[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1999 Edition]
[From the U.S. Government Printing Office]


          40



          Protection of Environment



[[Page i]]

          PARTS 266 to 299

                         Revised as of July 1, 1999

          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF JULY 1, 1999
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



[[Page ii]]






                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1999



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:

          Chapter I--Environmental Protection Agency 
          (Continued).........................................       3

  Finding Aids:

      Material Approved for Incorporation by Reference........     623

      Table of CFR Titles and Chapters........................     629

      Alphabetical List of Agencies Appearing in the CFR......     647

      List of CFR Sections Affected...........................     657



[[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 
regulation. Each title is divided into chapters which usually bear the 
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

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 1999), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO 
Customer Service call 202-512-1803.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, The United States 
Government Manual, the Federal Register, Public Laws, Weekly Compilation 
of Presidential Documents and the Privacy Act Compilation are available 
in electronic format at www.access.gpo.gov/nara (``GPO Access''). For 
more information, contact Electronic Information Dissemination Services, 
U.S. Government Printing Office. Phone 202-512-1530, or 888-293-6498 
(toll-free). E-mail, gpoaccess@gpo.gov.
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.nara.gov/fedreg. The NARA 
site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 1999.



[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of twenty-four 
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-End), 
parts 53-59, part 60, parts 61-62, part 63 (63.1-63.1199), part 63 
(63.1200-End), parts 64-71, parts 72-80, parts 81-85, part 86, parts 87-
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 700-789, and 
part 790 to End. The contents of these volumes represent all current 
regulations codified under this title of the CFR as of July 1, 1999.

    Chapter I--Environmental Protection Agency appears in all twenty-
four volumes. A Pesticide Tolerance Commodity/Chemical Index appears in 
parts 150-189. A Toxic Substances Chemical--CAS Number Index appears in 
parts 700-789 and part 790 to End. Redesignation Tables appear in the 
volumes containing parts 50-51, parts 150-189, and parts 700-789. 
Regulations issued by the Council on Environmental Quality appear in the 
volume containing part 790 to End. The OMB control numbers for title 40 
appear in Sec. 9.1 of this chapter.

    For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

[[Page x]]





[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                  (This book contains parts 266 to 299)

  --------------------------------------------------------------------
                                                                    Part

Chapter I--Environmental Protection Agency (Continued)......         266

[[Page 3]]




        CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)         



  --------------------------------------------------------------------

                 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             [Reserved]
268             Land disposal restrictions..................         116
270             EPA administered permit programs: The 
                    Hazardous Waste Permit Program..........         304
271             Requirements for authorization of State 
                    hazardous waste programs................         379
272             Approved State hazardous waste management 
                    programs................................         403
273             Standards for universal waste management....         438
279             Standards for the management of used oil....         453
280             Technical standards and corrective action 
                    requirements for owners and operators of 
                    underground storage tanks (UST).........         479
281             Approval of state underground storage tank 
                    programs................................         550
282             Approved underground storage tank programs..         561
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.

                         Appendices to Part 266

Appendix I--Tier I and Tier II Feed Rate and Emissions Screening Limits 
          for Metals
Appendix II--Tier I Feed Rate Screening Limits for Total Chlorine
Appendix III--Tier II Emission Rate Screening Limits for Free Chlorine 
          and Hydrogen Chloride
Appendix IV--Reference Air Concentrations
Appendix V--Risk Specific Doses (10-5)
Appendix VI--Stack Plume Rise
Appendix VII--Health-Based Limits for Exclusion of Waste-Derived 
          Residues
Appendix VIII--Potential PICs for Determination of Exclusion of Waste-
          Derived Residues
Appendix IX--Methods Manual for Compliance With the BIF Regulations
Appendix X [Reserved]
Appendix XI--Lead-Bearing Materials That May Be Processed in Exempt Lead 
          Smelters
Appendix XII--Nickel or Chromium-Bearing Materials That May Be Processed 
          in Exempt Nickel-Chromium Recovery Furnaces
Appendix XIII--Mercury Bearing Wastes That May Be Processed in Exempt 
          Mercury Recovery Units

    Authority: 42 U.S.C. 1006, 2002(a), 3004, and 3014, 6905, 6906, 
6912, 6922, 6924, 6925, and 6937.

    Source: 50 FR 666, Jan. 4, 1985, unless otherwise noted.

[[Page 6]]

Subparts A--B [Reserved]



 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 or RCRA section 3004(d), where no 
treatment standards have been established) for each recyclable material 
(i.e., hazardous waste) that they contain. Commercial fertilizers that 
are produced for the general public's use that contain recyclable 
materials also are not presently subject to regulation provided they 
meet these same treatment standards or prohibition levels for each 
recyclable material that they contain. However, zinc-containing 
fertilizers using hazardous waste K061 that are produced for the general 
public's use are not presently subject to regulation.
    (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.

[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]



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 and 265 and 
parts 270 and 124 of this chapter and the notification requirement under 
section 3010 of RCRA.



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

[[Page 7]]

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]

Subpart D-E [Reserved]



  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, paladium, irridium, 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), Secs. 263.20 and 263.21 
(for transporters), and Secs. 265.71 and 265.72 (for persons who store) 
of this chapter; and
    (3) For precious metals exported to or imported from designated OECD 
member countries for recovery, subpart H of part 262 and 
Sec. 265.12(a)(2) of this chapter. For precious metals exported to or 
imported from non-OECD countries for recovery, subparts E and F of 40 
CFR part 262.
    (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, 270 and 124 of this chapter.

[50 FR 666, Jan. 4, 1985, as amended at 61 FR 16315, Apr. 12, 1996]



          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.

[[Page 8]]



----------------------------------------------------------------------------------------------------------------
      If your batteries * * *         And if you * * *             Then you * * *              And you * * *
----------------------------------------------------------------------------------------------------------------
(1) Will be reclaimed through                             are exempt from 40 CFR parts     are subject to 40 CFR
 regeneration (such as by                                  262 (except for Sec.  262.11)    parts 261 and Sec.
 electrolyte replacement).                                 263, 264, 265, 266, 268, 270,    262.11 of this
                                                           124 of this chapter, and the     chapter.
                                                           notification requirements at
                                                           section 3010 of RCRA.
----------------------------------------------------------------------------------------------------------------
(2) Will be reclaimed other than    generate, collect,    are exempt from 40 CFR parts     are subject to 40 CFR
 through regeneration.               and/or transport      262 (except for Sec.  262.11)    parts 261 and Sec.
                                     these batteries.      263, 264, 265, 266, 270, 124     262.11, and
                                                           of this chapter, and the         applicable
                                                           notification requirements at     provisions under
                                                           section 3010 of RCRA.            part 268.
----------------------------------------------------------------------------------------------------------------
(3) Will be reclaimed other than    store these           are exempt from 40 CFR parts     are subject to 40 CFR
 through regeneration.               batteries but you     262 (except for Sec.  262.11)    parts 261, Sec.
                                     aren't the            263, 264, 265, 266, 270, 124     262.11, and
                                     reclaimer.            of this chapter, and the         applicable
                                                           notification requirements at     provisions under
                                                           section 3010 of RCRA.            part 268.
----------------------------------------------------------------------------------------------------------------
(4) Will be reclaimed other than    store these           must comply with 40 CFR          are subject to 40 CFR
 through regeneration.               batteries before      266.80(b) and as appropriate     parts 261, Sec.
                                     you reclaim them.     other regulatory provisions      262.11, and
                                                           described in 266.80(b).          applicable
                                                                                            provisions under
                                                                                            part 268.
----------------------------------------------------------------------------------------------------------------
(5) Will be reclaimed other than    don't store these     are exempt from 40 CFR parts     are subject to 40 CFR
 through regeneration.               batteries before      262 (except for Sec.  262.11)    parts 261, Sec.
                                     you reclaim them.     263, 264, 265, 266, 270, 124     262.11, and
                                                           of this chapter, and the         applicable
                                                           notification requirements at     provisions under
                                                           section 3010 of RCRA.            part 268.
----------------------------------------------------------------------------------------------------------------


[[Page 9]]

    (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 Secs. 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.
    (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.

[63 FR 71229, Dec. 24, 1998]



  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), and (f) 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 Secs. 266.104, 266.105, 
266.106, and 266.107 apply to facilities operating under interim status 
or under a RCRA permit as specified in Secs. 266.102 and 266.103.
    (b) 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 
Secs. 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.
    (c) 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

[[Page 10]]

conditionally exempt from regulation under this subpart, except for 
Secs. 266.101 and 266.112.
    (1) To be exempt from Secs. 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 
(c)(3) 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 (c)(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 under 
procedures specified by Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods, SW-846, incorporated by reference in 
Sec. 260.11 of this chapter or alternative methods that meet or exceed 
the SW-846 method performance capabilities. If SW-846 does not prescribe 
a method for a particular determination, the owner or operator shall use 
the best available method; 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 (c)(1)(iii) of this section; or
    (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 
(c)(1)(iii) of this section.
    (3) To be exempt from Secs. 266.102 through 266.111, an owner or 
operator of a lead or nickel-chromium or mercury recovery furnace, 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 (c)(1) of this section. The 
owner or operator must comply with the requirements of paragraph (c)(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 (c)(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 (c)(1) 
of this section, provided that:
    (A) A waste listed in appendix IX 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

[[Page 11]]

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 (c)(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 (c)(1)(ii) of this section and records to 
document compliance with paragraph (c)(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.
    (d) 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.
    (e) The management standards for residues under Sec. 266.112 apply 
to any boiler or industrial furnace burning hazardous waste.
    (f) 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, paladium, irridium, 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 Secs. 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 is burned for recovery of economically significant 
amounts of precious metal using procedures specified by Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods, SW-846, incorporated 
by reference in Sec. 260.11 of this chapter or alternative methods that 
meet or exceed the SW-846 method performance capabilities. If SW-846 
does not prescribe a method for a particular determination, the owner or 
operator shall use the best available method; and
    (3) Maintain at the facility for at least three years records to 
document that all hazardous wastes burned are

[[Page 12]]

burned for recovery of economically significant amounts of precious 
metal.

[56 FR 7208, Feb. 21, 1991; 56 FR 32688, July 17, 1991, as amended at 56 
FR 42513, Aug. 27, 1991; 56 FR 43877, Sept. 5, 1991; 57 FR 27888, June 
22, 1992; 57 FR 38564, Aug. 25, 1992; 57 FR 41612, Sept. 10, 1992; 59 FR 
38545, July 28, 1994; 59 FR 48042, Sept. 19, 1994; 63 FR 42186, Aug. 6, 
1998]



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 facilities. (1) Owners and operators of facilities that 
store hazardous waste that is burned in a boiler or industrial furnace 
are subject to the applicable provisions of parts 264, 265, and 270 of 
this chapter, except as provided by paragraph (c)(2) of this section. 
These standards apply to storage by the burner as well as to storage 
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, 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]



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 
Secs. 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), Secs. 264.11-264.18;
    (iii) In subpart C (Preparedness and prevention), Secs. 264.31-
264.37;
    (iv) In subpart D (Contingency plan and emergency procedures), 
Secs. 264.51-264.56;
    (v) In subpart E (Manifest system, recordkeeping, and reporting), 
the applicable provisions of Secs. 264.71-264.77;
    (vi) In subpart F (Corrective Action), Secs. 264.90 and 264.101;
    (vii) In subpart G (Closure and post-closure), Secs. 264.111-
264.115;
    (viii) In subpart H (Financial requirements), Secs. 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 
Secs. 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 
analytical procedures prescribed by Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods (incorporated by reference, see 
Sec. 260.11 of this chapter). Alternative methods that meet or exceed 
the method performance capabilities of SW-846 methods may be used. If 
SW-846 does not prescribe a method for a particular determination, the 
owner or operator shall use the best available method. The appendix 
VIII, part 261 constituents excluded from this analysis must be 
identified and the basis for their exclusion explained. This analysis 
will be

[[Page 13]]

used to provide all information required by this subpart and Sec. 270.22 
and Sec. 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 Secs. 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 Secs. 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.
    (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 Secs. 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 Secs. 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 Secs. 266.104 through 266.107 based on the 
Director's engineering judgment.

[[Page 14]]

    (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 Secs. 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;
    (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 Secs. 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

[[Page 15]]

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. 266.111(b) 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 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 Secs. 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;

[[Page 16]]

    (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 Secs. 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;
    (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 chorline 
for the hazardous waste, other fuels, and industrial furnace feestocks;
    (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

[[Page 17]]

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 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 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 Secs. 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 Secs. 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

[[Page 18]]

    (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:
    (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 Secs. 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, values, 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.

[[Page 19]]

    (10) Recordkeeping. The owner or operator must keep in the operating 
record of the facility all information and data required by this section 
until closure of the facility.
    (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]



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 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 Secs. 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), Secs. 265.11-265.17;
    (iii) In subpart C (Preparedness and prevention), Secs. 265.31-
265.37;
    (iv) In subpart D (Contingency plan and emergency procedures), 
Secs. 265.51-265.56;
    (v) In subpart E (Manifest system, recordkeeping, and reporting), 
Secs. 265.71-265.77, except that Secs. 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), Secs. 265.111-265.115;
    (vii) In subpart H (Financial requirements), Secs. 265.141, 265.142, 
265.143, and 265.147-265.151, 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:

[[Page 20]]

    (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 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

[[Page 21]]

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 Secs. 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 Secs. 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:
    (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 Secs. 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 Secs. 266.106

[[Page 22]]

(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 
Secs. 266.106(e) or 266.107(e):
    (1) Dispersion model and version used;
    (2) Source of meterological data;
    (3) The dilution factor in micrograms per cubic meter per gram per 
second of 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

[[Page 23]]

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 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 a 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

[[Page 24]]

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;
    (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 Ageny 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.

[[Page 25]]

    (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 
Secs. 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 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 Secs. 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) and the total chlorine and chloride feed rate 
screening limits under Sec. 266.107(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 feedsteams;
    (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);

[[Page 26]]

    (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 Tier I or Adjusted Tier I metals feed 
rate screening limits under Sec. 266.106(b)(1) or (e)):
    (A) Minimum liquid to flue gas ration;
    (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 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;

[[Page 27]]

    (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 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

[[Page 28]]

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 Secs. 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 Secs. 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 Secs. 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;
    (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;

[[Page 29]]

    (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 Secs. 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 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 a 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

[[Page 30]]

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 Secs. 266.104, 266.105, 266.106, and 266.107 by 
August 21, 1992, he/she must either:
    (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

[[Page 31]]

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 
Secs. 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 Secs. 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 Secs. 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 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 Secs. 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 
three 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 
Secs. 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)

[[Page 32]]

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 a 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 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 Secs. 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

[[Page 33]]

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 
until closure of the boiler or industrial furnace unit.
    (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 Secs. 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]



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
    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

[[Page 34]]

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 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.

[[Page 35]]

    (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 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) 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.

[[Page 36]]



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 using analytical 
procedures specified in Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods (SW-846), incorporated by reference in 
Sec. 260.11 of this chapter.
    (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.
    (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

[[Page 37]]

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).
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

[[Page 38]]

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 Secs. 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 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 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

[[Page 39]]

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 Secs. 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 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.

[[Page 40]]

    (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]



Sec. 266.107  Standards to control hydrogen chloride (HCl) and chlorine gas (Cl2) 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.
    (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

[[Page 41]]

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 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


[[Page 42]]


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 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 
constitutent 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 
constitutent 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

[[Page 43]]

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 particular 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
    (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]



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]

[[Page 44]]



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 
Secs. 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 (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 Secs. 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 Secs. 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.

[[Page 45]]

    (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 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 Secs. 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:

[[Page 46]]

    (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. 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. Sampling and analyses 
shall be in conformance with procedures prescribed in Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods, incorporated by 
reference in Sec. 260.11(a) of this chapter.
    (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 (using analytical procedures prescribed in SW-846), 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 (using analytical procedures 
prescribed in SW-846), whichever is higher, shall be used. The levels 
specified in appendix VII of this

[[Page 47]]

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 FO39 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 of magnitude above the level provided by 
Sec. 268.43 for FO39 nonwastewaters. The stay will remain in effect 
until further administrative action is taken and notice is published in 
the Federal Register and the Code of Federal Regulations; and
    (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]

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.

[[Page 48]]

    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 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

[[Page 49]]

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 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

[[Page 50]]

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) (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

[[Page 51]]

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 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.

[[Page 52]]

Pt. 266, App. I

                            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]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
  Terrain adjusted eff. stack ht.
                (m)                      Antimony (g/hr)             Barium (g/hr)               Lead (g/hr)               Mercury (g/hr)             Silver (g/hr)           Thallium (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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 53]]


                             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]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
  Terrain adjusted eff. stack ht.
                (m)                      Antimony (g/hr)             Barium (g/hr)               Lead (g/hr)               Mercury (g/hr)             Silver (g/hr)           Thallium (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
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
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
  Terrain adjusted eff. stack ht.
                (m)                      Antimony (g/hr)             Barium (g/hr)               Lead (g/hr)               Mercury (g/hr)             Silver (g/hr)           Thallium (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

[[Page 54]]

 
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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 Terrain adjusted eff. stack ht.
               (m)                   Arsenic (g/hr)       Cadmium (g/hr)      Chromium (g/hr)    Beryllium (g/hr)     Arsenic (g/hr)      Cadmium (g/hr)      Chromium (g/hr)   Beryllium (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

[[Page 55]]

 
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
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
---------------------------------------------------------------------------------------------------------------------------------------------------------
  Terrain adjusted eff. stack
            ht. (m)                      Arsenic (g/hr)                    Cadmium (g/hr)                    Chromium (g/hr)           Beryllium (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

[[Page 56]]

 
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 57]]

      

                  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]

                        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
                                                                                                                  --------------------------------------
                                       C12 (g/hr)          HC1 (g/hr)          C12 (g/hr)          HC1 (g/hr)          C12 (g/hr)          HC1 (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

[[Page 58]]

 
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
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]

         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 Anyhdride...............................      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

[[Page 59]]

 
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]

                               Appendix V to Part 266--Risk Specific Doses (10-5)
----------------------------------------------------------------------------------------------------------------
                                                                                  Unit risk (m3/
                            Constituent                                CAS No.          ug)         RsD (ug/m3)
----------------------------------------------------------------------------------------------------------------
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
Benxene............................................................      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
Hexachlorodibenxo-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

[[Page 60]]

 
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
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]

                                                        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)
                  Flow rate (m3/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]

[[Page 61]]

  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
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.

[[Page 62]]

    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]

Appendix VIII to Part 266--Potential PICs for Determination of Exclusion 
                        of Waste-Derived Residues

                      PICs Found in Stack Effluents
------------------------------------------------------------------------
                 Volatiles                          Semivolatiles
------------------------------------------------------------------------
Benzene...................................  Bis(2-ethylhexyl)phthalate
Toluene...................................  Naphthalene
Carbon tetrachloride......................  Phenol
Chloroform................................  Diethyl phthalate
Methylene chloride........................  Butyl benzyl phthalate
Trichloroethylene.........................  2,4-Dimethylphenol
Tetrachloroethylene.......................  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
Methyl ethyl ketone.......................  Pentachlorophenol
                                            Pyrene
                                            Dimethyl phthalate
                                            Mononitrobenzene
                                            2,6-Toluene diisocyanate
------------------------------------------------------------------------


[56 FR 7235, Feb. 21, 1991; 56 FR 32691, July 17, 1991]

  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 Toxicity Equipment or 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 Cl,
    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  Overviev
    10.5  Implementation Procedures
    10.6  Precompliance Procedures
Appendix A--Statistics

                        Section 1.0  Introduction

    This document presents required methods for demonstrating compliance 
uith U.S. Environmental Protection Agency regulations for boilers and 
industrial furnaces (BIFs) burning hazardous waste (see 40 CFR part 266, 
subpart H). Included in this document are:
    1. Performance Specifications for Continuous Emission Monitoring 
(CEM) of Carbon Monoxide, Oxygen, and Hydrocarbons in Stack Gases.
    2. Sampling and Analytical (S&A) Methods for Multiple Metals, 
Hexavalent Chromium, HCl and Chlorine, Polychlorinated Dibenzo-p-dioxins 
and Dibenzofurans, and Aldehydes and Ketones.
    3. Procedures for Estimating the Toxicity Equivalency of Chlorinated 
Dibenzo-p-dioxin and Dibenzofuran Congeners.
    4. Hazardous Waste Combustion Air Quality Screening Procedures 
(HWCAQSP).
    5. Simplified Land Use Classification Procedure for Compliance vith 
Tier I and Tier II Limits.
    6. Statistical Methodology for Bevill Residue Determinations.

[[Page 63]]

    7. Procedures for Determining Default Values for Air Pollution 
Control System Removal Efficiencies.
    8. Procedures for Determining Default Values for Partitioning of 
Metals, Ash, and Total Chloride/Chlorine.
    9. Alternate Methodology for Implementing Metals Controls.
    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 
``Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods'' 
(SW-846).
    The CEM performance specifications of section 2.0, the S&A methods 
of section 3.0 and the toxicity equivalency procedure for dioxins and 
furans of section 4.0 are required procedures for determining compliance 
with BIF regulations. The CEM performance specifications and the S&A 
methods are interim. The finalized CEM performance specifications and 
methods will be published in SW-846 or 40 CFR parts 60 and 6l.

    Section 2.0  Performance Specifications for Continuous Emission 
                           Monitoring Systems

 2.l  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

[[Page 64]]

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 (PTM). The PA 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 02). 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

[[Page 65]]

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 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% of 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          3,000         25
                                   limit.
------------------------------------------------------------------------

    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

[[Page 66]]

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.
    2.l.4.6  Relative Accuracy. The result of the PA 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

[[Page 67]]

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 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            -----------------------    O2,
                                         Low range               percent
                                            \1\     High range
------------------------------------------------------------------------
1......................................     0-40    0-600        0-2
2......................................    60-80    900-1200    8-10
3......................................  140-160    2100-2400   14-16
------------------------------------------------------------------------
\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.

[[Page 68]]

    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 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


[[Page 69]]



              Figure 2.1-2  Calibration Error Determination

    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
------------------------------------------------------------------------
                 na                   t0.975   na   t0.975   na   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:
| d|=Absolute value of the mean of the differences (Equation 1).
| CC|=Absolute value of the confidence coefficient (Equation 3).
PTM=Average reference value.
    2.1.7.5  Calibration Error. Calculate CE using Equation 5.

[[Page 70]]

[GRAPHIC] [TIFF OMITTED] TC06NO91.011

where:
d=Mean difference between CEMS response and the known reference 
          concentration.

                            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

[[Page 71]]

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 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

[[Page 72]]

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 
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

[[Page 73]]

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 
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.

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                      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 77]]

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.

                   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, as incorporated by reference 
in Sec. 260.11 of this chapter.

   Section 4.0  Procedure for Estimating the Toxicity Equivalence of 
         Chlorinated Dibenco-P-Dioxin and Dibenzofuran Congeners

    PCDDs and PCDFs must be determined using the method given in section 
3.4 of this document. 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

[[Page 78]]

 
2,3,7,8-HxCDD...............................................       0.1
  Other HxCDDs..............................................       0
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 (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.

[[Page 79]]

    The steps involved in screening methodology are as follows:

Step 1. Define Source Characteristics
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:

 
                                                       Yes         No
 
Is the facility in a valley < km in width?........     ______     ______
Is the terrain rise within 1 km of the facility        ______     ______
 greater than the physical stack height of the
 tallest stack? (Only applies to stacks 20 meters in height)..........................
Is the distance to the nearest shoreline <5 km?        ______     ______
 (Only applies to facilities with stacks 20 meters in height)..........................
For the building listed in Step 1, is the closest      ______     ______
 property boundary <5 times the building height or
 <5 times the maximum projected building width?
 (Only applies to facilities with a stack height
 <2.5 times the building height)..................
 

    If the answer is ``no'' to all the preceding questions, then the 
HWCAQSP is acceptable. If the answer to any question is ``yes'', the 
procedure is not acceptable.

                   Step 3: Select the Worst-Case Stack

    If the facility has several stacks, a worst-case stack must be 
chosen to conservatively represent release conditions at the facility. 
Follow the steps below to identify the worst-case stack.
    Apply the following equation to each stack:
K=HVT

where:

K=an arbitrary parameter accounting for the relative influence of the 
          stack height and plume rise.
H=Physical stack height (m)
V=Flow rate (m\3\/sec)
T=Exhaust temperature ( deg.K)
    Complete the following table to compute the ``K'' value for each 
stack:

[[Page 80]]



------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Stack No.                       Stack height (m)            x          Flow rate (m\3\/sec)          x           Exit temp ( deg.K)           =                    K
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1..................................     __________________________       x       __________________________       x       __________________________       =         ______________________
2..................................     __________________________       x       __________________________       x       __________________________       =         ______________________
3..................................     __________________________       x       __________________________       x       __________________________       =         ______________________
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 81]]

    Select the stack with the lowest ``K'' value. This is the worst-case 
stack that will be used for Steps 4 through 9.

    Worst-Case Stack is identified as Stack No. ______

         Step 4: Verify Good Engineering Practice (GEP) Criteria

    Confirm that the selected worst-case stack meets Good Engineering 
Practice (GEP) criteria. The stack height to be used in the subsequent 
steps of this procedure must not be greater than the maximum GEP. 
Maximum and minimum GEP stack heights are defined as follows:
CEP (minimum)=H+(1.5 x L)
GEP (maximum)=greater of 65 m or H+(1.5 x L)
where:

H=height of the building selected in Step 1 measured from ground level 
          elevation at the base of the stack
L=the lesser dimension of the height or projected width of the building 
          selected in Step 1
    Record the following data for the worst-case stack:
Stack height (m)=__________
H(m)=__________
L(m)=__________

    Then compute the following:
GEP (minimum) (m)=__________
GEP (maximum) (m)=__________

     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.

 
                                                         Effective stack
     GEP stack height (m)       +   Plume rise (m)    =     height (m)
 
           ________             +      ________       =      ________
 

    (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 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.

[[Page 82]]



                            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
     Type \1\              Description              designation \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.


----------------------------------------------------------------------------------------------------------------
                                       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

[[Page 83]]

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, 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=____(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

[[Page 84]]

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)]   (g/m\3\/
                                                             m/sec)
------------------------------------------------------------------------
0.0-0.5..........................       ________            ________
>0.5-2.5.........................       ________            ________
>2.5-5.0.........................       ________            ________
>5.0-20.0........................       ________            ________
------------------------------------------------------------------------


[[Page 85]]


                                 Table 5.0-4.--ISCST Predicted Maximum Concentrations ( g/m\3\)a for Hazardous Waste Combustors Using Urban Conditions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic
                        Distance (KM)                          Source 1   Source 2   Source 3   Source 4   Source 5   Source 6   Source 7   Source 8   Source 9  Source 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 86]]

 
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 ( g/m\3\)a for Hazardous Waste Combustors Using Rural Conditions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic
                        Distance (KM)                          source 1   source 2   source 3   source 4   source 5   source 6   source 7   source 8   source 9  source 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

[[Page 87]]

 
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.......................................................         9.4        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


[[Page 88]]

    (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 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/m    Annual hourly    coefficient (g/m
                                         stack (m)            No.                  \3\/g/sec)                 ratio               \3\/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


[[Page 89]]


    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.
    (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)
------------------------------------------------------------------------
            Stack No.                0-0.5 km   >0.5-2.5 km  >2.5-5.0 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

[[Page 90]]

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 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 91]]


    (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 92]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.034


[[Page 93]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.035


[[Page 94]]

[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 95]]

    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)
                                             Distance ranges (km)         --------------------------------------
             Stack No.             ---------------------------------------          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 (g/m\3\) for 
          pollutant ``N'' from Step 10(F),
Ca=Maximum annual average air concentration for pollutant 
          ``N'' (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 (g/m \3\)    x       R       =     CA(G/
                                                  M&thnsp\3\)
------------------------------------------------------------------------
   ________         ____       x      ____     =           ____
   ________         ____       x      ____     =           ____
------------------------------------------------------------------------

    (J) Use the maximum annual average concentrations from Step 10(I) to 
determine compliance with regulatory requirements.

[[Page 96]]

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
     Type\1\             Description               designation\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 97]]

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 98]]



 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. Mulitple 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 = ((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

    This, 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 99]]

    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 Solid Waste 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 chorine, 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 100]]

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.  p
VS-60=Venturi Scrubber, ca. >60 in W.G.  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                             >140    >140    >140    >140    >140
Beryllium..................................  Be                             1680    1440    1240    1080     980
Antimony...................................  Sb                              680     600     540     480     420
Barium.....................................  Ba                             2060    1840    1680    1540    1420
Lead.......................................  Pb                             >140    >140    >140    >140    >140
Mercury....................................  Hg                              340     300     260     220     180

[[Page 101]]

 
Silver.....................................  Ag                             1080     940     840     740     660
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.

    A waste is considered chlorinated if chlorine is present in 
concentrations greater than 0.1 percent by weight. In the EPA guidance 
document ``Guidance for Metals and Hydrogen Chloride Controls for 
Hazardous Waste Incinerators, Volume IV of the Hazardous Waste 
Incineration Guidance Series,``(1) one percent is used for the 
chlorinated/nonchlorinated cutoff. However, best engineering judgement, 
based on examination of pilot-scale data reported by Carroll et al. (2) 
on the effects of waste chlorine content on metals emissions, suggests 
that the 1 percent cutoff may not be sufficiently conservative.
    Tables 8.1-2 and 8.1-3 were compiled based on equilibrium 
calculations. Metals are classified as very volatile at all temperatures 
above the temperature at which the vapor pressure of the metal is 
greater than 10 percent of the vapor pressure that results in emissions 
exceeding the most conservative risk-based emissions limits.

         8.2  APCS RE Default Values for HCl and Cl2

    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.  p
VS-60=Venturi Scrubber, ca. >60 in W.G.  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.
2. Carroll, G.J., R.C. Thurnau, R.E. Maurnighan, L.R. Waterland, J.W. 
          Lee, and D.J. Fournier. The Partitioning of

[[Page 102]]

          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- based PM emission standard times the flue

[[Page 103]]

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 (using procedures specified in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods'' 
(SW-846), incorporated by reference in 40 CFR 260.11).
    (3) The facility will remain in compliance with the applicable 
particulate matter (PM) emission standard.

[[Page 104]]

    Given these assumptions. metal emissions can be related to the 
measured concentrations in the collected kiln dust by the following 
equation:
[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.

[[Page 105]]

    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:
SEF2 EF95        (4a)Q02
    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 106]]

[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 107]]

                     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 the guidelines described in SW-846 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 the sampling and analytical procedures described in SW-846 and 
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 108]]

--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 SW-846 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 SW-846 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 duration of interim 
status. The first quarterly test must be completed within three

[[Page 109]]

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.
--If the exceedance occurred in a weekly composite sample, refer to Step 
11.


[[Page 110]]


    (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 the procedures described in SW-846 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 111]]

[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 112]]

     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 SW-846 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 prepared according to SW-846 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 113]]

     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, EF95 s, is 
based on the test results and is statistically determined so there is 
only a 5% chance that the enrichment factor at any given time will be 
larger than EF95. Similarly, at the 99% confidence 
level, the enrichment factor, EF99, is statistically 
determined so there is only a 1% chance that the enrichment factor at 
any given time will be larger than EF99.
    For a large number of samples (n > 30), EF95 is 
based on a normal distribution, and is equal to:
EF95=EF+zc         (1)

where:
[GRAPHIC] [TIFF OMITTED] TC06NO91.018

[GRAPHIC] [TIFF OMITTED] TC06NO91.019

    For a 95% confidence level, zc is equal to 1.645.
    For a small number of samples (n<30), EF95 is 
based on the t-distribution and is equal to:
EF95=EF+tc S        (4)

where the standard deviation, S, is defined as:
[GRAPHIC] [TIFF OMITTED] TC06NO91.020

tc is a function of the number of samples and the confidence 
level that is desired. It increases in value as the sample size 
decreases and the confidence level increases. The 95% confidence level 
is used in this method to calculate the ``violation'' kiln dust metal 
concentration limit; and the 99% confidence level is sometimes used to 
calculate the ``conservative'' kiln dust metal concentration limit. 
Values of tc are shown in table A-

[[Page 114]]

1 for various degrees of freedom (degrees of freedom=sample size-1) at 
the 95% and 99% confidence levels. As the sample size approaches 
infinity, the normal distribution is approached.

               A.2  Comparison of Enrichment Factor Groups

    To determine if the enrichment factors measured in the quarterly 
tests are significantly different from the enrichment factors determined 
in the initial Step 2 tests, the t-test is used. In this test, the value 
tmeas:
[GRAPHIC] [TIFF OMITTED] TC06NO91.021


                       Table A-1.--t-Distribution
------------------------------------------------------------------------
                  n-1 or n1+n2-2                       t.95       t.99
------------------------------------------------------------------------
  1...............................................       6.31      31.82
  2...............................................       2.92       6.96
  3...............................................       2.35       4.54
  4...............................................       2.13       3.75
  5...............................................       2.02       3.36
  6...............................................       1.94       3.14
  7...............................................       1.90       3.00
  8...............................................       1.86       2.90
  9...............................................       1.83       2.82
 10...............................................       1.81       2.76
 11...............................................       1.80       2.72
 12...............................................       1.78       2.68
 13...............................................       1.77       2.65
 14...............................................       1.76       2.62
 15...............................................       1.75       2.60
 16...............................................       1.75       2.58
 17...............................................       1.74       2.57
 18...............................................       1.73       2.55
 19...............................................       1.73       2.54
 20...............................................       1.72       2.53
 25...............................................       1.71       2.48
 30...............................................       1.70       2.46
 40...............................................       1.68       2.42
 60...............................................       1.67       2.39
120...............................................       1.66       2.36
 
..................................................      1.645      2.33
------------------------------------------------------------------------
 

[GRAPHIC] [TIFF OMITTED] TC06NO91.022

is compared to tcrit at the desired confidence level. The 95% 
confidence level is used in this method. Values of tcrit are 
shown in table A-1 for various degrees of freedom (degrees of freedom 
n1+n2-2) at the 95% and 99% confidence levels. If 
tmeas is greater then tcrit, it can be concluded 
with 95% confidence that the two groups are not from the same 
population.

                         A.3  Rejection of Data

    If the concentration of any hazardous metal in the ``required'' kiln 
dust sample exceeds the kiln dust metal concentration limit, the 
``spare'' samples are analyzed. If the average of the combined 
``required'' and ``spare'' values is still above the limit, a 
statistical test is used to decide if the upper value can be rejected.
    The ``Q-test'' is used to determine if a data point can be rejected. 
The difference between the questionable result and its neighbor is 
divided by the spread of the entire data set. The resulting ratio, 
Qmeas, is then compared with rejection values that are 
critical for a particular degree of confidence, where Qmeas 
is:
[GRAPHIC] [TIFF OMITTED] TC06NO91.023

The 90% confidence level for data rejection is used in this method. 
Table A-2 provides the values of Qcrit at the 90% confidence 
level. If Qmeas is larger than Qcrit, the data 
point can be discarded. Only one data point from a sample group can be 
rejected using this method.

            Table A-2.--Critical Values for Use in the Q-Test
------------------------------------------------------------------------
                                n                                  Qcrit
------------------------------------------------------------------------
 3...............................................................   0.94
 4...............................................................   0.76
 5...............................................................   0.64
 6...............................................................   0.56
 7...............................................................   0.51
 8...............................................................   0.47

[[Page 115]]

 
 9...............................................................   0.44
 10..............................................................  0.41
------------------------------------------------------------------------
 


[56 FR 32692, July 17, 1991 as amended 56 FR 42512, 42516, Aug. 27, 
1991; 57 FR 38566, Aug. 25, 1992; 57 FR 44999, Sept. 30, 1992; 62 FR 
32463, June 13, 1997]

                          Appendix X [Reserved]

Appendix XI to Part 266--Lead-Bearing Materials That May be Processed in 
                          Exempt Lead Smelters

 A. Exempt Lead-Bearing Materials When Generated or Originally Produced 
                    By Lead-Associated Industries \1\

Acid dump/fill solids
---------------------------------------------------------------------------

    \1\ Lead-associated industries are lead smelters, lead-acid battery 
manufacturing, and lead chemical manufacturing (e.g., manufacturing of 
lead oxide or other lead compounds).
---------------------------------------------------------------------------

Sump mud
Materials from laboratory analyses
Acid filters
Baghouse bags
Clothing (e.g., coveralls, aprons, shoes, hats, gloves)
Sweepings
Air filter bags and cartridges
Respiratory cartridge filters
Shop abrasives
Stacking boards
Waste shipping containers (e.g., cartons, bags, drums, cardboard)
Paper hand towels
Wiping rags and sponges
Contaminated pallets
Water treatment sludges, filter cakes, residues, and solids
Emission control dusts, sludges, filter cakes, residues, and solids from 
lead-associated industries (e.g., K069 and D008 wastes)
Spent grids, posts, and separators
Spent batteries
Lead oxide and lead oxide residues
Lead plates and groups
Spent battery cases, covers, and vents
Pasting belts
Water filter media
Cheesecloth from pasting rollers
Pasting additive bags
Asphalt paving materials

 B. Exempt Lead-Bearing Materials When Generated or Originally Produced 
                             By Any Industry

Charging jumpers and clips
Platen abrasive
Fluff from lead wire and cable casings
Lead-based pigments and compounding pigment dust

[56 FR 42517, Aug. 27, 1991]

Appendix XII to Part 266--Nickel or Chromium-Bearing Materials that may 
        be Processed in Exempt Nickel-Chromium Recovery Furnaces

    A. Exempt Nickel or Chromium-Bearing Materials when Generated by 
           Manufacturers or Users of Nickel, Chromium, or Iron

Baghouse bags
Raney nickel catalyst
Floor sweepings
Air filters
Electroplating bath filters
Wastewater filter media
Wood pallets
Disposable clothing (coveralls, aprons, hats, and gloves)
Laboratory samples and spent chemicals
Shipping containers and plastic liners from containers or vehicles used 
to transport nickel or chromium-containing wastes
Respirator cartridge filters
Paper hand towels

  B. Exempt Nickel or Chromium-Bearing Materials when Generated by Any 
                                Industry

Electroplating wastewater treatment sludges (F006)
Nickel and/or chromium-containing solutions
Nickel, chromium, and iron catalysts
Nickel-cadmium and nickel-iron batteries
Filter cake from wet scrubber system water treatment plants in the 
specialty steel industry \1\
---------------------------------------------------------------------------

    \1\ If a hazardous waste under an authorized State program.
---------------------------------------------------------------------------

Filter cake from nickel-chromium alloy pickling operations \1\

[56 FR 42517, Aug. 27, 1991]

Appendix XIII to Part 266--Mercury Bearing Wastes That May Be Processed 
                    in Exempt Mercury Recovery Units

These are exempt mercury-bearing materials with less than 500 ppm of 40 
   CFR Part 261, appendix VIII organic constituents when generated by 
         manufacturers or users of mercury or mercury products.

1. Activated carbon
2. Decomposer graphite
3. Wood
4. Paper
5. Protective clothing

[[Page 116]]

6. Sweepings
7. Respiratory cartridge filters
8. Cleanup articles
9. Plastic bags and other contaminated containers
10. Laboratory and process control samples
11. K106 and other wastewater treatment plant sludge and filter cake
12. Mercury cell sump and tank sludge
13. Mercury cell process solids
14. Recoverable levels or mercury contained in soil

[59 FR 48042, Sept. 19, 1994]



PART 267 [Reserved]






PART 268--LAND DISPOSAL RESTRICTIONS--Table of Contents




                           Subpart A--General

Sec.
268.1  Purpose, scope, and applicability.
268.2  Definitions applicable in this part.
268.3  Dilution prohibited as a substitute for treatment.
268.4  Treatment surface impoundment exemption.
268.5  Procedures for case-by-case extensions to an effective date.
268.6  Petitions to allow land disposal of a waste prohibited under 
          subpart C of part 268.
268.7    Testing, tracking, and recordkeeping requirements for 
          generators, treaters, and disposal facilities.
268.8  [Reserved]
268.9  Special rules regarding wastes that exhibit a characteristic.

 Subpart B--Schedule for Land Disposal Prohibition and Establishment of 
                           Treatment Standards

268.10--268.12  [Reserved]
268.13  Schedule for wastes identified or listed after November 8, 1984.
268.14  Surface impoundment exemptions.

                Subpart C--Prohibitions on Land Disposal

268.30  Waste specific prohibitions--Wood preserving wastes.
268.31  Waste specific prohibitions--Dioxin-containing wastes.
268.32  [Reserved]
268.33  Waste specific prohibitions--organobromine wastes.
268.34  Waste specific prohibitions--toxicity characteristic metal 
          wastes.
268.35  Waste specific prohibitions--petroleum refining wastes.
268.36  [Reserved]
268.37  Waste specific prohibitions--ignitable and corrosive 
          characteristic wastes whose treatment standards were vacated.
268.38  Waste specific prohibitions--newly identified organic toxicity 
          characteristic wastes and newly listed coke by-product and 
          chlorotoluene production wastes.
268.39  Waste specific prohibitions--spent aluminum potliners; reactive; 
          and carbamate wastes.

