sec. 266.315(b)?
266.330 When does the transportation and disposal exemption take effect?
266.335 Where must your exempted waste be disposed of?
266.340 What type of container must be used for disposal of exempted
waste?
Notification
266.345 Whom must you notify?
Recordkeeping
266.350 What records must you keep at your facility and for how long?
Loss of Transportation and Disposal Conditional Exemption
266.355 How could you lose the transportation and disposal conditional
exemption for your waste and what actions must you take?
266.360 If you lose the transportation and disposal conditional
exemption for a waste, can the exemption be reclaimed?
Subpart O [Reserved]
Subpart P_Hazardous Waste Pharmaceuticals
Sec.
266.500 Definitions for this subpart.
266.501 Applicability.
266.502 Standards for healthcare facilities managing non-creditable
hazardous waste pharmaceuticals.
266.503 Standards for healthcare facilities managing potentially
creditable hazardous waste pharmaceuticals.
266.504 Healthcare facilities that are very small quantity generators
for both hazardous waste pharmaceuticals and non-
pharmaceutical hazardous waste.
266.505 Prohibition of sewering hazardous waste pharmaceuticals.
266.506 Conditional exemption for hazardous waste pharmaceuticals that
are also controlled substances and household hazardous waste
pharmaceuticals collected in a take-back event or program.
266.507 Residues of hazardous waste pharmaceuticals in empty containers.
266.508 Shipping non-creditable hazardous waste pharmaceuticals from a
healthcare facility or evaluated hazardous waste
pharmaceuticals from a reverse distributor.
266.509 Shipping potentially creditable hazardous waste pharmaceuticals
from a healthcare facility or a reverse distributor to a
reverse distributor.
266.510 Standards for the management of potentially creditable hazardous
waste pharmaceuticals and evaluated hazardous waste
pharmaceuticals at reverse distributors.
Appendix I to Part 266--Tier I and Tier II Feed Rate and Emissions
Screening Limits for Metals
Appendix II to Part 266--Tier I Feed Rate Screening Limits for Total
Chlorine
Appendix III to Part 266--Tier II Emission Rate Screening Limits for
Free Chlorine and Hydrogen Chloride
Appendix IV to Part 266--Reference Air Concentrations
Appendix V to Part 266--Risk Specific Doses (10-5)
Appendix VI to Part 266--Stack Plume Rise
Appendix VII to Part 266--Health-Based Limits for Exclusion of Waste-
Derived Residues
Appendix VIII to Part 266--Potential PICs for Determination of Exclusion
of Waste-Derived Residues
Appendix IX to Part 266--Methods Manual for Compliance With the BIF
Regulations
Appendix X to Part 266 [Reserved]
Appendix XI to Part 266--Lead-Bearing Materials That May Be Processed in
Exempt Lead Smelters
Appendix XII to Part 266--Nickel or Chromium-Bearing Materials That May
Be Processed in Exempt Nickel-Chromium Recovery Furnaces
Appendix XIII to Part 266--Mercury Bearing Wastes That May Be Processed
in Exempt Mercury Recovery Units
Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 3017, 6905,
6906, 6912, 6921, 6922, 6924-6927, 6934, and 6937.
Source: 50 FR 666, Jan. 4, 1985, unless otherwise noted.
Subparts A-B [Reserved]
[[Page 7]]
Subpart C_Recyclable Materials Used in a Manner Constituting Disposal
Sec. 266.20 Applicability.
(a) The regulations of this subpart apply to recyclable materials
that are applied to or placed on the land:
(1) Without mixing with any other substance(s); or
(2) After mixing or combination with any other substance(s). These
materials will be referred to throughout this subpart as ``materials
used in a manner that constitutes disposal.''
(b) Products produced for the general public's use that are used in
a manner that constitutes disposal and that contain recyclable materials
are not presently subject to regulation if the recyclable materials have
undergone a chemical reaction in the course of producing the products so
as to become inseparable by physical means and if such products meet the
applicable treatment standards in subpart D of part 268 (or applicable
prohibition levels in Sec. 268.32 of this chapter or RCRA section
3004(d), where no treatment standards have been established) for each
recyclable material (i.e., hazardous waste) that they contain, and the
recycler complies with Sec. 268.7(b)(6) of this chapter.
(c) Anti-skid/deicing uses of slags, which are generated from high
temperature metals recovery (HTMR) processing of hazardous waste K061,
K062, and F006, in a manner constituting disposal are not covered by the
exemption in paragraph (b) of this section and remain subject to
regulation.
(d) Fertilizers that contain recyclable materials are not subject to
regulation provided that:
(1) They are zinc fertilizers excluded from the definition of solid
waste according to Sec. 261.4(a)(21) of this chapter; or
(2) They meet the applicable treatment standards in subpart D of
Part 268 of this chapter for each hazardous waste that they contain.
[50 FR 666, Jan. 4, 1985, as amended at 52 FR 21307, June 5, 1987; 54 FR
36970, Sept. 6, 1989; 59 FR 43500, Aug. 24, 1994; 67 FR 48414, July 24,
2002; 77 FR 22232, Apr. 13, 2012]
Sec. 266.21 Standards applicable to generators and transporters of
materials used in a manner that constitutes disposal.
Generators and transporters of materials that are used in a manner
that constitutes disposal are subject to the applicable requirements of
parts 262 and 263 of this chapter, and the notification requirement
under section 3010 of RCRA.
Sec. 266.22 Standards applicable to storers of materials that are
to be used in a manner that constitutes disposal who are not the
ultimate users.
Owners or operators of facilities that store recyclable materials
that are to be used in a manner that constitutes disposal, but who are
not the ultimate users of the materials, are regulated under all
applicable provisions of subparts A through L of parts 264, 265 and 267,
and parts 270 and 124 of this chapter and the notification requirement
under section 3010 of RCRA.
[75 FR 13006, Mar. 18, 2010]
Sec. 266.23 Standards applicable to users of materials that are
used in a manner that constitutes disposal.
(a) Owners or operators of facilities that use recyclable materials
in a manner that constitutes disposal are regulated under all applicable
provisions of subparts A through N of parts 124, 264, 265, 268, and 270
of this chapter and the notification requirement under section 3010 of
RCRA. (These requirements do not apply to products which contain these
recyclable materials under the provisions of Sec. 266.20(b) of this
chapter.)
(b) The use of waste or used oil or other material, which is
contaminated with dioxin or any other hazardous waste (other than a
waste identified solely on the basis of ignitability), for dust
suppression or road treatment is prohibited.
[50 FR 666, Jan. 4, 1985, as amended at 50 FR 28750, July 15, 1985; 59
FR 48042, Sept. 19, 1994]
Subparts D-E [Reserved]
[[Page 8]]
Subpart F_Recyclable Materials Utilized for Precious Metal Recovery
Sec. 266.70 Applicability and requirements.
(a) The regulations of this subpart apply to recyclable materials
that are reclaimed to recover economically significant amounts of gold,
silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any
combination of these.
(b) Persons who generate, transport, or store recyclable materials
that are regulated under this subpart are subject to the following
requirements:
(1) Notification requirements under section 3010 of RCRA;
(2) Subpart B of part 262 (for generators), 40 CFR 263.20 and 263.21
(for transporters), and 40 CFR 265.71 and 265.72 (for persons who store)
of this chapter; and
(3) For precious metals exported to or imported from other countries
for recovery, 40 CFR part 262, subpart H and 265.12.
(c) Persons who store recycled materials that are regulated under
this subpart must keep the following records to document that they are
not accumulating these materials speculatively (as defined in Sec.
261.1(c) of this chapter);
(1) Records showing the volume of these materials stored at the
beginning of the calendar year;
(2) The amount of these materials generated or received during the
calendar year; and
(3) The amount of materials remaining at the end of the calendar
year.
(d) Recyclable materials that are regulated under this subpart that
are accumulated speculatively (as defined in Sec. 261.1(c) of this
chapter) are subject to all applicable provisions of parts 262 through
265, 267, 270, and 124 of this chapter.
[50 FR 666, Jan. 4, 1985, as amended at 61 FR 16315, Apr. 12, 1996; 71
FR 40277, July 14, 2006; 75 FR 13007, Mar. 18, 2010; 81 FR 85727, Nov.
28, 2016]
Subpart G_Spent Lead-Acid Batteries Being Reclaimed
Sec. 266.80 Applicability and requirements.
(a) Are spent lead-acid batteries exempt from hazardous waste
management requirements? If you generate, collect, transport, store, or
regenerate lead-acid batteries for reclamation purposes, you may be
exempt from certain hazardous waste management requirements. Use the
following table to determine which requirements apply to you.
Alternatively, you may choose to manage your spent lead-acid batteries
under the ``Universal Waste'' rule in 40 CFR part 273.
----------------------------------------------------------------------------------------------------------------
If your batteries . . . And if you . . . Then you . . . And you . . .
----------------------------------------------------------------------------------------------------------------
(1) Will be reclaimed through ....................... are exempt from 40 CFR are subject to 40 CFR
regeneration (such as by electrolyte parts 262 (except for parts 261 and Sec.
replacement). Sec. 262.11), 263, 262.11 of this
264, 265, 266, 268, chapter.
270, 124 of this
chapter, and the
notification
requirements at
section 3010 of RCRA.
(2) Will be reclaimed other than generate, collect, and/ are exempt from 40 CFR are subject to 40 CFR
through regeneration. or transport these parts 262 (except for parts 261 and Sec.
batteries. Sec. 262.11), 263, 262.11, and applicable
264, 265, 266, 270, provisions under part
124 of this chapter, 268.
and the notification
requirements at
section 3010 of RCRA.
(3) Will be reclaimed other than store these batteries are exempt from 40 CFR are subject to 40 CFR
through regeneration. but you aren't the parts 262 (except for parts 261, Sec.
reclaimer. Sec. 262.11), 263, 262.11, and applicable
264, 265, 266, 270, provisions under part
124 of this chapter, 268.
and the notification
requirements at
section 3010 of RCRA.
[[Page 9]]
(4) Will be reclaimed other than store these batteries must comply with 40 CFR are subject to 40 CFR
through regeneration. before you reclaim 266.80(b) and as parts 261, Sec.
them. appropriate other 262.11, and applicable
regulatory provisions provisions under part
described in 266.80(b). 268.
(5) Will be reclaimed other than don't store these are exempt from 40 CFR are subject to 40 CFR
through regeneration. batteries before you parts 262 (except for parts 261, Sec.
reclaim them. Sec. 262.11), 263, 262.11, and applicable
264, 265, 266, 270, provisions under part
124 of this chapter, 268.
and the notification
requirements at
section 3010 of RCRA.
(6) Will be reclaimed through export these batteries are exempt from 40 CFR are subject to 40 CFR
regeneration or any other means. for reclamation in a parts 262 (except for part 261, Sec.
foreign country. Sec. 262.11, Sec. 262.11, Sec. 262.18,
262.18 and subpart H), and 40 CFR part 262,
263, 264, 265, 266, subpart H.
268, 270, 124 of this
chapter, and the
notification
requirements at
section 3010 of RCRA.
(7) Will be reclaimed through Transport these are exempt from 40 CFR must comply with
regeneration or any other means. batteries in the U.S. parts 263, 264, 265, applicable
to export them for 266, 268, 270, 124 of requirements in 40 CFR
reclamation in a this chapter, and the part 262, subpart H.
foreign country. notification
requirements at
section 3010 of RCRA.
(8) Will be reclaimed other than Import these batteries are exempt from 40 CFR are subject to 40 CFR
through regeneration. from foreign country parts 262 (except for parts 261, Sec.
and store these Sec. 262.11, Sec. 262.11, Sec. 262.18,
batteries but you 262.18 and subpart H), part 262 subpart H,
aren't the reclaimer. 263, 264, 265, 266, and applicable
270, 124 of this provisions under part
chapter, and the 268.
notification
requirements at
section 3010 of RCRA.
(9) Will be reclaimed other than Import these batteries must comply with 40 CFR are subject to 40 CFR
through regeneration. from foreign country 266.80(b) and as parts 261, Sec.
and store these appropriate other 262.11, Sec. 262.18,
batteries before you regulatory provisions part 262 subpart H,
reclaim them. described in 266.80(b). and applicable
provisions under part
268.
(10) Will be reclaimed other than Import these batteries are exempt from 40 CFR are subject to 40 CFR
through regeneration. from foreign country parts 262 (except for parts 261, Sec.
and don't store these Sec. 262.11, Sec. 262.11, Sec. 262.18,
batteries before you 262.18 and subpart H), part 262 subpart H,
reclaim them. 263, 264, 265, 266, and applicable
270, 124 of this provisions under part
chapter, and the 268
notification
requirements at
section 3010 of RCRA.
----------------------------------------------------------------------------------------------------------------
(b) If I store spent lead-acid batteries before I reclaim them but
not through regeneration, which requirements apply? The requirements of
paragraph (b) of this section apply to you if you store spent lead-acid
batteries before you reclaim them, but you don't reclaim them through
regeneration. The requirements are slightly different depending on your
RCRA permit status.
(1) For Interim Status Facilities, you must comply with:
(i) Notification requirements under section 3010 of RCRA.
(ii) All applicable provisions in subpart A of part 265 of this
chapter.
(iii) All applicable provisions in subpart B of part 265 of this
chapter except Sec. 265.13 (waste analysis).
(iv) All applicable provisions in subparts C and D of part 265 of
this chapter.
(v) All applicable provisions in subpart E of part 265 of this
chapter except Sec. Sec. 265.71 and 265.72 (dealing with the use of the
manifest and manifest discrepancies).
(vi) All applicable provisions in subparts F through L of part 265
of this chapter.
(vii) All applicable provisions in parts 270 and 124 of this
chapter.
(viii) All applicable provisions in part 267 of this chapter.
[[Page 10]]
(2) For Permitted Facilities:
(i) Notification requirements under section 3010 of RCRA.
(ii) All applicable provisions in subpart A of part 264 of this
chapter.
(iii) All applicable provisions in subpart B of part 264 of this
chapter (but not Sec. 264.13 (waste analysis).
(iv) All applicable provisions in subparts C and D of part 264 of
this chapter.
(v) All applicable provisions in subpart E of part 264 of this
chapter (but not Sec. 264.71 or Sec. 264.72 (dealing with the use of
the manifest and manifest discrepancies).
(vi) All applicable provisions in subparts F through L of part 264
of this chapter.
(vii) All applicable provisions in parts 270 and 124 of this
chapter.
(viii) All applicable provisions in part 267 of this chapter.
[63 FR 71229, Dec. 24, 1998, as amended at 71 FR 40277, July 14, 2006;
75 FR 13007, Mar. 18, 2010; 75 FR 1261, Jan. 8, 2010; 81 FR 85727, Nov.
28, 2016; 81 FR 85827, Nov. 28, 2016]
Subpart H_Hazardous Waste Burned in Boilers and Industrial Furnaces
Source: 56 FR 7208, Feb. 21, 1991, unless otherwise noted.
Sec. 266.100 Applicability.
(a) The regulations of this subpart apply to hazardous waste burned
or processed in a boiler or industrial furnace (as defined in Sec.
260.10 of this chapter) irrespective of the purpose of burning or
processing, except as provided by paragraphs (b), (c), (d), (g), and (h)
of this section. In this subpart, the term ``burn'' means burning for
energy recovery or destruction, or processing for materials recovery or
as an ingredient. The emissions standards of Sec. Sec. 266.104,
266.105, 266.106, and 266.107 apply to facilities operating under
interim status or under a RCRA permit as specified in Sec. Sec. 266.102
and 266.103.
(b) Integration of the MACT standards. (1) Except as provided by
paragraphs (b)(2), (b)(3), and (b)(4) of this section, the standards of
this part do not apply to a new hazardous waste boiler or industrial
furnace unit that becomes subject to RCRA permit requirements after
October 12, 2005; or no longer apply when an owner or operator of an
existing hazardous waste boiler or industrial furnace unit demonstrates
compliance with the maximum achievable control technology (MACT)
requirements of part 63, subpart EEE, of this chapter by conducting a
comprehensive performance test and submitting to the Administrator a
Notification of Compliance under Sec. Sec. 63.1207(j) and 63.1210(d) of
this chapter documenting compliance with the requirements of part 63,
subpart EEE, of this chapter. Nevertheless, even after this
demonstration of compliance with the MACT standards, RCRA permit
conditions that were based on the standards of this part will continue
to be in effect until they are removed from the permit or the permit is
terminated or revoked, unless the permit expressly provides otherwise.
(2) The following standards continue to apply:
(i) If you elect to comply with Sec. 270.235(a)(1)(i) of this
chapter to minimize emissions of toxic compounds from startup, shutdown,
and malfunction events, Sec. 266.102(e)(1) requiring operations in
accordance with the operating requirements specified in the permit at
all times that hazardous waste is in the unit, and Sec.
266.102(e)(2)(iii) requiring compliance with the emission standards and
operating requirements during startup and shutdown if hazardous waste is
in the combustion chamber, except for particular hazardous wastes. These
provisions apply only during startup, shutdown, and malfunction events;
(ii) The closure requirements of Sec. Sec. 266.102(e)(11) and
266.103(l);
(iii) The standards for direct transfer of Sec. 266.111;
(iv) The standards for regulation of residues of Sec. 266.112; and
(v) The applicable requirements of subparts A through H, BB and CC
of parts 264 and 265 of this chapter.
(3) If you own or operate a boiler or hydrochloric acid production
furnace that is an area source under Sec. 63.2 of this chapter and you
elect not to comply with the emission standards under Sec. Sec.
63.1216, 63.1217, and 63.1218 of this chapter for particulate matter,
[[Page 11]]
semivolatile and low volatile metals, and total chlorine, you also
remain subject to:
(i) Section 266.105--Standards to control particulate matter;
(ii) Section 266.106--Standards to control metals emissions, except
for mercury; and
(iii) Section 266.107--Standards to control hydrogen chloride and
chlorine gas.
(4) The particulate matter standard of Sec. 266.105 remains in
effect for boilers that elect to comply with the alternative to the
particulate matter standard under Sec. Sec. 63.1216(e) and 63.1217(e)
of this chapter.
(c) The following hazardous wastes and facilities are not subject to
regulation under this subpart:
(1) Used oil burned for energy recovery that is also a hazardous
waste solely because it exhibits a characteristic of hazardous waste
identified in subpart C of part 261 of this chapter. Such used oil is
subject to regulation under part 279 of this chapter;
(2) Gas recovered from hazardous or solid waste landfills when such
gas is burned for energy recovery;
(3) Hazardous wastes that are exempt from regulation under
Sec. Sec. 261.4 and 261.6(a)(3) (iii) and (iv) of this chapter, and
hazardous wastes that are subject to the special requirements for
conditionally exempt small quantity generators under Sec. 261.5 of this
chapter; and
(4) Coke ovens, if the only hazardous waste burned is EPA Hazardous
Waste No. K087, decanter tank tar sludge from coking operations.
(d) Owners and operators of smelting, melting, and refining furnaces
(including pyrometallurgical devices such as cupolas, sintering
machines, roasters, and foundry furnaces, but not including cement
kilns, aggregate kilns, or halogen acid furnaces burning hazardous
waste) that process hazardous waste solely for metal recovery are
conditionally exempt from regulation under this subpart, except for
Sec. Sec. 266.101 and 266.112.
(1) To be exempt from Sec. Sec. 266.102 through 266.111, an owner
or operator of a metal recovery furnace or mercury recovery furnace must
comply with the following requirements, except that an owner or operator
of a lead or a nickel-chromium recovery furnace, or a metal recovery
furnace that burns baghouse bags used to capture metallic dusts emitted
by steel manufacturing, must comply with the requirements of paragraph
(d)(3) of this section, and owners or operators of lead recovery
furnaces that are subject to regulation under the Secondary Lead
Smelting NESHAP must comply with the requirements of paragraph (h) of
this section.
(i) Provide a one-time written notice to the Director indicating the
following:
(A) The owner or operator claims exemption under this paragraph;
(B) The hazardous waste is burned solely for metal recovery
consistent with the provisions of paragraph (d)(2) of this section;
(C) The hazardous waste contains recoverable levels of metals; and
(D) The owner or operator will comply with the sampling and analysis
and recordkeeping requirements of this paragraph;
(ii) Sample and analyze the hazardous waste and other feedstocks as
necessary to comply with the requirements of this paragraph by using
appropriate methods; and
(iii) Maintain at the facility for at least three years records to
document compliance with the provisions of this paragraph including
limits on levels of toxic organic constituents and Btu value of the
waste, and levels of recoverable metals in the hazardous waste compared
to normal nonhazardous waste feedstocks.
(2) A hazardous waste meeting either of the following criteria is
not processed solely for metal recovery:
(i) The hazardous waste has a total concentration of organic
compounds listed in part 261, appendix VIII, of this chapter exceeding
500 ppm by weight, as-fired, and so is considered to be burned for
destruction. The concentration of organic compounds in a waste as-
generated may be reduced to the 500 ppm limit by bona fide treatment
that removes or destroys organic constituents. Blending for dilution to
meet the 500 ppm limit is prohibited and documentation that the waste
has not been impermissibly diluted must be retained in the records
required by paragraph (d)(1)(iii) of this section; or
[[Page 12]]
(ii) The hazardous waste has a heating value of 5,000 Btu/lb or
more, as-fired, and so is considered to be burned as fuel. The heating
value of a waste as-generated may be reduced to below the 5,000 Btu/lb
limit by bona fide treatment that removes or destroys organic
constituents. Blending for dilution to meet the 5,000 Btu/lb limit is
prohibited and documentation that the waste has not been impermissibly
diluted must be retained in the records required by paragraph
(d)(1)(iii) of this section.
(3) To be exempt from Sec. Sec. 266.102 through 266.111, an owner
or operator of a lead or nickel-chromium or mercury recovery furnace
(except for owners or operators of lead recovery furnaces subject to
regulation under the Secondary Lead Smelting NESHAP) or a metal recovery
furnace that burns baghouse bags used to capture metallic dusts emitted
by steel manufacturing, must provide a one-time written notice to the
Director identifying each hazardous waste burned and specifying whether
the owner or operator claims an exemption for each waste under this
paragraph or paragraph (d)(1) of this section. The owners or operator
must comply with the requirements of paragraph (d)(1) of this section
for those wastes claimed to be exempt under that paragraph and must
comply with the requirements below for those wastes claimed to be exempt
under this paragraph (d)(3).
(i) The hazardous wastes listed in appendices XI, XII, and XIII,
part 266, and baghouse bags used to capture metallic dusts emitted by
steel manufacturing are exempt from the requirements of paragraph (d)(1)
of this section, provided that:
(A) A waste listed in appendix XI of this part must contain
recoverable levels of lead, a waste listed in appendix XII of this part
must contain recoverable levels of nickel or chromium, a waste listed in
appendix XIII of this part must contain recoverable levels of mercury
and contain less than 500 ppm of 40 CFR part 261, appendix VIII organic
constituents, and baghouse bags used to capture metallic dusts emitted
by steel manufacturing must contain recoverable levels of metal; and
(B) The waste does not exhibit the Toxicity Characteristic of Sec.
261.24 of this chapter for an organic constituent; and
(C) The waste is not a hazardous waste listed in subpart D of part
261 of this chapter because it is listed for an organic constituent as
identified in appendix VII of part 261 of this chapter; and
(D) The owner or operator certifies in the one-time notice that
hazardous waste is burned under the provisions of paragraph (d)(3) of
this section and that sampling and analysis will be conducted or other
information will be obtained as necessary to ensure continued compliance
with these requirements. Sampling and analysis shall be conducted
according to paragraph (d)(1)(ii) of this section and records to
document compliance with paragraph (d)(3) of this section shall be kept
for at least three years.
(ii) The Director may decide on a case-by-case basis that the toxic
organic constituents in a material listed in appendix XI, XII, or XIII
of this part that contains a total concentration of more than 500 ppm
toxic organic compounds listed in appendix VIII, part 261 of this
chapter, may pose a hazard to human health and the environment when
burned in a metal recovery furnace exempt from the requirements of this
subpart. In that situation, after adequate notice and opportunity for
comment, the metal recovery furnace will become subject to the
requirements of this subpart when burning that material. In making the
hazard determination, the Director will consider the following factors:
(A) The concentration and toxicity of organic constituents in the
material; and
(B) The level of destruction of toxic organic constituents provided
by the furnace; and
(C) Whether the acceptable ambient levels established in appendices
IV or V of this part may be exceeded for any toxic organic compound that
may be emitted based on dispersion modeling to predict the maximum
annual average off-site ground level concentration.
(e) The standards for direct transfer operations under Sec. 266.111
apply only to facilities subject to the permit standards of Sec.
266.102 or the interim status standards of Sec. 266.103.
[[Page 13]]
(f) The management standards for residues under Sec. 266.112 apply
to any boiler or industrial furnace burning hazardous waste.
(g) Owners and operators of smelting, melting, and refining furnaces
(including pyrometallurgical devices such as cupolas, sintering
machines, roasters, and foundry furnaces) that process hazardous waste
for recovery of economically significant amounts of the precious metals
gold, silver, platinum, palladium, iridium, osmium, rhodium, or
ruthenium, or any combination of these are conditionally exempt from
regulation under this subpart, except for Sec. 266.112. To be exempt
from Sec. Sec. 266.101 through 266.111, an owner or operator must:
(1) Provide a one-time written notice to the Director indicating the
following:
(i) The owner or operator claims exemption under this paragraph;
(ii) The hazardous waste is burned for legitimate recovery of
precious metal; and
(iii) The owner or operator will comply with the sampling and
analysis and recordkeeping requirements of this paragraph; and
(2) Sample and analyze the hazardous waste as necessary to document
that the waste contains economically significant amounts of the metals
and that the treatment recovers economically significant amounts of
precious metal; and
(3) Maintain at the facility for at least three years records to
document that all hazardous wastes burned are burned for recovery of
economically significant amounts of precious metal.
(h) Starting June 23, 1997, owners or operators of lead recovery
furnaces that process hazardous waste for recovery of lead and that are
subject to regulation under the Secondary Lead Smelting NESHAP, are
conditionally exempt from regulation under this subpart, except for
Sec. 266.101. To be exempt, an owner or operator must provide a one-
time notice to the Director identifying each hazardous waste burned and
specifying that the owner or operator claims an exemption under this
paragraph. The notice also must state that the waste burned has a total
concentration of non-metal compounds listed in part 261, appendix VIII,
of this chapter of less than 500 ppm by weight, as fired and as provided
in paragraph (d)(2)(i) of this section, or is listed in appendix XI to
this part 266.
[56 FR 7208, Feb. 21, 1991]
Editorial note: For Federal Register citations affecting Sec.
266.100, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 266.101 Management prior to burning.
(a) Generators. Generators of hazardous waste that is burned in a
boiler or industrial furnace are subject to part 262 of this chapter.
(b) Transporters. Transporters of hazardous waste that is burned in
a boiler or industrial furnace are subject to part 263 of this chapter.
(c) Storage and treatment facilities. (1) Owners and operators of
facilities that store or treat hazardous waste that is burned in a
boiler or industrial furnace are subject to the applicable provisions of
parts 264, 265, 267 and 270 of this chapter, except as provided by
paragraph (c)(2) of this section. These standards apply to storage and
treatment by the burner as well as to storage and treatment facilities
operated by intermediaries (processors, blenders, distributors, etc.)
between the generator and the burner.
(2) Owners and operators of facilities that burn, in an onsite
boiler or industrial furnace exempt from regulation under the small
quantity burner provisions of Sec. 266.108, hazardous waste that they
generate are exempt from the regulations of parts 264, 265, 267 and 270
of this chapter applicable to storage units for those storage units that
store mixtures of hazardous waste and the primary fuel to the boiler or
industrial furnace in tanks that feed the fuel mixture directly to the
burner. Storage of hazardous waste prior to mixing with the primary fuel
is subject to regulation as prescribed in paragraph (c)(1) of this
section.
[56 FR 7208, Feb. 21, 1991, as amended at 57 FR 38564, Aug. 25, 1992; 64
FR 53075, Sept. 30, 1999; 75 FR 13007, Mar. 18, 2010]
[[Page 14]]
Sec. 266.102 Permit standards for burners.
(a) Applicability--(1) General. Owners and operators of boilers and
industrial furnaces burning hazardous waste and not operating under
interim status must comply with the requirements of this section and
Sec. Sec. 270.22 and 270.66 of this chapter, unless exempt under the
small quantity burner exemption of Sec. 266.108.
(2) Applicability of part 264 standards. Owners and operators of
boilers and industrial furnaces that burn hazardous waste are subject to
the following provisions of part 264 of this chapter, except as provided
otherwise by this subpart:
(i) In subpart A (General), 264.4;
(ii) In subpart B (General facility standards), Sec. Sec. 264.11-
264.18;
(iii) In subpart C (Preparedness and prevention), Sec. Sec. 264.31-
264.37;
(iv) In subpart D (Contingency plan and emergency procedures),
Sec. Sec. 264.51-264.56;
(v) In subpart E (Manifest system, recordkeeping, and reporting),
the applicable provisions of Sec. Sec. 264.71-264.77;
(vi) In subpart F (Releases from Solid Waste Management Units),
Sec. Sec. 264.90 and 264.101;
(vii) In subpart G (Closure and post-closure), Sec. Sec. 264.111-
264.115;
(viii) In subpart H (Financial requirements), Sec. Sec. 264.141,
264.142, 264.143, and 264.147-264.151, except that States and the
Federal government are exempt from the requirements of subpart H; and
(ix) Subpart BB (Air emission standards for equipment leaks), except
Sec. Sec. 264.1050(a).
(b) Hazardous waste analysis. (1) The owner or operator must provide
an analysis of the hazardous waste that quantifies the concentration of
any constituent identified in appendix VIII of part 261 of this chapter
that may reasonably be expected to be in the waste. Such constituents
must be identified and quantified if present, at levels detectable by
using appropriate analytical procedures. The appendix VIII, part 261
constituents excluded from this analysis must be identified and the
basis for their exclusion explained. This analysis will be used to
provide all information required by this subpart and Sec. Sec. 270.22
and 270.66 of this chapter and to enable the permit writer to prescribe
such permit conditions as necessary to protect human health and the
environment. Such analysis must be included as a portion of the part B
permit application, or, for facilities operating under the interim
status standards of this subpart, as a portion of the trial burn plan
that may be submitted before the part B application under provisions of
Sec. 270.66(g) of this chapter as well as any other analysis required
by the permit authority in preparing the permit. Owners and operators of
boilers and industrial furnaces not operating under the interim status
standards must provide the information required by Sec. Sec. 270.22 or
270.66(c) of this chapter in the part B application to the greatest
extent possible.
(2) Throughout normal operation, the owner or operator must conduct
sampling and analysis as necessary to ensure that the hazardous waste,
other fuels, and industrial furnace feedstocks fired into the boiler or
industrial furnace are within the physical and chemical composition
limits specified in the permit.
(c) Emissions standards. Owners and operators must comply with
emissions standards provided by Sec. Sec. 266.104 through 266.107.
(d) Permits. (1) The owner or operator may burn only hazardous
wastes specified in the facility permit and only under the operating
conditions specified under paragraph (e) of this section, except in
approved trial burns under the conditions specified in Sec. 270.66 of
this chapter.
(2) Hazardous wastes not specified in the permit may not be burned
until operating conditions have been specified under a new permit or
permit modification, as applicable. Operating requirements for new
wastes may be based on either trial burn results or alternative data
included with part B of a permit application under Sec. 270.22 of this
chapter.
(3) Boilers and industrial furnaces operating under the interim
status standards of Sec. 266.103 are permitted under procedures
provided by Sec. 270.66(g) of this chapter.
[[Page 15]]
(4) A permit for a new boiler or industrial furnace (those boilers
and industrial furnaces not operating under the interim status
standards) must establish appropriate conditions for each of the
applicable requirements of this section, including but not limited to
allowable hazardous waste firing rates and operating conditions
necessary to meet the requirements of paragraph (e) of this section, in
order to comply with the following standards:
(i) For the period beginning with initial introduction of hazardous
waste and ending with initiation of the trial burn, and only for the
minimum time required to bring the device to a point of operational
readiness to conduct a trial burn, not to exceed a duration of 720 hours
operating time when burning hazardous waste, the operating requirements
must be those most likely to ensure compliance with the emission
standards of Sec. Sec. 266.104 through 266.107, based on the Director's
engineering judgment. If the applicant is seeking a waiver from a trial
burn to demonstrate conformance with a particular emission standard, the
operating requirements during this initial period of operation shall
include those specified by the applicable provisions of Sec. 266.104,
Sec. 266.105, Sec. 266.106, or Sec. 266.107. The Director may extend
the duration of this period for up to 720 additional hours when good
cause for the extension is demonstrated by the applicant.
(ii) For the duration of the trial burn, the operating requirements
must be sufficient to demonstrate compliance with the emissions
standards of Sec. Sec. 266.104 through 266.107 and must be in
accordance with the approved trial burn plan;
(iii) For the period immediately following completion of the trial
burn, and only for the minimum period sufficient to allow sample
analysis, data computation, submission of the trial burn results by the
applicant, review of the trial burn results and modification of the
facility permit by the Director to reflect the trial burn results, the
operating requirements must be those most likely to ensure compliance
with the emission standards Sec. Sec. 266.104 through 266.107 based on
the Director's engineering judgment.
(iv) For the remaining duration of the permit, the operating
requirements must be those demonstrated in a trial burn or by
alternative data specified in Sec. 270.22 of this chapter, as
sufficient to ensure compliance with the emissions standards of
Sec. Sec. 266.104 through 266.107.
(e) Operating requirements--(1) General. A boiler or industrial
furnace burning hazardous waste must be operated in accordance with the
operating requirements specified in the permit at all times where there
is hazardous waste in the unit.
(2) Requirements to ensure compliance with the organic emissions
standards--(i) DRE standard. Operating conditions will be specified
either on a case-by-case basis for each hazardous waste burned as those
demonstrated (in a trial burn or by alternative data as specified in
Sec. 270.22) to be sufficient to comply with the destruction and
removal efficiency (DRE) performance standard of Sec. 266.104(a) or as
those special operating requirements provided by Sec. 266.104(a)(4) for
the waiver of the DRE trial burn. When the DRE trial burn is not waived
under Sec. 266.104(a)(4), each set of operating requirements will
specify the composition of the hazardous waste (including acceptable
variations in the physical and chemical properties of the hazardous
waste which will not affect compliance with the DRE performance
standard) to which the operating requirements apply. For each such
hazardous waste, the permit will specify acceptable operating limits
including, but not limited to, the following conditions as appropriate:
(A) Feed rate of hazardous waste and other fuels measured and
specified as prescribed in paragraph (e)(6) of this section;
(B) Minimum and maximum device production rate when producing normal
product expressed in appropriate units, measured and specified as
prescribed in paragraph (e)(6) of this section;
(C) Appropriate controls of the hazardous waste firing system;
(D) Allowable variation in boiler and industrial furnace system
design or operating procedures;
[[Page 16]]
(E) Minimum combustion gas temperature measured at a location
indicative of combustion chamber temperature, measured and specified as
prescribed in paragraph (e)(6) of this section;
(F) An appropriate indicator of combustion gas velocity, measured
and specified as prescribed in paragraph (e)(6) of this section, unless
documentation is provided under Sec. 270.66 of this chapter
demonstrating adequate combustion gas residence time; and
(G) Such other operating requirements as are necessary to ensure
that the DRE performance standard of Sec. 266.104(a) is met.
(ii) Carbon monoxide and hydrocarbon standards. The permit must
incorporate a carbon monoxide (CO) limit and, as appropriate, a
hydrocarbon (HC) limit as provided by paragraphs (b), (c), (d), (e) and
(f) of Sec. 266.104. The permit limits will be specified as follows:
(A) When complying with the CO standard of Sec. 266.104(b)(1), the
permit limit is 100 ppmv;
(B) When complying with the alternative CO standard under Sec.
266.104(c), the permit limit for CO is based on the trial burn and is
established as the average over all valid runs of the highest hourly
rolling average CO level of each run, and the permit limit for HC is 20
ppmv (as defined in Sec. 266.104(c)(1)), except as provided in Sec.
266.104(f).
(C) When complying with the alternative HC limit for industrial
furnaces under Sec. 266.104(f), the permit limit for HC and CO is the
baseline level when hazardous waste is not burned as specified by that
paragraph.
(iii) Start-up and shut-down. During start-up and shut-down of the
boiler or industrial furnace, hazardous waste (except waste fed solely
as an ingredient under the Tier I (or adjusted Tier I) feed rate
screening limits for metals and chloride/chlorine, and except low risk
waste exempt from the trial burn requirements under Sec. Sec.
266.104(a)(5), 266.105, 266.106, and 266.107) must not be fed into the
device unless the device is operating within the conditions of operation
specified in the permit.
(3) Requirements to ensure conformance with the particulate
standard. (i) Except as provided in paragraphs (e)(3) (ii) and (iii) of
this section, the permit shall specify the following operating
requirements to ensure conformance with the particulate standard
specified in Sec. 266.105:
(A) Total ash feed rate to the device from hazardous waste, other
fuels, and industrial furnace feedstocks, measured and specified as
prescribed in paragraph (e)(6) of this section;
(B) Maximum device production rate when producing normal product
expressed in appropriate units, and measured and specified as prescribed
in paragraph (e)(6) of this section;
(C) Appropriate controls on operation and maintenance of the
hazardous waste firing system and any air pollution control system;
(D) Allowable variation in boiler and industrial furnace system
design including any air pollution control system or operating
procedures; and
(E) Such other operating requirements as are necessary to ensure
that the particulate standard in Sec. 266.105(a) is met.
(ii) Permit conditions to ensure conformance with the particulate
matter standard shall not be provided for facilities exempt from the
particulate matter standard under Sec. 266.105(b);
(iii) For cement kilns and light-weight aggregate kilns, permit
conditions to ensure compliance with the particulate standard shall not
limit the ash content of hazardous waste or other feed materials.
(4) Requirements to ensure conformance with the metals emissions
standard. (i) For conformance with the Tier I (or adjusted Tier I)
metals feed rate screening limits of paragraphs (b) or (e) of Sec.
266.106, the permit shall specify the following operating requirements:
(A) Total feed rate of each metal in hazardous waste, other fuels,
and industrial furnace feedstocks measured and specified under
provisions of paragraph (e)(6) of this section;
(B) Total feed rate of hazardous waste measured and specified as
prescribed in paragraph (e)(6) of this section;
(C) A sampling and metals analysis program for the hazardous waste,
other fuels, and industrial furnace feedstocks;
(ii) For conformance with the Tier II metals emission rate screening
limits
[[Page 17]]
under Sec. 266.106(c) and the Tier III metals controls under Sec.
266.106(d), the permit shall specify the following operating
requirements:
(A) Maximum emission rate for each metal specified as the average
emission rate during the trial burn;
(B) Feed rate of total hazardous waste and pumpable hazardous waste,
each measured and specified as prescribed in paragraph (e)(6)(i) of this
section;
(C) Feed rate of each metal in the following feedstreams, measured
and specified as prescribed in paragraphs (e)(6) of this section:
(1) Total feedstreams;
(2) Total hazardous waste feed; and
(3) Total pumpable hazardous waste feed;
(D) Total feed rate of chlorine and chloride in total feedstreams
measured and specified as prescribed in paragraph (e)(6) of this
section;
(E) Maximum combustion gas temperature measured at a location
indicative of combustion chamber temperature, and measured and specified
as prescribed in paragraph (e)(6) of this section;
(F) Maximum flue gas temperature at the inlet to the particulate
matter air pollution control system measured and specified as prescribed
in paragraph (e)(6) of this section;
(G) Maximum device production rate when producing normal product
expressed in appropriate units and measured and specified as prescribed
in paragraph (e)(6) of this section;
(H) Appropriate controls on operation and maintenance of the
hazardous waste firing system and any air pollution control system;
(I) Allowable variation in boiler and industrial furnace system
design including any air pollution control system or operating
procedures; and
(J) Such other operating requirements as are necessary to ensure
that the metals standards under Sec. Sec. 266.106(c) or 266.106(d) are
met.
(iii) For conformance with an alternative implementation approach
approved by the Director under Sec. 266.106(f), the permit will specify
the following operating requirements:
(A) Maximum emission rate for each metal specified as the average
emission rate during the trial burn;
(B) Feed rate of total hazardous waste and pumpable hazardous waste,
each measured and specified as prescribed in paragraph (e)(6)(i) of this
section;
(C) Feed rate of each metal in the following feedstreams, measured
and specified as prescribed in paragraph (e)(6) of this section:
(1) Total hazardous waste feed; and
(2) Total pumpable hazardous waste feed;
(D) Total feed rate of chlorine and chloride in total feedstreams
measured and specified prescribed in paragraph (e)(6) of this section;
(E) Maximum combustion gas temperature measured at a location
indicative of combustion chamber temperature, and measured and specified
as prescribed in paragraph (e)(6) of this section;
(F) Maximum flue gas temperature at the inlet to the particulate
matter air pollution control system measured and specified as prescribed
in paragraph (e)(6) of this section;
(G) Maximum device production rate when producing normal product
expressed in appropriate units and measured and specified as prescribed
in paragraph (e)(6) of this section;
(H) Appropriate controls on operation and maintenance of the
hazardous waste firing system and any air pollution control system;
(I) Allowable variation in boiler and industrial furnace system
design including any air pollution control system or operating
procedures; and
(J) Such other operating requirements as are necessary to ensure
that the metals standards under Sec. Sec. 266.106(c) or 266.106(d) are
met.
(5) Requirements to ensure conformance with the hydrogen chloride
and chlorine gas standards. (i) For conformance with the Tier I total
chloride and chlorine feed rate screening limits of Sec. 266.107(b)(1),
the permit will specify the following operating requirements:
(A) Feed rate of total chloride and chlorine in hazardous waste,
other fuels, and industrial furnace feedstocks measured and specified as
prescribed in paragraph (e)(6) of this section;
[[Page 18]]
(B) Feed rate of total hazardous waste measured and specified as
prescribed in paragraph (e)(6) of this section;
(C) A sampling and analysis program for total chloride and chlorine
for the hazardous waste, other fuels, and industrial furnace feedstocks;
(ii) For conformance with the Tier II HCl and Cl2
emission rate screening limits under Sec. 266.107(b)(2) and the Tier
III HCl and Cl2 controls under Sec. 266.107(c), the permit
will specify the following operating requirements:
(A) Maximum emission rate for HCl and for Cl2 specified
as the average emission rate during the trial burn;
(B) Feed rate of total hazardous waste measured and specified as
prescribed in paragraph (e)(6) of this section;
(C) Total feed rate of chlorine and chloride in total feedstreams,
measured and specified as prescribed in paragraph (e)(6) of this
section;
(D) Maximum device production rate when producing normal product
expressed in appropriate units, measured and specified as prescribed in
paragraph (e)(6) of this section;
(E) Appropriate controls on operation and maintenance of the
hazardous waste firing system and any air pollution control system;
(F) Allowable variation in boiler and industrial furnace system
design including any air pollution control system or operating
procedures; and
(G) Such other operating requirements as are necessary to ensure
that the HCl and Cl2 standards under Sec. 266.107 (b)(2) or
(c) are met.
(6) Measuring parameters and establishing limits based on trial burn
data--(i) General requirements. As specified in paragraphs (e)(2)
through (e)(5) of this section, each operating parameter shall be
measured, and permit limits on the parameter shall be established,
according to either of the following procedures:
(A) Instantaneous limits. A parameter may be measured and recorded
on an instantaneous basis (i.e., the value that occurs at any time) and
the permit limit specified as the time-weighted average during all valid
runs of the trial burn; or
(B) Hourly rolling average. (1) The limit for a parameter may be
established and continuously monitored on an hourly rolling average
basis defined as follows:
(i) A continuous monitor is one which continuously samples the
regulated parameter without interruption, and evaluates the detector
response at least once each 15 seconds, and computes and records the
average value at least every 60 seconds.
(ii) An hourly rolling average is the arithmetic mean of the 60 most
recent 1-minute average values recorded by the continuous monitoring
system.
(2) The permit limit for the parameter shall be established based on
trial burn data as the average over all valid test runs of the highest
hourly rolling average value for each run.
(ii) Rolling average limits for carcinogenic metals and lead. Feed
rate limits for the carcinogenic metals (i.e., arsenic, beryllium,
cadmium and chromium) and lead may be established either on an hourly
rolling average basis as prescribed by paragraph (e)(6)(i) of this
section or on (up to) a 24 hour rolling average basis. If the owner or
operator elects to use an average period from 2 to 24 hours:
(A) The feed rate of each metal shall be limited at any time to ten
times the feed rate that would be allowed on an hourly rolling average
basis;
(B) The continuous monitor shall meet the following specifications:
(1) A continuous monitor is one which continuously samples the
regulated parameter without interruption, and evaluates the detector
response at least once each 15 seconds, and computes and records the
average value at least every 60 seconds.
(2) The rolling average for the selected averaging period is defined
as the arithmetic mean of one hour block averages for the averaging
period. A one hour block average is the arithmetic mean of the one
minute averages recorded during the 60-minute period beginning at one
minute after the beginning of the preceding clock hour; and
(C) The permit limit for the feed rate of each metal shall be
established based on trial burn data as the average over all valid test
runs of the highest
[[Page 19]]
hourly rolling average feed rate for each run.
(iii) Feed rate limits for metals, total chloride and chlorine, and
ash. Feed rate limits for metals, total chlorine and chloride, and ash
are established and monitored by knowing the concentration of the
substance (i.e., metals, chloride/chlorine, and ash) in each feedstream
and the flow rate of the feedstream. To monitor the feed rate of these
substances, the flow rate of each feedstream must be monitored under the
continuous monitoring requirements of paragraphs (e)(6) (i) and (ii) of
this section.
(iv) Conduct of trial burn testing. (A) If compliance with all
applicable emissions standards of Sec. Sec. 266.104 through 266.107 is
not demonstrated simultaneously during a set of test runs, the operating
conditions of additional test runs required to demonstrate compliance
with remaining emissions standards must be as close as possible to the
original operating conditions.
(B) Prior to obtaining test data for purposes of demonstrating
compliance with the emissions standards of Sec. Sec. 266.104 through
266.107 or establishing limits on operating parameters under this
section, the facility must operate under trial burn conditions for a
sufficient period to reach steady-state operations. The Director may
determine, however, that industrial furnaces that recycle collected
particulate matter back into the furnace and that comply with an
alternative implementation approach for metals under Sec. 266.106(f)
need not reach steady state conditions with respect to the flow of
metals in the system prior to beginning compliance testing for metals
emissions.
(C) Trial burn data on the level of an operating parameter for which
a limit must be established in the permit must be obtained during
emissions sampling for the pollutant(s) (i.e., metals, PM, HCl/
Cl2, organic compounds) for which the parameter must be
established as specified by paragraph (e) of this section.
(7) General requirements--(i) Fugitive emissions. Fugitive emissions
must be controlled by:
(A) Keeping the combustion zone totally sealed against fugitive
emissions; or
(B) Maintaining the combustion zone pressure lower than atmospheric
pressure; or
(C) An alternate means of control demonstrated (with part B of the
permit application) to provide fugitive emissions control equivalent to
maintenance of combustion zone pressure lower than atmospheric pressure.
(ii) Automatic waste feed cutoff. A boiler or industrial furnace
must be operated with a functioning system that automatically cuts off
the hazardous waste feed when operating conditions deviate from those
established under this section. The Director may limit the number of
cutoffs per an operating period on a case-by-case basis. In addition:
(A) The permit limit for (the indicator of) minimum combustion
chamber temperature must be maintained while hazardous waste or
hazardous waste residues remain in the combustion chamber,
(B) Exhaust gases must be ducted to the air pollution control system
operated in accordance with the permit requirements while hazardous
waste or hazardous waste residues remain in the combustion chamber; and
(C) Operating parameters for which permit limits are established
must continue to be monitored during the cutoff, and the hazardous waste
feed shall not be restarted until the levels of those parameters comply
with the permit limits. For parameters that may be monitored on an
instantaneous basis, the Director will establish a minimum period of
time after a waste feed cutoff during which the parameter must not
exceed the permit limit before the hazardous waste feed may be
restarted.
(iii) Changes. A boiler or industrial furnace must cease burning
hazardous waste when changes in combustion properties, or feed rates of
the hazardous waste, other fuels, or industrial furnace feedstocks, or
changes in the boiler or industrial furnace design or operating
conditions deviate from the limits as specified in the permit.
(8) Monitoring and Inspections. (i) The owner or operator must
monitor and record the following, at a minimum, while burning hazardous
waste:
[[Page 20]]
(A) If specified by the permit, feed rates and composition of
hazardous waste, other fuels, and industrial furnace feedstocks, and
feed rates of ash, metals, and total chloride and chlorine;
(B) If specified by the permit, carbon monoxide (CO), hydrocarbons
(HC), and oxygen on a continuous basis at a common point in the boiler
or industrial furnace downstream of the combustion zone and prior to
release of stack gases to the atmosphere in accordance with operating
requirements specified in paragraph (e)(2)(ii) of this section. CO, HC,
and oxygen monitors must be installed, operated, and maintained in
accordance with methods specified in appendix IX of this part.
(C) Upon the request of the Director, sampling and analysis of the
hazardous waste (and other fuels and industrial furnace feedstocks as
appropriate), residues, and exhaust emissions must be conducted to
verify that the operating requirements established in the permit achieve
the applicable standards of Sec. Sec. 266.104, 266.105, 266.106, and
266.107.
(ii) All monitors shall record data in units corresponding to the
permit limit unless otherwise specified in the permit.
(iii) The boiler or industrial furnace and associated equipment
(pumps, valves, pipes, fuel storage tanks, etc.) must be subjected to
thorough visual inspection when it contains hazardous waste, at least
daily for leaks, spills, fugitive emissions, and signs of tampering.
(iv) The automatic hazardous waste feed cutoff system and associated
alarms must be tested at least once every 7 days when hazardous waste is
burned to verify operability, unless the applicant demonstrates to the
Director that weekly inspections will unduly restrict or upset
operations and that less frequent inspections will be adequate. At a
minimum, operational testing must be conducted at least once every 30
days.
(v) These monitoring and inspection data must be recorded and the
records must be placed in the operating record required by Sec. 264.73
of this chapter.
(9) Direct transfer to the burner. If hazardous waste is directly
transferred from a transport vehicle to a boiler or industrial furnace
without the use of a storage unit, the owner and operator must comply
with Sec. 266.111.
(10) Recordkeeping. The owner or operator must maintain in the
operating record of the facility all information and data required by
this section for five years.
(11) Closure. At closure, the owner or operator must remove all
hazardous waste and hazardous waste residues (including, but not limited
to, ash, scrubber waters, and scrubber sludges) from the boiler or
industrial furnace.
[56 FR 7208, Feb. 21, 1991; 56 FR 32688, July 17, 1991, as amended at 56
FR 42512, 42514, Aug. 27, 1991; 70 FR 34588, June 14, 2005; 71 FR 16913,
Apr. 4, 2006; 71 FR 40277, July 14, 2006]
Sec. 266.103 Interim status standards for burners.
(a) Purpose, scope, applicability--(1) General. (i) The purpose of
this section is to establish minimum national standards for owners and
operators of ``existing'' boilers and industrial furnaces that burn
hazardous waste where such standards define the acceptable management of
hazardous waste during the period of interim status. The standards of
this section apply to owners and operators of existing facilities until
either a permit is issued under Sec. 266.102(d) or until closure
responsibilities identified in this section are fulfilled.
(ii) Existing or in existence means a boiler or industrial furnace
that on or before August 21, 1991 is either in operation burning or
processing hazardous waste or for which construction (including the
ancillary facilities to burn or to process the hazardous waste) has
commenced. A facility has commenced construction if the owner or
operator has obtained the Federal, State, and local approvals or permits
necessary to begin physical construction; and either:
(A) A continuous on-site, physical construction program has begun;
or
(B) The owner or operator has entered into contractual obligations--
which cannot be canceled or modified without substantial loss--for
physical construction of the facility to be completed within a
reasonable time.
(iii) If a boiler or industrial furnace is located at a facility
that already has
[[Page 21]]
a permit or interim status, then the facility must comply with the
applicable regulations dealing with permit modifications in Sec. 270.42
or changes in interim status in Sec. 270.72 of this chapter.
(2) Exemptions. The requirements of this section do not apply to
hazardous waste and facilities exempt under Sec. Sec. 266.100(b), or
266.108.
(3) Prohibition on burning dioxin-listed wastes. The following
hazardous waste listed for dioxin and hazardous waste derived from any
of these wastes may not be burned in a boiler or industrial furnace
operating under interim status: F020, F021, F022, F023, F026, and F027.
(4) Applicability of part 265 standards. Owners and operators of
boilers and industrial furnaces that burn hazardous waste and are
operating under interim status are subject to the following provisions
of part 265 of this chapter, except as provided otherwise by this
section:
(i) In subpart A (General), Sec. 265.4;
(ii) In subpart B (General facility standards), Sec. Sec. 265.11-
265.17;
(iii) In subpart C (Preparedness and prevention), Sec. Sec. 265.31-
265.37;
(iv) In subpart D (Contingency plan and emergency procedures),
Sec. Sec. 265.51-265.56;
(v) In subpart E (Manifest system, recordkeeping, and reporting),
Sec. Sec. 265.71-265.77, except that Sec. Sec. 265.71, 265.72, and
265.76 do not apply to owners and operators of on-site facilities that
do not receive any hazardous waste from off-site sources;
(vi) In subpart G (Closure and post-closure), Sec. Sec. 265.111-
265.115;
(vii) In subpart H (Financial requirements), Sec. Sec. 265.141,
265.142, 265.143, and 265.147-265.150, except that States and the
Federal government are exempt from the requirements of subpart H; and
(viii) Subpart BB (Air emission standards for equipment leaks),
except Sec. 265.1050(a).
(5) Special requirements for furnaces. The following controls apply
during interim status to industrial furnaces (e.g., kilns, cupolas) that
feed hazardous waste for a purpose other than solely as an ingredient
(see paragraph (a)(5)(ii) of this section) at any location other than
the hot end where products are normally discharged or where fuels are
normally fired:
(i) Controls. (A) The hazardous waste shall be fed at a location
where combustion gas temperatures are at least 1800 [deg]F;
(B) The owner or operator must determine that adequate oxygen is
present in combustion gases to combust organic constituents in the waste
and retain documentation of such determination in the facility record;
(C) For cement kiln systems, the hazardous waste shall be fed into
the kiln; and
(D) The hydrocarbon controls of Sec. 266.104(c) or paragraph (c)(5)
of this section apply upon certification of compliance under paragraph
(c) of this section irrespective of the CO level achieved during the
compliance test.
(ii) Burning hazardous waste solely as an ingredient. A hazardous
waste is burned for a purpose other than solely as an ingredient if it
meets either of these criteria:
(A) The hazardous waste has a total concentration of nonmetal
compounds listed in part 261, appendix VIII, of this chapter exceeding
500 ppm by weight, as-fired, and so is considered to be burned for
destruction. The concentration of nonmetal compounds in a waste as-
generated may be reduced to the 500 ppm limit by bona fide treatment
that removes or destroys nonmetal constituents. Blending for dilution to
meet the 500 ppm limit is prohibited and documentation that the waste
has not been impermissibly diluted must be retained in the facility
record; or
(B) The hazardous waste has a heating value of 5,000 Btu/lb or more,
as-fired, and so is considered to be burned as fuel. The heating value
of a waste as-generated may be reduced to below the 5,000 Btu/lb limit
by bona fide treatment that removes or destroys organic constituents.
Blending to augment the heating value to meet the 5,000 Btu/lb limit is
prohibited and documentation that the waste has not been impermissibly
blended must be retained in the facility record.
(6) Restrictions on burning hazardous waste that is not a fuel.