                     Subpart D--Treatment Standards

268.40  Applicability of treatment standards.
268.41  Treatment standards expressed as concentrations in waste 
          extract.
268.42  Treatment standards expressed as specified technologies.
268.43  Treatment standards expressed as waste concentrations.
268.44  Variance from a treatment standard.
268.45  Treatment standards for hazardous debris.
268.46  Alternative treatment standards based on HTMR.
268.48  Universal treatment standards.
268.49  Alternative LDR treatment standards for contaminated soil.

                   Subpart E--Prohibitions on Storage

268.50  Prohibitions on storage of restricted wastes.

Appendix I-III to Part 268 [Reserved]
Appendix IV to Part 268--Wastes Excluded From Lab Packs Under the 
          Alternative Treatment Standards of Sec. 268.42(c)
Appendix V to Part 268 [Reserved]
Appendix VI to Part 268--Recommended Technologies to Achieve 
          Deactivation of Characteristics in Section 268.42
Appendix VII to Part 268--LDR Effective Dates of Surface Disposed 
          Prohibited Hazardous Wastes
Appendix VIII to Part 268--LDR Effective Dates of Injected Prohibited 
          Hazardous Wastes
Appendix IX to Part 268--Extraction Procedures (EP) Toxicity Test Method 
          and Structural Integrity Test (Method 1310)
Appendix X to Part 268 [Reserved]
Appendix XI to Part 268--Metal Bearing Wastes Prohibited From Dilution 
          in a Combustion Unit According to 40 CFR 268.3(c)

    Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.



                           Subpart A--General



Sec. 268.1  Purpose, scope, and applicability.

    (a) This part identifies hazardous wastes that are restricted from 
land

[[Page 117]]

disposal and defines those limited circumstances under which an 
otherwise prohibited waste may continue to be land disposed.
    (b) Except as specifically provided otherwise in this part or part 
261 of this chapter, the requirements of this part apply to persons who 
generate or transport hazardous waste and owners and operators of 
hazardous waste treatment, storage, and disposal facilities.
    (c) Restricted wastes may continue to be land disposed as follows:
    (1) Where persons have been granted an extension to the effective 
date of a prohibition under subpart C of this part or pursuant to 
Sec. 268.5, with respect to those wastes covered by the extension;
    (2) Where persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) Wastes that are hazardous only because they exhibit a hazardous 
characteristic, and which are otherwise prohibited under this part, or 
part 148 of this chapter, are not prohibited if the wastes:
    (i) Are disposed into a nonhazardous or hazardous injection well as 
defined under 40 CFR 146.6(a); and
    (ii) Do not exhibit any prohibited characteristic of hazardous waste 
identified in 40 CFR part 261, subpart C at the point of injection.
    (4) Wastes that are hazardous only because they exhibit a hazardous 
characteristic, and which are otherwise prohibited under this part, are 
not prohibited if the wastes meet any of the following criteria, unless 
the wastes are subject to a specified method of treatment other than 
DEACT in Sec. 268.40, or are D003 reactive cyanide:
    (i) The wastes are managed in a treatment system which subsequently 
discharges to waters of the U.S. pursuant to a permit issued under 
section 402 of the Clean Water Act; or
    (ii) The wastes are treated for purposes of the pretreatment 
requirements of section 307 of the Clean Water Act; or
    (iii) The wastes are managed in a zero discharge system engaged in 
Clean Water Act-equivalent treatment as defined in Sec. 268.37(a); and
    (iv) The wastes no longer exhibit a prohibited characteristic at the 
point of land disposal (i.e., placement in a surface impoundment).
    (d) The requirements of this part shall not affect the availability 
of a waiver under section 121(d)(4) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA).
    (e) The following hazardous wastes are not subject to any provision 
of part 268:
    (1) Waste generated by small quantity generators of less than 100 
kilograms of non-acute hazardous waste or less than 1 kilogram of acute 
hazardous waste per month, as defined in Sec. 261.5 of this chapter;
    (2) Waste pesticides that a farmer disposes of pursuant to 
Sec. 262.70;
    (3) Wastes identified or listed as hazardous after November 8, 1984 
for which EPA has not promulgated land disposal prohibitions or 
treatment standards;
    (4) De minimis losses of characteristic wastes to wastewaters are 
not considered to be prohibited wastes and are defined as losses from 
normal material handling operations (e.g. spills from the unloading or 
transfer of materials from bins or other containers, leaks from pipes, 
valves or other devices used to transfer materials); minor leaks of 
process equipment, storage tanks or containers; leaks from well-
maintained pump packings and seals; sample purgings; and relief device 
discharges; discharges from safety showers and rinsing and cleaning of 
personal safety equipment; rinsate from empty containers or from 
containers that are rendered empty by that rinsing; and laboratory 
wastes not exceeding one per cent of the total flow of wastewater into 
the facility's headworks on an annual basis, or with a combined 
annualized average concentration not exceeding one part per million in 
the headworks of the facility's wastewater treatment or pretreatment 
facility.
    (f) Universal waste handlers and universal waste transporters (as 
defined in 40 CFR 260.10) are exempt from 40 CFR 268.7 and 268.50 for 
the hazardous wastes listed below. These handlers are subject to 
regulation under 40 CFR part 273.

[[Page 118]]

    (1) Batteries as described in 40 CFR 273.2;
    (2) Pesticides as described in 40 CFR 273.3; and
    (3) Thermostats as described in 40 CFR 273.4.

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 53 
FR 27165, July 19, 1988; 53 FR 31212, Aug. 17, 1988; 54 FR 36970, Sept. 
6, 1989; 55 FR 22686, June 1, 1990; 58 FR 29884, May 24, 1993; 59 FR 
48043, Sept. 19, 1994; 60 FR 25542, May 11, 1995; 61 FR 15663, Apr. 8, 
1996; 61 FR 33682, June 28, 1996; 62 FR 26019, May 12, 1997]



Sec. 268.2  Definitions applicable in this part.

    When used in this part the following terms have the meanings given 
below:
    (a) Halogenated organic compounds or HOCs means those compounds 
having a carbon-halogen bond which are listed under appendix III to this 
part.
    (b) Hazardous constituent or constituents means those constituents 
listed in appendix VIII to part 261 of this chapter.
    (c) Land disposal means placement in or on the land, except in a 
corrective action management unit or staging pile, and includes, but is 
not limited to, placement in a landfill, surface impoundment, waste 
pile, injection well, land treatment facility, salt dome formation, salt 
bed formation, underground mine or cave, or placement in a concrete 
vault, or bunker intended for disposal purposes.
    (d) Nonwastewaters are wastes that do not meet the criteria for 
wastewaters in paragraph (f) of this section.
    (e) Polychlorinated biphenyls or PCBs are halogenated organic 
compounds defined in accordance with 40 CFR 761.3.
    (f) Wastewaters are wastes that contain less than 1% by weight total 
organic carbon (TOC) and less than 1% by weight total suspended solids 
(TSS).
    (g) Debris means solid material exceeding a 60 mm particle size that 
is intended for disposal and that is: A manufactured object; or plant or 
animal matter; or natural geologic material. However, the following 
materials are not debris: Any material for which a specific treatment 
standard is provided in Subpart D, Part 268, namely lead acid batteries, 
cadmium batteries, and radioactive lead solids; Process residuals such 
as smelter slag and residues from the treatment of waste, wastewater, 
sludges, or air emission residues; and Intact containers of hazardous 
waste that are not ruptured and that retain at least 75% of their 
original volume. A mixture of debris that has not been treated to the 
standards provided by Sec. 268.45 and other material is subject to 
regulation as debris if the mixture is comprised primarily of debris, by 
volume, based on visual inspection.
    (h) Hazardous debris means debris that contains a hazardous waste 
listed in subpart D of part 261 of this chapter, or that exhibits a 
characteristic of hazardous waste identified in subpart C of part 261 of 
this chapter. Any deliberate mixing of prohibited hazardous waste with 
debris that changes its treatment classification (i.e., from waste to 
hazardous debris) is not allowed under the dilution prohibition in 
Sec. 268.3.
    (i) Underlying hazardous constituent means any constituent listed in 
Sec. 268.48, Table UTS--Universal Treatment Standards, except fluoride, 
selenium, sulfides, vanadium, and zinc, which can reasonably be expected 
to be present at the point of generation of the hazardous waste at a 
concentration above the constituent-specific UTS treatment standards.
    (j) Inorganic metal-bearing waste is one for which EPA has 
established treatment standards for metal hazardous constituents, and 
which does not otherwise contain significant organic or cyanide content 
as described in Sec. 268.3(c)(1), and is specifically listed in appendix 
XI of this part.
    (k) Soil means unconsolidated earth material composing the 
superficial geologic strata (material overlying bedrock), consisting of 
clay, silt, sand, or gravel size particles as classified by the U.S. 
Natural Resources Conservation Service, or a mixture of such materials 
with liquids, sludges or solids which is inseparable by simple 
mechanical removal processes and is made up primarily of soil by volume 
based on visual inspection. Any deliberate mixing of prohibited 
hazardous waste with

[[Page 119]]

soil that changes its treatment classification (i.e., from waste to 
contaminated soil) is not allowed under the dilution prohibition in 
Sec. 268.3.

[55 FR 22686, June 1, 1990, as amended at 56 FR 3877, Jan. 31, 1991; 57 
FR 37270, Aug. 18, 1992; 58 FR 8685, Feb. 16, 1993; 58 FR 29884, May 24, 
1993; 59 FR 48043, Sept. 19, 1994; 60 FR 244, Jan. 3, 1995; 61 FR 15597, 
15662, Apr. 8, 1996; 61 FR 33682, June 28, 1996; 63 FR 28639, May 26, 
1998; 63 FR 65940, Nov. 30, 1998; 64 FR 25414, May 11, 1999]



Sec. 268.3  Dilution prohibited as a substitute for treatment.

    (a) Except as provided in paragraph (b) of this section, no 
generator, transporter, handler, or owner or operator of a treatment, 
storage, or disposal facility shall in any way dilute a restricted waste 
or the residual from treatment of a restricted waste as a substitute for 
adequate treatment to achieve compliance with subpart D of this part, to 
circumvent the effective date of a prohibition in subpart C of this 
part, to otherwise avoid a prohibition in subpart C of this part, or to 
circumvent a land disposal prohibition imposed by RCRA section 3004.
    (b) Dilution of wastes that are hazardous only because they exhibit 
a characteristic in treatment systems which include land- based units 
which treat wastes subsequently discharged to a water of the United 
States pursuant to a permit issued under section 402 of the Clean Water 
Act (CWA), or which treat wastes in a CWA-equivalent treatment system, 
or which treat wastes for the purposes of pretreatment requirements 
under section 307 of the CWA is not impermissible dilution for purposes 
of this section unless a method other than DEACT has been specified in 
Sec. 268.40 as the treatment standard, or unless the waste is a D003 
reactive cyanide wastewater or nonwastewater.
    (c) Combustion of the hazardous waste codes listed in Appendix XI of 
this part is prohibited, unless the waste, at the point of generation, 
or after any bona fide treatment such as cyanide destruction prior to 
combustion, can be demonstrated to comply with one or more of the 
following criteria (unless otherwise specifically prohibited from 
combustion):
    (1) The waste contains hazardous organic constituents or cyanide at 
levels exceeding the constituent-specific treatment standard found in 
Sec. 268.48;
    (2) The waste consists of organic, debris-like materials (e.g., 
wood, paper, plastic, or cloth) contaminated with an inorganic metal-
bearing hazardous waste;
    (3) The waste, at point of generation, has reasonable heating value 
such as greater than or equal to 5000 BTU per pound;
    (4) The waste is co-generated with wastes for which combustion is a 
required method of treatment;
    (5) The waste is subject to Federal and/or State requirements 
necessitating reduction of organics (including biological agents); or
    (6) The waste contains greater than 1% Total Organic Carbon (TOC).
    (d) It is a form of impermissible dilution, and therefore 
prohibited, to add iron filings or other metallic forms of iron to lead-
containing hazardous wastes in order to achieve any land disposal 
restriction treatment standard for lead. Lead-containing wastes include 
D008 wastes (wastes exhibiting a characteristic due to the presence of 
lead), all characteristic wastes containing lead as an underlying 
hazardous constituent, listed wastes containing lead as a regulated 
constituent, and hazardous media containing any of the aforementioned 
lead-containing wastes.

[61 FR 15663, Apr. 8, 1996, as amended at 61 FR 33682, June 28, 1996; 63 
FR 28639, May 26, 1998]



Sec. 268.4  Treatment surface impoundment exemption.

    (a) Wastes which are otherwise prohibited from land disposal under 
this part may be treated in a surface impoundment or series of 
impoundments provided that:
    (1) Treatment of such wastes occurs in the impoundments;
    (2) The following conditions are met:
    (i) Sampling and testing. For wastes with treatment standards in 
subpart D of this part and/or prohibition levels in subpart C of this 
part or RCRA section 3004(d), the residues from treatment are analyzed, 
as specified in Sec. 268.7 or Sec. 268.32, to determine if they meet the

[[Page 120]]

applicable treatment standards or where no treatment standards have been 
established for the waste, the applicable prohibition levels. The 
sampling method, specified in the waste analysis plan under Sec. 264.13 
or Sec. 265.13, must be designed such that representative samples of the 
sludge and the supernatant are tested separately rather than mixed to 
form homogeneous samples.
    (ii) Removal. The following treatment residues (including any liquid 
waste) must be removed at least annually; residues which do not meet the 
treatment standards promulgated under subpart D of this part; residues 
which do not meet the prohibition levels established under subpart C of 
this part or imposed by statute (where no treatment standards have been 
established); residues which are from the treatment of wastes prohibited 
from land disposal under subpart C of this part (where no treatment 
standards have been established and no prohibition levels apply); or 
residues from managing listed wastes which are not delisted under 
Sec. 260.22 of this chapter. If the volume of liquid flowing through the 
impoundment or series of impoundments annually is greater than the 
volume of the impoundment or impoundments, this flow-through constitutes 
removal of the supernatant for the purpose of this requirement.
    (iii) Subsequent management. Treatment residues may not be placed in 
any other surface impoundment for subsequent management.
    (iv) Recordkeeping. Sampling and testing and recordkeeping 
provisions of Secs. 264.13 and 265.13 of this chapter apply.
    (3) The impoundment meets the design requirements of Sec. 264.221(c) 
or Sec. 265.221(a) of this chapter, regardless that the unit may not be 
new, expanded, or a replacement, and be in compliance with applicable 
ground water monitoring requirements of subpart F of part 264 or part 
264 of this chapter unless:
    (i) Exempted pursuant to Sec. 264.221 (d) or (e) of this chapter, or 
to Sec. 265.221 (c) or (d) of this chapter; or,
    (ii) Upon application by the owner or operator, the Administrator, 
after notice and an opportunity to comment, has granted a waiver of the 
requirements on the basis that the surface impoundment:
    (A) Has at least one liner, for which there is no evidence that such 
liner is leaking;
    (B) Is located more than one-quarter mile from an underground source 
of drinking water; and
    (C) Is in compliance with generally applicable ground water 
monitoring requirements for facilities with permits; or,
    (iii) Upon application by the owner or operator, the Administrator, 
after notice and an opportunity to comment, has granted a modification 
to the requirements on the basis of a demonstration that the surface 
impoundment is located, designed, and operated so as to assure that 
there will be no migration of any hazardous constituent into ground 
water or surface water at any future time.
    (4) The owner or operator submits to the Regional Administrator a 
written certification that the requirements of Sec. 268.4(a)(3) have 
been met. The following certification is required:

    I certify under penalty of law that the requirements of 40 CFR 
268.4(a)(3) have been met for all surface impoundments being used to 
treat restricted wastes. I believe that the submitted information is 
true, accurate, and complete. I am aware that there are significant 
penalties for submitting false information, including the possibility of 
fine and imprisonment.

    (b) Evaporation of hazardous constituents as the principal means of 
treatment is not considered to be treatment for purposes of an exemption 
under this section.

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 
FR 25788, July 8, 1987; 53 FR 31212, Aug. 17, 1988; 62 FR 26019, May 12, 
1997; 63 FR 28639, May 26, 1998]



Sec. 268.5  Procedures for case-by-case extensions to an effective date.

    (a) Any person who generates, treats, stores, or disposes of a 
hazardous waste may submit an application to the Administrator for an 
extension to the effective date of any applicable restriction 
established under subpart C of this part. The applicant must demonstrate 
the following:

[[Page 121]]

    (1) He has made a good-faith effort to locate and contract with 
treatment, recovery, or disposal facilities nationwide to manage his 
waste in accordance with the effective date of the applicable 
restriction established under subpart C of this part;
    (2) He has entered into a binding contractual commitment to 
construct or otherwise provide alternative treatment, recovery (e.g., 
recycling), or disposal capacity that meets the treatment standards 
specified in subpart D or, where treatment standards have not been 
specified, such treatment, recovery, or disposal capacity is protective 
of human health and the environment.
    (3) Due to circumstances beyond the applicant's control, such 
alternative capacity cannot reasonably be made available by the 
applicable effective date. This demonstration may include a showing that 
the technical and practical difficulties associated with providing the 
alternative capacity will result in the capacity not being available by 
the applicable effective date;
    (4) The capacity being constructed or otherwise provided by the 
applicant will be sufficient to manage the entire quantity of waste that 
is the subject of the application;
    (5) He provides a detailed schedule for obtaining required operating 
and construction permits or an outline of how and when alternative 
capacity will be available;
    (6) He has arranged for adequate capacity to manage his waste during 
an extension and has documented in the application the location of all 
sites at which the waste will be managed; and
    (7) Any waste managed in a surface impoundment or landfill during 
the extension period will meet the requirements of paragraph (h)(2) of 
this section.
    (b) An authorized representative signing an application described 
under paragraph (a) of this section shall make the following 
certification:

    I certify under penalty of law that I have personally examined and 
am familiar with the information submitted in this document and all 
attachments and that, based on my inquiry of those individuals 
immediately responsible for obtaining the information, I believe that 
the information is true, accurate, and complete. I am aware that there 
are significant penalties for submitting false information, including 
the possibility of fine and imprisonment.

    (c) After receiving an application for an extension, the 
Administrator may request any additional information which he deems as 
necessary to evaluate the application.
    (d) An extension will apply only to the waste generated at the 
individual facility covered by the application and will not apply to 
restricted waste from any other facility.
    (e) On the basis of the information referred to in paragraph (a) of 
this section, after notice and opportunity for comment, and after 
consultation with appropriate State agencies in all affected States, the 
Administrator may grant an extension of up to 1 year from the effective 
date. The Administrator may renew this extension for up to 1 additional 
year upon the request of the applicant if the demonstration required in 
paragraph (a) of this section can still be made. In no event will an 
extension extend beyond 24 months from the applicable effective date 
specified in subpart C of part 268. The length of any extension 
authorized will be determined by the Administrator based on the time 
required to construct or obtain the type of capacity needed by the 
applicant as described in the completion schedule discussed in paragraph 
(a)(5) of this section. The Administrator will give public notice of the 
intent to approve or deny a petition and provide an opportunity for 
public comment. The final decision on a petition will be published in 
the Federal Register.
    (f) Any person granted an extension under this section must 
immediately notify the Administrator as soon as he has knowledge of any 
change in the conditions certified to in the application.
    (g) Any person granted an extension under this section shall submit 
written progress reports at intervals designated by the Administrator. 
Such reports must describe the overall progress made toward constructing 
or otherwise providing alternative treatment, recovery or disposal 
capacity; must identify any event which may cause or has caused a delay 
in the development of the capacity; and must

[[Page 122]]

summarize the steps taken to mitigate the delay. The Administrator can 
revoke the extension at any time if the applicant does not demonstrate a 
good-faith effort to meet the schedule for completion, if the Agency 
denies or revokes any required permit, if conditions certified in the 
application change, or for any violation of this chapter.
    (h) Whenever the Administrator establishes an extension to an 
effective date under this section, during the period for which such 
extension is in effect:
    (1) The storage restrictions under Sec. 268.50(a) do not apply; and
    (2) Such hazardous waste may be disposed in a landfill or surface 
impoundment only if such unit is in compliance with the technical 
requirements of the following provisions regardless of whether such unit 
is existing, new, or a replacement or lateral expansion.
    (i) The landfill, if in interim status, is in compliance with the 
requirements of subpart F of part 265 and Sec. 265.301 (a), (c), and (d) 
of this chapter; or,
    (ii) The landfill, if permitted, is in compliance with the 
requirements of subpart F of part 264 and Sec. 264.301 (c), (d) and (e) 
of this chapter; or
    (iii) The surface impoundment, if in interim status, is in 
compliance with the requirements of subpart F of part 265, Sec. 265.221 
(a), (c), and (d) of this chapter, and RCRA section 3005(j)(1); or
    (iv) The surface impoundment, if permitted, is in compliance with 
the requirements of subpart F of part 264 and Sec. 264.221 (c), (d) and 
(e) of this chapter; or
    (v) The surface impoundment, if newly subject to RCRA section 
3005(j)(1) due to the promulgation of additional listings or 
characteristics for the identification of hazardous waste, is in 
compliance with the requirements of subpart F of part 265 of this 
chapter within 12 months after the promulgation of additional listings 
or characteristics of hazardous waste, and with the requirements of 
Sec. 265.221 (a), (c) and (d) of this chapter within 48 months after the 
promulgation of additional listings or characteristics of hazardous 
waste. If a national capacity variance is granted, during the period the 
variance is in effect, the surface impoundment, if newly subject to RCRA 
section 3005(j)(1) due to the promulgation of additional listings or 
characteristics of hazardous waste, is in compliance with the 
requirements of subpart F of part 265 of this chapter within 12 months 
after the promulgation of additional listings or characteristics of 
hazardous waste, and with the requirements of Sec. 265.221 (a), (c) and 
(d) of this chapter within 48 months after the promulgation of 
additional listings or characteristics of hazardous waste; or
    (vi) The landfill, if disposing of containerized liquid hazardous 
wastes containing PCBs at concentrations greater than or equal to 50 ppm 
but less than 500 ppm, is also in compliance with the requirements of 40 
CFR 761.75 and parts 264 and 265.
    (i) Pending a decision on the application the applicant is required 
to comply with all restrictions on land disposal under this part once 
the effective date for the waste has been reached.

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 
FR 25788, July 8, 1987; 54 FR 36971, Sept. 6, 1989; 55 FR 23935, June 
13, 1990; 57 FR 37270, Aug. 18, 1992]



Sec. 268.6  Petitions to allow land disposal of a waste prohibited under subpart C of part 268.

    (a) Any person seeking an exemption from a prohibition under subpart 
C of this part for the disposal of a restricted hazardous waste in a 
particular unit or units must submit a petition to the Administrator 
demonstrating, to a reasonable degree of certainty, that there will be 
no migration of hazardous constituents from the disposal unit or 
injection zone for as long as the wastes remain hazardous. The 
demonstration must include the following components:
    (1) An identification of the specific waste and the specific unit 
for which the demonstration will be made;
    (2) A waste analysis to describe fully the chemical and physical 
characteristics of the subject waste;
    (3) A comprehensive characterization of the disposal unit site 
including an analysis of background air, soil, and water quality.
    (4) A monitoring plan that detects migration at the earliest 
practicable time;

[[Page 123]]

    (5) Sufficient information to assure the Administrator that the 
owner or operator of a land disposal unit receiving restricted waste(s) 
will comply with other applicable Federal, State, and local laws.
    (b) The demonstration referred to in paragraph (a) of this section 
must meet the following criteria:
    (1) All waste and environmental sampling, test, and analysis data 
must be accurate and reproducible to the extent that state-of-the-art 
techniques allow;
    (2) All sampling, testing, and estimation techniques for chemical 
and physical properties of the waste and all environmental parameters 
must have been approved by the Administrator;
    (3) Simulation models must be calibrated for the specific waste and 
site conditions, and verified for accuracy by comparison with actual 
measurements;
    (4) A quality assurance and quality control plan that addresses all 
aspects of the demonstration must be approved by the Administrator; and,
    (5) An analysis must be performed to identify and quantify any 
aspects of the demonstration that contribute significantly to 
uncertainty. This analysis must include an evaluation of the 
consequences of predictable future events, including, but not limited 
to, earthquakes, floods, severe storm events, droughts, or other natural 
phenomena.
    (c) Each petition referred to in paragraph (a) of this section must 
include the following:
    (1) A monitoring plan that describes the monitoring program 
installed at and/or around the unit to verify continued compliance with 
the conditions of the variance. This monitoring plan must provide 
information on the monitoring of the unit and/or the environment around 
the unit. The following specific information must be included in the 
plan:
    (i) The media monitored in the cases where monitoring of the 
environment around the unit is required;
    (ii) The type of monitoring conducted at the unit, in the cases 
where monitoring of the unit is required;
    (iii) The location of the monitoring stations;
    (iv) The monitoring interval (frequency of monitoring at each 
station);
    (v) The specific hazardous constituents to be monitored;
    (vi) The implementation schedule for the monitoring program;
    (vii) The equipment used at the monitoring stations;
    (viii) The sampling and analytical techniques employed; and
    (ix) The data recording/reporting procedures.
    (2) Where applicable, the monitoring program described in paragraph 
(c)(1) of this section must be in place for a period of time specified 
by the Administrator, as part of his approval of the petition, prior to 
receipt of prohibited waste at the unit.
    (3) The monitoring data collected according to the monitoring plan 
specified under paragraph (c)(1) of this section must be sent to the 
Administrator according to a format and schedule specified and approved 
in the monitoring plan, and
    (4) A copy of the monitoring data collected under the monitoring 
plan specified under paragraph (c)(1) of this section must be kept on-
site at the facility in the operating record.
    (5) The monitoring program specified under paragraph (c)(1) of this 
section meet the following criteria:
    (i) All sampling, testing, and analytical data must be approved by 
the Administrator and must provide data that is accurate and 
reproducible.
    (ii) All estimation and monitoring techniques must be approved by 
the Administrator.
    (iii) A quality assurance and quality control plan addressing all 
aspects of the monitoring program must be provided to and approved by 
the Administrator.
    (d) Each petition must be submitted to the Administrator.
    (e) After a petition has been approved, the owner or operator must 
report any changes in conditions at the unit and/or the environment 
around the unit that significantly depart from the conditions described 
in the variance and affect the potential for migration of hazardous 
constituents from the units as follows:
    (1) If the owner or operator plans to make changes to the unit 
design, construction, or operation, such a change must be proposed, in 
writing, and the

[[Page 124]]

owner or operator must submit a demonstration to the Administrator at 
least 30 days prior to making the change. The Administrator will 
determine whether the proposed change invalidates the terms of the 
petition and will determine the appropriate response. Any change must be 
approved by the Administrator prior to being made.
    (2) If the owner or operator discovers that a condition at the site 
which was modeled or predicted in the petition does not occur as 
predicted, this change must be reported, in writing, to the 
Administrator within 10 days of discovering the change. The 
Administrator will determine whether the reported change from the terms 
of the petition requires further action, which may include termination 
of waste acceptance and revocation of the petition, petition 
modifications, or other responses.
    (f) If the owner or operator determines that there is migration of 
hazardous constituent(s) from the unit, the owner or operator must:
    (1) Immediately suspend receipt of prohibited waste at the unit, and
    (2) Notify the Administrator, in writing, within 10 days of the 
determination that a release has occurred.
    (3) Following receipt of the notification the Administrator will 
determine, within 60 days of receiving notification, whether the owner 
or operator can continue to receive prohibited waste in the unit and 
whether the variance is to be revoked. The Administrator shall also 
determine whether further examination of any migration is warranted 
under applicable provisions of part 264 or part 265.
    (g) Each petition must include the following statement signed by the 
petitioner or an authorized representative:


I certify under penalty of law that I have personally examined and am 
familiar with the information submitted in this petition and all 
attached documents, and that, based on my inquiry of those individuals 
immediately responsible for obtaining the information, I believe that 
submitted information is true, accurate, and complete. I am aware that 
there are significant penalties for submitting false information, 
including the possibility of fine and imprisonment.

    (h) After receiving a petition, the Administrator may request any 
additional information that reasonably may be required to evaluate the 
demonstration.
    (i) If approved, the petition will apply to land disposal of the 
specific restricted waste at the individual disposal unit described in 
the demonstration and will not apply to any other restricted waste at 
that disposal unit, or to that specific restricted waste at any other 
disposal unit.
    (j) The Administrator will give public notice in the Federal 
Register of the intent to approve or deny a petition and provide an 
opportunity for public comment. The final decision on a petition will be 
published in the Federal Register.
    (k) The term of a petition granted under this section shall be no 
longer than the term of the RCRA permit if the disposal unit is 
operating under a RCRA permit, or up to a maximum of 10 years from the 
date of approval provided under paragraph (g) of this section if the 
unit is operating under interim status. In either case, the term of the 
granted petition shall expire upon the termination or denial of a RCRA 
permit, or upon the termination of interim status or when the volume 
limit of waste to be land disposed during the term of petition is 
reached.
    (l) Prior to the Administrator's decision, the applicant is required 
to comply with all restrictions on land disposal under this part once 
the effective date for the waste has been reached.
    (m) The petition granted by the Administrator does not relieve the 
petitioner of his responsibilities in the management of hazardous waste 
under 40 CFR part 260 through part 271.
    (n) Liquid hazardous wastes containing polychlorinated biphenyls at 
concentrations greater than or equal to 500 ppm are not eligible for an 
exemption under this section.

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 
FR 25789, July 8, 1987; 53 FR 31212, Aug. 17, 1988; 54 FR 36971, Sept. 
6, 1989]

[[Page 125]]



Sec. 268.7  Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities.

    (a) Requirements for generators: (1) A generator of hazardous waste 
must determine if the waste has to be treated before it can be land 
disposed. This is done by determining if the hazardous waste meets the 
treatment standards in Sec. 268.40, Sec. 268.45, or Sec. 268.49. This 
determination can be made in either of two ways: testing the waste or 
using knowledge of the waste. If the generator tests the waste, testing 
would normally determine the total concentration of hazardous 
constituents, or the concentration of hazardous constituents in an 
extract of the waste obtained using test method 1311 in ``Test Methods 
of Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
SW-846, as referenced in Sec. 260.11 of this chapter, depending on 
whether the treatment standard for the waste is expressed as a total 
concentration or concentration of hazardous constituent in the waste's 
extract. In addition, some hazardous wastes must be treated by 
particular treatment methods before they can be land disposed and some 
soils are contaminated by such hazardous wastes. These treatment 
standards are also found in Sec. 268.40, and are described in detail in 
Sec. 268.42, Table 1. These wastes, and solids contaminated with such 
wastes, do not need to be tested (however, if they are in a waste 
mixture, other wastes with concentration level treatment standards would 
have to be tested). If a generator determines they are managing a waste 
or soil contamination with a waste, that displays a hazardous 
characteristic of ignitability, corrosivity, reactivity, or toxicity, 
they must comply with the special requirements of Sec. 268.9 of this 
part in addition to any applicable requirements in this section.
    (2) If the waste or contaminated soil does not meet the treatment 
standard: With the initial shipment of waste to each treatment or 
storage facility, the generator must send a one-time written notice to 
each treatment or storage facility receiving the waste, and place a copy 
in the file. The notice must include the information in column 
``268.7(a)(2)'' of the Generator Paperwork Requirements Table in 
Sec. 268.7(a)(4). No further notification is necessary until such time 
that the waste or facility change, in which case a new notification must 
be sent and a copy placed in the generator's file.
    (i) For contaminated soil, the following certification statement 
should be included, signed by an authorized representative:

    I certify under penalty of law that I personally have examined this 
contaminated soil and it [does/does not] contain listed hazardous waste 
and [does/does not] exhibit a characteristic of hazardous waste and 
requires treatment to meet the soil treatment standards as provided by 
268.49(c).

    (ii) [Reserved]
    (3) If the waste or contaminated soil meets the treatment standard 
at the original point of generation:
    (i) With the initial shipment of waste to each treatment, storage, 
or disposal facility, the generator must send a one-time written notice 
to each treatment, storage, or disposal facility receiving the waste, 
and place a copy in the file. The notice must include the information 
indicated in column ``268.7(a)(3)'' of the Generator Paperwork 
Requirements Table in Sec. 268.7(a)(4) and the following certification 
statement, signed by an authorized representative:

    I certify under penalty of law that I personally have examined and 
am familiar with the waste through analysis and testing or through 
knowledge of the waste to support this certification that the waste 
complies with the treatment standards specified in 40 CFR part 268 
subpart D. I believe that the information I submitted is true, accurate, 
and complete. I am aware that there are significant penalties for 
submitting a false certification, including the possibility of a fine 
and imprisonment.

    (ii) For contaminated soil, with the initial shipment of wastes to 
each treatment, storage, or disposal facility, the generator must send a 
one-time written notice to each facility receiving the waste and place a 
copy in the file. The notice must include the information in 
``268.7(a)(3) of the Generator Paperwork Requirements Table in 
Sec. 268.7(a)(4).
    (4) For reporting, tracking, and recordkeeping when exceptions allow 
certain wastes or contaminated soil that do not meet the treatment 
standards

[[Page 126]]

to be land disposed: There are certain exemptions from the requirement 
that hazardous wastes or contaminated soil meet treatment standards 
before they can be land disposed. These include, but are not limited to 
case-by-case extensions under Sec. 268.5, disposal in a no-migration 
unit under Sec. 268.6, or a national capacity variance or case-by-case 
capacity variance under subpart C of this part. If a generator's waste 
is so exempt, then with the initial shipment of waste, the generator 
must send a one-time written notice to each land disposal facility 
receiving the waste. The notice must include the information indicated 
in column ``268.7(a)(4)'' of the Generator Paperwork Requirements Table 
below. If the waste changes, the generator must send a new notice to the 
receiving facility, and place a copy in their files.

                                     Generator Paperwork Requirements Table
----------------------------------------------------------------------------------------------------------------
                                                           Sec.  268.7   Sec.  268.7   Sec.  268.7   Sec.  268.7
                  Required information                       (a)(2)        (a)(3)        (a)(4)        (a)(9)
----------------------------------------------------------------------------------------------------------------
1. EPA Hazardous Waste Numbers and Manifest Number of                              
 first shipment.........................................
2. Statement: this waste is not prohibited from land                                      
 disposal...............................................
3. The waste is subject to the LDRs. The constituents of             
 concern for F001-F005, and F039, and underlying
 hazardous constituents in characteristic wastes, unless
 the waste will be treated and monitored for all
 constituents. If all constituents will be treated and
 monitored, there is no need to put them all on the LDR
 notice.................................................
4. The notice must include the applicable wastewater/                
 nonwastewater category (see Secs.  268.2(d) and (f))
 and subdivisions made within a waste code based on
 waste-specific criteria (such as D003 reactive cyanide)
5. Waste analysis data (when available).................                    
6. Date the waste is subject to the prohibition.........                                  
7. For hazardous debris, when treating with the                                    
 alternative treatment technologies provided by Sec.
 268.45: the contaminants subject to treatment, as
 described in Sec.  268.45(b); and an indication that
 these contaminants are being treated to comply with
 Sec.  268.45...........................................
8. For contaminated soil subject to LDRs as provided in              
 Sec.  268.49(a), the constituents subject to treatment
 as described in Sec.  268.49(d), and the following
 statement: This contaminated soil [does/does not]
 contain listed hazardous waste and [does/does not]
 exhibit a characteristic of hazardous waste and [is
 subject to/complies with the soil treatment standards
 as provided by Sec.  268.49(c) or the universal
 treatment standards....................................
9. A certification is needed (see applicable section for                                         
 exact wording).........................................
----------------------------------------------------------------------------------------------------------------

    (5) If a generator is managing and treating prohibited waste or 
contaminated soil in tanks, containers, or containment buildings 
regulated under 40 CFR 262.34 to meet applicable LDR treatment standards 
found at Sec. 268.40, the generator must develop and follow a written 
waste analysis plan which describes the procedures they will carry out 
to comply with the treatment standards. (Generators treating hazardous 
debris under the alternative treatment standards of Table 1, 
Sec. 268.45, however, are not subject to these waste analysis 
requirements.) The plan must be kept on site in the generator's records, 
and the following requirements must be met:
    (i) The waste analysis plan must be based on a detailed chemical and 
physical analysis of a representative sample of the prohibited waste(s) 
being treated, and contain all information necessary to treat the 
waste(s) in accordance with the requirements of this part, including the 
selected testing frequency.
    (ii) Such plan must be kept in the facility's on-site files and made 
available to inspectors.
    (iii) Wastes shipped off-site pursuant to this paragraph must comply 
with the notification requirements of Sec. 268.7(a)(3).
    (6) If a generator determines that the waste or contaminated soil is 
restricted based solely on his knowledge of the waste, all supporting 
data used to make this determination must be retained on-site in the 
generator's files. If a generator determines that the waste is 
restricted based on testing

[[Page 127]]

this waste or an extract developed using the test method 1311 in ``Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication SW-846, as referenced in Sec. 260.11 of this chapter, and 
all waste analysis data must be retained on-site in the generator's 
files.
    (7) If a generator determines that he is managing a prohibited waste 
that is excluded from the definition of hazardous or solid waste or is 
exempted from Subtitle C regulation under 40 CFR 261.2 through 261.6 
subsequent to the point of generation (including deactivated 
characteristic hazardous wastes managed in wastewater treatment systems 
subject to the Clean Water Act (CWA) as specified at 40 CFR 261.4(a)(2) 
or that are CWA-equivalent, or are managed in an underground injection 
well regulated by the SDWA), he must place a one-time notice describing 
such generation, subsequent exclusion from the definition of hazardous 
or solid waste or exemption from RCRA Subtitle C regulation, and the 
disposition of the waste, in the facility's on-site files.
    (8) Generators must retain on-site a copy of all notices, 
certifications, waste analysis data, and other documentation produced 
pursuant to this section for at least three years from the date that the 
waste that is the subject of such documentation was last sent to on-site 
or off-site treatment, storage, or disposal. The three year record 
retention period is automatically extended during the course of any 
unresolved enforcement action regarding the regulated activity or as 
requested by the Administrator. The requirements of this paragraph apply 
to solid wastes even when the hazardous characteristic is removed prior 
to disposal, or when the waste is excluded from the definition of 
hazardous or solid waste under 40 CFR 261.2 through 261.6, or exempted 
from Subtitle C regulation, subsequent to the point of generation.
    (9) If a generator is managing a lab pack containing hazardous 
wastes and wishes to use the alternative treatment standard for lab 
packs found at Sec. 268.42(c):
    (i) With the initial shipment of waste to a treatment facility, the 
generator must submit a notice that provides the information in column 
``Sec. 268.7(a)(9)'' in the Generator Paperwork Requirements Table of 
paragraph (a)(4) of this section, and the following certification. The 
certification, which must be signed by an authorized representative and 
must be placed in the generator's files, must say the following:

    I certify under penalty of law that I personally have examined and 
am familiar with the waste and that the lab pack contains only wastes 
that have not been excluded under appendix IV to 40 CFR part 268 and 
that this lab pack will be sent to a combustion facility in compliance 
with the alternative treatment standards for lab packs at 40 CFR 
268.42(c). I am aware that there are significant penalties for 
submitting a false certification, including the possibility of fine or 
imprisonment.

    (ii) No further notification is necessary until such time that the 
wastes in the lab pack change, or the receiving facility changes, in 
which case a new notice and certification must be sent and a copy placed 
in the generator's file.
    (iii) If the lab pack contains characteristic hazardous wastes 
(D001-D043), underlying hazardous constituents (as defined in 
Sec. 268.2(i)) need not be determined.
    (iv) The generator must also comply with the requirements in 
paragraphs (a)(6) and (a)(7) of this section.
    (10) Small quantity generators with tolling agreements pursuant to 
40 CFR 262.20(e) must comply with the applicable notification and 
certification requirements of paragraph (a) of this section for the 
initial shipment of the waste subject to the agreement. Such generators 
must retain on-site a copy of the notification and certification, 
together with the tolling agreement, for at least three years after 
termination or expiration of the agreement. The three-year record 
retention period is automatically extended during the course of any 
unresolved enforcement action regarding the regulated activity or as 
requested by the Administrator.
    (b) Treatment facilities must test their wastes according to the 
frequency specified in their waste analysis plans as required by 40 CFR 
264.13 (for permitted TSDs) or 40 CFR 265.13 (for interim status 
facilities). Such testing

[[Page 128]]

must be performed as provided in paragraphs (b)(1), (b)(2) and (b)(3) of 
this section.
    (1) For wastes or contaminated soil with treatment standards 
expressed in the waste extract (TCLP), the owner or operator of the 
treatment facility must test an extract of the treatment residues, using 
test method 1311 (the Toxicity Characteristic Leaching Procedure, 
described in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846 as incorporated by reference 
in Sec. 260.11 of this chapter) to assure that the treatment residues 
extract meet the applicable treatment standards.
    (2) For wastes or contaminated soil with treatment standards 
expressed as concentrations in the waste, the owner or operator of the 
treatment facility must test the treatment residues (not an extract of 
such residues) to assure that they meet the applicable treatment 
standards.
    (3) A one-time notice must be sent with the initial shipment of 
waste or contaminated soil to the land disposal facility. A copy of the 
notice must be placed in the treatment facility's file.
    (i) No further notification is necessary until such time that the 
waste or receiving facility change, in which case a new notice must be 
sent and a copy placed in the treatment facility's file.
    (ii) The one-time notice must include these requirements:

             Treatment Facility Paperwork Requirements Table
------------------------------------------------------------------------
                  Required information                    Sec.  268.7(b)
------------------------------------------------------------------------
1. EPA Hazardous Waste Numbers and Manifest Number of          
 first shipment.........................................
2. The waste is subject to the LDRs. The constituents of       
 concern for F001-F005, and F039, and underlying
 hazardous constituents in characteristic wastes, unless
 the waste will be treated and monitored for all
 constituents. If all constituents will be treated and
 monitored, there is no need to put them all on the LDR
 notice.................................................
3. The notice must include the applicable wastewater/          
 nonwastewater category (see Secs.  268.2(d) and (f))
 and subdivisions made within a waste code based on
 waste-specific criteria (such as D003 reactive cyanide)
4. Waste analysis data (when available).................       
5. For contaminated soil subject to LDRs as provided in        
 268.49(a), the constituents subject to treatment as
 described in 268.49(d) and the following statement,
 ``this contaminated soil [does/does not] exhibit a
 characteristic of hazardous waste and [is subject to/
 complies with] the soil treatment standards as provided
 by 268.49(c)...........................................
6. A certification is needed (see applicable section for       
 exact wording).........................................
------------------------------------------------------------------------

    (4) The treatment facility must submit a one-time certification 
signed by an authorized representative with the initial shipment of 
waste or treatment residue of a restricted waste to the land disposal 
facility. The certification must state:

    I certify under penalty of law that I have personally examined and 
am familiar with the treatment technology and operation of the treatment 
process used to support this certification. Based on my inquiry of those 
individuals immediately responsible for obtaining this information, I 
believe that the treatment process has been operated and maintained 
properly so as to comply with the treatment standards specified in 40 
CFR 268.40 without impermissible dilution of the prohibited waste. I am 
aware there are significant penalties for submitting a false 
certification, including the possibility of fine and imprisonment.


A certification is also necessary for contaminated soil and it must 
state:

    I certify under penalty of law that I have personally examined and 
am familiar with the treatment technology and operation of the treatment 
process used to support this certification and believe that it has been 
maintained and operated properly so as to comply with treatment 
standards specified in 40 CFR 268.49 without impermissible dilution of 
the prohibited wastes. I am aware there are significant penalties for 
submitting a false certification, including the possibility of fine and 
imprisonment.

    (i) A copy of the certification must be placed in the treatment 
facility's on-site files. If the waste or treatment residue changes, or 
the receiving facility changes, a new certification must be sent to the 
receiving facility, and a copy placed in the file.
    (ii) Debris excluded from the definition of hazardous waste under 
Sec. 261.3(e) of this chapter (i.e., debris treated by an extraction or 
destruction technology provided by Table 1, Sec. 268.45, and debris that 
the Director has determined does not contain hazardous

[[Page 129]]

waste), however, is subject to the notification and certification 
requirements of paragraph (d) of this section rather than the 
certification requirements of this paragraph.
    (iii) For wastes with organic constituents having treatment 
standards expressed as concentration levels, if compliance with the 
treatment standards is based in whole or in part on the analytical 
detection limit alternative specified in Sec. 268.40(d), the 
certification, signed by an authorized representative, must state the 
following:

    I certify under penalty of law that I have personally examined and 
am familiar with the treatment technology and operation of the treatment 
process used to support this certification. Based on my inquiry of those 
individuals immediately responsible for obtaining this information, I 
believe that the nonwastewater organic constituents have been treated by 
combustion units as specified in 268.42, Table 1. I have been unable to 
detect the nonwastewater organic constituents, despite having used best 
good-faith efforts to analyze for such constituents. I am aware there 
are significant penalties for submitting a false certification, 
including the possibility of fine and imprisonment.

    (iv) For characteristic wastes that are subject to the treatment 
standards in Sec. 268.40 (other than those expressed as a method of 
treatment), or Sec. 268.49, and that contain underlying hazardous 
constituents as defined in Sec. 268.2(i); if these wastes are treated 
on-site to remove the hazardous characteristic; and are then sent off-
site for treatment of underlying hazardous constituents, the 
certification must state the following:

    I certify under penalty of law that the waste has been treated in 
accordance with the requirements of 40 CFR 268.40 or 268.49 to remove 
the hazardous characteristic. This decharacterized waste contains 
underlying hazardous constituents that require further treatment to meet 
treatment standards. I am aware that there are significant penalties for 
submitting a false certification, including the possibility of fine and 
imprisonment.

    (v) For characteristic wastes that contain underlying hazardous 
constituents as defined Sec. 268.2(i) that are treated on-site to remove 
the hazardous characteristic to treat underlying hazardous constituents 
to levels in Sec. 268.48 Universal Treatment Standards, the 
certification must state the following:

    I certify under penalty of law that the waste has been treated in 
accordance with the requirements of 40 CFR 268.40 to remove the 
hazardous characteristic and that underlying hazardous constituents, as 
defined in Sec. 268.2(i) have been treated on-site to meet the 
Sec. 268.48 Universal Treatment Standards. I am aware that there are 
significant penalties for submitting a false certification, including 
the possibility of fine and imprisonment.

    (5) If the waste or treatment residue will be further managed at a 
different treatment, storage, or disposal facility, the treatment, 
storage, or disposal facility sending the waste or treatment residue 
off-site must comply with the notice and certification requirements 
applicable to generators under this section.
    (6) Where the wastes are recyclable materials used in a manner 
constituting disposal subject to the provisions of Sec. 268.20(b) 
regarding treatment standards and prohibition levels, the owner or 
operator of a treatment facility (i.e., the recycler) is not required to 
notify the receiving facility, pursuant to paragraph (b)(3) of this 
section. With each shipment of such wastes the owner or operator of the 
recycling facility must submit a certification described in paragraph 
(b)(4) of this section, and a notice which includes the information 
listed in paragraph (b)(3) of this section (except the manifest number) 
to the Regional Administrator, or his delegated representative. The 
recycling facility also must keep records of the name and location of 
each entity receiving the hazardous waste-derived product.
    (c) Except where the owner or operator is disposing of any waste 
that is a recyclable material used in a manner constituting disposal 
pursuant to 40 CFR 266.20(b), the owner or operator of any land disposal 
facility disposing any waste subject to restrictions under this part 
must:
    (1) Have copies of the notice and certifications specified in 
paragraph (a) or (b) of this section.
    (2) Test the waste, or an extract of the waste or treatment residue 
developed using test method 1311 (the Toxicity Characteristic Leaching 
Procedure), described in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846 as incorporated by 
reference in

[[Page 130]]

Sec. 260.11 of this chapter), to assure that the wastes or treatment 
residues are in compliance with the applicable treatment standards set 
forth in subpart D of this part. Such testing must be performed 
according to the frequency specified in the facility's waste analysis 
plan as required by Sec. 264.13 or Sec. 265.13 of this chapter.
    (d) Generators or treaters who first claim that hazardous debris is 
excluded from the definition of hazardous waste under Sec. 261.3(e) of 
this chapter (i.e., debris treated by an extraction or destruction 
technology provided by Table 1, Sec. 268.45, and debris that the EPA 
Regional Administrator (or his designated representative) or State 
authorized to implement part 268 requirements has determined does not 
contain hazardous waste) are subject to the following notification and 
certification requirements:
    (1) A one-time notification, including the following information, 
must be submitted to the EPA Regional hazardous waste management 
division director (or his designated representative) or State authorized 
to implement part 268 requirements, or State authorized to implement 
part 268 requirements:
    (2) The notification must be updated if the debris is shipped to a 
different facility, and, for debris excluded under Sec. 261.2(e)(1) of 
this chapter, if a different type of debris is treated or if a different 
technology is used to treat the debris.
    (3) For debris excluded under Sec. 261.3(e)(1) of this chapter, the 
owner or operator of the treatment facility must document and certify 
compliance with the treatment standards of Table 1, Sec. 268.45, as 
follows:
    (i) Records must be kept of all inspections, evaluations, and 
analyses of treated debris that are made to determine compliance with 
the treatment standards;
    (ii) Records must be kept of any data or information the treater 
obtains during treatment of the debris that identifies key operating 
parameters of the treatment unit; and
    (iii) For each shipment of treated debris, a certification of 
compliance with the treatment standards must be signed by an authorized 
representative and placed in the facility's files. The certification 
must state the following: ``I certify under penalty of law that the 
debris has been treated in accordance with the requirements of 40 CFR 
268.45. I am aware that there are significant penalties for making a 
false certification, including the possibility of fine and 
imprisonment.''
    (e) Generators and treaters who first receive from EPA or an 
authorized state a determination that a given contaminated soil subject 
to LDRs as provided in Sec. 268.49(a) no longer contains a listed 
hazardous waste and generators and treaters who first determine that a 
contaminated soil subject to LDRs as provided in Sec. 268.49(a) no 
longer exhibits a characteristic of hazardous waste must:
    (1) Prepare a one-time only documentation of these determinations 
including all supporting information; and,
    (2) Maintain that information in the facility files and other 
records for a minimum of three years.

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 
FR 25789, July 8, 1987; 53 FR 31213, Aug. 17, 1988; 54 FR 26648, June 
23, 1989; 54 FR 36971, Sept. 6, 1989; 55 FR 22687, June 1, 1990; 55 FR 
23935, June 13, 1990; 56 FR 3877, Jan. 31, 1991; 57 FR 37270, Aug. 18, 
1992; 58 FR 29884, May 24, 1993; 58 FR 46050, Aug. 31, 1993; 59 FR 
47980, Sept. 19, 1994; 59 FR 48043, Sept. 19, 1994; 60 FR 244, Jan. 3, 
1995; 61 FR 15598, Apr. 8, 1996; 62 FR 26019, May 12, 1997; 63 FR 28639, 
May 26, 1998; 64 FR 25414, May 11, 1999]



Sec. 268.8  [Reserved]



Sec. 268.9  Special rules regarding wastes that exhibit a characteristic.

    (a) The initial generator of a solid waste must determine each EPA 
Hazardous Waste Number (waste code) applicable to the waste in order to 
determine the applicable treatment standards under subpart D of this 
part. For purposes of part 268, the waste will carry the waste code for 
any applicable listed waste (Part 261, Subpart D). In addition, where 
the waste exhibits a characteristic, the waste will carry one or more of 
the characteristic waste codes (Part 261, Subpart C), except when the 
treatment standard for the listed waste operates in lieu of the

[[Page 131]]

treatment standard for the characteristic waste, as specified in 
paragraph (b) of this section. If the generator determines that their 
waste displays a hazardous characteristic (and is not D001 
nonwastewaters treated by CMBST, RORGS, OR POLYM of Sec. 268.42, Table 
1), the generator must determine the underlying hazardous constituents 
(as defined at Sec. 268.2(i)) in the characteristic waste.
    (b) Where a prohibited waste is both listed under 40 CFR part 261, 
subpart D and exhibits a characteristic under 40 CFR part 261, subpart 
C, the treatment standard for the waste code listed in 40 CFR part 261, 
subpart D will operate in lieu of the standard for the waste code under 
40 CFR part 261, subpart C, provided that the treatment standard for the 
listed waste includes a treatment standard for the constituent that 
causes the waste to exhibit the characteristic. Otherwise, the waste 
must meet the treatment standards for all applicable listed and 
characteristic waste codes.
    (c) In addition to any applicable standards determined from the 
initial point of generation, no prohibited waste which exhibits a 
characteristic under 40 CFR part 261, subpart C may be land disposed 
unless the waste complies with the treatment standards under subpart D 
of this part.
    (d) Wastes that exhibit a characteristic are also subject to 
Sec. 268.7 requirements, except that once the waste is no longer 
hazardous, a one-time notification and certification must be placed in 
the generators or treaters files and sent to the EPA region or 
authorized state. The notification and certification that is placed in 
the generators or treaters files must be updated if the process or 
operation generating the waste changes and/or if the subtitle D facility 
receiving the waste changes. However, the generator or treater need only 
notify the EPA region or an authorized state on an annual basis if such 
changes occur. Such notification and certification should be sent to the 
EPA region or authorized state by the end of the calendar year, but no 
later that December 31.
    (1) The notification must include the following information:
    (i) Name and address of the RCRA Subtitle D facility receiving the 
waste shipment; and
    (ii) A description of the waste as initially generated, including 
the applicable EPA hazardous waste code(s), treatability group(s), and 
underlying hazardous constituents (as defined in Sec. 268.2(i)), unless 
the waste will be treated and monitored for all underlying hazardous 
constituents. If all underlying hazardous constituents will be treated 
and monitored, there is no requirement to list any of the underlying 
hazardous constituents on the notice.
    (2) The certification must be signed by an authorized representative 
and must state the language found in Sec. 268.7(b)(4).
    (i) If treatment removes the characteristic but does not meet 
standards applicable to underlying hazardous constituents, then the 
certification found in Sec. 268.7(b)(4)(iv) applies.
    (ii) [Reserved]

[55 FR 22688, June 1, 1990, as amended at 56 FR 3878, Jan. 31, 1991; 57 
FR 37271, Aug. 18, 1992; 58 FR 29885, May 24, 1993; 59 FR 48045, Sept. 
19, 1994; 60 FR 245, Jan. 3, 1995; 61 FR 15599, 15662, Apr. 8, 1996; 62 
FR 26022, May 12, 1997; 64 FR 25415, May 11, 1999]



 Subpart B--Schedule for Land Disposal Prohibition and Establishment of 
                           Treatment Standards

    Source: 51 FR 19305, May 28, 1986, unless otherwise noted.



Secs. 268.10--268.12  [Reserved]



Sec. 268.13  Schedule for wastes identified or listed after November 8, 1984.

    In the case of any hazardous waste identified or listed under 
section 3001 after November 8, 1984, the Administrator shall make a land 
disposal prohibition determination within 6 months after the date of 
identification or listing.



Sec. 268.14  Surface impoundment exemptions.

    (a) This section defines additional circumstances under which an 
otherwise prohibited waste may continue to be placed in a surface 
impoundment.

[[Page 132]]

    (b) Wastes which are newly identified or listed under section 3001 
after November 8, 1984, and stored in a surface impoundment that is 
newly subject to subtitle C of RCRA as a result of the additional 
identification or listing, may continue to be stored in the surface 
impoundment for 48 months after the promulgation of the additional 
listing or characteristic, not withstanding that the waste is otherwise 
prohibited from land disposal, provided that the surface impoundment is 
in compliance with the requirements of subpart F of part 265 of this 
chapter within 12 months after promulgation of the new listing or 
characteristic.
    (c) Wastes which are newly identified or listed under section 3001 
after November 8, 1984, and treated in a surface impoundment that is 
newly subject to subtitle C of RCRA as a result of the additional 
identification or listing, may continue to be treated in that surface 
impoundment, not withstanding that the waste is otherwise prohibited 
from land disposal, provided that surface impoundment is in compliance 
with the requirements of subpart F of part 265 of this chapter within 12 
months after the promulgation of the new listing or characteristic. In 
addition, if the surface impoundment continues to treat hazardous waste 
after 48 months from promulgation of the additional listing or 
characteristic, it must then be in compliance with Sec. 268.4.

[57 FR 37271, Aug. 18, 1992]



                Subpart C--Prohibitions on Land Disposal



Sec. 268.30  Waste specific prohibitions--wood preserving wastes.

    (a) Effective August 11, 1997, the following wastes are prohibited 
from land disposal: the wastes specified in 40 CFR part 261 as EPA 
Hazardous Waste numbers F032, F034, and F035.
    (b) Effective May 12, 1999, the following wastes are prohibited from 
land disposal: soil and debris contaminated with F032, F034, F035; and 
radioactive wastes mixed with EPA Hazardous waste numbers F032, F034, 
and F035.
    (c) Between May 12, 1997 and May 12, 1999, soil and debris 
contaminated with F032, F034, F035; and radioactive waste mixed with 
F032, F034, and F035 may be disposed in a landfill or surface 
impoundment only if such unit is in compliance with the requirements 
specified in Sec. 268.5(h)(2) of this part.
    (d) The requirements of paragraphs (a) and (b) of this section do 
not apply if:
    (1) The wastes meet the applicable treatment standards specified in 
Subpart D of this part;
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable alternate treatment standards 
established pursuant to a petition granted under Sec. 268.44; or
    (4) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to those wastes 
covered by the extension.
    (e) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in 
Sec. 268.40, the initial generator must test a sample of the waste 
extract or the entire waste, depending on whether the treatment 
standards are expressed as concentrations in the waste extract or the 
waste, or the generator may use knowledge of the waste. If the waste 
contains constituents in excess of the applicable Universal Treatment 
Standard levels of Sec. 268.48 of this part, the waste is prohibited 
from land disposal, and all requirements of part 268 are applicable, 
except as otherwise specified.

[62 FR 26022, May 12, 1997]



Sec. 268.31  Waste specific prohibitions--Dioxin-containing wastes.

    (a) Effective November 8, 1988, the dioxin-containing wastes 
specified in 40 CFR 261.31 as EPA Hazardous Waste Nos. F020, F02l, F022, 
F023, F026, F027, and F028, are prohibited from land disposal unless the 
following condition applies:
    (1) The F020-F023 and F026-F028 dioxin-containing waste is 
contaminated soil and debris resulting from a response action taken 
under section 104 or 106 of the Comprehensive Environmental Response, 
Compensation, and

[[Page 133]]

Liability Act of 1980 (CERCLA) or a corrective action taken under 
subtitle C of the Resource Conservation and Recovery Act (RCRA).
    (b) Effective November 8, 1990, the F020-F023 and F026-F028 dioxin-
containing wastes listed in paragraph (a)(1) of this section are 
prohibited from land disposal.
    (c) Between November 8, 1988, and November 8, 1990, wastes included 
in paragraph (a)(1) of this section may be disposed in a landfill or 
surface impoundment only if such unit is in compliance with the 
requirements specified in Sec. 268.5(h)(2) and all other applicable 
requirements of parts 264 and 265 of this chapter.
    (d) The requirements of paragraphs (a) and (b) of this section do 
not apply if:
    (1) The wastes meet the standards of subpart D of this part; or
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition; or
    (3) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to those wastes 
covered by the extension.

[53 FR 31216, Aug. 17, 1988]



Sec. 268.32  [Reserved]



Sec. 268.33  Waste specific prohibitions--organobromine wastes.

    (a) Effective November 4, 1998, the waste specified in 40 CFR 261.32 
as EPA Hazardous Wastes Numbers K140, and in 40 CFR 261.33 as EPA 
Hazardous waste number U408 are prohibited from land disposal. In 
addition, soils and debris contaminated with these wastes, radioactive 
wastes mixed with these hazardous wastes, and soils and debris 
contaminated with these radioactive mixed wastes, are prohibited from 
land disposal.
    (b) The requirements of paragraph (a) of this section do not apply 
if:
    (1) The wastes meet the applicable treatment standards specified in 
subpart D of this part;
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable treatment standards established 
pursuant to a petition granted under Sec. 268.44;
    (4) Hazardous debris that has met treatment standards in Sec. 268.40 
or in the alternative treatment standards in Sec. 268.45; or
    (5) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to these wastes 
covered by the extension.
    (c) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in 
Sec. 268.40, the initial generator must test a sample of the waste 
extract or the entire waste, depending on whether the treatment 
standards are expressed as concentrations in the waste extract or the 
waste, or the generator may use knowledge of the waste. If the waste 
contains constituents in excess of the applicable Universal Treatment 
Standard levels of Sec. 268.48 of this part, the waste is prohibited 
from land disposal, and all requirements of this part 268 are 
applicable, except as otherwise specified.

[63 FR 24625, May 4, 1998; 63 FR 35149, June 29, 1998]



Sec. 268.34  Waste specific prohibitions--toxicity characteristic metal wastes.

    (a) Effective August 24, 1998, the following wastes are prohibited 
from land disposal: the wastes specified in 40 CFR Part 261 as EPA 
Hazardous Waste numbers D004-D011 that are newly identified (i.e. 
wastes, soil, or debris identified as hazardous by the Toxic 
Characteristic Leaching Procedure but not the Extraction Procedure), and 
waste, soil, or debris from mineral processing operations that is 
identified as hazardous by the specifications at 40 CFR Part 261.
    (b) Effective November 26, 1998, the following waste is prohibited 
from land disposal: Slag from secondary lead smelting which exhibits the 
Toxicity Characteristic due to the presence of one or more metals.
    (c) Effective May 26, 2000, the following wastes are prohibited from 
land

[[Page 134]]

disposal: newly identified characteristic wastes from elemental 
phosphorus processing; radioactive wastes mixed with EPA Hazardous 
wastes D004-D011 that are newly identified (i.e., wastes, soil, or 
debris identified as hazardous by the Toxic Characteristic Leaching 
Procedure but not the Extraction Procedure); or mixed with newly 
identified characteristic mineral processing wastes, soil, or debris.
    (d) Between May 26, 1998 and May 26, 2000, newly identified 
characteristic wastes from elemental phosphorus processing, radioactive 
waste mixed with D004-D011 wastes that are newly identified (i.e., 
wastes, soil, or debris identified as hazardous by the Toxic 
Characteristic Leaching Procedure but not the Extraction Procedure), or 
mixed with newly identified characteristic mineral processing wastes, 
soil, or debris may be disposed in a landfill or surface impoundment 
only if such unit is in compliance with the requirements specified in 
Sec. 268.5(h) of this part.
    (e) The requirements of paragraphs (a) and (b) of this section do 
not apply if:
    (1) The wastes meet the applicable treatment standards specified in 
subpart D of this part:
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable alternate treatment standards 
established pursuant to a petition granted under Sec. 268.44; or
    (4) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to these wastes 
covered by the extension.
    (f) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in 
Sec. 268.40, the initial generator must test a sample of the waste 
extract or the entire waste, depending on whether the treatment 
standards are expressed as concentration in the waste extract or the 
waste, or the generator may use knowledge of the waste. If the waste 
contains constituents (including underlying hazardous constituents in 
characteristic wastes) in excess of the applicable Universal Treatment 
Standard levels of Sec. 268.48 of this part, the waste is prohibited 
from land disposal, and all requirements of part 268 are applicable, 
except as otherwise specified.

[63 FR 28641, May 26, 1998, as amended at 63 FR 48127, Sept. 9, 1998]



Sec. 268.35  Waste specific prohibitions--petroleum refining wastes.

    (a) Effective February 8, 1999, the wastes specified in 40 CFR part 
261 as EPA Hazardous Wastes Numbers K169, K170, K171, and K172, soils 
and debris contaminated with these wastes, radioactive wastes mixed with 
these hazardous wastes, and soils and debris contaminated with these 
radioactive mixed wastes, are prohibited from land disposal.
    (b) The requirements of paragraph (a) of this section do not apply 
if:
    (1) The wastes meet the applicable treatment standards specified in 
Subpart D of this part;
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable treatment standards established 
pursuant to a petition granted under Sec. 268.44;
    (4) Hazardous debris that have met treatment standards in 
Sec. 268.40 or in the alternative treatment standards in Sec. 268.45; or
    (5) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to these wastes 
covered by the extension.
    (c) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in 
Sec. 268.40, the initial generator must test a sample of the waste 
extract or the entire waste, depending on whether the treatment 
standards are expressed as concentrations in the waste extract or the 
waste, or the generator may use knowledge of the waste. If the waste 
contains constituents in excess of the applicable Universal Treatment 
Standard levels of Sec. 268.48, the waste is prohibited from land 
disposal, and all requirements of this part

[[Page 135]]

are applicable, except as otherwise specified.

[63 FR 42186, Aug. 6, 1998]



Sec. 268.36  [Reserved]



Sec. 268.37  Waste specific prohibitions--ignitable and corrosive characteristic wastes whose treatment standards were vacated.

    (a) Effective August 9, 1993, the wastes specified in 40 CFR 261.21 
as D001 (and is not in the High TOC Ignitable Liquids Subcategory), and 
specified in Sec. 261.22 as D002, that are managed in systems other than 
those whose discharge is regulated under the Clean Water Act (CWA), or 
that inject in Class I deep wells regulated under the Safe Drinking 
Water Act (SDWA), or that are zero dischargers that engage in CWA-
equivalent treatment before ultimate land disposal, are prohibited from 
land disposal. CWA-equivalent treatment means biological treatment for 
organics, alkaline chlorination or ferrous sulfate precipitation for 
cyanide, precipitation/sedimentation for metals, reduction of hexavalent 
chromium, or other treatment technology that can be demonstrated to 
perform equally or greater than these technologies.
    (b) Effective February 10, 1994, the wastes specified in 40 CFR 
261.21 as D001 (and is not in the High TOC Ignitable Liquids 
Subcategory), and specified in Sec. 261.22 as D002, that are managed in 
systems defined in 40 CFR 144.6(e) and 146.6(e) as Class V injection 
wells, that do not engage in CWA-equivalent treatment before injection, 
are prohibited from land disposal.

[58 FR 29885, May 24, 1993]



Sec. 268.38  Waste specific prohibitions--newly identified organic toxicity characteristic wastes and newly listed coke by-product and chlorotoluene production 
          wastes.

    (a) Effective December 19, 1994, the wastes specified in 40 CFR 
261.32 as EPA Hazardous Waste numbers K141, K142, K143, K144, K145, 
K147, K148, K149, K150, and K151 are prohibited from land disposal. In 
addition, debris contaminated with EPA Hazardous Waste numbers F037, 
F038, K107-K112, K117, K118, K123-K126, K131, K132, K136, U328, U353, 
U359, and soil and debris contaminated with D012-D043, K141-K145, and 
K147-K151 are prohibited from land disposal. The following wastes that 
are specified in 40 CFR 261.24, Table 1 as EPA Hazardous Waste numbers: 
D012, D013, D014, D015, D016, D017, D018, D019, D020, D021, D022, D023, 
D024, D025, D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, 
D036, D037, D038, D039, D040, D041, D042, D043 that are not radioactive, 
or that are managed in systems other than those whose discharge is 
regulated under the Clean Water Act (CWA), or that are zero dischargers 
that do not engage in CWA-equivalent treatment before ultimate land 
disposal, or that are injected in Class I deep wells regulated under the 
Safe Drinking Water Act (SDWA), are prohibited from land disposal. CWA-
equivalent treatment means biological treatment for organics, alkaline 
chlorination or ferrous sulfate precipitation for cyanide, 
precipitation/ sedimentation for metals, reduction of hexavalent 
chromium, or other treatment technology that can be demonstrated to 
perform equally or better than these technologies.
    (b) On September 19, 1996, radioactive wastes that are mixed with 
D018-D043 that are managed in systems other than those whose discharge 
is regulated under the Clean Water Act (CWA), or that inject in Class I 
deep wells regulated under the Safe Drinking Water Act (SDWA), or that 
are zero dischargers that engage in CWA-equivalent treatment before 
ultimate land disposal, are prohibited from land disposal. CWA-
equivalent treatment means biological treatment for organics, alkaline 
chlorination or ferrous sulfate precipitation for cyanide, 
precipitation/ sedimentation for metals, reduction of hexavalent 
chromium, or other treatment technology that can be demonstrated to 
perform equally or greater than these technologies. Radioactive wastes 
mixed with K141-K145, and K147-K151 are also prohibited from land 
disposal. In addition, soil and debris contaminated with these 
radioactive mixed wastes are prohibited from land disposal.
    (c) Between December 19, 1994 and September 19, 1996, the wastes 
included in paragraphs (b) of this section may be

[[Page 136]]

disposed in a landfill or surface impoundment, only if such unit is in 
compliance with the requirements specified in Sec. 268.5(h)(2) of this 
Part.
    (d) The requirements of paragraphs (a), (b), and (c) of this section 
do not apply if:
    (1) The wastes meet the applicable treatment standards specified in 
Subpart D of this part;
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable alternate treatment standards 
established pursuant to a petition granted under Sec. 268.44;
    (4) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to these wastes 
covered by the extension.
    (e) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in 
Sec. 268.40, the initial generator must test a sample of the waste 
extract or the entire waste, depending on whether the treatment 
standards are expressed as concentrations in the waste extract or the 
waste, or the generator may use knowledge of the waste. If the waste 
contains constituents in excess of the applicable Subpart D levels, the 
waste is prohibited from land disposal, and all requirements of part 268 
are applicable, except as otherwise specified.

[59 FR 48045, Sept. 19, 1995]



Sec. 268.39  Waste specific prohibitions--spent aluminum potliners; reactive; and carbamate wastes.

    (a) On July 8, 1996, the wastes specified in 40 CFR 261.32 as EPA 
Hazardous Waste numbers K156-K159, and K161; and in 40 CFR 261.33 as EPA 
Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, 
P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, 
U395, U404, and U409-U411 are prohibited from land disposal. In 
addition, soil and debris contaminated with these wastes are prohibited 
from land disposal.
    (b) On July 8, 1996, the wastes identified in 40 CFR 261.23 as D003 
that are managed in systems other than those whose discharge is 
regulated under the Clean Water Act (CWA), or that inject in Class I 
deep wells regulated under the Safe Drinking Water Act (SDWA), or that 
are zero dischargers that engage in CWA-equivalent treatment before 
ultimate land disposal, are prohibited from land disposal. This 
prohibition does not apply to unexploded ordnance and other explosive 
devices which have been the subject of an emergency response. (Such D003 
wastes are prohibited unless they meet the treatment standard of DEACT 
before land disposal (see Sec. 268.40)).
    (c) On September 21, 1998, the wastes specified in 40 CFR 261.32 as 
EPA Hazardous Waste number K088 are prohibited from land disposal. In 
addition, soil and debris contaminated with these wastes are prohibited 
from land disposal.
    (d) On April 8, 1998, radioactive wastes mixed with K088, K156-K159, 
K161, P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, 
U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and 
U409-U411 are prohibited from land disposal. In addition, soil and 
debris contaminated with these radioactive mixed wastes are prohibited 
from land disposal.
    (e) Between July 8, 1996, and April 8, 1998, the wastes included in 
paragraphs (a), (c), and (d) of this section may be disposed in a 
landfill or surface impoundment, only if such unit is in compliance with 
the requirements specified in Sec. 268.5(h)(2).
    (f) The requirements of paragraphs (a), (b), (c), and (d) of this 
section do not apply if:
    (1) The wastes meet the applicable treatment standards specified in 
Subpart D of this part;
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable alternate treatment standards 
established pursuant to a petition granted under Sec. 268.44;
    (4) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect

[[Page 137]]

to these wastes covered by the extension.
    (g) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in 
Sec. 268.40, the initial generator must test a sample of the waste 
extract or the entire waste, depending on whether the treatment 
standards are expressed as concentrations in the waste extract or the 
waste, or the generator may use knowledge of the waste. If the waste 
contains constituents in excess of the applicable Subpart D levels, the 
waste is prohibited from land disposal, and all requirements of this 
part 268 are applicable, except as otherwise specified.

[61 FR 15663, Apr. 8, 1996, as amended at 61 FR 33683, June 28, 1996; 62 
FR 1997, Jan. 14, 1997; 62 FR 32979, June 17, 1997; 62 FR 37699, July 
14, 1997; 63 FR 51264, Sept. 24, 1998]



                     Subpart D--Treatment Standards



Sec. 268.40  Applicability of treatment standards.

    (a) A prohibited waste identified in the table ``Treatment Standards 
for Hazardous Wastes'' may be land disposed only if it meets the 
requirements found in the table. For each waste, the table identifies 
one of three types of treatment standard requirements:
    (1) All hazardous constituents in the waste or in the treatment 
residue must be at or below the values found in the table for that waste 
(``total waste standards''); or
    (2) The hazardous constituents in the extract of the waste or in the 
extract of the treatment residue must be at or below the values found in 
the table (``waste extract standards''); or
    (3) The waste must be treated using the technology specified in the 
table (``technology standard''), which are described in detail in 
Sec. 268.42, Table 1--Technology Codes and Description of Technology-
Based Standards.
    (b) For wastewaters, compliance with concentration level standards 
is based on maximums for any one day, except for D004 through D011 
wastes for which the previously promulgated treatment standards based on 
grab samples remain in effect. For all nonwastewaters, compliance with 
concentration level standards is based on grab sampling. For wastes 
covered by the waste extract standards, the test Method 1311, the 
Toxicity Characteristic Leaching Procedure found in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods'', EPA Publication SW-
846, as incorporated by reference in Sec. 260.11, must be used to 
measure compliance. An exception is made for D004 and D008, for which 
either of two test methods may be used: Method 1311, or Method 1310, the 
Extraction Procedure Toxicity Test. For wastes covered by a technology 
standard, the wastes may be land disposed after being treated using that 
specified technology or an equivalent treatment technology approved by 
the Administrator under the procedures set forth in Sec. 268.42(b).
    (c) When wastes with differing treatment standards for a constituent 
of concern are combined for purposes of treatment, the treatment residue 
must meet the lowest treatment standard for the constituent of concern.
    (d) Notwithstanding the prohibitions specified in paragraph (a) of 
this section, treatment and disposal facilities may demonstrate (and 
certify pursuant to 40 CFR 268.7(b)(5)) compliance with the treatment 
standards for organic constituents specified by a footnote in the table 
``Treatment Standards for Hazardous Wastes'' in this section, provided 
the following conditions are satisfied:
    (1) The treatment standards for the organic constituents were 
established based on incineration in units operated in accordance with 
the technical requirements of 40 CFR part 264, subpart O, or based on 
combustion in fuel substitution units operating in accordance with 
applicable technical requirements;
    (2) The treatment or disposal facility has used the methods 
referenced in paragraph (d)(1) of this section to treat the organic 
constituents; and
    (3) The treatment or disposal facility may demonstrate compliance 
with organic constituents if good-faith analytical efforts achieve 
detection limits for the regulated organic constituents that do not 
exceed the treatment standards specified in this section by an order of 
magnitude.
    (e) For characteristic wastes (D001-D043) that are subject to 
treatment

[[Page 138]]

standards in the following table ``Treatment Standards for Hazardous 
Wastes,'' and are not managed in a wastewater treatment system that is 
regulated under the Clean Water Act (CWA), that is CWA-equivalent, or 
that is injected into a Class I nonhazardous deep injection well, all 
underlying hazardous constituents (as defined in Sec. 268.2(i)) must 
meet Universal Treatment Standards, found in Sec. 268.48, Table 
Universal Treatment Standards, prior to land disposal as defined in 
Sec. 268.2(c) of this part.
    (f) The treatment standards for F001-F005 nonwastewater constituents 
carbon disulfide, cyclohexanone, and/or methanol apply to wastes which 
contain only one, two, or three of these constituents. Compliance is 
measured for these constituents in the waste extract from test Method 
1311, the Toxicity Characteristic Leaching Procedure found in ``Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods'', EPA 
Publication SW-846, as incorporated by reference in Sec. 260.11. If the 
waste contains any of these three constituents along with any of the 
other 25 constituents found in F001-F005, then compliance with treatment 
standards for carbon disulfide, cyclohexanone, and/or methanol are not 
required.
    (g) Between August 26, 1996 and March 4, 1999 the treatment 
standards for the wastes specified in 40 CFR 261.32 as EPA Hazardous 
Waste numbers K156-K161; and in 40 CFR 261.33 as EPA Hazardous Waste 
numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, 
U277-U280, U364-U367, U372, U373, U375-U379, U381-U387, U389-U396, U400-
U404, U407, and U409-U411; and soil contaminated with these wastes; may 
be satisfied by either meeting the constituent concentrations presented 
in the table ``Treatment Standards for Hazardous Wastes'' in this 
section, or by treating the waste by the following technologies: 
combustion, as defined by the technology code CMBST at Sec. 268.42 Table 
1, for nonwastewaters; and, biodegradation as definded by the technology 
code BIODG, carbon adsorption as defined by the technology code CARBN, 
chemical oxidation as defined by the technology code CHOXD, or 
combustion as defined as technology code CMBST at Sec. 268.42 Table 1, 
for wastewaters.
    (h) Prohibited D004-D011 mixed radioactive wastes and mixed 
radioactive listed wastes containing metal constituents, that were 
previously treated by stabilization to the treatment standards in effect 
at that time and then put into storage, do not have to be re-treated to 
meet treatment standards in this section prior to land disposal.
    (i) Zinc micronutrient fertilizers that are produced for the general 
public's use and that are produced from or contain recycled 
characteristic hazardous wastes (D004-D011) are subject to the 
applicable treatment standards in Sec. 268.41 contained in the 40 CFR, 
parts 260 to 299, edition revised as of July 1, 1990.
    (j) Zinc-containing fertilizers that are produced for the general 
public's use and that are produced from or contain recycled 
characteristic hazardous wastes (D004-D011) are subject to the 
applicable treatment standards in Sec. 268.41 contained in the 40 CFR, 
parts 260 to 299, edition revised as of July 1, 1990.

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    Footnotes to Treatment Standard Table 268.40
    \1\ The waste descriptions provided in this table do not replace 
waste descriptions in 40 CFR 261. Descriptions of Treatment/Regulatory 
Subcategories are provided, as needed, to distinguish between 
applicability of different standards.

[[Page 260]]

    \2\ CAS means Chemical Abstract Services. When the waste code and/or 
regulated constituents are described as a combination of a chemical with 
its salts and/or esters, the CAS number is given for the parent compound 
only.
    \3\ Concentration standards for wastewaters are expressed in mg/l 
and are based on analysis of composite samples.
    \4\ All treatment standards expressed as a Technology Code or 
combination of Technology Codes are explained in detail in 40 CFR 268.42 
Table 1--Technology Codes and Descriptions of Technology-Based 
Standards.
    \5\ Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) 
the nonwastewater treatment standards expressed as a concentration were 
established, in part, based upon incineration in units operated in 
accordance with the technical requirements of 40 CFR Part 264 Subpart O 
or Part 265 Subpart O, or based upon combustion in fuel substitution 
units operating in accordance with applicable technical requirements. A 
facility may comply with these treatment standards according to 
provisions in 40 CFR 268.40(d). All concentration standards for 
nonwastewaters are based on analysis of grab samples.
    \6\ Where an alternate treatment standard or set of alternate 
standards has been indicated, a facility may comply with this alternate 
standard, but only for the Treatment/Regulatory Subcategory or physical 
form (i.e., wastewater and/or nonwastewater) specified for that 
alternate standard.
    \7\ Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters 
are to be analyzed using Method 9010 or 9012, found in ``Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
SW-846, as incorporated by reference in 40 CFR 260.11, with a sample 
size of 10 grams and a distillation time of one hour and 15 minutes.
    \8\ These wastes, when rendered nonhazardous and then subsequently 
managed in CWA, or CWA-equivalent systems, are not subject to treatment 
standards. (See Sec. 268.1(c)(3) and (4)).
    \9\ These wastes, when rendered nonhazardous and then subsequently 
injected in a Class I SDWA well, are not subject to treatment standards. 
(See Sec. 148.1(d)).
    \10\ The treatment standard for this waste may be satisfied by 
either meeting the constituent concentrations in this table or by 
treating the waste by the specified technologies: combustion, as defined 
by the technology code CMBST at Sec. 268.42 Table 1 of this part, for 
nonwastewaters; and, biodegradation as defined by the technology code 
BIODG, carbon adsorption as defined by the technology code CARBN, 
chemical oxidation as defined by the technology code CHOXD, or 
combustion as defined as technology code CMBST at Sec. 268.42 Table 1 of 
this part, for wastewaters.
    \11\ For these wastes, the definition of CMBST is limited to: (1) 
combustion units operating under 40 CFR 266, (2) combustion units 
permitted under 40 CFR Part 264, Subpart O, or (3) combustion units 
operating under 40 CFR 265, Subpart O, which have obtained a 
determination of equivalent treatment under 268.42 (b).

[59 FR 48046, Sept. 19, 1994, as amended by 60 FR 245, Jan. 3, 1995; 61 
FR 15600, 15662, 15663, Apr. 8, 1996; 61 FR 33683, June 28, 1996; 61 FR 
43927, Aug. 26, 1996; 62 FR 7504, Feb. 19, 1997; 62 FR 26022, May 12, 
1997; 62 FR 32979, June 17, 1997; 62 FR 45572, Aug. 28, 1997; 63 FR 
24626, May 4, 1998; 63 FR 28641, May 26, 1998; 63 FR 35149, June 29, 
1998; 63 FR 42187, Aug. 6, 1998; 63 FR 46334, Aug. 31, 1998; 63 FR 
47415, Sept. 4, 1998; 63 FR 51265, Sept. 24, 1998; 64 FR 25415, May 11, 
1999]



Sec. 268.41  Treatment standards expressed as concentrations in waste extract.

    For the requirements previously found in this section and for 
treatment standards in Table CCWE--Constituent Concentrations in Waste 
Extracts, refer to Sec. 268.40.

[59 FR 48103, Sept. 19, 1994]



Sec. 268.42  Treatment standards expressed as specified technologies.