Prior to certification of compliance under paragraph (c) of this
section, owners and operators shall not feed hazardous waste
[[Page 22]]
that has a heating value less than 5,000 Btu/lb, as-generated, (except
that the heating value of a waste as-generated may be increased to above
the 5,000 Btu/lb limit by bona fide treatment; however, blending to
augment the heating value to meet the 5,000 Btu/lb limit is prohibited
and records must be kept to document that impermissible blending has not
occurred) in a boiler or industrial furnace, except that:
(i) Hazardous waste may be burned solely as an ingredient; or
(ii) Hazardous waste may be burned for purposes of compliance
testing (or testing prior to compliance testing) for a total period of
time not to exceed 720 hours; or
(iii) Such waste may be burned if the Director has documentation to
show that, prior to August 21, 1991:
(A) The boiler or industrial furnace is operating under the interim
status standards for incinerators provided by subpart O of part 265 of
this chapter, or the interim status standards for thermal treatment
units provided by subpart P of part 265 of this chapter; and
(B) The boiler or industrial furnace met the interim status
eligibility requirements under Sec. 270.70 of this chapter for subpart
O or subpart P of part 265 of this chapter; and
(C) Hazardous waste with a heating value less than 5,000 Btu/lb was
burned prior to that date; or
(iv) Such waste may be burned in a halogen acid furnace if the waste
was burned as an excluded ingredient under Sec. 261.2(e) of this
chapter prior to February 21, 1991 and documentation is kept on file
supporting this claim.
(7) Direct transfer to the burner. If hazardous waste is directly
transferred from a transport vehicle to a boiler or industrial furnace
without the use of a storage unit, the owner and operator must comply
with Sec. 266.111.
(b) Certification of precompliance--(1) General. The owner or
operator must provide complete and accurate information specified in
paragraph (b)(2) of this section to the Director on or before August 21,
1991, and must establish limits for the operating parameters specified
in paragraph (b)(3) of this section. Such information is termed a
``certification of precompliance'' and constitutes a certification that
the owner or operator has determined that, when the facility is operated
within the limits specified in paragraph (b)(3) of this section, the
owner or operator believes that, using best engineering judgment,
emissions of particulate matter, metals, and HCl and Cl2 are
not likely to exceed the limits provided by Sec. Sec. 266.105, 266.106,
and 266.107. The facility may burn hazardous waste only under the
operating conditions that the owner or operator establishes under
paragraph (b)(3) of this section until the owner or operator submits a
revised certification of precompliance under paragraph (b)(8) of this
section or a certification of compliance under paragraph (c) of this
section, or until a permit is issued.
(2) Information required. The following information must be
submitted with the certification of precompliance to support the
determination that the limits established for the operating parameters
identified in paragraph (b)(3) of this section are not likely to result
in an exceedance of the allowable emission rates for particulate matter,
metals, and HCl and Cl2.
(i) General facility information:
(A) EPA facility ID number;
(B) Facility name, contact person, telephone number, and address;
(C) Description of boilers and industrial furnaces burning hazardous
waste, including type and capacity of device;
(D) A scaled plot plan showing the entire facility and location of
the boilers and industrial furnaces burning hazardous waste; and
(E) A description of the air pollution control system on each device
burning hazardous waste, including the temperature of the flue gas at
the inlet to the particulate matter control system.
(ii) Except for facilities complying with the Tier I or Adjusted
Tier I feed rate screening limits for metals or total chlorine and
chloride provided by Sec. Sec. 266.106 (b) or (e) and 266.107 (b)(1) or
(e), respectively, the estimated uncontrolled (at the inlet to the air
pollution control system) emissions of particulate matter, each metal
controlled by Sec. 266.106, and hydrogen chloride and chlorine, and the
following information to support such determinations:
[[Page 23]]
(A) The feed rate (lb/hr) of ash, chlorine, antimony, arsenic,
barium, beryllium, cadmium, chromium, lead, mercury, silver, and
thallium in each feedstream (hazardous waste, other fuels, industrial
furnace feedstocks);
(B) The estimated partitioning factor to the combustion gas for the
materials identified in paragraph (b)(2)(ii)(A) of this section and the
basis for the estimate and an estimate of the partitioning to HCl and
Cl2 of total chloride and chlorine in feed materials. To
estimate the partitioning factor, the owner or operator must use either
best engineering judgment or the procedures specified in appendix IX of
this part.
(C) For industrial furnaces that recycle collected particulate
matter (PM) back into the furnace and that will certify compliance with
the metals emissions standards under paragraph (c)(3)(ii)(A), the
estimated enrichment factor for each metal. To estimate the enrichment
factor, the owner or operator must use either best engineering judgment
or the procedures specified in ``Alternative Methodology for
Implementing Metals Controls'' in appendix IX of this part.
(D) If best engineering judgment is used to estimate partitioning
factors or enrichment factors under paragraphs (b)(2)(ii)(B) or
(b)(2)(ii)(C) respectively, the basis for the judgment. When best
engineering judgment is used to develop or evaluate data or information
and make determinations under this section, the determinations must be
made by a qualified, registered professional engineer and a
certification of his/her determinations in accordance with Sec.
270.11(d) of this chapter must be provided in the certification of
precompliance.
(iii) For facilities complying with the Tier I or Adjusted Tier I
feed rate screening limits for metals or total chlorine and chloride
provided by Sec. Sec. 266.106 (b) or (e) and 266.107 (b)(1) or (e), the
feed rate (lb/hr) of total chloride and chlorine, antimony, arsenic,
barium, beryllium, cadmium, chromium, lead, mercury, silver, and
thallium in each feed stream (hazardous waste, other fuels, industrial
furnace feedstocks).
(iv) For facilities complying with the Tier II or Tier III emission
limits for metals or HCl and Cl2 (under Sec. Sec. 266.106
(c) or (d) or 266.107(b)(2) or (c)), the estimated controlled (outlet of
the air pollution control system) emissions rates of particulate matter,
each metal controlled by Sec. 266.106, and HCl and Cl2, and
the following information to support such determinations:
(A) The estimated air pollution control system (APCS) removal
efficiency for particulate matter, HCl, Cl2, antimony,
arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver,
and thallium.
(B) To estimate APCS removal efficiency, the owner or operator must
use either best engineering judgment or the procedures prescribed in
appendix IX of this part.
(C) If best engineering judgment is used to estimate APCS removal
efficiency, the basis for the judgment. Use of best engineering judgment
must be in conformance with provisions of paragraph (b)(2)(ii)(D) of
this section.
(v) Determination of allowable emissions rates for HCl,
Cl2, antimony, arsenic, barium, beryllium, cadmium, chromium,
lead, mercury, silver, and thallium, and the following information to
support such determinations:
(A) For all facilities:
(1) Physical stack height;
(2) Good engineering practice stack height as defined by 40 CFR
51.100(ii);
(3) Maximum flue gas flow rate;
(4) Maximum flue gas temperature;
(5) Attach a US Geological Service topographic map (or equivalent)
showing the facility location and surrounding land within 5 km of the
facility;
(6) Identify terrain type: complex or noncomplex; and
(7) Identify land use: urban or rural.
(B) For owners and operators using Tier III site specific dispersion
modeling to determine allowable levels under Sec. 266.106(d) or Sec.
266.107(c), or adjusted Tier I feed rate screening limits under
Sec. Sec. 266.106(e) or 266.107(e):
(1) Dispersion model and version used;
(2) Source of meteorological data;
(3) The dilution factor in micrograms per cubic meter per gram per
second of
[[Page 24]]
emissions for the maximum annual average off-site (unless on-site is
required) ground level concentration (MEI location); and
(4) Indicate the MEI location on the map required under paragraph
(b)(2)(v)(A)(5);
(vi) For facilities complying with the Tier II or III emissions rate
controls for metals or HCl and Cl2, a comparison of the
estimated controlled emissions rates determined under paragraph
(b)(2)(iv) with the allowable emission rates determined under paragraph
(b)(2)(v);
(vii) For facilities complying with the Tier I (or adjusted Tier I)
feed rate screening limits for metals or total chloride and chlorine, a
comparison of actual feed rates of each metal and total chlorine and
chloride determined under paragraph (b)(2)(iii) of this section to the
Tier I allowable feed rates; and
(viii) For industrial furnaces that feed hazardous waste for any
purpose other than solely as an ingredient (as defined by paragraph
(a)(5)(ii) of this section) at any location other than the product
discharge end of the device, documentation of compliance with the
requirements of paragraphs (a)(5)(i) (A), (B), and (C) of this section.
(ix) For industrial furnaces that recycle collected particulate
matter (PM) back into the furnace and that will certify compliance with
the metals emissions standards under paragraph (c)(3)(ii)(A) of this
section:
(A) The applicable particulate matter standard in lb/hr; and
(B) The precompliance limit on the concentration of each metal in
collected PM.
(3) Limits on operating conditions. The owner and operator shall
establish limits on the following parameters consistent with the
determinations made under paragraph (b)(2) of this section and certify
(under provisions of paragraph (b)(9) of this section) to the Director
that the facility will operate within the limits during interim status
when there is hazardous waste in the unit until revised certification of
precompliance under paragraph (b)(8) of this section or certification of
compliance under paragraph (c) of this section:
(i) Feed rate of total hazardous waste and (unless complying with
the Tier I or adjusted Tier I metals feed rate screening limits under
Sec. 266.106 (b) or (e)) pumpable hazardous waste;
(ii) Feed rate of each metal in the following feed streams:
(A) Total feed streams, except that industrial furnaces that comply
with the alternative metals implementation approach under paragraph
(b)(4) of this section must specify limits on the concentration of each
metal in collected particulate matter in lieu of feed rate limits for
total feedstreams;
(B) Total hazardous waste feed, unless complying with the Tier I or
Adjusted Tier I metals feed rate screening limits under Sec. 266.106
(b) or (e); and
(C) Total pumpable hazardous waste feed, unless complying with the
Tier I or adjusted Tier I metals feed rate screening limits under Sec.
266.106 (b) or (e);
(iii) Total feed rate of chlorine and chloride in total feed
streams;
(iv) Total feed rate of ash in total feed streams, except that the
ash feed rate for cement kilns and light-weight aggregate kilns is not
limited; and
(v) Maximum production rate of the device in appropriate units when
producing normal product, unless complying with the Tier I or Adjusted
Tier I feed rate screening limits for chlorine under Sec. 266.107
(b)(1) or (e) and for all metals under Sec. 266.106 (b) or (e), and the
uncontrolled particulate emissions do not exceed the standard under
Sec. 266.105.
(4) Operating requirements for furnaces that recycle PM. Owners and
operators of furnaces that recycle collected particulate matter (PM)
back into the furnace and that will certify compliance with the metals
emissions controls under paragraph (c)(3)(ii)(A) of this section must
comply with the special operating requirements provided in ``Alternative
Methodology for Implementing Metals Controls'' in appendix IX of this
part.
(5) Measurement of feed rates and production rate--(i) General
requirements. Limits on each of the parameters specified in paragraph
(b)(3) of this section (except for limits on metals concentrations in
collected particulate matter (PM) for industrial furnaces that recycle
collected PM) shall be established
[[Page 25]]
and continuously monitored under either of the following methods:
(A) Instantaneous limits. A limit for a parameter may be established
and continuously monitored and recorded on an instantaneous basis (i.e.,
the value that occurs at any time) not to be exceeded at any time; or
(B) Hourly rolling average limits. A limit for a parameter may be
established and continuously monitored on an hourly rolling average
basis defined as follows:
(1) A continuous monitor is one which continuously samples the
regulated parameter without interruption, and evaluates the detector
response at least once each 15 seconds, and computes and records the
average value at least every 60 seconds.
(2) An hourly rolling average is the arithmetic mean of the 60 most
recent 1-minute average values recorded by the continuous monitoring
system.
(ii) Rolling average limits for carcinogenic metals and lead. Feed
rate limits for the carcinogenic metals (arsenic, beryllium, cadmium,
and chromium) and lead may be established either on an hourly rolling
average basis as prescribed by paragraph (b)(5)(i)(B) or on (up to) a 24
hour rolling average basis. If the owner or operator elects to use an
averaging period from 2 to 24 hours:
(A) The feed rate of each metal shall be limited at any time to ten
times the feed rate that would be allowed on an hourly rolling average
basis;
(B) The continuous monitor shall meet the following specifications:
(1) A continuous monitor is one which continuously samples the
regulated parameter without interruption, and evaluates the detector
response at least once each 15 seconds, and computes and records the
average value at least every 60 seconds.
(2) The rolling average for the selected averaging period is defined
as the arithmetic mean of one hour block averages for the averaging
period. A one hour block average is the arithmetic mean of the one
minute averages recorded during the 60-minute period beginning at one
minute after the beginning of preceding clock hour.
(iii) Feed rate limits for metals, total chloride and chlorine, and
ash. Feed rate limits for metals, total chlorine and chloride, and ash
are established and monitored by knowing the concentration of the
substance (i.e., metals, chloride/chlorine, and ash) in each feedstream
and the flow rate of the feedstream. To monitor the feed rate of these
substances, the flow rate of each feedstream must be monitored under the
continuous monitoring requirements of paragraphs (b)(5) (i) and (ii) of
this section.
(6) Public notice requirements at precompliance. On or before August
21, 1991 the owner or operator must submit a notice with the following
information for publication in a major local newspaper of general
circulation and send a copy of the notice to the appropriate units of
State and local government. The owner and operator must provide to the
Director with the certification of precompliance evidence of submitting
the notice for publication. The notice, which shall be entitled ``Notice
of Certification of Precompliance with Hazardous Waste Burning
Requirements of 40 CFR 266.103(b)'', must include:
(i) Name and address of the owner and operator of the facility as
well as the location of the device burning hazardous waste;
(ii) Date that the certification of precompliance is submitted to
the Director;
(iii) Brief description of the regulatory process required to comply
with the interim status requirements of this section including required
emissions testing to demonstrate conformance with emissions standards
for organic compounds, particulate matter, metals, and HCl and
Cl2;
(iv) Types and quantities of hazardous waste burned including, but
not limited to, source, whether solids or liquids, as well as an
appropriate description of the waste;
(v) Type of device(s) in which the hazardous waste is burned
including a physical description and maximum production rate of each
device;
(vi) Types and quantities of other fuels and industrial furnace
feedstocks fed to each unit;
(vii) Brief description of the basis for this certification of
precompliance as specified in paragraph (b)(2) of this section;
[[Page 26]]
(viii) Locations where the record for the facility can be viewed and
copied by interested parties. These records and locations shall at a
minimum include:
(A) The administrative record kept by the Agency office where the
supporting documentation was submitted or another location designated by
the Director; and
(B) The BIF correspondence file kept at the facility site where the
device is located. The correspondence file must include all
correspondence between the facility and the Director, State and local
regulatory officials, including copies of all certifications and
notifications, such as the precompliance certification, precompliance
public notice, notice of compliance testing, compliance test report,
compliance certification, time extension requests and approvals or
denials, enforcement notifications of violations, and copies of EPA and
State site visit reports submitted to the owner or operator.
(ix) Notification of the establishment of a facility mailing list
whereby interested parties shall notify the Agency that they wish to be
placed on the mailing list to receive future information and notices
about this facility; and
(x) Location (mailing address) of the applicable EPA Regional
Office, Hazardous Waste Division, where further information can be
obtained on EPA regulation of hazardous waste burning.
(7) Monitoring other operating parameters. When the monitoring
systems for the operating parameters listed in paragraphs (c)(1) (v
through xiii) of this section are installed and operating in conformance
with vendor specifications or (for CO, HC, and oxygen) specifications
provided by appendix IX of this part, as appropriate, the parameters
shall be continuously monitored and records shall be maintained in the
operating record.
(8) Revised certification of precompliance. The owner or operator
may revise at any time the information and operating conditions
documented under paragraphs (b)(2) and (b)(3) of this section in the
certification of precompliance by submitting a revised certification of
precompliance under procedures provided by those paragraphs.
(i) The public notice requirements of paragraph (b)(6) of this
section do not apply to recertifications.
(ii) The owner and operator must operate the facility within the
limits established for the operating parameters under paragraph (b)(3)
of this section until a revised certification is submitted under this
paragraph or a certification of compliance is submitted under paragraph
(c) of this section.
(9) Certification of precompliance statement. The owner or operator
must include the following signed statement with the certification of
precompliance submitted to the Director:
``I certify under penalty of law that this information was prepared
under my direction or supervision in accordance with a system designed
to ensure that qualified personnel properly gathered and evaluated the
information and supporting documentation. Copies of all emissions tests,
dispersion modeling results and other information used to determine
conformance with the requirements of Sec. 266.103(b) are available at
the facility and can be obtained from the facility contact person listed
above. Based on my inquiry of the person or persons who manages the
facility, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.
I also acknowledge that the operating limits established in this
certification pursuant to Sec. 266.103(b) (3) and (4) are enforceable
limits at which the facility can legally operate during interim status
until: (1) A revised certification of precompliance is submitted, (2) a
certification of compliance is submitted, or (3) an operating permit is
issued.''
(c) Certification of compliance. The owner or operator shall conduct
emissions testing to document compliance with the emissions standards of
Sec. Sec. 266.104 (b) through (e), 266.105, 266.106, 266.107, and
paragraph (a)(5)(i)(D) of this section, under the procedures prescribed
by this paragraph, except under extensions of time provided by paragraph
(c)(7). Based on the compliance test, the owner or operator shall submit
to the Director on or before August
[[Page 27]]
21, 1992 a complete and accurate ``certification of compliance'' (under
paragraph (c)(4) of this section) with those emission standards
establishing limits on the operating parameters specified in paragraph
(c)(1).
(1) Limits on operating conditions. The owner or operator shall
establish limits on the following parameters based on operations during
the compliance test (under procedures prescribed in paragraph (c)(4)(iv)
of this section) or as otherwise specified and include these limits with
the certification of compliance. The boiler or industrial furnace must
be operated in accordance with these operating limits and the applicable
emissions standards of Sec. Sec. 266.104(b) through (e), 266.105,
266.106, 266.107, and 266.103(a)(5)(i)(D) at all times when there is
hazardous waste in the unit.
(i) Feed rate of total hazardous waste and (unless complying with
the Tier I or adjusted Tier I metals feed rate screening limits under
Sec. 266.106(b) or (e)), pumpable hazardous waste;
(ii) Feed rate of each metal in the following feedstreams:
(A) Total feedstreams, except that:
(1) Facilities that comply with Tier I or Adjusted Tier I metals
feed rate screening limits may set their operating limits at the metals
feed rate screening limits determined under Sec. 266.106(b) or (e); and
(2) Industrial furnaces that must comply with the alternative metals
implementation approach under paragraph (c)(3)(ii) of this section must
specify limits on the concentration of each metal in the collected
particulate matter in lieu of feed rate limits for total feedstreams;
(B) Total hazardous waste feed (unless complying with the Tier I or
Adjusted Tier I metals feed rate screening limits under Sec. 266.106(b)
or (e)); and
(C) Total pumpable hazardous waste feed (unless complying with the
Tier I or Adjusted Tier I metals feed rate screening limits under Sec.
266.106(b) or (e));
(iii) Total feed rate of chlorine and chloride in total feed
streams, except that facilities that comply with Tier I or Adjusted Tier
I feed rate screening limits may set their operating limits at the total
chlorine and chloride feed rate screening limits determined under Sec.
266.107(b)(1) or (e);
(iv) Total feed rate of ash in total feed streams, except that the
ash feed rate for cement kilns and light-weight aggregate kilns is not
limited;
(v) Carbon monoxide concentration, and where required, hydrocarbon
concentration in stack gas. When complying with the CO controls of Sec.
266.104(b), the CO limit is 100 ppmv, and when complying with the HC
controls of Sec. 266.104(c), the HC limit is 20 ppmv. When complying
with the CO controls of Sec. 266.104(c), the CO limit is established
based on the compliance test;
(vi) Maximum production rate of the device in appropriate units when
producing normal product, unless complying with the Tier I or Adjusted
Tier I feed rate screening limits for chlorine under Sec. 266.107(b)(1)
or (e) and for all metals under Sec. 266.106(b) or (e), and the
uncontrolled particulate emissions do not exceed the standard under
Sec. 266.105;
(vii) Maximum combustion chamber temperature where the temperature
measurement is as close to the combustion zone as possible and is
upstream of any quench water injection (unless complying with the Tier I
or Adjusted Tier I metals feed rate screening limits under Sec.
266.106(b) or (e));
(viii) Maximum flue gas temperature entering a particulate matter
control device (unless complying with Tier I or Adjusted Tier I metals
feed rate screening limits under Sec. 266.106(b) or (e) and the total
chlorine and chloride feed rate screening limits under Sec. 266.107(b)
or (e));
(ix) For systems using wet scrubbers, including wet ionizing
scrubbers (unless complying with the Tier I or Adjusted Tier I metals
feed rate screening limits under Sec. 266.106(b) or (e) and the total
chlorine and chloride feed rate screening limits under Sec.
266.107(b)(1) or (e)):
(A) Minimum liquid to flue gas ratio;
(B) Minimum scrubber blowdown from the system or maximum suspended
solids content of scrubber water; and
(C) Minimum pH level of the scrubber water;
(x) For systems using venturi scrubbers, the minimum differential
gas
[[Page 28]]
pressure across the venturi (unless complying with the Tier I or
Adjusted Tier I metals feed rate screening limits under Sec. 266.106(b)
or (e) and the total chlorine and chloride feed rate screening limits
under Sec. 266.107(b)(1) or (e));
(xi) For systems using dry scrubbers (unless complying with the Tier
I or Adjusted Tier I metals feed rate screening limits under Sec.
266.106(b) or (e) and the total chlorine and chloride feed rate
screening limits under Sec. 266.107(b)(1) or (e)):
(A) Minimum caustic feed rate; and
(B) Maximum flue gas flow rate;
(xii) For systems using wet ionizing scrubbers or electrostatic
precipitators (unless complying with the Tier I or Adjusted Tier I
metals feed rate screening limits under Sec. 266.106(b) or (e) and the
total chlorine and chloride feed rate screening limits under Sec.
266.107(b)(1) or (e)):
(A) Minimum electrical power in kilovolt amperes (kVA) to the
precipitator plates; and
(B) Maximum flue gas flow rate;
(xiii) For systems using fabric filters (baghouses), the minimum
pressure drop (unless complying with the Tier I or Adjusted Tier I metal
feed rate screening limits under Sec. 266.106(b) or (e) and the total
chlorine and chloride feed rate screening limits under Sec.
266.107(b)(1) or (e)).
(2) Prior notice of compliance testing. At least 30 days prior to
the compliance testing required by paragraph (c)(3) of this section, the
owner or operator shall notify the Director and submit the following
information:
(i) General facility information including:
(A) EPA facility ID number;
(B) Facility name, contact person, telephone number, and address;
(C) Person responsible for conducting compliance test, including
company name, address, and telephone number, and a statement of
qualifications;
(D) Planned date of the compliance test;
(ii) Specific information on each device to be tested including:
(A) Description of boiler or industrial furnace;
(B) A scaled plot plan showing the entire facility and location of
the boiler or industrial furnace;
(C) A description of the air pollution control system;
(D) Identification of the continuous emission monitors that are
installed, including:
(1) Carbon monoxide monitor;
(2) Oxygen monitor;
(3) Hydrocarbon monitor, specifying the minimum temperature of the
system and, if the temperature is less than 150 [deg]C, an explanation
of why a heated system is not used (see paragraph (c)(5) of this
section) and a brief description of the sample gas conditioning system;
(E) Indication of whether the stack is shared with another device
that will be in operation during the compliance test;
(F) Other information useful to an understanding of the system
design or operation.
(iii) Information on the testing planned, including a complete copy
of the test protocol and Quality Assurance/Quality Control (QA/QC) plan,
and a summary description for each test providing the following
information at a minimum:
(A) Purpose of the test (e.g., demonstrate compliance with emissions
of particulate matter); and
(B) Planned operating conditions, including levels for each
pertinent parameter specified in paragraph (c)(1) of this section.
(3) Compliance testing--(i) General. Compliance testing must be
conducted under conditions for which the owner or operator has submitted
a certification of precompliance under paragraph (b) of this section and
under conditions established in the notification of compliance testing
required by paragraph (c)(2) of this section. The owner or operator may
seek approval on a case-by-case basis to use compliance test data from
one unit in lieu of testing a similar onsite unit. To support the
request, the owner or operator must provide a comparison of the
hazardous waste burned and other feedstreams, and the design, operation,
and maintenance of both the tested unit and the similar unit. The
Director shall provide a written approval to use compliance test data in
lieu of testing
[[Page 29]]
a similar unit if he finds that the hazardous wastes, the devices, and
the operating conditions are sufficiently similar, and the data from the
other compliance test is adequate to meet the requirements of Sec.
266.103(c).
(ii) Special requirements for industrial furnaces that recycle
collected PM. Owners and operators of industrial furnaces that recycle
back into the furnace particulate matter (PM) from the air pollution
control system must comply with one of the following procedures for
testing to determine compliance with the metals standards of Sec.
266.106(c) or (d):
(A) The special testing requirements prescribed in ``Alternative
Method for Implementing Metals Controls'' in appendix IX of this part;
or
(B) Stack emissions testing for a minimum of 6 hours each day while
hazardous waste is burned during interim status. The testing must be
conducted when burning normal hazardous waste for that day at normal
feed rates for that day and when the air pollution control system is
operated under normal conditions. During interim status, hazardous waste
analysis for metals content must be sufficient for the owner or operator
to determine if changes in metals content may affect the ability of the
facility to meet the metals emissions standards established under Sec.
266.106(c) or (d). Under this option, operating limits (under paragraph
(c)(1) of this section) must be established during compliance testing
under paragraph (c)(3) of this section only on the following parameters;
(1) Feed rate of total hazardous waste;
(2) Total feed rate of chlorine and chloride in total feed streams;
(3) Total feed rate of ash in total feed streams, except that the
ash feed rate for cement kilns and light-weight aggregate kilns is not
limited;
(4) Carbon monoxide concentration, and where required, hydrocarbon
concentration in stack gas;
(5) Maximum production rate of the device in appropriate units when
producing normal product; or
(C) Conduct compliance testing to determine compliance with the
metals standards to establish limits on the operating parameters of
paragraph (c)(1) of this section only after the kiln system has been
conditioned to enable it to reach equilibrium with respect to metals fed
into the system and metals emissions. During conditioning, hazardous
waste and raw materials having the same metals content as will be fed
during the compliance test must be fed at the feed rates that will be
fed during the compliance test.
(iii) Conduct of compliance testing. (A) If compliance with all
applicable emissions standards of Sec. Sec. 266.104 through 266.107 is
not demonstrated simultaneously during a set of test runs, the operating
conditions of additional test runs required to demonstrate compliance
with remaining emissions standards must be as close as possible to the
original operating conditions.
(B) Prior to obtaining test data for purposes of demonstrating
compliance with the applicable emissions standards of Sec. Sec. 266.104
through 266.107 or establishing limits on operating parameters under
this section, the facility must operate under compliance test conditions
for a sufficient period to reach steady-state operations. Industrial
furnaces that recycle collected particulate matter back into the furnace
and that comply with paragraphs (c)(3)(ii)(A) or (B) of this section,
however, need not reach steady state conditions with respect to the flow
of metals in the system prior to beginning compliance testing for
metals.
(C) Compliance test data on the level of an operating parameter for
which a limit must be established in the certification of compliance
must be obtained during emissions sampling for the pollutant(s) (i.e.,
metals, PM, HCl/Cl2, organic compounds) for which the
parameter must be established as specified by paragraph (c)(1) of this
section.
(4) Certification of compliance. Within 90 days of completing
compliance testing, the owner or operator must certify to the Director
compliance with the emissions standards of Sec. Sec. 266.104 (b), (c),
and (e), 266.105, 266.106, 266.107, and paragraph (a)(5)(i)(D) of this
section. The certification of compliance must include the following
information:
(i) General facility and testing information including:
(A) EPA facility ID number;
[[Page 30]]
(B) Facility name, contact person, telephone number, and address;
(C) Person responsible for conducting compliance testing, including
company name, address, and telephone number, and a statement of
qualifications;
(D) Date(s) of each compliance test;
(E) Description of boiler or industrial furnace tested;
(F) Person responsible for quality assurance/quality control (QA/
QC), title, and telephone number, and statement that procedures
prescribed in the QA/QC plan submitted under Sec. 266.103(c)(2)(iii)
have been followed, or a description of any changes and an explanation
of why changes were necessary.
(G) Description of any changes in the unit configuration prior to or
during testing that would alter any of the information submitted in the
prior notice of compliance testing under paragraph (c)(2) of this
section, and an explanation of why the changes were necessary;
(H) Description of any changes in the planned test conditions prior
to or during the testing that alter any of the information submitted in
the prior notice of compliance testing under paragraph (c)(2) of this
section, and an explanation of why the changes were necessary; and
(I) The complete report on results of emissions testing.
(ii) Specific information on each test including:
(A) Purpose(s) of test (e.g., demonstrate conformance with the
emissions limits for particulate matter, metals, HCl, Cl2,
and CO)
(B) Summary of test results for each run and for each test including
the following information:
(1) Date of run;
(2) Duration of run;
(3) Time-weighted average and highest hourly rolling average CO
level for each run and for the test;
(4) Highest hourly rolling average HC level, if HC monitoring is
required for each run and for the test;
(5) If dioxin and furan testing is required under Sec. 266.104(e),
time-weighted average emissions for each run and for the test of
chlorinated dioxin and furan emissions, and the predicted maximum annual
average ground level concentration of the toxicity equivalency factor;
(6) Time-weighted average particulate matter emissions for each run
and for the test;
(7) Time-weighted average HCl and Cl2 emissions for each
run and for the test;
(8) Time-weighted average emissions for the metals subject to
regulation under Sec. 266.106 for each run and for the test; and
(9) QA/QC results.
(iii) Comparison of the actual emissions during each test with the
emissions limits prescribed by Sec. Sec. 266.104 (b), (c), and (e),
266.105, 266.106, and 266.107 and established for the facility in the
certification of precompliance under paragraph (b) of this section.
(iv) Determination of operating limits based on all valid runs of
the compliance test for each applicable parameter listed in paragraph
(c)(1) of this section using either of the following procedures:
(A) Instantaneous limits. A parameter may be measured and recorded
on an instantaneous basis (i.e., the value that occurs at any time) and
the operating limit specified as the time-weighted average during all
runs of the compliance test; or
(B) Hourly rolling average basis. (1) The limit for a parameter may
be established and continuously monitored on an hourly rolling average
basis defined as follows:
(i) A continuous monitor is one which continuously samples the
regulated parameter without interruption, and evaluates the detector
response at least once each 15 seconds, and computes and records the
average value at least every 60 seconds.
(ii) An hourly rolling average is the arithmetic mean of the 60 most
recent 1-minute average values recorded by the continuous monitoring
system.
(2) The operating limit for the parameter shall be established based
on compliance test data as the average over all test runs of the highest
hourly rolling average value for each run.
(C) Rolling average limits for carcinogenic metals and lead. Feed
rate limits
[[Page 31]]
for the carcinogenic metals (i.e., arsenic, beryllium, cadmium and
chromium) and lead may be established either on an hourly rolling
average basis as prescribed by paragraph (c)(4)(iv)(B) of this section
or on (up to) a 24 hour rolling average basis. If the owner or operator
elects to use an averaging period from 2 to 24 hours:
(1) The feed rate of each metal shall be limited at any time to ten
times the feed rate that would be allowed on an hourly rolling average
basis;
(2) The continuous monitor shall meet the following specifications:
(i) A continuous monitor is one which continuously samples the
regulated parameter without interruption, and evaluates the detector
response at least once each 15 seconds, and computes and records the
average value at least every 60 seconds.
(ii) The rolling average for the selected averaging period is
defined as arithmetic mean of one hour block averages for the averaging
period. A one hour block average is the arithmetic mean of the one
minute averages recorded during the 60-minute period beginning at one
minute after the beginning of preceding clock hour; and
(3) The operating limit for the feed rate of each metal shall be
established based on compliance test data as the average over all test
runs of the highest hourly rolling average feed rate for each run.
(D) Feed rate limits for metals, total chloride and chlorine, and
ash. Feed rate limits for metals, total chlorine and chloride, and ash
are established and monitored by knowing the concentration of the
substance (i.e., metals, chloride/chlorine, and ash) in each feedstream
and the flow rate of the feedstream. To monitor the feed rate of these
substances, the flow rate of each feedstream must be monitored under the
continuous monitoring requirements of paragraphs (c)(4)(iv) (A) through
(C) of this section.
(v) Certification of compliance statement. The following statement
shall accompany the certification of compliance:
``I certify under penalty of law that this information was prepared
under my direction or supervision in accordance with a system designed
to ensure that qualified personnel properly gathered and evaluated the
information and supporting documentation. Copies of all emissions tests,
dispersion modeling results and other information used to determine
conformance with the requirements of Sec. 266.103(c) are available at
the facility and can be obtained from the facility contact person listed
above. Based on my inquiry of the person or persons who manages the
facility, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.
I also acknowledge that the operating conditions established in this
certification pursuant to Sec. 266.103(c)(4)(iv) are enforceable limits
at which the facility can legally operate during interim status until a
revised certification of compliance is submitted.''
(5) Special requirements for HC monitoring systems. When an owner or
operator is required to comply with the hydrocarbon (HC) controls
provided by Sec. 266.104(c) or paragraph (a)(5)(i)(D) of this section,
a conditioned gas monitoring system may be used in conformance with
specifications provided in appendix IX of this part provided that the
owner or operator submits a certification of compliance without using
extensions of time provided by paragraph (c)(7) of this section.
(6) Special operating requirements for industrial furnaces that
recycle collected PM. Owners and operators of industrial furnaces that
recycle back into the furnace particulate matter (PM) from the air
pollution control system must:
(i) When complying with the requirements of paragraph (c)(3)(ii)(A)
of this section, comply with the operating requirements prescribed in
``Alternative Method to Implement the Metals Controls'' in appendix IX
of this part; and
(ii) When complying with the requirements of paragraph (c)(3)(ii)(B)
of this section, comply with the operating requirements prescribed by
that paragraph.
(7) Extensions of time. (i) If the owner or operator does not submit
a complete certification of compliance for all of the applicable
emissions standards of Sec. Sec. 266.104, 266.105, 266.106, and 266.107
by August 21, 1992, he/she must either:
[[Page 32]]
(A) Stop burning hazardous waste and begin closure activities under
paragraph (l) of this section for the hazardous waste portion of the
facility; or
(B) Limit hazardous waste burning only for purposes of compliance
testing (and pretesting to prepare for compliance testing) a total
period of 720 hours for the period of time beginning August 21, 1992,
submit a notification to the Director by August 21, 1992 stating that
the facility is operating under restricted interim status and intends to
resume burning hazardous waste, and submit a complete certification of
compliance by August 23, 1993; or
(C) Obtain a case-by-case extension of time under paragraph
(c)(7)(ii) of this section.
(ii) The owner or operator may request a case-by-case extension of
time to extend any time limit provided by paragraph (c) of this section
if compliance with the time limit is not practicable for reasons beyond
the control of the owner or operator.
(A) In granting an extension, the Director may apply conditions as
the facts warrant to ensure timely compliance with the requirements of
this section and that the facility operates in a manner that does not
pose a hazard to human health and the environment;
(B) When an owner or operator requests an extension of time to
enable the facility to comply with the alternative hydrocarbon
provisions of Sec. 266.104(f) and obtain a RCRA operating permit
because the facility cannot meet the HC limit of Sec. 266.104(c) of
this chapter:
(1) The Director shall, in considering whether to grant the
extension:
(i) Determine whether the owner and operator have submitted in a
timely manner a complete part B permit application that includes
information required under Sec. 270.22(b) of this chapter; and
(ii) Consider whether the owner and operator have made a good faith
effort to certify compliance with all other emission controls, including
the controls on dioxins and furans of Sec. 266.104(e) and the controls
on PM, metals, and HCl/Cl2.
(2) If an extension is granted, the Director shall, as a condition
of the extension, require the facility to operate under flue gas
concentration limits on CO and HC that, based on available information,
including information in the part B permit application, are baseline CO
and HC levels as defined by Sec. 266.104(f)(1).
(8) Revised certification of compliance. The owner or operator may
submit at any time a revised certification of compliance
(recertification of compliance) under the following procedures:
(i) Prior to submittal of a revised certification of compliance,
hazardous waste may not be burned for more than a total of 720 hours
under operating conditions that exceed those established under a current
certification of compliance, and such burning may be conducted only for
purposes of determining whether the facility can operate under revised
conditions and continue to meet the applicable emissions standards of
Sec. Sec. 266.104, 266.105, 266.106, and 266.107;
(ii) At least 30 days prior to first burning hazardous waste under
operating conditions that exceed those established under a current
certification of compliance, the owner or operator shall notify the
Director and submit the following information:
(A) EPA facility ID number, and facility name, contact person,
telephone number, and address;
(B) Operating conditions that the owner or operator is seeking to
revise and description of the changes in facility design or operation
that prompted the need to seek to revise the operating conditions;
(C) A determination that when operating under the revised operating
conditions, the applicable emissions standards of Sec. Sec. 266.104,
266.105, 266.106, and 266.107 are not likely to be exceeded. To document
this determination, the owner or operator shall submit the applicable
information required under paragraph (b)(2) of this section; and
(D) Complete emissions testing protocol for any pretesting and for a
new compliance test to determine compliance with the applicable
emissions standards of Sec. Sec. 266.104, 266.105, 266.106, and 266.107
when operating under revised operating conditions. The protocol shall
include a schedule of pre-testing and compliance testing. If the
[[Page 33]]
owner and operator revises the scheduled date for the compliance test,
he/she shall notify the Director in writing at least 30 days prior to
the revised date of the compliance test;
(iii) Conduct a compliance test under the revised operating
conditions and the protocol submitted to the Director to determine
compliance with the applicable emissions standards of Sec. Sec.
266.104, 266.105, 266.106, and 266.107; and
(iv) Submit a revised certification of compliance under paragraph
(c)(4) of this section.
(d) Periodic Recertifications. The owner or operator must conduct
compliance testing and submit to the Director a recertification of
compliance under provisions of paragraph (c) of this section within five
years from submitting the previous certification or recertification. If
the owner or operator seeks to recertify compliance under new operating
conditions, he/she must comply with the requirements of paragraph (c)(8)
of this section.
(e) Noncompliance with certification schedule. If the owner or
operator does not comply with the interim status compliance schedule
provided by paragraphs (b), (c), and (d) of this section, hazardous
waste burning must terminate on the date that the deadline is missed,
closure activities must begin under paragraph (l) of this section, and
hazardous waste burning may not resume except under an operating permit
issued under Sec. 270.66 of this chapter. For purposes of compliance
with the closure provisions of paragraph (l) of this section and
Sec. Sec. 265.112(d)(2) and 265.113 of this chapter the boiler or
industrial furnace has received ``the known final volume of hazardous
waste'' on the date that the deadline is missed.
(f) Start-up and shut-down. Hazardous waste (except waste fed solely
as an ingredient under the Tier I (or adjusted Tier I) feed rate
screening limits for metals and chloride/chlorine) must not be fed into
the device during start-up and shut-down of the boiler or industrial
furnace, unless the device is operating within the conditions of
operation specified in the certification of compliance.
(g) Automatic waste feed cutoff. During the compliance test required
by paragraph (c)(3) of this section, and upon certification of
compliance under paragraph (c) of this section, a boiler or industrial
furnace must be operated with a functioning system that automatically
cuts off the hazardous waste feed when the applicable operating
conditions specified in paragraphs (c)(1) (i) and (v through xiii) of
this section deviate from those established in the certification of
compliance. In addition:
(1) To minimize emissions of organic compounds, the minimum
combustion chamber temperature (or the indicator of combustion chamber
temperature) that occurred during the compliance test must be maintained
while hazardous waste or hazardous waste residues remain in the
combustion chamber, with the minimum temperature during the compliance
test defined as either:
(i) If compliance with the combustion chamber temperature limit is
based on an hourly rolling average, the minimum temperature during the
compliance test is considered to be the average over all runs of the
lowest hourly rolling average for each run; or
(ii) If compliance with the combustion chamber temperature limit is
based on an instantaneous temperature measurement, the minimum
temperature during the compliance test is considered to be the time-
weighted average temperature during all runs of the test; and
(2) Operating parameters limited by the certification of compliance
must continue to be monitored during the cutoff, and the hazardous waste
feed shall not be restarted until the levels of those parameters comply
with the limits established in the certification of compliance.
(h) Fugitive emissions. Fugitive emissions must be controlled by:
(1) Keeping the combustion zone totally sealed against fugitive
emissions; or
(2) Maintaining the combustion zone pressure lower than atmospheric
pressure; or
(3) An alternate means of control that the owner or operator can
demonstrate provide fugitive emissions control equivalent to maintenance
of combustion zone pressure lower than atmospheric pressure. Support for
such
[[Page 34]]
demonstration shall be included in the operating record.
(i) Changes. A boiler or industrial furnace must cease burning
hazardous waste when changes in combustion properties, or feed rates of
the hazardous waste, other fuels, or industrial furnace feedstocks, or
changes in the boiler or industrial furnace design or operating
conditions deviate from the limits specified in the certification of
compliance.
(j) Monitoring and Inspections. (1) The owner or operator must
monitor and record the following, at a minimum, while burning hazardous
waste:
(i) Feed rates and composition of hazardous waste, other fuels, and
industrial furnace feed stocks, and feed rates of ash, metals, and total
chloride and chlorine as necessary to ensure conformance with the
certification of precompliance or certification of compliance;
(ii) Carbon monoxide (CO), oxygen, and if applicable, hydrocarbons
(HC), on a continuous basis at a common point in the boiler or
industrial furnace downstream of the combustion zone and prior to
release of stack gases to the atmosphere in accordance with the
operating limits specified in the certification of compliance. CO, HC,
and oxygen monitors must be installed, operated, and maintained in
accordance with methods specified in appendix IX of this part.
(iii) Upon the request of the Director, sampling and analysis of the
hazardous waste (and other fuels and industrial furnace feed stocks as
appropriate) and the stack gas emissions must be conducted to verify
that the operating conditions established in the certification of
precompliance or certification of compliance achieve the applicable
standards of Sec. Sec. 266.104, 266.105, 266.106, and 266.107.
(2) The boiler or industrial furnace and associated equipment
(pumps, valves, pipes, fuel storage tanks, etc.) must be subjected to
thorough visual inspection when they contain hazardous waste, at least
daily for leaks, spills, fugitive emissions, and signs of tampering.
(3) The automatic hazardous waste feed cutoff system and associated
alarms must be tested at least once every 7 days when hazardous waste is
burned to verify operability, unless the owner or operator can
demonstrate that weekly inspections will unduly restrict or upset
operations and that less frequent inspections will be adequate. Support
for such demonstration shall be included in the operating record. At a
minimum, operational testing must be conducted at least once every 30
days.
(4) These monitoring and inspection data must be recorded and the
records must be placed in the operating log.
(k) Recordkeeping. The owner or operator must keep in the operating
record of the facility all information and data required by this section
for five years.
(l) Closure. At closure, the owner or operator must remove all
hazardous waste and hazardous waste residues (including, but not limited
to, ash, scrubber waters, and scrubber sludges) from the boiler or
industrial furnace and must comply with Sec. Sec. 265.111-265.115 of
this chapter.
[56 FR 7208, Feb. 21, 1991; 56 FR 32689, July 17, 1991, as amended at 56
FR 42512, 42514, Aug. 27, 1991; 57 FR 38564, Aug. 25, 1992; 57 FR 45000,
Sept. 30, 1992; 60 FR 33913, June 29, 1995; 71 FR 16913, Apr. 4, 2006;
71 FR 40277, July 14, 2006]
Sec. 266.104 Standards to control organic emissions.
(a) DRE standard--(1) General. Except as provided in paragraph
(a)(3) of this section, a boiler or industrial furnace burning hazardous
waste must achieve a destruction and removal efficiency (DRE) of 99.99%
for all organic hazardous constituents in the waste feed. To demonstrate
conformance with this requirement, 99.99% DRE must be demonstrated
during a trial burn for each principal organic hazardous constituent
(POHC) designated (under paragraph (a)(2) of this section) in its permit
for each waste feed. DRE is determined for each POHC from the following
equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.000
where:
Win= Mass feed rate of one principal organic hazardous
constituent (POHC) in the hazardous waste fired to the boiler
or industrial furnace; and
[[Page 35]]
Wout= Mass emission rate of the same POHC present in stack
gas prior to release to the atmosphere.
(2) Designation of POHCs. Principal organic hazardous constituents
(POHCs) are those compounds for which compliance with the DRE
requirements of this section shall be demonstrated in a trial burn in
conformance with procedures prescribed in Sec. 270.66 of this chapter.
One or more POHCs shall be designated by the Director for each waste
feed to be burned. POHCs shall be designated based on the degree of
difficulty of destruction of the organic constituents in the waste and
on their concentrations or mass in the waste feed considering the
results of waste analyses submitted with part B of the permit
application. POHCs are most likely to be selected from among those
compounds listed in part 261, appendix VIII of this chapter that are
also present in the normal waste feed. However, if the applicant
demonstrates to the Regional Administrator's satisfaction that a
compound not listed in appendix VIII or not present in the normal waste
feed is a suitable indicator of compliance with the DRE requirements of
this section, that compound may be designated as a POHC. Such POHCs need
not be toxic or organic compounds.
(3) Dioxin-listed waste. A boiler or industrial furnace burning
hazardous waste containing (or derived from) EPA Hazardous Wastes Nos.
F020, F021, F022, F023, F026, or F027 must achieve a destruction and
removal efficiency (DRE) of 99.9999% for each POHC designated (under
paragraph (a)(2) of this section) in its permit. This performance must
be demonstrated on POHCs that are more difficult to burn than tetra-,
penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is
determined for each POHC from the equation in paragraph (a)(1) of this
section. In addition, the owner or operator of the boiler or industrial
furnace must notify the Director of intent to burn EPA Hazardous Waste
Nos. F020, F021, F022, F023, F026, or F027.
(4) Automatic waiver of DRE trial burn. Owners and operators of
boilers operated under the special operating requirements provided by
Sec. 266.110 are considered to be in compliance with the DRE standard
of paragraph (a)(1) of this section and are exempt from the DRE trial
burn.
(5) Low risk waste. Owners and operators of boilers or industrial
furnaces that burn hazardous waste in compliance with the requirements
of Sec. 266.109(a) are considered to be in compliance with the DRE
standard of paragraph (a)(1) of this section and are exempt from the DRE
trial burn.
(b) Carbon monoxide standard. (1) Except as provided in paragraph
(c) of this section, the stack gas concentration of carbon monoxide (CO)
from a boiler or industrial furnace burning hazardous waste cannot
exceed 100 ppmv on an hourly rolling average basis (i.e., over any 60
minute period), continuously corrected to 7 percent oxygen, dry gas
basis.
(2) CO and oxygen shall be continuously monitored in conformance
with ``Performance Specifications for Continuous Emission Monitoring of
Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial
Furnaces Burning Hazardous Waste'' in appendix IX of this part.
(3) Compliance with the 100 ppmv CO limit must be demonstrated
during the trial burn (for new facilities or an interim status facility
applying for a permit) or the compliance test (for interim status
facilities). To demonstrate compliance, the highest hourly rolling
average CO level during any valid run of the trial burn or compliance
test must not exceed 100 ppmv.
(c) Alternative carbon monoxide standard. (1) The stack gas
concentration of carbon monoxide (CO) from a boiler or industrial
furnace burning hazardous waste may exceed the 100 ppmv limit provided
that stack gas concentrations of hydrocarbons (HC) do not exceed 20
ppmv, except as provided by paragraph (f) of this section for certain
industrial furnaces.
(2) HC limits must be established under this section on an hourly
rolling average basis (i.e., over any 60 minute period), reported as
propane, and continuously corrected to 7 percent oxygen, dry gas basis.
(3) HC shall be continuously monitored in conformance with
``Performance Specifications for Continuous Emission Monitoring of
Hydrocarbons
[[Page 36]]
for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous
Waste'' in appendix IX of this part. CO and oxygen shall be continuously
monitored in conformance with paragraph (b)(2) of this section.
(4) The alternative CO standard is established based on CO data
during the trial burn (for a new facility) and the compliance test (for
an interim status facility). The alternative CO standard is the average
over all valid runs of the highest hourly average CO level for each run.
The CO limit is implemented on an hourly rolling average basis, and
continuously corrected to 7 percent oxygen, dry gas basis.
(d) Special requirements for furnaces. Owners and operators of
industrial furnaces (e.g., kilns, cupolas) that feed hazardous waste for
a purpose other than solely as an ingredient (see Sec.
266.103(a)(5)(ii)) at any location other than the end where products are
normally discharged and where fuels are normally fired must comply with
the hydrocarbon limits provided by paragraphs (c) or (f) of this section
irrespective of whether stack gas CO concentrations meet the 100 ppmv
limit of paragraph (b) of this section.
(e) Controls for dioxins and furans. Owners and operators of boilers
and industrial furnaces that are equipped with a dry particulate matter
control device that operates within the temperature range of 450-750
[deg]F, and industrial furnaces operating under an alternative
hydrocarbon limit established under paragraph (f) of this section must
conduct a site-specific risk assessment as follows to demonstrate that
emissions of chlorinated dibenzo-p-dioxins and dibenzofurans do not
result in an increased lifetime cancer risk to the hypothetical maximum
exposed individual (MEI) exceeding 1 in 100,000:
(1) During the trial burn (for new facilities or an interim status
facility applying for a permit) or compliance test (for interim status
facilities), determine emission rates of the tetra-octa congeners of
chlorinated dibenzo-p-dioxins and dibenzofurans (CDDs/CDFs) using Method
0023A, Sampling Method for Polychlorinated Dibenzo-p-Dioxins and
Polychlorinated Dibenzofurans Emissions from Stationary Sources, EPA
Publication SW-846, as incorporated by reference in Sec. 260.11 of this
chapter.
(2) Estimate the 2,3,7,8-TCDD toxicity equivalence of the tetra-octa
CDDs/CDFs congeners using ``Procedures for Estimating the Toxicity
Equivalence of Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners''
in appendix IX of this part. Multiply the emission rates of CDD/CDF
congeners with a toxicity equivalence greater than zero (see the
procedure) by the calculated toxicity equivalence factor to estimate the
equivalent emission rate of 2,3,7,8-TCDD;
(3) Conduct dispersion modeling using methods recommended in
appendix W of part 51 of this chapter (``Guideline on Air Quality Models
(Revised)'' (1986) and its supplements), the ``Hazardous Waste
Combustion Air Quality Screening Procedure'', provided in appendix IX of
this part, or in Screening Procedures for Estimating the Air Quality
Impact of Stationary Sources, Revised (incorporated by reference in
Sec. 260.11) to predict the maximum annual average off-site ground
level concentration of 2,3,7,8-TCDD equivalents determined under
paragraph (e)(2) of this section. The maximum annual average
concentration must be used when a person resides on-site; and
(4) The ratio of the predicted maximum annual average ground level
concentration of 2,3,7,8-TCDD equivalents to the risk-specific dose for
2,3,7,8-TCDD provided in appendix V of this part (2.2 x 10-7)
shall not exceed 1.0.
(f) Monitoring CO and HC in the by-pass duct of a cement kiln.
Cement kilns may comply with the carbon monoxide and hydrocarbon limits
provided by paragraphs (b), (c), and (d) of this section by monitoring
in the by-pass duct provided that:
(1) Hazardous waste is fired only into the kiln and not at any
location downstream from the kiln exit relative to the direction of gas
flow; and
(2) The by-pass duct diverts a minimum of 10% of kiln off-gas into
the duct.
(g) Use of emissions test data to demonstrate compliance and
establish operating limits. Compliance with the requirements of this
section must be
[[Page 37]]
demonstrated simultaneously by emissions testing or during separate runs
under identical operating conditions. Further, data to demonstrate
compliance with the CO and HC limits of this section or to establish
alternative CO or HC limits under this section must be obtained during
the time that DRE testing, and where applicable, CDD/CDF testing under
paragraph (e) of this section and comprehensive organic emissions
testing under paragraph (f) is conducted.
(h) Enforcement. For the purposes of permit enforcement, compliance
with the operating requirements specified in the permit (under Sec.
266.102) will be regarded as compliance with this section. However,
evidence that compliance with those permit conditions is insufficient to
ensure compliance with the requirements of this section may be
``information'' justifying modification or revocation and re-issuance of
a permit under Sec. 270.41 of this chapter.
[56 FR 7208, Feb. 21, 1991; 56 FR 32689, July 17, 1991, as amended at 57
FR 38565, Aug. 25, 1992; 58 FR 38883, July 20, 1993; 60 FR 33914, June
29, 1995; 62 FR 32463, June 13, 1997]
Sec. 266.105 Standards to control particulate matter.
(a) A boiler or industrial furnace burning hazardous waste may not
emit particulate matter in excess of 180 milligrams per dry standard
cubic meter (0.08 grains per dry standard cubic foot) after correction
to a stack gas concentration of 7% oxygen, using procedures prescribed
in 40 CFR part 60, appendix A, methods 1 through 5, and appendix IX of
this part.
(b) An owner or operator meeting the requirements of Sec.
266.109(b) for the low risk waste exemption is exempt from the
particulate matter standard.
(c) Oxygen correction. (1) Measured pollutant levels must be
corrected for the amount of oxygen in the stack gas according to the
formula:
[GRAPHIC] [TIFF OMITTED] TR30SE99.027
Where:
Pc is the corrected concentration of the pollutant in the stack gas, Pm
is the measured concentration of the pollutant in the stack
gas, E is the oxygen concentration on a dry basis in the
combustion air fed to the device, and Y is the measured oxygen
concentration on a dry basis in the stack.
(2) For devices that feed normal combustion air, E will equal 21
percent. For devices that feed oxygen-enriched air for combustion (that
is, air with an oxygen concentration exceeding 21 percent), the value of
E will be the concentration of oxygen in the enriched air.
(3) Compliance with all emission standards provided by this subpart
must be based on correcting to 7 percent oxygen using this procedure.
(d) For the purposes of permit enforcement, compliance with the
operating requirements specified in the permit (under Sec. 266.102)
will be regarded as compliance with this section. However, evidence that
compliance with those permit conditions is insufficient to ensure
compliance with the requirements of this section may be ``information''
justifying modification or revocation and re-issuance of a permit under
Sec. 270.41 of this chapter.
[56 FR 7208, Feb. 21, 1991, as amended at 64 FR 53075, Sept. 30, 1999]
Sec. 266.106 Standards to control metals emissions.
(a) General. The owner or operator must comply with the metals
standards provided by paragraphs (b), (c), (d), (e), or (f) of this
section for each metal listed in paragraph (b) of this section that is
present in the hazardous waste at detectable levels by using appropriate
analytical procedures.
(b) Tier I feed rate screening limits. Feed rate screening limits
for metals are specified in appendix I of this part as a function of
terrain-adjusted effective stack height and terrain and land use in the
vicinity of the facility. Criteria for facilities that are not eligible
to comply with the screening limits are provided in paragraph (b)(7) of
this section.
(1) Noncarcinogenic metals. The feed rates of antimony, barium,
lead, mercury, thallium, and silver in all feed streams, including
hazardous waste, fuels, and industrial furnace feed stocks shall not
exceed the screening limits specified in appendix I of this part.
[[Page 38]]
(i) The feed rate screening limits for antimony, barium, mercury,
thallium, and silver are based on either:
(A) An hourly rolling average as defined in Sec.
266.102(e)(6)(i)(B); or
(B) An instantaneous limit not to be exceeded at any time.
(ii) The feed rate screening limit for lead is based on one of the
following:
(A) An hourly rolling average as defined in Sec.
266.102(e)(6)(i)(B);
(B) An averaging period of 2 to 24 hours as defined in Sec.
266.102(e)(6)(ii) with an instantaneous feed rate limit not to exceed 10
times the feed rate that would be allowed on an hourly rolling average
basis; or
(C) An instantaneous limit not to be exceeded at any time.