    Note: For the requirements previously found in this section in Table 
2--Technology-Based Standards By RCRA Waste Code, and Table 3--
Technology-Based Standards for Specific Radioactive Hazardous Mixed 
Waste, refer to Sec. 268.40.
    (a) The following wastes in the table in Sec. 268.40 ``Treatment 
Standards for Hazardous Wastes,'' for which standards are expressed as a 
treatment method rather than a concentration level, must be treated 
using the technology or technologies specified in the table entitled 
``Technology Codes and Description of Technology-Based Standards'' in 
this section.

[[Page 261]]



Table 1.--Technology Codes and Description of Technology-Based Standards
------------------------------------------------------------------------
    Technology code         Description of technology-based standards
------------------------------------------------------------------------
ADGAS:                  Venting of compressed gases into an absorbing or
                         reacting media (i.e., solid or liquid)--venting
                         can be accomplished through physical release
                         utilizing valves/piping; physical penetration
                         of the container; and/or penetration through
                         detonation.
AMLGM:                  Amalgamation of liquid, elemental mercury
                         contaminated with radioactive materials
                         utilizing inorganic reagents such as copper,
                         zinc, nickel, gold, and sulfur that result in a
                         nonliquid, semi-solid amalgam and thereby
                         reducing potential emissions of elemental
                         mercury vapors to the air.
BIODG:                  Biodegradation of organics or non-metallic
                         inorganics (i.e., degradable inorganics that
                         contain the elements of phosphorus, nitrogen,
                         and sulfur) in units operated under either
                         aerobic or anaerobic conditions such that a
                         surrogate compound or indicator parameter has
                         been substantially reduced in concentration in
                         the residuals (e.g., Total Organic Carbon can
                         often be used as an indicator parameter for the
                         biodegradation of many organic constituents
                         that cannot be directly analyzed in wastewater
                         residues).
CARBN:                  Carbon adsorption (granulated or powdered) of
                         non-metallic inorganics, organo-metallics, and/
                         or organic constituents, operated such that a
                         surrogate compound or indicator parameter has
                         not undergone breakthrough (e.g., Total Organic
                         Carbon can often be used as an indicator
                         parameter for the adsorption of many organic
                         constituents that cannot be directly analyzed
                         in wastewater residues). Breakthrough occurs
                         when the carbon has become saturated with the
                         constituent (or indicator parameter) and
                         substantial change in adsorption rate
                         associated with that constituent occurs.
CHOXD:                  Chemical or electrolytic oxidation utilizing the
                         following oxidation reagents (or waste
                         reagents) or combinations of reagents: (1)
                         Hypochlorite (e.g., bleach); (2) chlorine; (3)
                         chlorine dioxide; (4) ozone or UV (ultraviolet
                         light) assisted ozone; (5) peroxides; (6)
                         persulfates; (7) perchlorates; (8)
                         permangantes; and/or (9) other oxidizing
                         reagents of equivalent efficiency, performed in
                         units operated such that a surrogate compound
                         or indicator parameter has been substantially
                         reduced in concentration in the residuals
                         (e.g., Total Organic Carbon can often be used
                         as an indicator parameter for the oxidation of
                         many organic constituents that cannot be
                         directly analyzed in wastewater residues).
                         Chemical oxidation specifically includes what
                         is commonly referred to as alkaline
                         chlorination.
CHRED:                  Chemical reduction utilizing the following
                         reducing reagents (or waste reagents) or
                         combinations of reagents: (1) Sulfur dioxide;
                         (2) sodium, potassium, or alkali salts or
                         sulfites, bisulfites, metabisulfites, and
                         polyethylene glycols (e.g., NaPEG and KPEG);
                         (3) sodium hydrosulfide; (4) ferrous salts; and/
                         or (5) other reducing reagents of equivalent
                         efficiency, performed in units operated such
                         that a surrogate compound or indicator
                         parameter has been substantially reduced in
                         concentration in the residuals (e.g., Total
                         Organic Halogens can often be used as an
                         indicator parameter for the reduction of many
                         halogenated organic constituents that cannot be
                         directly analyzed in wastewater residues).
                         Chemical reduction is commonly used for the
                         reduction of hexavalent chromium to the
                         trivalent state.
CMBST:                  High temperature organic destruction
                         technologies, such as combustion in
                         incinerators, boilers, or industrial furnaces
                         operated in accordance with the applicable
                         requirements of 40 CFR part 264, subpart O, or
                         40 CFR part 265, subpart O, or 40 CFR part 266,
                         subpart H, and in other units operated in
                         accordance with applicable technical operating
                         requirements; and certain non-combustive
                         technologies, such as the Catalytic Extraction
                         Process.
DEACT:                  Deactivation to remove the hazardous
                         characteristics of a waste due to its
                         ignitability, corrosivity, and/or reactivity.
FSUBS:                  Fuel substitution in units operated in
                         accordance with applicable technical operating
                         requirements.
HLVIT:                  Vitrification of high level mixed radioactive
                         wastes in units in compliance with all
                         applicable radioactive protection requirements
                         under control of the Nuclear Regulatory
                         Commission.
IMERC:                  Incineration of wastes containing organics and
                         mercury in units operated in accordance with
                         the technical operating requirements of 40 CFR
                         part 264 subpart 0 and part 265 subpart 0. All
                         wastewater and nonwastewater residues derived
                         from this process must then comply with the
                         corresponding treatment standards per waste
                         code with consideration of any applicable
                         subcategories (e.g., High or Low Mercury
                         Subcategories).
INCIN:                  Incineration in units operated in accordance
                         with the technical operating requirements of 40
                         CFR part 264 subpart 0 and part 265 subpart 0.
LLEXT:                  Liquid-liquid extraction (often referred to as
                         solvent extraction) of organics from liquid
                         wastes into an immiscible solvent for which the
                         hazardous constituents have a greater solvent
                         affinity, resulting in an extract high in
                         organics that must undergo either incineration,
                         reuse as a fuel, or other recovery/reuse and a
                         raffinate (extracted liquid waste)
                         proportionately low in organics that must
                         undergo further treatment as specified in the
                         standard.
MACRO:                  Macroencapsulation with surface coating
                         materials such as polymeric organics (e.g.,
                         resins and plastics) or with a jacket of inert
                         inorganic materials to substantially reduce
                         surface exposure to potential leaching media.
                         Macroencapsulation specifically does not
                         include any material that would be classified
                         as a tank or container according to 40 CFR
                         260.10.
NEUTR:                  Neutralization with the following reagents (or
                         waste reagents) or combinations of reagents:
                         (1) Acids; (2) bases; or (3) water (including
                         wastewaters) resulting in a pH greater than 2
                         but less than 12.5 as measured in the aqueous
                         residuals.
NLDBR:                  No land disposal based on recycling.
POLYM:                  Formation of complex high-molecular weight
                         solids through polymerization of monomers in
                         high-TOC D001 non-wastewaters which are
                         chemical components in the manufacture of
                         plastics.
PRECP:                  Chemical precipitation of metals and other
                         inorganics as insoluble precipitates of oxides,
                         hydroxides, carbonates, sulfides, sulfates,
                         chlorides, flourides, or phosphates. The
                         following reagents (or waste reagents) are
                         typically used alone or in combination: (1)
                         Lime (i.e., containing oxides and/or hydroxides
                         of calcium and/or magnesium; (2) caustic (i.e.,
                         sodium and/or potassium hydroxides; (3) soda
                         ash (i.e., sodium carbonate); (4) sodium
                         sulfide; (5) ferric sulfate or ferric chloride;
                         (6) alum; or (7) sodium sulfate. Additional
                         floculating, coagulation or similar reagents/
                         processes that enhance sludge dewatering
                         characteristics are not precluded from use.

[[Page 262]]

 
RBERY:                  Thermal recovery of Beryllium.
RCGAS:                  Recovery/reuse of compressed gases including
                         techniques such as reprocessing of the gases
                         for reuse/resale; filtering/adsorption of
                         impurities; remixing for direct reuse or
                         resale; and use of the gas as a fuel source.
RCORR:                  Recovery of acids or bases utilizing one or more
                         of the following recovery technologies: (1)
                         Distillation (i.e., thermal concentration); (2)
                         ion exchange; (3) resin or solid adsorption;
                         (4) reverse osmosis; and/or (5) incineration
                         for the recovery of acid--Note: this does not
                         preclude the use of other physical phase
                         separation or concentration techniques such as
                         decantation, filtration (including
                         ultrafiltration), and centrifugation, when used
                         in conjunction with the above listed recovery
                         technologies.
RLEAD:                  Thermal recovery of lead in secondary lead
                         smelters.
RMERC:                  Retorting or roasting in a thermal processing
                         unit capable of volatilizing mercury and
                         subsequently condensing the volatilized mercury
                         for recovery. The retorting or roasting unit
                         (or facility) must be subject to one or more of
                         the following: (a) a National Emissions
                         Standard for Hazardous Air Pollutants (NESHAP)
                         for mercury; (b) a Best Available Control
                         Technology (BACT) or a Lowest Achievable
                         Emission Rate (LAER) standard for mercury
                         imposed pursuant to a Prevention of Significant
                         Deterioration (PSD) permit; or (c) a state
                         permit that establishes emission limitations
                         (within meaning of section 302 of the Clean Air
                         Act) for mercury. All wastewater and
                         nonwastewater residues derived from this
                         process must then comply with the corresponding
                         treatment standards per waste code with
                         consideration of any applicable subcategories
                         (e.g., High or Low Mercury Subcategories).
RMETL:                  Recovery of metals or inorganics utilizing one
                         or more of the following direct physical/
                         removal technologies: (1) Ion exchange; (2)
                         resin or solid (i.e., zeolites) adsorption; (3)
                         reverse osmosis; (4) chelation/solvent
                         extraction; (5) freeze crystalization; (6)
                         ultrafiltration and/or (7) simple precipitation
                         (i.e., crystalization)--Note: This does not
                         preclude the use of other physical phase
                         separation or concentration techniques such as
                         decantation, filtration (including
                         ultrafiltration), and centrifugation, when used
                         in conjunction with the above listed recovery
                         technologies.
RORGS:                  Recovery of organics utilizing one or more of
                         the following technologies: (1) Distillation;
                         (2) thin film evaporation; (3) steam stripping;
                         (4) carbon adsorption; (5) critical fluid
                         extraction; (6) liquid-liquid extraction; (7)
                         precipitation/crystalization (including freeze
                         crystallization); or (8) chemical phase
                         separation techniques (i.e., addition of acids,
                         bases, demulsifiers, or similar chemicals);--
                         Note: this does not preclude the use of other
                         physical phase separation techniques such as a
                         decantation, filtration (including
                         ultrafiltration), and centrifugation, when used
                         in conjunction with the above listed recovery
                         technologies.
RTHRM:                  Thermal recovery of metals or inorganics from
                         nonwastewaters in units identified as
                         industrial furnaces according to 40 CFR 260.10
                         (1), (6), (7), (11), and (12) under the
                         definition of ``industrial furnaces''.
RZINC:                  Resmelting in high temperature metal recovery
                         units for the purpose of recovery of zinc.
STABL:                  Stabilization with the following reagents (or
                         waste reagents) or combinations of reagents:
                         (1) Portland cement; or (2) lime/pozzolans
                         (e.g., fly ash and cement kiln dust)--this does
                         not preclude the addition of reagents (e.g.,
                         iron salts, silicates, and clays) designed to
                         enhance the set/cure time and/or compressive
                         strength, or to overall reduce the leachability
                         of the metal or inorganic.
SSTRP:                  Steam stripping of organics from liquid wastes
                         utilizing direct application of steam to the
                         wastes operated such that liquid and vapor flow
                         rates, as well as, temperature and pressure
                         ranges have been optimized, monitored, and
                         maintained. These operating parameters are
                         dependent upon the design parameters of the
                         unit such as, the number of separation stages
                         and the internal column design. Thus, resulting
                         in a condensed extract high in organics that
                         must undergo either incineration, reuse as a
                         fuel, or other recovery/reuse and an extracted
                         wastewater that must undergo further treatment
                         as specified in the standard.
WETOX:                  Wet air oxidation performed in units operated
                         such that a surrogate compound or indicator
                         parameter has been substantially reduced in
                         concentration in the residuals (e.g., Total
                         Organic Carbon can often be used as an
                         indicator parameter for the oxidation of many
                         organic constituents that cannot be directly
                         analyzed in wastewater residues).
WTRRX:                  Controlled reaction with water for highly
                         reactive inorganic or organic chemicals with
                         precautionary controls for protection of
                         workers from potential violent reactions as
                         well as precautionary controls for potential
                         emissions of toxic/ignitable levels of gases
                         released during the reaction.
------------------------------------------------------------------------
Note 1: When a combination of these technologies (i.e., a treatment
  train) is specified as a single treatment standard, the order of
  application is specified in Sec.  268.42, Table 2 by indicating the
  five letter technology code that must be applied first, then the
  designation ``fb.'' (an abbreviation for ``followed by''), then the
  five letter technology code for the technology that must be applied
  next, and so on.
Note 2: When more than one technology (or treatment train) are specified
  as alternative treatment standards, the five letter technology codes
  (or the treatment trains) are separated by a semicolon (;) with the
  last technology preceded by the word ``OR''. This indicates that any
  one of these BDAT technologies or treatment trains can be used for
  compliance with the standard.

    (b) Any person may submit an application to the Administrator 
demonstrating that an alternative treatment method can achieve a measure 
of performance equivalent to that achieved by methods specified in 
paragraphs (a), (c), and (d) of this section for wastes or specified in 
Table 1 of Sec. 268.45 for hazardous debris. The applicant must submit 
information demonstrating that his treatment method is in compliance 
with federal, state, and local requirements and is protective of human 
health and the environment. On the basis of such information and any 
other available information, the Administrator may approve the use of 
the alternative treatment method if

[[Page 263]]

he finds that the alternative treatment method provides a measure of 
performance equivalent to that achieved by methods specified in 
paragraphs (a), (c), and (d) of this section for wastes or in Table 1 of 
Sec. 268.45 for hazardous debris. Any approval must be stated in writing 
and may contain such provisions and conditions as the Administrator 
deems appropriate. The person to whom such approval is issued must 
comply with all limitations contained in such a determination.
    (c) As an alternative to the otherwise applicable subpart D 
treatment standards, lab packs are eligible for land disposal provided 
the following requirements are met:
    (1) The lab packs comply with the applicable provisions of 40 CFR 
264.316 and 40 CFR 265.316;
    (2) The lab pack does not contain any of the wastes listed in 
Appendix IV to part 268;
    (3) The lab packs are incinerated in accordance with the 
requirements of 40 CFR part 264, subpart O or 40 CFR part 265, subpart 
O; and
    (4) Any incinerator residues from lab packs containing D004, D005, 
D006, D007, D008, D010, and D011 are treated in compliance with the 
applicable treatment standards specified for such wastes in subpart D of 
this part.
    (d) Radioactive hazardous mixed wastes are subject to the treatment 
standards in Sec. 268.40. Where treatment standards are specified for 
radioactive mixed wastes in the Table of Treatment Standards, those 
treatment standards will govern. Where there is no specific treatment 
standard for radioactive mixed waste, the treatment standard for the 
hazardous waste (as designated by EPA waste code) applies. Hazardous 
debris containing radioactive waste is subject to the treatment 
standards specified in Sec. 268.45.

[51 FR 40642, Nov. 7, 1986, as amended at 52 FR 25790, July 8, 1987; 55 
FR 22692, June 1, 1990; 56 FR 3884, Jan. 31, 1991; 57 FR 8089, Mar. 6, 
1992; 57 FR 37273, Aug. 18, 1992; 58 FR 29885, May 24, 1993; 59 FR 
31552, June 20, 1994; 59 FR 48103, Sept. 19, 1994; 60 FR 302, Jan. 3, 
1995; 61 FR 15654, Apr. 8, 1996; 62 FR 26025, May 12, 1997; 63 FR 28738, 
May 26, 1998]



Sec. 268.43  Treatment standards expressed as waste concentrations.

    For the requirements previously found in this section and for 
treatment standards in Table CCW--Constituent Concentrations in Wastes, 
refer to Sec. 268.40.

[59 FR 48103, Sept. 19, 1994]



Sec. 268.44  Variance from a treatment standard.

    (a) Based on a petition filed by a generator or treater of hazardous 
waste, the Administrator may approve a variance from an applicable 
treatment standard if:
    (1) It is not physically possible to treat the waste to the level 
specified in the treatment standard, or by the method specified as the 
treatment standard. To show that this is the case, the petitioner must 
demonstrate that because the physical or chemical properties of the 
waste differ significantly from waste analyzed in developing the 
treatment standard, the waste cannot be treated to the specified level 
or by the specified method; or
    (2) It is inappropriate to require the waste to be treated to the 
level specified in the treatment standard or by the method specified as 
the treatment standard, even though such treatment is technically 
possible. To show that this is the case, the petitioner must either 
demonstrate that:
    (i) Treatment to the specified level or by the specified method is 
technically inappropriate (for example, resulting in combustion of large 
amounts of mildly contaminated environmental media); or
    (ii) For remediation waste only, treatment to the specified level or 
by the specified method is environmentally inappropriate because it 
would likely discourage aggressive remediation.
    (b) Each petition must be submitted in accordance with the 
procedures in Sec. 260.20.
    (c) Each petition must include the following statement signed by the 
petitioner or an authorized representative:

    I certify under penalty of law that I have personally examined and 
am familiar with the information submitted in this petition and all 
attached documents, and that, based

[[Page 264]]

on my inquiry of those individuals immediately responsible for obtaining 
the information, I believe that the submitted information is true, 
accurate, and complete. I am aware that these are significant penalties 
for submitting false information, including the possibility of fine and 
imprisonment.

    (d) After receiving a petition for variance from a treatment 
standard, the Administrator may request any additional information or 
samples which he may require to evaluate the petition. Additional copies 
of the complete petition may be requested as needed to send to affected 
states and Regional Offices.
    (e) The Administrator will give public notice in the Federal 
Register of the intent to approve or deny a petition and provide an 
opportunity for public comment. The final decision on a variance from a 
treatment standard will be published in the Federal Register.
    (f) A generator, treatment facility, or disposal facility that is 
managing a waste covered by a variance from the treatment standards must 
comply with the waste analysis requirements for restricted wastes found 
under Sec. 268.7.
    (g) During the petition review process, the applicant is required to 
comply with all restrictions on land disposal under this part once the 
effective date for the waste has been reached.
    (h) Based on a petition filed by a generator or treater of hazardous 
waste, the Administrator or his or her delegated representative may 
approve a site-specific variance from an applicable treatment standard 
if:
    (1) It is not physically possible to treat the waste to the level 
specified in the treatment standard, or by the method specified as the 
treatment standard. To show that this is the case, the petitioner must 
demonstrate that because the physical or chemical properties of the 
waste differ significantly from waste analyzed in developing the 
treatment standard, the waste cannot be treated to the specified level 
or by the specified method; or
    (2) It is inappropriate to require the waste to be treated to the 
level specified in the treatment standard or by the method specified as 
the treatment standard, even though such treatment is technically 
possible. To show that this is the case, the petitioner must either 
demonstrate that:
    (i) Treatment to the specified level or by the specified method is 
technically inappropriate (for example, resulting in combustion of large 
amounts of mildly contaminated environmental media where the treatment 
standard is not based on combustion of such media); or
    (ii) For remediation waste only, treatment to the specified level or 
by the specified method is environmentally inappropriate because it 
would likely discourage aggressive remediation.
    (3) For contaminated soil only, treatment to the level or by the 
method specified in the soil treatment standards would result in 
concentrations of hazardous constituents that are below (i.e., lower 
than) the concentrations necessary to minimize short- and long-term 
threats to human health and the environment. Treatment variances 
approved under this paragraph must:
    (i) At a minimum, impose alternative land disposal restriction 
treatment standards that, using a reasonable maximum exposure scenario:
    (A) For carcinogens, achieve constituent concentrations that result 
in the total excess risk to an individual exposed over a lifetime 
generally falling within a range from 10 -4 to 10 
-6; and
    (B) For constituents with non-carcinogenic effects, achieve 
constituent concentrations that an individual could be exposed to on a 
daily basis without appreciable risk of deleterious effect during a 
lifetime.
    (ii) Not consider post-land-disposal controls.
    (4) For contaminated soil only, treatment to the level or by the 
method specified in the soil treatment standards would result in 
concentrations of hazardous constituents that are below (i.e., lower 
than) natural background concentrations at the site where the 
contaminated soil will land disposed.
    (5) Public notice and a reasonable opportunity for public comment 
must be provided before granting or denying a petition.
    (i) Each application for a site-specific variance from a treatment 
standard

[[Page 265]]

must include the information in Sec. 260.20(b)(1)-(4);
    (j) After receiving an application for a site-specific variance from 
a treatment standard, the Assistant Administrator, or his delegated 
representative, may request any additional information or samples which 
may be required to evaluate the application.
    (k) A generator, treatment facility, or disposal facility that is 
managing a waste covered by a site-specific variance from a treatment 
standard must comply with the waste analysis requirements for restricted 
wastes found under Sec. 268.7.
    (l) During the application review process, the applicant for a site-
specific variance must comply with all restrictions on land disposal 
under this part once the effective date for the waste has been reached.
    (m) For all variances, the petitioner must also demonstrate that 
compliance with any given treatment variance is sufficient to minimize 
threats to human health and the environment posed by land disposal of 
the waste. In evaluating this demonstration, EPA may take into account 
whether a treatment variance should be approved if the subject waste is 
to be used in a manner constituting disposal pursuant to 40 CFR 266.20 
through 266.23.
    (n) [Reserved]
    (o) The following facilities are excluded from the treatment 
standards under Sec. 268.40, and are subject to the following 
constituent concentrations:

[[Page 266]]



                                         Table--Wastes Excluded From the Treatment Standards Under Sec.  268.40
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Wastewaters               Nonwastewaters
                                                                             Regulated hazardous -------------------------------------------------------
   Facility name\1\ and address        Waste code           See also             constituent      Concentration               Concentration
                                                                                                      (mg/l)        Notes        (mg/kg)        Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ball-Foster Glass Container         D010              Table CCWE in 268.40  Selenium............         NA               NA            25            NA
 Corporation, El Monte, CA (\6\),
 (\7\).
Craftsman Plating and Tinning,      F006              Table CCWE in 268.40  Cyanides (Total)....          1.2          (\2\)          1800         (\4\)
 Corp., Chicago, IL.
                                    ................                        Cyanides (Amenable).           .86      (\2\ and            30         (\4\)
                                                                                                                        \3\)
                                    ................                        Cadmium.............          1.6    ...........            NA   ...........
                                    ................                        Chromium............           .32   ...........            NA   ...........
                                    ................                        Lead................           .040  ...........            NA   ...........
                                    ................                        Nickel..............           .44   ...........            NA   ...........
Owens Brockway Glass Container      D010              Table CCWE in 268.40  Selenium............         NA               NA            51            NA
 Company, Vernon, CA (\5\), (\7\).
Northwestern Plating Works, Inc.,   F006              Table CCWE in 268.40  Cyanides (Total)....          1.2       (\2\ and           970         (\4\)
 Chicago, IL.                                                                                                           \3\)
                                    ................                        Cyanides (Amenable).           .86         (\2\)            30         (\4\)
                                    ................                        Cadmium.............          1.6    ...........            NA   ...........
                                    ................                        Chromium............           .32   ...........            NA   ...........
                                    ................                        Lead................           .040  ...........            NA   ...........
                                    ................                        Nickel..............           .44   ...........            NA   ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
(\1\)--A facility may certify compliance with these treatment standards according to provisions in 40 CFR 268.7.
(\2\)--Cyanide Wastewater Standards for F006 are based on analysis of composite samples.
(\3\)--These facilities must comply with 0.86 mg/l for amenable cyanides in the wastewater exiting the alkaline chlorination system. These facilities
  must also comply with 40 CFR Sec.  268.7.a.4 for appropriate monitoring frequency consistent with the facilities' waste analysis plan.
(\4\)--Cyanide nonwastewaters are analyzed using SW-846 Method 9010 or 9012, sample size 10 grams, distillation time, 1 hour and 15 minutes.
(\5\)--Alternative D010 selenium standard only applies to dry scrubber solid from glass manufacturing wastes.
(\6\)--Alternative D010 selenium standard only applies to electrostatic precipitator dust generated during glass manufacturing operations.
(\7\)--D010 wastes generated by these two facilities are subject to the following conditions: (a) the wastes must be treated by Chemical Waste
  Management, Inc. at their Kettleman Hills facility in Kettleman City, California; and (b) this treatment variance will be valid until May 11, 2002.
 
Note: NA means Not Applicable.

[51 FR 40642, Nov. 7, 1986, as amended at 52 FR 21017, June 4, 1987; 53 
FR 31221, Aug. 17, 1988; 54 FR 36972, Sept. 6, 1989; 56 FR 12355, Mar. 
25, 1991; 61 FR 55727, Oct. 28, 1996; 62 FR 26025, May 12, 1997; 62 FR 
64509, Dec. 5, 1997; 63 FR 28738, May 26, 1998; 64 FR 28391, May 26, 
1999]

[[Page 267]]



Sec. 268.45  Treatment standards for hazardous debris.

    (a) Treatment standards. Hazardous debris must be treated prior to 
land disposal as follows unless EPA determines under Sec. 261.3(f)(2) of 
this chapter that the debris is no longer contaminated with hazardous 
waste or the debris is treated to the waste-specific treatment standard 
provided in this subpart for the waste contaminating the debris:
    (1) General. Hazardous debris must be treated for each ``contaminant 
subject to treatment'' defined by paragraph (b) of this section using 
the technology or technologies identified in Table 1 of this section.
    (2) Characteristic debris. Hazardous debris that exhibits the 
characteristic of ignitability, corrosivity, or reactivity identified 
under Secs. 261.21, 261.22, and 261.23 of this chapter, respectively, 
must be deactivated by treatment using one of the technologies 
identified in Table 1 of this section.
    (3) Mixtures of debris types. The treatment standards of Table 1 in 
this section must be achieved for each type of debris contained in a 
mixture of debris types. If an immobilization technology is used in a 
treatment train, it must be the last treatment technology used.
    (4) Mixtures of contaminant types. Debris that is contaminated with 
two or more contaminants subject to treatment identified under paragraph 
(b) of this section must be treated for each contaminant using one or 
more treatment technologies identified in Table 1 of this section. If an 
immobilization technology is used in a treatment train, it must be the 
last treatment technology used.
    (5) Waste PCBs. Hazardous debris that is also a waste PCB under 40 
CFR part 761 is subject to the requirements of either 40 CFR part 761 or 
the requirements of this section, whichever are more stringent.
    (b) Contaminants subject to treatment. Hazardous debris must be 
treated for each ``contaminant subject to treatment.'' The contaminants 
subject to treatment must be determined as follows:
    (1) Toxicity characteristic debris. The contaminants subject to 
treatment for debris that exhibits the Toxicity Characteristic (TC) by 
Sec. 261.24 of this chapter are those EP constituents for which the 
debris exhibits the TC toxicity characteristic.
    (2) Debris contaminated with listed waste. The contaminants subject 
to treatment for debris that is contaminated with a prohibited listed 
hazardous waste are those constituents or wastes for which treatment 
standards are established for the waste under Sec. 268.40.
    (3) Cyanide reactive debris. Hazardous debris that is reactive 
because of cyanide must be treated for cyanide.
    (c) Conditioned exclusion of treated debris. Hazardous debris that 
has been treated using one of the specified extraction or destruction 
technologies in Table 1 of this section and that does not exhibit a 
characteristic of hazardous waste identified under subpart C, part 261, 
of this chapter after treatment is not a hazardous waste and need not be 
managed in a subtitle C facility. Hazardous debris contaminated with a 
listed waste that is treated by an immobilization technology specified 
in Table 1 is a hazardous waste and must be managed in a subtitle C 
facility.
    (d) Treatment residuals--(1) General requirements. Except as 
provided by paragraphs (d)(2) and (d)(4) of this section:
    (i) Residue from the treatment of hazardous debris must be separated 
from the treated debris using simple physical or mechanical means; and
    (ii) Residue from the treatment of hazardous debris is subject to 
the waste-specific treatment standards provided by subpart D of this 
part for the waste contaminating the debris.
    (2) Nontoxic debris. Residue from the deactivation of ignitable, 
corrosive, or reactive characteristic hazardous debris (other than 
cyanide-reactive) that is not contaminated with a contaminant subject to 
treatment defined by paragraph (b) of this section, must be deactivated 
prior to land disposal and is not subject to the waste-specific 
treatment standards of subpart D of this part.
    (3) Cyanide-reactive debris. Residue from the treatment of debris 
that is reactive because of cyanide must meet the treatment standards 
for D003 in ``Treatment Standards for Hazardous Wastes'' at Sec. 268.40.

[[Page 268]]

    (4) Ignitable nonwastewater residue. Ignitable nonwastewaster 
residue containing equal to or greater than 10% total organic carbon is 
subject to the technology specified in the treatment standard for D001: 
Ignitable Liquids.
    (5) Residue from spalling. Layers of debris removed by spalling are 
hazardous debris that remain subject to the treatment standards of this 
section.

   Table 1.--Alternative Treatment Standards For Hazardous Debris \1\
------------------------------------------------------------------------
                               Performance and/or
   Technology description     design and operating       Contaminant
                                    standard          restrictions \2\
------------------------------------------------------------------------
A. Extraction Technologies:
  1. Physical Extraction
  a. Abrasive Blasting:       Glass, Metal,         All Debris: None.
   Removal of contaminated     Plastic, Rubber:
   debris surface layers       Treatment to a
   using water and/or air      clean debris
   pressure to propel a        surface.\3\.
   solid media (e.g., steel   Brick, Cloth,
   shot, aluminum oxide        Concrete, Paper,
   grit, plastic beads).       Pavement, Rock,
                               Wood: Removal of at
                               least 0.6 cm of the
                               surface layer;
                               treatment to a
                               clean debris
                               surface.\3\.
  b. Scarification,           Same as above.......  Same as above.
   Grinding, and Planing:
   Process utilizing
   striking piston heads,
   saws, or rotating
   grinding wheels such that
   contaminated debris
   surface layers are
   removed.
  c. Spalling: Drilling or    Same as above.......  Same as above.
   chipping holes at
   appropriate locations and
   depth in the contaminated
   debris surface and
   applying a tool which
   exerts a force on the
   sides of those holes such
   that the surface layer is
   removed. The surface
   layer removed remains
   hazardous debris subject
   to the debris treatment
   standards.
  d. Vibratory Finishing:     Same as above.......  Same as above.
   Process utilizing
   scrubbing media, flushing
   fluid, and oscillating
   energy such that
   hazardous contaminants or
   contaminated debris
   surface layers are
   removed.\4\
  e. High Pressure Steam and  Same as above.......  Same as above.
   Water Sprays: Application
   of water or steam sprays
   of sufficient
   temperature, pressure,
   residence time,
   agitation, surfactants,
   and detergents to remove
   hazardous contaminants
   from debris surfaces or
   to remove contaminated
   debris surface layers.
  2. Chemical Extraction
  a. Water Washing and        All Debris:           Brick, Cloth,
   Spraying: Application of    Treatment to a        Concrete, Paper,
   water sprays or water       clean debris          Pavement, Rock,
   baths of sufficient         surface \3\;          Wood: Contaminant
   temperature, pressure,     Brick, Cloth,          must be soluble to
   residence time,             Concrete, Paper,      at least 5% by
   agitation, surfactants,     Pavement, Rock,       weight in water
   acids, bases, and           Wood: Debris must     solution or 5% by
   detergents to remove        be no more than 1.2   weight in emulsion;
   hazardous contaminants      cm (\1/2\ inch) in    if debris is
   from debris surfaces and    one dimension         contaminated with a
   surface pores or to         (i.e., thickness      dioxin-listed
   remove contaminated         limit,\5\ except      waste,\6\ an
   debris surface layers.      that this thickness   ``Equivalent
                               limit may be waived   Technology''
                               under an              approval under Sec.
                               ``Equivalent           268.42(b) must be
                               Technology''          obtained.\8\
                               approval under Sec.
                                268.42(b);\8\
                               debris surfaces
                               must be in contact
                               with water solution
                               for at least 15
                               minutes.
  b. Liquid Phase Solvent     Same as above.......  Brick, Cloth,
   Extraction: Removal of                            Concrete, Paper,
   hazardous contaminants                            Pavement, Rock,
   from debris surfaces and                          Wood: Same as
   surface pores by applying                         above, except that
   a nonaqueous liquid or                            contaminant must be
   liquid solution which                             soluble to at least
   causes the hazardous                              5% by weight in the
   contaminants to enter the                         solvent.
   liquid phase and be
   flushed away from the
   debris along with the
   liquid or liquid solution
   while using appropriate
   agitation, temperature,
   and residence time.\4\

[[Page 269]]

 
  c. Vapor Phase Solvent      Same as above,        Same as above.
   Extraction: Application     except that brick,
   of an organic vapor using   cloth, concrete,
   sufficient agitation,       paper, pavement,
   residence time, and         rock and wood
   temperature to cause        surfaces must be in
   hazardous contaminants on   contact with the
   contaminated debris         organic vapor for
   surfaces and surface        at least 60 minutes.
   pores to enter the vapor
   phase and be flushed away
   with the organic
   vapor.\4\
  3. Thermal Extraction
  a. High Temperature Metals  For refining          Debris contaminated
   Recovery: Application of    furnaces, treated     with a dioxin-
   sufficient heat,            debris must be        listed waste:\5\
   residence time, mixing,     separated from        Obtain an
   fluxing agents, and/or      treatment residuals   ``Equivalent
   carbon in a smelting,       using simple          Technology''
   melting, or refining        physical or           approval under Sec.
   furnace to separate         mechanical             268.42(b).\8\
   metals from debris.         means,\9\ and,
                               prior to further
                               treatment, such
                               residuals must meet
                               the waste-specific
                               treatment standards
                               for organic
                               compounds in the
                               waste contaminating
                               the debris.
  b. Thermal Desorption:      All Debris: Obtain    All Debris: Metals
   Heating in an enclosed      an ``Equivalent       other than mercury.
   chamber under either        Technology''
   oxidizing or nonoxidizing   approval under Sec.
   atmospheres at sufficient    268.42(b);\8\
   temperature and residence   treated debris must
   time to vaporize            be separated from
   hazardous contaminants      treatment residuals
   from contaminated           using simple
   surfaces and surface        physical or
   pores and to remove the     mechanical
   contaminants from the       means,\9\ and,
   heating chamber in a        prior to further
   gaseous exhaust gas.\7\     treatment, such
                               residue must meet
                               the waste-specific
                               treatment standards
                               for organic
                               compounds in the
                               waste contaminating
                               the debris.
                              Brick, Cloth,
                               Concrete, Paper,
                               Pavement, Rock,
                               Wood: Debris must
                               be no more than 10
                               cm (4 inches) in
                               one dimension
                               (i.e., thickness
                               limit),\5\ except
                               that this thickness
                               limit may be waived
                               under the
                               ``Equivalent
                               Technology''
                               approval.
B. Destruction Technologies:
  1. Biological Destruction   All Debris: Obtain    All Debris: Metal
   (Biodegradation): Removal   an ``Equivalent       contaminants.
   of hazardous contaminants   Technology''
   from debris surfaces and    approval under Sec.
   surface pores in an          268.42(b);\8\
   aqueous solution and        treated debris must
   biodegration of organic     be separated from
   or nonmetallic inorganic    treatment residuals
   compounds (i.e.,            using simple
   inorganics that contain     physical or
   phosphorus, nitrogen, or    mechanical
   sulfur) in units operated   means,\9\ and,
   under either aerobic or     prior to further
   anaerobic conditions.       treatment, such
                               residue must meet
                               the waste-specific
                               treatment standards
                               for organic
                               compounds in the
                               waste contaminating
                               the debris.
                              Brick, Cloth,
                               Concrete, Paper,
                               Pavement, Rock,
                               Wood: Debris must
                               be no more than 1.2
                               cm (\1/2\ inch) in
                               one dimension
                               (i.e., thickness
                               limit),\5\ except
                               that this thickness
                               limit may be waived
                               under the
                               ``Equivalent
                               Technology''
                               approval.
  2. Chemical Destruction
  a. Chemical Oxidation:      All Debris: Obtain    All Debris: Metal
   Chemical or electolytic     an ``Equivalent       contaminants.
   oxidation utilizing the     Technology''
   following oxidation         approval under Sec.
   reagents (or waste           268.42(b);\8\
   reagents) or combination    treated debris must
   of reagents--(1)            be separated from
   hypochlorite (e.g.,         treatment residuals
   bleach); (2) chlorine;      using simple
   (3) chlorine dioxide; (4)   physical or
   ozone or UV (ultraviolet    mechanical
   light) assisted ozone;      means,\9\ and,
   (5) peroxides; (6)          prior to further
   persulfates; (7)            treatment, such
   perchlorates; (8) perman-   residue must meet
   ganates; and/or (9) other   the waste-specific
   oxidizing reagents of       treatment standards
   equivalent destruction      for organic
   efficiency.\4\ Chemical     compounds in the
   oxidation specifically      waste contaminating
   includes what is referred   the debris.
   to as alkaline             Brick, Cloth,
   chlorination.               Concrete, Paper,
                               Pavement, Rock,
                               Wood: Debris must
                               be no more than 1.2
                               cm (\1/2\ inch) in
                               one dimension
                               (i.e., thickness
                               limit),\5\ except
                               that this thickness
                               limit may be waived
                               under the
                               ``Equivalent
                               Technology''
                               approval.

[[Page 270]]

 
  b. Chemical Reduction:      Same as above.......  Same as above.
   Chemical reaction
   utilizing the following
   reducing reagents (or
   waste reagents) or
   combination of reagents:
   (1) sulfur dioxide; (2)
   sodium, potassium, or
   alkali salts of sulfites,
   bisulfites, and
   metabisulfites, and
   polyethylene glycols
   (e.g., NaPEG and KPEG);
   (3) sodium hydrosulfide;
   (4) ferrous salts; and/or
   (5) other reducing
   reagents of equivalent
   efficiency.\4\
  3. Thermal Destruction:     Treated debris must   Brick, Concrete,
   Treatment in an             be separated from     Glass, Metal,
   incinerator operating in    treatment residuals   Pavement, Rock,
   accordance with Subpart O   using simple          Metal: Metals other
   of Parts 264 or 265 of      physical or           than mercury,
   this chapter; a boiler or   mechanical            except that there
   industrial furnace          means,\9\ and,        are no metal
   operating in accordance     prior to further      restrictions for
   with Subpart H of Part      treatment, such       vitrification.
   266 of this chapter, or     residue must meet    Debris contaminated
   other thermal treatment     the waste-specific    with a dioxin-
   unit operated in            treatment standards   listed waste.\6\
   accordance with Subpart     for organic           Obtain an
   X, Part 264 of this         compounds in the      ``Equivalent
   chapter, or Subpart P,      waste contaminating   Technology''
   Part 265 of this chapter,   the debris.           approval under Sec.
   but excluding for                                  268.42(b),\8\
   purposes of these debris                          except that this
   treatment standards                               requirement does
   Thermal Desorption units.                         not apply to
                                                     vitrification.
C. Immobilization
 Technologies:
  1. Macroencapsulation:      Encapsulating         None.
   Application of surface      material must
   coating materials such as   completely
   polymeric organics (e.g.,   encapsulate debris
   resins and plastics) or     and be resistant to
   use of a jacket of inert    degradation by the
   inorganic materials to      debris and its
   substantially reduce        contaminants and
   surface exposure to         materials into
   potential leaching media.   which it may come
                               into contact after
                               placement
                               (leachate, other
                               waste, microbes).
  2. Microencapsulation:      Leachability of the   None.
   Stabilization of the        hazardous
   debris with the following   contaminants must
   reagents (or waste          be reduced.
   reagents) such that the
   leachability of the
   hazardous contaminants is
   reduced: (1) Portland
   cement; or (2) lime/
   pozzolans (e.g., fly ash
   and cement kiln dust).
   Reagents (e.g., iron
   salts, silicates, and
   clays) may be added to
   enhance the set/cure time
   and/or compressive
   strength, or to reduce
   the leachability of the
   hazardous
   constituents.\5\
  3. Sealing: Application of  Sealing must avoid    None.
   an appropriate material     exposure of the
   which adheres tightly to    debris surface to
   the debris surface to       potential leaching
   avoid exposure of the       media and sealant
   surface to potential        must be resistent
   leaching media. When        to degradation by
   necessary to effectively    the debris and its
   seal the surface, sealing   contaminants and
   entails pretreatment of     materials into
   the debris surface to       which it may come
   remove foreign matter and   into contact after
   to clean and roughen the    placement
   surface. Sealing            (leachate, other
   materials include epoxy,    waste, microbes).
   silicone, and urethane
   compounds, but paint may
   not be used as a sealant.
------------------------------------------------------------------------
\1\ Hazardous debris must be treated by either these standards or the
  waste-specific treatment standards for the waste contaminating the
  debris. The treatment standards must be met for each type of debris
  contained in a mixture of debris types, unless the debris is converted
  into treatment residue as a result of the treatment process. Debris
  treatment residuals are subject to the waste-specific treatment
  standards for the waste contaminating the debris.
\2\ Contaminant restriction means that the technology is not BDAT for
  that contaminant. If debris containing a restricted contaminant is
  treated by the technology, the contaminant must be subsequently
  treated by a technology for which it is not restricted in order to be
  land disposed (and excluded from Subtitle C regulation).
\3\ ``Clean debris surface'' means the surface, when viewed without
  magnification, shall be free of all visible contaminated soil and
  hazardous waste except that residual staining from soil and waste
  consisting of light shadows, slight streaks, or minor discolorations,
  and soil and waste in cracks, crevices, and pits may be present
  provided that such staining and waste and soil in cracks, crevices,
  and pits shall be limited to no more than 5% of each square inch of
  surface area.

[[Page 271]]

 
\4\ Acids, solvents, and chemical reagents may react with some debris
  and contaminants to form hazardous compounds. For example, acid
  washing of cyanide-contaminated debris could result in the formation
  of hydrogen cyanide. Some acids may also react violently with some
  debris and contaminants, depending on the concentration of the acid
  and the type of debris and contaminants. Debris treaters should refer
  to the safety precautions specified in Material Safety Data Sheets for
  various acids to avoid applying an incompatible acid to a particular
  debris/contaminant combination. For example, concentrated sulfuric
  acid may react violently with certain organic compounds, such as
  acrylonitrile.
\5\ If reducing the particle size of debris to meet the treatment
  standards results in material that no longer meets the 60 mm minimum
  particle size limit for debris, such material is subject to the waste-
  specific treatment standards for the waste contaminating the material,
  unless the debris has been cleaned and separated from contaminated
  soil and waste prior to size reduction. At a minimum, simple physical
  or mechanical means must be used to provide such cleaning and
  separation of nondebris materials to ensure that the debris surface is
  free of caked soil, waste, or other nondebris material.
\6\ Dioxin-listed wastes are EPA Hazardous Waste numbers FO20, FO21,
  FO22, FO23, FO26, and FO27.
\7\ Thermal desorption is distinguished from Thermal Destruction in that
  the primary purpose of Thermal Desorption is to volatilize
  contaminants and to remove them from the treatment chamber for
  subsequent destruction or other treatment.
\8\ The demonstration ``Equivalent Technology'' under Sec.  268.42(b)
  must document that the technology treats contaminants subject to
  treatment to a level equivalent to that required by the performance
  and design and operating standards for other technologies in this
  table such that residual levels of hazardous contaminants will not
  pose a hazard to human health and the environment absent management
  controls.
\9\ Any soil, waste, and other nondebris material that remains on the
  debris surface (or remains mixed with the debris) after treatment is
  considered a treatment residual that must be separated from the debris
  using, at a minimum, simple physical or mechanical means. Examples of
  simple physical or mechanical means are vibratory or trommel screening
  or water washing. The debris surface need not be cleaned to a ``clean
  debris surface'' as defined in note 3 when separating treated debris
  from residue; rather, the surface must be free of caked soil, waste,
  or other nondebris material. Treatment residuals are subject to the
  waste-specific treatment standards for the waste contaminating the
  debris.


[57 FR 37277, Aug. 18, 1992, as amended at 59 FR 48103, Sept. 19, 1994; 
63 FR 28738, May 26, 1998]



Sec. 268.46  Alternative treatment standards based on HTMR.

    For the treatment standards previously found in this section, refer 
to Sec. 268.40.

[59 FR 48103, Sept. 19, 1994]



Sec. 268.48  Universal treatment standards.

    (a) Table UTS identifies the hazardous constituents, along with the 
nonwastewater and wastewater treatment standard levels, that are used to 
regulate most prohibited hazardous wastes with numerical limits. For 
determining compliance with treatment standards for underlying hazardous 
constituents as defined in Sec. 268.2(i), these treatment standards may 
not be exceeded. Compliance with these treatment standards is measured 
by an analysis of grab samples, unless otherwise noted in the following 
Table UTS.

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    (b) [Reserved]

[[Page 284]]

[59 FR 48103, Sept. 19, 1994, as amended by 60 FR 302, Jan. 3, 1995; 61 
FR 15654, Apr. 8, 1996; 61 FR 33690, June 28, 1996; 62 FR 7596, Feb. 19, 
1997; 63 FR 24626, May 4, 1998; 63 FR 28739, May 26, 1998; 63 FR 47417, 
Sept. 4, 1998; 64 FR 25417, May 11, 1999]



Sec. 268.49  Alternative LDR treatment standards for contaminated soil.

    (a) Applicability. You must comply with LDRs prior to placing soil 
that exhibits a characteristic of hazardous waste, or exhibited a 
characteristic of hazardous waste at the time it was generated, into a 
land disposal unit. The following chart describes whether you must 
comply with LDRs prior to placing soil contaminated by listed hazardous 
waste into a land disposal unit:

----------------------------------------------------------------------------------------------------------------
            If LDRs                  And if LDRs           And if                        Then you
----------------------------------------------------------------------------------------------------------------
Applied to the listed waste      Apply to the        ..................  Must comply with LDRs
 when it contaminated the soil*.  listed waste now.
Didn't apply to the listed       Apply to the        The soil is         Must comply with LDRs.
 waste when it contaminated the   listed waste now.   determined to
 soil*.                                               contain the
                                                      listed waste when
                                                      the soil is first
                                                      generated.
Didn't apply to the listed       Apply to the        The soil is         Needn't comply with LDRs.
 waste when it contaminated the   listed waste now.   determined not to
 soil*.                                               contain the
                                                      listed waste when
                                                      the soil is first
                                                      generated.
Didn't apply to the listed       Don't apply to the  ..................  Needn't comply with LDRs.
 waste when it contaminated the   listed waste now.
 soil*.
----------------------------------------------------------------------------------------------------------------
* For dates of LDR applicability, see 40 CFR Part 268 Appendix VII. To determine the date any given listed
  hazardous waste contaminated any given volume of soil, use the last date any given listed hazardous waste was
  placed into any given land disposal unit or, in the case of an accidental spill, the date of the spill.

    (b) Prior to land disposal, contaminated soil identified by 
paragraph (a) of this section as needing to comply with LDRs must be 
treated according to the applicable treatment standards specified in 
paragraph (c) of this section or according to the Universal Treatment 
Standards specified in 40 CFR 268.48 applicable to the contaminating 
listed hazardous waste and/or the applicable characteristic of hazardous 
waste if the soil is characteristic. The treatment standards specified 
in paragraph (c) of this section and the Universal Treatment Standards 
may be modified through a treatment variance approved in accordance with 
40 CFR 268.44.
    (c) Treatment standards for contaminated soils. Prior to land 
disposal, contaminated soil identified by paragraph (a) of this section 
as needing to comply with LDRs must be treated according to all the 
standards specified in this paragraph or according to the Universal 
Treatment Standards specified in 40 CFR 268.48.
    (1) All soils. Prior to land disposal, all constituents subject to 
treatment must be treated as follows:
    (A) For non-metals, treatment must achieve 90 percent reduction in 
total constituent concentrations, except as provided by paragraph 
(c)(1)(C) of this section.
    (B) For metals, treatment must achieve 90 percent reduction in 
constituent concentrations as measured in leachate from the treated 
media (tested according to the TCLP) or 90 percent reduction in total 
constituent concentrations (when a metal removal treatment technology is 
used), except as provided by paragraph (c)(1)(C) of this section.
    (C) When treatment of any constituent subject to treatment to a 90 
percent reduction standard would result in a concentration less than 10 
times the Universal Treatment Standard for that constituent, treatment 
to achieve constituent concentrations less than 10 times the universal 
treatment standard is not required. Universal Treatment Standards are 
identified in 40 CFR 268.48 Table UTS.
    (2) Soils that exhibit the characteristic of ignitability, 
corrosivity or reactivity. In addition to the treatment required by 
paragraph (c)(1) of this section, prior to

[[Page 285]]

land disposal, soils that exhibit the characteristic of ignitability, 
corrosivity, or reactivity must be treated to eliminate these 
characteristics.
    (3) Soils that contain nonanalyzable constituents. In addition to 
the treatment requirements of paragraphs (c)(1) and (2) of this section, 
prior to land disposal, the following treatment is required for soils 
that contain nonanalyzable constituents:
    (A) For soil that contains only analyzable and nonanalyzable organic 
constituents, treatment of the analyzable organic constituents to the 
levels specified in paragraphs (c)(1) and (2) of this section; or,
    (B) For soil that contains only nonanalyzable constituents, 
treatment by the method(s) specified in Sec. 268.42 for the waste 
contained in the soil.
    (d) Constituents subject to treatment. When applying the soil 
treatment standards in paragraph (c) of this section, constituents 
subject to treatment are any constituents listed in 40 CFR 268.48, Table 
UTS--Universal Treatment Standards that are reasonably expected to be 
present in any given volume of contaminated soil, except fluoride, 
selenium, sulfides, vanadium and zinc, and are present at concentrations 
greater than ten times the universal treatment standard.
    (e) Management of treatment residuals. Treatment residuals from 
treating contaminated soil identified by paragraph (a) of this section 
as needing to comply with LDRs must be managed as follows:
    (1) Soil residuals are subject to the treatment standards of this 
section;
    (2) Non-soil residuals are subject to:
    (A) For soils contaminated by listed hazardous waste, the RCRA 
Subtitle C standards applicable to the listed hazardous waste; and
    (B) For soils that exhibit a characteristic of hazardous waste, if 
the non-soil residual also exhibits a characteristic of hazardous waste, 
the treatment standards applicable to the characteristic hazardous 
waste.

[63 FR 28751, May 26, 1998, as amended at 64 FR 25417, May 11, 1999]



                   Subpart E--Prohibitions on Storage



Sec. 268.50  Prohibitions on storage of restricted wastes.

    (a) Except as provided in this section, the storage of hazardous 
wastes restricted from land disposal under subpart C of this part of 
RCRA section 3004 is prohibited, unless the following conditions are 
met:
    (1) A generator stores such wastes in tanks, containers, or 
containment buildings on-site solely for the purpose of the accumulation 
of such quantities of hazardous waste as necessary to facilitate proper 
recovery, treatment, or disposal and the generator complies with the 
requirements in Sec. 262.34 and parts 264 and 265 of this chapter.
    (2) An owner/operator of a hazardous waste treatment, storage, or 
disposal facility stores such wastes in tanks, containers, or 
containment buildings solely for the purpose of the accumulation of such 
quantities of hazardous waste as necessary to facilitate proper 
recovery, treatment, or disposal and:
    (i) Each container is clearly marked to identify its contents and 
the date each period of accumulation begins;
    (ii) Each tank is clearly marked with a description of its contents, 
the quantity of each hazardous waste received, and the date each period 
of accumulation begins, or such information for each tank is recorded 
and maintained in the operating record at that facility. Regardless of 
whether the tank itself is marked, an owner/operator must comply with 
the operating record requirements specified in Sec. 264.73 or 
Sec. 265.73.
    (3) A transporter stores manifested shipments of such wastes at a 
transfer facility for 10 days or less.
    (b) An owner/operator of a treatment, storage or disposal facility 
may store such wastes for up to one year unless the Agency can 
demonstrate that such storage was not solely for the purpose of 
accumulation of such quantities of hazardous waste as are necessary to 
facilitate proper recovery, treatment, or disposal.
    (c) A owner/operator of a treatment, storage or disposal facility 
may store such wastes beyond one year; however, the owner/operator bears 
the burden of proving that such storage was solely for the purpose of 
accumulation of such

[[Page 286]]

quantities of hazardous waste as are necessary to facilitate proper 
recovery, treatment, or disposal.
    (d) If a generator's waste is exempt from a prohibition on the type 
of land disposal utilized for the waste (for example, because of an 
approved case-by-case extension under Sec. 268.5, an approved Sec. 268.6 
petition, or a national capacity variance under subpart C), the 
prohibition in paragraph (a) of this section does not apply during the 
period of such exemption.
    (e) The prohibition in paragraph (a) of this section does not apply 
to hazardous wastes that meet the treatment standards specified under 
Secs. 268.41, 268.42, and 268.43 or the treatment standards specified 
under the variance in Sec. 268.44, or, where treatment standards have 
not been specified, is in compliance with the applicable prohibitions 
specified in Sec. 268.32 or RCRA section 3004.
    (f) Liquid hazardous wastes containing polychlorinated biphenyls 
(PCBs) at concentrations greater than or equal to 50 ppm must be stored 
at a facility that meets the requirements of 40 CFR 761.65(b) and must 
be removed from storage and treated or disposed as required by this part 
within one year of the date when such wastes are first placed into 
storage. The provisions of paragraph (c) of this section do not apply to 
such PCB wastes prohibited under Sec. 268.32 of this part.
    (g) The prohibition and requirements in this do not apply to 
hazardous remediation wastes stored in a staging pile approved pursuant 
to Sec. 264.554 of this chapter.

[51 FR 40642, Nov. 7, 1986; 52 FR 21017, June 4, 1987, as amended at 52 
FR 25791, July 8, 1987; 54 FR 36972, Sept. 6, 1989; 57 FR 37281, Aug. 
18, 1992; 63 FR 65940, Nov. 30, 1998]

                  Appendix I-III to Part 268 [Reserved]

   Appendix IV to Part 268--Wastes Excluded From Lab Packs Under the 
            Alternative Treatment Standards of Sec. 268.42(c)

    Hazardous waste with the following EPA Hazardous Waste Codes may not 
be placed in lab packs under the alternative lab pack treatment 
standards of Sec. 268.42(c): D009, F019, K003, K004, K005, K006, K062, 
K071, K100, K106, P010, P011, P012, P076, P078, U134, U151.

[59 FR 48107 Sept. 19, 1994]

                    Appendix V to Part 268 [Reserved]

      Appendix VI to Part 268--Recommended Technologies to Achieve 
            Deactivation of Characteristics in Section 268.42

    The treatment standard for many characteristic wastes is stated in 
the Sec. 268.40 Table of Treatment Standards as ``Deactivation and meet 
UTS.'' EPA has determined that many technologies, when used alone or in 
combination, can achieve the deactivation portion of the treatment 
standard. Characteristic wastes that are not managed in a facility 
regulated by the Clean Water Act (CWA) or in a CWA-equivalent facility, 
and that also contain underlying hazardous constituents (see 
Sec. 268.2(i)) must be treated not only by a ``deactivating'' technology 
to remove the characteristic, but also to achieve the universal 
treatment standards (UTS) for underlying hazardous constituents. The 
following appendix presents a partial list of technologies, utilizing 
the five letter technology codes established in 40 CFR 268.42 Table 1, 
that may be useful in meeting the treatment standard. Use of these 
specific technologies is not mandatory and does not preclude direct 
reuse, recovery, and/or the use of other pretreatment technologies, 
provided deactivation is achieved and underlying hazardous constituents 
are treated to achieve the UTS.

[[Page 287]]



----------------------------------------------------------------------------------------------------------------
            Waste code/subcategory                            Nonwastewaters                    Wastewaters
----------------------------------------------------------------------------------------------------------------
D001 Ignitable Liquids based on 261.21(a)(1)--  RORGS....................................  n.a.
 Low TOC Nonwastewater Subcategory (containing  INCIN....................................
 1% to <10% TOC).                               WETOX....................................
                                                CHOXD....................................
                                                BIODG....................................
D001 Ignitable Liquids based on 261.21(a)(1)--  n.a......................................  RORGS
 Ignitable Wastewater Subcategory (containing                                              INCIN
 <1% TOC).                                                                                 WETOX
                                                                                           CHOXD
                                                                                           BIODG
D001 Compressed Gases based on 261.21(A)(3)...  RCGAS....................................  n.a.
                                                INCIN....................................
                                                FSUBS....................................
                                                ADGAS fb. INCIN..........................
                                                ADGAS fb. (CHOXD; or CHRED)..............
D001 Ignitable Reactives based on 261.21(a)(2)  WTRRX....................................  n.a.
                                                CHOXD....................................
                                                CHRED....................................
                                                STABL....................................
                                                INCIN....................................
D001 Ignitable Oxidizers based on 261.21(a)(4)  CHRED....................................  CHRED
                                                INCIN....................................  INCIN
D002 Acid Subcategory based on 261.22(a)(1)     RCORR....................................  NEUTR
 with pH less than or equal to 2.               NEUTR....................................  INCIN
                                                INCIN....................................
D002 Alkaline Subcategory based on              NEUTR....................................  NEUTR
 261.22(a)(1) with pH greater than or equal to  INCIN....................................  INCIN
 12.5.
D002 Other Corrosives based on 261.22(a)(2)...  CHOXD....................................  CHOXD
                                                CHRED....................................  CHRED
                                                INCIN....................................  INCIN
                                                STABL....................................
D003 Water Reactives based on 261.23(a) (2),    INCIN....................................  n.a.
 (3), and (4).                                  WTRRX....................................
                                                CHOXD....................................
                                                CHRED....................................
D003 Reactive Sulfides based on 261.23(a)(5)..  CHOXD....................................  CHOXD
                                                CHRED....................................  CHRED
                                                INCIN....................................  BIODG
                                                STABL....................................  INCIN
D003 Explosives based on 261.23(a) (6), (7),    INCIN....................................  INCIN
 and (8).                                       CHOXD....................................  CHOXD
                                                CHRED....................................  CHRED
                                                                                           BIODG
                                                                                           CARBN

[[Page 288]]

 
D003 Other Reactives based on 261.23(a)(1)....  INCIN....................................  INCIN
                                                CHOXD....................................  CHOXD
                                                CHRED....................................  CHRED
                                                                                           BIODG
                                                                                           CARBN
K044 Wastewater treatment sludges from the      CHOXD....................................  CHOXD
 manufacturing and processing of explosives.    CHRED....................................  CHRED
                                                INCIN....................................  BIODG
                                                                                           CARBN
                                                                                           INCIN
K045 Spent carbon from the treatment of         CHOXD....................................  CHOXD
 wastewaters containing explosives.             CHRED....................................  CHRED
                                                INCIN....................................  BIODG
                                                                                           CARBN
                                                                                           INCIN
K047 Pink/red water from TNT operations.......  CHOXD....................................  CHOXD
                                                CHRED....................................  CHRED
                                                INCIN....................................  BIODG
                                                                                           CARBN
                                                                                           INCIN
----------------------------------------------------------------------------------------------------------------
Note: ``n.a.'' stands for ``not applicable''; ``fb.'' stands for ``followed by''.


[55 FR 22714, June 1, 1990, as amended at 62 FR 26025, May 12, 1997]
 


[[Page 289]]

        Appendix VII to Part 268--LDR Effective Dates of Surface 
                 Disposed Prohibited Hazardous Wastes

      Table 1.--Effective Dates of Surface Disposed Wastes (Non-Soil and Debris) Regulated in the LDRS a--
                                               Comprehensive List
----------------------------------------------------------------------------------------------------------------
              Waste code                             Waste category                       Effective date
----------------------------------------------------------------------------------------------------------------
D001 c................................  All (except High TOC Ignitable Liquids).  Aug. 9, 1993.
D001..................................  High TOC Ignitable Liquids..............  Aug. 8, 1990.
D002 c................................  All.....................................  Aug. 9, 1993.
D003..................................  Newly identified surface-disposed         May 26, 2000.
                                         elemental phosphorus processing wastes.
D004..................................  Newly identified D004 and mineral         Aug. 24, 1998.
                                         processing wastes.
D004..................................  Mixed radioactive/newly identified D004   May 26, 2000
                                         or mineral processing wastes.
D005..................................  Newly identified D005 and mineral         Aug. 24, 1998.
                                         processing wastes.
D005..................................  Mixed radioactive/newly identified D005   May 26, 2000.
                                         or mineral processing wastes.
D006..................................  Newly identified D006 and mineral         Aug. 24, 1998.
                                         processing wastes.
D006..................................  Mixed radioactive/newly identified D006   May 26, 2000.
                                         or mineral processing wastes.
D007..................................  Newly identified D007 and mineral         Aug. 24, 1998.
                                         processing wastes.
D007..................................  Mixed radioactive/newly identified D007   May 26, 2000.
                                         or mineral processing wastes.
D008..................................  Newly identified D008 and mineral         Aug. 24, 1998.
                                         processing waste.
D008..................................  Mixed radioactive/newly identified D008   May 26, 2000.
                                         or mineral processing wastes.
D009..................................  Newly identified D009 and mineral         Aug. 24, 1998.
                                         processing waste.
D009..................................  Mixed radioactive/newly identified D009   May 26, 2000.
                                         or mineral processing wastes.
D010..................................  Newly identified D010 and mineral         Aug. 24, 1998.
                                         processing wastes.
D010..................................  Mixed radioactive/newly identified D010   May 26, 2000.
                                         or mineral processing wastes.
D011..................................  Newly identified D011 and mineral         Aug. 24, 1998.
                                         processing wastes.
D011..................................  Mixed radioactive/newly identified D011   May 26, 2000.
                                         or mineral processing wastes.
D012 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) d.
D013 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) d.
D014 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) d.
D015 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) d.
D016 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) d.
D017 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) d.
D018..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D018..................................  All others..............................  Dec. 19, 1994.
D019..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D019..................................  All others..............................  Dec. 19, 1994.
D020..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D020..................................  All others..............................  Dec. 19, 1994.
D021..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D021..................................  All others..............................  Dec. 19, 1994.
D022..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D022..................................  All others..............................  Dec. 19, 1994.
D023..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D023..................................  All others..............................  Dec. 19, 1994.
D024..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D024..................................  All others..............................  Dec. 19, 1994.
D025..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D025..................................  All others..............................  Dec. 19, 1994.
D026..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D026..................................  All others..............................  Dec. 19, 1994.
D027..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D027..................................  All others..............................  Dec. 19, 1994.
D028..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D028..................................  All others..............................  Dec. 19, 1994.
D029..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D029..................................  All others..............................  Dec. 19, 1994.
D030..................................  Mixed with radioactive wastes...........  Sept. 19. 1996.
D030..................................  All others..............................  Dec. 19, 1994.

[[Page 290]]

 
D031..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D031..................................  All others..............................  Dec. 19, 1994.
D032..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D032..................................  All others..............................  Dec. 19, 1994.
D033..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D033..................................  All others..............................  Dec. 19, 1994.
D034..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D034..................................  All others..............................  Dec. 19, 1994.
D035..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D035..................................  All others..............................  Dec. 19, 1994.
D036..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D036..................................  All others..............................  Dec. 19, 1994.
D037..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D037..................................  All others..............................  Dec. 19, 1994.
D038..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D038..................................  All others..............................  Dec. 19, 1994.
D039..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D039..................................  All others..............................  Dec. 19, 1994.
D040..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D040..................................  All others..............................  Dec. 19, 1994.
D041..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D041..................................  All others..............................  Dec. 19, 1994.
D042..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D042..................................  All others..............................  Dec. 19, 1994.
D043..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D043..................................  All others..............................  Dec. 19, 1994.
F001..................................  Small quantity generators, CERCLA         Nov. 8, 1988.
                                         response/RCRA corrective action,
                                         initial generator's solvent-water
                                         mixtures, solvent-containing sludges
                                         and solids.
F001..................................  All others..............................  Nov. 8, 1986.
F002 (1,1,2-trichloroethane)..........  Wastewater and Nonwastewater............  Aug. 8, 1990.
F002..................................  Small quantity generators, CERCLA         Nov. 8, 1988.
                                         response/RCRA corrective action,
                                         initial generator's solvent-water
                                         mixtures, solvent-containing sludges
                                         and solids.
F002..................................  All others..............................  Nov. 8, 1986.
F003..................................  Small quantity generators, CERCLA         Nov. 8, 1988.
                                         response/RCRA corrective action,
                                         initial generator's solvent-water
                                         mixtures, solvent-containing sludges
                                         and solids.
F003..................................  All others..............................  Nov. 8, 1986.
F004..................................  Small quantity generators, CERCLA         Nov. 8, 1988.
                                         response/RCRA corrective action,
                                         initial generator's solvent-water
                                         mixtures, solvent-containing sludges
                                         and solids.
F004..................................  All others..............................  Nov. 8, 1986.
F005 (benzene, 2-ethoxy ethanol, 2-     Wastewater and Nonwastewater............  Aug. 8, 1990.
 nitropropane).
F005..................................  Small quantity generators, CERCLA         Nov. 8, 1988.
                                         response/RCRA corrective action,
                                         initial generator's solvent-water
                                         mixtures, solvent-containing sludges
                                         and solids.
F005..................................  All others..............................  Nov. 8, 1986.
F006..................................  Wastewater..............................  Aug. 8, 1990.
F006..................................  Nonwastewater...........................  Aug. 8, 1988.
F006 (cyanides).......................  Nonwastewater...........................  July 8, 1989.
F007..................................  All.....................................  July 8, 1989.
F008..................................  All.....................................  July 8, 1989.
F009..................................  All.....................................  July 8, 1989.
F010..................................  All.....................................  June 8, 1989.
F011 (cyanides).......................  Nonwastewater...........................  Dec. 8, 1989.
F011..................................  All others..............................  July 8, 1989.
F012 (cyanides).......................  Nonwastewater...........................  Dec. 8, 1989.
F012..................................  All others..............................  July 8, 1989.
F019..................................  All.....................................  Aug. 8, 1990.
F020..................................  All.....................................  Nov. 8, 1988.
F021..................................  All.....................................  Nov. 8, 1988.
F025..................................  All.....................................  Aug. 8, 1990.
F026..................................  All.....................................  Nov. 8, 1988.
F027..................................  All.....................................  Nov. 8, 1988.
F028..................................  All.....................................  Nov. 8, 1988.
F032..................................  Mixed with radioactive wastes...........  May 12, 1999
F032..................................  All others..............................  Aug. 12, 1997.
F034..................................  Mixed with radioactive wastes...........  May 12, 1999
F034..................................  All others..............................  Aug. 12, 1997.

[[Page 291]]

 
F035..................................  Mixed with radioactive wastes...........  May 12, 1999.
F035..................................  All others..............................  Aug. 12, 1997.
F037..................................  Not generated from surface impoundment    June 30, 1993.
                                         cleanouts or closures.
F037..................................  Generated from surface impoundment        June 30, 1994.
                                         cleanouts or closures.
F037..................................  Mixed with radioactive wastes...........  June 30, 1994.
F038..................................  Not generated from surface impoundment    June 30, 1993.
                                         cleanouts or closures.
F038..................................  Generated from surface impoundment        June 30, 1994.
                                         cleanouts or closures.
F038..................................  Mixed with radioactive wastes...........  June 30, 1994.
F039..................................  Wastewater..............................  Aug. 8, 1990.
F039..................................  Nonwastewater...........................  May 8, 1992.
K001 (organics) b.....................  All.....................................  Aug. 8, 1988.
K001..................................  All others..............................  Aug. 8, 1988.
K002..................................  All.....................................  Aug. 8, 1990.
K003..................................  All.....................................  Aug. 8, 1990.
K004..................................  Wastewater..............................  Aug. 8, 1990.
K004..................................  Nonwastewater...........................  Aug. 8, 1988.
K005..................................  Wastewater..............................  Aug. 8, 1990.
K005..................................  Nonwastewater...........................  June 8, 1989.
K006..................................  All.....................................  Aug. 8, 1990.
K007..................................  Wastewater..............................  Aug. 8, 1990.
K007..................................  Nonwastewater...........................  June 8, 1989.
K008..................................  Wastewater..............................  Aug. 8, 1990.
K008..................................  Nonwastewater...........................  Aug. 8, 1988.
K009..................................  All.....................................  June 8, 1989.
K010..................................  All.....................................  June 8, 1989.
K011..................................  Wastewater..............................  Aug. 8, 1990.
K011..................................  Nonwastewater...........................  June 8, 1989.
K013..................................  Wastewater..............................  Aug. 8, 1990.
K013..................................  Nonwastewater...........................  June 8, 1989.
K014..................................  Wastewater..............................  Aug. 8, 1990.
K014..................................  Nonwastewater...........................  June 8, 1989.
K015..................................  Wastewater..............................  Aug. 8, 1988.
K015..................................  Nonwastewater...........................  Aug. 8, 1990.
K016..................................  All.....................................  Aug. 8, 1988.
K017..................................  All.....................................  Aug. 8, 1990.
K018..................................  All.....................................  Aug. 8, 1988.
K019..................................  All.....................................  Aug. 8, 1988.
K020..................................  All.....................................  Aug. 8, 1988.
K021..................................  Wastewater..............................  Aug. 8, 1990.
K021..................................  Nonwastewater...........................  Aug. 8, 1988.
K022..................................  Wastewater..............................  Aug. 8, 1990.
K022..................................  Nonwastewater...........................  Aug. 8, 1988.
K023..................................  All.....................................  June 8, 1989.
K024..................................  All.....................................  Aug. 8, 1988.
K025..................................  Wastewater..............................  Aug. 8, 1990.
K025..................................  Nonwastewater...........................  Aug. 8, 1988.
K026..................................  All.....................................  Aug. 8, 1990.
K027..................................  All.....................................  June 8, 1989.
K028 (metals).........................  Nonwastewater...........................  Aug. 8, 1990.
K028..................................  All others..............................  June 8, 1989.
K029..................................  Wastewater..............................  Aug. 8, 1990.
K029..................................  Nonwastewater...........................  June 8, 1989.
K030..................................  All.....................................  Aug. 8, 1988.
K031..................................  Wastewater..............................  Aug. 8, 1990.
K031..................................  Nonwastewater...........................  May 8, 1992.
K032..................................  All.....................................  Aug. 8, 1990.
K033..................................  All.....................................  Aug. 8, 1990.
K034..................................  All.....................................  Aug. 8, 1990.
K035..................................  All.....................................  Aug. 8, 1990.
K036..................................  Wastewater..............................  June 8, 1989.
K036..................................  Nonwastewater...........................  Aug. 8, 1988.
K037 b................................  Wastewater..............................  Aug. 8, 1988.
K037..................................  Nonwastewater...........................  Aug. 8, 1988.
K038..................................  All.....................................  June 8, 1989.
K039..................................  All.....................................  June 8, 1989.
K040..................................  All.....................................  June 8, 1989.
K041..................................  All.....................................  Aug. 8, 1990.
K042..................................  All.....................................  Aug. 8, 1990.
K043..................................  All.....................................  June 8, 1989.

[[Page 292]]

 
K044..................................  All.....................................  Aug. 8, 1988.
K045..................................  All.....................................  Aug. 8, 1988.
K046 (Nonreactive)....................  Nonwastewater...........................  Aug. 8, 1988.
K046..................................  All others..............................  Aug. 8, 1990.
K047..................................  All.....................................  Aug. 8, 1988.
K048..................................  Wastewater..............................  Aug. 8, 1990.
K048..................................  Nonwastewater...........................  Nov. 8, 1990.
K049..................................  Wastewater..............................  Aug. 8, 1990.
K049..................................  Nonwastewater...........................  Nov. 8, 1990.
K050..................................  Wastewater..............................  Aug. 8, 1990.
K050..................................  Nonwastewater...........................  Nov. 8, 1990.
K051..................................  Wastewater..............................  Aug. 8, 1990.
K051..................................  Nonwastewater...........................  Nov. 8, 1990.
K052..................................  Wastewater..............................  Aug. 8, 1990.
K052..................................  Nonwastewater...........................  Nov. 8, 1990.
K060..................................  Wastewater..............................  Aug. 8, 1990.
K060..................................  Nonwastewater...........................  Aug. 8, 1988.
K061..................................  Wastewater..............................  Aug. 8, 1990.
K061..................................  Nonwastewater...........................  June 30, 1992.
K062..................................  All.....................................  Aug. 8, 1988.
K069 (Non-Calcium Sulfate)............  Nonwastewater...........................  Aug. 8, 1988.
K069..................................  All others..............................  Aug. 8, 1990.
K071..................................  All.....................................  Aug. 8, 1990.
K073..................................  All.....................................  Aug. 8, 1990.
K083..................................  All.....................................  Aug. 8, 1990.
K084..................................  Wastewater..............................  Aug. 8, 1990.
K084..................................  Nonwastewater...........................  May 8, 1992.
K085..................................  All.....................................  Aug. 8, 1990.
K086 (organics) b.....................  All.....................................  Aug. 8, 1988.
K086..................................  All others..............................  Aug. 8, 1988.
K087..................................  All.....................................  Aug. 8, 1988.
K088..................................  All others..............................  Oct. 8, 1997.
K088..................................  All others..............................  Jan. 8, 1997.
K093..................................  All.....................................  June 8, 1989.
K094..................................  All.....................................  June 8, 1989.
K095..................................  Wastewater..............................  Aug. 8, 1990.
K095..................................  Nonwastewater...........................  June 8, 1989.
K096..................................  Wastewater..............................  Aug. 8, 1990.
K096..................................  Nonwastewater...........................  June 8, 1989.
K097..................................  All.....................................  Aug. 8, 1990.
K098..................................  All.....................................  Aug. 8, 1990.
K099..................................  All.....................................  Aug. 8, 1988.
K100..................................  Wastewater..............................  Aug. 8, 1990.
K100..................................  Nonwastewater...........................  Aug. 8, 1988.
K101 (organics).......................  Wastewater..............................  Aug. 8, 1988.
K101 (metals).........................  Wastewater..............................  Aug. 8, 1990.
K101 (organics).......................  Nonwastewater...........................  Aug. 8, 1988.
K101 (metals).........................  Nonwastewater...........................  May 8, 1992.
K102 (organics).......................  Wastewater..............................  Aug. 8, 1988.
K102 (metals).........................  Wastewater..............................  Aug. 8, 1990.
K102 (organics).......................  Nonwastewater...........................  Aug. 8, 1988.
K102 (metals).........................  Nonwastewater...........................  May 8, 1992.
K103..................................  All.....................................  Aug. 8, 1988.
K104..................................  All.....................................  Aug. 8, 1988.
K105..................................  All.....................................  Aug. 8, 1990.
K106..................................  Wastewater..............................  Aug. 8, 1990.
K106..................................  Nonwastewater...........................  May 8, 1992.
K107..................................  Mixed with radioactive wastes...........  June 30, 1994.
K107..................................  All others..............................  Nov. 9, 1992.
K108..................................  Mixed with radioactive wastes...........  June 30, 1994.
K108..................................  All others..............................  Nov. 9, 1992.
K109..................................  Mixed with radioactive wastes...........  June 30, 1994.
K109..................................  All others..............................  Nov. 9, 1992.
K110..................................  Mixed with radioactive wastes...........  June 30, 1994.
K110..................................  All others..............................  Nov. 9, 1992.
K111..................................  Mixed with radioactive wastes...........  June 30, 1994.
K111..................................  All others..............................  Nov. 9, 1992.
K112..................................  Mixed with radioactive wastes...........  June 30, 1994.
K112..................................  All others..............................  Nov. 9, 1992.
K113..................................  All.....................................  June 8, 1989.
K114..................................  All.....................................  June 8, 1989.

[[Page 293]]

 
K115..................................  All.....................................  June 8, 1989.
K116..................................  All.....................................  June 8, 1989.
K117..................................  Mixed with radioactive wastes...........  June 30, 1994.
K117..................................  All others..............................  Nov. 9, 1992.
K118..................................  Mixed with radioactive wastes...........  June 30, 1994.
K118..................................  All others..............................  Nov. 9, 1992.
K123..................................  Mixed with radioactive wastes...........  June 30, 1994.
K123..................................  All others..............................  Nov. 9, 1992.
K124..................................  Mixed with radioactive wastes...........  June 30, 1994.
K124..................................  All others..............................  Nov. 9, 1992.
K125..................................  Mixed with radioactive wastes...........  June 30, 1994.
K125..................................  All others..............................  Nov. 9, 1992.
K126..................................  Mixed with radioactive wastes...........  June 30, 1994.
K126..................................  All others..............................  Nov. 9, 1992.
K131..................................  Mixed with radioactive wastes...........  June 30, 1994.
K131..................................  All others..............................  Nov. 9, 1992.
K132..................................  Mixed with radioactive wastes...........  June 30, 1994.
K132..................................  All others..............................  Nov. 9, 1992.
K136..................................  Mixed with radioactive wastes...........  June 30, 1994.
K136..................................  All others..............................  Nov. 9, 1992.
K141..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K141..................................  All others..............................  Dec. 19, 1994.
K142..................................  Mixed with radioactive wastes...........  Sep. 19, 1996..
K142..................................  All others..............................  Dec. 19, 1994.
K143..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K143..................................  All others..............................  Dec. 19, 1994.
K144..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K144..................................  All others..............................  Dec. 19, 1994.
K145..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K145..................................  All others..............................  Dec. 19, 1994.
K147..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K147..................................  All others..............................  Dec. 19, 1994.
K148..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K148..................................  All others..............................  Dec. 19, 1994.
K149..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K149..................................  All others..............................  Dec. 19, 1994.
K150..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K150..................................  All others..............................  Dec. 19, 1994.
K151..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K151..................................  All others..............................  Dec. 19, 1994.
K156..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K156..................................  All others..............................  July 8, 1996.
K157..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K157..................................  All others..............................  July 8, 1996.
K158..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K158..................................  All others..............................  July 8, 1996.
K159..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K159..................................  All others..............................  July 8, 1996.
K160..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K160..................................  All others..............................  July 8, 1996.
K161..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K161..................................  All others..............................  July 8, 1996.
P001..................................  All.....................................  Aug. 8, 1990.
P002..................................  All.....................................  Aug. 8, 1990.
P003..................................  All.....................................  Aug. 8, 1990.
P004..................................  All.....................................  Aug. 8, 1990.
P005..................................  All.....................................  Aug. 8, 1990.
P006..................................  All.....................................  Aug. 8, 1990.
P007..................................  All.....................................  Aug. 8, 1990.
P008..................................  All.....................................  Aug. 8, 1990.
P009..................................  All.....................................  Aug. 8, 1990.
P010..................................  Wastewater..............................  Aug. 8, 1990.
P010..................................  Nonwastewater...........................  May 8, 1992.
P011..................................  Wastewater..............................  Aug. 8, 1990.
P011..................................  Nonwastewater...........................  May 8, 1992.
P012..................................  Wastewater..............................  Aug. 8, 1990.
P012..................................  Nonwastewater...........................  May 8, 1992.
P013 (barium).........................  Nonwastewater...........................  Aug. 8, 1990.
P013..................................  All others..............................  June 8, 1989.
P014..................................  All.....................................  Aug. 8, 1990.
P015..................................  All.....................................  Aug. 8, 1990.

[[Page 294]]

 
P016..................................  All.....................................  Aug. 8, 1990.
P017..................................  All.....................................  Aug. 8, 1990.
P018..................................  All.....................................  Aug. 8, 1990.
P020..................................  All.....................................  Aug. 8, 1990.
P021..................................  All.....................................  June 8, 1989.
P022..................................  All.....................................  Aug. 8, 1990.
P023..................................  All.....................................  Aug. 8, 1990.
P024..................................  All.....................................  Aug. 8, 1990.
P026..................................  All.....................................  Aug. 8, 1990.
P027..................................  All.....................................  Aug. 8, 1990.
P028..................................  All.....................................  Aug. 8, 1990.
P029..................................  All.....................................  June 8, 1989.
P030..................................  All.....................................  June 8, 1989.
P031..................................  All.....................................  Aug. 8, 1990.
P033..................................  All.....................................  Aug. 8, 1990.
P034..................................  All.....................................  Aug. 8, 1990.
P036..................................  Wastewater..............................  Aug. 8, 1990.
P036..................................  Nonwastewater...........................  May 8, 1992.
P037..................................  All.....................................  Aug. 8, 1990.
P038..................................  Wastewater..............................  Aug. 8, 1990.
P038..................................  Nonwastewater...........................  May 8, 1992.
P039..................................  All.....................................  June 8, 1989.
P040..................................  All.....................................  June 8, 1989.
P041..................................  All.....................................  June 8, 1989.
P042..................................  All.....................................  Aug. 8, 1990.
P043..................................  All.....................................  June 8, 1989.
P044..................................  All.....................................  June 8, 1989.
P045..................................  All.....................................  Aug. 8, 1990.
P046..................................  All.....................................  Aug. 8, 1990.
P047..................................  All.....................................  Aug. 8, 1990.
P048..................................  All.....................................  Aug. 8, 1990.
P049..................................  All.....................................  Aug. 8, 1990.
P050..................................  All.....................................  Aug. 8, 1990.
P051..................................  All.....................................  Aug. 8, 1990.
P054..................................  All.....................................  Aug. 8, 1990.
P056..................................  All.....................................  Aug. 8, 1990.
P057..................................  All.....................................  Aug. 8, 1990.
P058..................................  All.....................................  Aug. 8, 1990.
P059..................................  All.....................................  Aug. 8, 1990.
P060..................................  All.....................................  Aug. 8, 1990.
P062..................................  All.....................................  June 8, 1989.
P063..................................  All.....................................  June 8, 1989.
P064..................................  All.....................................  Aug. 8, 1990.
P065..................................  Wastewater..............................  Aug. 8, 1990.
P065..................................  Nonwastewater...........................  May 8, 1992.
P066..................................  All.....................................  Aug. 8, 1990.
P067..................................  All.....................................  Aug. 8, 1990.
P068..................................  All.....................................  Aug. 8, 1990.
P069..................................  All.....................................  Aug. 8, 1990.
P070..................................  All.....................................  Aug. 8, 1990.
P071..................................  All.....................................  June 8, 1989.
P072..................................  All.....................................  Aug. 8, 1990.
P073..................................  All.....................................  Aug. 8, 1990.
P074..................................  All.....................................  June 8, 1989.
P075..................................  All.....................................  Aug. 8, 1990.
P076..................................  All.....................................  Aug. 8, 1990.
P077..................................  All.....................................  Aug. 8, 1990.
P078..................................  All.....................................  Aug. 8, 1990.
P081..................................  All.....................................  Aug. 8, 1990.
P082..................................  All.....................................  Aug. 8, 1990.
P084..................................  All.....................................  Aug. 8, 1990.
P085..................................  All.....................................  June 8, 1989.
P087..................................  All.....................................  May 8, 1992.
P088..................................  All.....................................  Aug. 8, 1990.
P089..................................  All.....................................  June 8, 1989.
P092..................................  Wastewater..............................  Aug. 8, 1990.
P092..................................  Nonwastewater...........................  May 8, 1992.
P093..................................  All.....................................  Aug. 8, 1990.
P094..................................  All.....................................  June 8, 1989.
P095..................................  All.....................................  Aug. 8, 1990.
P096..................................  All.....................................  Aug. 8, 1990.