(2) Carcinogenic metals. (i) The feed rates of arsenic, cadmium,
beryllium, and chromium in all feed streams, including hazardous waste,
fuels, and industrial furnace feed stocks shall not exceed values
derived from the screening limits specified in appendix I of this part.
The feed rate of each of these metals is limited to a level such that
the sum of the ratios of the actual feed rate to the feed rate screening
limit specified in appendix I shall not exceed 1.0, as provided by the
following equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.001
where:
n = number of carcinogenic metals
AFR = actual feed rate to the device for metal ``i''
FRSL = feed rate screening limit provided by appendix I of this part for
metal ``i''.
(ii) The feed rate screening limits for the carcinogenic metals are
based on either:
(A) An hourly rolling average; or
(B) An averaging period of 2 to 24 hours as defined in Sec.
266.102(e)(6)(ii) with an instantaneous feed rate limit not to exceed 10
times the feed rate that would be allowed on an hourly rolling average
basis.
(3) TESH. (i) The terrain-adjusted effective stack height is
determined according to the following equation:
TESH = Ha + H1-Tr
where:
Ha = Actual physical stack height
H1 = Plume rise as determined from appendix VI of this part as a
function of stack flow rate and stack gas exhaust temperature.
Tr = Terrain rise within five kilometers of the stack.
(ii) The stack height (Ha) may not exceed good engineering practice
as specified in 40 CFR 51.100(ii).
(iii) If the TESH for a particular facility is not listed in the
table in the appendices, the nearest lower TESH listed in the table
shall be used. If the TESH is four meters or less, a value of four
meters shall be used.
(4) Terrain type. The screening limits are a function of whether the
facility is located in noncomplex or complex terrain. A device located
where any part of the surrounding terrain within 5 kilometers of the
stack equals or exceeds the elevation of the physical stack height (Ha)
is considered to be in complex terrain and the screening limits for
complex terrain apply. Terrain measurements are to be made from U.S.
Geological Survey 7.5-minute topographic maps of the area surrounding
the facility.
(5) Land use. The screening limits are a function of whether the
facility is located in an area where the land use is urban or rural. To
determine whether land use in the vicinity of the facility is urban or
rural, procedures provided in appendices IX or X of this part shall be
used.
(6) Multiple stacks. Owners and operators of facilities with more
than one on-site stack from a boiler, industrial furnace, incinerator,
or other thermal treatment unit subject to controls of metals emissions
under a RCRA operating permit or interim status controls must comply
with the screening limits for all such units assuming all hazardous
waste is fed into the device with the worst-case stack based on
dispersion characteristics. The worst-case stack is determined from the
following equation as applied to each stack:
K = HVT
Where:
K = a parameter accounting for relative influence of stack height and
plume rise;
H = physical stack height (meters);
V = stack gas flow rate (m\3\/second); and
T = exhaust temperature ([deg]K).
[[Page 39]]
The stack with the lowest value of K is the worst-case stack.
(7) Criteria for facilities not eligible for screening limits. If
any criteria below are met, the Tier I and Tier II screening limits do
not apply. Owners and operators of such facilities must comply with
either the Tier III standards provided by paragraph (d) of this section
or with the adjusted Tier I feed rate screening limits provided by
paragraph (e) of this section.
(i) The device is located in a narrow valley less than one kilometer
wide;
(ii) The device has a stack taller than 20 meters and is located
such that the terrain rises to the physical height within one kilometer
of the facility;
(iii) The device has a stack taller than 20 meters and is located
within five kilometers of a shoreline of a large body of water such as
an ocean or large lake;
(iv) The physical stack height of any stack is less than 2.5 times
the height of any building within five building heights or five
projected building widths of the stack and the distance from the stack
to the closest boundary is within five building heights or five
projected building widths of the associated building; or
(v) The Director determines that standards based on site-specific
dispersion modeling are required.
(8) Implementation. The feed rate of metals in each feedstream must
be monitored to ensure that the feed rate screening limits are not
exceeded.
(c) Tier II emission rate screening limits. Emission rate screening
limits are specified in appendix I as a function of terrain-adjusted
effective stack height and terrain and land use in the vicinity of the
facility. Criteria for facilities that are not eligible to comply with
the screening limits are provided in paragraph (b)(7) of this section.
(1) Noncarcinogenic metals. The emission rates of antimony, barium,
lead, mercury, thallium, and silver shall not exceed the screening
limits specified in appendix I of this part.
(2) Carcinogenic metals. The emission rates of arsenic, cadmium,
beryllium, and chromium shall not exceed values derived from the
screening limits specified in appendix I of this part. The emission rate
of each of these metals is limited to a level such that the sum of the
ratios of the actual emission rate to the emission rate screening limit
specified in appendix I shall not exceed 1.0, as provided by the
following equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.002
where:
n = number of carcinogenic metals
AER = actual emission rate for metal ``i''
ERSL = emission rate screening limit provided by appendix I of this part
for metal ``i''.
(3) Implementation. The emission rate limits must be implemented by
limiting feed rates of the individual metals to levels during the trial
burn (for new facilities or an interim status facility applying for a
permit) or the compliance test (for interim status facilities). The feed
rate averaging periods are the same as provided by paragraphs (b)(1)(i)
and (ii) and (b)(2)(ii) of this section. The feed rate of metals in each
feedstream must be monitored to ensure that the feed rate limits for the
feedstreams specified under Sec. Sec. 266.102 or 266.103 are not
exceeded.
(4) Definitions and limitations. The definitions and limitations
provided by paragraph (b) of this section for the following terms also
apply to the Tier II emission rate screening limits provided by
paragraph (c) of this section: terrain-adjusted effective stack height,
good engineering practice stack height, terrain type, land use, and
criteria for facilities not eligible to use the screening limits.
(5) Multiple stacks. (i) Owners and operators of facilities with
more than one onsite stack from a boiler, industrial furnace,
incinerator, or other thermal treatment unit subject to controls on
metals emissions under a RCRA operating permit or interim status
controls must comply with the emissions screening limits for any such
stacks assuming all hazardous waste is fed into the device with the
worst-case stack based on dispersion characteristics.
(ii) The worst-case stack is determined by procedures provided in
paragraph (b)(6) of this section.
(iii) For each metal, the total emissions of the metal from those
stacks
[[Page 40]]
shall not exceed the screening limit for the worst-case stack.
(d) Tier III and Adjusted Tier I site-specific risk assessment. The
requirements of this paragraph apply to facilities complying with either
the Tier III or Adjusted Tier I controls, except where specified
otherwise.
(1) General. Conformance with the Tier III metals controls must be
demonstrated by emissions testing to determine the emission rate for
each metal. In addition, conformance with either the Tier III or
Adjusted Tier I metals controls must be demonstrated by air dispersion
modeling to predict the maximum annual average off-site ground level
concentration for each metal, and a demonstration that acceptable
ambient levels are not exceeded.
(2) Acceptable ambient levels. Appendices IV and V of this part list
the acceptable ambient levels for purposes of this rule. Reference air
concentrations (RACs) are listed for the noncarcinogenic metals and
10-5 risk-specific doses (RSDs) are listed for the
carcinogenic metals. The RSD for a metal is the acceptable ambient level
for that metal provided that only one of the four carcinogenic metals is
emitted. If more than one carcinogenic metal is emitted, the acceptable
ambient level for the carcinogenic metals is a fraction of the RSD as
described in paragraph (d)(3) of this section.
(3) Carcinogenic metals. For the carcinogenic metals, arsenic,
cadmium, beryllium, and chromium, the sum of the ratios of the predicted
maximum annual average off-site ground level concentrations (except that
on-site concentrations must be considered if a person resides on site)
to the risk-specific dose (RSD) for all carcinogenic metals emitted
shall not exceed 1.0 as determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.003
where: n = number of carcinogenic metals
(4) Noncarcinogenic metals. For the noncarcinogenic metals, the
predicted maximum annual average off-site ground level concentration for
each metal shall not exceed the reference air concentration (RAC).
(5) Multiple stacks. Owners and operators of facilities with more
than one on-site stack from a boiler, industrial furnace, incinerator,
or other thermal treatment unit subject to controls on metals emissions
under a RCRA operating permit or interim status controls must conduct
emissions testing (except that facilities complying with Adjusted Tier I
controls need not conduct emissions testing) and dispersion modeling to
demonstrate that the aggregate emissions from all such on-site stacks do
not result in an exceedance of the acceptable ambient levels.
(6) Implementation. Under Tier III, the metals controls must be
implemented by limiting feed rates of the individual metals to levels
during the trial burn (for new facilities or an interim status facility
applying for a permit) or the compliance test (for interim status
facilities). The feed rate averaging periods are the same as provided by
paragraphs (b)(1) (i) and (ii) and (b)(2)(ii) of this section. The feed
rate of metals in each feedstream must be monitored to ensure that the
feed rate limits for the feedstreams specified under Sec. Sec. 266.102
or 266.103 are not exceeded.
(e) Adjusted Tier I feed rate screening limits. The owner or
operator may adjust the feed rate screening limits provided by appendix
I of this part to account for site-specific dispersion modeling. Under
this approach, the adjusted feed rate screening limit for a metal is
determined by back-calculating from the acceptable ambient level
provided by appendices IV and V of this part using dispersion modeling
to determine the maximum allowable emission rate. This emission rate
becomes the adjusted Tier I feed rate screening limit. The feed rate
screening limits for carcinogenic metals are
[[Page 41]]
implemented as prescribed in paragraph (b)(2) of this section.
(f) Alternative implementation approaches. (1) The Director may
approve on a case-by-case basis approaches to implement the Tier II or
Tier III metals emission limits provided by paragraphs (c) or (d) of
this section alternative to monitoring the feed rate of metals in each
feedstream.
(2) The emission limits provided by paragraph (d) of this section
must be determined as follows:
(i) For each noncarcinogenic metal, by back-calculating from the RAC
provided in appendix IV of this part to determine the allowable emission
rate for each metal using the dilution factor for the maximum annual
average ground level concentration predicted by dispersion modeling in
conformance with paragraph (h) of this section; and
(ii) For each carcinogenic metal by:
(A) Back-calculating from the RSD provided in appendix V of this
part to determine the allowable emission rate for each metal if that
metal were the only carcinogenic metal emitted using the dilution factor
for the maximum annual average ground level concentration predicted by
dispersion modeling in conformance with paragraph (h) of this section;
and
(B) If more than one carcinogenic metal is emitted, selecting an
emission limit for each carcinogenic metal not to exceed the emission
rate determined by paragraph (f)(2)(ii)(A) of this section such that the
sum for all carcinogenic metals of the ratios of the selected emission
limit to the emission rate determined by that paragraph does not exceed
1.0.
(g) Emission testing--(1) General. Emission testing for metals shall
be conducted using Method 0060, Determinations of Metals in Stack
Emissions, EPA Publication SW-846, as incorporated by reference in Sec.
260.11 of this chapter.
(2) Hexavalent chromium. Emissions of chromium are assumed to be
hexavalent chromium unless the owner or operator conducts emissions
testing to determine hexavalent chromium emissions using procedures
prescribed in Method 0061, Determination of Hexavalent Chromium
Emissions from Stationary Sources, EPA Publication SW-846, as
incorporated by reference in Sec. 260.11 of this chapter.
(h) Dispersion Modeling. Dispersion modeling required under this
section shall be conducted according to methods recommended in appendix
W of part 51 of this chapter (``Guideline on Air Quality Models
(Revised)'' (1986) and its supplements), the ``Hazardous Waste
Combustion Air Quality Screening Procedure'', provided in appendix IX of
this part, or in Screening Procedures for Estimating the Air Quality
Impact of Stationary Sources, Revised (incorporated by reference in
Sec. 260.11) to predict the maximum annual average off-site ground
level concentration. However, on-site concentrations must be considered
when a person resides on-site.
(i) Enforcement. For the purposes of permit enforcement, compliance
with the operating requirements specified in the permit (under Sec.
266.102) will be regarded as compliance with this section. However,
evidence that compliance with those permit conditions is insufficient to
ensure compliance with the requirements of this section may be
``information'' justifying modification or revocation and re-issuance of
a permit under Sec. 270.41 of this chapter.
[56 FR 7208, Feb. 21, 1991; 56 FR 32689, July 17, 1991; 57 FR 38565,
Aug. 25, 1992; 58 FR 38883, July 20, 1993; 62 FR 32463, June 13, 1997;
70 FR 34588, June 14, 2005; 71 FR 40277, July 14, 2006]
Sec. 266.107 Standards to control hydrogen chloride (HCl) and chlorine
gas (Cl [bdi2]) emissions.
(a) General. The owner or operator must comply with the hydrogen
chloride (HCl) and chlorine (Cl2) controls provided by
paragraph (b), (c), or (e) of this section.
(b) Screening limits--(1) Tier I feed rate screening limits. Feed
rate screening limits are specified for total chlorine in appendix II of
this part as a function of terrain-adjusted effective stack height and
terrain and land use in the vicinity of the facility. The feed rate of
total chlorine and chloride, both organic and inorganic, in all feed
streams, including hazardous waste, fuels, and industrial furnace feed
stocks shall not exceed the levels specified.
[[Page 42]]
(2) Tier II emission rate screening limits. Emission rate screening
limits for HCl and Cl2 are specified in appendix III of this
part as a function of terrain-adjusted effective stack height and
terrain and land use in the vicinity of the facility. The stack emission
rates of HCl and Cl2 shall not exceed the levels specified.
(3) Definitions and limitations. The definitions and limitations
provided by Sec. 266.106(b) for the following terms also apply to the
screening limits provided by this paragraph: terrain-adjusted effective
stack height, good engineering practice stack height, terrain type, land
use, and criteria for facilities not eligible to use the screening
limits.
(4) Multiple stacks. Owners and operators of facilities with more
than one on-site stack from a boiler, industrial furnace, incinerator,
or other thermal treatment unit subject to controls on HCl or
Cl2 emissions under a RCRA operating permit or interim status
controls must comply with the Tier I and Tier II screening limits for
those stacks assuming all hazardous waste is fed into the device with
the worst-case stack based on dispersion characteristics.
(i) The worst-case stack is determined by procedures provided in
Sec. 266.106(b)(6).
(ii) Under Tier I, the total feed rate of chlorine and chloride to
all subject devices shall not exceed the screening limit for the worst-
case stack.
(iii) Under Tier II, the total emissions of HCl and Cl2
from all subject stacks shall not exceed the screening limit for the
worst-case stack.
(c) Tier III site-specific risk assessments--(1) General.
Conformance with the Tier III controls must be demonstrated by emissions
testing to determine the emission rate for HCl and Cl2, air
dispersion modeling to predict the maximum annual average off-site
ground level concentration for each compound, and a demonstration that
acceptable ambient levels are not exceeded.
(2) Acceptable ambient levels. Appendix IV of this part lists the
reference air concentrations (RACs) for HCl (7 micrograms per cubic
meter) and Cl2 (0.4 micrograms per cubic meter).
(3) Multiple stacks. Owners and operators of facilities with more
than one on-site stack from a boiler, industrial furnace, incinerator,
or other thermal treatment unit subject to controls on HCl or
Cl2 emissions under a RCRA operating permit or interim status
controls must conduct emissions testing and dispersion modeling to
demonstrate that the aggregate emissions from all such on-site stacks do
not result in an exceedance of the acceptable ambient levels for HCl and
Cl2.
(d) Averaging periods. The HCl and Cl2 controls are
implemented by limiting the feed rate of total chlorine and chloride in
all feedstreams, including hazardous waste, fuels, and industrial
furnace feed stocks. Under Tier I, the feed rate of total chloride and
chlorine is limited to the Tier I Screening Limits. Under Tier II and
Tier III, the feed rate of total chloride and chlorine is limited to the
feed rates during the trial burn (for new facilities or an interim
status facility applying for a permit) or the compliance test (for
interim status facilities). The feed rate limits are based on either:
(1) An hourly rolling average as defined in Sec. 266.102(e)(6); or
(2) An instantaneous basis not to be exceeded at any time.
(e) Adjusted Tier I feed rate screening limits. The owner or
operator may adjust the feed rate screening limit provided by appendix
II of this part to account for site-specific dispersion modeling. Under
this approach, the adjusted feed rate screening limit is determined by
back-calculating from the acceptable ambient level for Cl2
provided by appendix IV of this part using dispersion modeling to
determine the maximum allowable emission rate. This emission rate
becomes the adjusted Tier I feed rate screening limit.
(f) Emissions testing. Emissions testing for HCl and Cl2
shall be conducted using the procedures described in Methods 0050 or
0051, EPA Publication SW-846, as incorporated by reference in Sec.
260.11 of this chapter.
(g) Dispersion modeling. Dispersion modeling shall be conducted
according to the provisions of Sec. 266.106(h).
(h) Enforcement. For the purposes of permit enforcement, compliance
with the operating requirements specified in
[[Page 43]]
the permit (under Sec. 266.102) will be regarded as compliance with
this section. However, evidence that compliance with those permit
conditions is insufficient to ensure compliance with the requirements of
this section may be ``information'' justifying modification or
revocation and re-issuance of a permit under Sec. 270.41 of this
chapter.
[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991; 57 FR 38566,
Aug. 25, 1992; 62 FR 32463, June 13, 1997]
Sec. 266.108 Small quantity on-site burner exemption.
(a) Exempt quantities. Owners and operators of facilities that burn
hazardous waste in an on-site boiler or industrial furnace are exempt
from the requirements of this subpart provided that:
(1) The quantity of hazardous waste burned in a device for a
calendar month does not exceed the limits provided in the following
table based on the terrain-adjusted effective stack height as defined in
Sec. 266.106(b)(3):
Exempt Quantities for Small Quantity Burner Exemption
------------------------------------------------------------------------
Allowable Allowable
hazardous hazardous
waste Terrain-adjusted waste
Terrain-adjusted effective burning effective stack burning
stack height of device (meters) rate height of device rate
(gallons/ (meters) (gallons/
month) month)
------------------------------------------------------------------------
0 to 3.9....................... 0 40.0 to 44.9..... 210
4.0 to 5.9..................... 13 45.0 to 49.9..... 260
6.0 to 7.9..................... 18 50.0 to 54.9..... 330
8.0 to 9.9..................... 27 55.0 to 59.9..... 400
10.0 to 11.9................... 40 60.0 to 64.9..... 490
12.0 to 13.9................... 48 65.0 to 69.9..... 610
14.0 to 15.9................... 59 70.0 to 74.9..... 680
16.0 to 17.9................... 69 75.0 to 79.9..... 760
18.0 to 19.9................... 76 80.0 to 84.9..... 850
20.0 to 21.9................... 84 85.0 to 89.9..... 960
22.0 to 23.9................... 93 90.0 to 94.9..... 1,100
24.0 to 25.9................... 100 95.0 to 99.9..... 1,200
26.0 to 27.9................... 110 100.0 to 104.9... 1,300
28.0 to 29.9................... 130 105.0 to 109.9... 1,500
30.0 to 34.9................... 140 110.0 to 114.9... 1,700
35.0 to 39.9................... 170 115.0 or greater. 1,900
------------------------------------------------------------------------
(2) The maximum hazardous waste firing rate does not exceed at any
time 1 percent of the total fuel requirements for the device (hazardous
waste plus other fuel) on a total heat input or mass input basis,
whichever results in the lower mass feed rate of hazardous waste.
(3) The hazardous waste has a minimum heating value of 5,000 Btu/lb,
as generated; and
(4) The hazardous waste fuel does not contain (and is not derived
from) EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027.
(b) Mixing with nonhazardous fuels. If hazardous waste fuel is mixed
with a nonhazardous fuel, the quantity of hazardous waste before such
mixing is used to comply with paragraph (a).
(c) Multiple stacks. If an owner or operator burns hazardous waste
in more than one on-site boiler or industrial furnace exempt under this
section, the quantity limits provided by paragraph (a)(1) of this
section are implemented according to the following equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.004
where:
n means the number of stacks;
Actual Quantity Burned means the waste quantity burned per month in
device ``i'';
Allowable Quantity Burned means the maximum allowable exempt quantity
for stack ``i'' from the table in (a)(1) above.
Note: Hazardous wastes that are subject to the special requirements
for small quantity generators under Sec. 261.5 of this chapter may be
burned in an off-site device under the exemption provided by Sec.
266.108, but must be included in the quantity determination for the
exemption.
(d) Notification requirements. The owner or operator of facilities
qualifying for the small quantity burner exemption under this section
must provide a one-time signed, written notice to EPA indicating the
following:
(1) The combustion unit is operating as a small quantity burner of
hazardous waste;
(2) The owner and operator are in compliance with the requirements
of this section; and
(3) The maximum quantity of hazardous waste that the facility may
burn per month as provided by Sec. 266.108(a)(1).
(e) Recordkeeping requirements. The owner or operator must maintain
at
[[Page 44]]
the facility for at least three years sufficient records documenting
compliance with the hazardous waste quantity, firing rate, and heating
value limits of this section. At a minimum, these records must indicate
the quantity of hazardous waste and other fuel burned in each unit per
calendar month, and the heating value of the hazardous waste.
[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991, as amended at 56
FR 42515, Aug. 27, 1991; 57 FR 38566, Aug. 25, 1992]
Sec. 266.109 Low risk waste exemption.
(a) Waiver of DRE standard. The DRE standard of Sec. 266.104(a)
does not apply if the boiler or industrial furnace is operated in
conformance with (a)(1) of this section and the owner or operator
demonstrates by procedures prescribed in (a)(2) of this section that the
burning will not result in unacceptable adverse health effects.
(1) The device shall be operated as follows:
(i) A minimum of 50 percent of fuel fired to the device shall be
fossil fuel, fuels derived from fossil fuel, tall oil, or, if approved
by the Director on a case-by-case basis, other nonhazardous fuel with
combustion characteristics comparable to fossil fuel. Such fuels are
termed ``primary fuel'' for purposes of this section. (Tall oil is a
fuel derived from vegetable and rosin fatty acids.) The 50 percent
primary fuel firing rate shall be determined on a total heat or mass
input basis, whichever results in the greater mass feed rate of primary
fuel fired;
(ii) Primary fuels and hazardous waste fuels shall have a minimum
as-fired heating value of 8,000 Btu/lb;
(iii) The hazardous waste is fired directly into the primary fuel
flame zone of the combustion chamber; and
(iv) The device operates in conformance with the carbon monoxide
controls provided by Sec. 266.104(b)(1). Devices subject to the
exemption provided by this section are not eligible for the alternative
carbon monoxide controls provided by Sec. 266.104(c).
(2) Procedures to demonstrate that the hazardous waste burning will
not pose unacceptable adverse public health effects are as follows:
(i) Identify and quantify those nonmetal compounds listed in
appendix VIII, part 261 of this chapter that could reasonably be
expected to be present in the hazardous waste. The constituents excluded
from analysis must be identified and the basis for their exclusion
explained;
(ii) Calculate reasonable, worst case emission rates for each
constituent identified in paragraph (a)(2)(i) of this section by
assuming the device achieves 99.9 percent destruction and removal
efficiency. That is, assume that 0.1 percent of the mass weight of each
constituent fed to the device is emitted.
(iii) For each constituent identified in paragraph (a)(2)(i) of this
section, use emissions dispersion modeling to predict the maximum annual
average ground level concentration of the constituent.
(A) Dispersion modeling shall be conducted using methods specified
in Sec. 266.106(h).
(B) Owners and operators of facilities with more than one on-site
stack from a boiler or industrial furnace that is exempt under this
section must conduct dispersion modeling of emissions from all stacks
exempt under this section to predict ambient levels prescribed by this
paragraph.
(iv) Ground level concentrations of constituents predicted under
paragraph (a)(2)(iii) of this section must not exceed the following
levels:
(A) For the noncarcinogenic compounds listed in appendix IV of this
part, the levels established in appendix IV;
(B) For the carcinogenic compounds listed in appendix V of this
part, the sum for all constituents of the ratios of the actual ground
level concentration to the level established in appendix V cannot exceed
1.0; and
(C) For constituents not listed in appendix IV or V, 0.1 micrograms
per cubic meter.
(b) Waiver of particulate matter standard. The particulate matter
standard of Sec. 266.105 does not apply if:
(1) The DRE standard is waived under paragraph (a) of this section;
and
[[Page 45]]
(2) The owner or operator complies with the Tier I or adjusted Tier
I metals feed rate screening limits provided by Sec. 266.106 (b) or
(e).
[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991, as amended at 56
FR 42515, Aug. 27, 1991; 71 FR 40277, July 14, 2006]
Sec. 266.110 Waiver of DRE trial burn for boilers.
Boilers that operate under the special requirements of this section,
and that do not burn hazardous waste containing (or derived from) EPA
Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027, are
considered to be in conformance with the DRE standard of Sec.
266.104(a), and a trial burn to demonstrate DRE is waived. When burning
hazardous waste:
(a) A minimum of 50 percent of fuel fired to the device shall be
fossil fuel, fuels derived from fossil fuel, tall oil, or, if approved
by the Director on a case-by-case basis, other nonhazardous fuel with
combustion characteristics comparable to fossil fuel. Such fuels are
termed ``primary fuel'' for purposes of this section. (Tall oil is a
fuel derived from vegetable and rosin fatty acids.) The 50 percent
primary fuel firing rate shall be determined on a total heat or mass
input basis, whichever results in the greater mass feed rate of primary
fuel fired;
(b) Boiler load shall not be less than 40 percent. Boiler load is
the ratio at any time of the total heat input to the maximum design heat
input;
(c) Primary fuels and hazardous waste fuels shall have a minimum as-
fired heating value of 8,000 Btu/lb, and each material fired in a burner
where hazardous waste is fired must have a heating value of at least
8,000 Btu/lb, as-fired;
(d) The device shall operate in conformance with the carbon monoxide
standard provided by Sec. 266.104(b)(1). Boilers subject to the waiver
of the DRE trial burn provided by this section are not eligible for the
alternative carbon monoxide standard provided by Sec. 266.104(c);
(e) The boiler must be a watertube type boiler that does not feed
fuel using a stoker or stoker type mechanism; and
(f) The hazardous waste shall be fired directly into the primary
fuel flame zone of the combustion chamber with an air or steam
atomization firing system, mechanical atomization system, or a rotary
cup atomization system under the following conditions:
(1) Viscosity. The viscosity of the hazardous waste fuel as-fired
shall not exceed 300 SSU;
(2) Particle size. When a high pressure air or steam atomizer, low
pressure atomizer, or mechanical atomizer is used, 70% of the hazardous
waste fuel must pass through a 200 mesh (74 micron) screen, and when a
rotary cup atomizer is used, 70% of the hazardous waste must pass
through a 100 mesh (150 micron) screen;
(3) Mechanical atomization systems. Fuel pressure within a
mechanical atomization system and fuel flow rate shall be maintained
within the design range taking into account the viscosity and volatility
of the fuel;
(4) Rotary cup atomization systems. Fuel flow rate through a rotary
cup atomization system must be maintained within the design range taking
into account the viscosity and volatility of the fuel.
[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991, as amended at 56
FR 42515, Aug. 27, 1991]
Sec. 266.111 Standards for direct transfer.
(a) Applicability. The regulations in this section apply to owners
and operators of boilers and industrial furnaces subject to Sec. Sec.
266.102 or 266.103 if hazardous waste is directly transferred from a
transport vehicle to a boiler or industrial furnace without the use of a
storage unit.
(b) Definitions. (1) When used in this section, the following terms
have the meanings given below:
Direct transfer equipment means any device (including but not
limited to, such devices as piping, fittings, flanges, valves, and
pumps) that is used to distribute, meter, or control the flow of
hazardous waste between a container (i.e., transport vehicle) and a
boiler or industrial furnace.
Container means any portable device in which hazardous waste is
transported, stored, treated, or otherwise handled, and includes
transport vehicles that are containers themselves
[[Page 46]]
(e.g., tank trucks, tanker-trailers, and rail tank cars), and containers
placed on or in a transport vehicle.
(2) This section references several requirements provided in
subparts I and J of parts 264 and 265. For purposes of this section, the
term ``tank systems'' in those referenced requirements means direct
transfer equipment as defined in paragraph (b)(1) of this section.
(c) General operating requirements. (1) No direct transfer of a
pumpable hazardous waste shall be conducted from an open-top container
to a boiler or industrial furnace.
(2) Direct transfer equipment used for pumpable hazardous waste
shall always be closed, except when necessary to add or remove the
waste, and shall not be opened, handled, or stored in a manner that may
cause any rupture or leak.
(3) The direct transfer of hazardous waste to a boiler or industrial
furnace shall be conducted so that it does not:
(i) Generate extreme heat or pressure, fire, explosion, or violent
reaction;
(ii) Produce uncontrolled toxic mists, fumes, dusts, or gases in
sufficient quantities to threaten human health;
(iii) Produce uncontrolled flammable fumes or gases in sufficient
quantities to pose a risk of fire or explosions;
(iv) Damage the structural integrity of the container or direct
transfer equipment containing the waste;
(v) Adversely affect the capability of the boiler or industrial
furnace to meet the standards provided by Sec. Sec. 266.104 through
266.107; or
(vi) Threaten human health or the environment.
(4) Hazardous waste shall not be placed in direct transfer
equipment, if it could cause the equipment or its secondary containment
system to rupture, leak, corrode, or otherwise fail.
(5) The owner or operator of the facility shall use appropriate
controls and practices to prevent spills and overflows from the direct
transfer equipment or its secondary containment systems. These include
at a minimum:
(i) Spill prevention controls (e.g., check valves, dry discount
couplings); and
(ii) Automatic waste feed cutoff to use if a leak or spill occurs
from the direct transfer equipment.
(d) Areas where direct transfer vehicles (containers) are located.
Applying the definition of container under this section, owners and
operators must comply with the following requirements:
(1) The containment requirements of Sec. 264.175 of this chapter;
(2) The use and management requirements of subpart I, part 265 of
this chapter, except for Sec. Sec. 265.170 and 265.174, and except that
in lieu of the special requirements of Sec. 265.176 for ignitable or
reactive waste, the owner or operator may comply with the requirements
for the maintenance of protective distances between the waste management
area and any public ways, streets, alleys, or an adjacent property line
that can be built upon as required in Tables 2-1 through 2-6 of the
National Fire Protection Association's (NFPA) ``Flammable and
Combustible Liquids Code,'' (1977 or 1981), (incorporated by reference,
see Sec. 260.11). The owner or operator must obtain and keep on file at
the facility a written certification by the local Fire Marshall that the
installation meets the subject NFPA codes; and
(3) The closure requirements of Sec. 264.178 of this chapter.
(e) Direct transfer equipment. Direct transfer equipment must meet
the following requirements:
(1) Secondary containment. Owners and operators shall comply with
the secondary containment requirements of Sec. 265.193 of this chapter,
except for paragraphs 265.193 (a), (d), (e), and (i) as follows:
(i) For all new direct transfer equipment, prior to their being put
into service; and
(ii) For existing direct transfer equipment within 2 years after
August 21, 1991.
(2) Requirements prior to meeting secondary containment
requirements. (i) For existing direct transfer equipment that does not
have secondary containment, the owner or operator shall determine
whether the equipment is leaking or is unfit for use. The owner or
operator shall obtain and keep on file at the facility a written
assessment reviewed and certified by a qualified, registered
professional engineer in accordance
[[Page 47]]
with Sec. 270.11(d) of this chapter that attests to the equipment's
integrity by August 21, 1992.
(ii) This assessment shall determine whether the direct transfer
equipment is adequately designed and has sufficient structural strength
and compatibility with the waste(s) to be transferred to ensure that it
will not collapse, rupture, or fail. At a minimum, this assessment shall
consider the following:
(A) Design standard(s), if available, according to which the direct
transfer equipment was constructed;
(B) Hazardous characteristics of the waste(s) that have been or will
be handled;
(C) Existing corrosion protection measures;
(D) Documented age of the equipment, if available, (otherwise, an
estimate of the age); and
(E) Results of a leak test or other integrity examination such that
the effects of temperature variations, vapor pockets, cracks, leaks,
corrosion, and erosion are accounted for.
(iii) If, as a result of the assessment specified above, the direct
transfer equipment is found to be leaking or unfit for use, the owner or
operator shall comply with the requirements of Sec. Sec. 265.196 (a)
and (b) of this chapter.
(3) Inspections and recordkeeping. (i) The owner or operator must
inspect at least once each operating hour when hazardous waste is being
transferred from the transport vehicle (container) to the boiler or
industrial furnace:
(A) Overfill/spill control equipment (e.g., waste-feed cutoff
systems, bypass systems, and drainage systems) to ensure that it is in
good working order;
(B) The above ground portions of the direct transfer equipment to
detect corrosion, erosion, or releases of waste (e.g., wet spots, dead
vegetation); and
(C) Data gathered from monitoring equipment and leak-detection
equipment, (e.g., pressure and temperature gauges) to ensure that the
direct transfer equipment is being operated according to its design.
(ii) The owner or operator must inspect cathodic protection systems,
if used, to ensure that they are functioning properly according to the
schedule provided by Sec. 265.195(b) of this chapter:
(iii) Records of inspections made under this paragraph shall be
maintained in the operating record at the facility, and available for
inspection for at least 3 years from the date of the inspection.
(4) Design and installation of new ancillary equipment. Owners and
operators must comply with the requirements of Sec. 265.192 of this
chapter.
(5) Response to leaks or spills. Owners and operators must comply
with the requirements of Sec. 265.196 of this chapter.
(6) Closure. Owners and operators must comply with the requirements
of Sec. 265.197 of this chapter, except for Sec. 265.197 (c)(2)
through (c)(4).
[50 FR 666, Jan. 4, 1985, as amended at 56 FR 42515, Aug. 27, 1991]
Sec. 266.112 Regulation of residues.
A residue derived from the burning or processing of hazardous waste
in a boiler or industrial furnace is not excluded from the definition of
a hazardous waste under Sec. 261.4(b) (4), (7), or (8) unless the
device and the owner or operator meet the following requirements:
(a) The device meets the following criteria:
(1) Boilers. Boilers must burn at least 50% coal on a total heat
input or mass input basis, whichever results in the greater mass feed
rate of coal;
(2) Ore or mineral furnaces. Industrial furnaces subject to Sec.
261.4(b)(7) must process at least 50% by weight normal, nonhazardous raw
materials;
(3) Cement kilns. Cement kilns must process at least 50% by weight
normal cement-production raw materials;
(b) The owner or operator demonstrates that the hazardous waste does
not significantly affect the residue by demonstrating conformance with
either of the following criteria:
(1) Comparison of waste-derived residue with normal residue. The
waste-derived residue must not contain appendix VIII, part 261
constituents (toxic constituents) that could reasonably be attributable
to the hazardous waste at concentrations significantly higher than in
residue generated without burning or processing of hazardous waste,
using the following procedure.
[[Page 48]]
Toxic compounds that could reasonably be attributable to burning or
processing the hazardous waste (constituents of concern) include toxic
constituents in the hazardous waste, and the organic compounds listed in
appendix VIII of this part that may be generated as products of
incomplete combustion. For polychlorinated dibenzo-p-dioxins and
polychlorinated dibenzo-furans, analyses must be performed to determine
specific congeners and homologues, and the results converted to 2,3,7,8-
TCDD equivalent values using the procedure specified in section 4.0 of
appendix IX of this part.
(i) Normal residue. Concentrations of toxic constituents of concern
in normal residue shall be determined based on analyses of a minimum of
10 samples representing a minimum of 10 days of operation. Composite
samples may be used to develop a sample for analysis provided that the
compositing period does not exceed 24 hours. The upper tolerance limit
(at 95% confidence with a 95% proportion of the sample distribution) of
the concentration in the normal residue shall be considered the
statistically-derived concentration in the normal residue. If changes in
raw materials or fuels reduce the statistically-derived concentrations
of the toxic constituents of concern in the normal residue, the
statistically-derived concentrations must be revised or statistically-
derived concentrations of toxic constituents in normal residue must be
established for a new mode of operation with the new raw material or
fuel. To determine the upper tolerance limit in the normal residue, the
owner or operator shall use statistical procedures prescribed in
``Statistical Methodology for Bevill Residue Determinations'' in
appendix IX of this part.
(ii) Waste-derived residue. Waste-derived residue shall be sampled
and analyzed as often as necessary to determine whether the residue
generated during each 24-hour period has concentrations of toxic
constituents that are higher than the concentrations established for the
normal residue under paragraph (b)(1)(i) of this section. If so,
hazardous waste burning has significantly affected the residue and the
residue shall not be excluded from the definition of a hazardous waste.
Concentrations of toxic constituents of concern in the waste-derived
residue shall be determined based on analysis of one or more samples
obtained over a 24-hour period. Multiple samples may be analyzed, and
multiple samples may be taken to form a composite sample for analysis
provided that the sampling period does not exceed 24 hours. If more than
one sample is analyzed to characterize waste-derived residues generated
over a 24-hour period, the concentration of each toxic constituent shall
be the arithmetic mean of the concentrations in the samples. No results
may be disregarded; or
(2) Comparison of waste-derived residue concentrations with health-
based limits--(i) Nonmetal constituents: The concentration of each
nonmetal toxic constituent of concern (specified in paragraph (b)(1) of
this section) in the waste-derived residue must not exceed the health-
based level specified in appendix VII of this part, or the level of
detection, whichever is higher. If a health-based limit for a
constituent of concern is not listed in appendix VII of this part, then
a limit of 0.002 micrograms per kilogram or the level of detection
(which must be determined by using appropriate analytical procedures),
whichever is higher, must be used. The levels specified in appendix VII
of this part (and the default level of 0.002 micrograms per kilogram or
the level of detection for constituents as identified in Note 1 of
appendix VII of this chapter) are administratively stayed under the
condition, for those constituents specified in paragraph (b)(1) of this
section, that the owner or operator complies with alternative levels
defined as the land disposal restriction limits specified in Sec.
268.43 of this chapter for F039 nonwastewaters. In complying with those
alternative levels, if an owner or operator is unable to detect a
constituent despite documenting use of best good-faith efforts as
defined by applicable Agency guidance or standards, the owner or
operator is deemed to be in compliance for that constituent. Until new
guidance or standards are developed, the owner or operator may
demonstrate such good-faith efforts by achieving a detection limit for
the constituent that does not exceed an order
[[Page 49]]
of magnitude above the level provided by Sec. 268.43 of this chapter
for F039 nonwastewaters. In complying with the Sec. 268.43 of this
chapter F039 nonwastewater levels for polychlorinated dibenzo-p-dioxins
and polychlorinated dibenzo-furans, analyses must be performed for total
hexachlorodibenzo-p-dioxins, total hexachlorodibenzofurans, total
pentachlorodibenzo-p-dioxins, total pentachlorodibenzofurans, total
tetrachlorodibenzo-p-dioxins, and total tetrachlorodibenzofurans.
Note to this paragraph (b)(2)(i): The administrative stay, under the
condition that the owner or operator complies with alternative levels
defined as the land disposal restriction limits specified in Sec.
268.43 of this chapter for F039 nonwastewaters, remains in effect until
further administrative action is taken and notice is published in the
Federal Register and the Code of Federal Regulations.
(ii) Metal constituents. The concentration of metals in an extract
obtained using the Toxicity Characteristic Leaching Procedure of Sec.
261.24 of this chapter must not exceed the levels specified in appendix
VII of this part; and
(iii) Sampling and analysis. Waste-derived residue shall be sampled
and analyzed as often as necessary to determine whether the residue
generated during each 24-hour period has concentrations of toxic
constituents that are higher than the health-based levels.
Concentrations of toxic constituents of concern in the waste-derived
residue shall be determined based on analysis of one or more samples
obtained over a 24-hour period. Multiple samples may be analyzed, and
multiple samples may be taken to form a composite sample for analysis
provided that the sampling period does not exceed 24 hours. If more than
one sample is analyzed to characterize waste-derived residues generated
over a 24-hour period, the concentration of each toxic constituent shall
be the arithmetic mean of the concentrations in the samples. No results
may be disregarded; and
(c) Records sufficient to document compliance with the provisions of
this section shall be retained until closure of the boiler or industrial
furnace unit. At a minimum, the following shall be recorded.
(1) Levels of constituents in appendix VIII, part 261, that are
present in waste-derived residues;
(2) If the waste-derived residue is compared with normal residue
under paragraph (b)(1) of this section:
(i) The levels of constituents in appendix VIII, part 261, that are
present in normal residues; and
(ii) Data and information, including analyses of samples as
necessary, obtained to determine if changes in raw materials or fuels
would reduce the concentration of toxic constituents of concern in the
normal residue.
[50 FR 666, Jan. 4, 1985, as amended at 56 FR 42516, Aug. 27, 1991; 57
FR 38566, Aug. 25, 1992; 58 FR 59602, Nov. 9, 1993; 64 FR 53076, Sept.
30, 1999; 70 FR 34588, June 14, 2005]
Subparts I-L [Reserved]
Subpart M_Military Munitions
Source: 62 FR 6654, Feb. 12, 1997, unless otherwise noted.
Sec. 266.200 Applicability.
(a) The regulations in this subpart identify when military munitions
become a solid waste, and, if these wastes are also hazardous under this
subpart or 40 CFR part 261, the management standards that apply to these
wastes.
(b) Unless otherwise specified in this subpart, all applicable
requirements in 40 CFR parts 260 through 270 apply to waste military
munitions.
Sec. 266.201 Definitions.
In addition to the definitions in 40 CFR 260.10, the following
definitions apply to this subpart:
Active range means a military range that is currently in service and
is being regularly used for range activities.
Chemical agents and munitions are defined as in 50 U.S.C. section
1521(j)(1).
Director is as defined in 40 CFR 270.2.
Explosives or munitions emergency response specialist is as defined
in 40 CFR 260.10.
Explosives or munitions emergency is as defined in 40 CFR 260.10.
Explosives or munitions emergency response is as defined in 40 CFR
260.10.
Inactive range means a military range that is not currently being
used, but
[[Page 50]]
that is still under military control and considered by the military to
be a potential range area, and that has not been put to a new use that
is incompatible with range activities.
Military means the Department of Defense (DOD), the Armed Services,
Coast Guard, National Guard, Department of Energy (DOE), or other
parties under contract or acting as an agent for the foregoing, who
handle military munitions.
Military munitions is as defined in 40 CFR 260.10.
Military range means designated land and water areas set aside,
managed, and used to conduct research on, develop, test, and evaluate
military munitions and explosives, other ordnance, or weapon systems, or
to train military personnel in their use and handling. Ranges include
firing lines and positions, maneuver areas, firing lanes, test pads,
detonation pads, impact areas, and buffer zones with restricted access
and exclusionary areas.
Unexploded ordnance (UXO) means military munitions that have been
primed, fused, armed, or otherwise prepared for action, and have been
fired, dropped, launched, projected, or placed in such a manner as to
constitute a hazard to operations, installation, personnel, or material
and remain unexploded either by malfunction, design, or any other cause.
Sec. 266.202 Definition of solid waste.
(a) A military munition is not a solid waste when:
(1) Used for its intended purpose, including:
(i) Use in training military personnel or explosives and munitions
emergency response specialists (including training in proper destruction
of unused propellant or other munitions); or
(ii) Use in research, development, testing, and evaluation of
military munitions, weapons, or weapon systems; or
(iii) Recovery, collection, and on-range destruction of unexploded
ordnance and munitions fragments during range clearance activities at
active or inactive ranges. However, ``use for intended purpose'' does
not include the on-range disposal or burial of unexploded ordnance and
contaminants when the burial is not a result of product use.
(2) An unused munition, or component thereof, is being repaired,
reused, recycled, reclaimed, disassembled, reconfigured, or otherwise
subjected to materials recovery activities, unless such activities
involve use constituting disposal as defined in 40 CFR 261.2(c)(1), or
burning for energy recovery as defined in 40 CFR 261.2(c)(2).
(b) An unused military munition is a solid waste when any of the
following occurs:
(1) The munition is abandoned by being disposed of, burned,
detonated (except during intended use as specified in paragraph (a) of
this section), incinerated, or treated prior to disposal; or
(2) The munition is removed from storage in a military magazine or
other storage area for the purpose of being disposed of, burned, or
incinerated, or treated prior to disposal, or
(3) The munition is deteriorated or damaged (e.g., the integrity of
the munition is compromised by cracks, leaks, or other damage) to the
point that it cannot be put into serviceable condition, and cannot
reasonably be recycled or used for other purposes; or
(4) The munition has been declared a solid waste by an authorized
military official.
(c) A used or fired military munition is a solid waste:
(1) When transported off range or from the site of use, where the
site of use is not a range, for the purposes of storage, reclamation,
treatment, disposal, or treatment prior to disposal; or
(2) If recovered, collected, and then disposed of by burial, or
landfilling either on or off a range.
(d) For purposes of RCRA section 1004(27), a used or fired military
munition is a solid waste, and, therefore, is potentially subject to
RCRA corrective action authorities under sections 3004(u) and (v), and
3008(h), or imminent and substantial endangerment authorities under
section 7003, if the munition lands off-range and is not promptly
rendered safe and/or retrieved. Any imminent and substantial threats
associated with any remaining material must be addressed. If remedial
action is infeasible, the operator of
[[Page 51]]
the range must maintain a record of the event for as long as any threat
remains. The record must include the type of munition and its location
(to the extent the location is known).
Sec. 266.203 Standards applicable to the transportation of solid
waste military munitions.
(a) Criteria for hazardous waste regulation of waste non-chemical
military munitions in transportation. (1) Waste military munitions that
are being transported and that exhibit a hazardous waste characteristic
or are listed as hazardous waste under 40 CFR part 261, are listed or
identified as a hazardous waste (and thus are subject to regulation
under 40 CFR parts 260 through 270), unless all the following conditions
are met:
(i) The waste military munitions are not chemical agents or chemical
munitions;
(ii) The waste military munitions must be transported in accordance
with the Department of Defense shipping controls applicable to the
transport of military munitions;
(iii) The waste military munitions must be transported from a
military owned or operated installation to a military owned or operated
treatment, storage, or disposal facility; and
(iv) The transporter of the waste must provide oral notice to the
Director within 24 hours from the time the transporter becomes aware of
any loss or theft of the waste military munitions, or any failure to
meet a condition of paragraph (a)(1) of this section that may endanger
health or the environment. In addition, a written submission describing
the circumstances shall be provided within 5 days from the time the
transporter becomes aware of any loss or theft of the waste military
munitions or any failure to meet a condition of paragraph (a)(1) of this
section.
(2) If any waste military munitions shipped under paragraph (a)(1)
of this section are not received by the receiving facility within 45
days of the day the waste was shipped, the owner or operator of the
receiving facility must report this non-receipt to the Director within 5
days.
(3) The exemption in paragraph (a)(1) of this section from
regulation as hazardous waste shall apply only to the transportation of
non-chemical waste military munitions. It does not affect the regulatory
status of waste military munitions as hazardous wastes with regard to
storage, treatment or disposal.
(4) The conditional exemption in paragraph (a)(1) of this section
applies only so long as all of the conditions in paragraph (a)(1) of
this section are met.
(b) Reinstatement of exemption. If any waste military munition loses
its exemption under paragraph (a)(1) of this section, an application may
be filed with the Director for reinstatement of the exemption from
hazardous waste transportation regulation with respect to such munition
as soon as the munition is returned to compliance with the conditions of
paragraph (a)(1) of this section. If the Director finds that
reinstatement of the exemption is appropriate based on factors such as
the transporter's provision of a satisfactory explanation of the
circumstances of the violation, or a demonstration that the violations
are not likely to recur, the Director may reinstate the exemption under
paragraph (a)(1) of this section. If the Director does not take action
on the reinstatement application within 60 days after receipt of the
application, then reinstatement shall be deemed granted, retroactive to
the date of the application. However, the Director may terminate a
conditional exemption reinstated by default in the preceding sentence if
the Director finds that reinstatement is inappropriate based on factors
such as the transporter's failure to provide a satisfactory explanation
of the circumstances of the violation, or failure to demonstrate that
the violations are not likely to recur. In reinstating the exemption
under paragraph (a)(1) of this section, the Director may specify
additional conditions as are necessary to ensure and document proper
transportation to protect human health and the environment.
(c) Amendments to DOD shipping controls. The Department of Defense
shipping controls applicable to the transport of military munitions
referenced in paragraph (a)(1)(ii) of this section are Government Bill
of Lading (GBL)
[[Page 52]]
(GSA Standard Form 1109), requisition tracking form DD Form 1348, the
Signature and Talley Record (DD Form 1907), Special Instructions for
Motor Vehicle Drivers (DD Form 836), and the Motor Vehicle Inspection
Report (DD Form 626) in effect on November 8, 1995, except as provided
in the following sentence. Any amendments to the Department of Defense
shipping controls shall become effective for purposes of paragraph
(a)(1) of this section on the date the Department of Defense publishes
notice in the Federal Register that the shipping controls referenced in
paragraph (a)(1)(ii) of this section have been amended.
Sec. 266.204 Standards applicable to emergency responses.
Explosives and munitions emergencies involving military munitions or
explosives are subject to 40 CFR 262.10(i), 263.10(e), 264.1(g)(8),
265.1(c)(11), and 270.1(c)(3), or alternatively to 40 CFR 270.61.
Sec. 266.205 Standards applicable to the storage of solid waste
military munitions.
(a) Criteria for hazardous waste regulation of waste non-chemical
military munitions in storage. (1) Waste military munitions in storage
that exhibit a hazardous waste characteristic or are listed as hazardous
waste under 40 CFR Part 261, are listed or identified as a hazardous
waste (and thus are subject to regulation under 40 CFR Parts 260 through
279), unless all the following conditions are met:
(i) The waste military munitions are not chemical agents or chemical
munitions.
(ii) The waste military munitions must be subject to the
jurisdiction of the Department of Defense Explosives Safety Board
(DDESB).
(iii) The waste military munitions must be stored in accordance with
the DDESB storage standards applicable to waste military munitions.
(iv) Within 90 days of August 12, 1997 or within 90 days of when a
storage unit is first used to store waste military munitions, whichever
is later, the owner or operator must notify the Director of the location
of any waste storage unit used to store waste military munitions for
which the conditional exemption in paragraph (a)(1) is claimed.
(v) The owner or operator must provide oral notice to the Director
within 24 hours from the time the owner or operator becomes aware of any
loss or theft of the waste military munitions, or any failure to meet a
condition of paragraph (a)(1) that may endanger health or the
environment. In addition, a written submission describing the
circumstances shall be provided within 5 days from the time the owner or
operator becomes aware of any loss or theft of the waste military
munitions or any failure to meet a condition of paragraph (a)(1) of this
section.
(vi) The owner or operator must inventory the waste military
munitions at least annually, must inspect the waste military munitions
at least quarterly for compliance with the conditions of paragraph
(a)(1) of this section, and must maintain records of the findings of
these inventories and inspections for at least three years.
(vii) Access to the stored waste military munitions must be limited
to appropriately trained and authorized personnel.
(2) The conditional exemption in paragraph (a)(1) of this section
from regulation as hazardous waste shall apply only to the storage of
non-chemical waste military munitions. It does not affect the regulatory
status of waste military munitions as hazardous wastes with regard to
transportation, treatment or disposal.
(3) The conditional exemption in paragraph (a)(1) of this section
applies only so long as all of the conditions in paragraph (a)(1) of
this section are met.
(b) Notice of termination of waste storage. The owner or operator
must notify the Director when a storage unit identified in paragraph
(a)(1)(iv) of this section will no longer be used to store waste
military munitions.
(c) Reinstatement of conditional exemption. If any waste military
munition loses its conditional exemption under paragraph (a)(1) of this
section, an application may be filed with the Director for reinstatement
of the conditional exemption from hazardous waste storage regulation
with respect
[[Page 53]]
to such munition as soon as the munition is returned to compliance with
the conditions of paragraph (a)(1) of this section. If the Director
finds that reinstatement of the conditional exemption is appropriate
based on factors such as the owner's or operator's provision of a
satisfactory explanation of the circumstances of the violation, or a
demonstration that the violations are not likely to recur, the Director
may reinstate the conditional exemption under paragraph (a)(1) of this
section. If the Director does not take action on the reinstatement
application within 60 days after receipt of the application, then
reinstatement shall be deemed granted, retroactive to the date of the
application. However, the Director may terminate a conditional exemption
reinstated by default in the preceding sentence if he/she finds that
reinstatement is inappropriate based on factors such as the owner's or
operator's failure to provide a satisfactory explanation of the
circumstances of the violation, or failure to demonstrate that the
violations are not likely to recur. In reinstating the conditional
exemption under paragraph (a)(1) of this section, the Director may
specify additional conditions as are necessary to ensure and document
proper storage to protect human health and the environment.
(d) Waste chemical munitions. (1) Waste military munitions that are
chemical agents or chemical munitions and that exhibit a hazardous waste
characteristic or are listed as hazardous waste under 40 CFR Part 261,
are listed or identified as a hazardous waste and shall be subject to
the applicable regulatory requirements of RCRA subtitle C.
(2) Waste military munitions that are chemical agents or chemical
munitions and that exhibit a hazardous waste characteristic or are
listed as hazardous waste under 40 CFR Part 261, are not subject to the
storage prohibition in RCRA section 3004(j), codified at 40 CFR 268.50.
(e) Amendments to DDESB storage standards. The DDESB storage
standards applicable to waste military munitions, referenced in
paragraph (a)(1)(iii) of this section, are DOD 6055.9-STD (``DOD
Ammunition and Explosive Safety Standards''), in effect on November 8,
1995, except as provided in the following sentence. Any amendments to
the DDESB storage standards shall become effective for purposes of
paragraph (a)(1) of this section on the date the Department of Defense
publishes notice in the Federal Register that the DDESB standards
referenced in paragraph (a)(1) of this section have been amended.
Sec. 266.206 Standards applicable to the treatment and disposal
of waste military munitions.
The treatment and disposal of hazardous waste military munitions are
subject to the applicable permitting, procedural, and technical
standards in 40 CFR Parts 260 through 270.
Subpart N_Conditional Exemption for Low-Level Mixed Waste Storage,
Treatment, Transportation and Disposal
Source: 66 FR 27262, May 16, 2001, unless otherwise noted.
Terms
Sec. 266.210 What definitions apply to this subpart?
This subpart uses the following special definitions:
Agreement State means a state that has entered into an agreement
with the NRC under subsection 274b of the Atomic Energy Act of 1954, as
amended (68 Stat. 919), to assume responsibility for regulating within
its borders byproduct, source, or special nuclear material in quantities
not sufficient to form a critical mass.
Certified delivery means certified mail with return receipt
requested, or equivalent courier service, or other means, that provides
the sender with a receipt confirming delivery.
Director refers to the definition in 40 CFR 270.2.
Eligible Naturally Occurring and/or Accelerator-produced Radioactive
Material (NARM) is NARM that is eligible for the Transportation and
Disposal Conditional Exemption. It is a NARM waste that contains RCRA
hazardous waste, meets the waste acceptance criteria of,
[[Page 54]]
and is allowed by State NARM regulations to be disposed of at a low-
level radioactive waste disposal facility (LLRWDF) licensed in
accordance with 10 CFR part 61 or NRC Agreement State equivalent
regulations.
Exempted waste means a waste that meets the eligibility criteria in
266.225 and meets all of the conditions in Sec. 266.230, or meets the
eligibility criteria in 40 CFR 266.310 and complies with all the
conditions in Sec. 266.315. Such waste is conditionally exempted from
the regulatory definition of hazardous waste described in 40 CFR 261.3.
Hazardous Waste means any material which is defined to be hazardous
waste in accordance with 40 CFR 261.3, ``Definition of Hazardous
Waste.''
Land Disposal Restriction (LDR) Treatment Standards means treatment
standards, under 40 CFR part 268, that a RCRA hazardous waste must meet
before it can be disposed of in a RCRA hazardous waste land disposal
unit.
License means a license issued by the Nuclear Regulatory Commission,
or NRC Agreement State, to users that manage radionuclides regulated by
NRC, or NRC Agreement States, under authority of the Atomic Energy Act
of 1954, as amended.
Low-Level Mixed Waste (LLMW) is a waste that contains both low-level
radioactive waste and RCRA hazardous waste.