[[Page 295]]

 
P097..................................  All.....................................  June 8, 1989.
P098..................................  All.....................................  June 8, 1989.
P099 (silver).........................  Wastewater..............................  Aug. 8, 1990.
P099..................................  All others..............................  June 8, 1989.
P101..................................  All.....................................  Aug. 8, 1990.
P102..................................  All.....................................  Aug. 8, 1990.
P103..................................  All.....................................  Aug. 8, 1990.
P104 (silver).........................  Wastewater..............................  Aug. 8, 1990.
P104..................................  All others..............................  June 8, 1989.
P105..................................  All.....................................  Aug. 8, 1990.
P106..................................  All.....................................  June 8, 1989.
P108..................................  All.....................................  Aug. 8, 1990.
P109..................................  All.....................................  June 8, 1989.
P110..................................  All.....................................  Aug. 8, 1990.
P111..................................  All.....................................  June 8, 1989.
P112..................................  All.....................................  Aug. 8, 1990.
P113..................................  All.....................................  Aug. 8, 1990.
P114..................................  All.....................................  Aug. 8, 1990.
P115..................................  All.....................................  Aug. 8, 1990.
P116..................................  All.....................................  Aug. 8, 1990.
P118..................................  All.....................................  Aug. 8, 1990.
P119..................................  All.....................................  Aug. 8, 1990.
P120..................................  All.....................................  Aug. 8, 1990.
P121..................................  All.....................................  June 8, 1989.
P122..................................  All.....................................  Aug. 8, 1990.
P123..................................  All.....................................  Aug. 8, 1990.
P127..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P127..................................  All others..............................  July 8, 1996.
P128..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P128..................................  All others..............................  July 8, 1996.
P185..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P185..................................  All others..............................  July 8, 1996.
P188..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P188..................................  All others..............................  July 8, 1996.
P189..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P189..................................  All others..............................  July 8, 1996.
P190..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P190..................................  All others..............................  July 8, 1996.
P191..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P191..................................  All others..............................  July 8, 1996.
P192..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P192..................................  All others..............................  July 8, 1996.
P194..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P194..................................  All others..............................  July 8, 1996.
P196..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P196..................................  All others..............................  July 8, 1996.
P197..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P197..................................  All others..............................  July 8, 1996.
P198..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P198..................................  All others..............................  July 8, 1996.
P199..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P199..................................  All others..............................  July 8, 1996.
P201..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P201..................................  All others..............................  July 8, 1996.
P202..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P202..................................  All others..............................  July 8, 1996.
P203..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P203..................................  All others..............................  July 8, 1996.
P204..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P204..................................  All others..............................  July 8, 1996.
P205..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P205..................................  All others..............................  July 8, 1996.
U001..................................  All.....................................  Aug. 8, 1990.
U002..................................  All.....................................  Aug. 8, 1990.
U003..................................  All.....................................  Aug. 8, 1990.
U004..................................  All.....................................  Aug. 8, 1990.
U005..................................  All.....................................  Aug. 8, 1990.
U006..................................  All.....................................  Aug. 8, 1990.
U007..................................  All.....................................  Aug. 8, 1990.
U008..................................  All.....................................  Aug. 8, 1990.
U009..................................  All.....................................  Aug. 8, 1990.

[[Page 296]]

 
U010..................................  All.....................................  Aug. 8, 1990.
U011..................................  All.....................................  Aug. 8, 1990.
U012..................................  All.....................................  Aug. 8, 1990.
U014..................................  All.....................................  Aug. 8, 1990.
U015..................................  All.....................................  Aug. 8, 1990.
U016..................................  All.....................................  Aug. 8, 1990.
U017..................................  All.....................................  Aug. 8, 1990.
U018..................................  All.....................................  Aug. 8, 1990.
U019..................................  All.....................................  Aug. 8, 1990.
U020..................................  All.....................................  Aug. 8, 1990.
U021..................................  All.....................................  Aug. 8, 1990.
U022..................................  All.....................................  Aug. 8, 1990.
U023..................................  All.....................................  Aug. 8, 1990.
U024..................................  All.....................................  Aug. 8, 1990.
U025..................................  All.....................................  Aug. 8, 1990.
U026..................................  All.....................................  Aug. 8, 1990.
U027..................................  All.....................................  Aug. 8, 1990.
U028..................................  All.....................................  June 8, 1989.
U029..................................  All.....................................  Aug. 8, 1990.
U030..................................  All.....................................  Aug. 8, 1990.
U031..................................  All.....................................  Aug. 8, 1990.
U032..................................  All.....................................  Aug. 8, 1990.
U033..................................  All.....................................  Aug. 8, 1990.
U034..................................  All.....................................  Aug. 8, 1990.
U035..................................  All.....................................  Aug. 8, 1990.
U036..................................  All.....................................  Aug. 8, 1990.
U037..................................  All.....................................  Aug. 8, 1990.
U038..................................  All.....................................  Aug. 8, 1990.
U039..................................  All.....................................  Aug. 8, 1990.
U041..................................  All.....................................  Aug. 8, 1990.
U042..................................  All.....................................  Aug. 8, 1990.
U043..................................  All.....................................  Aug. 8, 1990.
U044..................................  All.....................................  Aug. 8, 1990.
U045..................................  All.....................................  Aug. 8, 1990.
U046..................................  All.....................................  Aug. 8, 1990.
U047..................................  All.....................................  Aug. 8, 1990.
U048..................................  All.....................................  Aug. 8, 1990.
U049..................................  All.....................................  Aug. 8, 1990.
U050..................................  All.....................................  Aug. 8, 1990.
U051..................................  All.....................................  Aug. 8, 1990.
U052..................................  All.....................................  Aug. 8, 1990.
U053..................................  All.....................................  Aug. 8, 1990.
U055..................................  All.....................................  Aug. 8, 1990.
U056..................................  All.....................................  Aug. 8, 1990.
U057..................................  All.....................................  Aug. 8, 1990.
U058..................................  All.....................................  June 8, 1989.
U059..................................  All.....................................  Aug. 8, 1990.
U060..................................  All.....................................  Aug. 8, 1990.
U061..................................  All.....................................  Aug. 8, 1990.
U062..................................  All.....................................  Aug. 8, 1990.
U063..................................  All.....................................  Aug. 8, 1990.
U064..................................  All.....................................  Aug. 8, 1990.
U066..................................  All.....................................  Aug. 8, 1990.
U067..................................  All.....................................  Aug. 8, 1990.
U068..................................  All.....................................  Aug. 8, 1990.
U069..................................  All.....................................  June 30, 1992.
U070..................................  All.....................................  Aug. 8, 1990.
U071..................................  All.....................................  Aug. 8, 1990.
U072..................................  All.....................................  Aug. 8, 1990.
U073..................................  All.....................................  Aug. 8, 1990.
U074..................................  All.....................................  Aug. 8, 1990.
U075..................................  All.....................................  Aug. 8, 1990.
U076..................................  All.....................................  Aug. 8, 1990.
U077..................................  All.....................................  Aug. 8, 1990.
U078..................................  All.....................................  Aug. 8, 1990.
U079..................................  All.....................................  Aug. 8, 1990.
U080..................................  All.....................................  Aug. 8, 1990.
U081..................................  All.....................................  Aug. 8, 1990.
U082..................................  All.....................................  Aug. 8, 1990.
U083..................................  All.....................................  Aug. 8, 1990.
U084..................................  All.....................................  Aug. 8, 1990.

[[Page 297]]

 
U085..................................  All.....................................  Aug. 8, 1990.
U086..................................  All.....................................  Aug. 8, 1990.
U087..................................  All.....................................  June 8, 1989.
U088..................................  All.....................................  June 8, 1989.
U089..................................  All.....................................  Aug. 8, 1990.
U090..................................  All.....................................  Aug. 8, 1990.
U091..................................  All.....................................  Aug. 8, 1990.
U092..................................  All.....................................  Aug. 8, 1990.
U093..................................  All.....................................  Aug. 8, 1990.
U094..................................  All.....................................  Aug. 8, 1990.
U095..................................  All.....................................  Aug. 8, 1990.
U096..................................  All.....................................  Aug. 8, 1990.
U097..................................  All.....................................  Aug. 8, 1990.
U098..................................  All.....................................  Aug. 8, 1990.
U099..................................  All.....................................  Aug. 8, 1990.
U101..................................  All.....................................  Aug. 8, 1990.
U102..................................  All.....................................  June 8, 1989.
U103..................................  All.....................................  Aug. 8, 1990.
U105..................................  All.....................................  Aug. 8, 1990.
U106..................................  All.....................................  Aug. 8, 1990.
U107..................................  All.....................................  June 8, 1989.
U108..................................  All.....................................  Aug. 8, 1990.
U109..................................  All.....................................  Aug. 8, 1990.
U110..................................  All.....................................  Aug. 8, 1990.
U111..................................  All.....................................  Aug. 8, 1990.
U112..................................  All.....................................  Aug. 8, 1990.
U113..................................  All.....................................  Aug. 8, 1990.
U114..................................  All.....................................  Aug. 8, 1990.
U115..................................  All.....................................  Aug. 8, 1990.
U116..................................  All.....................................  Aug. 8, 1990.
U117..................................  All.....................................  Aug. 8, 1990.
U118..................................  All.....................................  Aug. 8, 1990.
U119..................................  All.....................................  Aug. 8, 1990.
U120..................................  All.....................................  Aug. 8, 1990.
U121..................................  All.....................................  Aug. 8, 1990.
U122..................................  All.....................................  Aug. 8, 1990.
U123..................................  All.....................................  Aug. 8, 1990.
U124..................................  All.....................................  Aug. 8, 1990.
U125..................................  All.....................................  Aug. 8, 1990.
U126..................................  All.....................................  Aug. 8, 1990.
U127..................................  All.....................................  Aug. 8, 1990.
U128..................................  All.....................................  Aug. 8, 1990.
U129..................................  All.....................................  Aug. 8, 1990.
U130..................................  All.....................................  Aug. 8, 1990.
U131..................................  All.....................................  Aug. 8, 1990.
U132..................................  All.....................................  Aug. 8, 1990.
U133..................................  All.....................................  Aug. 8, 1990.
U134..................................  All.....................................  Aug. 8, 1990.
U135..................................  All.....................................  Aug. 8, 1990.
U136..................................  Wastewater..............................  Aug. 8, 1990.
U136..................................  Nonwastewater...........................  May 8, 1992.
U137..................................  All.....................................  Aug. 8, 1990.
U138..................................  All.....................................  Aug. 8, 1990.
U140..................................  All.....................................  Aug. 8, 1990.
U141..................................  All.....................................  Aug. 8, 1990.
U142..................................  All.....................................  Aug. 8, 1990.
U143..................................  All.....................................  Aug. 8, 1990.
U144..................................  All.....................................  Aug. 8, 1990.
U145..................................  All.....................................  Aug. 8, 1990.
U146..................................  All.....................................  Aug. 8, 1990.
U147..................................  All.....................................  Aug. 8, 1990.
U148..................................  All.....................................  Aug. 8, 1990.
U149..................................  All.....................................  Aug. 8, 1990.
U150..................................  All.....................................  Aug. 8, 1990.
U151..................................  Wastewater..............................  Aug. 8, 1990.
U151..................................  Nonwastewater...........................  May 8, 1992.
U152..................................  All.....................................  Aug. 8, 1990.
U153..................................  All.....................................  Aug. 8, 1990.
U154..................................  All.....................................  Aug. 8, 1990.
U155..................................  All.....................................  Aug. 8, 1990.
U156..................................  All.....................................  Aug. 8, 1990.

[[Page 298]]

 
U157..................................  All.....................................  Aug. 8, 1990.
U158..................................  All.....................................  Aug. 8, 1990.
U159..................................  All.....................................  Aug. 8, 1990.
U160..................................  All.....................................  Aug. 8, 1990.
U161..................................  All.....................................  Aug. 8, 1990.
U162..................................  All.....................................  Aug. 8, 1990.
U163..................................  All.....................................  Aug. 8, 1990.
U164..................................  All.....................................  Aug. 8, 1990.
U165..................................  All.....................................  Aug. 8, 1990.
U166..................................  All.....................................  Aug. 8, 1990.
U167..................................  All.....................................  Aug. 8, 1990.
U168..................................  All.....................................  Aug. 8, 1990.
U169..................................  All.....................................  Aug. 8, 1990.
U170..................................  All.....................................  Aug. 8, 1990.
U171..................................  All.....................................  Aug. 8, 1990.
U172..................................  All.....................................  Aug. 8, 1990.
U173..................................  All.....................................  Aug. 8, 1990.
U174..................................  All.....................................  Aug. 8, 1990.
U176..................................  All.....................................  Aug. 8, 1990.
U177..................................  All.....................................  Aug. 8, 1990.
U178..................................  All.....................................  Aug. 8, 1990.
U179..................................  All.....................................  Aug. 8, 1990.
U180..................................  All.....................................  Aug. 8, 1990.
U181..................................  All.....................................  Aug. 8, 1990.
U182..................................  All.....................................  Aug. 8, 1990.
U183..................................  All.....................................  Aug. 8, 1990.
U184..................................  All.....................................  Aug. 8, 1990.
U185..................................  All.....................................  Aug. 8, 1990.
U186..................................  All.....................................  Aug. 8, 1990.
U187..................................  All.....................................  Aug. 8, 1990.
U188..................................  All.....................................  Aug. 8, 1990.
U189..................................  All.....................................  Aug. 8, 1990.
U190..................................  All.....................................  June 8, 1989.
U191..................................  All.....................................  Aug. 8, 1990.
U192..................................  All.....................................  Aug. 8, 1990.
U193..................................  All.....................................  Aug. 8, 1990.
U194..................................  All.....................................  June 8, 1989.
U196..................................  All.....................................  Aug. 8, 1990.
U197..................................  All.....................................  Aug. 8, 1990.
U200..................................  All.....................................  Aug. 8, 1990.
U201..................................  All.....................................  Aug. 8, 1990.
U202..................................  All.....................................  Aug. 8, 1990.
U203..................................  All.....................................  Aug. 8, 1990.
U204..................................  All.....................................  Aug. 8, 1990.
U205..................................  All.....................................  Aug. 8, 1990.
U206..................................  All.....................................  Aug. 8, 1990.
U207..................................  All.....................................  Aug. 8, 1990.
U208..................................  All.....................................  Aug. 8, 1990.
U209..................................  All.....................................  Aug. 8, 1990.
U210..................................  All.....................................  Aug. 8, 1990.
U211..................................  All.....................................  Aug. 8, 1990.
U213..................................  All.....................................  Aug. 8, 1990.
U214..................................  All.....................................  Aug. 8, 1990.
U215..................................  All.....................................  Aug. 8, 1990.
U216..................................  All.....................................  Aug. 8, 1990.
U217..................................  All.....................................  Aug. 8, 1990.
U218..................................  All.....................................  Aug. 8, 1990.
U219..................................  All.....................................  Aug. 8, 1990.
U220..................................  All.....................................  Aug. 8, 1990.
U221..................................  All.....................................  June 8, 1989.
U222..................................  All.....................................  Aug. 8, 1990.
U223..................................  All.....................................  June 8, 1989.
U225..................................  All.....................................  Aug. 8, 1990.
U226..................................  All.....................................  Aug. 8, 1990.
U227..................................  All.....................................  Aug. 8, 1990.
U228..................................  All.....................................  Aug. 8, 1990.
U234..................................  All.....................................  Aug. 8, 1990.
U235..................................  All.....................................  June 8, 1989.
U236..................................  All.....................................  Aug. 8, 1990.
U237..................................  All.....................................  Aug. 8, 1990.
U238..................................  All.....................................  Aug. 8, 1990.

[[Page 299]]

 
U239..................................  All.....................................  Aug. 8, 1990.
U240..................................  All.....................................  Aug. 8, 1990.
U243..................................  All.....................................  Aug. 8, 1990.
U244..................................  All.....................................  Aug. 8, 1990.
U246..................................  All.....................................  Aug. 8, 1990.
U247..................................  All.....................................  Aug. 8, 1990.
U248..................................  All.....................................  Aug. 8, 1990.
U249..................................  All.....................................  Aug. 8, 1990.
U271..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U271..................................  All others..............................  July 8, 1996.
U277..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U277..................................  All others..............................  July 8, 1996.
U278..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U278..................................  All others..............................  July 8, 1996.
U279..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U279..................................  All others..............................  July 8, 1996.
U280..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U280..................................  All others..............................  July 8, 1996.
U328..................................  Mixed with radioactive wastes...........  June 30, 1994.
U328..................................  All others..............................  Nov. 9, 1992.
U353..................................  Mixed with radioactive wastes...........  June 30, 1994.
U353..................................  All others..............................  Nov. 9, 1992.
U359..................................  Mixed with radioactive wastes...........  June 30, 1994.
U359..................................  All others..............................  Nov. 9, 1992.
U364..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U364..................................  All others..............................  July 8, 1996.
U365..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U365..................................  All others..............................  July 8, 1996.
U366..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U366..................................  All others..............................  July 8, 1996.
U367..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U367..................................  All others..............................  July 8, 1996.
U372..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U372..................................  All others..............................  July 8, 1996.
U373..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U373..................................  All others..............................  July 8, 1996.
U375..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U375..................................  All others..............................  July 8, 1996.
U376..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U376..................................  All others..............................  July 8, 1996.
U377..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U377..................................  All others..............................  July 8, 1996.
U378..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U378..................................  All others..............................  July 8, 1996.
U379..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U379..................................  All others..............................  July 8, 1996.
U381..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U381..................................  All others..............................  July 8, 1996.
U382..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U382..................................  All others..............................  July 8, 1996.
U383..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U383..................................  All others..............................  July 8, 1996.
U384..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U384..................................  All others..............................  July 8, 1996.
U385..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U385..................................  All others..............................  July 8, 1996.
U386..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U386..................................  All others..............................  July 8, 1996.
U387..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U387..................................  All others..............................  July 8, 1996.
U389..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U389..................................  All others..............................  July 8, 1996.
U390..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U390..................................  All others..............................  July 8, 1996.
U391..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U391..................................  All others..............................  July 8, 1996.
U392..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U392..................................  All others..............................  July 8, 1996.
U393..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U393..................................  All others..............................  July 8, 1996.
U394..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.

[[Page 300]]

 
U394..................................  All others..............................  July 8, 1996.
U395..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U395..................................  All others..............................  July 8, 1996.
U396..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U396..................................  All others..............................  July 8, 1996.
U400..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U400..................................  All others..............................  July 8, 1996.
U401..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U401..................................  All others..............................  July 8, 1996.
U402..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U402..................................  All others..............................  July 8, 1996.
U403..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U403..................................  All others..............................  July 8, 1996.
U404..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U404..................................  All others..............................  July 8, 1996.
U407..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U407..................................  All others..............................  July 8, 1996.
U409..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U409..................................  All others..............................  July 8, 1996.
U410..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U410..................................  All others..............................  July 8, 1996.
U411..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U411..................................  All others..............................  July 8, 1996.
----------------------------------------------------------------------------------------------------------------
a This table does not include mixed radioactive wastes (from the First, Second, and Third Third rules) which
  received national capacity variance until May 8, 1992. This table also does not include contaminated soil and
  debris wastes.
b The standard was revised in the Third Third Final Rule (55 FR 22520, June 1, 1990).
c The standard was revised in the Third Third Emergency Rule (58 FR 29860, May 24, 1993); the original effective
  date was August 8, 1990.
d The standard was revised in the Phase II Final Rule (59 FR 47982, Sept. 19, 1994); the original effective date
  was August 8, 1990.
e The standards for selected reactive wastes was revised in the Phase III Final Rule (61 FR 15566, Apr. 8,
  1996); the original effective date was August 8, 1990.


  Table 2--Summary of Effective Dates of Land Disposal Restrictions for
                   Contaminated Soil and Debris (CSD)
------------------------------------------------------------------------
      Restricted hazardous waste in CSD              Effective date
------------------------------------------------------------------------
1. Solvent-(F001-F005) and dioxin-(F020-F023   Nov. 8, 1990.
 and F026-F028) containing soil and debris
 from CERCLA response or RCRA corrective
 actions.
2. Soil and debris not from CERCLA response    Nov. 8, 1988.
 or RCRA corrective actions contaminated with
 less than 1% total solvents (F001-F005) or
 dioxins (F020-F023 and F026-F028).
3 All soil and debris contaminated with First  Aug. 8, 1990.
 Third wastes for which treatment standards
 are based on incineration.
4. All soil and debris contaminated with       June 8, 1991.
 Second Third wastes for which treatment
 standards are based on incineration.
5. All soil and debris contaminated with       May 8, 1992.
 Third Third wastes or, First or Second Third
 ``soft hammer'' wastes which had treatment
 standards promulgated in the Third Third
 rule, for which treatment standards are
 based on incineration, vitrification, or
 mercury retorting, acid leaching followed by
 chemical precipitation, or thermal recovery
 of metals; as well as all inorganic solids
 debris contaminated with D004-D011 wastes,
 and all soil and debris contaminated with
 mixed RCRA/radioactive wastes.
6. Soil and debris contaminated with D012-     Dec. 19, 1994.
 D043, K141-K145, and K147-151 wastes.
7. Debris (only) contaminated with F037,       Dec. 19, 1994
 F038, K107-K112, K117, K118, K123-K126,
 K131, K132, K136, U328, U353, U359.
8. Soil and debris contaminated with K156-     July 8, 1996.
 K161, P127, P128, P188-P192, P194, P196-
 P199, P201-P205, U271, U277-U280, U364-U367,
 U372, U373, U375-U379, U381-U387, U389-U396,
 U400-U404, U407, and U409-U411 wastes.
9. Soil and debris contaminated with K088      Oct. 8, 1997.
 wastes.
10. Soil and debris contaminated with          April 8, 1998.
 radioactive wastes mixed with K088, K156-
 K161, P127, P128, P188-P192, P194, P196-
 P199, P201-P205, U271, U277-U280, U364-U367,
 U372, U373, U375-U379, U381-U387, U389-U396,
 U400-U404, U407, and U409-U411 wastes.
11. Soil and debris contaminated with F032,    May 12, 1997.
 F034, and F035.
12. Soil and debris contaminated with newly    Aug. 24, 1998.
 identified D004-D011 toxicity characteristic
 wastes and mineral processing wastes..
13. Soil and debris contaminated with mixed    May 26, 2000.
 radioactive newly identified D004-D011
 characteristic wastes and mineral processing
 wastes..
------------------------------------------------------------------------
Note: Appendix VII is provided for the convenience of the reader.

[62 FR 26025, May 12, 1997, as amended at 63 FR 28751, May 26, 1998]

[[Page 301]]

       Appendix VIII to Part 268--LDR Effective Dates of Injected 
                      Prohibited Hazardous Wastes

                                National Capacity LDR Variances for UIC Wastes a
----------------------------------------------------------------------------------------------------------------
              Waste code                             Waste category                       Effective date
----------------------------------------------------------------------------------------------------------------
F001-F005.............................  All spent F001-F005 solvent containing    Aug. 8, 1990.
                                         less than 1 percent total F001-F005
                                         solvent constituents.
D001 (except High TOC Ignitable         All.....................................  Feb. 10, 1994.
 Liquids Subcategory)c.
D001 (High TOC Ignitable                Nonwastewater...........................  Sept. 19, 1995.
 Characteristic Liquids Subcategory).
D002b.................................  All.....................................  May 8, 1992.
D002c.................................  All.....................................  Feb. 10, 1994.
D003 (cyanides).......................  All.....................................  May 8, 1992.
D003 (sulfides).......................  All.....................................  May 8, 1992.
D003 (explosives, reactives)..........  All.....................................  May 8, 1992.
D007..................................  All.....................................  May 8, 1992.
D009..................................  Nonwastewater...........................  May 8, 1992.
D012..................................  All.....................................  Sept. 19, 1995.
D013..................................  All.....................................  Sept. 19, 1995.
D014..................................  All.....................................  Sept. 19, 1995.
D015..................................  All.....................................  Sept. 19, 1995.
D016..................................  All.....................................  Sept. 19, 1995.
D017..................................  All.....................................  Sept. 19, 1995.
D018..................................  All, including mixed with radioactive     Apr. 8, 1998.
                                         wastes.
D019..................................  All, including mixed with radioactive     Apr. 8, 1998.
                                         wastes.
D020..................................  All, including mixed with radioactive     Apr. 8, 1998.
                                         wastes.
D021..................................  All, including mixed with radioactive     Apr. 8, 1998.
                                         wastes.
D022..................................  All, including mixed with radioactive     Apr. 8, 1998.
                                         wastes.
D023..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D024..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D025..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D026..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D027..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D028..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D029..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D030..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D031..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D032..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D033..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D034..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D035..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D036..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D037..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D038..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D039..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D040..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D041..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D042..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D043..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
F007..................................  All.....................................  June 8, 1991.
F032..................................  All, including mixed radioactive wastes.  May 12, 1999.
F034..................................  All, including mixed radioactive wastes.  May 12,1999.
F035..................................  All, including mixed radioactive wastes.  May 12, 1999.
F037..................................  All.....................................  Nov. 8, 1992.
F038..................................  All.....................................  Nov. 8, 1992.
F039..................................  Wastewater..............................  May 8, 1992.
K009..................................  Wastewater..............................  June 8, 1991.
K011..................................  Nonwastewater...........................  June 8, 1991.
K011..................................  Wastewater..............................  May 8, 1992.
K011..................................  Nonwastewater...........................  June 8, 1991.
K011..................................  Wastewater..............................  May 8, 1992.
K013..................................  Nonwastewater...........................  June 8, 1991.
K013..................................  Wastewater..............................  May 8, 1992.
K014..................................  All.....................................  May 8, 1992.
K016 (dilute).........................  All.....................................  June 8, 1991.
K049..................................  All.....................................  Aug. 8, 1990.
K050..................................  All.....................................  Aug. 8, 1990.
K051..................................  All.....................................  Aug. 8, 1990.
K052..................................  All.....................................  Aug. 8, 1990.
K062..................................  All.....................................  Aug. 8, 1990.

[[Page 302]]

 
K071..................................  All.....................................  Aug. 8, 1990.
K088..................................  All.....................................  Jan. 8, 1997.
K104..................................  All.....................................  Aug. 8, 1990.
K107..................................  All.....................................  Nov. 8, 1992.
K108..................................  All.....................................  Nov. 9, 1992.
K109..................................  All.....................................  Nov. 9, 1992.
K110..................................  All.....................................  Nov. 9, 1992.
K111..................................  All.....................................  Nov. 9, 1992.
K112..................................  All.....................................  Nov. 9, 1992.
K117..................................  All.....................................  June 30, 1995.
K118..................................  All.....................................  June 30, 1995.
K123..................................  All.....................................  Nov. 9, 1992.
K124..................................  All.....................................  Nov. 9, 1992.
K125..................................  All.....................................  Nov. 9, 1992.
K126..................................  All.....................................  Nov. 9, 1992.
K131..................................  All.....................................  June 30, 1995.
K132..................................  All.....................................  June 30, 1995.
K136..................................  All.....................................  Nov. 9, 1992.
K141..................................  All.....................................  Dec. 19, 1994.
K142..................................  All.....................................  Dec. 19, 1994.
K143..................................  All.....................................  Dec. 19, 1994.
K144..................................  All.....................................  Dec. 19, 1994.
K145..................................  All.....................................  Dec. 19, 1994.
K147..................................  All.....................................  Dec. 19, 1994.
K148..................................  All.....................................  Dec. 19, 1994.
K149..................................  All.....................................  Dec. 19, 1994.
K150..................................  All.....................................  Dec. 19, 1994.
K151..................................  All.....................................  Dec. 19, 1994.
K156..................................  All.....................................  July 8, 1996.
K157..................................  All.....................................  July 8, 1996.
K158..................................  All.....................................  July 8, 1996.
K159..................................  All.....................................  July 8, 1996.
K160..................................  All.....................................  July 8, 1996.
K161..................................  All.....................................  July 8, 1996.
NA....................................  Newly identified mineral processing       May 26, 2000.
                                         wastes from titanium dioxide production
                                         and mixed radioactive/newly identified
                                         D004-D011 characteristic wastes and
                                         mineral processing wastes..
P127..................................  All.....................................  July 8, 1996.
P128..................................  All.....................................  July 8, 1996.
P185..................................  All.....................................  July 8, 1996.
P188..................................  All.....................................  July 8, 1996.
P189..................................  All.....................................  July 8, 1996.
P190..................................  All.....................................  July 8, 1996.
P191..................................  All.....................................  July 8, 1996.
P192..................................  All.....................................  July 8, 1996.
P194..................................  All.....................................  July 8, 1996.
P196..................................  All.....................................  July 8, 1996.
P197..................................  All.....................................  July 8, 1996.
P198..................................  All.....................................  July 8, 1996.
P199..................................  All.....................................  July 8, 1996.
P201..................................  All.....................................  July 8, 1996.
P202..................................  All.....................................  July 8, 1996.
P203..................................  All.....................................  July 8, 1996.
P204..................................  All.....................................  July 8, 1996.
P205..................................  All.....................................  July 8, 1996.
U271..................................  All.....................................  July 8, 1996.
U277..................................  All.....................................  July 8, 1996.
U278..................................  All.....................................  July 8, 1996.
U279..................................  All.....................................  July 8, 1996.
U280..................................  All.....................................  July 8, 1996.
U328..................................  All.....................................  Nov. 9, 1992.
U353..................................  All.....................................  Nov. 9, 1992.
U359..................................  All.....................................  Nov. 9, 1992.
U364..................................  All.....................................  July 8, 1996.
U365..................................  All.....................................  July 8, 1996.
U366..................................  All.....................................  July 8, 1996.
U367..................................  All.....................................  July 8, 1996.
U372..................................  All.....................................  July 8, 1996.
U373..................................  All.....................................  July 8, 1996.
U375..................................  All.....................................  July 8, 1996.
U376..................................  All.....................................  July 8, 1996.

[[Page 303]]

 
U377..................................  All.....................................  July 8, 1996.
U378..................................  All.....................................  July 8, 1996.
U379..................................  All.....................................  July 8, 1996.
U381..................................  All.....................................  July 8, 1996.
U382..................................  All.....................................  July 8, 1996.
U383..................................  All.....................................  July 8, 1996.
U384..................................  All.....................................  July 8, 1996.
U385..................................  All.....................................  July 8, 1996.
U386..................................  All.....................................  July 8, 1996.
U387..................................  All.....................................  July 8, 1996.
U389..................................  All.....................................  July 8, 1996.
U390..................................  All.....................................  July 8, 1996.
U391..................................  All.....................................  July 8, 1996.
U392..................................  All.....................................  July 8, 1996.
U395..................................  All.....................................  July 8, 1996.
U396..................................  All.....................................  July 8, 1996.
U400..................................  All.....................................  July 8, 1996.
U401..................................  All.....................................  July 8, 1996.
U402..................................  All.....................................  July 8, 1996.
U403..................................  All.....................................  July 8, 1996.
U404..................................  All.....................................  July 8, 1996.
U407..................................  All.....................................  July 8, 1996.
U409..................................  All.....................................  July 8, 1996.
U410..................................  All.....................................  July 8, 1996.
U411..................................  All.....................................  July 8, 1996.
----------------------------------------------------------------------------------------------------------------
a  Wastes that are deep well disposed on-site receive a six-month variance, with restrictions effective in
  November 1990.
b  Deepwell injected D002 liquids with a pH less than 2 must meet the California List treatment standards on
  August 8, 1990.
c  Managed in systems defined in 40 CFR 144.6(e) and 14.6(e) as Class V injection wells, that do not engage in
  CWA-equivalent treatment before injection.
Note: This table is provided for the convenience of the reader.

[62 FR 26037, May 12, 1997, as amended at 63 FR 28752, May 26, 1998]
      Appendix IX to Part 268--Extraction Procedure (EP) Toxicity 
        Test Method and Structural Integrity Test (Method 1310)
    Note: The EP (Method 1310) is published in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter.

[58 FR 46051, Aug. 31, 1993]

                    Appendix X to Part 268 [Reserved]

 Appendix XI to Part 268--Metal Bearing Wastes Prohibited From Dilution
          in a Combustion Unit According to 40 CFR 268.3(c) \1\
------------------------------------------------------------------------
          Waste code                       Waste description
------------------------------------------------------------------------
D004.........................  Toxicity Characteristic for Arsenic.
D005.........................  Toxicity Characteristic for Barium.
D006.........................  Toxicity Characteristic for Cadmium.
D007.........................  Toxicity Characteristic for Chromium.
D008.........................  Toxicity Characteristic for Lead.
D009.........................  Toxicity Characteristic for Mercury.
D010.........................  Toxicity Characteristic for Selenium.
D011.........................  Toxicity Characteristic for Silver.
F006.........................  Wastewater treatment sludges from
                                electroplating operations except from
                                the following processes: (1) sulfuric
                                acid anodizing of aluminum; (2) tin
                                plating carbon steel; (3) zinc plating
                                (segregated basis) on carbon steel; (4)
                                aluminum or zinc-plating on carbon
                                steel; (5) cleaning/stripping associated
                                with tin, zinc and aluminum plating on
                                carbon steel; and (6) chemical etching
                                and milling of aluminum.
F007.........................  Spent cyanide plating bath solutions from
                                electroplating operations.
F008.........................  Plating bath residues from the bottom of
                                plating baths from electroplating
                                operations where cyanides are used in
                                the process.
F009.........................  Spent stripping and cleaning bath
                                solutions from electroplating operations
                                where cyanides are used in the process.

[[Page 304]]

 
F010.........................  Quenching bath residues from oil baths
                                from metal treating operations where
                                cyanides are used in the process.
F011.........................  Spent cyanide solutions from salt bath
                                pot cleaning from metal heat treating
                                operations.
F012.........................  Quenching waste water treatment sludges
                                from metal heat treating operations
                                where cyanides are used in the process.
F019.........................  Wastewater treatment sludges from the
                                chemical conversion coating of aluminum
                                except from zirconium phosphating in
                                aluminum car washing when such
                                phosphating is an exclusive conversion
                                coating process.
K002.........................  Wastewater treatment sludge from the
                                production of chrome yellow and orange
                                pigments.
K003.........................  Wastewater treatment sludge from the
                                production of molybdate orange pigments.
K004.........................  Wastewater treatment sludge from the
                                production of zinc yellow pigments.
K005.........................  Wastewater treatment sludge from the
                                production of chrome green pigments.
K006.........................  Wastewater treatment sludge from the
                                production of chrome oxide green
                                pigments (anhydrous and hydrated).
K007.........................  Wastewater treatment sludge from the
                                production of iron blue pigments.
K008.........................  Oven residue from the production of
                                chrome oxide green pigments.
K061.........................  Emission control dust/sludge from the
                                primary production of steel in electric
                                furnaces.
K069.........................  Emission control dust/sludge from
                                secondary lead smelting.
K071.........................  Brine purification muds from the mercury
                                cell processes in chlorine production,
                                where separately prepurified brine is
                                not used.
K100.........................  Waste leaching solution from acid
                                leaching of emission control dust/sludge
                                from secondary lead smelting.
K106.........................  Sludges from the mercury cell processes
                                for making chlorine.
P010.........................  Arsenic acid H3 AsO4
P011.........................  Arsenic oxide As2 O5
P012.........................  Arsenic trioxide
P013.........................  Barium cyanide
P015.........................  Beryllium
P029.........................  Copper cyanide Cu(CN)
P074.........................  Nickel cyanide Ni(CN)2
P087.........................  Osmium tetroxide
P099.........................  Potassium silver cyanide
P104.........................  Silver cyanide
P113.........................  Thallic oxide
P114.........................  Thallium (l) selenite
P115.........................  Thallium (l) sulfate
P119.........................  Ammonium vanadate
P120.........................  Vanadium oxide V2 O5
P121.........................  Zinc cyanide.
U032.........................  Calcium chromate.
U145.........................  Lead phosphate.
U151.........................  Mercury.
U204.........................  Selenious acid.
U205.........................  Selenium disulfide.
U216.........................  Thallium (I) chloride.
U217.........................  Thallium (I) nitrate.
------------------------------------------------------------------------
\1\ A combustion unit is defined as any thermal technology subject to 40
  CFR part 264, subpart O; Part 265, subpart O; and/or 266, subpart H.

[61 FR 15658, Apr. 8, 1996]



PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM--Table of Contents




                     Subpart A--General Information

Sec.
270.1  Purpose and scope of these regulations.
270.2  Definitions.
270.3  Considerations under Federal law.
270.4  Effect of a permit.
270.5  Noncompliance and program reporting by the Director.
270.6  References.

                      Subpart B--Permit Application

270.10  General application requirements.
270.11  Signatories to permit applications and reports.
270.12  Confidentiality of information.
270.13  Contents of part A of the permit application.
270.14  Contents of part B: General requirements.
270.15  Specific part B information requirements for containers.

[[Page 305]]

270.16  Specific part B information requirements for tank systems.
270.17  Specific part B information requirements for surface 
          impoundments.
270.18  Specific part B information requirements for waste piles.
270.19  Specific part B information requirements for incinerators.
270.20  Specific part B information requirements for land treatment 
          facilities.
270.21  Specific part B information requirements for landfills.
270.22  Specific part B information requirements for boilers and 
          industrial furnaces burning hazardous waste.
270.23  Specific part B information requirements for miscellaneous 
          units.
270.24  Specific part B information requirements for process vents.
270.25  Specific part B information requirements for equipment.
270.26  Special part B information requirements for drip pads.
270.27  Specific part B information requirements for air emission 
          controls for tanks, surface impoundments, and containers.
270.28  Part B information requirements for post-closure permits.
270.29  Permit denial.

                      Subpart C--Permit Conditions

270.30  Conditions applicable to all permits.
270.31  Requirements for recording and reporting of monitoring results.
270.32  Establishing permit conditions.
270.33  Schedules of compliance.

                      Subpart D--Changes to Permits

270.40  Transfer of permits.
270.41  Modification or revocation and reissuance of permits.
270.42  Permit modification at the request of the permittee.
270.43  Termination of permits.

            Subpart E--Expiration and Continuation of Permits

270.50  Duration of permits.
270.51  Continuation of expiring permits.

                   Subpart F--Special Forms of Permits

270.60  Permits by rule.
270.61  Emergency permits.
270.62  Hazardous waste incinerator permits.
270.63  Permits for land treatment demonstrations using field test or 
          laboratory analyses.
270.64  Interim permits for UIC wells.
270.65  Research, development, and demonstration permits.
270.66  Permits for boilers and industrial furnaces burning hazardous 
          waste.
270.68  Remedial Action Plans (RAPs).

                        Subpart G--Interim Status

270.70  Qualifying for interim status.
270.71  Operation during interim status.
270.72  Changes during interim status.
270.73  Termination of interim status.



                 Subpart H--Remedial Action Plans (RAPs)

270.79  Why is this subpart written in a special format?

                           General Information

270.80  What is a RAP?
270.85  When do I need a RAP?
270.90  Does my RAP grant me any rights or relieve me of any 
          obligations?

                           Applying for a RAP

270.95  How do I apply for a RAP?
270.100  Who must obtain a RAP?
270.105  Who must sign the application and any required reports for a 
          RAP?
270.110  What must I include in my application for a RAP?
270.115  What if I want to keep this information confidential?
270.120  To whom must I submit my RAP application?
270.125  If I submit my RAP application as part of another document, 
          what must I do?

                         Getting a RAP Approved

270.130  What is the process for approving or denying my application for 
          a RAP?
270.135  What must the Director include in a draft RAP?
270.140  What else must the Director prepare in addition to the draft 
          RAP or notice of intent to deny?
0270.145  What are the procedures for public comment on the draft RAP or 
          notice of intent to deny?
270.150  How will the Director make a final decision on my RAP 
          application?
270.155  May the decision to approve or deny my RAP application be 
          administratively appealed?
270.160  When does my RAP become effective?
270.165  When may I begin physical construction of new units permitted 
          under the RAP?