Low-Level Radioactive Waste (LLW) is a radioactive waste which
contains source, special nuclear, or byproduct material, and which is
not classified as high-level radioactive waste, transuranic waste, spent
nuclear fuel, or byproduct material as defined in section 11e.(2) of the
Atomic Energy Act. (See also NRC definition of ``waste'' at 10 CFR 61.2)
Mixed Waste means a waste that contains both RCRA hazardous waste
and source, special nuclear, or byproduct material subject to the Atomic
Energy Act of 1954, as amended.
Naturally Occurring and/or Accelerator-produced Radioactive Material
(NARM) means radioactive materials that:
(1) Are naturally occurring and are not source, special nuclear, or
byproduct materials (as defined by the AEA) or
(2) Are produced by an accelerator. NARM is regulated by the States
under State law, or by DOE (as authorized by the AEA) under DOE orders.
NRC means the U. S. Nuclear Regulatory Commission.
We or us within this subpart, means the Director as defined in 40
CFR 270.2.
You means a generator, treater, or other handler of low-level mixed
waste or eligible NARM.
Storage and Treatment Conditional Exemption and Eligibility
Sec. 266.220 What does a storage and treatment conditional exemption do?
The storage and treatment conditional exemption exempts your low-
level mixed waste from the regulatory definition of hazardous waste in
40 CFR 261.3 if your waste meets the eligibility criteria in Sec.
266.225 and you meet the conditions in Sec. 266.230.
Sec. 266.225 What wastes are eligible for the storage and treatment
conditional exemption?
Low-level mixed waste (LLMW), defined in Sec. 266.210, is eligible
for this conditional exemption if it is generated and managed by you
under a single NRC or NRC Agreement State license. (Mixed waste
generated at a facility with a different license number and shipped to
your facility for storage or treatment requires a permit and is
ineligible for this exemption. In addition, NARM waste is ineligible
this exemption.)
Sec. 266.230 What conditions must you meet for your LLMW to qualify
for and maintain a storage and treatment exemption?
(a) For your LLMW to qualify for the exemption you must notify us in
writing by certified delivery that you are claiming a conditional
exemption for the LLMW stored on your facility. The dated notification
must include your name, address, RCRA identification number, NRC or NRC
Agreement State license number, the waste code(s) and storage unit(s)
for which you are seeking an exemption, and a statement that you meet
the conditions of this subpart. Your notification must be
[[Page 55]]
signed by your authorized representative who certifies that the
information in the notification is true, accurate, and complete. You
must notify us of your claim either within 90 days of the effective date
of this rule in your State, or within 90 days of when a storage unit is
first used to store conditionally exempt LLMW.
(b) To qualify for and maintain an exemption for your LLMW you must:
(1) Store your LLMW waste in tanks or containers in compliance with
the requirements of your license that apply to the proper storage of
low-level radioactive waste (not including those license requirements
that relate solely to recordkeeping);
(2) Store your LLMW in tanks or containers in compliance with
chemical compatibility requirements of a tank or container in 40 CFR
264.177, or 264.199 or 40 CFR 265.177, or 265.199;
(3) Certify that facility personnel who manage stored conditionally
exempt LLMW are trained in a manner that ensures that the conditionally
exempt waste is safely managed and includes training in chemical waste
management and hazardous materials incidents response that meets the
personnel training standards found in 40 CFR 265.16(a)(3);
(4) Conduct an inventory of your stored conditionally exempt LLMW at
least annually and inspect it at least quarterly for compliance with
subpart N of this part; and
(5) Maintain an accurate emergency plan and provide it to all local
authorities who may have to respond to a fire, explosion, or release of
hazardous waste or hazardous constituents. Your plan must describe
emergency response arrangements with local authorities; describe
evacuation plans; list the names, addresses, and telephone numbers of
all facility personnel qualified to work with local authorities as
emergency coordinators; and list emergency equipment.
Treatment
Sec. 266.235 What waste treatment does the storage and treatment
conditional exemption allow?
You may treat your low-level mixed waste at your facility within a
tank or container in accordance with the terms of your NRC or NRC
Agreement State license. Treatment that cannot be done in a tank or
container without a RCRA permit (such as incineration) is not allowed
under this exemption.
Loss of Conditional Exemption
Sec. 266.240 How could you lose the conditional exemption for your
LLMW and what action must you take?
(a) Your LLMW will automatically lose the storage and treatment
conditional exemption if you fail to meet any of the conditions
specified in Sec. 266.230. When your LLMW loses the exemption, you must
immediately manage that waste which failed the condition as RCRA
hazardous waste, and the storage unit storing the LLMW immediately
becomes subject to RCRA hazardous waste container and/or tank storage
requirements.
(1) If you fail to meet any of the conditions specified in Sec.
266.230 you must report to us and the NRC, or the oversight agency in
the NRC Agreement State, in writing by certified delivery within 30 days
of learning of the failure. Your report must be signed by your
authorized representative certifying that the information provided is
true, accurate, and complete. This report must include:
(i) The specific condition(s) you failed to meet;
(ii) A description of the LLMW (including the waste name, hazardous
waste codes and quantity) and storage location at the facility; and
(iii) The date(s) on which you failed to meet the condition(s).
(2) If the failure to meet any of the conditions may endanger human
health or the environment, you must also immediately notify us orally
within 24 hours and follow up with a written notification within five
days. Failures that may endanger human health or the environment
include, but are not limited to, discharge of a CERCLA reportable
quantity or other leaking or exploding tanks or containers, or detection
of radionuclides above background or hazardous constituents in the
leachate collection system of a storage area. If the failure may
endanger human health or the environment, you must follow the provisions
of your emergency plan.
[[Page 56]]
(b) We may terminate your conditional exemption for your LLMW, or
require you to meet additional conditions to claim a conditional
exemption, for serious or repeated noncompliance with any requirement(s)
of subpart N of this part.
Sec. 266.245 If you lose the storage and treatment conditional
exemption for your LLMW, can the exemption be reclaimed?
(a) You may reclaim the storage and treatment exemption for your
LLMW if:
(1) You again meet the conditions specified in Sec. 266.230; and
(2) You send us a notice by certified delivery that you are
reclaiming the exemption for your LLMW. Your notice must be signed by
your authorized representative certifying that the information contained
in your notice is true, complete, and accurate. In your notice you must
do the following:
(i) Explain the circumstances of each failure.
(ii) Certify that you have corrected each failure that caused you to
lose the exemption for your LLMW and that you again meet all the
conditions as of the date you specify.
(iii) Describe plans that you have implemented, listing specific
steps you have taken, to ensure the conditions will be met in the
future.
(iv) Include any other information you want us to consider when we
review your notice reclaiming the exemption.
(b) We may terminate a reclaimed conditional exemption if we find
that your claim is inappropriate based on factors including, but not
limited to, the following: you have failed to correct the problem; you
explained the circumstances of the failure unsatisfactorily; or you
failed to implement a plan with steps to prevent another failure to meet
the conditions of Sec. 266.230. In reviewing a reclaimed conditional
exemption under this section, we may add conditions to the exemption to
ensure that waste management during storage and treatment of the LLMW
will protect human health and the environment.
Recordkeeping
Sec. 266.250 What records must you keep at your facility and for
how long?
(a) In addition to those records required by your NRC or NRC
Agreement State license, you must keep records as follows:
(1) Your initial notification records, return receipts, reports to
us of failure(s) to meet the exemption conditions, and all records
supporting any reclaim of an exemption;
(2) Records of your LLMW annual inventories, and quarterly
inspections;
(3) Your certification that facility personnel who manage stored
mixed waste are trained in safe management of LLMW including training in
chemical waste management and hazardous materials incidents response;
and
(4) Your emergency plan as specified in Sec. 266.230(b).
(b) You must maintain records concerning notification, personnel
trained, and your emergency plan for as long as you claim this exemption
and for three years thereafter, or in accordance with NRC regulations
under 10 CFR part 20 (or equivalent NRC Agreement State regulations),
whichever is longer. You must maintain records concerning your annual
inventory and quarterly inspections for three years after the waste is
sent for disposal, or in accordance with NRC regulations under 10 CFR
part 20 (or equivalent NRC Agreement State regulations), whichever is
longer.
Reentry Into RCRA
Sec. 266.255 When is your LLMW no longer eligible for the storage
and treatment conditional exemption?
(a) When your LLMW has met the requirements of your NRC or NRC
Agreement State license for decay-in-storage and can be disposed of as
non-radioactive waste, then the conditional exemption for storage no
longer applies. On that date your waste is subject to hazardous waste
regulation under the relevant sections of 40 CFR parts 260 through 271,
and the time period for accumulation of a hazardous waste as specified
in 40 CFR 262.16 or 262.17 begins.
(b) When your conditionally exempt LLMW, which has been generated
and stored under a single NRC or NRC
[[Page 57]]
Agreement State license number, is removed from storage, it is no longer
eligible for the storage and treatment exemption. However, your waste
may be eligible for the transportation and disposal conditional
exemption at Sec. 266.305.
[66 FR 27262, May 16, 2001, as amended at 81 FR 85827, Nov. 28, 2016]
Storage Unit Closure
Sec. 266.260 Do closure requirements apply to units that stored LLMW
prior to the effective date of Subpart N?
Interim status and permitted storage units that have been used to
store only LLMW prior to the effective date of subpart N of this part
and, after that date, store only LLMW which becomes exempt under this
subpart N, are not subject to the closure requirements of 40 CFR parts
264 and 265. Storage units (or portions of units) that have been used to
store both LLMW and non-mixed hazardous waste prior to the effective
date of subpart N or are used to store both after that date remain
subject to closure requirements with respect to the non-mixed hazardous
waste.
Transportation and Disposal Conditional Exemption
Sec. 266.305 What does the transportation and disposal conditional
exemption do?
This conditional exemption exempts your waste from the regulatory
definition of hazardous waste in 40 CFR 261.3 if your waste meets the
eligibility criteria under Sec. 266.310, and you meet the conditions in
Sec. 266.315.
Eligibility
Sec. 266.310 What wastes are eligible for the transportation and
disposal conditional exemption?
Eligible waste must be:
(a) A low-level mixed waste (LLMW), as defined in Sec. 266.210,
that meets the waste acceptance criteria of a LLRWDF; and/or
(b) An eligible NARM waste, defined in Sec. 266.210.
Conditions
Sec. 266.315 What are the conditions you must meet for your waste
to qualify for and maintain the transportation and disposal conditional
exemption?
You must meet the following conditions for your eligible waste to
qualify for and maintain the exemption:
(a) The eligible waste must meet or be treated to meet LDR treatment
standards as described in Sec. 266.320.
(b) If you are not already subject to NRC, or NRC Agreement State
equivalent manifest and transportation regulations for the shipment of
your waste, you must manifest and transport your waste according to NRC
regulations as described in Sec. 266.325.
(c) The exempted waste must be in containers when it is disposed of
in the LLRWDF as described in Sec. 266.340.
(d) The exempted waste must be disposed of at a designated LLRWDF as
described in Sec. 266.335.
Sec. 266.320 What treatment standards must your eligible waste meet?
Your LLMW or eligible NARM waste must meet Land Disposal Restriction
(LDR) treatment standards specified in 40 CFR part 268, subpart D.
Sec. 266.325 Are you subject to the manifest and transportation
condition in Sec. 266.315(b)?
If you are not already subject to NRC, or NRC Agreement State
equivalent manifest and transportation regulations for the shipment of
your waste, you must meet the manifest requirements under 10 CFR 20.2006
(or NRC Agreement State equivalent regulations), and the transportation
requirements under 10 CFR 1.5 (or NRC Agreement State equivalent
regulations) to ship the exempted waste.
Sec. 266.330 When does the transportation and disposal exemption
take effect?
The exemption becomes effective once all the following have
occurred:
(a) Your eligible waste meets the applicable LDR treatment
standards.
(b) You have received return receipts that you have notified us and
the LLRWDF as described in Sec. 266.345.
[[Page 58]]
(c) You have completed the packaging and preparation for shipment
requirements for your waste according to NRC Packaging and
Transportation regulations found under 10 CFR part 71 (or NRC Agreement
State equivalent regulations); and you have prepared a manifest for your
waste according to NRC manifest regulations found under 10 CFR part 20
(or NRC Agreement State equivalent regulations), and
(d) You have placed your waste on a transportation vehicle destined
for a LLRWDF licensed by NRC or an NRC Agreement State.
Sec. 266.335 Where must your exempted waste be disposed of?
Your exempted waste must be disposed of in a LLRWDF that is
regulated and licensed by NRC under 10 CFR part 61 or by an NRC
Agreement State under equivalent State regulations, including State NARM
licensing regulations for eligible NARM.
Sec. 266.340 What type of container must be used for disposal of
exempted waste?
Your exempted waste must be placed in containers before it is
disposed. The container must be:
(a) A carbon steel drum; or
(b) An alternative container with equivalent containment performance
in the disposal environment as a carbon steel drum; or
(c) A high integrity container as defined by NRC.
Notification
Sec. 266.345 Whom must you notify?
(a) You must provide a one time notice to us stating that you are
claiming the transportation and disposal conditional exemption prior to
the initial shipment of an exempted waste from your facility to a
LLRWDF. Your dated written notice must include your facility name,
address, phone number, and RCRA ID number, and be sent by certified
delivery.
(b) You must notify the LLRWDF receiving your exempted waste by
certified delivery before shipment of each exempted waste. You can only
ship the exempted waste after you have received the return receipt of
your notice to the LLRWDF. This notification must include the following:
(1) A statement that you have claimed the exemption for the waste.
(2) A statement that the eligible waste meets applicable LDR
treatment standards.
(3) Your facility's name, address, and RCRA ID number.
(4) The RCRA hazardous waste codes prior to the exemption of the
waste streams.
(5) A statement that the exempted waste must be placed in a
container according to Sec. 266.340 prior to disposal in order for the
waste to remain exempt under the transportation and disposal conditional
exemption of subpart N of this part.
(6) The manifest number of the shipment that will contain the
exempted waste.
(7) A certification that all the information provided is true,
complete, and accurate. The statement must be signed by your authorized
representative.
Recordkeeping
Sec. 266.350 What records must you keep at your facility and for
how long?
In addition to those records required by your NRC or NRC Agreement
State license, you must keep records as follows:
(a) You must follow the applicable existing recordkeeping
requirements under 40 CFR 264.73, 40 CFR 265.73, and 40 CFR 268.7 of
this chapter to demonstrate that your waste has met LDR treatment
standards prior to your claiming the exemption.
(b) You must keep a copy of all notifications and return receipts
required under Sec. Sec. 266.355, and 266.360 for three years after the
exempted waste is sent for disposal.
(c) You must keep a copy of all notifications and return receipts
required under Sec. 266.345(a) for three years after the last exempted
waste is sent for disposal.
(d) You must keep a copy of the notification and return receipt
required under Sec. 266.345(b) for three years after the exempted waste
is sent for disposal.
[[Page 59]]
(e) If you are not already subject to NRC, or NRC Agreement State
equivalent manifest and transportation regulations for the shipment of
your waste, you must also keep all other documents related to tracking
the exempted waste as required under 10 CFR 20.2006 or NRC Agreement
State equivalent regulations, including applicable NARM requirements, in
addition to the records specified in Sec. 266.350(a) through (d).
Loss of Transportation and Disposal Conditional Exemption
Sec. 266.355 How could you lose the transportation and disposal
conditional exemption for your waste and what actions must you take?
(a) Any waste will automatically lose the transportation and
disposal exemption if you fail to manage it in accordance with all of
the conditions specified in Sec. 266.315.
(1) When you fail to meet any of the conditions specified in Sec.
266.315 for any of your wastes, you must report to us, in writing by
certified delivery, within 30 days of learning of the failure. Your
report must be signed by your authorized representative certifying that
the information provided is true, accurate, and complete. This report
must include:
(i) The specific condition(s) that you failed to meet for the waste;
(ii) A description of the waste (including the waste name, hazardous
waste codes and quantity) that lost the exemption; and
(iii) The date(s) on which you failed to meet the condition(s) for
the waste.
(2) If the failure to meet any of the conditions may endanger human
health or the environment, you must also immediately notify us orally
within 24 hours and follow up with a written notification within 5 days.
(b) We may terminate your ability to claim a conditional exemption
for your waste, or require you to meet additional conditions to claim a
conditional exemption, for serious or repeated noncompliance with any
requirement(s) of subpart N of this part.
Sec. 266.360 If you lose the transportation and disposal conditional
exemption for a waste, can the exemption be reclaimed?
(a) You may reclaim the transportation and disposal exemption for a
waste after you have received a return receipt confirming that we have
received your notification of the loss of the exemption specified in
Sec. 266.355(a) and if:
(1) You again meet the conditions specified in Sec. 266.315 for the
waste; and
(2) You send a notice, by certified delivery, to us that you are
reclaiming the exemption for the waste. Your notice must be signed by
your authorized representative certifying that the information provided
is true, accurate, and complete. The notice must:
(i) Explain the circumstances of each failure.
(ii) Certify that each failure that caused you to lose the exemption
for the waste has been corrected and that you again meet all conditions
for the waste as of the date you specify.
(iii) Describe plans you have implemented, listing the specific
steps that you have taken, to ensure that conditions will be met in the
future.
(iv) Include any other information you want us to consider when we
review your notice reclaiming the exemption.
(b) We may terminate a reclaimed conditional exemption if we find
that your claim is inappropriate based on factors including, but not
limited to: you have failed to correct the problem; you explained the
circumstances of the failure unsatisfactorily; or you failed to
implement a plan with steps to prevent another failure to meet the
conditions of Sec. 266.315. In reviewing a reclaimed conditional
exemption under this section, we may add conditions to the exemption to
ensure that transportation and disposal activities will protect human
health and the environment.
Subpart O [Reserved]
[[Page 60]]
Subpart P_Hazardous Waste Pharmaceuticals
Effective Date Note: At 84 FR 5940, Feb. 22, 2019, Subpart P was
added, effective Aug. 21, 2019.
Sec. 266.500 Definitions for this subpart.
The following definitions apply to this subpart:
Evaluated hazardous waste pharmaceutical means a prescription
hazardous waste pharmaceutical that has been evaluated by a reverse
distributor in accordance with Sec. 266.510(a)(3) and will not be sent
to another reverse distributor for further evaluation or verification of
manufacture credit.
Hazardous waste pharmaceutical means a pharmaceutical that is a
solid waste, as defined in Sec. 261.2, and exhibits one or more
characteristics identified in part 261 subpart C or is listed in part
261 subpart D. A pharmaceutical is not a solid waste, as defined in
Sec. 261.2, and therefore not a hazardous waste pharmaceutical, if it
is legitimately used/reused (e.g., lawfully donated for its intended
purpose) or reclaimed. An over-the-counter pharmaceutical, dietary
supplement, or homeopathic drug is not a solid waste, as defined in
Sec. 261.2, and therefore not a hazardous waste pharmaceutical, if it
has a reasonable expectation of being legitimately used/reused (e.g.,
lawfully redistributed for its intended purpose) or reclaimed.
Healthcare facility means any person that is lawfully authorized
to--
(1) Provide preventative, diagnostic, therapeutic, rehabilitative,
maintenance or palliative care, and counseling, service, assessment or
procedure with respect to the physical or mental condition, or
functional status, of a human or animal or that affects the structure or
function of the human or animal body; or
(2) Distribute, sell, or dispense pharmaceuticals, including over-
the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or
prescription pharmaceuticals. This definition includes, but is not
limited to, wholesale distributors, third-party logistics providers that
serve as forward distributors, military medical logistics facilities,
hospitals, psychiatric hospitals, ambulatory surgical centers, health
clinics, physicians' offices, optical and dental providers,
chiropractors, long-term care facilities, ambulance services,
pharmacies, long-term care pharmacies, mail-order pharmacies, retailers
of pharmaceuticals, veterinary clinics, and veterinary hospitals. This
definition does not include pharmaceutical manufacturers, reverse
distributors, or reverse logistics centers.
Household waste pharmaceutical means a pharmaceutical that is a
solid waste, as defined in Sec. 261.2, but is excluded from being a
hazardous waste under Sec. 261.4(b)(1).
Long-term care facility means a licensed entity that provides
assistance with activities of daily living, including managing and
administering pharmaceuticals to one or more individuals at the
facility. This definition includes, but is not limited to, hospice
facilities, nursing facilities, skilled nursing facilities, and the
nursing and skilled nursing care portions of continuing care retirement
communities. Not included within the scope of this definition are group
homes, independent living communities, assisted living facilities, and
the independent and assisted living portions of continuing care
retirement communities.
Non-creditable hazardous waste pharmaceutical means a prescription
hazardous waste pharmaceutical that does not have a reasonable
expectation to be eligible for manufacturer credit or a nonprescription
hazardous waste pharmaceutical that does not have a reasonable
expectation to be legitimately used/reused or reclaimed. This includes
but is not limited to, investigational drugs, free samples of
pharmaceuticals received by healthcare facilities, residues of
pharmaceuticals remaining in empty containers, contaminated personal
protective equipment, floor sweepings, and clean-up material from the
spills of pharmaceuticals.
Non-hazardous waste pharmaceutical means a pharmaceutical that is a
solid waste, as defined in Sec. 261.2, and is not listed in 40 CFR part
261 subpart D, and does not exhibit a characteristic identified in 40
CFR part 261 subpart C.
Non-pharmaceutical hazardous waste means a solid waste, as defined
in Sec. 261.2, that is listed in 40 CFR part 261 subpart D, or exhibits
one or more
[[Page 61]]
characteristics identified in 40 CFR part 261 subpart C, but is not a
pharmaceutical, as defined in this section.
Pharmaceutical means any drug or dietary supplement for use by
humans or other animals; any electronic nicotine delivery system (e.g.,
electronic cigarette or vaping pen); or any liquid nicotine (e-liquid)
packaged for retail sale for use in electronic nicotine delivery systems
(e.g., pre-filled cartridges or vials). This definition includes, but is
not limited to, dietary supplements, as defined by the Federal Food,
Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR
203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs;
investigational new drugs; pharmaceuticals remaining in non-empty
containers; personal protective equipment contaminated with
pharmaceuticals; and clean-up material from spills of pharmaceuticals.
This definition does not include dental amalgam or sharps.
Potentially creditable hazardous waste pharmaceutical means a
prescription hazardous waste pharmaceutical that has a reasonable
expectation to receive manufacturer credit and is--
(1) In original manufacturer packaging (except pharmaceuticals that
were subject to a recall);
(2) Undispensed; and
(3) Unexpired or less than one year past expiration date. The term
does not include evaluated hazardous waste pharmaceuticals or
nonprescription pharmaceuticals including, but not limited to, over-the-
counter drugs, homeopathic drugs, and dietary supplements.
Reverse distributor means any person that receives and accumulates
prescription pharmaceuticals that are potentially creditable hazardous
waste pharmaceuticals for the purpose of facilitating or verifying
manufacturer credit. Any person, including forward distributors, third-
party logistics providers, and pharmaceutical manufacturers, that
processes prescription pharmaceuticals for the facilitation or
verification of manufacturer credit is considered a reverse distributor.
Sec. 266.501 Applicability.
(a) A healthcare facility that is a very small quantity generator
when counting all of its hazardous waste, including both its hazardous
waste pharmaceuticals and its non-pharmaceutical hazardous waste,
remains subject to Sec. 262.14 and is not subject to this subpart,
except for Sec. Sec. 266.505 and 266.507 and the optional provisions of
Sec. 266.504.
(b) A healthcare facility that is a very small quantity generator
when counting all of its hazardous waste, including both its hazardous
waste pharmaceuticals and its non-pharmaceutical hazardous waste, has
the option of complying with Sec. 266.501(d) for the management of its
hazardous waste pharmaceuticals as an alternative to complying with
Sec. 262.14 and the optional provisions of Sec. 266.504.
(c) A healthcare facility or reverse distributor remains subject to
all applicable hazardous waste regulations with respect to the
management of its non-pharmaceutical hazardous waste.
(d) With the exception of healthcare facilities identified in
paragraph (a) of this section, a healthcare facility is subject to the
following in lieu of parts 262 through 265:
(1) Sections 266.502 and 266.505 through 266.508 of this subpart
with respect to the management of:
(i) Non-creditable hazardous waste pharmaceuticals, and
(ii) Potentially creditable hazardous waste pharmaceuticals if they
are not destined for a reverse distributor.
(2) Sections 262.502(a), 266.503, 266.505 through 266.507, and
266.509 of this subpart with respect to the management of potentially
creditable hazardous waste pharmaceuticals that are prescription
pharmaceuticals and are destined for a reverse distributor.
(e) A reverse distributor is subject to Sec. Sec. 266.505 through
266.510 of this subpart in lieu of parts 262 through 265 with respect to
the management of hazardous waste pharmaceuticals.
(f) Hazardous waste pharmaceuticals generated or managed by entities
other than healthcare facilities and reverse distributors (e.g.,
pharmaceutical manufacturers and reverse logistics centers) are not
subject to this subpart. Other generators are subject to 40 CFR part 262
for the generation and accumulation of hazardous wastes, including
hazardous waste pharmaceuticals.
[[Page 62]]
(g) The following are not subject to 40 CFR parts 260 through 273,
except as specified:
(1) Pharmaceuticals that are not solid waste, as defined by Sec.
261.2, because they are legitimately used/reused (e.g., lawfully donated
for their intended purpose) or reclaimed.
(2) Over-the-counter pharmaceuticals, dietary supplements, or
homeopathic drugs that are not solid wastes, as defined by Sec. 261.2,
because they have a reasonable expectation of being legitimately used/
reused (e.g., lawfully redistributed for their intended purpose) or
reclaimed.
(3) Pharmaceuticals being managed in accordance with a recall
strategy that has been approved by the Food and Drug Administration in
accordance with 21 CFR part 7 subpart C. This subpart does apply to the
management of the recalled hazardous waste pharmaceuticals after the
Food and Drug Administration approves the destruction of the recalled
items.
(4) Pharmaceuticals being managed in accordance with a recall
corrective action plan that has been accepted by the Consumer Product
Safety Commission in accordance with 16 CFR part 1115. This subpart does
apply to the management of the recalled hazardous waste pharmaceuticals
after the Consumer Product Safety Commission approves the destruction of
the recalled items.
(5) Pharmaceuticals stored according to a preservation order, or
during an investigation or judicial proceeding until after the
preservation order, investigation, or judicial proceeding has concluded
and/or a decision is made to discard the pharmaceuticals.
(6) Investigational new drugs for which an investigational new drug
application is in effect in accordance with the Food and Drug
Administration's regulations in 21 CFR part 312. This subpart does apply
to the management of the investigational new drug after the decision is
made to discard the investigational new drug or the Food and Drug
Administration approves the destruction of the investigational new drug,
if the investigational new drug is a hazardous waste.
(7) Household waste pharmaceuticals, including those that have been
collected by an authorized collector (as defined by the Drug Enforcement
Administration), provided the authorized collector complies with the
conditional exemption in Sec. Sec. 266.506(a)(2) and 266.506(b).
Sec. 266.502 Standards for healthcare facilities managing
non-creditable hazardous waste pharmaceuticals.
(a) Notification and withdrawal from this subpart for healthcare
facilities managing hazardous waste pharmaceuticals--(1) Notification. A
healthcare facility must notify the EPA Regional Administrator, using
the Site Identification Form (EPA Form 8700-12), that it is a healthcare
facility operating under this subpart. A healthcare facility is not
required to fill out Box 10.B. (Waste Codes for Federally Regulated
Hazardous Waste) of the Site Identification Form with respect to its
hazardous waste pharmaceuticals. A healthcare facility must submit a
separate notification (Site Identification Form) for each site or EPA
identification number.
(i) A healthcare facility that already has an EPA identification
number must notify the EPA Regional Administrator, using the Site
Identification Form (EPA Form 8700-12), that it is a healthcare facility
as part of its next Biennial Report, if it is required to submit one; or
if not required to submit a Biennial Report, within 60 days of the
effective date of this subpart, or within 60 days of becoming subject to
this subpart.
(ii) A healthcare facility that does not have an EPA identification
number must obtain one by notifying the EPA Regional Administrator,
using the Site Identification Form (EPA Form 8700-12), that it is a
healthcare facility as part of its next Biennial Report, if it is
required to submit one; or if not required to submit a Biennial Report,
within 60 days of the effective date of this subpart, or within 60 days
of becoming subject to this subpart.
(iii) A healthcare facility must keep a copy of its notification on
file for as long as the healthcare facility is subject to this subpart.
(2) Withdrawal. A healthcare facility that operated under this
subpart but is
[[Page 63]]
no longer subject to this subpart, because it is a very small quantity
generator under Sec. 262.14, and elects to withdraw from this subpart,
must notify the appropriate EPA Regional Administrator using the Site
Identification Form (EPA Form 8700-12) that it is no longer operating
under this subpart. A healthcare facility is not required to fill out
Box 10.B. (Waste Codes for Federally Regulated Hazardous Waste) of the
Site Identification Form with respect to its hazardous waste
pharmaceuticals. A healthcare facility must submit a separate
notification (Site Identification Form) for each EPA identification
number.
(i) A healthcare facility must submit the Site Identification Form
notifying that it is withdrawing from this subpart before it begins
operating under the conditional exemption of Sec. 262.14.
(ii) A healthcare facility must keep a copy of its withdrawal on
file for three years from the date of signature on the notification of
its withdrawal.
(b) Training of personnel managing non-creditable hazardous waste
pharmaceuticals at healthcare facilities. A healthcare facility must
ensure that all personnel that manage non-creditable hazardous waste
pharmaceuticals are thoroughly familiar with proper waste handling and
emergency procedures relevant to their responsibilities during normal
facility operations and emergencies.
(c) Hazardous waste determination for non-creditable
pharmaceuticals. A healthcare facility that generates a solid waste that
is a non-creditable pharmaceutical must determine whether that
pharmaceutical is a hazardous waste pharmaceutical (i.e., it exhibits a
characteristic identified in 40 CFR part 261 subpart C or is listed in
40 CFR part 261 subpart D) in order to determine whether the waste is
subject to this subpart. A healthcare facility may choose to manage its
non-hazardous waste pharmaceuticals as non-creditable hazardous waste
pharmaceuticals under this subpart.
(d) Standards for containers used to accumulate non-creditable
hazardous waste pharmaceuticals at healthcare facilities. (1) A
healthcare facility must place non-creditable hazardous waste
pharmaceuticals in a container that is structurally sound, compatible
with its contents, and that lacks evidence of leakage, spillage, or
damage that could cause leakage under reasonably foreseeable conditions.
(2) A healthcare facility that manages ignitable or reactive non-
creditable hazardous waste pharmaceuticals, or that mixes or commingles
incompatible non-creditable hazardous waste pharmaceuticals must manage
the container so that it does not have the potential to:
(i) Generate extreme heat or pressure, fire or explosion, or violent
reaction;
(ii) Produce uncontrolled toxic mists, fumes, dusts, or gases in
sufficient quantities to threaten human health;
(iii) Produce uncontrolled flammable fumes or gases in sufficient
quantities to pose a risk of fire or explosions;
(iv) Damage the structural integrity of the container of non-
creditable hazardous waste pharmaceuticals; or
(v) Through other like means threaten human health or the
environment.
(3) A healthcare facility must keep containers of non-creditable
hazardous waste pharmaceuticals closed and secured in a manner that
prevents unauthorized access to its contents.
(4) A healthcare facility may accumulate non-creditable hazardous
waste pharmaceuticals and non-hazardous non-creditable waste
pharmaceuticals in the same container, except that non-creditable
hazardous waste pharmaceuticals prohibited from being combusted because
of the dilution prohibition of Sec. 268.3(c) must be accumulated in
separate containers and labeled with all applicable hazardous waste
numbers (i.e., hazardous waste codes).
(e) Labeling containers used to accumulate non-creditable hazardous
waste pharmaceuticals at healthcare facilities. A healthcare facility
must label or clearly mark each container of non-creditable hazardous
waste pharmaceuticals with the phrase ``Hazardous Waste
Pharmaceuticals.''
(f) Maximum accumulation time for non-creditable hazardous waste
pharmaceuticals at healthcare facilities. (1) A healthcare facility may
accumulate non-creditable hazardous waste pharmaceuticals on site for
one year or less
[[Page 64]]
without a permit or having interim status.
(2) A healthcare facility that accumulates non-creditable hazardous
waste pharmaceuticals on-site must demonstrate the length of time that
the non-creditable hazardous waste pharmaceuticals have been
accumulating, starting from the date it first becomes a waste. A
healthcare facility may make this demonstration by any of the following
methods:
(i) Marking or labeling the container of non-creditable hazardous
waste pharmaceuticals with the date that the non-creditable hazardous
waste pharmaceuticals became a waste;
(ii) Maintaining an inventory system that identifies the date the
non-creditable hazardous waste pharmaceuticals being accumulated first
became a waste;
(iii) Placing the non-creditable hazardous waste pharmaceuticals in
a specific area and identifying the earliest date that any of the non-
creditable hazardous waste pharmaceuticals in the area became a waste.
(g) Land disposal restrictions for non-creditable hazardous waste
pharmaceuticals. The non-creditable hazardous waste pharmaceuticals
generated by a healthcare facility are subject to the land disposal
restrictions of 40 CFR part 268. A healthcare facility that generates
non-creditable hazardous waste pharmaceuticals must comply with the land
disposal restrictions in accordance with Sec. 268.7(a) requirements,
except that it is not required to identify the hazardous waste numbers
(i.e., hazardous waste codes) on the land disposal restrictions
notification.
(h) Procedures for healthcare facilities for managing rejected
shipments of non-creditable hazardous waste pharmaceuticals. A
healthcare facility that sends a shipment of non-creditable hazardous
waste pharmaceuticals to a designated facility with the understanding
that the designated facility can accept and manage the waste, and later
receives that shipment back as a rejected load in accordance with the
manifest discrepancy provisions of Sec. 264.72 or Sec. 265.72 of this
chapter may accumulate the returned non-creditable hazardous waste
pharmaceuticals on site for up to an additional 90 days provided the
rejected or returned shipment is managed in accordance with paragraphs
(d) and (e) of this section. Upon receipt of the returned shipment, the
healthcare facility must:
(1) Sign either:
(i) Item 18c of the original manifest, if the original manifest was
used for the returned shipment; or
(ii) Item 20 of the new manifest, if a new manifest was used for the
returned shipment;
(2) Provide the transporter a copy of the manifest;
(3) Within 30 days of receipt of the rejected shipment, send a copy
of the manifest to the designated facility that returned the shipment to
the healthcare facility; and
(4) Within 90 days of receipt of the rejected shipment, transport or
offer for transport the returned shipment in accordance with the
shipping standards of Sec. 266.508(a).
(i) Reporting by healthcare facilities for non-creditable hazardous
waste pharmaceuticals--(1) Biennial reporting by healthcare facilities.
Healthcare facilities are not subject to biennial reporting requirements
under Sec. 262.41, with respect to non-creditable hazardous waste
pharmaceuticals managed under this subpart.
(2) Exception reporting by healthcare facilities for a missing copy
of the manifest--(i) For shipments from a healthcare facility to a
designated facility. (A) If a healthcare facility does not receive a
copy of the manifest with the signature of the owner or operator of the
designated facility within 60 days of the date the non-creditable
hazardous waste pharmaceuticals were accepted by the initial
transporter, the healthcare facility must submit:
(1) A legible copy of the original manifest, indicating that the
healthcare facility has not received confirmation of delivery, to the
EPA Regional Administrator for the Region in which the healthcare
facility is located; and
(2) A handwritten or typed note on the manifest itself, or on an
attached sheet of paper, stating that the return copy was not received
and explaining the efforts taken to locate the non-
[[Page 65]]
creditable hazardous waste pharmaceuticals and the results of those
efforts.
(B) [Reserved]
(ii) For shipments rejected by the designated facility and shipped
to an alternate facility. (A) If a healthcare facility does not receive
a copy of the manifest for a rejected shipment of the non-creditable
hazardous waste pharmaceuticals that is forwarded by the designated
facility to an alternate facility (using appropriate manifest
procedures), with the signature of the owner or operator of the
alternate facility, within 60 days of the date the non-creditable
hazardous waste was accepted by the initial transporter forwarding the
shipment of non-creditable hazardous waste pharmaceuticals from the
designated facility to the alternate facility, the healthcare facility
must submit:
(1) A legible copy of the original manifest, indicating that the
healthcare facility has not received confirmation of delivery, to the
EPA Regional Administrator for the Region in which the healthcare
facility is located; and
(2) A handwritten or typed note on the manifest itself, or on an
attached sheet of paper, stating that the return copy was not received
and explaining the efforts taken to locate the non-creditable hazardous
waste pharmaceuticals and the results of those efforts.
(B) [Reserved]
(3) Additional reports. The EPA Regional Administrator may require
healthcare facilities to furnish additional reports concerning the
quantities and disposition of non-creditable hazardous waste
pharmaceuticals.
(j) Recordkeeping by healthcare facilities for non-creditable
hazardous waste pharmaceuticals. (1) A healthcare facility must keep a
copy of each manifest signed in accordance with Sec. 262.23(a) for
three years or until it receives a signed copy from the designated
facility which received the non-creditable hazardous waste
pharmaceuticals. This signed copy must be retained as a record for at
least three years from the date the waste was accepted by the initial
transporter.
(2) A healthcare facility must keep a copy of each exception report
for a period of at least three years from the date of the report.
(3) A healthcare facility must keep records of any test results,
waste analyses, or other determinations made to support its hazardous
waste determination(s) consistent with Sec. 262.11(f), for at least
three years from the date the waste was last sent to on-site or off-site
treatment, storage or disposal. A healthcare facility that manages all
of its non-creditable non-hazardous waste pharmaceuticals as non-
creditable hazardous waste pharmaceuticals is not required to keep
documentation of hazardous waste determinations.
(4) The periods of retention referred to in this section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity, or as requested by the EPA
Regional Administrator.
(5) All records must be readily available upon request by an
inspector.
(k) Response to spills of non-creditable hazardous waste
pharmaceuticals at healthcare facilities. A healthcare facility must
immediately contain all spills of non-creditable hazardous waste
pharmaceuticals and manage the spill clean-up materials as non-
creditable hazardous waste pharmaceuticals in accordance with the
requirements of this subpart.
(l) Accepting non-creditable hazardous waste pharmaceuticals from an
off-site healthcare facility that is a very small quantity generator. A
healthcare facility may accept non-creditable hazardous waste
pharmaceuticals from an off-site healthcare facility that is a very
small quantity generator under Sec. 262.14, without a permit or without
having interim status, provided the receiving healthcare facility:
(1) Is under the control of the same person (as defined in Sec.
260.10) as the very small quantity generator healthcare facility that is
sending the non-creditable hazardous waste pharmaceuticals off-site
(``control,'' for the purposes of this section, means the power to
direct the policies of the healthcare facility, whether by the ownership
of stock, voting rights, or otherwise, except that contractors who
operate healthcare facilities on behalf
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of a different person as defined in Sec. 260.10 of this chapter shall
not be deemed to ``control'' such healthcare facilities) or has a
contractual or other documented business relationship whereby the
receiving healthcare facility supplies pharmaceuticals to the very small
quantity generator healthcare facility;
(2) Is operating under this subpart for the management of its non-
creditable hazardous waste pharmaceuticals;
(3) Manages the non-creditable hazardous waste pharmaceuticals that
it receives from off site in compliance with this subpart; and
(4) Keeps records of the non-creditable hazardous waste
pharmaceuticals shipments it receives from off site for three years from
the date that the shipment is received.
Sec. 266.503 Standards for healthcare facilities managing
potentially creditable hazardous waste pharmaceuticals.
(a) Hazardous waste determination for potentially creditable
pharmaceuticals. A healthcare facility that generates a solid waste that
is a potentially creditable pharmaceutical must determine whether the
potentially creditable pharmaceutical is a potentially creditable
hazardous waste pharmaceutical (i.e., it is listed in 40 CFR part 261
subpart D or exhibits a characteristic identified in 40 CFR part 261
subpart C). A healthcare facility may choose to manage its potentially
creditable non-hazardous waste pharmaceuticals as potentially creditable
hazardous waste pharmaceuticals under this subpart.
(b) Accepting potentially creditable hazardous waste pharmaceuticals
from an off-site healthcare facility that is a very small quantity
generator. A healthcare facility may accept potentially creditable
hazardous waste pharmaceuticals from an off-site healthcare facility
that is a very small quantity generator under Sec. 262.14, without a
permit or without having interim status, provided the receiving
healthcare facility:
(1) Is under the control of the same person, as defined in Sec.
260.10, as the very small quantity generator healthcare facility that is
sending the potentially creditable hazardous waste pharmaceuticals off
site, or has a contractual or other documented business relationship
whereby the receiving healthcare facility supplies pharmaceuticals to
the very small quantity generator healthcare facility;
(2) Is operating under this subpart for the management of its
potentially creditable hazardous waste pharmaceuticals;
(3) Manages the potentially creditable hazardous waste
pharmaceuticals that it receives from off site in compliance with this
subpart; and
(4) Keeps records of the potentially creditable hazardous waste
pharmaceuticals shipments it receives from off site for three years from
the date that the shipment is received.
(c) Prohibition. Healthcare facilities are prohibited from sending
hazardous wastes other than potentially creditable hazardous waste
pharmaceuticals to a reverse distributor.
(d) Biennial Reporting by healthcare facilities. Healthcare
facilities are not subject to biennial reporting requirements under
Sec. 262.41 with respect to potentially creditable hazardous waste
pharmaceuticals managed under this subpart.
(e) Recordkeeping by healthcare facilities. (1) A healthcare
facility that initiates a shipment of potentially creditable hazardous
waste pharmaceuticals to a reverse distributor must keep the following
records (paper or electronic) for each shipment of potentially
creditable hazardous waste pharmaceuticals for three years from the date
of shipment:
(i) The confirmation of delivery; and
(ii) The shipping papers prepared in accordance with 49 CFR part 172
subpart C, if applicable.
(2) The periods of retention referred to in this section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity, or as requested by the EPA
Regional Administrator.
(3) All records must be readily available upon request by an
inspector.
(f) Response to spills of potentially creditable hazardous waste
pharmaceuticals at healthcare facilities. A healthcare facility must
immediately contain all spills of potentially creditable hazardous waste
pharmaceuticals and
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manage the spill clean-up materials as non-creditable hazardous waste
pharmaceuticals in accordance with this subpart.
Sec. 266.504 Healthcare facilities that are very small quantity
generators for both hazardous waste pharmaceuticals and
non-pharmaceutical hazardous waste.
(a) Potentially creditable hazardous waste pharmaceuticals. A
healthcare facility that is a very small quantity generator for both
hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste
may send its potentially creditable hazardous waste pharmaceuticals to a
reverse distributor.
(b) Off-site collection of hazardous waste pharmaceuticals generated
by a healthcare facility that is a very small quantity generator. A
healthcare facility that is a very small quantity generator for both
hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste
may send its hazardous waste pharmaceuticals off-site to another
healthcare facility, provided:
(1) The receiving healthcare facility meets the conditions in Sec.
266.502(l) of this subpart and Sec. 266.503(b), as applicable; or
(2) The very small quantity generator healthcare facility meets the
conditions in Sec. 262.14(a)(5)(viii) and the receiving large quantity
generator meets the conditions in Sec. 262.17(f).
(c) Long-term care facilities that are very small quantity
generators. A long-term care facility that is a very small quantity
generator for both hazardous waste pharmaceuticals and non-
pharmaceutical hazardous waste may dispose of its hazardous waste
pharmaceuticals (excluding contaminated personal protective equipment or
clean-up materials) in an on-site collection receptacle of an authorized
collector (as defined by the Drug Enforcement Administration) that is
registered with the Drug Enforcement Administration provided the
contents are collected, stored, transported, destroyed and disposed of
in compliance with all applicable Drug Enforcement Administration
regulations for controlled substances.
(d) Long-term care facilities with 20 beds or fewer. A long-term
care facility with 20 beds or fewer is presumed to be a very small
quantity generator subject to Sec. 262.14 for both hazardous waste
pharmaceuticals and non-pharmaceutical hazardous waste and not subject
to this subpart, except for Sec. Sec. 266.505 and 266.507 and the other
optional provisions of this section. The EPA Regional Administrator has
the responsibility to demonstrate that a long-term care facility with 20
beds or fewer generates quantities of hazardous waste that are in excess
of the very small quantity generator limits as defined in Sec. 260.10.
A long-term care facility with more than 20 beds that operates as a very
small quantity generator under Sec. 262.14 must demonstrate that it
generates quantities of hazardous waste that are within the very small
quantity generator limits as defined by Sec. 260.10.
Sec. 266.505 Prohibition of sewering hazardous waste pharmaceuticals.
All healthcare facilities--including very small quantity generators
operating under Sec. 262.14 in lieu of this subpart--and reverse
distributors are prohibited from discharging hazardous waste
pharmaceuticals to a sewer system that passes through to a publicly-
owned treatment works. Healthcare facilities and reverse distributors
remain subject to the prohibitions in 40 CFR 403.5(b)(1).
Sec. 266.506 Conditional exemptions for hazardous waste
pharmaceuticals that are also controlled substances and household
waste pharmaceuticals collected in a take-back event or program.
(a) Conditional exemptions. Provided the conditions of paragraph (b)
of this section are met, the following are exempt from 40 CFR parts 262
through 273:
(1) Hazardous waste pharmaceuticals that are also listed on a
schedule of controlled substances by the Drug Enforcement Administration
in 21 CFR part 1308, and
(2) Household waste pharmaceuticals that are collected in a take-
back event or program, including those that are collected by an
authorized collector (as defined by the Drug Enforcement Administration)
registered with the Drug
[[Page 68]]
Enforcement Administration that commingles the household waste
pharmaceuticals with controlled substances from an ultimate user (as
defined by the Drug Enforcement Administration).
(b) Conditions for exemption. The hazardous waste pharmaceuticals
must be:
(1) Managed in compliance with the sewer prohibition of Sec.
266.505; and
(2) Collected, stored, transported, and disposed of in compliance
with all applicable Drug Enforcement Administration regulations for
controlled substances; and
(3) Destroyed by a method that Drug Enforcement Administration has
publicly deemed in writing to meet their non-retrievable standard of
destruction or combusted at one of the following:
(i) A permitted large municipal waste combustor, subject to 40 CFR
part 62 subpart FFF or applicable state plan for existing large
municipal waste combustors, or 40 CFR part 60 subparts Eb for new large
municipal waste combustors; or
(ii) A permitted small municipal waste combustor, subject to 40 CFR
part 62 subpart JJJ or applicable state plan for existing small
municipal waste combustors, or 40 CFR part 60 subparts AAAA for new
small municipal waste combustors; or
(iii) A permitted hospital, medical and infectious waste
incinerator, subject to 40 CFR part 62 subpart HHH or applicable state
plan for existing hospital, medical and infectious waste incinerators,
or 40 CFR part 60 subpart Ec for new hospital, medical and infectious
waste incinerators.
(iv) A permitted commercial and industrial solid waste incinerator,
subject to 40 CFR part 62 subpart III or applicable state plan for
existing commercial and industrial solid waste incinerators, or 40 CFR
part 60 subpart CCCC for new commercial and industrial solid waste
incinerators.
(v) A permitted hazardous waste combustor subject to 40 CFR part 63
subpart EEE.
Sec. 266.507 Residues of hazardous waste pharmaceuticals in
empty containers.
(a) Stock, dispensing and unit-dose containers. A stock bottle,
dispensing bottle, vial, or ampule (not to exceed 1 liter or 10,000
pills); or a unit-dose container (e.g., a unit-dose packet, cup,
wrapper, blister pack, or delivery device) is considered empty and the
residues are not regulated as hazardous waste provided the
pharmaceuticals have been removed from the stock bottle, dispensing
bottle, vial, ampule, or the unit-dose container using the practices
commonly employed to remove materials from that type of container.
(b) Syringes. A syringe is considered empty and the residues are not
regulated as hazardous waste under this subpart provided the contents
have been removed by fully depressing the plunger of the syringe. If a
syringe is not empty, the syringe must be placed with its remaining
hazardous waste pharmaceuticals into a container that is managed and
disposed of as a non-creditable hazardous waste pharmaceutical under
this subpart and any applicable federal, state, and local requirements
for sharps containers and medical waste.
(c) Intravenous (IV) bags. An IV bag is considered empty and the
residues are not regulated as hazardous waste provided the
pharmaceuticals in the IV bag have been fully administered to a patient.
If an IV bag is not empty, the IV bag must be placed with its remaining
hazardous waste pharmaceuticals into a container that is managed and
disposed of as a non-creditable hazardous waste pharmaceutical under
this subpart, unless the IV bag held non-acute hazardous waste
pharmaceuticals and is empty as defined in Sec. 261.7(b)(1).
(d) Other containers, including delivery devices. Hazardous waste
pharmaceuticals remaining in all other types of unused, partially
administered, or fully administered containers must be managed as non-
creditable hazardous waste pharmaceuticals under this subpart, unless
the container held non-acute hazardous waste pharmaceuticals and is
empty as defined in Sec. 261.7(b)(1) or (2). This includes, but is not
limited to, residues in inhalers, aerosol cans, nebulizers, tubes of
ointments, gels, or creams.
[[Page 69]]
Sec. 266.508 Shipping non-creditable hazardous waste pharmaceuticals
from a healthcare facility or evaluated hazardous waste
pharmaceuticals from a reverse distributor.
(a) Shipping non-creditable hazardous waste pharmaceuticals or
evaluated hazardous waste pharmaceuticals. A healthcare facility must
ship non-creditable hazardous waste pharmaceuticals and a reverse
distributor must ship evaluated hazardous waste pharmaceuticals off-site
to a designated facility (such as a permitted or interim status
treatment, storage, or disposal facility) in compliance with:
(1) The following pre-transport requirements, before transporting or
offering for transport off-site:
(i) Packaging. Package the waste in accordance with the applicable
Department of Transportation regulations on hazardous materials under 49
CFR parts 173, 178, and 180.
(ii) Labeling. Label each package in accordance with the applicable
Department of Transportation regulations on hazardous materials under 49
CFR part 172 subpart E.
(iii) Marking. (A) Mark each package of hazardous waste
pharmaceuticals in accordance with the applicable Department of
Transportation (DOT) regulations on hazardous materials under 49 CFR
part 172 subpart D;
(B) Mark each container of 119 gallons or less used in such
transportation with the following words and information in accordance
with the requirements of 49 CFR 172.304:
HAZARDOUS WASTE--Federal Law Prohibits Improper Disposal. If found,
contact the nearest police or public safety authority or the U.S.
Environmental Protection Agency.
Healthcare Facility's or Reverse distributor's Name and Address_________
Healthcare Facility's or Reverse distributor's EPA Identification Number
Manifest Tracking Number________________________________________________
(C) Lab packs that will be incinerated in compliance with Sec.
268.42(c) are not required to be marked with EPA Hazardous Waste
Number(s), except D004, D005, D006, D007, D008, D010, and D011, where
applicable. A nationally recognized electronic system, such as bar
coding or radio frequency identification, may be used to identify the
EPA Hazardous Waste Number(s).
(iv) Placarding. Placard or offer the initial transporter the
appropriate placards according to Department of Transportation
regulations for hazardous materials under 49 CFR part 172 subpart F.
(2) The manifest requirements of 40 CFR part 262 subpart B, except
that:
(i) A healthcare facility shipping non-creditable hazardous waste
pharmaceuticals is not required to list all applicable hazardous waste
numbers (i.e., hazardous waste codes) in Item 13 of EPA Form 8700-22.
(ii) A healthcare facility shipping non-creditable hazardous waste
pharmaceuticals must write the word ``PHARMS'' in Item 13 of EPA Form
8700-22.
(b) Exporting non-creditable hazardous waste pharmaceuticals or
evaluated hazardous waste pharmaceuticals. A healthcare facility or
reverse distributor that exports non-creditable hazardous waste
pharmaceuticals or evaluated hazardous waste pharmaceuticals is subject
to 40 CFR part 262 subpart H.
(c) Importing non-creditable hazardous waste pharmaceuticals or
evaluated hazardous waste pharmaceuticals. Any person that imports non-
creditable hazardous waste pharmaceuticals or evaluated hazardous waste
pharmaceuticals is subject to 40 CFR part 262 subpart H. A healthcare
facility or reverse distributor may not accept imported non-creditable
hazardous waste pharmaceuticals or evaluated hazardous waste
pharmaceuticals unless they have a permit or interim status that allows
them to accept hazardous waste from off site.
Sec. 266.509 Shipping potentially creditable hazardous waste
pharmaceuticals from a healthcare facility or a reverse distributor
to a reverse distributor.
(a) Shipping potentially creditable hazardous waste pharmaceuticals.
A healthcare facility or a reverse distributor who transports or offers
for transport potentially creditable hazardous waste pharmaceuticals
off-site to a reverse distributor must comply with all applicable U.S.
Department of Transportation regulations in 49 CFR
[[Page 70]]
part 171 through 180 for any potentially creditable hazardous waste
pharmaceutical that meets the definition of hazardous material in 49 CFR
171.8. For purposes of the Department of Transportation regulations, a
material is considered a hazardous waste if it is subject to the
Hazardous Waste Manifest Requirements of the U.S. Environmental
Protection Agency specified in 40 CFR part 262. Because a potentially
creditable hazardous waste pharmaceutical does not require a manifest,
it is not considered hazardous waste under the Department of
Transportation regulations.
(b) Delivery confirmation. Upon receipt of each shipment of
potentially creditable hazardous waste pharmaceuticals, the receiving
reverse distributor must provide confirmation (paper or electronic) to
the healthcare facility or reverse distributor that initiated the
shipment that the shipment of potentially creditable hazardous waste
pharmaceuticals has arrived at its destination and is under the custody
and control of the reverse distributor.
(c) Procedures for when delivery confirmation is not received within
35 calendar days. If a healthcare facility or reverse distributor
initiates a shipment of potentially creditable hazardous waste
pharmaceuticals to a reverse distributor and does not receive delivery
confirmation within 35 calendar days from the date that the shipment of
potentially creditable hazardous waste pharmaceuticals was sent, the
healthcare facility or reverse distributor that initiated the shipment
must contact the carrier and the intended recipient (i.e., the reverse
distributor) promptly to report that the delivery confirmation was not
received and to determine the status of the potentially creditable
hazardous waste pharmaceuticals.
(d) Exporting potentially creditable hazardous waste
pharmaceuticals. A healthcare facility or reverse distributor that sends
potentially creditable hazardous waste pharmaceuticals to a foreign
destination must comply with the applicable sections of 40 CFR part 262
subpart H, except the manifesting requirement of Sec. 262.83(c), in
addition to paragraphs (a) through (c) of this section.
(e) Importing potentially creditable hazardous waste
pharmaceuticals. Any person that imports potentially creditable
hazardous waste pharmaceuticals into the United States is subject to
paragraphs (a) through (c) of this section in lieu of 40 CFR part 262
subpart H. Immediately after the potentially creditable hazardous waste
pharmaceuticals enter the United States, they are subject to all
applicable requirements of this subpart.
Sec. 266.510 Standards for the management of potentially creditable
hazardous waste pharmaceuticals and evaluated hazardous waste
pharmaceuticals at reverse distributors.
A reverse distributor may accept potentially creditable hazardous
waste pharmaceuticals from off site and accumulate potentially
creditable hazardous waste pharmaceuticals or evaluated hazardous waste
pharmaceuticals on site without a hazardous waste permit or without
having interim status, provided that it complies with the following
conditions:
(a) Standards for reverse distributors managing potentially
creditable hazardous waste pharmaceuticals and evaluated hazardous waste
pharmaceuticals--(1) Notification. A reverse distributor must notify the
EPA Regional Administrator, using the Site Identification Form (EPA Form
8700-12), that it is a reverse distributor operating under this subpart.
(i) A reverse distributor that already has an EPA identification
number must notify the EPA Regional Administrator, using the Site
Identification Form (EPA Form 8700-12), that it is a reverse
distributor, as defined in Sec. 266.500, within 60 days of the
effective date of this subpart, or within 60 days of becoming subject to
this subpart.
(ii) A reverse distributor that does not have an EPA identification
number must obtain one by notifying the EPA Regional Administrator,
using the Site Identification Form (EPA Form 8700-12), that it is a
reverse distributor, as defined in Sec. 266.500, within 60 days of the
effective date of this subpart, or within 60 days of becoming subject to
this subpart.
[[Page 71]]
(2) Inventory by the reverse distributor. A reverse distributor must
maintain a current inventory of all the potentially creditable hazardous
waste pharmaceuticals and evaluated hazardous waste pharmaceuticals that
are accumulated on site.
(i) A reverse distributor must inventory each potentially creditable
hazardous waste pharmaceutical within 30 calendar days of each waste
arriving at the reverse distributor.
(ii) The inventory must include the identity (e.g., name or national
drug code) and quantity of each potentially creditable hazardous waste
pharmaceutical and evaluated hazardous waste pharmaceutical.
(iii) If the reverse distributor already meets the inventory
requirements of this paragraph because of other regulatory requirements,
such as State Board of Pharmacy regulations, the facility is not
required to provide a separate inventory pursuant to this section.
(3) Evaluation by a reverse distributor that is not a manufacturer.
A reverse distributor that is not a pharmaceutical manufacturer must
evaluate a potentially creditable hazardous waste pharmaceutical within
30 calendar days of the waste arriving at the reverse distributor to
establish whether it is destined for another reverse distributor for
further evaluation or verification of manufacturer credit or for a
permitted or interim status treatment, storage, or disposal facility.
(i) A potentially creditable hazardous waste pharmaceutical that is
destined for another reverse distributor is still considered a
``potentially creditable hazardous waste pharmaceutical'' and must be
managed in accordance with paragraph (b) of this section.
(ii) A potentially creditable hazardous waste pharmaceutical that is
destined for a permitted or interim status treatment, storage or
disposal facility is considered an ``evaluated hazardous waste
pharmaceutical'' and must be managed in accordance with paragraph (c) of
this section.
(4) Evaluation by a reverse distributor that is a manufacturer. A
reverse distributor that is a pharmaceutical manufacturer must evaluate
a potentially creditable hazardous waste pharmaceutical to verify
manufacturer credit within 30 calendar days of the waste arriving at the
facility and following the evaluation must manage the evaluated
hazardous waste pharmaceuticals in accordance with paragraph (c) of this
section.
(5) Maximum accumulation time for hazardous waste pharmaceuticals at
a reverse distributor. (i) A reverse distributor may accumulate
potentially creditable hazardous waste pharmaceuticals and evaluated
hazardous waste pharmaceuticals on site for 180 calendar days or less.
The 180 days start after the potentially creditable hazardous waste
pharmaceutical has been evaluated and applies to all hazardous waste
pharmaceuticals accumulated on site, regardless of whether they are
destined for another reverse distributor (i.e., potentially creditable
hazardous waste pharmaceuticals) or a permitted or interim status
treatment, storage, or disposal facility (i.e., evaluated hazardous
waste pharmaceuticals).
(ii) Aging pharmaceuticals. Unexpired pharmaceuticals that are
otherwise creditable but are awaiting their expiration date (i.e., aging
in a holding morgue) can be accumulated for up to 180 days after the
expiration date, provided that the unexpired pharmaceuticals are managed
in accordance with paragraph (a) of this section and the container
labeling and management standards in 266.510(c)(4)(i) through (vi).
(6) Security at the reverse distributor facility. A reverse
distributor must prevent unknowing entry and minimize the possibility
for the unauthorized entry into the portion of the facility where
potentially creditable hazardous waste pharmaceuticals and evaluated
hazardous waste pharmaceuticals are kept.
(i) Examples of methods that may be used to prevent unknowing entry
and minimize the possibility for unauthorized entry include, but are not
limited to:
(A) A 24-hour continuous monitoring surveillance system;
(B) An artificial barrier such as a fence; or
(C) A means to control entry, such as keycard access.
[[Page 72]]
(ii) If the reverse distributor already meets the security
requirements of this paragraph because of other regulatory requirements,
such as Drug Enforcement Administration or State Board of Pharmacy
regulations, the facility is not required to provide separate security
measures pursuant to this section.
(7) Contingency plan and emergency procedures at a reverse
distributor. A reverse distributor that accepts potentially creditable
hazardous waste pharmaceuticals from off site must prepare a contingency
plan and comply with the other requirements of 40 CFR part 262 subpart
M.
(8) Closure of a reverse distributor. When closing an area where a
reverse distributor accumulates potentially creditable hazardous waste
pharmaceuticals or evaluated hazardous waste pharmaceuticals, the
reverse distributor must comply with Sec. 262.17(a)(8)(ii) and (iii).
(9) Reporting by a reverse distributor--(i) Unauthorized waste
report. A reverse distributor must submit an unauthorized waste report
if the reverse distributor receives waste from off site that it is not
authorized to receive (e.g., non-pharmaceutical hazardous waste,
regulated medical waste). The reverse distributor must prepare and
submit an unauthorized waste report to the EPA Regional Administrator
within 45 calendar days after the unauthorized waste arrives at the
reverse distributor and must send a copy of the unauthorized waste
report to the healthcare facility (or other entity) that sent the
unauthorized waste. The reverse distributor must manage the unauthorized
waste in accordance with all applicable regulations. The unauthorized
waste report must be signed by the owner or operator of the reverse
distributor, or its authorized representative, and contain the following
information:
(A) The EPA identification number, name and address of the reverse
distributor;
(B) The date the reverse distributor received the unauthorized
waste;
(C) The EPA identification number, name, and address of the
healthcare facility that shipped the unauthorized waste, if available;
(D) A description and the quantity of each unauthorized waste the
reverse distributor received;
(E) The method of treatment, storage, or disposal for each
unauthorized waste; and
(F) A brief explanation of why the waste was unauthorized, if known.
(ii) Additional reports. The EPA Regional Administrator may require
reverse distributors to furnish additional reports concerning the
quantities and disposition of potentially creditable hazardous waste
pharmaceuticals and evaluated hazardous waste pharmaceuticals.
(10) Recordkeeping by reverse distributors. A reverse distributor
must keep the following records (paper or electronic) readily available
upon request by an inspector. The periods of retention referred to in
this section are extended automatically during the course of any
unresolved enforcement action regarding the regulated activity, or as
requested by the EPA Regional Administrator.
(i) A copy of its notification on file for as long as the facility
is subject to this subpart;
(ii) A copy of the delivery confirmation and the shipping papers for
each shipment of potentially creditable hazardous waste pharmaceuticals
that it receives, and a copy of each unauthorized waste report, for at
least three years from the date the shipment arrives at the reverse
distributor;
(iii) A copy of its current inventory for as long as the facility is
subject to this subpart.
(b) Additional standards for reverse distributors managing
potentially creditable hazardous waste pharmaceuticals destined for
another reverse distributor. A reverse distributor that does not have a
permit or interim status must comply with the following conditions, in
addition to the requirements in paragraph (a) of this section, for the
management of potentially creditable hazardous waste pharmaceuticals
that are destined for another reverse distributor for further evaluation
or verification of manufacturer credit:
(1) A reverse distributor that receives potentially creditable
hazardous waste
[[Page 73]]
pharmaceuticals from a healthcare facility must send those potentially
creditable hazardous waste pharmaceuticals to another reverse
distributor within 180 days after the potentially creditable hazardous
waste pharmaceuticals have been evaluated or follow paragraph (c) of
this section for evaluated hazardous waste pharmaceuticals.
(2) A reverse distributor that receives potentially creditable
hazardous waste pharmaceuticals from another reverse distributor must
send those potentially creditable hazardous waste pharmaceuticals to a
reverse distributor that is a pharmaceutical manufacturer within 180
days after the potentially creditable hazardous waste pharmaceuticals
have been evaluated or follow paragraph (c) of this section for
evaluated hazardous waste pharmaceuticals.
(3) A reverse distributor must ship potentially creditable hazardous
waste pharmaceuticals destined for another reverse distributor in
accordance with Sec. 266.509.
(4) Recordkeeping by reverse distributors. A reverse distributor
must keep the following records (paper or electronic) readily available
upon request by an inspector for each shipment of potentially creditable
hazardous waste pharmaceuticals that it initiates to another reverse
distributor, for at least three years from the date of shipment. The
periods of retention referred to in this section are extended
automatically during the course of any unresolved enforcement action
regarding the regulated activity, or as requested by the EPA Regional
Administrator.
(i) The confirmation of delivery; and
(ii) The DOT shipping papers prepared in accordance with 49 CFR part
172 subpart C, if applicable
(c) Additional standards for reverse distributors managing evaluated
hazardous waste pharmaceuticals. A reverse distributor that does not
have a permit or interim status must comply with the following
conditions, in addition to the requirements of paragraph (a) of this
section, for the management of evaluated hazardous waste
pharmaceuticals:
(1) Accumulation area at the reverse distributor. A reverse
distributor must designate an on-site accumulation area where it will
accumulate evaluated hazardous waste pharmaceuticals.
(2) Inspections of on-site accumulation area. A reverse distributor
must inspect its on-site accumulation area at least once every seven
days, looking at containers for leaks and for deterioration caused by
corrosion or other factors, as well as for signs of diversion.
(3) Personnel training at a reverse distributor. Personnel at a
reverse distributor that handle evaluated hazardous waste
pharmaceuticals are subject to the training requirements of Sec.
262.17(a)(7).
(4) Labeling and management of containers at on-site accumulation
areas. A reverse distributor accumulating evaluated hazardous waste
pharmaceuticals in containers in an on-site accumulation area must:
(i) Label the containers with the words, ``hazardous waste
pharmaceuticals'';
(ii) Ensure the containers are in good condition and managed to
prevent leaks;
(iii) Use containers that are made of or lined with materials which
will not react with, and are otherwise compatible with, the evaluated
hazardous waste pharmaceuticals, so that the ability of the container to
contain the waste is not impaired;
(iv) Keep containers closed, if holding liquid or gel evaluated
hazardous waste pharmaceuticals. If the liquid or gel evaluated
hazardous waste pharmaceuticals are in their original, intact, sealed
packaging; or repackaged, intact, sealed packaging, they are considered
to meet the closed container standard;
(v) Manage any container of ignitable or reactive evaluated
hazardous waste pharmaceuticals, or any container of commingled
incompatible evaluated hazardous waste pharmaceuticals so that the
container does not have the potential to:
(A) Generate extreme heat or pressure, fire or explosion, or violent
reaction;
(B) Produce uncontrolled toxic mists, fumes, dusts, or gases in
sufficient quantities to threaten human health;
(C) Produce uncontrolled flammable fumes or gases in sufficient
quantities to pose a risk of fire or explosions;
[[Page 74]]
(D) Damage the structural integrity of the container of hazardous
waste pharmaceuticals; or
(E) Through other like means threaten human health or the
environment; and
(vi) Accumulate evaluated hazardous waste pharmaceuticals that are
prohibited from being combusted because of the dilution prohibition of
Sec. 268.3(c) (e.g., arsenic trioxide (P012)) in separate containers
from other evaluated hazardous waste pharmaceuticals at the reverse
distributor.
(5) Hazardous waste numbers. Prior to shipping evaluated hazardous
waste pharmaceuticals off site, all containers must be marked with the
applicable hazardous waste numbers (i.e., hazardous waste codes). A
nationally recognized electronic system, such as bar coding or radio
frequency identification, may be used to identify the EPA Hazardous
Waste Number(s).
(6) Shipments. A reverse distributor must ship evaluated hazardous
waste pharmaceuticals that are destined for a permitted or interim
status treatment, storage or disposal facility in accordance with the
applicable shipping standards in Sec. 266.508(a) or (b).
(7) Procedures for a reverse distributor for managing rejected
shipments. A reverse distributor that sends a shipment of evaluated
hazardous waste pharmaceuticals to a designated facility with the
understanding that the designated facility can accept and manage the
waste, and later receives that shipment back as a rejected load in
accordance with the manifest discrepancy provisions of Sec. 264.72 or
Sec. 265.72 of this chapter, may accumulate the returned evaluated
hazardous waste pharmaceuticals on site for up to an additional 90 days
in the on-site accumulation area provided the rejected or returned
shipment is managed in accordance with Sec. 266.510(a) and (c). Upon
receipt of the returned shipment, the reverse distributor must:
(i) Sign either:
(A) Item 18c of the original manifest, if the original manifest was
used for the returned shipment; or
(B) Item 20 of the new manifest, if a new manifest was used for the
returned shipment;
(ii) Provide the transporter a copy of the manifest;
(iii) Within 30 days of receipt of the rejected shipment of the
evaluated hazardous waste pharmaceuticals, send a copy of the manifest
to the designated facility that returned the shipment to the reverse
distributor; and
(iv) Within 90 days of receipt of the rejected shipment, transport
or offer for transport the returned shipment of evaluated hazardous
waste pharmaceuticals in accordance with the applicable shipping
standards of Sec. 266.508(a) or (b).
(8) Land disposal restrictions. Evaluated hazardous waste
pharmaceuticals are subject to the land disposal restrictions of 40 CFR
part 268. A reverse distributor that accepts potentially creditable
hazardous waste pharmaceuticals from off site must comply with the land
disposal restrictions in accordance with Sec. 268.7(a) requirements.
(9) Reporting by a reverse distributor for evaluated hazardous waste
pharmaceuticals--(i) Biennial reporting by a reverse distributor. A
reverse distributor that ships evaluated hazardous waste pharmaceuticals
off-site must prepare and submit a single copy of a biennial report to
the EPA Regional Administrator by March 1 of each even numbered year in
accordance with Sec. 262.41.
(ii) Exception reporting by a reverse distributor for a missing copy
of the manifest.
(A) For shipments from a reverse distributor to a designated
facility. (1) If a reverse distributor does not receive a copy of the
manifest with the signature of the owner or operator of the designated
facility within 35 days of the date the evaluated hazardous waste
pharmaceuticals were accepted by the initial transporter, the reverse
distributor must contact the transporter or the owner or operator of the
designated facility to determine the status of the evaluated hazardous
waste pharmaceuticals.
(2) A reverse distributor must submit an exception report to the EPA
Regional Administrator for the Region in which the reverse distributor
is located if it has not received a copy of the manifest with the
signature of the owner or operator of the designated facility within 45
days of the date the
[[Page 75]]
evaluated hazardous waste pharmaceutical was accepted by the initial
transporter. The exception report must include:
(i) A legible copy of the manifest for which the reverse distributor
does not have confirmation of delivery; and
(ii) A cover letter signed by the reverse distributor, or its
authorized representative, explaining the efforts taken to locate the
evaluated hazardous waste pharmaceuticals and the results of those
efforts.
(B) For shipments rejected by the designated facility and shipped to
an alternate facility. (1) A reverse distributor that does not receive a
copy of the manifest with the signature of the owner or operator of the
alternate facility within 35 days of the date the evaluated hazardous
waste pharmaceuticals were accepted by the initial transporter must
contact the transporter or the owner or operator of the alternate
facility to determine the status of the hazardous waste. The 35-day time
frame begins the date the evaluated hazardous waste pharmaceuticals are
accepted by the transporter forwarding the hazardous waste shipment from
the designated facility to the alternate facility.
(2) A reverse distributor must submit an Exception Report to the EPA
Regional Administrator for the Region in which the reverse distributor
is located if it has not received a copy of the manifest with the
signature of the owner or operator of the alternate facility within 45
days of the date the evaluated hazardous waste pharmaceuticals were
accepted by the initial transporter. The 45-day timeframe begins the
date the evaluated hazardous waste pharmaceuticals are accepted by the
transporter forwarding the hazardous waste pharmaceutical shipment from
the designated facility to the alternate facility. The Exception Report
must include:
(i) A legible copy of the manifest for which the generator does not
have confirmation of delivery; and
(ii) A cover letter signed by the reverse distributor, or its
authorized representative, explaining the efforts taken to locate the
evaluated hazardous waste pharmaceuticals and the results of those
efforts.
(10) Recordkeeping by a reverse distributor for evaluated hazardous
waste pharmaceuticals. (i) A reverse distributor must keep a log
(written or electronic) of the inspections of the on-site accumulation
area, required by paragraph (c)(2) of this section. This log must be
retained as a record for at least three years from the date of the
inspection.
(ii) A reverse distributor must keep a copy of each manifest signed
in accordance with Sec. 262.23(a) for three years or until it receives
a signed copy from the designated facility that received the evaluated
hazardous waste pharmaceutical. This signed copy must be retained as a
record for at least three years from the date the evaluated hazardous
waste pharmaceutical was accepted by the initial transporter.
(iii) A reverse distributor must keep a copy of each biennial report
for at least three years from the due date of the report.
(iv) A reverse distributor must keep a copy of each exception report
for at least three years from the submission of the report.
(v) A reverse distributor must keep records to document personnel
training, in accordance with Sec. 262.17(a)(7)(iv).
(vi) All records must be readily available upon request by an
inspector. The periods of retention referred to in this section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity, or as requested by the EPA
Regional Administrator.
(d) When a reverse distributor must have a permit. A reverse
distributor is an operator of a hazardous waste treatment, storage, or
disposal facility and is subject to the requirements of 40 CFR parts
264, 265, and 267 and the permit requirements of 40 CFR part 270, if the
reverse distributor:
(1) Does not meet the conditions of this section;
(2) Accepts manifested hazardous waste from off site; or
(3) Treats or disposes of hazardous waste pharmaceuticals on site.
[[Page 76]]
Sec. Appendix I to Part 266--Tier I and Tier II Feed Rate and Emissions
Screening Limits for Metals
Table I-A--Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities
in Noncomplex Terrain
[Values for urban areas]
----------------------------------------------------------------------------------------------------------------
Antimony Barium (g/ Lead (g/ Mercury (g/ Silver (g/ Thallium
Terrain adjusted eff. stack ht. (m) (g/hr) hr) hr) hr) hr) (g/hr)
----------------------------------------------------------------------------------------------------------------
4....................................... 6.0E + 01 1.0E + 04 1.8E + 01 6.0E + 01 6.0E + 02 6.0E + 01
6....................................... 6.8E + 01 1.1E + 04 2.0E + 01 6.8E + 01 6.8E + 02 6.8E + 01
8....................................... 7.6E + 01 1.3E + 04 2.3E + 01 7.6E + 01 7.6E + 02 7.6E + 01
10...................................... 8.6E + 01 1.4E + 04 2.6E + 01 8.6E + 01 8.6E + 02 8.6E + 01
12...................................... 9.6E + 01 1.7E + 04 3.0E + 01 9.6E + 01 9.6E + 02 9.6E + 01
14...................................... 1.1E + 02 1.8E + 04 3.4E + 01 1.1E + 02 1.1E + 03 1.1E + 02
16...................................... 1.3E + 02 2.1E + 04 3.6E + 01 1.3E + 02 1.3E + 03 1.3E + 02
18...................................... 1.4E + 02 2.4E + 04 4.3E + 01 1.4E + 02 1.4E + 03 1.4E + 02
20...................................... 1.6E + 02 2.7E + 04 4.6E + 01 1.6E + 02 1.6E + 03 1.6E + 02
22...................................... 1.8E + 02 3.0E + 04 5.4E + 01 1.8E + 02 1.8E + 03 1.8E + 02
24...................................... 2.0E + 02 3.4E + 04 6.0E + 01 2.0E + 02 2.0E + 03 2.0E + 02
26...................................... 2.3E + 02 3.9E + 04 6.8E + 01 2.3E + 02 2.3E + 03 2.3E + 02
28...................................... 2.6E + 02 4.3E + 04 7.8E + 01 2.6E + 02 2.6E + 03 2.6E + 02
30...................................... 3.0E + 02 5.0E + 04 9.0E + 01 3.0E + 02 3.0E + 03 3.0E + 02
35...................................... 4.0E + 02 6.6E + 04 1.1E + 02 4.0E + 02 4.0E + 03 4.0E + 02
40...................................... 4.6E + 02 7.8E + 04 1.4E + 02 4.6E + 02 4.6E + 03 4.6E + 02
45...................................... 6.0E + 02 1.0E + 05 1.8E + 02 6.0E + 02 6.0E + 03 6.0E + 02
50...................................... 7.8E + 02 1.3E + 05 2.3E + 02 7.8E + 02 7.8E + 03 7.8E + 02
55...................................... 9.6E + 02 1.7E + 05 3.0E + 02 9.6E + 02 9.6E + 03 9.6E + 02
60...................................... 1.2E + 03 2.0E + 05 3.6E + 02 1.2E + 03 1.2E + 04 1.2E + 03
65...................................... 1.5E + 03 2.5E + 05 4.3E + 02 1.5E + 03 1.5E + 04 1.5E + 03
70...................................... 1.7E + 03 2.8E + 05 5.0E + 02 1.7E + 03 1.7E + 04 1.7E + 03
75...................................... 1.9E + 03 3.2E + 05 5.8E + 02 1.9E + 03 1.9E + 04 1.9E + 03
80...................................... 2.2E + 03 3.6E + 05 6.4E + 02 2.2E + 03 2.2E + 04 2.2E + 03
85...................................... 2.5E + 03 4.0E + 05 7.6E + 02 2.5E + 03 2.5E + 04 2.5E + 03
90...................................... 2.8E + 03 4.6E + 05 8.2E + 02 2.8E + 03 2.8E + 04 2.8E + 03
95...................................... 3.2E + 03 5.4E + 05 9.6E + 02 3.2E + 03 3.2E + 04 3.2E + 03
100..................................... 3.6E + 03 6.0E + 05 1.1E + 03 3.6E + 03 3.6E + 04 3.6E + 03
105..................................... 4.0E + 03 6.8E + 05 1.2E + 03 4.0E + 03 4.0E + 04 4.0E + 03
110..................................... 4.6E + 03 7.8E + 05 1.4E + 03 4.6E + 03 4.6E + 04 4.6E + 03
115..................................... 5.4E + 03 8.6E + 05 1.6E + 03 5.4E + 03 5.4E + 04 5.4E + 03
120..................................... 6.0E + 03 1.0E + 06 1.8E + 03 6.0E + 03 6.0E + 04 6.0E + 03
----------------------------------------------------------------------------------------------------------------
Table I-B--Tier i and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities
in Noncomplex Terrain
[Values for rural areas]
----------------------------------------------------------------------------------------------------------------
Antimony Barium (g/ Lead (g/ Mercury (g/ Silver (g/ Thallium
Terrain adjusted eff. stack ht. (m) (g/hr) hr) hr) hr) hr) (g/hr)
----------------------------------------------------------------------------------------------------------------
4....................................... 3.1E + 01 5.2E + 03 9.4E + 00 3.1E + 01 3.1E + 02 3.1E + 01
6....................................... 3.6E + 01 6.0E + 03 1.1E + 01 3.6E + 01 3.6E + 02 3.6E + 01
8....................................... 4.0E + 01 6.8E + 03 1.2E + 01 4.0E + 01 4.0E + 02 4.0E + 01
10...................................... 4.6E + 01 7.8E + 03 1.4E + 01 4.6E + 01 4.6E + 02 4.6E + 01
12...................................... 5.8E + 01 9.6E + 03 1.7E + 01 5.8E + 01 5.8E + 02 5.8E + 01
14...................................... 6.8E + 01 1.1E + 04 2.1E + 01 6.8E + 01 6.8E + 02 6.8E + 01
16...................................... 8.6E + 01 1.4E + 04 2.6E + 01 8.6E + 01 8.6E + 02 8.6E + 01
18...................................... 1.1E + 02 1.8E + 04 3.2E + 01 1.1E + 02 1.1E + 03 1.1E + 02
20...................................... 1.3E + 02 2.2E + 04 4.0E + 01 1.3E + 02 1.3E + 03 1.3E + 02
22...................................... 1.7E + 02 2.8E + 04 5.0E + 01 1.7E + 02 1.7E + 03 1.7E + 02
24...................................... 2.2E + 02 3.6E + 04 6.4E + 01 2.2E + 02 2.2E + 03 2.2E + 02
26...................................... 2.8E + 02 4.6E + 04 8.2E + 01 2.8E + 02 2.8E + 03 2.8E + 02
28...................................... 3.5E + 02 5.8E + 04 1.0E + 02 3.5E + 02 3.5E + 03 3.5E + 02
30...................................... 4.3E + 02 7.6E + 04 1.3E + 02 4.3E + 02 4.3E + 03 4.3E + 02
35...................................... 7.2E + 02 1.2E + 05 2.1E + 02 7.2E + 02 7.2E + 03 7.2E + 02
40...................................... 1.1E + 03 1.8E + 05 3.2E + 02 1.1E + 03 1.1E + 04 1.1E + 03
45...................................... 1.5E + 03 2.5E + 05 4.6E + 02 1.5E + 03 1.5E + 04 1.5E + 03
50...................................... 2.0E + 03 3.3E + 05 6.0E + 02 2.0E + 03 2.0E + 04 2.0E + 03
55...................................... 2.6E + 03 4.4E + 05 7.8E + 02 2.6E + 03 2.6E + 04 2.6E + 03
60...................................... 3.4E + 03 5.8E + 05 1.0E + 03 3.4E + 03 3.4E + 04 3.4E + 03
65...................................... 4.6E + 03 7.6E + 05 1.4E + 03 4.6E + 03 4.6E + 04 4.6E + 03
70...................................... 5.4E + 03 9.0E + 05 1.6E + 03 5.4E + 03 5.4E + 04 5.4E + 03
75...................................... 6.4E + 03 1.1E + 06 1.9E + 03 6.4E + 03 6.4E + 04 6.4E + 03
80...................................... 7.6E + 03 1.3E + 06 2.3E + 03 7.6E + 03 7.6E + 04 7.6E + 03
[[Page 77]]
85...................................... 9.4E + 03 1.5E + 06 2.8E + 03 9.4E + 03 9.4E + 04 9.4E + 03
90...................................... 1.1E + 04 1.8E + 06 3.3E + 03 1.1E + 04 1.1E + 05 1.1E + 04
95...................................... 1.3E + 04 2.2E + 06 3.9E + 03 1.3E + 04 1.3E + 05 1.3E + 04
100..................................... 1.5E + 04 2.6E + 06 4.6E + 03 1.5E + 04 1.5E + 05 1.5E + 04
105..................................... 1.8E + 04 3.0E + 06 5.4E + 03 1.8E + 04 1.8E + 05 1.8E + 04
110..................................... 2.2E + 04 3.6E + 06 6.6E + 03 2.2E + 04 2.2E + 05 2.2E + 04
115..................................... 2.6E + 04 4.4E + 06 7.8E + 03 2.6E + 04 2.6E + 05 2.6E + 04
120..................................... 3.1E + 04 5.0E + 06 9.2E + 03 3.1E + 04 3.1E + 05 3.1E + 04
----------------------------------------------------------------------------------------------------------------
Table I-C--Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities
in Complex Terrain
----------------------------------------------------------------------------------------------------------------
Values for urban and rural areas
-----------------------------------------------------------------------------------------------------------------
Antimony Barium (g/ Lead (g/ Mercury (g/ Silver (g/ Thallium
Terrain adjusted eff. stack ht. (m) (g/hr) hr) hr) hr) hr) (g/hr)
----------------------------------------------------------------------------------------------------------------
4....................................... 1.4E + 01 2.4E + 03 4.3E + 00 1.4E + 01 1.4E + 02 1.4E + 01
6....................................... 2.1E + 01 3.5E + 03 6.2E + 00 2.1E + 01 2.1E + 02 2.1E + 01
8....................................... 3.0E + 01 5.0E + 03 9.2E + 00 3.0E + 01 3.0E + 02 3.0E + 01
10...................................... 4.3E + 01 7.6E + 03 1.3E + 01 4.3E + 01 4.3E + 02 4.3E + 01
12...................................... 5.4E + 01 9.0E + 03 1.7E + 01 5.4E + 01 5.4E + 02 5.4E + 01
14...................................... 6.8E + 01 1.1E + 04 2.0E + 01 6.8E + 01 6.8E + 02 6.8E + 01
16...................................... 7.8E + 01 1.3E + 04 2.4E + 01 7.8E + 01 7.8E + 02 7.8E + 01
18...................................... 8.6E + 01 1.4E + 04 2.6E + 01 8.6E + 01 8.6E + 02 8.6E + 01
20...................................... 9.6E + 01 1.6E + 04 2.9E + 01 9.6E + 01 9.6E + 02 9.6E + 01
22...................................... 1.0E + 02 1.8E + 04 3.2E + 01 1.0E + 02 1.0E + 03 1.0E + 02
24...................................... 1.2E + 02 1.9E + 04 3.5E + 01 1.2E + 02 1.2E + 03 1.2E + 02
26...................................... 1.3E + 02 2.2E + 04 3.6E + 01 1.3E + 02 1.3E + 03 1.3E + 02
28...................................... 1.4E + 02 2.4E + 04 4.3E + 01 1.4E + 02 1.4E + 03 1.4E + 02
30...................................... 1.6E + 02 2.7E + 04 4.6E + 01 1.6E + 02 1.6E + 03 1.6E + 02
35...................................... 2.0E + 02 3.3E + 04 5.8E + 01 2.0E + 02 2.0E + 03 2.0E + 02
40...................................... 2.4E + 02 4.0E + 04 7.2E + 01 2.4E + 02 2.4E + 03 2.4E + 02
45...................................... 3.0E + 02 5.0E + 04 9.0E + 01 3.0E + 02 3.0E + 03 3.0E + 02
50...................................... 3.6E + 02 6.0E + 04 1.1E + 02 3.6E + 02 3.6E + 03 3.6E + 02
55...................................... 4.6E + 02 7.6E + 04 1.4E + 02 4.6E + 02 4.6E + 03 4.6E + 02
60...................................... 5.8E + 02 9.4E + 04 1.7E + 02 5.8E + 02 5.8E + 03 5.8E + 02
65...................................... 6.8E + 02 1.1E + 05 2.1E + 02 6.8E + 02 6.8E + 03 6.8E + 02
70...................................... 7.8E + 02 1.3E + 05 2.4E + 02 7.8E + 02 7.8E + 03 7.8E + 02
75...................................... 8.6E + 02 1.4E + 05 2.6E + 02 8.6E + 02 8.6E + 03 8.6E + 02
80...................................... 9.6E + 02 1.6E + 05 2.9E + 02 9.6E + 02 9.6E + 03 9.6E + 02
85...................................... 1.1E + 03 1.8E + 05 3.3E + 02 1.1E + 03 1.1E + 04 1.1E + 03
90...................................... 1.2E + 03 2.0E + 05 3.6E + 02 1.2E + 03 1.2E + 04 1.2E + 03
95...................................... 1.4E + 03 2.3E + 05 4.0E + 02 1.4E + 03 1.4E + 04 1.4E + 03
100..................................... 1.5E + 03 2.6E + 05 4.6E + 02 1.5E + 03 1.5E + 04 1.5E + 03
105..................................... 1.7E + 03 2.8E + 05 5.0E + 02 1.7E + 03 1.7E + 04 1.7E + 03
110..................................... 1.9E + 03 3.2E + 05 5.8E + 02 1.9E + 03 1.9E + 04 1.9E + 03
115..................................... 2.1E + 03 3.6E + 05 6.4E + 02 2.1E + 03 2.1E + 04 2.1E + 03
120..................................... 2.4E + 03 4.0E + 05 7.2E + 02 2.4E + 03 2.4E + 04 2.4E + 03
----------------------------------------------------------------------------------------------------------------
Table I-D--Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in Noncomplex Terrain
--------------------------------------------------------------------------------------------------------------------------------------------------------
Values for use in urban areas Values for use in rural areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arsenic Cadmium Chromium Beryllium Arsenic Cadmium Chromium Beryllium
Terrain adjusted eff. stack ht. (m) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
4............................................................... 4.6E-01 1.1E + 00 1.7E-01 8.2E-01 2.4E-01 5.8E-01 8.6E-02 4.3E-01
6............................................................... 5.4E-01 1.3E + 00 1.9E-01 9.4E-01 2.8E-01 6.6E-01 1.0E-01 5.0E-01
8............................................................... 6.0E-01 1.4E + 00 2.2E-01 1.1E + 00 3.2E-01 7.6E-01 1.1E-01 5.6E-01
10.............................................................. 6.8E-01 1.6E + 00 2.4E-01 1.2E + 00 3.6E-01 8.6E-01 1.3E-01 6.4E-01
12.............................................................. 7.6E-01 1.8E + 00 2.7E-01 1.4E + 00 4.3E-01 1.1E + 00 1.6E-01 7.8E-01
14.............................................................. 8.6E-01 2.1E + 00 3.1E-01 1.5E + 00 5.4E-01 1.3E + 00 2.0E-01 9.6E-01
16.............................................................. 9.6E-01 2.3E + 00 3.5E-01 1.7E + 00 6.8E-01 1.6E + 00 2.4E-01 1.2E + 00
18.............................................................. 1.1E + 00 2.6E + 00 4.0E-01 2.0E + 00 8.2E-01 2.0E + 00 3.0E-01 1.5E + 00
[[Page 78]]
20.............................................................. 1.2E + 00 3.0E + 00 4.4E-01 2.2E + 00 1.0E + 00 2.5E + 00 3.7E-01 1.9E + 00
22.............................................................. 1.4E + 00 3.4E + 00 5.0E-01 2.5E + 00 1.3E + 00 3.2E + 00 4.8E-01 2.4E + 00
24.............................................................. 1.6E + 00 3.9E + 00 5.8E-01 2.8E + 00 1.7E + 00 4.0E + 00 6.0E-01 3.0E + 00
26.............................................................. 1.8E + 00 4.3E + 00 6.4E-01 3.2E + 00 2.1E + 00 5.0E + 00 7.6E-01 3.9E + 00
28.............................................................. 2.0E + 00 4.8E + 00 7.2E-01 3.6E + 00 2.7E + 00 6.4E + 00 9.8E-01 5.0E + 00
30.............................................................. 2.3E + 00 5.4E + 00 8.2E-01 4.0E + 00 3.5E + 00 8.2E + 00 1.2E + 00 6.2E + 00
35.............................................................. 3.0E + 00 6.8E + 00 1.0E + 00 5.4E + 00 5.4E + 00 1.3E + 01 1.9E + 00 9.6E + 00
40.............................................................. 3.6E + 00 9.0E + 00 1.3E + 00 6.8E + 00 8.2E + 00 2.0E + 01 3.0E + 00 1.5E + 01
45.............................................................. 4.6E + 00 1.1E + 01 1.7E + 00 8.6E + 00 1.1E + 01 2.8E + 01 4.2E + 00 2.1E + 01
50.............................................................. 6.0E + 00 1.4E + 01 2.2E + 00 1.1E + 01 1.5E + 01 3.7E + 01 5.4E + 00 2.8E + 01
55.............................................................. 7.6E + 00 1.8E + 01 2.7E + 00 1.4E + 01 2.0E + 01 5.0E + 01 7.2E + 00 3.6E + 01
60.............................................................. 9.4E + 00 2.2E + 01 3.4E + 00 1.7E + 01 2.7E + 01 6.4E + 01 9.6E + 00 4.8E + 01
65.............................................................. 1.1E + 01 2.8E + 01 4.2E + 00 2.1E + 01 3.6E + 01 8.6E + 01 1.3E + 01 6.4E + 01
70.............................................................. 1.3E + 01 3.1E + 01 4.6E + 00 2.4E + 01 4.3E + 01 1.0E + 02 1.5E + 01 7.6E + 01
75.............................................................. 1.5E + 01 3.6E + 01 5.4E + 00 2.7E + 01 5.0E + 01 1.2E + 02 1.8E + 01 9.0E + 01
80.............................................................. 1.7E + 01 4.0E + 01 6.0E + 00 3.0E + 01 6.0E + 01 1.4E + 02 2.2E + 01 1.1E + 02
85.............................................................. 1.9E + 01 4.6E + 01 6.8E + 00 3.4E + 01 7.2E + 01 1.7E + 02 2.6E + 01 1.3E + 02
90.............................................................. 2.2E + 01 5.0E + 01 7.8E + 00 3.9E + 01 8.6E + 01 2.0E + 02 3.0E + 01 1.5E + 02
95.............................................................. 2.5E + 01 5.8E + 01 9.0E + 00 4.4E + 01 1.0E + 02 2.4E + 02 3.6E + 01 1.8E + 02
100............................................................. 2.8E + 01 6.8E + 01 1.0E + 01 5.0E + 01 1.2E + 02 2.9E + 02 4.3E + 01 2.2E + 02
105............................................................. 3.2E + 01 7.6E + 01 1.1E + 01 5.6E + 01 1.4E + 02 3.4E + 02 5.0E + 01 2.6E + 02
110............................................................. 3.6E + 01 8.6E + 01 1.3E + 01 6.4E + 01 1.7E + 02 4.0E + 02 6.0E + 01 3.0E + 02
115............................................................. 4.0E + 01 9.6E + 01 1.5E + 01 7.2E + 01 2.0E + 02 4.8E + 02 7.2E + 01 3.6E + 02
120............................................................. 4.6E + 01 1.1E + 02 1.7E + 01 8.2E + 01 2.4E + 02 5.8E + 02 8.6E + 01 4.3E + 02
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table I-E--Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in
Complex Terrain
----------------------------------------------------------------------------------------------------------------
Values for use in urban and rural areas
-----------------------------------------------------------------------------------------------------------------
Arsenic (g/ Cadmium (g/ Chromium (g/ Beryllium
Terrain adjusted eff. stack ht. (m) hr) hr) hr) (g/hr)
----------------------------------------------------------------------------------------------------------------
4........................................................... 1.1E-01 2.6E-01 4.0E-02 2.0E-01
6........................................................... 1.6E-01 3.9E-01 5.8E-02 2.9E-01
8........................................................... 2.4E-01 5.8E-01 8.6E-02 4.3E-01
10.......................................................... 3.5E-01 8.2E-01 1.3E-01 6.2E-01
12.......................................................... 4.3E-01 1.0E + 00 1.5E-01 7.6E-01
14.......................................................... 5.0E-01 1.3E + 00 1.9E-01 9.4E-01
16.......................................................... 6.0E-01 1.4E + 00 2.2E-01 1.1E + 00
18.......................................................... 6.8E-01 1.6E + 00 2.4E-01 1.2E + 00
20.......................................................... 7.6E-01 1.8E + 00 2.7E-01 1.3E + 00
22.......................................................... 8.2E-01 1.9E + 00 3.0E-01 1.5E + 00
24.......................................................... 9.0E-01 2.1E + 00 3.3E-01 1.6E + 00
26.......................................................... 1.0E + 00 2.4E + 00 3.6E-01 1.8E + 00
28.......................................................... 1.1E + 00 2.7E + 00 4.0E-01 2.0E + 00
30.......................................................... 1.2E + 00 3.0E + 00 4.4E-01 2.2E + 00
35.......................................................... 1.5E + 00 3.7E + 00 5.4E-01 2.7E + 00
40.......................................................... 1.9E + 00 4.6E + 00 6.8E-01 3.4E + 00
45.......................................................... 2.4E + 00 5.4E + 00 8.4E-01 4.2E + 00
50.......................................................... 2.9E + 00 6.8E + 00 1.0E + 00 5.0E + 00
55.......................................................... 3.5E + 00 8.4E + 00 1.3E + 00 6.4E + 00
60.......................................................... 4.3E + 00 1.0E + 01 1.5E + 00 7.8E + 00
65.......................................................... 5.4E + 00 1.3E + 01 1.9E + 00 9.6E + 00
70.......................................................... 6.0E + 00 1.4E + 01 2.2E + 00 1.1E + 01
75.......................................................... 6.8E + 00 1.6E + 01 2.4E + 00 1.2E + 01
80.......................................................... 7.6E + 00 1.8E + 01 2.7E + 00 1.3E + 01
85.......................................................... 8.2E + 00 2.0E + 01 3.0E + 00 1.5E + 01
90.......................................................... 9.4E + 00 2.3E + 01 3.4E + 00 1.7E + 01
95.......................................................... 1.0E + 01 2.5E + 01 4.0E + 00 1.9E + 01
100......................................................... 1.2E + 01 2.8E + 01 4.3E + 00 2.1E + 01
105......................................................... 1.3E + 01 3.2E + 01 4.8E + 00 2.4E + 01
110......................................................... 1.5E + 01 3.5E + 01 5.4E + 00 2.7E + 01
115......................................................... 1.7E + 01 4.0E + 01 6.0E + 00 3.0E + 01
120......................................................... 1.9E + 01 4.4E + 01 6.4E + 00 3.3E + 01
----------------------------------------------------------------------------------------------------------------
[56 FR 7228, Feb. 21, 1991; 56 FR 32690, July 17, 1991]
[[Page 79]]
Sec. Appendix II to Part 266--Tier I Feed Rate Screening Limits for
Total Chlorine
----------------------------------------------------------------------------------------------------------------
Noncomplex Terrain Complex Terrain
Terrain-adjusted effective stack -------------------------------------------------------------------------
height (m) Urban (g/hr) Rural (g/hr) (g/hr)
----------------------------------------------------------------------------------------------------------------
4..................................... 8.2E + 01.............. 4.2E + 01.............. 1.9E + 01
6..................................... 9.1E + 01.............. 4.8E + 01.............. 2.8E + 01
8..................................... 1.0E + 02.............. 5.3E + 01.............. 4.1E + 01
10.................................... 1.2E + 02.............. 6.2E + 01.............. 5.8E + 01
12.................................... 1.3E + 02.............. 7.7E + 01.............. 7.2E + 01
14.................................... 1.5E + 02.............. 9.1E + 01.............. 9.1E + 01
16.................................... 1.7E + 02.............. 1.2E + 02.............. 1.1E + 02
18.................................... 1.9E + 02.............. 1.4E + 02.............. 1.2E + 02
20.................................... 2.1E + 02.............. 1.8E + 02.............. 1.3E + 02
22.................................... 2.4E + 02.............. 2.3E + 02.............. 1.4E + 02
24.................................... 2.7E + 02.............. 2.9E + 02.............. 1.6E + 02
26.................................... 3.1E + 02.............. 3.7E + 02.............. 1.7E + 02
28.................................... 3.5E + 02.............. 4.7E + 02.............. 1.9E + 02
30.................................... 3.9E + 02.............. 5.8E + 02.............. 2.1E + 02
35.................................... 5.3E + 02.............. 9.6E + 02.............. 2.6E + 02
40.................................... 6.2E + 02.............. 1.4E + 03.............. 3.3E + 02
45.................................... 8.2E + 02.............. 2.0E + 03.............. 4.0E + 02
50.................................... 1.1E + 03.............. 2.6E + 03.............. 4.8E + 02
55.................................... 1.3E + 03.............. 3.5E + 03.............. 6.2E + 02
60.................................... 1.6E + 03.............. 4.6E + 03.............. 7.7E + 02
65.................................... 2.0E + 03.............. 6.2E + 03.............. 9.1E + 02
70.................................... 2.3E + 03.............. 7.2E + 03.............. 1.1E + 03
75.................................... 2.5E + 03.............. 8.6E + 03.............. 1.2E + 03
80.................................... 2.9E + 03.............. 1.0E + 04.............. 1.3E + 03
85.................................... 3.3E + 03.............. 1.2E + 04.............. 1.4E + 03
90.................................... 3.7E + 03.............. 1.4E + 04.............. 1.6E + 03
95.................................... 4.2E + 03.............. 1.7E + 04.............. 1.8E + 03
100................................... 4.8E + 03.............. 2.1E + 04.............. 2.0E + 03
105................................... 5.3E + 03.............. 2.4E + 04.............. 2.3E + 03
110................................... 6.2E + 03.............. 2.9E + 04.............. 2.5E + 03
115................................... 7.2E + 03.............. 3.5E + 04.............. 2.8E + 03
120................................... 8.2E + 03.............. 4.1E + 04.............. 3.2E + 03
----------------------------------------------------------------------------------------------------------------
[56 FR 32690, July 17, 1991]
Sec. Appendix III to Part 266--Tier II Emission Rate Screening Limits
for Free Chlorine and Hydrogen Chloride
--------------------------------------------------------------------------------------------------------------------------------------------------------
Noncomplex terrain Complex terrain
----------------------------------------------------------------------------------------------------------------------
Terrain-adjusted effective stack Values for urban areas Values for rural areas Values for use in urban and rural
height (m) -------------------------------------------------------------------------------- areas
--------------------------------------
Cl2 (g/hr) HCl (g/hr) Cl2 (g/hr) HCl (g/hr) Cl2 (g/hr) HCl (g/hr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
4................................ 8.2E + 01......... 1.4E + 03......... 4.2E + 01......... 7.3E + 02......... 1.9E + 01......... 3.3E + 02
6................................ 9.1E + 01......... 1.6E + 03......... 4.8E + 01......... 8.3E + 02......... 2.8E + 01......... 4.9E + 02
8................................ 1.0E + 02......... 1.8E + 03......... 5.3E + 01......... 9.2E + 02......... 4.1E + 01......... 7.1E + 02
10............................... 1.2E + 02......... 2.0E + 03......... 6.2E + 01......... 1.1E + 03......... 5.8E + 01......... 1.0E + 03
12............................... 1.3E + 02......... 2.3E + 03......... 7.7E + 01......... 1.3E + 03......... 7.2E + 01......... 1.3E + 03
14............................... 1.5E + 02......... 2.6E + 03......... 9.1E + 01......... 1.6E + 03......... 9.1E + 01......... 1.6E + 03
16............................... 1.7E + 02......... 2.9E + 03......... 1.2E + 02......... 2.0E + 03......... 1.1E + 02......... 1.8E + 03
18............................... 1.9E + 02......... 3.3E + 03......... 1.4E + 02......... 2.5E + 03......... 1.2E + 02......... 2.0E + 03
20............................... 2.1E + 02......... 3.7E + 03......... 1.8E + 02......... 3.1E + 03......... 1.3E + 02......... 2.3E + 03
22............................... 2.4E + 02......... 4.2E + 03......... 2.3E + 02......... 3.9E + 03......... 1.4E + 02......... 2.4E + 03
24............................... 2.7E + 02......... 4.8E + 03......... 2.9E + 02......... 5.0E + 03......... 1.6E + 02......... 2.8E + 03
26............................... 3.1E + 02......... 5.4E + 03......... 3.7E + 02......... 6.5E + 03......... 1.7E + 02......... 3.0E + 03
28............................... 3.5E + 02......... 6.0E + 03......... 4.7E + 02......... 8.1E + 03......... 1.9E + 02......... 3.4E + 03
30............................... 3.9E + 02......... 6.9E + 03......... 5.8E + 02......... 1.0E + 04......... 2.1E + 02......... 3.7E + 03
35............................... 5.3E + 02......... 9.2E + 03......... 9.6E + 02......... 1.7E + 04......... 2.6E + 02......... 4.6E + 03
40............................... 6.2E + 02......... 1.1E + 04......... 1.4E + 03......... 2.5E + 04......... 3.3E + 02......... 5.7E + 03
45............................... 8.2E + 02......... 1.4E + 04......... 2.0E + 03......... 3.5E + 04......... 4.0E + 02......... 7.0E + 03
50............................... 1.1E + 03......... 1.8E + 04......... 2.6E + 03......... 4.6E + 04......... 4.8E + 02......... 8.4E + 03
55............................... 1.3E + 03......... 2.3E + 04......... 3.5E + 03......... 6.1E + 04......... 6.2E + 02......... 1.1E + 04
60............................... 1.6E + 03......... 2.9E + 04......... 4.6E + 03......... 8.1E + 04......... 7.7E + 02......... 1.3E + 04
65............................... 2.0E + 03......... 3.4E + 04......... 6.2E + 03......... 1.1E + 05......... 9.1E + 02......... 1.6E + 04
70............................... 2.3E + 03......... 3.9E + 04......... 7.2E + 03......... 1.3E + 05......... 1.1E + 03......... 1.8E + 04
75............................... 2.5E + 03......... 4.5E + 04......... 8.6E + 03......... 1.5E + 05......... 1.2E + 03......... 2.0E + 04
[[Page 80]]
80............................... 2.9E + 03......... 5.0E + 04......... 1.0E + 04......... 1.8E + 05......... 1.3E + 03......... 2.3E + 04
85............................... 3.3E + 03......... 5.8E + 04......... 1.2E + 04......... 2.2E + 05......... 1.4E + 03......... 2.5E + 04
90............................... 3.7E + 03......... 6.6E + 04......... 1.4E + 04......... 2.5E + 05......... 1.6E + 03......... 2.9E + 04
95............................... 4.2E + 03......... 7.4E + 04......... 1.7E + 04......... 3.0E + 05......... 1.8E + 03......... 3.2E + 04
100.............................. 4.8E + 03......... 8.4E + 04......... 2.1E + 04......... 3.6E + 05......... 2.0E + 03......... 3.5E + 04
105.............................. 5.3E + 03......... 9.2E + 04......... 2.4E + 04......... 4.3E + 05......... 2.3E + 03......... 3.9E + 04
110.............................. 6.2E + 03......... 1.1E + 05......... 2.9E + 04......... 5.1E + 05......... 2.5E + 03......... 4.5E + 04
115.............................. 7.2E + 03......... 1.3E + 05......... 3.5E + 04......... 6.1E + 05......... 2.8E + 03......... 5.0E + 04
120.............................. 8.2E + 03......... 1.4E + 05......... 4.1E + 04......... 7.2E + 05......... 3.2E + 03......... 5.6E + 04
--------------------------------------------------------------------------------------------------------------------------------------------------------
[56 FR 32691, July 17, 1991, as amended at 71 FR 40277, July 14, 2006]
Sec. Appendix IV to Part 266--Reference Air Concentrations*
------------------------------------------------------------------------
RAC (ug/
Constituent CAS No. m\3\)
------------------------------------------------------------------------
Acetaldehyde................................... 75-07-0 10
Acetonitrile................................... 75-05-8 10
Acetophenone................................... 98-86-2 100
Acrolein....................................... 107-02-8 20
Aldicarb....................................... 116-06-3 1
Aluminum Phosphide............................. 20859-73-8 0.3
Allyl Alcohol.................................. 107-18-6 5
Antimony....................................... 7440-36-0 0.3
Barium......................................... 7440-39-3 50
Barium Cyanide................................. 542-62-1 50
Bromomethane................................... 74-83-9 0.8
Calcium Cyanide................................ 592-01-8 30
Carbon Disulfide............................... 75-15-0 200
Chloral........................................ 75-87-6 2
Chlorine (free)................................ ............ 0.4
2-Chloro-1,3-butadiene......................... 126-99-8 3
Chromium III................................... 16065-83-1 1000
Copper Cyanide................................. 544-92-3 5
Cresols........................................ 1319-77-3 50
Cumene......................................... 98-82-8 1
Cyanide (free)................................. 57-12-15 20
Cyanogen....................................... 460-19-5 30
Cyanogen Bromide............................... 506-68-3 80
Di-n-butyl Phthalate........................... 84-74-2 100
o-Dichlorobenzene.............................. 95-50-1 10
p-Dichlorobenzene.............................. 106-46-7 10
Dichlorodifluoromethane........................ 75-71-8 200
2,4-Dichlorophenol............................. 120-83-2 3
Diethyl Phthalate.............................. 84-66-2 800
Dimethoate..................................... 60-51-5 0.8
2,4-Dinitrophenol.............................. 51-28-5 2
Dinoseb........................................ 88-85-7 0.9
Diphenylamine.................................. 122-39-4 20
Endosulfan..................................... 115-29-1 0.05
Endrin......................................... 72-20-8 0.3
Fluorine....................................... 7782-41-4 50
Formic Acid.................................... 64-18-6 2000
Glycidyaldehyde................................ 765-34-4 0.3
Hexachlorocyclopentadiene...................... 77-47-4 5
Hexachlorophene................................ 70-30-4 0.3
Hydrocyanic Acid............................... 74-90-8 20
Hydrogen Chloride.............................. 7647-01-1 7
Hydrogen Sulfide............................... 7783-06-4 3
Isobutyl Alcohol............................... 78-83-1 300
Lead........................................... 7439-92-1 0.09
Maleic Anhydride............................... 108-31-6 100
Mercury........................................ 7439-97-6 0.3
Methacrylonitrile.............................. 126-98-7 0.1
Methomyl....................................... 16752-77-5 20
Methoxychlor................................... 72-43-5 50
Methyl Chlorocarbonate......................... 79-22-1 1000
Methyl Ethyl Ketone............................ 78-93-3 80
Methyl Parathion............................... 298-00-0 0.3
Nickel Cyanide................................. 557-19-7 20
Nitric Oxide................................... 10102-43-9 100
Nitrobenzene................................... 98-95-3 0.8
Pentachlorobenzene............................. 608-93-5 0.8
Pentachlorophenol.............................. 87-86-5 30
Phenol......................................... 108-95-2 30
M-Phenylenediamine............................. 108-45-2 5
Phenylmercuric Acetate......................... 62-38-4 0.075
Phosphine...................................... 7803-51-2 0.3
Phthalic Anhydride............................. 85-44-9 2000
Potassium Cyanide.............................. 151-50-8 50
Potassium Silver Cyanide....................... 506-61-6 200
Pyridine....................................... 110-86-1 1
Selenious Acid................................. 7783-60-8 3
Selenourea..................................... 630-10-4 5
Silver......................................... 7440-22-4 3
Silver Cyanide................................. 506-64-9 100
Sodium Cyanide................................. 143-33-9 30
Strychnine..................................... 57-24-9 0.3
1,2,4,5-Tetrachlorobenzene..................... 95-94-3 0.3
2,3,4,6-Tetrachlorophenol...................... 58-90-2 30
Tetraethyl Lead................................ 78-00-2 0.0001
Tetrahydrofuran................................ 109-99-9 10
Thallic Oxide.................................. 1314-32-5 0.3
Thallium....................................... 7440-28-0 0.5
Thallium (I) Acetate........................... 563-68-8 0.5
Thallium (I) Carbonate......................... 6533-73-9 0.3
Thallium (I) Chloride.......................... 7791-12-0 0.3
Thallium (I) Nitrate........................... 10102-45-1 0.5
Thallium Selenite.............................. 12039-52-0 0.5
Thallium (I) Sulfate........................... 7446-18-6 0.075
Thiram......................................... 137-26-8 5
Toluene........................................ 108-88-3 300
1,2,4-Trichlorobenzene......................... 120-82-1 20
Trichloromonofluoromethane..................... 75-69-4 300
2,4,5-Trichlorophenol.......................... 95-95-4 100
Vanadium Pentoxide............................. 1314-62-1 20
Warfarin....................................... 81-81-2 0.3
Xylenes........................................ 1330-20-7 80
Zinc Cyanide................................... 557-21-1 50
Zinc Phosphide................................. 1314-84-7 0.3
------------------------------------------------------------------------
*The RAC for other appendix VIII part 261 constituents not listed herein
or in appendix V of this part is 0.1 ug/m. \3\
[56 FR 7232, Feb. 21, 1991; 56 FR 32691, July 17, 1991, as amended at 71
FR 40277, July 14, 2006]
[[Page 81]]
Sec. Appendix V to Part 266--Risk Specific Doses (10-5)
----------------------------------------------------------------------------------------------------------------
Unit risk RsD ([mu]g/
Constituent CAS No. (m\3\/[mu]g) m\3\)
----------------------------------------------------------------------------------------------------------------
Acrylamide......................................................... 79-06-1 1.3E-03 7.7E-03
Acrylonitrile...................................................... 107-13-1 6.8E-05 1.5E-01
Aldrin............................................................. 309-00-2 4.9E-03 2.0E-03
Aniline............................................................ 62-53-3 7.4E-06 1.4E + 00
Arsenic............................................................ 7440-38-2 4.3E-03 2.3E-03
Benz(a)anthracene.................................................. 56-55-3 8.9E-04 1.1E-02
Benzene............................................................ 71-43-2 8.3E-06 1.2E + 00
Benzidine.......................................................... 92-87-5 6.7E-02 1.5E-04
Benzo(a)pyrene..................................................... 50-32-8 3.3E-03 3.0E-03
Beryllium.......................................................... 7440-41-7 2.4E-03 4.2E-03
Bis(2-chloroethyl)ether............................................ 111-44-4 3.3E-04 3.0E-02
Bis(chloromethyl)ether............................................. 542-88-1 6.2E-02 1.6E-04
Bis(2-ethylhexyl)-phthalate........................................ 117-81-7 2.4E-07 4.2E + 01
1,3-Butadiene...................................................... 106-99-0 2.8E-04 3.6E-02
Cadmium............................................................ 7440-43-9 1.8E-03 5.6E-03
Carbon Tetrachloride............................................... 56-23-5 1.5E-05 6.7E-01
Chlordane.......................................................... 57-74-9 3.7E-04 2.7E-02
Chloroform......................................................... 67-66-3 2.3E-05 4.3E-01
Chloromethane...................................................... 74-87-3 3.6E-06 2.8E + 00
Chromium VI........................................................ 7440-47-3 1.2E-02 8.3E-04
DDT................................................................ 50-29-3 9.7E-05 1.0E-01
Dibenz(a,h)anthracene.............................................. 53-70-3 1.4E-02 7.1E-04
1,2-Dibromo-3-chloropropane........................................ 96-12-8 6.3E-03 1.6E-03
1,2-Dibromoethane.................................................. 106-93-4 2.2E-04 4.5E-02
1,1-Dichloroethane................................................. 75-34-3 2.6E-05 3.8E-01
1,2-Dichloroethane................................................. 107-06-2 2.6E-05 3.8E-01
1,1-Dichloroethylene............................................... 75-35-4 5.0E-05 2.0E-01
1,3-Dichloropropene................................................ 542-75-6 3.5E-01 2.9E-05
Dieldrin........................................................... 60-57-1 4.6E-03 2.2E-03
Diethylstilbestrol................................................. 56-53-1 1.4E-01 7.1E-05
Dimethylnitrosamine................................................ 62-75-9 1.4E-02 7.1E-04
2,4-Dinitrotoluene................................................. 121-14-2 8.8E-05 1.1E-01
1,2-Diphenylhydrazine.............................................. 122-66-7 2.2E-04 4.5E-02
1,4-Dioxane........................................................ 123-91-1 1.4E-06 7.1E + 00
Epichlorohydrin.................................................... 106-89-8 1.2E-06 8.3E + 00
Ethylene Oxide..................................................... 75-21-8 1.0E-04 1.0E-01
Ethylene Dibromide................................................. 106-93-4 2.2E-04 4.5E-02
Formaldehyde....................................................... 50-00-0 1.3E-05 7.7E-01
Heptachlor......................................................... 76-44-8 1.3E-03 7.7E-03
Heptachlor Epoxide................................................. 1024-57-3 2.6E-03 3.8E-03
Hexachlorobenzene.................................................. 118-74-1 4.9E-04 2.0E-02
Hexachlorobutadiene................................................ 87-68-3 2.0E-05 5.0E-01
Alpha-hexachloro-cyclohexane....................................... 319-84-6 1.8E-03 5.6E-03
Beta-hexachloro-cyclohexane........................................ 319-85-7 5.3E-04 1.9E-02
Gamma-hexachloro-cyclohexane....................................... 58-89-9 3.8E-04 2.6E-02
Hexachlorocyclo-hexane, Technical.................................. ........... 5.1E-04 2.0E-02
Hexachlorodibenzo-p-dioxin(1,2 Mixture)............................ ........... 1.3E + 0 7.7E-06
Hexachloroethane................................................... 67-72-1 4.0E-06 2.5E + 00
Hydrazine.......................................................... 302-01-2 2.9E-03 3.4E-03
Hydrazine Sulfate.................................................. 302-01-2 2.9E-03 3.4E-03
3-Methylcholanthrene............................................... 56-49-5 2.7E-03 3.7E-03
Methyl Hydrazine................................................... 60-34-4 3.1E-04 3.2E-02
Methylene Chloride................................................. 75-09-2 4.1E-06 2.4E + 00
4,4'-Methylene-bis-2-chloroaniline................................. 101-14-4 4.7E-05 2.1E-01
Nickel............................................................. 7440-02-0 2.4E-04 4.2E-02
Nickel Refinery Dust............................................... 7440-02-0 2.4E-04 4.2E-02
Nickel Subsulfide.................................................. 12035-72-2 4.8E-04 2.1E-02
2-Nitropropane..................................................... 79-46-9 2.7E-02 3.7E-04
N-Nitroso-n-butylamine............................................. 924-16-3 1.6E-03 6.3E-03
N-Nitroso-n-methylurea............................................. 684-93-5 8.6E-02 1.2E-04
N-Nitrosodiethylamine.............................................. 55-18-5 4.3E-02 2.3E-04
N-Nitrosopyrrolidine............................................... 930-55-2 6.1E-04 1.6E-02
Pentachloronitrobenzene............................................ 82-68-8 7.3E-05 1.4E-01
PCBs............................................................... 1336-36-3 1.2E-03 8.3E-03
Pronamide.......................................................... 23950-58-5 4.6E-06 2.2E + 00
Reserpine.......................................................... 50-55-5 3.0E-03 3.3E-03
2,3,7,8-Tetrachloro-dibenzo-p-dioxin............................... 1746-01-6 4.5E + 01 2.2E-07
1,1,2,2-Tetrachloroethane.......................................... 79-34-5 5.8E-05 1.7E-01
Tetrachloroethylene................................................ 127-18-4 4.8E-07 2.1E + 01
Thiourea........................................................... 62-56-6 5.5E-04 1.8E-02
1,1,2-Trichloroethane.............................................. 79-00-5 1.6E-05 6.3E-01
[[Page 82]]
Trichloroethylene.................................................. 79-01-6 1.3E-06 7.7E + 00
2,4,6-Trichlorophenol.............................................. 88-06-2 5.7E-06 1.8E + 00
Toxaphene.......................................................... 8001-35-2 3.2E-04 3.1E-02
Vinyl Chloride..................................................... 75-01-4 7.1E-06 1.4E + 00
----------------------------------------------------------------------------------------------------------------
[56 FR 7232, Feb. 21, 1991, as amended at 71 FR 40277, July 14, 2006]
Sec. Appendix VI to Part 266--Stack Plume Rise
[Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate and Gas Temperature]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Exhaust Temperature (K[deg])
Flow rate (m\3\/s) -----------------------------------------------------------------------------------------------------------
<325 325-349 350-399 400-449 450-499 500-599 600-699 700-799 800-999 1000-1499 1499
--------------------------------------------------------------------------------------------------------------------------------------------------------
<0.5........................................ 0 0 0 0 0 0 0 0 0 0 0
0.5-0.9..................................... 0 0 0 0 0 0 0 0 1 1 1
1.0-1.9..................................... 0 0 0 0 1 1 2 3 3 3 4
2.0-2.9..................................... 0 0 1 3 4 4 6 6 7 8 9
3.0-3.9..................................... 0 1 2 5 6 7 9 10 11 12 13
4.0-4.9..................................... 1 2 4 6 8 10 12 13 14 15 17
5.0-7.4..................................... 2 3 5 8 10 12 14 16 17 19 21
7.5-9.9..................................... 3 5 8 12 15 17 20 22 22 23 24
10.0-12.4................................... 4 6 10 15 19 21 23 24 25 26 27
12.5-14.9................................... 4 7 12 18 22 23 25 26 27 28 29
15.0-19.9................................... 5 8 13 20 23 24 26 27 28 29 31
20.0-24.9................................... 6 10 17 23 25 27 29 30 31 32 34
25.0-29.9................................... 7 12 20 25 27 29 31 32 33 35 36
30.0-34.9................................... 8 14 22 26 29 31 33 35 36 37 39
35.0-39.9................................... 9 16 23 28 30 32 35 36 37 39 41
40.0-49.9................................... 10 17 24 29 32 34 36 38 39 41 42
50.0-59.9................................... 12 21 26 31 34 36 39 41 42 44 46
60.0-69.9................................... 14 22 27 33 36 39 42 43 45 47 49
70.0-79.9................................... 16 23 29 35 38 41 44 46 47 49 51
80.0-89.9................................... 17 25 30 36 40 42 46 48 49 51 54
90.0-99.9................................... 19 26 31 38 42 44 48 50 51 53 56
100.0-119.9................................. 21 26 32 39 43 46 49 52 53 55 58
120.0-139.9................................. 22 28 35 42 46 49 52 55 56 59 61
140.0-159.9................................. 23 30 36 44 48 51 55 58 59 62 65
160.0-179.9................................. 25 31 38 46 50 54 58 60 62 65 67
180.0-199.9................................. 26 32 40 48 52 56 60 63 65 67 70
199.9............................ 26 33 41 49 54 58 62 65 67 69 73
--------------------------------------------------------------------------------------------------------------------------------------------------------
[56 FR 7233, Feb. 21, 1991, as amended at 71 FR 40277, July 14, 2006]
Sec. Appendix VII to Part 266--Health-Based Limits for Exclusion of
Waste-Derived Residues*
Metals--TCLP Extract Concentration Limits
------------------------------------------------------------------------
Concentration limits
Constituent CAS No. (mg/L)
------------------------------------------------------------------------
Antimony............................ 7440-36-0 1xE + 00
Arsenic............................. 7440-38-2 5xE + 00
Barium.............................. 7440-39-3 1xE + 02
Beryllium........................... 7440-41-7 7xE-03
Cadmium............................. 7440-43-9 1xE + 00
Chromium............................ 7440-47-3 5xE + 00
Lead................................ 7439-92-1 5xE + 00
Mercury............................. 7439-97-6 2xE-01
Nickel.............................. 7440-02-0 7xE + 01
Selenium............................ 7782-49-2 1xE + 00
Silver.............................. 7440-22-4 5xE + 00
Thallium............................ 7440-28-0 7xE + 00
------------------------------------------------------------------------
Nonmetals--Residue Concentration Limits
------------------------------------------------------------------------
Concentration limits
Constituent CAS No. for residues (mg/kg)
------------------------------------------------------------------------
Acetonitrile........................ 75-05-8 2xE-01
Acetophenone........................ 98-86-2 4xE + 00
Acrolein............................ 107-02-8 5xE-01
Acrylamide.......................... 79-06-1 2xE-04
Acrylonitrile....................... 107-13-1 7xE-04
Aldrin.............................. 309-00-2 2xE-05
Allyl alcohol....................... 107-18-6 2xE-01
Aluminum phosphide.................. 20859-73-8 1xE-02
Aniline............................. 62-53-3 6xE-02
Barium cyanide...................... 542-62-1 1xE + 00
Benz(a)anthracene................... 56-55-3 1xE-04
Benzene............................. 71-43-2 5xE-03
Benzidine........................... 92-87-5 1xE-06
Bis(2-chloroethyl) ether............ 111-44-4 3xE-04
Bis(chloromethyl) ether............. 542-88-1 2xE-06
Bis(2-ethylhexyl) phthalate......... 117-81-7 3xE + 01
Bromoform........................... 75-25-2 7xE-01
[[Page 83]]
Calcium cyanide..................... 592-01-8 1xE-06
Carbon disulfide.................... 75-15-0 4xE + 00
Carbon tetrachloride................ 56-23-5 5xE-03
Chlordane........................... 57-74-9 3xE-04
Chlorobenzene....................... 108-90-7 1xE + 00
Chloroform.......................... 67-66-3 6xE-02
Copper cyanide...................... 544-92-3 2xE-01
Cresols (Cresylic acid)............. 1319-77-3 2xE + 00
Cyanogen............................ 460-19-5 1xE + 00
DDT................................. 50-29-3 1xE-03
Dibenz(a, h)-anthracene............. 53-70-3 7xE-06
1,2-Dibromo-3-chloropropane......... 96-12-8 2xE-05
p-Dichlorobenzene................... 106-46-7 7.5xE-02
Dichlorodifluoromethane............. 75-71-8 7xE + 00
1,1-Dichloroethylene................ 75-35-4 5xE-03
2,4-Dichlorophenol.................. 120-83-2 1xE-01
1,3-Dichloropropene................. 542-75-6 1xE-03
Dieldrin............................ 60-57-1 2xE-05
Diethyl phthalate................... 84-66-2 3xE + 01
Diethylstilbesterol................. 56-53-1 7xE-07
Dimethoate.......................... 60-51-5 3xE-02
2,4-Dinitrotoluene.................. 121-14-2 5xE-04
Diphenylamine....................... 122-39-4 9xE-01
1,2-Diphenylhydrazine............... 122-66-7 5xE-04
Endosulfan.......................... 115-29-7 2xE-03
Endrin.............................. 72-20-8 2xE-04
Epichlorohydrin..................... 106-89-8 4xE-02
Ethylene dibromide.................. 106-93-4 4xE-07
Ethylene oxide...................... 75-21-8 3xE-04
Fluorine............................ 7782-41-4 4xE + 00
Formic acid......................... 64-18-6 7xE + 01
Heptachlor.......................... 76-44-8 8xE-05
Heptachlor epoxide.................. 1024-57-3 4xE-05
Hexachlorobenzene................... 118-74-1 2xE-04
Hexachlorobutadiene................. 87-68-3 5xE-03
Hexachlorocyclopentadiene........... 77-47-4 2xE-01
Hexachlorodibenzo-p-dioxins......... 19408-74-3 6xE-08
Hexachloroethane.................... 67-72-1 3xE-02
Hydrazine........................... 302-01-1 1xE-04
Hydrogen cyanide.................... 74-90-8 7xE-05
Hydrogen sulfide.................... 7783-06-4 1xE-06
Isobutyl alcohol.................... 78-83-1 1xE + 01
Methomyl............................ 16752-77-5 1xE + 00
Methoxychlor........................ 72-43-5 1xE-01
3-Methylcholanthrene................ 56-49-5 4xE-05
4,4'-Methylenebis (2-chloroaniline). 101-14-4 2xE-03
Methylene chloride.................. 75-09-2 5xE-02
Methyl ethyl ketone (MEK)........... 78-93-3 2xE + 00
Methyl hydrazine.................... 60-34-4 3xE-04
Methyl parathion.................... 298-00-0 2xE-02
Naphthalene......................... 91-20-3 1xE + 01
Nickel cyanide...................... 557-19-7 7xE-01
Nitric oxide........................ 10102-43-9 4xE + 00
Nitrobenzene........................ 98-95-3 2xE-02
N-Nitrosodi-n-butylamine............ 924-16-3 6xE-05
N-Nitrosodiethylamine............... 55-18-5 2xE-06
N-Nitroso-N-methylurea.............. 684-93-5 1xE-07
N-Nitrosopyrrolidine................ 930-55-2 2xE-04
Pentachlorobenzene.................. 608-93-5 3xE-02
Pentachloronitrobenzene (PCNB)...... 82-68-8 1xE-01
Pentachlorophenol................... 87-86-5 1xE + 00
Phenol.............................. 108-95-2 1xE + 00
Phenylmercury acetate............... 62-38-4 3xE-03
Phosphine........................... 7803-51-2 1xE-02
Polychlorinated biphenyls, N.O.S.... 1336-36-3 5xE-05
Potassium cyanide................... 151-50-8 2xE + 00
Potassium silver cyanide............ 506-61-6 7xE + 00
Pronamide........................... 23950-58-5 3xE + 00
Pyridine............................ 110-86-1 4xE-02
Reserpine........................... 50-55-5 3xE-05
Selenourea.......................... 630-10-4 2xE-01
Silver cyanide...................... 506-64-9 4xE + 00
Sodium cyanide...................... 143-33-9 1xE + 00
Strychnine.......................... 57-24-9 1xE-02
1,2,4,5-Tetrachlorobenzene.......... 95-94-3 1xE-02
1,1,2,2-tetrachloroethane........... 79-34-5 2xE-03
Tetrachloroethylene................. 127-18-4 7xE-01
2,3,4,6-Tetrachlorophenol........... 58-90-2 1xE-02
Tetraethyl lead..................... 78-00-2 4xE-06
Thiourea............................ 62-56-6 2xE-04
Toluene............................. 108-88-3 1xE + 01
Toxaphene........................... 8001-35-2 5xE-03
1,1,2-Trichloroethane............... 79-00-5 6xE-03
Trichloroethylene................... 79-01-6 5xE-03
Trichloromonofluoromethane.......... 75-69-4 1xE + 01
2,4,5-Trichlorophenol............... 95-95-4 4xE + 00
2,4,6-Trichlorophenol............... 88-06-2 4xE + 00
Vanadium pentoxide.................. 1314-62-1 7xE-01
Vinyl chloride...................... 75-01-4 2xE-03
------------------------------------------------------------------------
* Note 1: The health-based concentration limits for appendix VIII
part 261 constituents for which a health-based concentration is not
provided below is 2xE-06 mg/kg.