    How May My RAP Be Modified, Revoked and Reissued, or Terminated?

270.170  After my RAP is issued, how may it be modified, revoked and 
          reissued, or terminated?

[[Page 306]]

270.175  For what reasons may the Director choose to modify my final 
          RAP?
270.180  For what reasons may the Director choose to revoke and reissue 
          my final RAP?
270.185  For what reasons may the Director choose to terminate my final 
          RAP, or deny my renewal application?
270.190  May the decision to approve or deny a modification, revocation 
          and reissuance, or termination of my RAP be administratively 
          appealed?
270.195  When will my RAP expire?
270.200  How may I renew my RAP if it is expiring?
270.205  What happens if I have applied correctly for a RAP renewal but 
          have not received approval by the time my old RAP expires?

                        Operating Under Your RAP

270.210  What records must I maintain concerning my RAP?
270.215  How are time periods in the requirements in this subpart and my 
          RAP computed?
270.220  How may I transfer my RAP to a new owner or operator?
270.225  What must the State or EPA Region report about noncompliance 
          with RAPs?

                Obtaining a RAP for an Off-Site Location

270.230  May I perform remediation waste management activities under a 
          RAP at a location removed from the area where the remediation 
          wastes originated?

    Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.

    Source: 48 FR 14228, Apr. 1, 1983, unless otherwise noted.



                     Subpart A--General Information



Sec. 270.1  Purpose and scope of these regulations.

    (a) Coverage. (1) These permit regulations establish provisions for 
the Hazardous Waste Permit Program under Subtitle C of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act 
of 1976, as amended (RCRA), (Pub. L. 94-580, as amended by Pub. L. 95-
609 and by Pub. L. 96-482; 42 U.S.C. 6091 et seq.). They apply to EPA 
and to approved States to the extent provided in part 271.
    (2) The regulations in this part cover basic EPA permitting 
requirements, such as application requirements, standard permit 
conditions, and monitoring and reporting requirements. These regulations 
are part of a regulatory scheme implementing RCRA set forth in different 
parts of the Code of Federal Regulations. The following chart indicates 
where the regulations implementing RCRA appear in the Code of Federal 
Regulations.

 
------------------------------------------------------------------------
                                                                 Final
       Section of RCRA                    Coverage            regulation
------------------------------------------------------------------------
SubtitleC....................  Overview and definitions.....  40 CFR
                                                              part 260
3001.........................  Indentification and listing    40 CFR
                                of hazardous waste.           part 261
3002.........................  Generators of hazardous waste  40 CFR
                                                              part 262
3003.........................  Transporters of hazardous      40 CFR
                                waste.                        part 263
3004.........................  Standards for HWM facilities.  40 CFR
                                                              parts 264,
                                                              265, 266,
                                                              and 267
3005.........................  Permit requirements for HWM    40 CFR
                                facilities.                   parts 270
                                                              and 124
3006.........................  Guidelines for State programs  40 CFR
                                                              part 271
3010.........................  Preliminary notification of    (public
                                HWM activity.                 notice) 45
                                                              FR 12746
                                                              February
                                                              26, 1980
------------------------------------------------------------------------

    (3) Technical regulations. The RCRA permit program has separate 
additional Regulations that contain technical requirements. These 
separate regulations are used by permit issuing authorities to determine 
what requirements must be placed in permits if they are issued. These 
separate regulations are located in 40 CFR parts 264, 266, and 267.
    (b) Overview of the RCRA Permit Program. Not later than 90 days 
after the promulgation or revision of regulations in 40 CFR part 261 
(identifying and listing hazardous wastes) generators and transporters 
of hazardous waste, and owners or operators of hazardous waste 
treatment, storage, or disposal facilities may be required to file a 
notification of that activity under section 3010. Six months after the 
initial promulgation of the part 261 regulations, treatment, storage, or 
disposal of hazardous waste by any person who has not applied for or 
received a RCRA permit is prohibited. A RCRA permit application consists 
of two parts, part A (see Sec. 270.13) and part B (see Sec. 270.14 and 
applicable sections in Secs. 270.15 through 270.29). For ``existing HWM 
facilities,'' the requirement to submit an application is satisfied by 
submitting only part A of the permit application until

[[Page 307]]

the date the Director sets for submitting part B of the application. 
(Part A consists of Forms 1 and 3 of the Consolidated Permit Application 
Forms.) Timely submission of both notification under section 3010 and 
part A qualifies owners and operators of existing HWM facilities (who 
are required to have a permit) for interim status under section 3005(e) 
of RCRA. Facility owners and operators with interim status are treated 
as having been issued a permit until EPA or a State with interim 
authorization for Phase II or final authorization under part 271 makes a 
final determination on the permit application. Facility owners and 
operators with interim status must comply with interim status standards 
set forth at 40 CFR part 265 and 266 or with the analagous provisions of 
a State program which has received interim or final authorization under 
part 271. Facility owners and operators with interim status are not 
relieved from complying with other State requirements. For existing HWM 
facilities, the Director shall set a date, giving at least six months 
notice, for submission of part B of the application. There is no form 
for part B of the application; rather, part B must be submitted in 
narrative form and contain the information set forth in the applicable 
sections of Secs. 270.14 through 270.29. Owners or operators of new HWM 
facilities must submit parts A and B of the permit application at least 
180 days before physical construction is expected to commence.
    (c) Scope of the RCRA permit requirement. RCRA requires a permit for 
the ``treatment,'' ``storage,'' and ``disposal'' of any ``hazardous 
waste'' as identified or listed in 40 CFR part 261. The terms 
``treatment,'' ``storage,'' ``disposal,'' and ``hazardous waste'' are 
defined in Sec. 270.2. Owners and operators of hazardous waste 
management units must have permits during the active life (including the 
closure period) of the unit. Owners and operators of surface 
impoundments, landfills, land treatment units, and waste pile units that 
received waste after July 26, 1982, or that certified closure (according 
to Sec. 265.115 of this chapter) after January 26, 1983, must have post-
closure permits, unless they demonstrate closure by removal or 
decontamination as provided under Sec. 270.1(c)(5) and (6), or obtain an 
enforceable document in lieu of a post-closure permit, as provided under 
paragraph (c)(7) of this section. If a post-closure permit is required, 
the permit must address applicable 40 CFR part 264 groundwater 
monitoring, unsaturated zone monitoring, corrective action, and post-
closure care requirements of this chapter. The denial of a permit for 
the active life of a hazardous waste management facility or unit does 
not affect the requirement to obtain a post-closure permit under this 
section.
    (1) Specific inclusions. Owners and operators of certain facilities 
require RCRA permits as well as permits under other programs for certain 
aspects of the facility operation. RCRA permits are required for:
    (i) Injection wells that dispose of hazardous waste, and associated 
surface facilities that treat, store or dispose of hazardous waste, (See 
Sec. 270.64). However, the owner and operator with a UIC permit in a 
State with an approved or promulgated UIC program, will be deemed to 
have a RCRA permit for the injection well itself if they comply with the 
requirements of Sec. 270.60(b) (permit-by-rule for injection wells).
    (ii) Treatment, storage, or disposal of hazardous waste at 
facilities requiring an NPDES permit. However, the owner and operator of 
a publicly owned treatment works receiving hazardous waste will be 
deemed to have a RCRA permit for that waste if they comply with the 
requirements of Sec. 270.60(c) (permit-by-rule for POTWs).
    (iii) Barges or vessels that dispose of hazardous waste by ocean 
disposal and onshore hazardous waste treatment or storage facilities 
associated with an ocean disposal operation. However, the owner and 
operator will be deemed to have a RCRA permit for ocean disposal from 
the barge or vessel itself it they comply with the requirements of 
Sec. 270.60(a) (permit-by-rule for ocean disposal barges and vessels).
    (2) Specific exclusions. The following persons are among those who 
are not required to obtain a RCRA permit:
    (i) Generators who accumulate hazardous waste on-site for less than 
the time periods provided in 40 CFR 262.34.

[[Page 308]]

    (ii) Farmers who dispose of hazardous waste pesticides from their 
own use as provided in Sec. 262.70 of this chapter;
    (iii) Persons who own or operate facilities solely for the 
treatment, storage or disposal of hazardous waste excluded from 
regulations under this part by 40 CFR 261.4 or 261.5 (small generator 
exemption).
    (iv) Owners or operators of totally enclosed treatment facilities as 
defined in 40 CFR 260.10.
    (v) Owners and operators of elementary neutralization units or 
wastewater treatment units as defined in 40 CFR 260.10.
    (vi) Transporters storing manifested shipments of hazardous waste in 
containers meeting the requirements of 40 CFR 262.30 at a transfer 
facility for a period of ten days or less.
    (vii) Persons adding absorbent material to waste in a container (as 
defined in Sec. 260.10 of this chapter) and persons adding waste to 
absorbent material in a container, provided that these actions occur at 
the time waste is first placed in the container; and Secs. 264.17(b), 
264.171, and 264.172 of this chapter are complied with.
    (viii) Universal waste handlers and universal waste transporters (as 
defined in 40 CFR 260.10) managing the wastes listed below. These 
handlers are subject to regulation under 40 part CFR 273.
    (A) Batteries as described in 40 CFR 273.2;
    (B) Pesticides as described in 40 CFR 273.3; and
    (C) Thermostats as described in 40 CFR 273.4.
    (3) Further exclusions. (i) A person is not required to obtain an 
RCRA permit for treatment or containment activities taken during 
immediate response to any of the following situations:
    (A) A discharge of a hazardous waste;
    (B) An imminent and substantial threat of a discharge of hazardous 
waste;
    (C) A discharge of a material which, when discharged, becomes a 
hazardous waste.
    (D) An immediate threat to human health, public safety, property, or 
the environment from the known or suspected presence of military 
munitions, other explosive material, or an explosive device, as 
determined by an explosive or munitions emergency response specialist as 
defined in 40 CFR 260.10.
    (ii) Any person who continues or initiates hazardous waste treatment 
or containment activities after the immediate response is over is 
subject to all applicable requirements of this part for those 
activities.
    (iii) In the case of emergency responses involving military 
munitions, the responding military emergency response specialist's 
organizational unit must retain records for three years identifying the 
dates of the response, the responsible persons responding, the type and 
description of material addressed, and its disposition.
    (4) Permits for less than an entire facility. EPA may issue or deny 
a permit for one or more units at a facility without simultaneously 
issuing or denying a permit to all of the units at the facility. The 
interim status of any unit for which a permit has not been issued or 
denied is not affected by the issuance or denial of a permit to any 
other unit at the facility.
    (5) Closure by removal. Owners/operators of surface impoundments, 
land treatment units, and waste piles closing by removal or 
decontamination under part 265 standards must obtain a post-closure 
permit unless they can demonstrate to the Regional Administrator that 
the closure met the standards for closure by removal or decontamination 
in Sec. 264.228, Sec. 264.280(e), or Sec. 264.258, respectively. The 
demonstration may be made in the following ways:
    (i) If the owner/operator has submitted a part B application for a 
post-closure permit, the owner/operator may request a determination, 
based on information contained in the application, that section 264 
closure by removal standards were met. If the Regional Administrator 
believes that Sec. 264 standards were met, he/she will notify the public 
of this proposed decision, allow for public comment, and reach a final 
determination according to the procedures in paragraph (c)(6) of this 
section.
    (ii) If the owner/operator has not submitted a part B application 
for a post-closure permit, the owner/operator

[[Page 309]]

may petition the Regional Administrator for a determination that a post-
closure permit is not required because the closure met the applicable 
part 264 closure standards.
    (A) The petition must include data demonstrating that closure by 
removal or decontamination standards were met, or it must demonstrate 
that the unit closed under State requirements that met or exceeded the 
applicable 264 closure-by-removal standard.
    (B) The Regional Administrator shall approve or deny the petition 
according to the procedures outlined in paragraph (c)(6) of this 
section.
    (6) Procedures for closure equivalency determination. (i) If a 
facility owner/operator seeks an equivalency demonstration under 
Sec. 270.1(c)(5), the Regional Administrator will provide the public, 
through a newspaper notice, the opportunity to submit written comments 
on the information submitted by the owner/operator within 30 days from 
the date of the notice. The Regional Administrator will also, in 
response to a request or at his/her own discretion, hold a public 
hearing whenever such a hearing might clarify one or more issues 
concerning the equivalence of the part 265 closure to a part 264 
closure. The Regional Administrator will give public notice of the 
hearing at least 30 days before it occurs. (Public notice of the hearing 
may be given at the same time as notice of the opportunity for the 
public to submit written comments, and the two notices may be combined.)
    (ii) The Regional Administrator will determine whether the part 265 
closure met 264 closure by removal or decontamination requirements 
within 90 days of its receipt. If the Regional Administrator finds that 
the closure did not meet the applicable part 264 standards, he/she will 
provide the owner/operator with a written statement of the reasons why 
the closure failed to meet part 264 standards. The owner/operator may 
submit additional information in support of an equivalency demonstration 
within 30 days after receiving such written statement. The Regional 
Administrator will review any additional information submitted and make 
a final determination within 60 days.
    (iii) If the Regional Administrator determines that the facility did 
not close in accordance with part 264 closure by removal standards, the 
facility is subject to post-closure permitting requirements.
    (7) Enforceable documents for post-closure care. At the discretion 
of the Regional Administrator, an owner or operator may obtain, in lieu 
of a post-closure permit, an enforceable document imposing the 
requirements of 40 CFR 265.121. ``Enforceable document'' means an order, 
a plan, or other document issued by EPA or by an authorized State under 
an authority that meets the requirements of 40 CFR 271.16(e) including, 
but not limited to, a corrective action order issued by EPA under 
section 3008(h), a CERCLA remedial action, or a closure or post-closure 
plan.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983; 51 
FR 10176, Mar. 24, 1986; 52 FR 45798, Dec. 1, 1987; 53 FR 27165, July 
19, 1988; 54 FR 9607, Mar. 7, 1989; 56 FR 32692, July 17, 1991; 60 FR 
25542, May 11, 1995; 62 FR 6656, Feb. 12, 1996; 63 FR 56735, Oct. 22, 
1998]



Sec. 270.2  Definitions.

    The following definitions apply to parts 270, 271 and 124. Terms not 
defined in this section have the meaning given by RCRA.
    Administrator means the Administrator of the United States 
Environmental Protection Agency, or an authorized representative.
    Application means the EPA standard national forms for applying for a 
permit, including any additions, revisions or modifications to the 
forms; or forms approved by EPA for use in approved States, including 
any approved modifications or revisions. Application also includes the 
information required by the Director under Secs. 270.14 through 270.29 
(contents of part B of the RCRA application).
    Approved program or approved State means a State which has been 
approved or authorized by EPA under part 271.
    Aquifer means a geological formation, group of formations, or part 
of a formation that is capable of yielding a significant amount of water 
to a well or spring.
    Closure means the act of securing a Hazardous Waste Management 
facility

[[Page 310]]

pursuant to the requirements of 40 CFR part 264.
    Component means any constituent part of a unit or any group of 
constituent parts of a unit which are assembled to perform a specific 
function (e.g., a pump seal, pump, kiln liner, kiln thermocouple).
    Corrective Action Management Unit or CAMU means an area within a 
facility that is designated by the Regional Administrator under part 264 
subpart S, for the purpose of implementing corrective action 
requirements under Sec. 264.101 and RCRA section 3008(h). A CAMU shall 
only be used for the management of remediation wastes pursuant to 
implementing such corrective action requirements at the facility.
    CWA means the Clean Water Act (formerly referred to as the Federal 
Water Pollution Control Act or Federal Water Pollution Control Act 
amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 92-217 and 
Pub. L. 95-576; 33 U.S.C. 1251 et seq.
    Director means the Regional Administrator or the State Director, as 
the context requires, or an authorized representative. When there is no 
approved State program, and there is an EPA administered program, 
Director means the Regional Administrator. When there is an approved 
State program, Director normally means the State Director. In some 
circumstances, however, EPA retains the authority to take certain 
actions even when there is an approved State program. In such cases, the 
term Director means the Regional Administrator and not the State 
Director.
    Disposal means the discharge, deposit, injection, dumping, spilling, 
leaking, or placing of any hazardous waste into or on any land or water 
so that such hazardous waste or any constituent thereof may enter the 
environment or be emitted into the air or discharged into any waters, 
including ground water.
    Disposal facility means a facility or part of a facility at which 
hazardous waste is intentionally placed into or on the land or water, 
and at which hazardous waste will remain after closure. The term 
disposal facility does not include a corrective action management unit 
into which remediation wastes are placed.
    Draft permit means a document prepared under Sec. 124.6 indicating 
the Director's tentative decision to issue or deny, modify, revoke and 
reissue, terminate, or reissue a permit. A notice of intent to terminate 
a permit, and a notice of intent to deny a permit, as discussed in 
Sec. 124.5, are types of draft permits. A denial of a request for 
modification, revocation and reissuance, or termination, as discussed in 
Sec. 124.5 is not a ``draft permit.'' A proposed permit is not a draft 
permit.
    Elementary neutralization unit means a device which:
    (a) Is used for neutralizing wastes only because they exhibit the 
corrosivity characteristic defined in Sec. 261.22 of this chapter, or 
are listed in subpart D of part 261 of this chapter only for this 
reason; and
    (b) Meets the definition of tank, tank system, container, transport 
vehicle, or vessel in Sec. 260.10 of this chapter.
    Emergency permit means a RCRA permit issued in accordance with 
Sec. 270.61.
    Environmental Protection Agency (EPA) means the United States 
Environmental Protection Agency.
    EPA means the United States Environmental Protection Agency.
    Existing hazardous waste management (HWM) facility or existing 
facility means a facility which was in operation or for which 
construction commenced on or before November 19, 1980. A facility has 
commenced construction if:
    (a) The owner or operator has obtained the Federal, State and local 
approvals or permits necessary to begin physical construction; and 
either
    (b)(1) A continuous on-site, physical construction program has 
begun; or
    (2) The owner or operator has entered into contractual obligations 
which cannot be cancelled or modified without substantial loss--for 
physical construction of the facility to be completed within a 
reasonable time.
    Facility mailing list means the mailing list for a facility 
maintained by EPA in accordance with 40 CFR 124.10(c)(1)(ix).
    Facility or activity means any HWM facility or any other facility or 
activity (including land or appurtenances thereto) that is subject to 
regulation under the RCRA program.

[[Page 311]]

    Federal, State and local approvals or permits necessary to begin 
physical construction means permits and approvals required under 
Federal, State or local hazardous waste control statutes, regulations or 
ordinances.
    Final authorization means approval by EPA of a State program which 
has met the requirements of section 3006(b) of RCRA and the applicable 
requirements of part 271, subpart A.
    Functionally equivalent component means a component which performs 
the same function or measurement and which meets or exceeds the 
performance specifications of another component.
    Generator means any person, by site location, whose act, or process 
produces ``hazardous waste'' identified or listed in 40 CFR part 261.
    Ground water means water below the land surface in a zone of 
saturation.
    Hazardous waste means a hazardous waste as defined in 40 CFR 261.3.
    Hazardous Waste Management facility (HWM facility) means all 
contiguous land, and structures, other appurtenances, and improvements 
on the land, used for treating, storing, or disposing of hazardous 
waste. A facility may consist of several treatment, storage, or disposal 
operational units (for example, one or more landfills, surface 
impoundments, or combinations of them).
    HWM facility means Hazardous Waste Management facility.
    Injection well means a well into which fluids are being injected.
    In operation means a facility which is treating, storing, or 
disposing of hazardous waste.
    Interim authorization means approval by EPA of a State hazardous 
waste program which has met the requirements of section 3006(g)(2) of 
RCRA and applicable requirements of part 271, subpart B.
    Major facility means any facility or activity classified as such by 
the Regional Administrator, or, in the case of approved State programs, 
the Regional Administrator in conjunction with the State Director.
    Manifest means the shipping document originated and signed by the 
generator which contains the information required by subpart B of 40 CFR 
part 262.
    National Pollutant Discharge Elimination System means the national 
program for issuing, modifying, revoking and reissuing, terminating, 
monitoring and enforcing permits, and imposing and enforcing 
pretreatment requirements, under sections 307, 402, 318, and 405 of the 
CWA. The term includes an approved program.
    NPDES means National Pollutant Discharge Elimination System.
    New HWM facility means a Hazardous Waste Management facility which 
began operation or for which construction commenced after November 19, 
1980.
    Off-site means any site which is not on-site.
    On-site means on the same or geographically continguous property 
which may be divided by public or private right(s)-of-way, provided the 
entrance and exit between the properties is at a cross-roads 
intersection, and access is by crossing as opposed to going along, the 
right(s)-of-way. Non-contiguous properties owned by the same person but 
connected by a right-of-way which the person controls and to which the 
public does not have access, is also considered on-site property.
    Owner or operator means the owner or operator of any facility or 
activity subject to regulation under RCRA.
    Permit means an authorization, license, or equivalent control 
document issued by EPA or an approved State to implement the 
requirements of this part and parts 271 and 124. Permit includes permit 
by rule (Sec. 270.60), and emergency permit (Sec. 270.61). Permit does 
not include RCRA interim status (subpart G of this part), or any permit 
which has not yet been the subject of final agency action, such as a 
draft permit or a proposed permit.
    Permit-by-rule means a provision of these regulations stating that a 
facility or activity is deemed to have a RCRA permit if it meets the 
requirements of the provision.
    Person means an individual, association, partnership, corporation, 
municipality, State or Federal agency, or an agent or employee thereof.
    Physical construction means excavation, movement of earth, erection 
of

[[Page 312]]

forms or structures, or similar activity to prepare an HWM facility to 
accept hazardous waste.
    POTW means publicly owned treatment works.
    Publicly owned treatment works (POTW) means any device or system 
unsed in the treatment (including recycling and reclamation) of 
municipal sewage or industrial wastes of a liquid nature which is owned 
by a State or municipality. This definition includes sewers, pipes, or 
other conveyances only if they convey wastewater to a POTW providing 
treatment.
    RCRA means the Solid Waste Disposal Act as amended by the Resource 
Conservation and Recovery Act of 1976 (Pub. L. 94-580, as amended by 
Pub. L. 95-609 and Pub. L. 96-482, 42 U.S.C. 6901 et seq.)
    Regional Administrator means the Regional Administrator of the 
appropriate Regional Office of the Environmental Protection Agency or 
the authorized representative of the Regional Administrator.
    Remedial Action Plan (RAP) means a special form of RCRA permit that 
a facility owner or operator may obtain instead of a permit issued under 
Secs. 270.3 through 270.66, to authorize the treatment, storage or 
disposal of hazardous remediation waste (as defined in Sec. 260.10 of 
this chapter) at a remediation waste management site.
    Schedule of compliance means a schedule of remedial measures 
included in a permit, including an enforceable sequence of interim 
requirements (for example, actions, operations, or milestone events) 
leading to compliance with the Act and regulations.
    SDWA means the Safe Drinking Water Act (Pub. L. 95-523, as amended 
by Pub. L. 95-1900; 42 U.S.C. 3001 et seq.).
    Site means the land or water area where any facility or activity is 
physically located or conducted, including adjacent land used in 
connection with the facility or activity.
    State means any of the 50 States, the District of Columbia, Guam, 
the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and 
the Commonwealth of the Northern Mariana Islands.
    State Director means the chief administrative officer of any State 
agency operating an approved program, or the delegated representative of 
the State Director. If responsibility is divided among two or more State 
agencies, State Director means the chief administrative officer of the 
State agency authorized to perform the particular procedure or function 
to which reference is made.
    State/EPA Agreement means an agreement between the Regional 
Administrator and the State which coordinates EPA and State activities, 
responsibilities and programs.
    Storage means the holding of hazardous waste for a temporary period, 
at the end of which the hazardous waste is treated, disposed, or stored 
elsewhere.
    Transfer facility means any transportation-related facility 
including loading docks, parking areas, storage areas and other similar 
areas where shipments of hazardous waste are held during the normal 
course of transportation.
    Transporter means a person engaged in the off-site transportation of 
hazardous waste by air, rail, highway or water.
    Treatment means any method, technique, or process, including 
neutralization, designed to change the physical, chemical, or biological 
character or composition of any hazardous waste so as to neutralize such 
wastes, or so as to recover energy or material resources from the waste, 
or so as to render such waste non-hazardous, or less hazardous; safer to 
transport, store, or dispose of; or amenable for recovery, amenable for 
storage, or reduced in volume.
    UIC means the Underground Injection Control Program under part C of 
the Safe Drinking Water Act, including an approved program.
    Underground injection means a well injection.
    Underground source of drinking water (USDW) means an aquifer or its 
portion:
    (a)(1) Which supplies any public water system; or
    (2) Which contains a sufficient quantity of ground water to supply a 
public water system; and
    (i) Currently supplies drinking water for human consumption; or

[[Page 313]]

    (ii) Contains fewer than 10,000 mg/l total dissolved solids; and
    (b) Which is not an exempted aquifer.
    USDW means underground source of drinking water.
    Wastewater treatment unit means a device which:
    (a) Is part of a wastewater treatment facility which is subject to 
regulation under either section 402 or 307(b) of the Clean Water Act; 
and
    (b) Receives and treats or stores an influent wastewater which is a 
hazardous waste as defined in Sec. 261.3 of this chapter, or generates 
and accumulates a wastewater treatment sludge which is a hazardous waste 
as defined in Sec. 261.3 of this chapter, or treats or stores a 
wastewater treatment sludge which is a hazardous waste as defined in 
Sec. 261.3 of this chapter; and
    (c) Meets the definition of tank or tank system in Sec. 260.10 of 
this chapter.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983; 53 
FR 34087, Sept. 2, 1988; 53 FR 37935, Sept. 28, 1988; 58 FR 8685, Feb. 
16, 1993; 60 FR 33914, June 29, 1995; 60 FR 63433, Dec. 11, 1995; 63 FR 
65941, Nov. 30, 1998]



Sec. 270.3  Considerations under Federal law.

    The following is a list of Federal laws that may apply to the 
issuance of permits under these rules. When any of these laws is 
applicable, its procedures must be followed. When the applicable law 
requires consideration or adoption of particular permit conditions or 
requires the denial of a permit, those requirements also must be 
followed.
    (a) The Wild and Scenic Rivers Act. 16 U.S.C. 1273 et seq. Section 7 
of the Act prohibits the Regional Administrator from assisting by 
license or otherwise the construction of any water resources project 
that would have a direct, adverse effect on the values for which a 
national wild and scenic river was established.
    (b) The National Historic Preservation Act of 1966. 16 U.S.C. 470 et 
seq. Section 106 of the Act and implementing regulations (36 CFR part 
800) require the Regional Administrator, before issuing a license, to 
adopt measures when feasible to mitigate potential adverse effects of 
the licensed activity and properties listed or eligible for listing in 
the National Register of Historic Places. The Act's requirements are to 
be implemented in cooperation with State Historic Preservation Officers 
and upon notice to, and when appropriate, in consultation with the 
Advisory Council on Historic Preservation.
    (c) The Endangered Species Act. 16 U.S.C. 1531 et seq. Section 7 of 
the Act and implementing regulations (50 CFR part 402) require the 
Regional Administrator to ensure, in consultation with the Secretary of 
the Interior or Commerce, that any action authorized by EPA is not 
likely to jeopardize the continued existence of any endangered or 
threatened species or adversely affect its critical habitat.
    (d) The Coastal Zone Management Act. 16 U.S.C. 1451 et seq. Section 
307(c) of the Act and implementing regulations (15 CFR part 930) 
prohibit EPA from issuing a permit for an activity affecting land or 
water use in the coastal zone until the applicant certifies that the 
proposed activity complies with the State Coastal Zone Management 
program, and the State or its designated agency concurs with the 
certification (or the Secretary of Commerce overrides the State's 
nonconcurrence).
    (e) The Fish and Wildlife Coordination Act. 16 U.S.C. 661 et seq. 
requires that the Regional Administrator, before issuing a permit 
proposing or authorizing the impoundment (with certain exemptions), 
diversion, or other control or modification of any body of water, 
consult with the appropriate State agency exercising jurisdiction over 
wildlife resources to conserve those resources.
    (f) Executive orders. [Reserved]

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))

[48 FR 14228, Apr 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983]



Sec. 270.4  Effect of a permit.

    (a) Compliance with a RCRA permit during its term constitutes 
compliance, for purposes of enforcement, with subtitle C of RCRA except 
for those requirements not included in the permit which:
    (1) Become effective by statute;

[[Page 314]]

    (2) Are promulgated under part 268 of this chapter restricting the 
placement of hazardous wastes in or on the land;
    (3) Are promulgated under part 264 of this chapter regarding leak 
detection systems for new and replacement surface impoundment, waste 
pile, and landfill units, and lateral expansions of surface impoundment, 
waste pile, and landfill units. The leak detection system requirements 
include double liners, CQA programs, monitoring, action leakage rates, 
and response action plans, and will be implemented through the 
procedures of Sec. 270.42 Class 1 permit modifications; or
    (4) Are promulgated under subparts AA, BB, or CC of part 265 of this 
chapter limiting air emissions.
    (b) The issuance of a permit does not convey any property rights of 
any sort, or any exclusive privilege.
    (c) The issuance of a permit does not authorize any injury to 
persons or property or invasion of other private rights, or any 
infringement of State or local law or regulations.

[48 FR 14228, Apr. 1, 1983, as amended at 57 FR 3495, Jan. 29, 1992; 59 
FR 62952, Dec. 6, 1994]



Sec. 270.5  Noncompliance and program reporting by the Director.

    The Director shall prepare quarterly and annual reports as detailed 
below. When the State is the permit-issuing authority, the State 
Director shall submit any reports required under this section to the 
Regional Administrator. When EPA is the permit-issuing authority, the 
Regional Administrator shall submit any report required under this 
section to EPA Headquarters. For purposes of this section only, RCRA 
permittees shall include RCRA interim status facilities, when 
appropriate.
    (a) Quarterly reports. The Director shall submit quarterly narrative 
reports for major facilities as follows:
    (1) Format. The report shall use the following format:
    (i) Information on noncompliance for each facility;
    (ii) Alphabetize by permittee name. When two or more permittees have 
the same name, the lowest permit number shall be entered first; and
    (iii) For each entry on the list, include the following information 
in the following order:
    (A) Name, location, and permit number of the noncomplying permittee.
    (B) A brief description and date of each instance of noncompliance 
for that permittee. Instances of noncompliance may include one or more 
of the kinds set forth in paragraph (a)(2) of this section. When a 
permittee has noncompliance of more than one kind, combine the 
information into a single entry for each such permittee.
    (C) The date(s) and a brief description of the action(s) taken by 
the Director to ensure compliance.
    (D) Status of the instance(s) of noncompliance with the date of the 
review of the status or the date of resolution.
    (E) Any details which tend to explain or mitigate the instance(s) of 
noncompliance.
    (2) Instances of noncompliance to be reported. Any instances of 
noncompliance within the following categories shall be reported in 
successive reports until the noncompliance is reported as resolved. Once 
noncompliance is reported as resolved it need not appear in subsequent 
reports.
    (i) Failure to complete construction elements. When the permittee 
has failed to complete, by the date specified in the permit, an element 
of a compliance schedule involving either planning for construction (for 
example, award of a contract, preliminary plans), or a construction step 
(for example, begin construction, attain operation level); and the 
permittee has not returned to compliance by accomplishing the required 
element of the schedule within 30 days from the date a compliance 
schedule report is due under the permit.
    (ii) Modifications to schedules of compliance. When a schedule of 
compliance in the permit has been modified under Sec. 270.41 or 
Sec. 270.42 because of the permittee's noncompliance.
    (iii) Failure to complete or provide compliance schedule or 
monitoring reports. When the permittee has failed to complete or provide 
a report required in a permit compliance schedule (for example, progress 
report or notice of noncompliance or compliance) or a monitoring report; 
and the permittee has not submitted the complete report

[[Page 315]]

within 30 days from the date it is due under the permit for compliance 
schedules, or from the date specified in the permit for monitoring 
reports.
    (iv) Deficient reports. When the required reports provided by the 
permittee are so deficient as to cause misunderstanding by the Director 
and thus impede the review of the status of compliance.
    (v) Noncompliance with other permit requirements. Noncompliance 
shall be reported in the following circumstances:
    (A) Whenever the permittee has violated a permit requirement (other 
than reported under paragraph (a)(2)(i) or (ii) of this section), and 
has not returned to compliance within 45 days from the date reporting of 
noncompliance was due under the permit; or
    (B) When the Director determines that a pattern of noncompliance 
exists for a major facility permittee over the most recent four 
consecutive reporting periods. This pattern includes any violation of 
the same requirement in two consecutive reporting periods, and any 
violation of one or more requirements in each of four consecutive 
reporting periods; or
    (C) When the Director determines significant permit non-compliance 
or other significant event has occurred such as a fire or explosion or 
migration of fluids into a USDW.
    (vi) All other. Statistical information shall be reported quarterly 
on all other instances of noncompliance by major facilities with permit 
requirements not otherwise reported under paragraph (a) of this section.
    (b) Annual reports--(1) Annual noncompliance report. Statistical 
reports shall be submitted by the Director on nonmajor RCRA permittees 
indicating the total number reviewed, the number of noncomplying 
nonmajor permittees, the number of enforcement actions, and number of 
permit modifications extending compliance deadlines. The statistical 
information shall be organized to follow the types of noncompliance 
listed in paragraph (a) of this section.
    (2) In addition to the annual noncompliance report, the Director 
shall prepare a ``program report'' which contains information (in a 
manner and form prescribed by the Administrator) on generators and 
transporters and the permit status of regulated facilities. The Director 
shall also include, on a biennial basis, summary information on the 
quantities and types of hazardous wastes generated, transported, 
treated, stored and disposed during the preceding odd-numbered year. 
This summary information shall be reported in a manner and form 
prescribed by the Administrator and shall be reported according to EPA 
characteristics and lists of hazardous wastes at 40 CFR part 261.
    (c) Schedule. (1) For all quarterly reports. On the last working day 
of May, August, November, and February, the State Director shall submit 
to the Regional Administrator information concerning noncompliance with 
RCRA permit requirements by major facilities in the State in accordance 
with the following schedule. The Regional Administrator shall prepare 
and submit information for EPA-issued permits to EPA Headquarters in 
accordance with the same schedule.

    Quarters Covered by Reports on Noncompliance by Major Dischargers
                    [Date for completion of reports]
January, February, and March..............  \1\ May 31
April, May, and June......................  \1\ August 31
July, August, and September...............  \1\ November 30
October, November, and December...........  \1\ February 28
 
\1\ Reports must be made available to the public for inspection and
  copying on this date.


[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983]



Sec. 270.6  References.

    (a) When used in part 270 of this chapter, the following 
publications are incorporated by reference: (See 40 CFR 260.11 
References)
    (b) The references listed in paragraph (a) of this section are also 
available for inspection at the Office of the Federal Register, 1100 L 
Street, NW., Washington, DC 20408. These incorporations by reference 
were approved by the Director of the Federal Register. These materials 
are incorporated as they exist on the date of approval and a notice of 
any change in these materials

[[Page 316]]

will be published in the Federal Register.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983; 52 
FR 8073, Mar. 16, 1987; 58 FR 46051, Aug. 31, 1993]



                      Subpart B--Permit Application



Sec. 270.10  General application requirements.

    (a) Permit application. Any person who is required to have a permit 
(including new applicants and permittees with expiring permits) shall 
complete, sign, and submit an application to the Director as described 
in this section and Secs. 270.70 through 270.73. Persons currently 
authorized with interim status shall apply for permits when required by 
the Director. Persons covered by RCRA permits by rule (Sec. 270.60), 
need not apply. Procedures for applications, issuance and administration 
of emergency permits are found exclusively in Sec. 270.61. Procedures 
for application, issuance and administration of research, development, 
and demonstration permits are found exclusively in Sec. 270.65.
    (b) Who applies? When a facility or activity is owned by one person 
but is operated by another person, it is the operator's duty to obtain a 
permit, except that the owner must also sign the permit application.
    (c) Completeness. The Director shall not issue a permit before 
receiving a complete application for a permit except for permits by 
rule, or emergency permits. An application for a permit is complete when 
the Director receives an application form and any supplemental 
information which are completed to his satisfaction. An application for 
a permit is complete notwithstanding the failure of the owner or 
operator to submit the exposure information described in paragraph (j) 
of this section. The Director may deny a permit for the active life of a 
hazardous waste management facility or unit before receiving a complete 
application for a permit.
    (d) Information requirements. All applicants for RCRA permits shall 
provide information set forth in Sec. 270.13 and applicable sections in 
Secs. 270.14 through 270.29 to the Director, using the application form 
provided by the Director.
    (e) Existing HWM facilities and interim status qualifications. (1) 
Owners and operators of existing hazardous waste management facilities 
or of hazardous waste management facilities in existence on the 
effective date of statutory or regulatory amendments under the act that 
render the facility subject to the requirement to have a RCRA permit 
must submit part A of their permit application no later than:
    (i) Six months after the date of publication of regulations which 
first require them to comply with the standards set forth in 40 CFR part 
265 or 266, or
    (ii) Thirty days after the date they first become subject to the 
standards set forth in 40 CFR part 265 or 266, whichever first occurs.
    (iii) For generators generating greater than 100 kilograms but less 
than 1000 kilograms of hazardous waste in a calendar month and treats, 
stores, or disposes of these wastes on-site, by March 24, 1987.
    Note: For facilities which must comply with part 265 because they 
handle a waste listed in EPA's May 19, 1980, part 261 regulations (45 FR 
33006 et seq.), the deadline for submitting an application is November 
19, 1980. Where other existing facilities must begin in complying with 
part 265 or 266 at a later date because of revisions to part 260, 261, 
265, or 266, the Administrator will specify in the preamble to those 
revisions when those facilities must submit a permit application.
    (2) The Administrator may by publication in the Federal Register 
extend the date by which owners and operators of specified classes of 
existing hazardous waste management facilities must submit part A of 
their permit application if he finds that (i) there has been substantial 
confusion as to whether the owners and operators of such facilities were 
required to file a permit application and (ii) such confusion is 
attributed to ambiguities in EPA's parts 260, 261, 265, or 266 
regulations.
    (3) The Administrator may by compliance order issued under section 
3008 of RCRA extend the date by which the owner and operator of an 
existing hazardous waste management facility must submit part A of their 
permit application.

[[Page 317]]

    (4) The owner or operator of an existing hazardous waste management 
facility may be required to submit part B of their permit application. 
The State Director may require submission of part B (or equivalent 
completion of the State RCRA application process) if the State in which 
the facility is located has received interim or final authorization; if 
not, the Regional Administrator may require submission of Part B. Any 
owner or operator shall be allowed at least six months from the date of 
request to submit part B of the application. Any owner or operator of an 
existing hazardous waste management facility may voluntarily submit part 
B of the application at any time. Notwithstanding the above, any owner 
or operator of an existing hazardous waste management facility must 
submit a part B permit application in accordance with the dates 
specified in Sec. 270.73. Any owner or operator of a land disposal 
facility in existence on the effective date of statutory or regulatory 
amendments under this Act that render the facility subject to the 
requirement to have a RCRA permit must submit a part B application in 
accordance with the dates specified in Sec. 270.73.
    (5) Failure to furnish a requested part B application on time, or to 
furnish in full the information required by the part B application, is 
grounds for termination of interim status under part 124.
    (f) New HWM facilities. (1) Except as provided in paragraph (f)(3) 
of this section, no person shall begin physical construction of a new 
HWM facility without having submitted parts A and B of the permit 
application and having received a finally effective RCRA permit.
    (2) An application for a permit for a new hazardous waste management 
facility (including both Parts A and B) may be filed any time after 
promulgation of those standards in part 264, subpart I et seq. 
applicable to such facility. The application shall be filed with the 
Regional Administrator if at the time of application the State in which 
the new hazardous waste management facility is proposed to be located 
has not received interim or final authorization for permitting such 
facility; otherwise it shall be filed with the State Director. Except as 
provided in paragraph (f)(3) of this section, all applications must be 
submitted at least 180 days before physical construction is expected to 
commence.
    (3) Notwithstanding paragraph (f)(1) of this section, a person may 
construct a facility for the incineration of polychlorinated biphenyls 
pursuant to an approval issued by the Administrator under section (6)(e) 
of the Toxic Substances Control Act and any person owning or operating 
such a facility may, at any time after construction or operation of such 
facility has begun, file an application for a RCRA permit to incinerate 
hazardous waste authorizing such facility to incinerate waste identified 
or listed under Subtitle C of RCRA.
    (g) Updating permit applications. (1) If any owner or operator of a 
hazardous waste management facility has filed Part A of a permit 
application and has not yet filed part B, the owner or operator shall 
file an amended part A application:
    (i) With the Regional Administrator if the facility is located in a 
State which has not obtained interim authorization or final 
authorization, within six months after the promulgation of revised 
regulations under part 261 listing or identifying additional hazardous 
wastes, if the facility is treating, storing or disposing of any of 
those newly listed or identified wastes.
    (ii) With the State Director, if the facility is located in a State 
which has obtained interim authorization or final authorization, no 
later than the effective date of regulatory provisions listing or 
designating wastes as hazardous in that State in addition to those 
listed or designated under the previously approved State program, if the 
facility is treating, storing or disposing of any of those newly listed 
or designated wastes; or
    (iii) As necessary to comply with provisions of Sec. 270.72 for 
changes during interim status or with the analogous provisions of a 
State program approved for final authorization or interim authorization. 
Revised Part A applications necessary to comply with the provisions of 
Sec. 270.72 shall be filed with the Regional Administrator if the State 
in

[[Page 318]]

which the facility in question is located does not have interim 
authorization or final authorization; otherwise it shall be filed with 
the State Director (if the State has an analogous provision).
    (2) The owner or operator of a facility who fails to comply with the 
updating requirements of paragraph (g)(1) of this section does not 
receive interim status as to the wastes not covered by duly filed part A 
applications.
    (h) Reapplications. Any HWM facility with an effective permit shall 
submit a new application at least 180 days before the expiration date of 
the effective permit, unless permission for a later date has been 
granted by the Director. (The Director shall not grant permission for 
applications to be submitted later than the expiration date of the 
existing permit.)
    (i) Recordkeeping. Applicants shall keep records of all data used to 
complete permit applications and any supplemental information submitted 
under Secs. 270.10(d), 270.13, 270.14 through 270.21 for a period of at 
least 3 years from the date the application is signed.
    (j) Exposure information. (1) After August 8, 1985, any part B 
permit application submitted by an owner or operator of a facility that 
stores, treats, or dispose of hazardous waste in a surface impoundment 
or a landfill must be accompanied by information, reasonably 
ascertainable by the owner or operator, on the potential for the public 
to be exposed to hazardous wastes or hazardous constituents through 
releases related to the unit. At a minimum, such information must 
address:
    (i) Reasonably foreseeable potential releases from both normal 
operations and accidents at the unit, including releases associated with 
transportation to or from the unit;
    (ii) The potential pathways of human exposure to hazardous wastes or 
constituents resulting from the releases described under paragraph 
(j)(1)(i) of this section; and
    (iii) The potential magnitude and nature of the human exposure 
resulting from such releases.
    (2) By August 8, 1985, owners and operators of a landfill or a 
surface impoundment who have already submitted a part B application must 
submit the exposure information required in paragraph (j)(1) of this 
section.
    (k) The Director may require a permittee or an applicant to submit 
information in order to establish permit conditions under 
Secs. 270.32(b)(2) and 270.50(d) of this chapter.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 
FR 28751, July 15, 1985; 51 FR 10176, Mar. 24, 1986; 52 FR 45799, Dec. 
1, 1987; 54 FR 9607, Mar. 7, 1989; 60 FR 33914, June 29, 1995]



Sec. 270.11  Signatories to permit applications and reports.