Note 2: The levels specified in this appendix and the default level
of 0.002 micrograms per kilogram or the level of detection for
constituents as identified in Note 1 of this appendix are
administratively stayed under the condition, for those constituents
specified in Sec. 266.112(b)(1), that the owner or operator complies
with alternative levels defined as the land disposal restriction limits
specified in Sec. 268.43 of this chapter for FO39 nonwastewaters. See
Sec. 266.112(b)(2)(i).
[56 FR 7234, Feb. 21, 1991; 56 FR 32691, July 17, 1991, as amended at 58
FR 59603, Nov. 9, 1993]
Sec. Appendix VIII to Part 266--Organic Compounds for Which Residues
Must Be Analyzed
------------------------------------------------------------------------
Volatiles Semivolatiles
------------------------------------------------------------------------
Benzene................................... Bis(2-ethylhexyl)phthalate
Toluene................................... Naphthalene
Carbon tetrachloride...................... Phenol
Chloroform................................ Diethyl phthalate
Methylene chloride........................ Butyl benzyl phthalate
Trichloroethylene......................... 2,4-Dimethylphenol
Tetra chloroethylene...................... o-Dichlorobenzene
1,1,1-Trichloroethane..................... m-Dichlorobenzene
Chlorobenzene............................. p-Dichlorobenzene
cis-1,4-Dichloro-2-butene................. Hexachlorobenzene
Bromochloromethane........................ 2,4,6-Trichlorophenol
Bromodichloromethane...................... Fluoranthene
Bromoform................................. o-Nitrophenol
Bromomethane.............................. 1,2,4-Trichlorobenzene
Methylene bromide......................... o-Chlorophenol
[[Page 84]]
Methyl ethyl ketone....................... Pentachlorophenol
Pyrene
Dimethyl phthalate
Mononitrobenzene
2,6-Toluene diisocyanate
Polychlorinated dibenzo-p-
dioxins \1\
Polychlorinated dibenzo-
furans \1\
------------------------------------------------------------------------
\1\ Analyses for polychlorinated dibenzo-p-dioxins and polychlorinated
dibenzo-furans are required only for residues collected from areas
downstream of the combustion chamber (e.g., ductwork, boiler tubes,
heat exchange surfaces, air pollution control devices, etc.).
Note to the table: Analysis is not required for those compounds that
do not have an established F039 nonwastewater concentration limit.
[64 FR 53076, Sept. 30, 1999, as amended at 64 FR 63213, Nov. 19, 1999;
71 FR 40277, July 14, 2006]
Sec. Appendix IX to Part 266--Methods Manual for Compliance With the BIF
Regulations
Burning Hazardous Waste in Boilers and Industrial Furnaces
Table of Contents
1.0 Introduction
2.0 Performance Specifications for Continuous Emission Monitoring
Systems
2.1 Performance Specifications for Continuous Emission Monitoring of
Carbon Monoxide and Oxygen for Incinerators, Boilers, and
industrial Furnaces Burning Hazardous Waste
2.2 Performance Specifications for Continuous Emission Monitoring of
Hydrocarbons for Incinerators, Boilers, and Industrial
Furnaces
3.0 Sampling and Analytical Methods
4.0 Procedure for Estimating the Toxicity Equivalence of Chlorinated
Dibenzo-P-Dioxin and Dibenzofuran Congeners
5.0 Hazardous Waste Combustion Air Quality Screening Procedure
6.0 Simplified Land Use Classification Procedure for Compliance With
Tier I and Tier II Limits
7.0 Statistical Methodology for Bevill Residue Determinations
8.0 Procedures for Determining Default Values for Air Pollution Control
System Removal Efficiencies
8.1 APCS RE Default Values for Metals
8.2 APCS RE Default Values for HC1 and C12
8.3 APCS RE Default Values for Ash
8.4 References
9.0 Procedures for Determining Default Values for Partitioning of
Metals, Ash, and Total Chloride/Chlorine
9.1 Partitioning Default Value for Metals
9.2 Special Procedures for Chlorine, HCl, and Cl2,
9.3 Special Procedures for Ash
9.4 Use of Engineering Judgement to Estimate Partitioning and APCS RE
Values
9.5 Restrictions on Use of Test Data
10.0 Alternate Methodology for Implementing Metals Controls
10.1 Applicability
10.2 Introduction
10.3 Basis
10.4 Overview
10.5 Implementation Procedures
10.6 Precompliance Procedures
Appendix A--Statistics
Section 1.0 Introduction
This document presents required methods for demonstrating compliance
with U.S. Environmental Protection Agency regulations for boilers and
industrial furnaces (BIFs) burning hazardous waste (see 40 CFR part 266,
subpart H). The methods included in this document are:
1. Performance Specifications for Continuous Emission Monitoring
(CEM) of Carbon Monoxide, Oxygen, and Hydrocarbons in Stack Gases.
2. Procedures for Estimating the Toxicity Equivalency of Chlorinated
Dibenzo-p-dioxin and Dibenzofuran Congeners.
3. Hazardous Waste Combustion Air Quality Screening Procedures
(HWCAQSP).
4. Simplified Land Use Classification Procedure for Compliance with
Tier I and Tier II Limits.
5. Statistical Methodology for Bevill Residue Determinations.
6. Procedures for Determining Default Values for Air Pollution
Control System Removal Efficiencies.
7. Procedures for Determining Default Values for Partitioning of
Metals, Ash, and Total Chloride/Chlorine.
8. Alternate Methodology for Implementing Metals Controls.
a. Sampling and analytical methods for multiple metals, hexavalent
chromium, HCl and chlorine, polychlorinated dibenzo-p-dioxins and
dibenzofurans, and aldehydes and ketones can be found in ``Test Methods
for Evaluating Solid Wastes, Physical/Chemical Methods'' (EPA
Publication SW-846). Additional methods referenced in subpart H of part
266 but not included in this document can be found in 40 CFR parts 60
and 61, and SW-846.
b. The CEM performance specifications of section 2.0, the relevant
sampling Methods 0011, 0023A, 0050, 0051, 0060, and 0061 of SW-846,
incorporated by reference in Sec. 260.11, and the toxicity equivalency
procedure for dioxins and furans of section 4.0 are required procedures
for determining compliance with BIF regulations. For the determination
of chloride from HCl/Cl2 emission sampling train, you must
use appropriate methods.
[[Page 85]]
For the determination of carbonyl compounds by high-performance liquid
chromatography, you must use appropriate methods. The CEM performance
specifications are interim. The finalized CEM performance specifications
will be published in 40 CFR parts 60 and 61.
Section 2.0 Performance Specifications for Continuous Emission
Monitoring Systems
2.1 Performance Specifications for Continuous Emission Monitoring of
Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial
Furnaces Burning Hazardous Waste
2.1.1 Applicability and Principle
2.1.1.1 Applicability. These performance specifications apply to
carbon monoxide (CO) and oxygen (O2) continuous emission
monitoring systems (CEMSs) installed on incinerators, boilers, and
industrial furnaces burning hazardous waste. The specifications include
procedures which are intended to be used to evaluate the acceptability
of the CEMS at the time of its installation or whenever specified in
regulations or permits. The procedures are not designed to evaluate CEMS
performance over an extended period of time. The source owner or
operator is responsible for the proper calibration, maintenance, and
operation of the CEMS at all times.
2.1.1.2 Principle. Installation and measurement location
specifications, performance and equipment specifications, test and data
reduction procedures, and brief quality assurance guidelines are
included in the specifications. Calibration drift, relative accuracy,
calibration error, and response time tests are conducted to determine
conformance of the CEMS with the specifications.
2.1.2 Definitions
2.1.2.1 Continuous Emission Monitoring System (CEMS). A continuous
monitor is one in which the sample to be analyzed passes the measurement
section of the analyzer without interruption, and which evaluates the
detector response to the sample at least once each 15 seconds and
computes and records the results at least every 60 seconds. A CEMS
consists of all the equipment used to acquire data and includes the
sample extraction and transport hardware, the analyzer(s), and the data
recording/processing hardware and software.
2.1.2.2 Monitoring System Types. The specifications require CEMSs
capable of accepting calibration gases. Alternative system designs may
be used if approved by the Regional Administrator. There are two basic
types of monitoring systems: extractive and in-situ.
2.1.2.2.1 Extractive. Systems that use a pump or other mechanical,
pneumatic, or hydraulic means to draw a sample of the stack or flue gas
and convey it to a remotely located analyzer.
2.1.2.2.2 In-situ. Systems that perform an analysis without removing
a sample from the stack. Point in-situ analyzers place the sensing or
detecting element directly in the flue gas stream. Cross-stack in-situ
analyzers measure the parameter of interest by placing a source beam on
one side of the stack and the detector (in single-pass instruments) or a
retroreflector (in double-pass instruments) on the other side, and
measuring the parameter of interest (e.g., CO) by the attenuation of the
beam by the gas in its path.
2.1.2.3 Instrument Measurement Range. The difference between the
minimum and maximum concentration that can be measured by a specific
instrument. The minimum is often stated or assumed to be zero and the
range expressed only as the maximum.
2.1.2.4 Span or Span Value. Full scale instrument measurement range.
2.1.2.5 Calibration Drift (CD). The difference in the CEMS output
readings from the established reference value after a stated period of
operation during which no unscheduled maintenance, repair, or adjustment
takes place. A CD test is performed to demonstrate the stability of the
CEMS calibration over time.
2.1.2.6 Response Time. The time interval between the start of a step
change in the system input (e.g., change of calibration gas) and the
time when the data recorder displays 95 percent of the final value.
2.1.2.7 Accuracy. A measure of agreement between a measured value
and an accepted or true value, expressed as the percentage difference
between the true and measured values relative to the true value. For
these performance specifications, accuracy is checked by conducting a
calibration error (CE) test and a relative accuracy (RA) test. Certain
facilities, such as those using solid waste or batch-fed processes, may
observe long periods of almost no CO emissions with brief, high-level CO
emission spikes. These facilities, as well as facilities whose CO
emissions never exceed 5-10 ppm, may need to be exempted from the RA
requirement because the RA test procedure cannot ensure acquisition of
meaningful test results under these conditions. An alternative procedure
for accuracy determination is described in section 2.1.9.
2.1.2.8 Calibration Error (CE). The difference between the
concentration indicated by the CEMS and the known concentration of the
cylinder gas. A CE test procedure is performed to document the accuracy
and linearity of the monitoring equipment over the entire measurement
range.
2.1.2.9 Relative Accuracy (RA). A comparison of the CEMS response to
a value measured by a performance test method
[[Page 86]]
(PTM). The RA test is used to validate the calibration technique and
verify the ability of the CEMS to provide representative and accurate
measurements.
2.1.2.10 Performance Test Method (PTM). The sampling and analysis
procedure used to obtain reference measurements for comparison to CEMS
measurements. The applicable test methods are Method 10, 10A, or 10B
(for the determination of CO) and Method 3 or 3A (for the determination
of O2). These methods are found in 40 CFR part 60, appendix
A.
2.1.2.11 Performance Specification Test (PST) Period. The period
during which CD, CE, response time, and RA tests are conducted.
2.1.2.12 Centroidal Area. A concentric area that is geometrically
similar to the stack or duct cross section and is no greater than 1
percent of the stack or duct cross-sectional area.
2.1.3 Installation and Measurement Location Specifications
2.1.3.1 CEMS Installation and Measurement Locations. The CEMS shall
be installed in a location in which measurements representative of the
source's emissions can be obtained. The optimum location of the sample
interface for the CEMS is determined by a number of factors, including
ease of access for calibration and maintenance, the degree to which
sample conditioning will be required, the degree to which it represents
total emissions, and the degree to which it represents the combustion
situation in the firebox. The location should be as free from in-leakage
influences as possible and reasonably free from severe flow
disturbances. The sample location should be at least two equivalent duct
diameters downstream from the nearest control device, point of pollutant
generation, or other point at which a change in the pollutant
concentration or emission rate occurs and at least 0.5 diameter upstream
from the exhaust or control device. The equivalent duct diameter is
calculated as per 40 CFR part 60, appendix A, method 1, section 2.1. If
these criteria are not achievable or if the location is otherwise less
than optimum, the possibility of stratification should be checked as
described in Section 2.1.3.3 to determine whether the location would
cause failure of the relative accuracy test.
2.1.3.1.1 For extractive or point in-situ CEMSs, the measurement
point should be within or centrally located over the centroidal area of
the stack or duct cross section.
2.1.3.1.2 For cross-stack CEMSs, the effective measurement path
should (1) have at least 70 percent of the path within the inner 50
percent of the stack or duct cross-sectional area or (2) be centrally
located over any part of the centroidal area.
2.1.3.1.3 Both the CO and O2 monitors should be installed
at the same general location. If this is not possible, they may be
installed at different locations if the effluent gases at both sample
locations are not stratified and there is no in-leakage of air between
sampling locations.
2.1.3.2 Performance Test Method (PTM) Measurement Location and
Traverse Points.
2.1.3.2.1 Select an accessible PTM measurement point at least two
equivalent diameters downstream from the nearest control device, the
point of CO generation, or other point at which a change in the CO
concentration may occur, and at least a half equivalent diameter
upstream from the effluent exhaust or control device. When pollutant
concentration changes are due solely to diluent leakage (e.g., air
heater leakages) and CO and O2 are simultaneously measured at
the same location, one half diameter may be used in place of two
equivalent diameters. The CEMS and PTM locations need not be the same.
2.1.3.2.2 Select traverse points that ensure acquisition of
representative samples over the stack or duct cross section. At a
minimum, establish a measurement line that passes through the centroidal
area in the direction of any expected stratification. If this line
interferes with the CEMS measurements, displace the line up to 30 cm (or
5 percent of the equivalent diameter of the cross section, whichever is
less) from the centroidal area. Locate three traverse points at 17, 50,
and 83 percent of the measurement line. If the measurement line is no
longer than 2.4 meters and pollutant stratification is not expected, the
tester may choose to locate the three traverse points on the line at
0.4, 1.2, and 2.0 meters from the stack or duct wall. This option must
not be used at a site located within eight equivalent diameters
downstream of a flow disturbance. The tester may select other traverse
points, provided that they can be shown to the satisfaction of the
Administrator to provide a representative sample over the stack or duct
cross-section. Conduct all necessary PTM tests within 3 cm of the
selected traverse points. Sampling must not be performed within 3 cm of
the duct or stack inner wall.
2.1.3.3 Stratification Test Procedure. Stratification is defined as
a difference in excess of 10 percent between the average concentration
in the duct or stack and the concentration at any point more than 1.0
meter from the duct or stack wall. To determine whether effluent
stratification exists, a dual probe system should be used to determine
the average effluent concentration while measurements at each traverse
point are being made. One probe, located at the stack or duct centroid,
is used as a stationary reference point to indicate the change in
effluent concentration over time. The second probe is used for sampling
at the traverse
[[Page 87]]
points specified in method 1, appendix A, 40 CFR part 60. The monitoring
system samples sequentially at the reference and traverse points
throughout the testing period for five minutes at each point.
2.1.4 CEMS Performance and Equipment Specifications
Table 2.1-1 summarizes the performance specifications for the CEMSs.
Two sets of standards for CO are given; one for low-range and another
for high-range measurements. The high-range specifications relate to
measurement and quantification of short duration high concentration
peaks, while the low-range specifications relate to the overall average
operating condition of the burning device. The dual-range specifications
can be met by using (1) one analyzer for each range, (2) a dual range
unit, or (3) a single measurement range instrument capable of meeting
both specifications with a single unit. Adjustments cannot be made to
the analyzer between determinations of low- and high-level accuracy
within the single measurement range. In the second case, when the
concentration exceeds the span of the lower range, the data acquisition
system recorder shall switch to the high range automatically.
2.1.4.1 CEMS Span Value. In order to measure high and low
concentrations with the same or similar degree of accuracy, the maximum
ranges (span values) are specified for low and high range analyzers. The
span values are listed in Table 2.1-2. Tier I and Tier II format
definitions are established in 40 CFR part 266, subpart H.
Table 2.1-1--Performance Specifications of CO and O2 Monitors
------------------------------------------------------------------------
CO monitors
Parameter ----------------------------- O2 monitors
Low range High range
------------------------------------------------------------------------
Calibration drift 24 hours... <6 ppm \1\... <90 ppm..... <0.5% O2
Calibration error............ <10 ppm \1\.. <150 ppm.... <0.5% O2
Response time................ <2 min....... <2 min...... <2 min
Relative accuracy \2\........ (\3\)........ (\3\)....... (incorporate
d in CO RA
calculation
)
------------------------------------------------------------------------
\1\ For Tier II, CD and CE are <3% and <5% or twice the permit limit,
respectively.
\2\ Expressed as the sum of the mean absolute value plus the 95%
confidence interval of a series of measurements.
\3\ The greater of 10% of PTM or 10 ppm.
Table 2.1-2--CEMS Span Values for CO and O2 Monitors
------------------------------------------------------------------------
CO monitors
----------------------------- O2
High monitors
Low range (ppm) range (percent)
(ppm)
------------------------------------------------------------------------
Tier I rolling average format... 200............. 3,000 25
Tier II rolling average format.. 2 x permit limit 3,000 25
------------------------------------------------------------------------
2.1.4.2 Daily Calibration Gas Values. The owner or operator must
choose calibration gas concentrations (or calibration filters for in-
situ systems) that include zero and high-level calibration values for
the daily calibration checks. For a single measurement range monitor,
three CO calibration gas concentrations (or calibration filters for in-
situ systems) shall be used, i.e., the zero and high-level
concentrations of the low-range CO analyzer and the high-level
concentration of the high-range CO analyzer.
2.1.4.2.1 The zero level for the CO or O2 analyzer may be
between zero and 20 percent of the span value, e.g., 0-40 ppm for low-
range CO analyzer, 0-600 ppm for the high-range CO analyzer, and 0-5
percent for the O2 analyzer (for Tier I).
2.1.4.2.2 The high-level concentration for the CO or O2
analyzer shall be between 50 and 90 percent of the span value, i.e.,
100-180 ppm for the low-range CO analyzer, 1500-2700 ppm for the high-
range CO analyzer, and 12.5-22.5 percent O2 for the
O2 analyzer.
2.1.4.3 Data Recorder Scale. The strip chart recorder, computer, or
digital recorder must be capable of recording all readings within the
CEMS's measurement range and shall have a resolution of 0.5 percent of
span value, i.e., 1 ppm CO for low-range CO analyzer, 15 ppm CO for
high-range CO analyzer, and 0.1 percent O2 for the
O2 analyzer.
2.1.4.4 Response Time. The response time for the CO or O2
monitor shall not exceed 2 minutes to achieve 95 percent of the final
stable value.
2.1.4.5 Calibration Drift. The CEMS must allow the determination of
CD at the zero and high-level values. The CD must be determined
separately for CO and O2 monitors in terms of concentration.
The CO CEMS calibration response must not drift or deviate from the
reference value of the calibration gas (or calibration filters for in-
situ systems) by more than 3 percent of the span value after each 24-
hour period of the 7-day test, i.e., 6 ppm CO for the low-range analyzer
(Tier I) and 90 ppm for the high-range analyzer, at both zero and high
levels. The O2 monitor calibration response must not drift or
deviate from the reference value by more than 0.5 percent O2
at both zero and high levels.
[[Page 88]]
2.1.4.6 Relative Accuracy. The result of the RA test of the CO CEMS
(which incorporates the O2 monitor) must be no greater than
10 percent of the mean value of the PTM results or must be within 10 ppm
CO of the PTM results, whichever is less restrictive. The ppm CO
concentration shall be corrected to 7 percent O2 before
calculating the RA.
2.1.4.7 Calibration Error. The mean difference between the CEMS and
reference values at all three test points (see Table 2.1-3) must be no
greater than 5 percent of span value for CO monitors (i.e., 10 ppm CO
for low range Tier I CO analyzers and 150 ppm CO for high range CO
analyzers) and 0.5 percent for O2 analyzers.
2.1.4.8 Measurement and Recording Frequency. The sample to be
analyzed shall pass through the measurement section of the analyzer
without interruption. The detector shall measure the sample
concentration at least once every 15 seconds. An average emission rate
shall be computed and recorded at least once every 60 seconds.
2.1.4.9 Hourly Rolling Average Calculation. The CEMS shall calculate
every minute an hourly rolling average, which is the arithmetic mean of
the 60 most recent 1-minute average values.
2.1.4.10 Retest. If the CEMS produces results within the specified
criteria, the test is successful. If the CEMS does not meet one or more
of the criteria, the necessary corrections must be made and the
performance tests repeated.
2.1.5 Test Periods
2.1.5.1 Pretest Preparation Period. Install the CEMS, prepare the
PTM test site according to the specifications in section 2.1.3, and
prepare the CEMS for operation and calibration according to the
manufacturer's written instructions. A pretest conditioning period
similar to that of the 7-day CD test is recommended to verify the
operational status of the CEMS.
2.1.5.2 Calibration Drift Test Period. While the facility is
operating under normal conditions, determine the CD at 24-hour intervals
for seven consecutive days according to the procedure given in section
2.1.6.1. All CD determinations must be made following a 24-hour period
during which no unscheduled maintenance, repair, or adjustment takes
place. If the combustion unit is taken out of service during the test
period, record the onset and duration of the downtime and continue the
calibration drift test when the unit resumes operation.
2.1.5.3 Relative Accuracy Test Period. Conduct the RA test according
to the procedure in section 2.1.6.4 while the facility is operating
under normal conditions. RA testing for CO and O2 shall be
conducted simultaneously so that the results can be calculated for CO
corrected to 7 percent O2. The RA test shall be conducted
during the CD test period. It is emphasized that during the CD test
period, no adjustments or repairs may be made to the CEMS other than
routine calibration adjustments performed immediately following the
daily CD determination.
2.1.5.4 Calibration Error Test and Response Time Test Periods.
Conduct the CE and response time tests during the CD test period.
2.1.6 Performance Specification Test Procedures
2.1.6.1 Calibration Drift Test.
2.1.6.1.1 Sampling Strategy. Conduct the CD test for all monitors at
24-hour intervals for seven consecutive days using calibration gases at
the two (or three, if applicable) concentration levels specified in
section 2.1.4.2. Introduce the calibration gases into the sampling
system as close to the sampling probe outlet as practical. The gas shall
pass through all filters, scrubbers, conditioners, and other CEMS
components used during normal sampling. If periodic automatic or manual
adjustments are made to the CEMS zero and calibration settings, conduct
the CD test immediately before these adjustments, or conduct it in such
a way that the CD can be determined. Record the CEMS response and
subtract this value from the reference (calibration gas) value. To meet
the specification, none of the differences shall exceed the limits
specified in Table 2.1-1.
2.1.6.1.2 Calculations. Summarize the results on a data sheet. An
example is shown in Figure 2.1-1. Calculate the differences between the
CEMS responses and the reference values.
2.1.6.2 Response Time. Check the entire CEMS including sample
extraction and transport, sample conditioning, gas analyses, and the
data recording.
2.1.6.2.1 Introduce zero gas into the system. For extractive
systems, introduce the calibration gases at the probe as near to the
sample location as possible. For in-situ system, introduce the zero gas
at a point such that all components active in the analysis are tested.
When the system output has stabilized (no change greater than 1 percent
of full scale for 30 seconds), switch to monitor stack effluent and wait
for a stable value. Record the time (upscale response time) required to
reach 95 percent of the final stable value.
2.1.6.2.2 Next, introduce a high-level calibration gas and repeat
the above procedure. Repeat the entire procedure three times and
determine the mean upscale and downscale response times. The longer of
the two means is the system response time.
2.1.6.3 Calibration Error Test Procedure.
2.1.6.3.1 Sampling Strategy. Challenge each monitor (both low- and
high-range CO
[[Page 89]]
and O2) with zero gas and EPA Protocol 1 cylinder gases at
three measurement points within the ranges specified in Table 2.1-3.
Table 2.1-3--Calibration Error Concentration Ranges for Tier I
------------------------------------------------------------------------
GAS Concentration Ranges
-----------------------------
CO, ppm
Measurement point --------------------
Low O2,
range High range percent
\1\
------------------------------------------------------------------------
1......................................... 0-40 0-600 0-2
2......................................... 60-80 900-1200 8-10
3......................................... 140-16 2100-2400 14-16
0
------------------------------------------------------------------------
\1\ For Tier II, the CE specifications for the low-range CO CEMS are 0-
20%, 30-40%, and 70-80% of twice the permit limit.
[GRAPHIC] [TIFF OMITTED] TC06NO91.005
Figure 2.1-1 Calibration Drift Determination
2.1.6.3.1.1 If a single measurement range is used, the calibration
gases used in the daily CD checks (if they are Protocol 1 cylinder gases
and meet the criteria in section 2.1.6.3.1) may be used for determining
CE.
2.1.6.3.1.2 Operate each monitor in its normal sampling mode as
nearly as possible. The calibration gas shall be injected into the
sample system as close to the sampling probe outlet as practical and
should pass
[[Page 90]]
through all CEMS components used during normal sampling. Challenge the
CEMS three non-consecutive times at each measurement point and record
the responses. The duration of each gas injection should be sufficient
to ensure that the CEMS surfaces are conditioned.
2.1.6.3.2 Calculations. Summarize the results on a data sheet. An
example data sheet is shown in Figure 2.1-2. Average the differences
between the instrument response and the certified cylinder gas value for
each gas. Calculate three CE results (five CE results for a single-range
CO CEMS) according to Equation 5 (section 2.1.7.5). No confidence
coefficient is used in CE calculations.
2.1.6.4 Relative Accuracy Test Procedure.
2.1.6.4.1 Sampling Strategy for PTM tests. Conduct the PTM tests in
such a way that they will yield measurements representative of the
emissions from the source and can be correlated to the CEMS data.
Although it is preferable to conduct the CO, diluent, and moisture (if
needed) simultaneously, moisture measurements that are taken within a
60-minute period which includes the simultaneous CO and O2
measurements may be used to calculate the dry CO concentration.
Note: At times, CEMS RA tests may be conducted during incinerator
performance tests. In these cases, PTM results obtained during CEMS RA
tests may be used to determine compliance with incinerator emissions
limits as long as the source and test conditions are consistent with the
applicable regulations.
[GRAPHIC] [TIFF OMITTED] TC06NO91.006
Figure 2.1-2 Calibration Error Determination
[[Page 91]]
2.1.6.4.2 Performance Test Methods.
2.1.6.4.2.1 Unless otherwise specified in the regulations, method 3
or 3A and method 10, 10A, or 10B (40 CFR part 60, appendix A) are the
test methods for O2 and CO, respectively. Make a sample
traverse of at least 21 minutes, sampling for 7 minutes at each of three
traverse points (see section 3.2).
2.1.6.4.2.2 When the installed CEMS uses a nondispersive infrared
(NDIR) analyzer, method 10 shall use the alternative interference trap
specified in section 10.1 of the method. An option, which may be
approved by the Administrator in certain cases, would allow the test to
be conducted using method 10 without the interference trap. Under this
option, a laboratory interference test is performed for the analyzer
prior to the field test. The laboratory interference test includes the
analysis of SO2, NO, and CO2 calibration gases
over the range of expected effluent concentrations. Acceptable
performance is indicated if the CO analyzer response to each of the
gases is less than 1 percent of the applicable measurement range of the
analyzer.
2.1.6.4.3 Number of PTM Tests. Conduct a minimum of nine sets of all
necessary PTM tests. If more than nine sets are conducted, a maximum of
three sets may be rejected at the tester's discretion. The total number
of sets used to determine the RA must be greater than or equal to nine.
All data, including the rejected data, must be reported.
2.1.6.4.4 Correlation of PTM and CEMS Data. The time and duration of
each PTM test run and the CEMS response time should be considered in
correlating the data. Use the CEMS final output (the one used for
reporting) to determine an integrated average CO concentration for each
PTM test run. Confirm that the pair of results are on a consistent
moisture and O2 concentration basis. Each integrated CEMS
value should then be compared against the corresponding average PTM
value. If the CO concentration measured by the CEMS is normalized to a
specified diluent concentration, the PTM results shall be normalized to
the same value.
2.1.6.4.5 Calculations. Summarize the results on a data sheet.
Calculate the mean of the PTM values and calculate the arithmetic
differences between the PTM and the CEMS data sets. The mean of the
differences, standard deviation, confidence coefficient, and CEMS RA
should be calculated using Equations 1 through 4.
2.1.7 Equations
2.1.7.1 Arithmetic Mean (d). Calculate d of the difference of a data
set using Equation 1.
[GRAPHIC] [TIFF OMITTED] TC06NO91.007
where:
n = Number of data points.
[GRAPHIC] [TIFF OMITTED] TC06NO91.025
When the mean of the differences of pairs of data is calculated,
correct the data for moisture, if applicable.
2.1.7.2 Standard Deviation (Sd). Calculate Sd
using Equation 2.
[GRAPHIC] [TIFF OMITTED] TC06NO91.008
2.1.7.3 Confidence Coefficient (CC). Calculate the 2.5 percent error
CC (one-tailed) using Equation 3.
[GRAPHIC] [TIFF OMITTED] TC06NO91.009
where:
t0.975 = t-value (see Table 2.1-4).
Table 2.1-4--t-Values
------------------------------------------------------------------------
n n
n \a\ t0.975 \a\ t0.975 \a\ t0.975
------------------------------------------------------------------------
2.................................. 12.706 7 2.447 12 2.201
3.................................. 4.303 8 2.365 13 2.179
4.................................. 3.182 9 2.306 14 2.160
5.................................. 2.776 10 2.662 15 2.145
6.................................. 2.571 11 2.228 16 2.131
------------------------------------------------------------------------
\a\ The values in this table are already corrected for n-1 degrees of
freedom. Use n equal to the number of individual values.
2.1.7.4 Relative Accuracy. Calculate the RA of a set of data using
Equation 4.
[GRAPHIC] [TIFF OMITTED] TC06NO91.010
where:
[verbar] d[verbar] = Absolute value of the mean of the differences
(Equation 1).
[verbar] CC[verbar] = Absolute value of the confidence coefficient
(Equation 3).
PTM = Average reference value.
2.1.7.5 Calibration Error. Calculate CE using Equation 5.
[GRAPHIC] [TIFF OMITTED] TC06NO91.011
where:
d = Mean difference between CEMS response and the known reference
concentration.
[[Page 92]]
2.1.8 Reporting
At a minimum, summarize in tabular form the results of the CD, RA,
response time, and CE test, as appropriate. Include all data sheets,
calculations, CEMS data records, and cylinder gas or reference material
certifications.
2.1.9 Alternative Procedure
2.1.9.1 Alternative RA Procedure Rationale. Under some operating
conditions, it may not be possible to obtain meaningful results using
the RA test procedure. This includes conditions where consistent, very
low CO emissions or low CO emissions interrupted periodically by short
duration, high level spikes are observed. It may be appropriate in these
circumstances to waive the PTM RA test and substitute the following
procedure.
2.1.9.2 Alternative RA Procedure. Conduct a complete CEMS status
check following the manufacturer's written instructions. The check
should include operation of the light source, signal receiver, timing
mechanism functions, data acquisition and data reduction functions, data
recorders, mechanically operated functions (mirror movements,
calibration gas valve operations, etc.), sample filters, sample line
heaters, moisture traps, and other related functions of the CEMS, as
applicable. All parts of the CEMS must be functioning properly before
the RA requirement can be waived. The instruments must also have
successfully passed the CE and CD requirements of the performance
specifications. Substitution of the alternative procedure requires
approval of the Regional Administrator.
2.1.10 Quality Assurance (QA)
Proper calibration, maintenance, and operation of the CEMS is the
responsibility of the owner or operator. The owner or operator must
establish a QA program to evaluate and monitor CEMS performance. As a
minimum, the QA program must include:
2.1.10.1 A daily calibration check for each monitor. The calibration
must be adjusted if the check indicates the instrument's CD exceeds the
specification established in section 2.1.4.5. The gases shall be
injected as close to the probe as possible to provide a check of the
entire sampling system. If an alternative calibration procedure is
desired (e.g., direct injections or gas cells), subject to Administrator
approval, the adequacy of this alternative procedure may be demonstrated
during the initial 7-day CD test. Periodic comparisons of the two
procedures are suggested.
2.1.10.2 A daily system audit. The audit must include a review of
the calibration check data, an inspection of the recording system, an
inspection of the control panel warning lights, and an inspection of the
sample transport and interface system (e.g., flowmeters, filters), as
appropriate.
2.1.10.3 A quarterly calibration error (CE) test. Quarterly RA tests
may be substituted for the CE test when approved by the Director on a
case-by-case basis.
2.1.10.4 An annual performance specification test.
2.1.11 References
1. Jahnke, James A. and G.J. Aldina, ``Handbook: Continuous Air
Pollution Source Monitoring Systems,'' U.S. Environmental Protection
Agency Technology Transfer, Cincinnati, Ohio 45268, EPA-625/6-79-005,
June 1979.
2. ``Gaseous Continuous Emissions Monitoring Systems-Performance
Specification Guidelines for SO2, NOX,
CO2, O2, and TRS.'' U.S. Environmental Protection
Agency OAQPS, ESED, Research Triangle Park, North Carolina 27711, EPA-
450/3-82-026, October 1982.
3. ``Quality Assurance Handbook for Air Pollution Measurement
Systems: Volume I. Principles.'' U.S. Environmental Protection Agency
ORD/EMSL, Research Triangle Park, North Carolina, 27711, EPA-600/9-76-
006, December 1984.
4. Michie, Raymond, M. Jr., et. al., ``Performance Test Results and
Comparative Data for Designated Reference Methods for Carbon Monoxide,''
U.S. Environmental Protection Agency ORD/EMSL, Research Triangle Park,
North Carolina, 27711, EPA-600/S4-83-013, September 1982.
5. Ferguson, B.B., R.E. Lester, and W.J. Mitchell, ``Field
Evaluation of Carbon Monoxide and Hydrogen Sulfide Continuous Emission
Monitors at an Oil Refinery,'' U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina, 27711, EPA-600/4-82-054, August
1982.
2.2 Performance Specifications for Continuous Emission Monitoring of
Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning
Hazardous Waste
2.2.1 Applicability and Principle
2.2.1.1 Applicability. These performance specifications apply to
hydrocarbon (HC) continuous emission monitoring systems (CEMSs)
installed on incinerators, boilers, and industrial furnaces burning
hazardous waste. The specifications include procedures which are
intended to be used to evaluate the acceptability of the CEMS at the
time of its installation or whenever specified in regulations or
permits. The procedures are not designed to evaluate CEMS performance
over an extended period of time. The source owner or operator is
responsible for the proper calibration, maintenance, and operation of
the CEMS at all times.
2.2.1.2 Principle. A gas sample is extracted from the source through
a heated sample line and heated filter (except as provided by section
2.2.10) to a flame ionization
[[Page 93]]
detector (FID). Results are reported as volume concentration equivalents
of propane. Installation and measurement location specifications,
performance and equipment specifications, test and data reduction
procedures, and brief quality assurance guidelines are included in the
specifications. Calibration drift, calibration error, and response time
tests are conducted to determine conformance of the CEMS with the
specifications.
2.2.2 Definitions
2.2.2.1 Continuous Emission Monitoring System (CEMS). The total
equipment used to acquire data, which includes sample extraction and
transport hardware, analyzer, data recording and processing hardware,
and software. The system consists of the following major subsystems:
2.2.2.1.1 Sample Interface. That portion of the system that is used
for one or more of the following: Sample acquisition, sample
transportation, sample conditioning, or protection of the analyzer from
the effects of the stack effluent.
2.2.2.1.2 Organic Analyzer. That portion of the system that senses
organic concentration and generates an output proportional to the gas
concentration.
2.2.2.1.3 Data Recorder. That portion of the system that records a
permanent record of the measurement values. The data recorder may
include automatic data reduction capabilities.
2.2.2.2 Instrument Measurement Range. The difference between the
minimum and maximum concentration that can be measured by a specific
instrument. The minimum is often stated or assumed to be zero and the
range expressed only as the maximum.
2.2.2.3 Span or Span Value. Full scale instrument measurement range.
2.2.2.4 Calibration Gas. A known concentration of a gas in an
appropriate diluent gas.
2.2.2.5 Calibration Drift (CD). The difference in the CEMS output
readings from the established reference value after a stated period of
operation during which no unscheduled maintenance, repair, or adjustment
takes place. A CD test is performed to demonstrate the stability of the
CEMS calibration over time.
2.2.2.6 Response Time. The time interval between the start of a step
change in the system input (e.g., change of calibration gas) and the
time when the data recorder displays 95 percent of the final value.
2.2.2.7 Accuracy. A measurement of agreement between a measured
value and an accepted or true value, expressed as the percentage
difference between the true and measured values relative to the true
value. For these performance specifications, accuracy is checked by
conducting a calibration error (CE) test.
2.2.2.8 Calibration Error (CE). The difference between the
concentration indicated by the CEMS and the known concentration of the
cylinder gas. A CE test procedure is performed to document the accuracy
and linearity of the monitoring equipment over the entire measurement
range.
2.2.2.9 Performance Specification Test (PST) Period. The period
during which CD, CE, and response time tests are conducted.
2.2.2.10 Centroidal Area. A concentric area that is geometrically
similar to the stack or duct cross section and is no greater than 1
percent of the stack or duct cross-sectional area.
2.2.3 Installation and Measurement Location Specifications
2.2.3.1 CEMS Installation and Measurement Locations. The CEMS shall
be installed in a location in which measurements representative of the
source's emissions can be obtained. The optimum location of the sample
interface for the CEMS is determined by a number of factors, including
ease of access for calibration and maintenance, the degree to which
sample conditioning will be required, the degree to which it represents
total emissions, and the degree to which it represents the combustion
situation in the firebox. The location should be as free from in-leakage
influences as possible and reasonably free from severe flow
disturbances. The sample location should be at least two equivalent duct
diameters downstream from the nearest control device, point of pollutant
generation, or other point at which a change in the pollutant
concentration or emission rate occurs and at least 0.5 diameter upstream
from the exhaust or control device. The equivalent duct diameter is
calculated as per 40 CFR part 60, appendix A, method 1, section 2.1. If
these criteria are not achievable or if the location is otherwise less
than optimum, the possibility of stratification should be investigated
as described in section 2.2.3.2. The measurement point shall be within
the centroidal area of the stack or duct cross section.
2.2.3.2 Stratification Test Procedure. Stratification is defined as
a difference in excess of 10 percent between the average concentration
in the duct or stack and the concentration at any point more than 1.0
meter from the duct or stack wall. To determine whether effluent
stratification exists, a dual probe system should be used to determine
the average effluent concentration while measurements at each traverse
point are being made. One probe, located at the stack or duct centroid,
is used as a stationary reference point to indicate the change in
effluent concentration over time. The second probe is used for sampling
at the traverse points specified in 40 CFR part 60 appendix A, method 1.
The monitoring system samples sequentially at the reference and traverse
[[Page 94]]
points throughout the testing period for five minutes at each point.
2.2.4 CEMS Performance and Equipment Specifications
If this method is applied in highly explosive areas, caution and
care shall be exercised in choice of equipment and installation.
2.2.4.1 Flame Ionization Detector (FID) Analyzer. A heated FID
analyzer capable of meeting or exceeding the requirements of these
specifications. Heated systems shall maintain the temperature of the
sample gas between 150 [deg]C (300 [deg]F) and 175 [deg]C (350 [deg]F)
throughout the system. This requires all system components such as the
probe, calibration valve, filter, sample lines, pump, and the FID to be
kept heated at all times such that no moisture is condensed out of the
system.
Note: As specified in the regulations, unheated HC CEMs may be
considered an acceptable interim alternative monitoring technique. For
additional notes, see section 2.2.10. The essential components of the
measurement system are described below:
2.2.4.1.1 Sample Probe. Stainless steel, or equivalent, to collect a
gas sample from the centroidal area of the stack cross-section.
2.2.4.1.2 Sample Line. Stainless steel or Teflon tubing to transport
the sample to the analyzer.
Note: Mention of trade names or specific products does not
constitute endorsement by the Environmental Protection Agency.
2.2.4.1.3 Calibration Valve Assembly. A heated three-way valve
assembly to direct the zero and calibration gases to the analyzer is
recommended. Other methods, such as quick-connect lines, to route
calibration gas to the analyzers are applicable.
2.2.4.1.4 Particulate Filter. An in-stack or out-of-stack sintered
stainless steel filter is recommended if exhaust gas particulate loading
is significant. An out-of-stack filter must be heated.
2.2.4.1.5 Fuel. The fuel specified by the manufacturer (e.g., 40
percent hydrogen/60 percent helium, 40 percent hydrogen/60 percent
nitrogen gas mixtures, or pure hydrogen) should be used.
2.2.4.1.6 Zero Gas. High purity air with less than 0.1 parts per
million by volume (ppm) HC as methane or carbon equivalent or less than
0.1 percent of the span value, whichever is greater.
2.2.4.1.7 Calibration Gases. Appropriate concentrations of propane
gas (in air or nitrogen). Preparation of the calibration gases should be
done according to the procedures in EPA Protocol 1. In addition, the
manufacturer of the cylinder gas should provide a recommended shelf life
for each calibration gas cylinder over which the concentration does not
change by more than 2 percent from the certified
value.
2.2.4.2 CEMS Span Value. 100 ppm propane.
2.2.4.3 Daily Calibration Gas Values. The owner or operator must
choose calibration gas concentrations that include zero and high-level
calibration values.
2.2.4.3.1 The zero level may be between 0 and 20 ppm (zero and 20
percent of the span value).
2.2.4.3.2 The high-level concentration shall be between 50 and 90
ppm (50 and 90 percent of the span value).
2.2.4.4 Data Recorder Scale. The strip chart recorder, computer, or
digital recorder must be capable of recording all readings within the
CEMS's measurement range and shall have a resolution of 0.5 ppm (0.5
percent of span value).
2.2.4.5 Response Time. The response time for the CEMS must not
exceed 2 minutes to achieve 95 percent of the final stable value.
2.2.4.6 Calibration Drift. The CEMS must allow the determination of
CD at the zero and high-level values. The CEMS calibration response must
not differ by more than 3 ppm (3 percent of the span value) after each 24-hour period
of the 7-day test at both zero and high levels.
2.2.4.7 Calibration Error. The mean difference between the CEMS and
reference values at all three test points listed below shall be no
greater than 5 ppm (5 percent of the span value).
2.2.4.7.1 Zero Level. Zero to 20 ppm (0 to 20 percent of span
value).
2.2.4.7.2 Mid-Level. 30 to 40 ppm (30 to 40 percent of span value).
2.2.4.7.3 High-Level. 70 to 80 ppm (70 to 80 percent of span value).
2.2.4.8 Measurement and Recording Frequency. The sample to be
analyzed shall pass through the measurement section of the analyzer
without interruption. The detector shall measure the sample
concentration at least once every 15 seconds. An average emission rate
shall be computed and recorded at least once every 60 seconds.
2.2.4.9 Hourly Rolling Average Calculation. The CEMS shall calculate
every minute an hourly rolling average, which is the arithmetic mean of
the 60 most recent 1-minute average values.
2.2.4.10 Retest. If the CEMS produces results within the specified
criteria, the test is successful. If the CEMS does not meet one or more
of the criteria, necessary corrections must be made and the performance
tests repeated.
2.2.5 Performance Specification Test (PST) Periods
2.2.5.1 Pretest Preparation Period. Install the CEMS, prepare the
PTM test site according to the specifications in section 2.2.3, and
[[Page 95]]
prepare the CEMS for operation and calibration according to the
manufacturer's written instructions. A pretest conditioning period
similar to that of the 7-day CD test is recommended to verify the
operational status of the CEMS.
2.2.5.2 Calibration Drift Test Period. While the facility is
operating under normal conditions, determine the magnitude of the CD at
24-hour intervals for seven consecutive days according to the procedure
given in section 2.2.6.1. All CD determinations must be made following a
24-hour period during which no unscheduled maintenance, repair, or
adjustment takes place. If the combustion unit is taken out of service
during the test period, record the onset and duration of the downtime
and continue the CD test when the unit resumes operation.
2.2.5.3 Calibration Error Test and Response Time Test Periods.
Conduct the CE and response time tests during the CD test period.
2.2.6 Performance Specification Test Procedures
2.2.6.1 Calibration Drift Test.
2.2.6.1.1 Sampling Strategy. Conduct the CD test at 24-hour
intervals for seven consecutive days using calibration gases at the two
daily concentration levels specified in section 2.2.4.3. Introduce the
two calibration gases into the sampling system as close to the sampling
probe outlet as practical. The gas shall pass through all CEM components
used during normal sampling. If periodic automatic or manual adjustments
are made to the CEMS zero and calibration settings, conduct the CD test
immediately before these adjustments, or conduct it in such a way that
the CD can be determined. Record the CEMS response and subtract this
value from the reference (calibration gas) value. To meet the
specification, none of the differences shall exceed 3 ppm.
2.2.6.1.2 Calculations. Summarize the results on a data sheet. An
example is shown in Figure 2.2-1. Calculate the differences between the
CEMS responses and the reference values.
2.2.6.2 Response Time. The entire system including sample extraction
and transport, sample conditioning, gas analyses, and the data recording
is checked with this procedure.
2.2.6.2.1 Introduce the calibration gases at the probe as near to
the sample location as possible. Introduce the zero gas into the system.
When the system output has stabilized (no change greater than 1 percent
of full scale for 30 sec), switch to monitor stack effluent and wait for
a stable value. Record the time (upscale response time) required to
reach 95 percent of the final stable value.
2.2.6.2.2 Next, introduce a high-level calibration gas and repeat
the above procedure. Repeat the entire procedure three times and
determine the mean upscale and downscale response times. The longer of
the two means is the system response time.
2.2.6.3 Calibration Error Test Procedure.
2.2.6.3.1 Sampling Strategy. Challenge the CEMS with zero gas and
EPA Protocol 1 cylinder gases at measurement points within the ranges
specified in section 2.2.4.7.
2.2.6.3.1.1 The daily calibration gases, if Protocol 1, may be used
for this test.
[[Page 96]]
[GRAPHIC] [TIFF OMITTED] TC01AU92.013
[[Page 97]]
[GRAPHIC] [TIFF OMITTED] TC01AU92.014
[[Page 98]]
[GRAPHIC] [TIFF OMITTED] TC01AU92.015
2.2.9 Quality Assurance (QA)
Proper calibration, maintenance, and operation of the CEMS is the
responsibility of the owner or operator. The owner or operator must
establish a QA program to evaluate and monitor CEMS performance. As a
minimum, the QA program must include:
2.2.9.1 A daily calibration check for each monitor. The calibration
must be adjusted if the check indicates the instrument's CD exceeds 3
ppm. The gases shall be injected as close to the probe as possible to
provide a check of the entire sampling system. If an alternative
calibration procedure is desired (e.g., direct injections or gas cells),
subject to Administrator approval, the adequacy of this alternative
procedure may be demonstrated during the initial 7-day CD test. Periodic
comparisons of the two procedures are suggested.
2.2.9.2 A daily system audit. The audit must include a review of the
calibration
[[Page 99]]
check data, an inspection of the recording system, an inspection of the
control panel warning lights, and an inspection of the sample transport
and interface system (e.g., flowmeters, filters), as appropriate.
2.2.9.3 A quarterly CE test. Quarterly RA tests may be substituted
for the CE test when approved by the Director on a case-by-case basis.
2.2.9.4 An annual performance specification test.
2.2.10 Alternative Measurement Technique
The regulations allow gas conditioning systems to be used in
conjunction with unheated HC CEMs during an interim period. This gas
conditioning may include cooling to not less than 40 [deg]F and the use
of condensate traps to reduce the moisture content of sample gas
entering the FID to less than 2 percent. The gas conditioning system,
however, must not allow the sample gas to bubble through the condensate
as this would remove water soluble organic compounds. All components
upstream of the conditioning system should be heated as described in
section 2.2.4 to minimize operating and maintenance problems.
2.2.11 References
1. Measurement of Volatile Organic Compounds-Guideline Series. U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina,
27711, EPA-450/2-78-041, June 1978.
2. Traceability Protocol for Establishing True Concentrations of
Gases Used for Calibration and Audits of Continuous Source Emission
Monitors (Protocol No. 1). U.S. Environmental Protection Agency ORD/
EMSL, Research Triangle Park, North Carolina, 27711, June 1978.
3. Gasoline Vapor Emission Laboratory Evaluation-Part 2. U.S.
Environmental Protection Agency, OAQPS, Research Triangle Park, North
Carolina, 27711, EMB Report No. 76-GAS-6, August 1975.
Section 3.0 Sampling and Analytical Methods
Note: The sampling and analytical methods to the BIF manual are
published in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846.
Section 4.0 Procedure for Estimating the Toxicity Equivalence of
Chlorinated Dibenzo-P-Dioxin and Dibenzofuran Congeners
PCDDs and PCDFs must be determined using whichever is the most
recent version between of SW-846 Method 0023A (incorporated by
reference, in Sec. 260.11) as identified, or OAQPS Method 23 of
appendix A to part 60. In this method, individual congeners or
homologues \1\ are measured and then summed to yield a total PCDD/PCDF
value. No toxicity factors are specified in the method to compute risks
from such emissions.
---------------------------------------------------------------------------
\1\ The term ``congener'' refers to any one particular member of the
same chemical family; e.g., there are 75 congeners of chlorinated
dibenzo-p-dioxins. The term ``homologue'' refers to a group of
structurally related chemicals that have the same degree of
chlorination. For example, there are eight homologues of CDs,
monochlorinated through octachlorinated. Dibenzo-p-dioxins and
dibenzofurans that are chlorinated at the 2,3,7, and 8 positions are
denoted as ``2378'' congeners, except when 2,3,7,8-TCDD is uniquely
referred to: e.g., 1,2,3,7,8-PeCDF and 2,3,4,7,8-PeCDF are both referred
to as ``2378-PeCDFs.''
---------------------------------------------------------------------------
For the purpose of estimating risks posed by emissions from boilers
and industrial furnaces, however, specific congeners and homologues must
be measured using the specified method and then multiplied by the
assigned toxicity equivalence factors (TEFs), using procedures described
in ``Interim Procedures for Estimating Risks Associated with Exposures
to Mixtures of Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (CDDs and
CDFs) and 1989 Update,'' EPA/625/3-89/016, March 1989. The resulting
2,3,7,8-TCDD equivalents value is used in the subsequent risk
calculations and modeling efforts as discussed in the BIF final rule.
The procedure for calculating the 2,3,7,8-TCDD equivalent is as
follows:
1. Using method 23, determine the concentrations of 2,7,3,8-
congeners of various PCDDs and PCDFs in the sample.
2. Multiply the congener concentrations in the sample by the TEF
listed in Table 4.0-1 to express the congener concentrations in terms of
2,3,7,8-TCDD equivalent. Note that congeners not chlorinated at 2,3,7,
and 8 positions have a zero toxicity factor in this table.
3. Add the products obtained in step 2, to obtain the total 2,3,7,8-
TCDD equivalent in the sample.
Sample calculations are provided in EPA document No. EPA/625/3-89/
016, March 1989, which can be obtained from the EPA, ORD Publications
Office, Cincinnati, Ohio (Phone no. 513-569-7562).
Table 4.0-1--2,3,7,8-TCDD Toxicity Equivalence Factors (TEFs) \1\
------------------------------------------------------------------------
Compound I-TEFs, 89
------------------------------------------------------------------------
Mono-, Di-, and TriCDDs..................................... 0
2,3,7,8-TCDD................................................ 1
Other TCDDs............................................... 0
2,3,7,8-PeCDD............................................... 0.5
Other PeCDDs.............................................. 0
2,3,7,8-HxCDD............................................... 0.1
Other HxCDDs.............................................. 0
[[Page 100]]
2,3,7,8-HpCDD............................................... 0.01
Other HpCDDs.............................................. 0
OCDD........................................................ 0.001
Mono-, Di-, and TriCDFs..................................... 0
2,3,7,8-TCDF................................................ 0.1
Other TCDFs............................................... 0
1,2,3,7,8-PeCDF............................................. 0.05
2,3,4,7,8-PeCDF............................................. 0.5
Other PeCDFs.............................................. 0
2378-HxCDFs................................................. 0.1
Other HxCDFs.............................................. 0
2378-HpCDFs................................................. 0.01
Other HpCDFs.............................................. 0
OCDF........................................................ 0.001
------------------------------------------------------------------------
Reference: Adapted from NATO/CCMS, 1988a.
\1\ Interim Procedures for Estimating Risks Associated with Exposures to
Mixtures of Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (CDDs and
CDFs) 1989 Update EPA/625/3-89/016, March 1989.
Section 5.0 Hazardous Waste Combustion Air Quality Screening Procedure
The HWCAQSP is a combined calculation/reference table approach for
conservatively estimating short-term and annual average facility impacts
for stack emissions. The procedure is based on extensive short-term
modeling of 11 generic source types and on a set of adjustment factors
for estimating annual average concentrations from short-term
concentrations. Facility impacts may be determined based on the selected
worst-case stack or on multiple stacks, in which the impacts from each
stack are estimated separately and then added to produce the total
facility impact.
This procedure is most useful for facilities with multiple stacks,
large source-to-property boundary distances, and complex terrain between
1 and 5 km from the facility. To ensure a sufficient degree of
conservatism, the HWCAQSP may not be used if any of the five screening
procedure limitations listed below are true:
The facility is located in a narrow valley less
than 1 km wide;
The facility has a stack taller than 20 m and is
located such that the terrain rises to the stack height within 1 km of
the facility;
The facility has a stack taller than 20 m and is
located within 5 km of the shoreline of a large body of water;
The facility property line is within 200 m of the
stack and the physical stack height is less than 10 m; or
On-site receptors are of concern, and stack
height is less than 10 m.
If any of these criteria are met or the Director determines that
this procedure is not appropriate, then detailed site-specific modeling
or modeling using the ``Screening Procedures for Estimating the Air
Quality Impact of Stationary Sources,'' EPA-450/4-88-010, Office of Air
Quality Planning and Standards, August 1988, is required. Detailed site-
specific dispersion modeling must conform to the EPA ``Guidance on Air
Quality Models (Revised)'', EPA 450/2-78-027R, Office of Air Quality
Planning and Standards, Research Triangle Park, North Carolina, July
1986. This document provides guidance on both the proper selection and
regulatory application of air quality models.
Introduction
The Hazardous Waste Combustion Air Quality Screening Procedure
(HWCAQSP) (also referred to hereafter as ``the screening procedure'' or
``the procedure'') provides a quick, easy method for estimating maximum
(hourly) and annual average ambient air impacts associated with the
combustion of hazardous waste. The methodology is conservative in nature
and estimates dispersion coefficients \1\ based on facility-specific
information.
---------------------------------------------------------------------------
\1\ The term dispersion coefficient refers to the change in ambient
air concentration ([micro]g/m\3\) resulting from a source with an
emission rate of 1 g/sec.
---------------------------------------------------------------------------
The screening procedure can be used to determine emissions limits at
sites where the nearest meteorological (STAR) station is not
representative of the meteorology at the site. If the screen shows that
emissions from the site are adequately protective, then the need to
collect site-specific meteorological data can be eliminated.
The screening procedure is generally most helpful for facilities
meeting one or more of the following conditions:
Multiple stacks with substantially different
release specifications (e.g., stack heights differ by 50
percent, exit temperatures differ by 50 [deg]K, or the exit
flow rates differ by more than a factor of 2),
Terrain located between 1 km and 5 km from the
site increases in elevation by more than the physical height of the
shortest stack (i.e., the facility is located in complex terrain), or
Significant distance between the facility's
stacks and the site boundary [guidance on determining whether a distance
is ``significant'' is provided in Step 6(B) of the procedure].
Steps 1 through 9 of the screening procedure present a simplified
method for determining emissions based on the use of the ``worst-case''
stack. If the simplified method shows that desired feed rates result in
emissions that exceed allowable limits for one or more pollutants, a
refined analysis to examine the emissions from each stack can be
conducted. This multiple-stack method is presented in Step 10.
The steps involved in screening methodology are as follows:
Step 1. Define Source Characteristics
[[Page 101]]
Step 2. Determine the Applicability of the Screening Procedure
Step 3. Select the Worst-Case Stack
Step 4. Verify Good Engineering Practice (GEP) Criteria
Step 5. Determine the Effective Stack Height and Terrain-Adjusted
Effective Stack Height
Step 6. Classify the Site as Urban or Rural
Step 7. Determine Maximum Dispersion Coefficients
Step 8. Estimate Maximum Ambient Air Concentrations
Step 9. Determine Compliance With Regulatory Limits
---------------------------------------------------------------------------
\2\ Worksheet space is provided for three stacks. If the facility
has additional stacks, copy the form and revise stack identification
numbers for 4, 5, etc.
---------------------------------------------------------------------------
Step 10. Multiple Stack Method
Step 1: Define Source Characteristics
Provide the following source data: \2\
------------------------------------------------------------------------
Stack No. Stack No. Stack No.
Stack Data: 1 2 3
------------------------------------------------------------------------
Physical stack height (m)........... ____ ____ ____
Exhaust temperature ([deg]K)........ ____ ____ ____
Flow rate (m\3\/sec)................ ____ ____ ____
------------------------------------------------------------------------
Nearby Building Dimensions
Consider all buildings within five building heights or five maximum
projected widths of the stack(s). For the building with the greatest
height, fill in the spaces below.
Building Height (m)_____________________________________________________
Maximum projected building width (m)____________________________________
Nearby Terrain Data
Determine maximum terrain rise for the following three distance
ranges from the facility (not required if the highest stack is less than
10 m in height):
____(m) ____(m) ____(m)
0-0.5 km 0-2.5 km 0-5 km
Distance from facility to nearest shoreline (km)________________________
Valley width (km)_______________________________________________________
Step 2: Determine the Applicability of the Screening Procedure
Fill in the following data:
Is the facility in a valley If the physical height of the worst-case stack
exceeds the maximum GEP, then use the maximum GEP stack height for the
subsequent steps of this analysis;
If the physical height of the worst-case stack is
less than the minimum GEP, then use generic source number 11 as the
selected source for further analysis and proceed directly to Step 6;
If the physical height of the worst-case stack is
between the minimum and maximum GEP, then use the actual physical stack
height for the subsequent steps of this analysis.
Step 5: Determine the Effective Stack Height and the Terrain-Adjusted
Effective Stack Height (TAESH)
The effective stack height is an important factor in dispersion
modeling. The effective stack height is the physical height of the stack
plus plume rise. As specified in Step 4, the stack height used to
estimate the effective stack height must not exceed GEP requirements.
Plume rise is a function of the stack exit gas temperature and flow
rate.
In this analysis, the effective stack height is used to select the
generic source that represents the dispersion characteristics of the
facility. For facilities located in flat terrain and for all facilities
with worst-case stacks less than or equal to 10 meters in height,
generic source numbers are selected strictly on the basis of effective
stack height. In all other cases, the effective stack height is further
adjusted to take into account the terrain rise near the facility. This
``terrain-adjusted effective stack height'' (TAESH) is then used to
select the generic source number that represents the dispersion
characteristics of the facility. Follow the steps below to identify the
effective stack height, the TAESH (where applicable), and the
corresponding generic source number.
(A) Go to Table 5.0-1 and find the plume rise value corresponding to
the stack temperature and exit flow rate for the worst-case stack
determined in Step 3.
Plume rise=____(m)
(B) Add the plume rise to the GEP stack height of the worst-case
stack determined in Steps 3 and 4.
____ + ____ = ____
(C) Go to the first column of Table 5.0-2 and identify the range of
effective stack heights that includes the effective stack height
estimated in Step 5(B). Record the generic source number that
corresponds to this range.
Generic source number=_____
(D) If the source is located in flat terrain \3\, or if the generic
source number identified in Step 5(C) above is 1 or 11 (regardless of
terrain classification), use the generic source number determined in
Step 5(C) and proceed directly to Step 6. Otherwise, continue to Step
5(E).
---------------------------------------------------------------------------
\3\ The terrain is considered flat and terrain adjustment factors
are not used if the maximum terrain rise within 5 km of the facility
(see Step 1) is less than 10 percent of the physical stack height of the
worst-case stack.
---------------------------------------------------------------------------
(E) For those situations where the conditions in Step 5(D) do not
apply, the effective stack height must be adjusted for terrain. The
TAESH for each distance range is computed by subtracting the terrain
rise within
[[Page 103]]
the distance range from the effective stack height. \4\
---------------------------------------------------------------------------
\4\ Refer to Step 1 for terrain adjustment data. Note that the
distance from the source to the outer radii of each range is used. For
example, for the range 0.5-2.5 km, the maximum terrain rise
in the range 0.0-2.5 km is used.
Table 5.0-1--Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate and Gas Temperature
--------------------------------------------------------------------------------------------------------------------------------------------------------
Exhaust Temperature ([deg]K)
---------------------------------------------------------------------------------------------------------------------------------------------------------
Flow rate (m\3\/s) <325 325-349 350-399 400-449 450-499 500-599 600-699 700-799 800-999 1000-1499 1499
--------------------------------------------------------------------------------------------------------------------------------------------------------
<0.5........................................ 0 0 0 0 0 0 0 0 0 0 0
0.5-0.9..................................... 0 0 0 0 0 0 0 0 1 1 1
1.0-1.9..................................... 0 0 0 0 1 1 2 3 3 3 4
2.0-2.9..................................... 0 0 1 3 4 4 6 6 7 8 9
3.0-3.9..................................... 0 1 2 5 6 7 9 10 11 12 13
4.0-4.9..................................... 1 2 4 6 8 10 12 13 14 15 17
5.0-7.4..................................... 2 3 5 8 10 12 14 16 17 19 21
7.5-9.9..................................... 3 5 8 12 15 17 20 22 22 23 24
10.0-12.4................................... 4 6 10 15 19 21 23 24 25 26 27
12.5-14.9................................... 4 7 12 18 22 23 25 26 27 28 29
15.0-19.9................................... 5 8 13 20 23 24 26 27 28 29 31
20.0-24.9................................... 6 10 17 23 25 27 29 30 31 32 34
25.0-29.9................................... 7 12 20 25 27 29 31 32 33 35 36
30.0-34.9................................... 8 14 22 26 29 31 33 35 36 37 39
35.0-39.9................................... 9 16 23 28 30 32 35 36 37 39 41
40.0-49.9................................... 10 17 24 29 32 34 36 38 39 41 42
50.0-59.9................................... 12 21 26 31 34 36 39 41 42 44 46
60.0-69.9................................... 14 22 27 33 36 39 42 43 45 47 49
70.0-79.9................................... 16 23 29 35 38 41 44 46 47 49 51
80.0-89.9................................... 17 25 30 36 40 42 46 48 49 51 54
90.0-99.9................................... 19 26 31 38 42 44 48 50 51 53 56
100.0-119.9................................. 21 26 32 39 43 46 49 52 53 55 58
120.0-139.9................................. 22 28 35 42 46 49 52 55 56 59 61
140.0-159.9................................. 23 30 36 44 48 51 55 58 59 62 65
160.0-179.9................................. 25 31 38 46 50 54 58 60 62 65 67
180.0-199.9................................. 26 32 40 48 52 56 60 63 65 67 70
199.9............................ 26 33 41 49 54 58 62 65 67 69 73
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5.0-2--Selection of Generic Source Number
------------------------------------------------------------------------
Generic
Effective stack height (m) source No.
------------------------------------------------------------------------
<10.0...................................................... 1
10.0-14.9.................................................. 2
15.0-19.9.................................................. 3
20.0-24.9.................................................. 4
25.0-30.9.................................................. 5
31.0-41.9.................................................. 6
42.0-52.9.................................................. 7
53.0-64.9.................................................. 8
65.0-122.9................................................. 9
113.0 +.................................................... 10
Downwash................................................... 11
------------------------------------------------------------------------
Table 5.0-3--Classification of Land Use Types
------------------------------------------------------------------------
Urban or rural designation
Type \1\ Description \2\
------------------------------------------------------------------------
I1 Heavy Industrial......... Urban
I2 Light/Moderate Industrial Urban
Cl Commercial............... Urban
R1 Common Residential Rural
(Normal Easements).
R2 Compact Residential Urban
(Single Family).
R3 Compact Residential Rural
(Multi-Family).
R4 Estate Residential (Multi- Rural
Acre Plots).
A1 Metropolitan Natural..... Rural
A2 Agricultural............. Rural
A3 Undeveloped (Grasses/ Rural
Weeds).
A4 Undeveloped (Heavily Rural
Wooded).
A5 Water Surfaces........... Rural
------------------------------------------------------------------------
\1\ EPA, Guideline on Air Quality Models (Revised), EPA-450/2-78-027R,
Office of Air Quality Planning and Standards, Research Triangle Park,
North Carolina, July, 1986.
\2\ Auer, August H. Jr., ``Correlation of Land Use and Cover with
meteorological Anomalies,'' Journal of Applied Meteorology, pp. 636-
643, 1978.
[[Page 104]]
----------------------------------------------------------------------------------------------------------------
Effective stack--
Distance range (km) height (m) [see step - Maximum terrain--rise = TAESH(m)
5(B)] (m) (see step 1)
----------------------------------------------------------------------------------------------------------------
0.0-0.5........................... ____ - ____ = ____
0.5-2.5................ ____ - ____ = ____
2.5-5.0................ ____ - ____ = ____
----------------------------------------------------------------------------------------------------------------
If the terrain rise for any of the distance ranges is greater than
the effective stack height, set the TAESH equal to zero and use generic
source number 1 for that distance range.
Record the generic source numbers from Table 5.0-2 based on each of
the TAESH values.
------------------------------------------------------------------------
Generic source No. (after
Distance range (km) terrain adjustment)
------------------------------------------------------------------------
0.0-0.5................................ ______
0.5-2.5..................... ______
2.5-5.0..................... ______
------------------------------------------------------------------------
Step 6: Classify the Site as Urban or Rural
(A) Classify the land use near the facility as either urban or rural
by determining the percentage of urban land use types (as defined in
Table 3; for further guidance see the footnoted references) that fall
within 3 km of the facility. \5\
---------------------------------------------------------------------------
\5\ The delineation of urban and rural areas can be difficult for
the residential-type areas listed in Table 5.0-3. The degree of
resolution in Table 5.0-3 for residential areas often cannot be
identified without conducting site area inspections. This process can
require extensive analysis, which, for many applications, can be greatly
streamlined without sacrificing confidence in selecting the appropriate
urban or rural classification. The fundamental simplifying assumption is
based on the premise that many applications will have clear-cut urban/
rural designations, i.e., most will be in rural settings that can be
definitively characterized through a review of aerial photographs,
zoning maps, or U.S. Geological Survey topographical maps.
Method Used to Estimate Percent Visual Planimeter
Urban Land Use:
___ ___
Estimated Percentages.............. Urban Rural
___ ___
If the urban land use percentage is less than or equal to 30 percent
based on a visual estimate, or 50 percent based on a planimeter, the
local land use is considered rural. Otherwise, the local land use is
considered urban.
Classification..................... Urban Rural
(check applicable space)........... ___ ___
(B) Based on the TAESH and the urban/rural classification of
surrounding land use, use the following table to determine the threshold
distance between any stack and the nearest facility boundary.
------------------------------------------------------------------------
Distance (m)
Terrain adjusted effective stack height range (m) ---------------
Urban Rural
------------------------------------------------------------------------
1-9.9................................................... 200 200
10-14.9................................................. 200 250
15-19.9................................................. 200 250
20-24.9................................................. 200 350
25-30.9................................................. 200 450
31-41.9................................................. 200 550
42-52.9................................................. 250 800
53-64.9................................................. 300 1000
65-112.9................................................ 400 1200
113 +................................................... 700 2500
------------------------------------------------------------------------
Record the following information:
Threshold distance from the table
(m): __
Minimum distance from any stack to property boundary (m): __
If the minimum distance between any stack and the nearest facility
boundary is greater than the threshold distance, the surrounding buffer
distance is considered significant and the facility is likely to benefit
from use of the HWCAQSP relative to the Tier I and II limits (see
discussion of benefits from using HWCAQSP in Introduction section).
Step 7: Determine Maximum Dispersion Coefficients
(A) Determine maximum average hourly dispersion coefficients. Based
on the results of Step 6(A), select either Table 5.0-4 (urban) or Table
5.0-5 (rural) to determine the maximum average hourly dispersion
coefficient. \6\ For flat terrain [defined in Step 5(D)] and for all
sites with generic source numbers 1 or 11,
[[Page 105]]
use Step 7(A) (1). For rolling or complex terrain (excluding generic
sources numbers 1 and 11), use Step 7(A) (2).
---------------------------------------------------------------------------
\6\ For the distance range 6 to 20 kilometers, generic source number
1 is used to conservatively represent the maximum dispersion
coefficient.
---------------------------------------------------------------------------
(1) Search down the appropriate generic source number column [based
on Step 5(C)], beginning at the minimum fenceline distance listed in
Step 6(B). \7\ Record the maximum average hourly dispersion coefficient
encountered.
---------------------------------------------------------------------------
\7\ Exclude all distances that are closer to the facility than the
property boundary. For example, if the actual distance to the nearest
property boundary is 265 meters, begin at the 300 meter distance in
Tables 5.0-4 and 5.0-5.
---------------------------------------------------------------------------
Maximum Average Hourly Dispersion Coefficient=__([micro]g/m\3\/g/sec)
(2) For each of the three distance-based generic source numbers
listed in Step 5(E), search down the appropriate generic source number
columns, beginning at the minimum fenceline distance listed in Step
6(B). Note that different columns may be used for each of the three
distance ranges if there is a need for terrain adjustment. Record the
maximum dispersion coefficient for each generic source number.
------------------------------------------------------------------------
Maximum
dispersion
Distance range (km) Generic source No. coefficient
[from Step 5(E)] ([micro]g/m\3\/m/
sec)
------------------------------------------------------------------------
0.0-0.5.......................... ____ ____
0.5-2.5............... ____ ____
2.5-5.0............... ____ ____
5.0-20.0.............. ____ ____
------------------------------------------------------------------------
Table 5.0-4--ISCST Predicted Maximum Concentrations ([micro]g/m\3\) \a\ for Hazardous Waste Combustors Using Urban Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Generic Generic Generic Generic Generic Generic Generic Generic Generic Generic
Source Source Source Source Source Source Source Source Source Source Generic
Distance (KM) 1 2 3 4 5 6 7 8 9 10 Source 11
(<10M) (10M) (15M) (20M) (25M) (31M) (42M) (53M) (65M) (113M) (Downwash)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.20.............................................. 680.1 517.5 368.7 268.7 168.5 129.8 63.4 30.1 18.4 1.6 662.3
0.25.............................................. 521.9 418.2 303.7 232.6 163.0 124.2 67.6 38.5 19.8 3.2 500.0
0.30.............................................. 407.7 351.7 256.2 199.0 147.0 118.3 63.5 41.5 25.0 4.2 389.3
0.35.............................................. 326.2 304.2 221.6 172.7 130.2 107.9 60.0 40.5 27.3 5.4 311.9
0.40.............................................. 268.5 268.5 195.6 152.5 115.7 97.1 59.6 37.8 27.4 5.8 268.5
0.45.............................................. 240.8 240.7 175.4 136.7 103.9 87.6 56.6 37.2 26.3 5.8 240.8
0.50.............................................. 218.5 218.5 159.2 124.1 94.4 79.7 52.9 36.7 24.7 5.8 218.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.55.............................................. 200.3 200.3 145.9 113.8 86.5 73.1 49.2 35.4 24.5 6.6 200.3
0.60.............................................. 185.1 185.1 134.9 105.1 80.0 67.6 45.8 33.8 24.3 7.1 185.1
0.65.............................................. 172.2 172.2 125.5 97.8 74.4 62.9 42.7 32.0 23.7 7.4 172.2
0.70.............................................. 161.2 161.2 117.4 91.6 69.6 58.9 40.1 30.2 22.9 7.5 161.2
0.75.............................................. 151.6 151.6 110.5 86.1 65.5 55.4 37.7 28.6 22.0 7.5 151.6
0.80.............................................. 143.2 143.2 104.4 81.4 61.9 52.3 35.6 27.1 21.1 7.4 143.2
0.85.............................................. 135.8 135.8 99.0 77.2 58.7 49.6 33.8 25.7 20.2 7.2 135.8
0.90.............................................. 129.2 129.2 94.2 73.4 55.8 47.2 32.1 24.5 19.3 7.0 129.2
0.95.............................................. 123.3 123.3 89.9 70.1 53.3 45.0 30.7 23.4 18.5 6.8 123.3
1.00.............................................. 118.0 118.0 86.0 67.0 51.0 43.1 29.4 22.4 17.7 6.5 118.0
1.10.............................................. 108.8 108.0 79.3 61.8 47.0 39.7 27.1 20.6 16.4 6.5 108.8
1.20.............................................. 101.1 101.1 73.7 57.4 43.7 36.9 25.2 19.2 15.2 6.4 101.1
1.30.............................................. 94.6 94.6 68.9 53.7 40.9 34.5 23.5 18.0 14.2 6.3 94.6
1.40.............................................. 89.0 89.0 64.8 50.6 38.5 32.5 22.1 16.9 13.4 6.1 89.0
1.50.............................................. 84.1 84.1 61.3 47.8 36.3 30.7 20.9 16.0 12.7 5.9 84.1
1.60.............................................. 79.8 79.8 58.2 45.4 34.5 29.2 19.9 15.2 12.0 5.6 79.8
1.70.............................................. 76.0 76.0 55.4 43.2 32.9 27.8 18.9 14.4 11.4 5.4 76.0
1.80.............................................. 72.7 72.7 53.0 41.3 31.4 26.5 18.1 13.8 10.9 5.2 72.7
1.90.............................................. 69.6 69.6 50.7 39.6 30.1 25.4 17.3 13.2 10.5 5.0 69.6
2.00.............................................. 66.9 66.9 48.8 38.0 28.9 24.4 16.7 12.7 10.1 4.8 66.9
2.25.............................................. 61.1 61.1 44.5 34.7 26.4 22.3 15.2 11.6 9.2 4.4 61.1
2.50.............................................. 56.4 56.4 41.1 32.1 24.4 20.6 14.0 10.7 8.5 4.1 56.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
2.75.............................................. 52.6 52.6 38.3 29.9 22.7 19.2 10.0 10.0 7.9 3.8 52.6
3.00.............................................. 49.3 49.3 35.9 28.0 21.3 18.0 9.4 9.4 7.4 3.6 49.3
4.00.............................................. 40.2 40.2 29.3 22.8 17.4 14.7 7.6 7.6 6.1 2.9 40.2
5.00.............................................. 34.5 34.5 25.2 19.6 14.9 12.6 6.6 6.6 5.2 2.5 34.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
6.00.............................................. 30.7 30.7 30.7 30.7 30.7 30.7 30.7 30.7 30.7 30.7 30.7
7.00.............................................. 27.8 27.8 27.8 37.8 27.8 27.8 27.8 27.8 27.8 27.8 27.8
8.00.............................................. 25.5 25.5 25.5 25.5 25.5 25.5 25.5 25.5 25.5 25.5 25.5
9.00.............................................. 23.8 23.8 23.8 23.8 23.8 23.8 23.8 23.8 23.8 23.8 23.8
10.00............................................. 22.3 22.3 22.3 22.3 22.3 22.3 22.3 22.3 22.3 22.3 22.3
15.00............................................. 17.6 17.6 17.6 17.6 17.6 17.6 17.6 17.6 17.6 17.6 17.6
[[Page 106]]
20.00............................................. 15.0 15.0 15.0 15.0 15.0 15.0 15.0 15.0 15.0 15.01 15.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Based on a 1 Gram/Second Emission Rate
Table 5.0-5--ISCST Predicted Maximum Concentrations ([micro]g/m\3\) \a\ for Hazardous Waste Combustors Using Rural Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Generic Generic Generic Generic Generic Generic Generic Generic Generic
source source source source source source Generic source source source Generic
Distance (KM) 1 2 3 4 5 6 source 7 8 9 10 source 11
(<10M) (10M) (15M) (20M) (25M) (31M) (42M) (53M) (65M) (113M) (Downwash)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.20........................................... 1771.1 670.3 308.6 176.8 102.8 76.5 28.0 10.1 3.5 0.0 1350.8
0.25........................................... 1310.6 678.4 316.9 183.6 104.6 71.8 38.0 17.6 7.9 0.2 1227.3
0.30........................................... 1002.3 629.2 303.4 199.1 100.4 75.0 39.7 24.0 12.6 0.8 1119.3
0.35........................................... 798.4 569.6 282.3 200.7 117.0 71.1 36.3 25.9 16.8 1.9 1023.8
0.40........................................... 656.9 516.5 278.7 194.4 125.2 82.7 25.3 24.6 18.1 3.1 938.9
0.45........................................... 621.5 471.1 277.6 184.3 127.5 89.7 35.6 21.7 17.6 4.3 851.8
0.50........................................... 633.5 432.4 272.0 172.7 125.7 92.9 34.4 21.6 15.9 5.5 787.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.55........................................... 630.1 399.2 263.8 168.0 121.6 93.3 38.6 22.1 13.6 6.5 730.6
0.60........................................... 616.6 370.4 254.0 169.1 116.2 91.8 42.6 21.7 14.3 6.7 676.4
0.65........................................... 596.7 345.4 243.6 168.1 110.3 89.2 45.3 20.9 14.7 6.4 633.4
0.70........................................... 573.2 323.4 232.9 165.6 104.5 85.8 47.0 23.3 14.6 5.9 592.0
0.75........................................... 546.9 304.0 222.3 162.0 98.8 82.2 47.7 25.5 14.3 5.5 554.6
0.80........................................... 520.9 286.8 212.1 157.7 98.8 78.5 47.8 27.1 13.8 5.1 522.1
0.85........................................... 495.7 271.5 202.4 153.0 99.0 74.9 47.4 28.3 15.0 4.7 491.8
0.90........................................... 471.5 257.8 193.3 148.1 98.6 71.4 46.6 29.1 16.3 4.5 464.2
0.95........................................... 448.5 245.4 184.7 143.1 97.6 72.3 45.6 29.6 17.3 4.2 438.9
1.00........................................... 426.8 234.2 176.8 138.1 96.3 72.6 44.4 29.8 18.2 4.0 415.8
1.10........................................... 387.5 214.7 162.5 128.2 91.9 71.1 41.8 29.5 19.3 3.9 375.0
1.20........................................... 353.5 198.4 150.3 119.3 87.4 69.1 39.1 28.6 19.8 4.1 340.3
1.30........................................... 323.0 189.6 139.9 111.5 82.9 66.7 36.6 27.5 19.8 4.2 310.4
1.40........................................... 296.6 182.2 130.8 104.5 78.7 64.2 34.3 26.2 19.5 4.2 284.6
1.50........................................... 273.3 174.6 122.9 98.3 74.7 61.6 32.3 24.9 19.0 4.2 262.0
1.60........................................... 252.7 167.0 115.9 92.8 71.0 59.1 31.8 23.6 18.4 4.2 242.2
1.70........................................... 234.5 159.6 109.7 87.9 67.6 56.7 31.6 22.5 17.7 4.3 224.7
1.80........................................... 218.3 152.4 104.1 83.5 64.4 54.3 31.3 21.4 17.0 4.5 211.9
1.90........................................... 203.7 145.6 99.1 79.5 61.5 52.1 30.9 20.4 16.3 4.8 198.4
2.00........................................... 190.7 139.1 94.6 75.9 58.8 50.0 30.4 19.5 15.7 5.1 186.3
2.25........................................... 164.4 124.5 85.1 68.3 53.0 45.4 28.9 18.1 14.2 5.4 160.8
2.50........................................... 143.7 112.1 77.3 62.1 48.2 41.4 27.2 17.9 12.9 5.5 140.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
2.75........................................... 127.0 101.5 70.9 56.9 38.1 38.1 25.6 17.5 11.8 5.4 124.5
3.00........................................... 113.4 92.4 65.6 52.6 35.2 35.2 24.0 17.0 11.2 5.2 112.5
4.00........................................... 78.8 67.3 50.6 40.6 27.2 27.2 29.0 14.3 10.4 4.3 78.3
5.00........................................... 59.1 54.6 41.4 33.2 22.2 22.2 15.6 12.0 9.3 3.5 58.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
6.00........................................... 56.7 46.7 46.7 46.7 46.7 46.7 46.7 46.7 46.7 46.7 46.7
7.00........................................... 40.4 40.4 40.4 40.4 40.4 40.4 40.4 40.4 40.4 40.4 40.4
8.00........................................... 35.8 35.8 35.8 35.8 35.8 35.8 35.8 35.8 35.8 35.8 35.8
9.00........................................... 32.2 32.2 32.2 32.2 32.2 32.2 32.2 32.2 32.2 32.2 32.2
10.00.......................................... 29.4 29.4 29.4 29.4 29.4 29.4 29.4 29.4 29.4 29.4 29.4
15.00.......................................... 20.5 20.5 20.5 20.5 20.5 20.5 20.5 20.5 20.5 20.5 20.5
20.00.......................................... 15.9 15.9 15.9 15.9 15.9 15.9 15.9 15.9 15.9 15.9 15.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Based on a 1 Gram/Second Emission Rate
(B) Determine annual/hourly ratio for rural analysis. The maximum
average annual dispersion coefficient is approximated by multiplying the
maximum hourly dispersion coefficient (identified in Step 7(A)) by the
appropriate ratio selection from Table 5.0-6. The generic source
number(s) [from Steps 5(C) or 5(E)], urban/rural designation (from Step
6), and the terrain type are used to select the appropriate scaling
factor. Use the noncomplex terrain designation for all sources located
in flat terrain, for all sources
[[Page 107]]
where the physical stack height of the worst-case stack is less than or
equal to 10 m, for all sources where the worst-case stack is less than
the minimum GEP, and for those sources where all of the TAESH values in
Step 5(E) are greater than zero. Use the complex terrain designation in
all other situations.
(C) Determine maximum average annual dispersion coefficient. The
maximum average annual dispersion coefficient is determined by
multiplying the maximum hourly dispersion coefficient (Step 7(A)) by its
corresponding annual/hourly ratio (Step 7(B)).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum hourly dispersion Maximum annual dispersion
Terrain Distance from Generic source coefficient (g/ Annual hourly coefficient (g/m\3\/
stack (m) No. m\3\/g/sec) ratio g/sec) \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flat.............................. 0-20.0
0-0.5
<=0.5-2.5
Rolling or Complex................ <=2.5-5.0
<=5.0-20.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Maximum hourly dispersion coefficient times annual/hourly ratio.
Step 8: Estimate Maximum Ambient Air Concentrations--see procedures
prescribed in subpart H of 40 CFR part 266.
Step 9: Determine Compliance with Regulatory Limits--see procedures
prescribed in subpart H of 40 CFR part 266.
Step 10: Multiple Stack Method (Optional)
This option is a special case procedure that may be helpful when (1)
the facility exceeded the regulatory limits for one or more pollutants,
as detailed in Step 9, and (2) the facility has multiple stacks with
substantially different emission rates and effective release heights.
Only those pollutants that fail the Step 9 screening limits need to be
addressed in this exercise.
This procedure assesses the environmental impacts from each stack
and then sums the results to estimate total impacts. This option is
conceptually the same as the basic approach (Steps 1 through 9) and does
not involve complex calculations. However, it is more time-consuming and
is recommended only if the basic approach fails to meet the risk
criteria. The procedure is outlined below.
(A) Compute effective stack heights for each stack. \8\
---------------------------------------------------------------------------
\8\ Follow the procedure outlined in Step 4 of the basic screening
procedure to determine the GEP for each stack. If a stack's physical
height exceeds the maximum GEP, use the maximum GEP values. If a stack's
physical height is less than the minimum GEP, use generic source number
11 in the subsequent steps of this analysis. Follow the procedure in
Steps 5(A) and 5(B) to determine the effective height of each stack.
--------------------------------------------------------------------------------------------------------------------------------------------------------
GEP stack height Flow rate (m\3\/ Exit temp Effective stack
Stack No. (m) sec) ([deg]K) Plume rise (m) height (m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............................................................. ____ ____ ____ ____ ____
2............................................................. ____ ____ ____ ____ ____
3............................................................. ____ ____ ____ ____ ____
Add an additional page if more than three stacks are involved. Circle the maximum and minimum effective stack heights.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(B) Determine if this multiple-stack screening procedure will likely
produce less conservative results than the procedure in Steps 1 through
9. To do this, compute the ratio of maximum-to-minimum effective stack
height:
[GRAPHIC] [TIFF OMITTED] TC06NO91.012
If the above ratio is greater than 1.25, proceed with the remaining
steps. Otherwise, this option is less likely to significantly reduce the
degree of conservatism in the screening method.
[[Page 108]]
(C) Determine if terrain adjustment is needed and select generic
source numbers. Select the shortest stack height and maximum terrain
rise out to 5 km from Step 1 and determine if the facility is in flat
terrain.
Shortest stack height (m)=______________________________________________
Maximum terrain rise in meters out to 5 km=_____________________________
[GRAPHIC] [TIFF OMITTED] TC06NO91.013
If the value above is greater than 10 percent, the terrain is
considered nonflat; proceed to Step 10(D). If the ratio is less than or
equal to 10 percent, the terrain is considered flat. Identify the
generic source numbers based on effective stack heights computed in Step
10(A). Refer to Table 5.0-2 provided earlier to identify generic source
numbers. Record the generic source numbers identified and proceed to
Step 10(F).
------------------------------------------------------------------------
Stack No.
-----------------------------
1 2 3
------------------------------------------------------------------------
Generic Source Numbers.................... __ __ __
------------------------------------------------------------------------
(D) Compute the TAESH and select generic source numbers (four
sources located in nonflat terrain).
1. Compute the TAESH for all remaining stacks using the following
equation:
HE-TR = TAESH
where:
HE = effective stack height (m)
TR = maximum terrain rise for each distance range (m)
TAESH = terrain-adjusted effective stack height (m)
Use the Table Below To Calculate the TAESH for Each Stack \9\
----------------------------------------------------------------------------------------------------------------
Stack No.
---------------------------------------------------------------------------
Distance Range (km) 0-0.5 0.5-2.5 2.5-5.0
---------------------------------------------------------------------------
HE - TR = TAESH HE - TR = TAESH HE - TR = TAESH
----------------------------------------------------------------------------------------------------------------
1................................... ... - ... = ..... ... - ... = ......... ... - ... = .....
2................................... ... - ... = ..... ... - ... = ......... ... - ... = .....
3................................... ... - ... = ..... ... - ... = ......... ... - ... = .....
----------------------------------------------------------------------------------------------------------------
\9\ Refer to Step 1 for terrain adjustment data. Note that the distance from the source to the outer radii of
each range is used. For example, for the range 0.5-2.5 km, the maximum terrain rise in the range
0.0-2.5 km is used.
For those stacks where the terrain rise within a distance range is
greater than the effective stack height (i.e., HE-TR is less than zero),
the TAESH for that distance range is set equal to zero, and generic
source number 1 should be used for that distance range for all
subsequent distance ranges. Additionally, for all stacks with a physical
stack height of less than or equal to 10 meters, use generic source
number 1 for all distance ranges. \10\ For the remaining stacks, proceed
to Step 10(D)(2).
---------------------------------------------------------------------------
\10\ This applies to all stacks less than or equal to 10 meters
regardless of the terrain classification.
---------------------------------------------------------------------------
2. For the remaining stacks, refer to Table 5.0-2 and, for each
distance range, identify the generic source number that includes the
TAESH. Use the values obtained from Steps 10(D)(1) and 10(D)(2) to
complete the following summary worksheet;
Generic Source Number After Terrain Adjusted (if Needed)
----------------------------------------------------------------------------------------------------------------
0.5-2.5 2.5-5.0
Stack No. 0-0.5 km km km
----------------------------------------------------------------------------------------------------------------
1.......................................................... ........... .................. ..................
2.......................................................... ........... .................. ..................
3.......................................................... ........... .................. ..................
----------------------------------------------------------------------------------------------------------------
(E) Identify maximum average hourly dispersion coefficients. Based
on the land use classification of the site (e.g., urban or rural), use
either Table 5.0-4 or Table 5.0-5 to determine the appropriate
dispersion coefficient for each distance range for each stack. Begin at
the minimum fenceline distance indicated in Step 7(B) and record on
Worksheet 5.0-1 the dispersion coefficient for each stack/distance
range. For stacks located in facilities in flat terrain, the generic
source numbers were computed in Step 10(C). For stacks located in
facilities in rolling and complex terrain, the generic source numbers
were computed in Step 10(D). For flat terrain applications and for
stacks with a physical height of less than or equal to 10 meters, only
one generic source number is used per stack for all distance ranges. For
other situations up to three generic source numbers may be needed per
stack (i.e., a unique generic source number per distance range). In
[[Page 109]]
Tables 5.0-4 and 5.0-5, the dispersion coefficients for distances of 6
km to 20 km are the same for all generic source numbers in order to
conservatively represent terrain beyond 5 km (past the limits of the
terrain analysis).
[GRAPHIC] [TIFF OMITTED] TC01AU92.033
[[Page 110]]
(F) Estimate maximum hourly ambient air concentrations. In this
step, pollutant-specific emission rates are multiplied by appropriate
dispersion coefficients to estimate ambient air concentrations. For each
stack, emissions are multiplied by the dispersion coefficient selected
in Step 10(E) and summed across all stacks to estimate ambient air
concentrations at various distances from the facility. From these summed
concentrations, the maximum hourly ambient air concentration is
selected. First, select the maximum emission rate of the pollutant. \11\
Record these data in the spaces provided below. \12\
---------------------------------------------------------------------------
\11\ Recall that it is recommended that this analysis be performed
for only one or two pollutants. The pollutants chosen for this analysis
should be those that show the most significant exceedances of the risk
threshold.
\12\ Refer to Step 8 of the basic screening procedure. At this point
in the screening procedure, annual emissions are used to represent
hourly average emission rates. These values will be adjusted by the
annual/hourly ratio to estimate annual average concentrations.
Maximum Annual Emission Rates (g/sec)
------------------------------------------------------------------------
Pollutant Stack 1 Stack 2 Stack 3
------------------------------------------------------------------------
................. ................ ................
................. ................ ................
------------------------------------------------------------------------
Complete a separate copy of Worksheet 5.0-2 for each pollutant and
select the highest hourly concentration from the summation column at the
far right of the worksheet. Record the maximum hourly air concentration
for each pollutant analyzed (add additional lines if needed):
------------------------------------------------------------------------
Pollutant Maximum hourly air concentration
------------------------------------------------------------------------
....................................
....................................
------------------------------------------------------------------------
[[Page 111]]
[GRAPHIC] [TIFF OMITTED] TC01AU92.034
[[Page 112]]
[GRAPHIC] [TIFF OMITTED] TC01AU92.035
[[Page 113]]
[GRAPHIC] [TIFF OMITTED] TC01AU92.036
(G) Determine the complex/noncomplex designation for each stack. For
each stack, subtract the maximum terrain rise within 5 km of the site
from the physical stack height and designate the stack as either complex
or noncomplex. If the stack height minus the maximum terrain rise
(within 5 km) is greater than zero or if the stack is less than 10
meters in physical height, then assign the stack a noncomplex
designation. If the stack height minus the maximum terrain rise (within
5 km) is less than or equal to zero, then assign the stack a complex
designation.
[[Page 114]]
Perform the following computation for each stack and record the
information in the spaces provided. Check in the spaces provided whether
the stack designation is complex or noncomplex.
----------------------------------------------------------------------------------------------------------------
Maximum
Stack No. Stack terrain Complex Noncomplex
height (m) rise (m)
----------------------------------------------------------------------------------------------------------------
1...................................... ........... - ........... = (m)
2...................................... ........... - ........... = (m)
3...................................... ........... - ........... = (m)
----------------------------------------------------------------------------------------------------------------
(H) Identify annual/hourly ratios. Extract the annual/hourly ratios
for each stack by referring to Table 5.0-6. Generic source numbers (from
Steps 10(C) or 10(D), urban/rural designation (from Step 6)), and
complex or noncomplex terrain designations (from Step 10(G)) are used to
select the appropriate scaling factor needed to convert hourly maximum
concentrations to estimates of annual average concentrations.
Complete the following table: \13\
---------------------------------------------------------------------------
\13\ If any stack (excluding generic stack number 1 and 11) in Step
10(D) shows a negative terrain adjusted stack height, use the complex
terrain annual/hourly ratios.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Generic source No. steps 10 (C or D) Annual/hourly ratio (from table 5.0-6)
---------------------------------------------------------------------------------------------------------
Stack No. Distance ranges (km) Distance ranges (km)
---------------------------------------------------------------------------------------------------------
0-0.5 0.5-2.5 2.5-5.0 0-0.5 0.5-2.5 2.5-5.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............................................. _____ _____ _____ _____ _____ _____
2............................................. _____ _____ _____ _____ _____ _____
3............................................. _____ _____ _____ _____ _____ _____
--------------------------------------------------------------------------------------------------------------------------------------------------------
(I) Select the highest annual/hourly ratio among all of the stacks,
\14\ and then estimate the maximum annual average ambient air
concentrations for each pollutant by completing the following table,
where:
---------------------------------------------------------------------------
\14\ As an option, the user can identify the stack with the highest
ratio for each distance range (rather than the absolute highest). In
this case, extra sheets would be needed to show estimated annual average
concentrations from each stack by multiplying emission rate times
maximum hourly dispersion coefficient times maximum annual/hourly ratio
for applicable distance range. Then sum across all stacks for each
downwind distance.
---------------------------------------------------------------------------
C = Maximum total hourly ambient air concentration ([micro]g/m\3\) for
pollutant ``N'' from Step 10(F),
Ca = Maximum annual average air concentration for pollutant
``N'' ([micro]g/m\3\),
R = Annual/hourly ratio.
Table 5.0-6--95th Percentile of Annual/Hourly Ratios
----------------------------------------------------------------------------------------------------------------
Noncomplex Terrain Complex Terrain
----------------------------------------------------------------------------------------------------------------
Source Urban Rural Source Urban Rural
----------------------------------------------------------------------------------------------------------------
1................................... 0.019 0.014 1..................... 0.020 0.053
2................................... 0.033 0.019 2..................... 0.020 0.053
3................................... 0.031 0.018 3..................... 0.030 0.057
4................................... 0.029 0.017 4..................... 0.051 0.047
5................................... 0.028 0.017 5..................... 0.067 0.039
6................................... 0.028 0.017 6..................... 0.059 0.034
7................................... 0.031 0.015 7..................... 0.036 0.031
8................................... 0.030 0.013 8..................... 0.026 0.024
9................................... 0.029 0.011 9..................... 0.026 0.024
10.................................. 0.029 0.008 10.................... 0.017 0.013
11.................................. 0.018 0.015 11.................... 0.020 0.053
----------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------
Ca([mu]g/ Ca([mu]g/
Pollutant m\3\) x R = m\3\)
------------------------------------------------------------------------
____ __ x __ = __
____ __ x __ = __
------------------------------------------------------------------------
(J) Use the maximum annual average concentrations from Step 10(I) to
determine compliance with regulatory requirements.
[[Page 115]]
Section 6.0 Simplified Land Use Classification Procedure for Compliance
With Tier I and Tier II Limits
6.1 Introduction
This section provides a simplified procedure to classify areas in
the vicinity of boilers and industrial furnace sites as urban or rural
in order to set risk-based emission limits under subpart H of 40 CFR
part 266. Urban/rural classification is needed because dispersion rates
differ between urban and rural areas and thus, the risk per unit
emission rate differs accordingly. The combination of greater surface
roughness (more buildings/structures to generate turbulent mixing) and
the greater amount of heat released from the surface in an urban area
(generates buoyancy-induced mixing) produces greater rates of
dispersion. The emission limit tables in the regulation, therefore,
distinguish between urban and rural areas.
EPA guidance (EPA 1986) \1\ provides two alternative procedures to
determine whether the character of an area is predominantly urban or
rural. One procedure is based on land use typing and the other is based
on population density. Both procedures require consideration of
characteristics within a 3-km radius from a source, in this case the
facility stack(s). The land use typing method is preferred because it
more directly relates to the surface characteristics that affect
dispersion rates. The remainder of this discussion is, therefore,
focused on the land use method.
While the land use method is more direct, it can also be labor-
intensive to apply. For this discussion, the land use method has been
simplified so that it is consistent with EPA guidance (EPA 1986; Auer
1978), while streamlining the process for the majority of applications
so that a clear-cut decision can be made without the need for detailed
analysis. Table 6.0-1 summarizes the simplified approach for classifying
areas as urban or rural. As shown, the applicant always has the option
of applying standard (i.e., more detailed) analyses to more accurately
distinguish between urban and rural areas. However, the procedure
presented here allows for simplified determinations, where appropriate,
to expedite the permitting process.
Table 6.0-1--Classification of Land Use Types
------------------------------------------------------------------------
Urban or rural designation
Type \1\ Description \2\
------------------------------------------------------------------------
I1 Heavy Industrial....... Urban.
I2 Light/Moderate Urban.
Industrial.
C1 Commercial............. Urban.
R1 Common Residential Rural.
(Normal Easements).
R2 Compact Residential Urban.
(Single Family).
R3 Compact Residential Urban.
(Multi-Family).
R4 Estate Residential Rural.
(Multi-Acre Plots).
A1 Metropolitan Natural... Rural.
A2 Agricultural........... Rural.
A3 Undeveloped (Grasses/ Rural.
Weeds).
A4 Undeveloped (Heavily Rural.
Wooded).
A5 Water Surfaces......... Rural.
------------------------------------------------------------------------
\1\ EPA, Guideline on Air Quality Models (Revised), EPA-450/2-78-027R,
Office of Air Quality Planning and Standards, Research Triangle Park,
North Carolina, July, 1986.
\2\ Auer, August H. Jr., ``Correlation of Land Use and Cover with
Meteorological Anomalies,'' Journal of Applied Meteorology, pp. 636-
643, 1978.
6.2 Simplified Land Use Process
The land use approach considers four primary land use types:
industrial (I), commercial (C), residential (R), and agricultural (A).
Within these primary classes, subclasses are identified, as shown in
table 6.0-1. The goal is to estimate the percentage of the area within a
3-km radius that is urban type and the percentage that is rural type.
Industrial and commercial areas are classified as urban; agricultural
areas are classified as rural.
The delineation of urban and rural areas, however, can be more
difficult for the residential type areas shown in table 6.0-1. The
degree of resolution shown in table 6.0-1 for residential areas often
cannot be identified without conducting site area inspections and/or
referring to zoning maps. This process can require extensive analysis,
which, for many applications, can be greatly streamlined without
sacrificing confidence in selecting the appropriate urban or rural
classification.
The fundamental simplifying assumption is based on the premise that
many applications will have clear-cut urban/rural designations, i.e.,
most will be in rural settings that can be definitively characterized
through a brief review of topographical maps. The color coding on USGS
topographical maps provides the most effective means of simplifying the
typing scheme. The suggested typing designations for the color codes
found on topographical maps are as follows:
Green Wooded areas (rural).
White White areas generally will be treated as rural. This code applies
to areas that are unwooded and do not have densely packed structures
which would require the pink code (house omission tint). Parks,
industrial areas, and unforested rural land will appear as white on the
topographical maps. Of these categories, only the industrial areas could
potentially be classified
[[Page 116]]
as urban based on EPA 1986 or Auer 1978. Industrial areas can be easily
identified in most cases by the characteristics shown in Figure 6.0-1.
For this simplified procedure, white areas that have an industrial
classification will be treated as urban areas.
[GRAPHIC] [TIFF OMITTED] TC01AU92.037
[[Page 117]]
Section 7.0 Statistical Methodology for Bevill Residue Determinations
This section describes the statistical comparison of waste-derived
residue to normal residue for use in determining eligibility for the
Bevill exemption under 40 CFR 266.112.
7.1 Comparison of Waste-Derived Residue to Normal Residue
To be eligible for the Bevill exclusion from the definition of
hazardous waste under 40 CFR 266.112(b)(1), waste-derived residue must
not contain Appendix VIII, Part 261, constituents that could reasonably
be attributable to the hazardous waste (toxic constituents) at
concentrations significantly higher than in residue generated without
burning or processing hazardous waste (normal residue). Concentrations
of toxic constituents in normal residue are determined based on analysis
of a minimum of 10 samples representing a minimum of 10 days of
operation. The statistically-derived concentrations in normal residue
are determined as the upper tolerance limit (95% confidence with a 95%
proportion of the sample distribution) of the normal residue
concentrations. The upper tolerance limit is to be determined as
described in Section 7.2 below. If changes in raw materials or fuels
could lower the statistically-derived concentrations of toxic
constituents of concern, the statistically-derived baseline must be re-
established for any such mode of operation with the new raw material or
fuel.
Concentrations of toxic constituents in waste-derived residue are
determined based on the analysis of one or more samples collected over a
compositing period of not more than 24 hours. Multiple samples of the
waste-derived residue may be analyzed or subsamples may be composited
for analysis, provided that the sampling period does not exceed 24
hours. If more than one sample is analyzed to characterize the waste-
derived residue generated over a 24-hour period, the arithmetic mean of
the concentrations must be used as the waste-derived concentration for
each constituent.
The concentration of a toxic constituent in the waste-derived
residue is not considered to be significantly higher than in the normal
residue (i.e., the residue passes the Bevill test for that constituent)
if the concentration in the waste-derived residue does not exceed the
statistically-derived concentration.
7.2 Calculation of the Upper Tolerance Limit
The 95% confidence with 95% proportion of the sample distribution
(upper tolerance limit) is calculated for a set of values assuming that
the values are normally distributed. The upper tolerance limit is a one-
sided calculation and is an appropriate statistical test for cases in
which a single value (the waste-derived residue concentration) is
compared to the distribution of a range of values (the minimum of 10
measurements of normal residue concentrations). The upper tolerance
limit value is determined as follows:
UTL = X + (K)(S)
where
X = mean of the normal residue concentrations, X = X i/n,
K = coefficient for sample size n, 95% confidence and 95% proportion,
S = standard deviation of the normal residue concentrations,
S = ([Sigma](Xi - X)\2\/(n - 1))\0\.\5\, and
n = sample size.
The values of K at the 95% confidence and 95% proportion, and sample
size n are given in Table 7.0-1.
For example, a normal residue test results in 10 samples with the
following analytical results for toxic constituent A:
------------------------------------------------------------------------
Concentration
Sample No. of constituent
A (ppm)
------------------------------------------------------------------------
1....................................................... 10
2....................................................... 10
3....................................................... 15
4....................................................... 10
5....................................................... 7
6....................................................... 12
7....................................................... 10
8....................................................... 16
9....................................................... 15
10...................................................... 10
------------------------------------------------------------------------
The mean and the standard deviation of these measurements,
calculated using the above equations, are 11.5 and 2.9, respectively.
Assuming that the values are normally distributed, the upper tolerance
limit (UTL) is given by:
UTL = 11.5 + (2.911)(2.9) = 19.9 ppm
Thus, if the concentration of constituent A in the waste-derived
residue is below 19.9 ppm, then the waste-derived residue is eligible
for the Bevill exclusion for constituent A.
7.3 Normal Distribution Assumption
As noted in Section 7.2 above, this statistical approach (use of the
upper tolerance limit) for calculation of the concentration in normal
residue is based on the assumption that the concentration data are
distributed normally. The Agency is aware that concentration data of
this type may not always be distributed normally, particularly when
concentrations are near the detection limits. There are a number of
procedures that can be used to test the distribution of a data set. For
example, the Shapiro-Wilk test, examination of a histogram or plot of
the data on normal probability paper, and examination of the coefficient
of skewness are methods that may be applicable, depending on the nature
of the data (References 1 and 2).
[[Page 118]]
If the concentration data are not adequately represented by a normal
distribution, the data may be transformed to attain a near normal
distribution. The Agency has found that concentration data, especially
when near detection levels, often exhibit a lognormal distribution. The
assumption of a lognormal distribution has been used in various programs
at EPA, such as in the Office of Resource Conservation and Recovery Land
Disposal Restrictions program for determination of BDAT treatment
standards. The transformed data may be tested for normality using the
procedures identified above. If the transformed data are better
represented by a normal distribution than the untransformed data, the
transformed data should be used in determining the upper tolerance limit
using the procedures in Section 7.2 above.
In all cases where the owner or operator wishes to use other than an
assumption of normally distributed data or believes that use of an
alternate statistical approach is appropriate to the specific data set,
he/she must provide supporting rationale in the operating record that
demonstrates that the data treatment is based upon sound statistical
practice.
7.4 Nondetect Values
The Agency is developing guidance regarding the treatment of
nondetect values (data where the concentration of the constituent being
measured is below the lowest concentration for which the analytical
method is valid) in carrying out the statistical determination described
above. Until the guidance information is available, facilities may
present their own approach to the handling of nondetect data points, but
must provide supporting rationale in the operating record for
consideration by the Director.
Table 7.0-1--K Values for 95% Confidence and 95% Proportion
------------------------------------------------------------------------
Sample size (n) K
------------------------------------------------------------------------
10......................................................... 2.911
11......................................................... 2.815
12......................................................... 2.736
13......................................................... 2.670
14......................................................... 2.614
15......................................................... 2.566
16......................................................... 2.523
17......................................................... 2.486
18......................................................... 2.458
19......................................................... 2.423
20......................................................... 2.396
21......................................................... 2.371
22......................................................... 2.350
23......................................................... 2.329
24......................................................... 2.303
25......................................................... 2.292
------------------------------------------------------------------------
7.5 References
1. Shapiro, S.S. and Wilk, M.B. (1965), ``An Analysis of Variance
Test for Normality (complete samples),'' Biometrika, 52,591-611.
2. Bhattacharyya, G.K. and R.A. Johnson (1977), Statistical Concepts
and Methods, John Wiley and Sons, New York.
Section 8.0 Procedures for Determining Default Values for Air Pollution
Control System Removal Efficiencies
During interim status, owners or operators of boilers and industrial
furnaces burning hazardous waste must submit documentation to EPA that
certifies that emissions of HCl, C12, metals, and particulate
matter (PM) are not likely to exceed allowable emission rates. See
certification of precompliance under 40 CFR 266.103(b). This
documentation also establishes interim status feed rate and operating
limits for the facility. For the initial certification, estimates of
emissions and system removal efficiencies (SREs) can be made to
establish the operating limits. Subsequently, owners or operators must
use emissions testing to demonstrate that emissions do not exceed
allowable levels, and to establish operating limits. See 40 CFR
266.103(c). However, initial estimates of emissions for certification of
precompliance can be based on estimated or established SREs.
The SRE combines the effect of partitioning of the chlorine, metals,
or PM and the air pollution control system removal efficiency (APCS RE)
for these pollutants. The SRE is defined as:
SRE = (species input--species emitted) / species input
The SRE can be calculated from the partitioning factor (PF) and APCS
RE by the following formula:
SRE = 1--[(PF/l00) x (1--APCS RE/100)]
where:
PF = percentage of the pollutant partitioned to the combustion gas
Estimates of the PF and/or the APCS RE can be based on either EPA's
default values or engineering judgement. EPA's default values for the
APCS RE for metals, HCl, Cl2, and PM are described in this
section. EPA's default values for partitioning of these pollutants are
described in section 9.0.
Guidelines for the use of engineering judgement to estimate APCS REs
or PFs are described in section 9.4.
8.1 APCS RE Default Values for Metals
EPA's default assumptions for APCS RE for metals are shown in Table
8.1-1. The default values in the table are conservative estimates of the
removal efficiencies for metals in BIFs, depending on the volatility of
the metal and the type of APCS.
The volatility of a metal depends on the temperature, the thermal
input, the chlorine
[[Page 119]]
content of the waste, and the identity and concentration of the metal.
Metals that do not vaporize at combustion zone temperatures are
classified as ``nonvolatile''. Such metals typically enter the APCS in
the form of large particles that are removed relatively easily. Metals
that vaporize in the combustion zone and condense before entering the
APCS are classified as ``volatile''. Such metals typically enter the
APCS in the form of very fine, submicron particles that are rather
inefficiently removed in many APCSs. Metals that vaporize in the
combustion zone and do not condense before entering the APCS are
classified as ``very volatile''. Such metals enter the APCS in the form
of a vapor that is very inefficiently removed in many APCSs.
Typically, BIFs have combustion zone temperatures high enough to
vaporize any hazardous metal at concentrations sufficient to exceed
risk-based emission limits. For this reason, the default assumption is
that there are no nonvolatile metals. Tables 8.1-2 and 8.1-3 are used to
determine whether metals are classified as ``volatile'' or ``very
volatile'' depending on the temperature entering the APCS, the thermal
input, and whether the waste is chlorinated or nonchlorinated.
Table 8.1-1--Air Pollution Control Systems (APCS) and Their
Conservatively Estimated Efficiencies for Controlling Toxic Metals (%)
------------------------------------------------------------------------
Metal Volatility
--------------------------------------
APCS Very
Nonvolatile Volatile Volatile
------------------------------------------------------------------------
WS............................... 40 30 20
VS-20............................ 80 75 20
VS-60............................ 87 75 40
ESP-1............................ 90 75 0
ESP-2............................ 92 80 0
ESP-4............................ 95 80 0
WESP............................. 90 85 40
FF............................... 90 80 0
SD/FF............................ 97 90 0
DS/FF............................ 95 90 0
IWS.............................. 90 87 75
------------------------------------------------------------------------
WS = Wet Scrubber including: Sieve Tray Tower, Packed Tower, Bubble Cap
Tower
VS-20 = Venturi Scrubber, ca. 20-30 in W.G. [Delta] p
VS-60 = Venturi Scrubber, ca. 60 in W.G. [Delta] p
ESP-l = Electrostatic Precipitator; 1 stage
ESP-2 = Electrostatic Precipitator; 2 stage
ESP-4 = Electrostatic Precipitator; 4 stage
IWS = Ionizing Wet Scrubber
DS = Dry Scrubber
FF = Fabric Filter (Baghouse)
SD = Spray Dryer (Wet/Dry Scrubber)
WESP = Wet Electrostatic Precipitator
Table 8.1-2--Temperature (F) Entering APCS Above Which Metals Are Classified as Very Volatile in Combustion of
Nonchlorinated Wastes
----------------------------------------------------------------------------------------------------------------
Metal Thermal Input (MMBtu/hr) \1\
----------------------------------------------------------------------------------------------------------------
Name Symbol 1 10 100 1000 10000
----------------------------------------------------------------------------------------------------------------
Arsenic.................................... As 320 280 240 200 160
Cadmium.................................... Cd 1040 940 860 780 720
Chromium................................... Cr 2000 1760 1580 1420 1380
Beryllium.................................. Be 1680 1440 1240 1080 980
Antimony................................... Sb 680 600 540 480 420
Barium..................................... Ba 2240 1820 1540 1360 1240
Lead....................................... Pb 1280 1180 1080 1000 920
Mercury.................................... Hg 340 300 260 220 180
Silver..................................... Ag 1820 1640 1480 1340 1220
Thallium................................... Tl 900 800 700 620 540
----------------------------------------------------------------------------------------------------------------
\1\ Interpolation of thermal input is not allowed. If a BIF fires between two ranges, the APCS temperature under
the higher thermal input must be used.
Example: For a BIF firing 10-100 MMBtu/hr, Mercury is considered very volatile at APCS temperatures above 260 F
and volatile at APCS temperatures of 260 F and below.
Table 8.1-3--Temperature (F) Entering APCS Above Which Metals Are Classified as Very Volatile In Combustion of
Chlorinated Wastes
----------------------------------------------------------------------------------------------------------------
Metal Thermal Input (MMBtu/hr) \1\
----------------------------------------------------------------------------------------------------------------
Name Symbol 1 10 100 1000 10000
----------------------------------------------------------------------------------------------------------------
Arsenic.................................... As 320 280 240 200 160
Cadmium.................................... Cd 1040 940 860 780 720
Chromium................................... Cr 2
Default assumptions for APCS RE for HCl in BIFs are shown in Table
8.2-1. This table is identical to the column for other BIFs except that
cement kilns have a minimum HCl removal efficiency of 83 percent.
Because of the alkaline nature of the raw materials in cement kilns,
most of the chlorine is converted to chloride salts. Thus, the minimum
APCS RE for HCl for cement kilns is independent of the APCS train.
Removal efficiency of Cl2 for most types of APCS is
generally minimal. Therefore, the default assumption for APCS RE for
Cl2 for all APCSs is 0 percent. This is applicable to all
BIFs, including cement kilns.
8.3 APCS RE Default Values for Ash
Default assumptions for APCS RE for PM are also shown in Table 8.1-
4. These figures are conservative estimates of PM removal efficiencies
for different types of APCSs. They are identical to the figures in the
Nonvolatile APCS RE column for hazardous metals presented in Table 8.1-1
because the same collection mechanisms and collection efficiencies that
apply to nonvolatile metals also apply to PM.
Table 8.2-1--Air Pollution Control Systems (APCS) and Their
Conservatively Estimated Efficiencies for Removing Hydrogen Chloride
(HCl) and Particulate Matter (PM) (%)
------------------------------------------------------------------------
HCl
--------------------------------
APCD Cement Other
kilns BIFs PM
------------------------------------------------------------------------
WS..................................... 97 97 40
VS-20.................................. 97 97 80
VS-60.................................. 98 98 87
ESP-1.................................. 83 0 90
ESP-2.................................. 83 0 92
ESP-4.................................. 83 0 95
WESP................................... 83 70 90
FF..................................... 83 0 90
SD/FF.................................. 98 98 97
DS/FF.................................. 98 98 95
WS/IWS................................. 99 99 95
IWS.................................... 99 99 90
------------------------------------------------------------------------
WS = Wet Scrubber including: Sieve Tray Tower, Packed Tower, Bubble Cap
Tower
PS = Proprietary Wet Scrubber Design (A number of proprietary wet
scrubbers have come on the market in recent years that are highly
efficient on both particulates and corrosive gases. Two such units are
offered by Calvert Environmental Equipment Co. and by Hydro-Sonic
Systems, Inc.).
VS-20 = Venturi Scrubber, ca. 20-30 in W.G. [Delta] p
VS-60 = Venturi Scrubber, ca. 60 in W.G. [Delta] p
ESP-l = Electrostatic Precipitator; 1 stage
ESP-2 = Electrostatic Precipitator; 2 stage
ESP-4 = Electrostatic Precipitator; 4 stage
IWS = Ionizing Wet Scrubber
DS = Dry Scrubber
FF = Fabric Filter (Baghouse)
SD = Spray Dryer (Wet/Dry Scrubber)
8.4 References
1. U.S. Environmental Protection Agency. ``Guidance on Metals and
Hydrogen Chloride Controls for Hazardous Waste Incinerators,'' Office of
Solid Waste, Washington, DC, August 1989.
[[Page 121]]
2. Carroll, G.J., R.C. Thurnau, R.E. Maurnighan, L.R. Waterland, J.W.
Lee, and D.J. Fournier. The Partitioning of Metals in Rotary Kiln
Incineration. Proceedings of the Third International Conference on New
Frontiers for Hazardous Waste Management. NTIS Document No. EPA/600/9-
89/072, p. 555 (1989).
Section 9.0 Procedures for Determining Default Values for Partitioning
of Metals, Ash, and Total Chloride/Chlorine
Pollutant partitioning factor estimates can come from two sources:
default assumptions or engineering judgement. EPA's default assumptions
are discussed below for metals, HCl, Cl2, and PM. The default
assumptions are used to conservatively predict the partitioning factor
for several types of BIFs. Engineering judgement-based partitioning
factor estimates are discussed in section 9.4.
9.1 Partitioning Default Value for Metals
To be conservative, the Agency is assuming that 100 percent of each
metal in each feed stream is partitioned to the combustion gas. Owners/
operators may use this default value or a supportable, site-specific
value developed following the general guidelines provided in section
9.4.
9.2 Special Procedures for Chlorine, HCl, and Cl2
The Agency has established the special procedures presented below
for chlorine because the emission limits are based on the pollutants HCl
and Cl2 formed from chlorine fed to the combustor. Therefore,
the owner/operator must estimate the controlled emission rate of both
HCl and Cl2 and show that they do not exceed allowable
levels.
1. The default partitioning value for the fraction of chlorine in
the total feed streams that is partitioned to combustion gas is 100
percent. Owners/operators may use this default value or a supportable,
site-specific value developed following the general guidelines provided
in section 9.4.
2. To determine the partitioning of chlorine in the combustion gas
to HCl versus Cl2, either use the default values below or use
supportable site-specific values developed following the general
guidelines provided in section 9.4.
For BIFs excluding halogen acid furnaces (HAFs),
with a total feed stream chlorine/hydrogen ratio <=0.95, the default
partitioning factor is 20 percent Cl2, 80 percent HCl.
For HAFs and for BIFs with a total feed stream
chlorine/hydrogen ratio 0.95, the default partitioning factor
is 100 percent Cl2.
3. To determine the uncontrolled (i.e., prior to acid gas APCS)
emission rate of HCl and Cl2, multiply the feed rate of
chlorine times the partitioning factor for each pollutant. Then, for
HCl, convert the chlorine emission rate to HCl by multiplying it by the
ratio of the molecular weight of HCl to the molecular weight of Cl
(i.e., 36.5/35.5). No conversion is needed for Cl2.
9.3 Special Procedures for Ash
This section: (1) Explains why ash feed rate limits are not
applicable to cement and light-weight aggregate kilns; (2) presents the
default partitioning values for ash; and (3) explains how to convert the
0.08 gr/dscf, corrected to 7% O2, PM emission limit to a PM
emission rate.
Waiver for Cement and Light-Weight Aggregate Kilns. For cement kilns
and light-weight aggregate kilns, raw material feed streams contain the
vast majority of the ash input, and a significant amount of the ash in
the feed stream is entrained into the kiln exhaust gas. For these
devices, the ash content of the hazardous waste stream is expected to
have a negligible effect on total ash emissions. For this reason, there
is no ash feed rate compliance limit for cement kilns or light-weight
aggregate kilns. Nonetheless, cement kilns and light-weight aggregate
kilns are required to initially certify that PM emissions are not likely
to exceed the PM limit, and subsequently, certify through compliance
testing that the PM limit is not exceeded.
Default Partitioning Value for Ash. The default assumption for
partitioning of ash depends on the feed stream firing system. There are
two methods by which materials may be fired into BIFs: Suspension-firing
and bed-firing.
The suspension category includes atomized and lanced pumpable
liquids and suspension-fired pulverized solids. The default partitioning
assumption for materials fired by these systems is that 100 percent of
the ash partitions to the combustion gas.
The bed-fired category consists principally of stoker boilers and
raw materials (and in some cases containerized hazardous waste) fed into
cement and light-weight aggregate kilns. The default partitioning
assumption for materials fired on a bed is that 5 percent of the ash
partitions to the combustion gas.
Converting the PM Concentration-Based Standard to a PM Mass Emission
Rate. The emission limit for BIFs is 0.08 gr/dscf, corrected to 7%
02, unless a more stringent standard applies [e.g., a New
Source Performance Standard (NSPS) or a State standard implemented under
the State Implementation Plan (SIP)]. To convert the 0.08 gr/dscf
standard to a PM mass emission rate:
1. Determine the flue gas 02 concentration (percent by
volume, dry) and flue gas flow rate (dry standard cubic feet per
minute); and
2. Calculate the allowable PM mass emission rate by multiplying the
concentration-
[[Page 122]]
based PM emission standard times the flue gas flow rate times a dilution
correction factor equal to [(21-02 concentration from step
1)/(21-7)].
9.4 Use of Engineering Judgement To Estimate Partitioning and APCS RE
Values
Engineering judgement may be used in place of EPA's conservative
default assumptions to estimate partitioning and APCS RE values provided
that the engineering judgement is defensible and properly documented. To
properly document engineering judgement, the owner/operator must keep a
written record of all assumptions and calculations necessary to justify
the APCS RE used. The owner/operator must provide this record to the
Director upon request and must be prepared to defend the assumptions and
calculations used.
If the engineering judgement is based on emissions testing, the
testing will often document the emission rate of a pollutant relative to
the feed rate of that pollutant rather than the partitioning factor or
APCS RE.
Examples of situations where the use of engineering judgement may be
supportable to estimate a partitioning factor, APCS RE, or SRE include:
Using emissions testing data from the facility to
support an SRE, even though the testing may not meet full QA/QC
procedures (e.g., triplicate test runs). The closer the test results
conform with full QA/QC procedures and the closer the operating
conditions during the test conform with the established operating
conditions for the facility, the more supportable the engineering
judgement will be.
Applying emissions testing data documenting an
SRE for one metal, including nonhazardous surrogate metals to another
less volatile metal.
Applying emissions testing data documenting an
SRE from one facility to a similar facility.
Using APCS vendor guarantees of removal
efficiency.
9.5 Restrictions on Use of Test Data
The measurement of an SRE or an APCS RE may be limited by the
detection limits of the measurement technique. If the emission of a
pollutant is undetectable, then the calculation of SRE or APCS RE should
be based on the lower limit of detectability. An SRE or APCS RE of 100
percent is not acceptable.
Further, mass balance data of facility inputs, emissions, and
products/residues may not be used to support a partitioning factor,
given the inherent uncertainties of such procedures. Partitioning
factors other than the default values may be supported based on
engineering judgement, considering, for example, process chemistry.
Emissions test data may be used to support an engineering judgement-
based SRE, which includes both partitioning and APCS RE.
9.5 References
1. Barton, R.G., W.D. Clark, and W.R. Seeker. (1990) ``Fate of Metals in
Waste Combustion Systems''. Combustion Science and Technology. 74, 1-6,
p. 327
Section 10.0 Alternative Methodology for Implementing Metals Controls
10.1 Applicability
This method for controlling metals emissions applies to cement kilns
and other industrial furnaces operating under interim status that
recycle emission control residue back into the furnace.
10.2 Introduction
Under this method, cement kilns and other industrial furnaces that
recycle emission control residue back into the furnace must comply with
a kiln dust concentration limit (i.e., a collected particulate matter
(PM) limit) for each metal, as well as limits on the maximum feedrates
of each of the metals in: (1) pumpable hazardous waste; and (2) all
hazardous waste.
The following subsections describe how this method for controlling
metals emissions is to be implemented:
Subsection 10.3 discusses the basis of the method
and the assumptions upon which it is founded;
Subsection 10.4 provides an overview of the
implementation of the method;
Subsection 10.5 is a step-by-step procedure for
implementation of the method;
Subsection 10.6 describes the compliance
procedures for this method; and
Appendix A describes the statistical calculations
and tests to be used in the method.
10.3 Basis
The viability of this method depends on three fundamental
assumptions:
(1) Variations in the ratio of the metal concentration in the
emitted particulate to the metal concentration in the collected kiln
dust (referred to as the enrichment factor or EF) for any given metal at
any given facility will fall within a normal distribution that can be
experimentally determined.
(2) The metal concentrations in the collected kiln dust can be
accurately and representatively measured.
(3) The facility will remain in compliance with the applicable
particulate matter (PM) emission standard.
Given these assumptions. metal emissions can be related to the
measured concentrations in the collected kiln dust by the following
equation:
[[Page 123]]
[GRAPHIC] [TIFF OMITTED] TC06NO91.014
Where:
ME is the metal emitted;
PME is the particulate matter emitted;
DMC is the metal concentration in the collected kiln dust; and
EF is the enrichment factor, which is the ratio of the metal
concentration in the emitted particulate matter to the metal
concentration in the collected kiln dust.
This equation can be rearranged to calculate a maximum allowable
dust metal concentration limit (DMCL) by assuming worst-case conditions
that: metal emissions are at the Tier III (or Tier II) limit (see 40 CFR
266.106), and that particulate emissions are at the particulate matter
limit (PML):
[GRAPHIC] [TIFF OMITTED] TC06NO91.015
The enrichment factor used in the above equation must be determined
experimentally from a minimum of 10 tests in which metal concentrations
are measured in kiln dust and stack samples taken simultaneously. This
approach provides a range of enrichment factors that can be inserted
into a statistical distribution (t-distribution) to determine
EF95 and EF99.
EF95 is the value at which there is a 95% confidence
level that the enrichment factor is below this value at any given time.
Similarly, EF99 is the value at which there is a 99%
confidence level that the enrichment factor is below this value at any
given time. EF95 is used to calculate the
``violation'' dust metal concentration limit (DMCLv):
[GRAPHIC] [TIFF OMITTED] TC06NO91.016
If the kiln dust metal concentration is just above this
``violation'' limit, and the PM emissions are at the PM emissions limit,
there is a 5% chance that the metal emissions are above the Tier III
limit. In such a case, the facility would be in violation of the metals
standard.
To provide a margin of safety, a second, more conservative kiln dust
metal concentration limit is also used. This ``conservative'' dust metal
concentration limit (DMCLc) is calculated using a ``safe''
enrichment factor (SEF). If EF99 is greater than two
times the value of EF95, the ``safe'' enrichment
factor can be calculated using Equation 4a:
SEF=2 EF95 (4a)
[[Page 124]]
If EF99 is not greater than two times the value
of EF95, the ``safe'' enrichment factor can be
calculated using Equation 4b:
SEF=EF99 (4b)
In cases where the enrichment factor cannot be determined because
the kiln dust metal concentration is nondetectable, the ``safe''
enrichment factor is as follows:
SEF = 100 (4c)
For all cases, the ``conservative'' dust metal concentration limit
is calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.017
If the kiln dust metal concentration at a facility is just above the
``conservative'' limit based on that ``safe'' enrichment factor provided
in Equation 4a, and the PM emissions are at the PM emissions limit,
there is a 5% chance that the metal emissions are above one-half the
Tier III limit. If the kiln dust metal concentration at the facility is
just above the ``conservative'' limit based on the ``safe'' enrichment
factor provided in Equation 4b, and the PM emissions are at the PM
emissions limit, there is a 1% chance that the metal emissions are above
the Tier III limit. In either case, the facility would be unacceptably
close to a violation. If this situation occurs more than 5% of the time,
the facility would be required to rerun the series of 10 tests to
determine the enrichment factor. To avoid this expense, the facility
would be advised to reduce its metals feedrates or to take other
appropriate measures to maintain its kiln dust metal concentrations in
compliance with the ``conservative'' dust metal concentration limits.
In cases where the enrichment factor cannot be determined because
the kiln dust metal concentration is nondetectable, and thus no
EF95 exists, the ``violation'' dust metal
concentration limit is set at ten times the ``conservative'' limit:
DMCLv = 10 x DMCLc (6)
10.4 Overview
The flowchart for implementing the method is shown in Figure 10.4-1.
The general procedure is as follows:
Follow the certification of precompliance
procedures described in subsection 10.6 (to comply with 40 CFR
266.103(b)).
For each metal of concern, perform a series of
tests to establish the relationship (enrichment factor) between the
concentration of emitted metal and the metal concentration in the
collected kiln dust.
Use the demonstrated enrichment factor, in
combination with the Tier III (or Tier II) metal emission limit and the
most stringent applicable particulate emission limit, to calculate the
``violation'' and ``conservative'' dust metal concentration limits.
Include this information with the certification of compliance under 40
CFR 266.103(c).
[[Page 125]]
[GRAPHIC] [TIFF OMITTED] TC01AU92.042
Perform daily and/or weekly monitoring of the
cement kiln dust metal concentration to ensure (with appropriate QA/QC)
that the metal concentration does not exceed either limit.
--If the cement kiln dust metal concentration exceeds the
``conservative'' limit more than 5% of the time (i.e., more than three
failures in last 60 tests), the series of tests to determine the
enrichment factor must be repeated.
--If the cement kiln dust metal concentration exceeds the ``violation''
limit, a violation has occurred.
Perform quarterly tests to verify that the
enrichment factor has not increased significantly. If the enrichment
factor has increased, the series of tests to determine the enrichment
factor must be repeated.
[[Page 126]]
10.5 Implementation Procedures
A step-by-step description for implementing the method is provided
below:
(1) Prepare initial limits and test plans.
Determine the Tier III metal emission limit. The
Tier II metal emission limit may also be used (see 40 CFR 266.106).
Determine the applicable PM emission standard.
This standard is the most stringent particulate emission standard that
applies to the facility. A facility may elect to restrict itself to an
even more stringent self-imposed PM emission standard, particularly if
the facility finds that it is easier to control particulate emissions
than to reduce the kiln dust concentration of a certain metal (i.e.,
lead).
Determine which metals need to be monitored
(i.e., all hazardous metals for which Tier III emission limits are lower
than PM emission limits--assuming PM is pure metal).
Follow the compliance procedures described in
Subsection 10.6.
Follow appropriate guidelines for preparing test
plans and waste analysis plans for the following tests:
--Compliance tests to determine limits on metal feedrates in pumpable
hazardous wastes and in all hazardous wastes (as well as to determine
other compliance parameters);
--Initial tests to determine enrichment factors;
--Quarterly tests to verify enrichment factors;
--Analysis of hazardous waste feedstreams; and
--Daily and/or weekly monitoring of kiln dust for continuing compliance.
(2) Conduct tests to determine the enrichment factor.
These tests must be conducted within a 14-day
period. No more than two tests may be conducted in any single day. If
the tests are not completed within a 14-day period, they must be
repeated.
Simultaneous stack samples and kiln dust samples
must be taken.
--Stack sampling must be conducted with the multiple metals train
according to procedures provided in section 10.3 of this Methods Manual.
--Kiln dust sampling must be conducted as follows:
--Follow appropriate sampling and analytical procedures such as those
described in the waste analysis plan as they pertain to the condition
and accessibility of the dust.
--Samples should be representative of the last ESP or Fabric Filter in
the APCS series.
The feedrates of hazardous metals in all pumpable
hazardous waste streams and in all hazardous waste streams must be
monitored during these tests. It is recommended (but not required) that
the feedrates of hazardous metals in all feedstreams also be monitored.
At least ten single (noncomposited) runs are
required during the tests.
--The facility must follow a normal schedule of kiln dust recharging for
all of the tests.
--Three of the first five tests must be compliance tests in conformance
with 40 CFR 266.103(c); i.e., they must be used to determine maximum
allowable feedrates of metals in pumpable hazardous wastes, and in all
hazardous wastes, as well as to determine other compliance limits (see
40 CFR 266.103(c)(1)).
--The remainder of the tests need not be conducted under full compliance
test conditions; however, the facility must operate at its compliance
test production rate, and it must burn hazardous waste during these
tests such that the feedrate of each metal for pumpable and total
hazardous wastes is at least 25% of the feedrate during compliance
testing. If these criteria, and those discussed below, are not met for
any parameter during a test, then either the test is not valid for
determining enrichment factors under this method, or the compliance
limits for that parameter must be established based on these test
conditions rather than on the compliance test conditions.
Verify that compliance emission limits are not
exceeded.
--Metal emissions must not exceed Tier III (or Tier II) limits.
--PM emissions must not exceed the most stringent of applicable PM
standards (or an optional self-imposed particulate standard).
The facility must generate normal, marketable
product using normal raw materials and fuels under normal operating
conditions (for parameters other than those specified under this method)
when these tests are conducted.
Chromium must be treated as a special case:
--The enrichment factor for total chromium is calculated in the same way
as the enrichment factor for other metals (i.e., the enrichment factor
is the ratio of the concentration of total chromium in the emitted
particulate matter to the concentration of total chromium in the
collected kiln dust).
--The enrichment factor for hexavalent chromium (if measured) is defined
as the ratio of the concentration of hexavalent chromium in the emitted
particulate matter to the concentration of total chromium in the
collected kiln dust.
(3) Use the enrichment factors measured in Step 2 to determine
EF95, EF99, and SEF.
Calculate EF95 and
EF99 according to the t-distribution as described in
Appendix A
Calculate SEF by
[[Page 127]]
--Equation 4a if EF95 is determinable and if
EF99 is greater than two times
EF95 ,
--Equation 4b if EF95 is determinable and if
EF99 is not greater than two times
EF95,
--Equation 4c if EF95 is not determinable.
The facility may choose to set an even more conservative SEF to give
itself a larger margin of safety between the point where corrective
action is necessary and the point where a violation occurs.
(4) Prepare certification of compliance.
Calculate the ``conservative'' dust metal
concentration limit (DMCLc) using Equation 5.
--Chromium is treated as a special case. The ``conservative'' kiln dust
chromium concentration limit is set for total chromium, not for
hexavalent chromium. The limit for total chromium must be calculated
using the Tier III (or Tier II) metal limit for hexavalent chromium.
--If the stack samples described in Step 2 were analyzed for hexavalent
chromium, the SEF based on the hexavalent chromium enrichment factors
(as defined in Step 2) must be used in this calculation.
--If the stack samples were not analyzed for hexavalent chromium, then
the SEF based on the total chromium enrichment factor must be used in
this calculation.
Calculate the ``violation'' dust metal
concentration limit (DMCLv) using Equation 3 if
EF95 is determinable, or using Equation 6 if
EF95 is not determinable.
--Chromium is treated as a special case. The ``violation'' kiln dust
chromium concentration limit is set for total chromium, not for
hexavalent chromium. The limit for total chromium must be calculated
using the Tier III (or Tier II) metal limit for hexavalent chromium.
--If the stack samples taken in Step 2 were analyzed for hexavalent
chromium, the EF95 based on the hexavalent chromium
enrichment factor (as defined in Step 2) should be used in this
calculation.
--If the stack samples were not analyzed for hexavalent chromium, the
EF95 based on the total chromium enrichment factor
must be used in this calculation.
Submit certification of compliance.
Steps 2-4 must be repeated for recertification,
which is required once every 3 years (see Sec. 266.103(d)).
(5) Monitor metal concentrations in kiln dust for continuing
compliance, and maintain compliance with all compliance limits for the
duration of interim status.
Metals to be monitored during compliance testing
are classified as either ``critical'' or ``noncritical'' metals.
--All metals must initially be classified as ``critical'' metals and be
monitored on a daily basis.
--A ``critical'' metal may be reclassified as a ``noncritical'' metal if
its concentration in the kiln dust remains below 10% of its
``conservative'' kiln dust metal concentration limit for 30 consecutive
daily samples. ``Noncritical'' metals must be monitored on a weekly
basis.
--A ``noncritical'' metal must be reclassified as a ``critical'' metal
if its concentration in the kiln dust is above 10% of its
``conservative'' kiln dust metal concentration limit for any single
daily or weekly sample.
Noncompliance with the sampling and analysis
schedule prescribed by this method is a violation of the metals controls
under Sec. 266.103.
Follow the sampling, compositing, and analytical
procedures described in this method and in other appropriate methods, as
they pertain to the condition and accessibility of the kiln dust.
Follow the same procedures and sample at the same
locations as were used for kiln dust samples collected to determine the
enrichment factors (as discussed in Step 2).
Samples must be collected at least once every 8
hours, and a daily composite must be prepared according to appropriate
procedures.
--At least one composite sample is required. This sample is referred to
as the ``required'' sample.
--For QA/QC purposes, a facility may elect to collect two or more
additional samples. These samples are referred to as the ``spare''
samples. These additional samples must be collected over the same time
period and according to the same procedures as those used for the
``required'' sample.
--Samples for ``critical'' metals must be daily composites.
--Samples for ``noncritical'' metals must be weekly composites. These
samples can be composites of the original 8-hour samples, or they can be
composites of daily composite samples.
Analyze the ``required'' sample to determine the
concentration of each metal.
--This analysis must be completed within 48 hours of the close of the
sampling period. Failure to meet this schedule is a violation of the
metals standards of Sec. 266.103.
If the ``conservative'' kiln dust metal
concentration limit is exceeded for any metal, refer to Step 8.
If the ``conservative'' kiln dust metal
concentration limit is not exceeded, continue with the daily or weekly
monitoring (Step 5) for the duration of interim status.
Conduct quarterly enrichment factor verification
tests, as described in Step 6.
(6) Conduct quarterly enrichment factor verification tests.
After certification of compliance with the metals
standards, a facility must conduct quarterly enrichment factor
verification tests every three months for the
[[Page 128]]
duration of interim status. The first quarterly test must be completed
within three months of certification (or recertification). Each
subsequent quarterly test must be completed within three months of the
preceding quarterly test. Failure to meet this schedule is a violation.
Simultaneous stack samples and kiln dust samples
must be collected.
Follow the same procedures and sample at the same
locations as were used for kiln dust samples and stack samples collected
to determine the enrichment factors (as discussed in Step 2).
At least three single (noncomposited) runs are
required. These tests need not be conducted under the operating
conditions of the initial compliance test; however, the facility must
operate under the following conditions:
--It must operate at compliance test production rate.
--It must burn hazardous waste during the test, and for the 2-day period
immediately preceding the test, such that the feedrate of each metal for
pumpable and total hazardous wastes consist of at least 25% of the
operating limits established during the compliance test.
--It must remain in compliance with all compliance parameters (see Sec.
266.103(c)(1)).
--It must follow a normal schedule of kiln dust recharging.
--It must generate normal marketable product from normal raw materials
during the tests.
(7) Conduct a statistical test to determine if the enrichment
factors measured in the quarterly verification tests have increased
significantly from the enrichment factors determined in the tests
conducted in Step 2. The enrichment factors have increased significantly
if all three of the following criteria are met:
By applying the t-test described in appendix A,
it is determined that the enrichment factors measured in the quarterly
tests are not taken from the same population as the enrichment factors
measured in the Step 2 tests;
The EF95 calculated for the
combined data sets (i.e., the quarterly test data and the original Step
2 test data) according to the t-distribution (described in appendix A)
is more than 10% higher than the EF95 based on the
enrichment factors previously measured in Step 2; and
The highest measured kiln dust metal
concentration recorded in the previous quarter is more than 10% of the
``violation'' kiln dust concentration limit that would be calculated
from the combined EF95.
If the enrichment factors have increased significantly, the tests to
determine the enrichment factors must be repeated (refer to Step 11). If
the enrichment factors have not increased significantly, continue to use
the kiln dust metal concentration limits based on the enrichment factors
previously measured in Step 2, and continue with the daily and/or weekly
monitoring described in Step 5.
(8) If the ``conservative'' kiln dust metal concentration limit was
exceeded for any metal in any single analysis of the ``required'' kiln
dust sample, the ``spare'' samples corresponding to the same period may
be analyzed to determine if the exceedance was due to a sampling or
analysis error.
If no ``spare'' samples were taken, refer to Step
9.
If the average of all the samples for a given day
(or week, as applicable) (including the ``required'' sample and the
``spare'' samples) does not exceed the ``conservative'' kiln dust metal
concentration limit, no corrective measures are necessary; continue with
the daily and/or weekly monitoring as described in Step 5.
If the average of all the samples for a given day
(or week, as applicable) exceeds the ``conservative'' kiln dust metal
concentration limit, but the average of the ``spare'' samples is below
the ``conservative'' kiln dust metal concentration limit, apply the Q-
test, described in appendix A, to determine whether the ``required''
sample concentration can be judged as an outlier.
--If the ``required'' sample concentration is judged an outlier, no
corrective measures are necessary; continue with the daily and/or weekly
monitoring described in Step 5.
--If the ``required'' sample concentration is not judged an outlier,
refer to Step 9.
(9) Determine if the ``violation'' kiln dust metal concentration has
been exceeded based on either the average of all the samples collected
during the 24-hour period in question, or if discarding an outlier can
be statistically justified by the Q-test described in appendix A, on the
average of the remaining samples.
If the ``violation'' kiln dust metal
concentration limit has been exceeded, a violation of the metals
controls under Sec. 266.103(c) has occurred. Notify the Director that a
violation has occurred. Hazardous waste may be burned for testing
purposes for up to 720 operating hours to support a revised
certification of compliance. Note that the Director may grant an
extension of the hours of hazardous waste burning under Sec.
266.103(c)(7) if additional burning time is needed to support a revised
certification for reasons beyond the control of the owner or operator.
Until a revised certification of compliance is submitted to the
Director, the feedrate of the metals in violation in total and pumpable
hazardous waste feeds is limited to 50% of the previous compliance test
limits.
If the ``violation'' kiln dust metal
concentration has not been exceeded:
--If the exceedance occurred in a daily composite sample, refer to Step
10.
[[Page 129]]
--If the exceedance occurred in a weekly composite sample, refer to Step
11.
(10) Determine if the ``conservative'' kiln dust metal concentration
limit has been exceeded more than three times in the last 60 days.
If not, log this exceedance and continue with the
daily and/or weekly monitoring (Step 5).
If so, the tests to determine the enrichment
factors must be repeated (refer to Step 11).
This determination is made separately for each
metal. For example,
--Three exceedances for each of the ten hazardous metals are allowed
within any 60-day period.
--Four exceedances of any single metal in any 60-day period is not
allowed.
This determination should be made daily,
beginning on the first day of daily monitoring. For example, if four
exceedances of any single metal occur in the first four days of daily
monitoring, do not wait until the end of the 60-day period; refer
immediately to Step 11.
(11) The tests to determine the enrichment factor must be repeated
if: (1) More than three exceedances of the ``conservative'' kiln dust
metal concentration limit occur within any 60 consecutive daily samples;
(2) an excursion of the ``conservative'' kiln dust metal concentration
limit occurs in any weekly sample; or (3) a quarterly test indicates
that the enrichment factors have increased significantly.
The facility must notify the Director if these
tests must be repeated.
The facility has up to 720 hazardous-waste-
burning hours to redetermine the enrichment factors for the metal or
metals in question and to recertify (beginning with a return to Step 2).
During this period, the facility must reduce the feed rate of the metal
in violation by 50%. If the facility has not completed the
recertification process within this period, it must stop burning or
obtain an extension. Hazardous waste burning may resume only when the
recertification process (ending with Step 4) has been completed.
Meanwhile, the facility must continue with daily
kiln dust metals monitoring (Step 5) and must remain in compliance with
the ``violation'' kiln dust metal concentration limits (Step 9).
10.6 Precompliance Procedures
Cement kilns and other industrial furnaces that recycle emission
control residue back into the furnace must comply with the same
certification schedules and procedures (with the few exceptions
described below) that apply to other boilers and industrial furnaces.
These schedules and procedures, as set forth in Sec. 266.103, require
no later than the effective date of the rule, each facility submit a
certification which establishes precompliance limits for a number of
compliance parameters (see Sec. 266.103(b)(3)), and that each facility
immediately begin to operate under these limits.
These precompliance limits must ensure that interim status emissions
limits for hazardous metals, particulate matter, HCl, and Cl2
are not likely to be exceeded. Determination of the values of the
precompliance limits must be made based on either (1) conservative
default assumptions provided in this Methods Manual, or (2) engineering
judgement.
The flowchart for implementing the precompliance procedures is shown
in Figure 10.6-1. The step-by-step precompliance implementation
procedure is described below. The precompliance implementation
procedures and numbering scheme are similar to those used for the
compliance procedures described in Subsection 10.5.
(1) Prepare initial limits and test plans.
Determine the Tier III metal emission limit. The
Tier II metal emission limit may also be used (see 40 CFR 266.106).
Determine the applicable PM emission standard.
This standard is the most stringent particulate emission standard that
applies to the facility. A facility may elect to restrict itself to an
even more stringent self-imposed PM emission standard, particularly if
the facility finds that it is easier to control particulate emissions
than to reduce the kiln dust concentration of a certain metal (i.e.,
lead).
Determine which metals need to be monitored
(i.e., all hazardous metals for which Tier III emission limits are lower
than PM emission limits, assuming PM is pure metal).
Follow appropriate procedures for preparing waste
analysis plans for the following tasks:
--Analysis of hazardous waste feedstreams.
--Daily and/or weekly monitoring of kiln dust concentrations for
continuing compliance.
(2) Determine the ``safe'' enrichment factor for precompliance. In
this context, the ``safe'' enrichment factor is a conservatively high
estimate of the enrichment factor (the ratio of the emitted metal
concentration to the metal concentration in the collected kiln dust).
The ``safe'' enrichment factor must be calculated from either
conservative default values, or engineering judgement.
[[Page 130]]
[GRAPHIC] [TIFF OMITTED] TC01AU92.043
Conservative default values for the ``safe''
enrichment factor are as follows:
--SEF = 10 for all hazardous metals except mercury. SEF = 10 for
antimony, arsenic, barium, beryllium, cadmium, chromium, lead, silver,
and thallium.
--SEF = 100 for mercury.
Engineering judgement may be used in place of
conservative default assumptions provided that the engineering judgement
is defensible and properly documented. The facility must keep a written
record of all assumptions and calculations necessary to justify the SEF.
The facility must provide this record to EPA upon request and must be
prepared to defend these assumptions and calculations.
Examples of situations where the use of engineering judgement is
appropriate include:
--Use of data from precompliance tests;
--Use of data from previous compliance tests; and
--Use of data from similar facilities.
(3) This step does not apply to precompliance procedures.
(4) Prepare certification of precompliance.
[[Page 131]]
Calculate the ``conservative'' dust metal
concentration limit (DMCLc) using Equation 5.
Submit certification of precompliance. This
certification must include precompliance limits for all compliance
parameters that apply to other boilers and industrial furnaces (i.e.,
those that do not recycle emission control residue back into the
furnace) as listed in Sec. 266.103(b)(3), except that it is not
necessary to set precompliance limits on maximum feedrate of each
hazardous metal in all combined feedstreams.
Furnaces that recycle collected PM back into the
furnace (and that elect to comply with this method (see Sec.
266.103(c)(3)(ii)) are subject to a special precompliance parameter,
however. They must establish precompliance limits on the maximum
concentration of each hazardous metal in collected kiln dust (which must
be set according to the procedures described above).
(5) Monitor metal concentration in kiln dust for continuing
compliance, and maintain compliance with all precompliance limits until
certification of compliance has been submitted.
Metals to be monitored during precompliance
testing are classified as either ``critical'' or ``noncritical'' metals.
--All metals must initially be classified as ``critical'' metals and be
monitored on a daily basis.
--A ``critical'' metal may be reclassified as a ``noncritical'' metal if
its concentration in the kiln dust remains below 10% of its
``conservative'' kiln dust metal concentration limit for 30 consecutive
daily samples. ``Noncritical'' metals must be monitored on a weekly
basis, at a minimum.
--A ``noncritical'' metal must be reclassified as a ``critical'' metal
if its concentration in the kiln dust is above 10% of its
``conservative'' kiln dust metal concentration limit for any single
daily or weekly sample.
It is a violation if the facility fails to
analyze the kiln dust for any ``critical'' metal on any single day or
for any ``noncritical'' metal during any single week, when hazardous
waste is burned.
Follow the sampling, compositing, and analytical
procedures described in this method and in other appropriate methods as
they pertain to the condition and accessibility of the kiln dust.
Samples must be collected at least once every 8
hours, and a daily composite must be prepared according to appropriate
procedures.
--At least one composite sample is required. This sample is referred to
as the ``required'' sample.
--For QA/QC purposes, a facility may elect to collect two or more
additional samples. These samples are referred to as the ``spare''
samples. These additional samples must be collected over the same time
period and according to the same procedures as those used for the
``required'' sample.
--Samples for ``critical'' metals must be daily composites.
--Samples for ``noncritical'' metals must be weekly composites, at a
minimum. These samples can be composites of the original 8-hour samples,
or they can be composites of daily composite samples.
Analyze the ``required'' sample to determine the
concentration of each metal.
--This analysis must be completed within 48 hours of the close of the
sampling period. Failure to meet this schedule is a violation.
If the ``conservative'' kiln dust metal
concentration limit is exceeded for any metal, refer to Step 8.
If the ``conservative'' kiln dust metal
concentration limit is not exceeded, continue with the daily and/or
weekly monitoring (Step 5) for the duration of interim status.
(6) This step does not apply to precompliance procedures.
(7) This step does not apply to precompliance procedures.
(8) If the ``conservative'' kiln dust metal concentration limit was
exceeded for any metal in any single analysis of the ``required'' kiln
dust sample, the ``spare'' samples corresponding to the same period may
be analyzed to determine if the exceedance is due to a sampling or
analysis error.
If no ``spare'' samples were taken, refer to Step
9.
If the average of all the samples for a given day
(or week, as applicable) (including the ``required'' sample and the
``spare'' samples) does not exceed the ``conservative'' kiln dust metal
concentration limit, no corrective measures are necessary; continue with
the daily and/or weekly monitoring as described in Step 5.
If the average of all the samples for a given day
(or week, as applicable) exceeds the ``conservative'' kiln dust metal
concentration limit, but the average of the ``spare'' samples is below
the ``conservative'' kiln dust metal concentration limit, apply the Q-
test, described in appendix A, to determine whether the ``required''
sample concentration can be judged as an outlier.
--If the ``required'' sample concentration is judged an outlier, no
corrective measures are necessary; continue with the daily and/or weekly
monitoring described in Step 5.
--If the ``required'' sample concentration is not judged an outlier,
refer to Step 10.
(9) This step does not apply to precompliance procedures.
(10) Determine if the ``conservative'' kiln dust metal concentration
limit has been exceeded more than three times in the last 60 days.
[[Page 132]]
If not, log this exceedance and continue with the
daily and/or weekly monitoring (Step 5).
If so, the tests to determine the enrichment
factors must be repeated (refer to Step 11).
This determination is made separately for each
metal; for example:
--Three exceedances for each of the ten hazardous metals are allowed
within any 60-day period.
--Four exceedances of any single metal in any 60-day period is not
allowed.
This determination should be made daily,
beginning on the first day of daily monitoring. For example, if four
exceedances of any single metal occur in the first four days of daily
monitoring, do not wait until the end of the 60-day period; refer
immediately to Step 11.
(11) A revised certification of precompliance must be submitted to
the Director (or certification of compliance must be submitted) if: (1)
More than three exceedances of the ``conservative'' kiln dust metal
concentration limit occur within any 60 consecutive daily samples; or
(2) an exceedance of the ``conservative'' kiln dust metal concentration
limit occurs in any weekly sample.
The facility must notify the Director if a
revised certification of precompliance must be submitted.
The facility has up to 720 waste-burning hours to
submit a certification of compliance or a revised certification of
precompliance. During this period, the feed rate of the metal in
violation must be reduced by 50%. In the case of a revised certification
of precompliance, engineering judgement must be used to ensure that the
``conservative'' kiln dust metal concentration will not be exceeded.
Examples of how this goal might be accomplished include:
--Changing equipment or operating procedures to reduce the kiln dust
metal concentration;
--Changing equipment or operating procedures, or using more detailed
engineering judgement, to decrease the estimated SEF and thus increase
the ``conservative'' kiln dust metal concentration limit;
--Increasing the ``conservative'' kiln dust metal concentration limit by
imposing a stricter PM emissions standard; or
--Increasing the ``conservative'' kiln dust metal concentration limit by
performing a more detailed risk assessment to increase the metal
emission limits.
Meanwhile, the facility must continue with daily
kiln dust metals monitoring (Step 5).
Appendix A to Appendix IX to Part 266--Statistics
A.1 Determination of Enrichment Factor
After at least 10 initial emissions tests are performed, an
enrichment factor for each metal must be determined. At the 95%
confidence level, the enrichment factor, EF