    (a) Applications. All permit applications shall be signed as 
follows:
    (1) For a corporation: By a responsible corporate officer. For the 
purpose of this section, a responsible corporate officer means (i) A 
president, secretary, treasurer, or vice-president of the corporation in 
charge of a principal business function, or any other person who 
performs similar policy- or decisionmaking functions for the 
corporation, or (ii) the manager of one or more manufacturing, 
production or operating facilities employing more than 250 persons or 
having gross annual sales or expenditures exceeding $25 million (in 
second-quarter 1980 dollars), if authority to sign documents has been 
assigned or delegated to the manager in accordance with corporate 
procedures.
    Note: EPA does not require specific assignments or delegations of 
authority to responsible corporate officers identified in 
Sec. 270.11(a)(1)(i). The Agency will presume that these responsible 
corporate officers have the requisite authority to sign permit 
applications unless the corporation has notified the Director to the 
contrary. Corporate procedures governing authority to sign permit 
applications may provide for assignment or delegation to applicable 
corporate positions under Sec. 270.11(a)(1)(ii) rather than to specific 
individuals.
    (2) For a partnership or sole proprietorship; by a general partner 
or the proprietor, respectively; or
    (3) For a municipality, State, Federal, or other public agency: by 
either a principal executive officer or ranking elected official. For 
purposes of this section, a principal executive officer of a Federal 
agency includes: (i) The chief executive officer of the agency, or (ii) 
a senior executive officer having responsibility for the overall 
operations of a

[[Page 319]]

principal geographic unit of the agency (e.g., Regional Administrators 
of EPA).
    (b) Reports. All reports required by permits and other information 
requested by the Director shall be signed by a person described in 
paragraph (a) of this section, or by a duly authorized representative of 
that person. A person is a duly authorized representative only if:
    (1) The authorization is made in writing by a person described in 
paragraph (a) of this section;
    (2) The authorization specifies either an individual or a position 
having responsibility for overall operation of the regulated facility or 
activity such as the position of plant manager, operator of a well or a 
well field, superintendent, or position of equivalent responsibility. (A 
duly authorized representative may thus be either a named individual or 
any individual occupying a named position); and
    (3) The written authorization is submitted to the Director.
    (c) Changes to authorization. If an authorization under paragraph 
(b) of this section is no longer accurate because a different individual 
or position has responsibility for the overall operation of the 
facility, a new authorization satisfying the requirements of paragraph 
(b) of this section must be submitted to the Director prior to or 
together with any reports, information, or applications to be signed by 
an authorized representative.
    (d)(1) Any person signing a document under paragraph (a) or (b) of 
this must make the following certification:

    I certify under penalty of law that this document and all 
attachments were prepared under my direction or supervision according to 
a system designed to assure that qualified personnel properly gather and 
evaluate the information submitted. Based on my inquiry of the person or 
persons who manage the system, 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.

    (2) For remedial action plans (RAPs) under subpart H of this part, 
if the operator certifies according to paragraph (d)(1) of this section, 
then the owner may choose to make the following certification instead of 
the certification in paragraph (d)(1) of this section:

    Based on my knowledge of the conditions of the property described in 
the RAP and my inquiry of the person or persons who manage the system 
referenced in the operator's certification, or those persons directly 
responsible for gathering the information, the information submitted is, 
upon information 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.

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983; 63 
FR 65941, Nov. 30, 1998]



Sec. 270.12  Confidentiality of information.

    (a) In accordance with 40 CFR part 2, any information submitted to 
EPA pursuant to these regulations may be claimed as confidential by the 
submitter. Any such claim must be asserted at the time of submission in 
the manner prescribed on the application form or instructions or, in the 
case of other submissions, by stamping the words ``confidential business 
information'' on each page containing such information. If no claim is 
made at the time of submission, EPA may make the information available 
to the public without further notice. If a claim is asserted, the 
information will be treated in accordance with the procedures in 40 CFR 
part 2 (Public Information).
    (b) Claims of confidentiality for the name and address of any permit 
applicant or permittee will be denied.



Sec. 270.13  Contents of part A of the permit application.

    Part A of the RCRA application shall include the following 
information:
    (a) The activities conducted by the applicant which require it to 
obtain a permit under RCRA.
    (b) Name, mailing address, and location, including latitude and 
longitude of the facility for which the application is submitted.

[[Page 320]]

    (c) Up to four SIC codes which best reflect the principal products 
or services provided by the facility.
    (d) The operator's name, address, telephone number, ownership 
status, and status as Federal, State, private, public, or other entity.
    (e) The name, address, and phone number of the owner of the 
facility.
    (f) Whether the facility is located on Indian lands.
    (g) An indication of whether the facility is new or existing and 
whether it is a first or revised application.
    (h) For existing facilities, (1) a scale drawing of the facility 
showing the location of all past, present, and future treatment, 
storage, and disposal areas; and (2) photographs of the facility clearly 
delineating all existing structures; existing treatment, storage, and 
disposal areas; and sites of future treatment, storage, and disposal 
areas.
    (i) A description of the processes to be used for treating, storing, 
and disposing of hazardous waste, and the design capacity of these 
items.
    (j) A specification of the hazardous wastes listed or designated 
under 40 CFR part 261 to be treated, stored, or disposed of at the 
facility, an estimate of the quantity of such wastes to be treated, 
stored, or disposed annually, and a general description of the processes 
to be used for such wastes.
    (k) A listing of all permits or construction approvals received or 
applied for under any of the following programs:
    (1) Hazardous Waste Management program under RCRA.
    (2) UIC program under the SWDA.
    (3) NPDES program under the CWA.
    (4) Prevention of Significant Deterioration (PSD) program under the 
Clean Air Act.
    (5) Nonattainment program under the Clean Air Act.
    (6) National Emission Standards for Hazardous Pollutants (NESHAPS) 
preconstruction approval under the Clean Air Act.
    (7) Ocean dumping permits under the Marine Protection Research and 
Sancturies Act.
    (8) Dredge or fill permits under section 404 of the CWA.
    (9) Other relevant environmental permits, including State permits.
    (l) A topographic map (or other map if a topographic map is 
unavailable) extending one mile beyond the property boundaries of the 
source, depicting the facility and each of its intake and discharge 
structures; each of its hazardous waste treatment, storage, or disposal 
facilities; each well where fluids from the facility are injected 
underground; and those wells, springs, other surface water bodies, and 
drinking water wells listed in public records or otherwise known to the 
applicant within \1/4\ mile of the facility property boundary.
    (m) A brief description of the nature of the business.
    (n) For hazardous debris, a description of the debris category(ies) 
and contaminant category(ies) to be treated, stored, or disposed of at 
the facility.

[48 FR 14228, Apr. 1, 1983, as amended at 57 FR 37281, Aug. 18, 1992]



Sec. 270.14  Contents of part B: General requirements.

    (a) Part B of the permit application consists of the general 
information requirements of this section, and the specific information 
requirements in Secs. 270.14 through 270.29 applicable to the facility. 
The part B information requirements presented in Secs. 270.14 through 
270.29 reflect the standards promulgated in 40 CFR part 264. These 
information requirements are necessary in order for EPA to determine 
compliance with the part 264 standards. If owners and operators of HWM 
facilities can demonstrate that the information prescribed in part B can 
not be provided to the extent required, the Director may make allowance 
for submission of such information on a case-by-case basis. Information 
required in part B shall be submitted to the Director and signed in 
accordance with requirements in Sec. 270.11. Certain technical data, 
such as design drawings and specifications, and engineering studies 
shall be certified by a registered professional engineer. For post-
closure permits, only the information specified in Sec. 270.28 is 
required in Part B of the permit application.
    (b) General information requirements. The following information is 
required

[[Page 321]]

for all HWM facilities, except as Sec. 264.1 provides otherwise:
    (1) A general description of the facility.
    (2) Chemical and physical analyses of the hazardous waste and 
hazardous debris to be handled at the facility. At a minimum, these 
analyses shall contain all the information which must be known to treat, 
store, or dispose of the wastes properly in accordance with part 264 of 
this chapter.
    (3) A copy of the waste analysis plan required by Sec. 264.13(b) 
and, if applicable Sec. 264.13(c).
    (4) A description of the security procedures and equipment required 
by Sec. 264.14, or a justification demonstrating the reasons for 
requesting a waiver of this requirement.
    (5) A copy of the general inspection schedule required by 
Sec. 264.15(b) of this part. Include where applicable, as part of the 
inspection schedule, specific requirements in Secs. 264.174, 264.193(i), 
264.195, 264.226, 264.254, 264.273, 264.303, 264.602, 264.1033, 
264.1052, 264.1053, 264.1058, 264.1084, 264.1085, 264.1086, and 264.1088 
of this part.
    (6) A justification of any request for a waiver(s) of the 
preparedness and prevention requirements of part 264, subpart C.
    (7) A copy of the contingency plan required by part 264, subpart D. 
Note: Include, where applicable, as part of the contingency plan, 
specific requirements in Secs. 264.227, 264.255, and 264.200.
    (8) A description of procedures, structures, or equipment used at 
the facility to:
    (i) Prevent hazards in unloading operations (for example, ramps, 
special forklifts);
    (ii) Prevent runoff from hazardous waste handling areas to other 
areas of the facility or environment, or to prevent flooding (for 
example, berms, dikes, trenches);
    (iii) Prevent contamination of water supplies;
    (iv) Mitigate effects of equipment failure and power outages;
    (v) Prevent undue exposure of personnel to hazardous waste (for 
example, protective clothing); and
    (vi) Prevent releases to atmosphere.
    (9) A description of precautions to prevent accidental ignition or 
reaction of ignitable, reactive, or incompatible wastes as required to 
demonstrate compliance with Sec. 264.17 including documentation 
demonstrating compliance with Sec. 264.17(c).
    (10) Traffic pattern, estimated volume (number, types of vehicles) 
and control (for example, show turns across traffic lanes, and stacking 
lanes (if appropriate); describe access road surfacing and load bearing 
capacity; show traffic control signals).
    (11) Facility location information;
    (i) In order to determine the applicability of the seismic standard 
[Sec. 264.18(a)] the owner or operator of a new facility must identify 
the political jurisdiction (e.g., county, township, or election 
district) in which the facility is proposed to be located.

[Comment: If the county or election district is not listed in appendix 
VI of part 264, no further information is required to demonstrate 
compliance with Sec. 264.18(a).]

    (ii) If the facility is proposed to be located in an area listed in 
appendix VI of part 264, the owner or operator shall demonstrate 
compliance with the seismic standard. This demonstration may be made 
using either published geologic data or data obtained from field 
investigations carried out by the applicant. The information provided 
must be of such quality to be acceptable to geologists experienced in 
identifying and evaluating seismic activity. The information submitted 
must show that either:
    (A) No faults which have had displacement in Holocene time are 
present, or no lineations which suggest the presence of a fault (which 
have displacement in Holocene time) within 3,000 feet of a facility are 
present, based on data from:
    (1) Published geologic studies,
    (2) Aerial reconnaissance of the area within a five-mile radius from 
the facility.
    (3) An analysis of aerial photographs covering a 3,000 foot radius 
of the facility, and
    (4) If needed to clarify the above data, a reconnaissance based on 
walking portions of the area within 3,000 feet of the facility, or
    (B) If faults (to include lineations) which have had displacement in 
Holocene time are present within 3,000 feet

[[Page 322]]

of a facility, no faults pass with 200 feet of the portions of the 
facility where treatment, storage, or disposal of hazardous waste will 
be conducted, based on data from a comprehensive geologic analysis of 
the site. Unless a site analysis is otherwise conclusive concerning the 
absence of faults within 200 feet of such portions of the facility data 
shall be obtained from a subsurface exploration (trenching) of the area 
within a distance no less than 200 feet from portions of the facility 
where treatment, storage, or disposal of hazardous waste will be 
conducted. Such trenching shall be performed in a direction that is 
perpendicular to known faults (which have had displacement in Holocene 
time) passing within 3,000 feet of the portions of the facility where 
treatment, storage, or disposal of hazardous waste will be conducted. 
Such investigation shall document with supporting maps and other 
analyses, the location of faults found.

[Comment: The Guidance Manual for the Location Standards provides 
greater detail on the content of each type of seismic investigation and 
the appropriate conditions under which each approach or a combination of 
approaches would be used.]

    (iii) Owners and operators of all facilities shall provide an 
identification of whether the facility is located within a 100-year 
floodplain. This identification must indicate the source of data for 
such determination and include a copy of the relevant Federal Insurance 
Administration (FIA) flood map, if used, or the calculations and maps 
used where an FIA map is not available. Information shall also be 
provided identifying the 100-year flood level and any other special 
flooding factors (e.g., wave action) which must be considered in 
designing, constructing, operating, or maintaining the facility to 
withstand washout from a 100-year flood.

[Comment: Where maps for the National Flood Insurance Program produced 
by the Federal Insurance Administration (FIA) of the Federal Emergency 
Management Agency are available, they will normally be determinative of 
whether a facility is located within or outside of the 100-year 
floodplain. However, where the FIA map excludes an area (usually areas 
of the floodplain less than 200 feet in width), these areas must be 
considered and a determination made as to whether they are in the 100-
year floodplain. Where FIA maps are not available for a proposed 
facility location, the owner or operator must use equivalent mapping 
techniques to determine whether the facility is within the 100-year 
floodplain, and if so located, what the 100-year flood elevation would 
be.]

    (iv) Owners and operators of facilities located in the 100-year 
floodplain must provide the following information:
    (A) Engineering analysis to indicate the various hydrodynamic and 
hydrostatic forces expected to result at the site as consequence of a 
100-year flood.
    (B) Structural or other engineering studies showing the design of 
operational units (e.g., tanks, incinerators) and flood protection 
devices (e.g., floodwalls, dikes) at the facility and how these will 
prevent washout.
    (C) If applicable, and in lieu of paragraphs (b)(11)(iv) (A) and (B) 
of this section, a detailed description of procedures to be followed to 
remove hazardous waste to safety before the facility is flooded, 
including:
    (1) Timing of such movement relative to flood levels, including 
estimated time to move the waste, to show that such movement can be 
completed before floodwaters reach the facility.
    (2) A description of the location(s) to which the waste will be 
moved and demonstration that those facilities will be eligible to 
receive hazardous waste in accordance with the regulations under parts 
270, 271, 124, and 264 through 266 of this chapter.
    (3) The planned procedures, equipment, and personnel to be used and 
the means to ensure that such resources will be available in time for 
use.
    (4) The potential for accidental discharges of the waste during 
movement.
    (v) Existing facilities NOT in compliance with Sec. 264.18(b) shall 
provide a plan showing how the facility will be brought into compliance 
and a schedule for compliance.
    (12) An outline of both the introductory and continuing training 
programs by owners or operators to prepare persons to operate or 
maintain the HWM facility in a safe manner as required to demonstrate 
compliance with Sec. 264.16. A brief description of how training will be 
designed to meet actual job tasks in accordance with requirements in 
Sec. 264.16(a)(3).

[[Page 323]]

    (13) A copy of the closure plan and, where applicable, the post-
closure plan required by Secs. 264.112, 264.118, and 264.197. Include, 
where applicable, as part of the plans, specific requirements in 
Secs. 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 
264.601, and 264.603.
    (14) For hazardous waste disposal units that have been closed, 
documentation that notices required under Sec. 264.119 have been filed.
    (15) The most recent closure cost estimate for the facility prepared 
in accordance with Sec. 264.142 and a copy of the documentation required 
to demonstrate financial assurance under Sec. 264.143. For a new 
facility, a copy of the required documentation may be submitted 60 days 
prior to the initial receipt of hazardous wastes, if that is later than 
the submission of the part B.
    (16) Where applicable, the most recent post-closure cost estimate 
for the facility prepared in accordance with Sec. 264.144 plus a copy of 
the documentation required to demonstrate financial assurance under 
Sec. 264.145. For a new facility, a copy of the required documentation 
may be submitted 60 days prior to the initial receipt of hazardous 
wastes, if that is later than the submission of the part B.
    (17) Where applicable, a copy of the insurance policy or other 
documentation which comprises compliance with the requirements of 
Sec. 264.147. For a new facility, documentation showing the amount of 
insurance meeting the specification of Sec. 264.147(a) and, if 
applicable, Sec. 264.147(b), that the owner or operator plans to have in 
effect before initial receipt of hazardous waste for treatment, storage, 
or disposal. A request for a variance in the amount of required 
coverage, for a new or existing facility, may be submitted as specified 
in Sec. 264.147(c).
    (18) Where appropriate, proof of coverage by a State financial 
mechanism in compliance with Sec. 264.149 or Sec. 264.150.
    (19) A topographic map showing a distance of 1,000 feet around the 
facility at a scale of 2.5 centimeters (1 inch) equal to not more than 
61.0 meters (200 feet). Contours must be shown on the map. The contour 
interval must be sufficient to clearly show the pattern of surface water 
flow in the vicinity of and from each operational unit of the facility. 
For example, contours with an interval of 1.5 meters (5 feet), if relief 
is greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2 
feet), if relief is less than 6.1 meters (20 feet). Owners and operators 
of HWM facilities located in mountainous areas should use large contour 
intervals to adequately show topographic profiles of facilities. The map 
shall clearly show the following:
    (i) Map scale and date.
    (ii) 100-year floodplain area.
    (iii) Surface waters including intermittant streams.
    (iv) Surrounding land uses (residential, commercial, agricultural, 
recreational).
    (v) A wind rose (i.e., prevailing wind-speed and direction).
    (vi) Orientation of the map (north arrow).
    (vii) Legal boundaries of the HWM facility site.
    (viii) Access control (fences, gates).
    (ix) Injection and withdrawal wells both on-site and off-site.
    (x) Buildings; treatment, storage, or disposal operations; or other 
structure (recreation areas, runoff control systems, access and internal 
roads, storm, sanitary, and process sewerage systems, loading and 
unloading areas, fire control facilities, etc.)
    (xi) Barriers for drainage or flood control.
    (xii) Location of operational units within the HWM facility site, 
where hazardous waste is (or will be) treated, stored, or disposed 
(include equipment cleanup areas).
    Note: For large HWM facilities the Agency will allow the use of 
other scales on a case-by-case basis.

    (20) Applicants may be required to submit such information as may be 
necessary to enable the Regional Administrator to carry out his duties 
under other Federal laws as required in Sec. 270.3 of this part.
    (21) For land disposal facilities, if a case-by-case extension has 
been approved under Sec. 268.5 or a petition has been approved uner 
Sec. 268.6, a copy of the notice of approval for the extension or 
petition is required.

[[Page 324]]

    (22) A summary of the pre-application meeting, along with a list of 
attendees and their addresses, and copies of any written comments or 
materials submitted at the meeting, as required under Sec. 124.31(c).
    (c) Additional information requirements. The following additional 
information regarding protection of groundwater is required from owners 
or operators of hazardous waste facilities containing a regulated unit 
except as provided in Sec. 264.90(b) of this chapter:
    (1) A summary of the ground-water monitoring data obtained during 
the interim status period under Secs. 265.90 through 265.94, where 
applicable.
    (2) Identification of the uppermost aquifer and aquifers 
hydraulically interconnected beneath the facility property, including 
ground-water flow direction and rate, and the basis for such 
identification (i.e., the information obtained from hydrogeologic 
investigations of the facility area).
    (3) On the topographic map required under paragraph (b)(19) of this 
section, a delineation of the waste management area, the property 
boundary, the proposed ``point of compliance'' as defined under 
Sec. 264.95, the proposed location of ground-water monitoring wells as 
required under Sec. 264.97, and, to the extent possible, the information 
required in paragraph (c)(2) of this section.
    (4) A description of any plume of contamination that has entered the 
ground water from a regulated unit at the time that the application was 
submitted that:
    (i) Delineates the extent of the plume on the topographic map 
required under paragraph (b)(19) of this section;
    (ii) Identifies the concentration of each appendix IX, of part 264 
of this chapter, constituent throughout the plume or identifies the 
maximum concentrations of each appendix IX constituent in the plume.
    (5) Detailed plans and an engineering report describing the proposed 
ground water monitoring program to be implemented to meet the 
requirements of Sec. 264.97.
    (6) If the presence of hazardous constituents has not been detected 
in the ground water at the time of permit application, the owner or 
operator must submit sufficient information, supporting data, and 
analyses to establish a detection monitoring program which meets the 
requirements of Sec. 264.98. This submission must address the following 
items specified under Sec. 264.98:
    (i) A proposed list of indicator parameters, waste constituents, or 
reaction products that can provide a reliable indication of the presence 
of hazardous constituents in the ground water;
    (ii) A proposed ground-water monitoring system;
    (iii) Background values for each proposed monitoring parameter or 
constituent, or procedures to calculate such values; and
    (iv) A description of proposed sampling, analysis and statistical 
comparison procedures to be utilized in evaluating ground-water 
monitoring data.
    (7) If the presence of hazardous constituents has been detected in 
the ground water at the point of compliance at the time of the permit 
application, the owner or operator must submit sufficient information, 
supporting data, and analyses to establish a compliance monitoring 
program which meets the requirements of Sec. 264.99. Except as provided 
in Sec. 264.98(h)(5), the owner or operator must also submit an 
engineering feasibility plan for a corrective action program necessary 
to meet the requirements of Sec. 264.100, unless the owner or operator 
obtains written authorization in advance from the Regional Administrator 
to submit a proposed permit schedule for submittal of such a plan. To 
demonstrate compliance with Sec. 264.99, the owner or operator must 
address the following items:
    (i) A description of the wastes previously handled at the facility;
    (ii) A characterization of the contaminated ground water, including 
concentrations of hazardous constituents;
    (iii) A list of hazardous constituents for which compliance 
monitoring will be undertaken in accordance with Secs. 264.97 and 
264.99;
    (iv) Proposed concentration limits for each hazardous constituent, 
based on the criteria set forth in Sec. 264.94(a), including a 
justification for establishing any alternate concentration limits;

[[Page 325]]

    (v) Detailed plans and an engineering report describing the proposed 
ground-water monitoring system, in accordance with the requirements of 
Sec. 264.97; and
    (vi) A description of proposed sampling, analysis and statistical 
comparison procedures to be utilized in evaluating ground-water 
monitoring data.
    (8) If hazardous constituents have been measured in the ground water 
which exceed the concentration limits established under Sec. 264.94 
Table 1, or if ground water monitoring conducted at the time of permit 
application under Secs. 265.90 through 265.94 at the waste boundary 
indicates the presence of hazardous constituents from the facility in 
ground water over background concentrations, the owner or operator must 
submit sufficient information, supporting data, and analyses to 
establish a corrective action program which meets the requirements of 
Sec. 264.100. However, an owner or operator is not required to submit 
information to establish a corrective action program if he demonstrates 
to the Regional Administrator that alternate concentration limits will 
protect human health and the environment after considering the criteria 
listed in Sec. 264.94(b). An owner or operator who is not required to 
establish a corrective action program for this reason must instead 
submit sufficient information to establish a compliance monitoring 
program which meets the requirements of Sec. 264.99 and paragraph (c)(6) 
of this section. To demonstrate compliance with Sec. 264.100, the owner 
or operator must address, at a minimum, the following items:
    (i) A characterization of the contaminated ground water, including 
concentrations of hazardous constituents;
    (ii) The concentration limit for each hazardous constituent found in 
the ground water as set forth in Sec. 264.94;
    (iii) Detailed plans and an engineering report describing the 
corrective action to be taken; and
    (iv) A description of how the ground-water monitoring program will 
demonstrate the adequacy of the corrective action.
    (v) The permit may contain a schedule for submittal of the 
information required in paragraphs (c)(8) (iii) and (iv) provided the 
owner or operator obtains written authorization from the Regional 
Administrator prior to submittal of the complete permit application.
    (d) Information requirements for solid waste management units. (1) 
The following information is required for each solid waste management 
unit at a facility seeking a permit:
    (i) The location of the unit on the topographic map required under 
paragraph (b)(19) of this section.
    (ii) Designation of type of unit.
    (iii) General dimensions and structural description (supply any 
available drawings).
    (iv) When the unit was operated.
    (v) Specification of all wastes that have been managed at the unit, 
to the extent available.
    (2) The owner or operator of any facility containing one or more 
solid waste management units must submit all available information 
pertaining to any release of hazardous wastes or hazardous constituents 
from such unit or units.
    (3) The owner/operator must conduct and provide the results of 
sampling and analysis of groundwater, landsurface, and subsurface 
strata, surface water, or air, which may include the installation of 
wells, where the Director ascertains it is necessary to complete a RCRA 
Facility Assessment that will determine if a more complete investigation 
is necessary.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 
FR 2006, Jan. 14, 1985; 51 FR 16458, May 2, 1986; 51 FR 40653, Nov. 7, 
1986; 52 FR 23450, July 9, 1987; 52 FR 25953, July 9, 1987; 52 FR 33936, 
Sept. 9, 1987; 52 FR 45799, Dec. 1, 1987; 52 FR 46965, Dec. 10, 1987; 54 
FR 617, Jan. 9, 1989; 55 FR 25517, June 21, 1990; 57 FR 37281, Aug. 18, 
1992; 59 FR 62952, Dec. 6, 1994; 60 FR 63433, Dec. 11, 1995; 61 FR 
59996, Nov. 25, 1996; 62 FR 64671, Dec. 8, 1997; 63 FR 56735, Oct. 22, 
1998]



Sec. 270.15  Specific part B information requirements for containers.

    Except as otherwise provided in Sec. 264.170, owners or operators of 
facilities that store containers of hazardous waste must provide the 
following additional information:
    (a) A description of the containment system to demonstrate 
compliance

[[Page 326]]

with Sec. 264.175. Show at least the following:
    (1) Basic design parameters, dimensions, and materials of 
construction.
    (2) How the design promotes drainage or how containers are kept from 
contact with standing liquids in the containment system.
    (3) Capacity of the containment system relative to the number and 
volume of containers to be stored.
    (4) Provisions for preventing or managing run-on.
    (5) How accumulated liquids can be analyzed and removed to prevent 
overflow.
    (b) For storage areas that store containers holding wastes that do 
not contain free liquids, a demonstration of compliance with 
Sec. 264.175(c), including:
    (1) Test procedures and results or other documentation or 
information to show that the wastes do not contain free liquids; and
    (2) A description of how the storage area is designed or operated to 
drain and remove liquids or how containers are kept from contact with 
standing liquids.
    (c) Sketches, drawings, or data demonstrating compliance with 
Sec. 264.176 (location of buffer zone and containers holding ignitable 
or reactive wastes) and Sec. 264.177(c) (location of incompatible 
wastes), where applicable.
    (d) Where incompatible wastes are stored or otherwise managed in 
containers, a description of the procedures used to ensure compliance 
with Secs. 264.177 (a) and (b), and 264.17 (b) and (c).
    (e) Information on air emission control equipment as required in 
Sec. 270.27.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983; 59 FR 62952, 
Dec. 6, 1994]



Sec. 270.16  Specific part B information requirements for tank systems.

    Except as otherwise provided in Sec. 264.190, owners and operators 
of facilities that use tanks to store or treat hazardous waste must 
provide the following additional information:
    (a) A written assessment that is reviewed and certified by an 
independent, qualified, registered professional engineer as to the 
structural integrity and suitability for handling hazardous waste of 
each tank system, as required under Secs. 264.191 and 264.192;
    (b) Dimensions and capacity of each tank;
    (c) Description of feed systems, safety cutoff, bypass systems, and 
pressure controls (e.g., vents);
    (d) A diagram of piping, instrumentation, and process flow for each 
tank system;
    (e) A description of materials and equipment used to provide 
external corrosion protection, as required under Sec. 264.192(a)(3)(ii);
    (f) For new tank systems, a detailed description of how the tank 
system(s) will be installed in compliance with Sec. 264.192 (b), (c), 
(d), and (e);
    (g) Detailed plans and description of how the secondary containment 
system for each tank system is or will be designed, constructed, and 
operated to meet the requirements of Sec. 264.193 (a), (b), (c), (d), 
(e), and (f);
    (h) For tank systems for which a variance from the requirements of 
Sec. 264.193 is sought (as provided by Secs. 264.193(g)):
    (1) Detailed plans and engineering and hydrogeologic reports, as 
appropriate, describing alternate design and operating practices that 
will, in conjunction with location aspects, prevent the migration of any 
hazardous waste or hazardous constituents into the ground water or 
surface water during the life of the facility, or
    (2) A detailed assessment of the substantial present or potential 
hazards posed to human health or the environment should a release enter 
the environment.
    (i) Description of controls and practices to prevent spills and 
overflows, as required under Sec. 264.194(b); and
    (j) For tank systems in which ignitable, reactive, or incompatible 
wastes are to be stored or treated, a description of how operating 
procedures and tank system and facility design will achieve compliance 
with the requirements of Secs. 264.198 and 264.199.
    (k) Information on air emission control equipment as required in 
Sec. 270.27.

[51 FR 25486, July 14, 1986; 51 FR 29431, Aug. 15, 1986; 59 FR 62952, 
Dec. 6, 1994]

[[Page 327]]



Sec. 270.17  Specific part B information requirements for surface impoundments.

    Except as otherwise provided in Sec. 264.1, owners and operators of 
facilities that store, treat or dispose of hazardous waste in surface 
impoundments must provide the following additional information:
    (a) A list of the hazardous wastes placed or to be placed in each 
surface impoundment;
    (b) Detailed plans and an engineering report describing how the 
surface impoundment is designed and is or will be constructed, operated, 
and maintained to meet the requirements of Secs. 264.19, 264.221, 
264.222, and 264.223 of this chapter, addressing the following items:
    (1) The liner system (except for an existing portion of a surface 
impoundment). If an exemption from the requirement for a liner is sought 
as provided by Sec. 264.221(b), submit detailed plans and engineering 
and hydrogeologic reports, as appropriate, describing alternate design 
and operating practices that will, in conjunction with location aspects, 
prevent the migration of any hazardous constituents into the ground 
water or surface water at any future time;
    (2) The double liner and leak (leachate) detection, collection, and 
removal system, if the surface impoundment must meet the requirements of 
Sec. 264.221(c) of this chapter. If an exemption from the requirements 
for double liners and a leak detection, collection, and removal system 
or alternative design is sought as provided by Sec. 264.221 (d), (e), or 
(f) of this chapter, submit appropriate information;
    (3) If the leak detection system is located in a saturated zone, 
submit detailed plans and an engineering report explaining the leak 
detection system design and operation, and the location of the saturated 
zone in relation to the leak detection system;
    (4) The construction quality assurance (CQA) plan if required under 
Sec. 264.19 of this chapter;
    (5) Proposed action leakage rate, with rationale, if required under 
Sec. 264.222 of this chapter, and response action plan, if required 
under Sec. 264.223 of this chapter;
    (6) Prevention of overtopping; and
    (7) Structural integrity of dikes;
    (c) A description of how each surface impoundment, including the 
double liner system, leak detection system, cover system, and 
appurtenances for control of overtopping, will be inspected in order to 
meet the requirements of Sec. 264.226(a), (b), and (d) of this chapter. 
This information must be included in the inspection plan submitted under 
Sec. 270.14(b)(5);
    (d) A certification by a qualified engineer which attests to the 
structural integrity of each dike, as required under Sec. 264.226(c). 
For new units, the owner or operator must submit a statement by a 
qualified engineer that he will provide such a certification upon 
completion of construction in accordance with the plans and 
specifications;
    (e) A description of the procedure to be used for removing a surface 
impoundment from service, as required under Sec. 264.227(b) and (c). 
This information should be included in the contingency plan submitted 
under Sec. 270.14(b)(7);
    (f) A description of how hazardous waste residues and contaminated 
materials will be removed from the unit at closure, as required under 
Sec. 264.228(a)(1). For any wastes not to be removed from the unit upon 
closure, the owner or operator must submit detailed-plans and an 
engineering report describing how Sec. 264.228(a)(2) and (b) will be 
complied with. This information should be included in the closure plan 
and, where applicable, the post-closure plan submitted under 
Sec. 270.14(b)(13);
    (g) If ignitable or reactive wastes are to be placed in a surface 
impoundment, an explanation of how Sec. 264.229 will be complied with;
    (h) If incompatible wastes, or incompatible wastes and materials 
will be placed in a surface impoundment, an explanation of how 
Sec. 264.230 will be complied with.
    (i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, 
FO22, FO23, FO26, and FO27 describing how the surface impoundment is or 
will be designed, constructed, operated, and maintained to meet the 
requirements of Sec. 264.231. This submission must address the following 
items as specified in Sec. 264.231:

[[Page 328]]

    (1) The volume, physical, and chemical characteristics of the 
wastes, including their potential to migrate through soil or to 
volatilize or escape into the atmosphere;
    (2) The attenuative properties of underlying and surrounding soils 
or other materials;
    (3) The mobilizing properties of other materials co-disposed with 
these wastes; and
    (4) The effectiveness of additional treatment, design, or monitoring 
techniques.
    (j) Information on air emission control equipment as required in 
Sec. 270.27.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 
FR 28752, July 15, 1985; 57 FR 3495, Jan. 29, 1992; 59 FR 62952, Dec. 6, 
1994]



Sec. 270.18  Specific part B information requirements for waste piles.

    Except as otherwise provided in Sec. 264.1, owners and operators of 
facilities that store or treat hazardous waste in waste piles must 
provide the following additional information:
    (a) A list of hazardous wastes placed or to be placed in each waste 
pile;
    (b) If an exemption is sought to Sec. 264.251 and subpart F of part 
264 as provided by Sec. 264.250(c) or Sec. 264.90(2), an explanation of 
how the standards of Sec. 264.250(c) will be complied with or detailed 
plans and an engineering report describing how the requirements of 
Sec. 264.90(b)(2) will be met.
    (c) Detailed plans and an engineering report describing how the 
waste pile is designed and is or will be constructed, operated, and 
maintained to meet the requirements of Secs. 264.19, 264.251, 264.252, 
and 264.253 of this chapter, addressing the following items:
    (1)(i) The liner system (except for an existing portion of a waste 
pile), if the waste pile must meet the requirements of Sec. 264.251(a) 
of this chapter. If an exemption from the requirement for a liner is 
sought as provided by Sec. 264.251(b) of this chapter, submit detailed 
plans, and engineering and hydrogeological reports, as appropriate, 
describing alternate designs and operating practices that will, in 
conjunction with location aspects, prevent the migration of any 
hazardous constituents into the ground water or surface water at any 
future time;
    (ii) The double liner and leak (leachate) detection, collection, and 
removal system, if the waste pile must meet the requirements of 
Sec. 264.251(c) of this chapter. If an exemption from the requirements 
for double liners and a leak detection, collection, and removal system 
or alternative design is sought as provided by Sec. 264.251(d), (e), or 
(f) of this chapter, submit appropriate information;
    (iii) If the leak detection system is located in a saturated zone, 
submit detailed plans and an engineering report explaining the leak 
detection system design and operation, and the location of the saturated 
zone in relation to the leak detection system;
    (iv) The construction quality assurance (CQA) plan if required under 
Sec. 264.19 of this chapter;
    (v) Proposed action leakage rate, with rationale, if required under 
Sec. 264.252 of this chapter, and response action plan, if required 
under Sec. 264.253 of this chapter;
    (2) Control of run-on;
    (3) Control of run-off;
    (4) Management of collection and holding units associated with run-
on and run-off control systems; and
    (5) Control of wind dispersal of particulate matter, where 
applicable;
    (d) A description of how each waste pile, including the double liner 
system, leachate collection and removal system, leak detection system, 
cover system, and appurtenances for control of run-on and run-off, will 
be inspected in order to meet the requirements of Sec. 264.254(a), (b), 
and (c) of this chapter. This information must be included in the 
inspection plan submitted under Sec. 270.14(b)(5);
    (e) If treatment is carried out on or in the pile, details of the 
process and equipment used, and the nature and quality of the residuals;
    (f) If ignitable or reactive wastes are to be placed in a waste 
pile, an explanation of how the requirements of Sec. 264.256 will be 
complied with;
    (g) If incompatible wastes, or incompatible wastes and materials 
will be place in a waste pile, an explanation of how Sec. 264.257 will 
be complied with;

[[Page 329]]

    (h) A description of how hazardous waste residues and contaminated 
materials will be removed from the waste pile at closure, as required 
under Sec. 264.258(a). For any waste not to be removed from the waste 
pile upon closure, the owner or operator must submit detailed plans and 
an engineering report describing how Sec. 264.310 (a) and (b) will be 
complied with. This information should be included in the closure plan 
and, where applicable, the post-closure plan submitted under 
Sec. 270.14(b)(13).
    (i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, 
FO22, FO23, FO26, and FO27 describing how a waste pile that is not 
enclosed (as defined in Sec. 264.250(c)) is or will be designed, 
constructed, operated, and maintained to meet the requirements of 
Sec. 264.259. This submission must address the following items as 
specified in Sec. 264.259:
    (1) The volume, physical, and chemical characteristics of the wastes 
to be disposed in the waste pile, including their potential to migrate 
through soil or to volatilize or escape into the atmosphere;
    (2) The attenuative properties of underlying and surrounding soils 
or other materials;
    (3) The mobilizing properties of other materials co-disposed with 
these wastes; and
    (4) The effectiveness of additional treatment, design, or monitoring 
techniques.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 
FR 28752, July 15, 1985; 57 FR 3496, Jan. 29, 1992]



Sec. 270.19  Specific part B information requirements for incinerators.

    Except as Sec. 264.340 of this chapter provides otherwise, owners 
and operators of facilities that incinerate hazardous waste must fulfill 
the requirements of (a), (b), or (c) of this section.
    (a) When seeking an exemption under Sec. 264.340 (b) or (c) of this 
chapter (Ignitable, corrosive, or reactive wastes only):
    (1) Documentation that the waste is listed as a hazardous waste in 
part 261, subpart D of this chapter, solely because it is ignitable 
(Hazard Code I) or corrosive (Hazard Code C) or both; or
    (2) Documentation that the waste is listed as a hazardous waste in 
part 261, subpart D of this chapter, solely because it is reactive 
(Hazard Code R) for characteristics other than those listed in 
Sec. 261.23(a) (4) and (5) of this chapter, and will not be burned when 
other hazardous wastes are present in the combustion zone; or
    (3) Documentation that the waste is a hazardous waste solely because 
it possesses the characteristic of ignitability, corrosivity, or both, 
as determined by the tests for characteristics of hazardous waste under 
part 261, subpart C of this chapter; or
    (4) Documentation that the waste is a hazardous waste solely because 
it possesses the reactivity characteristics listed in Sec. 261.23(a) 
(1), (2), (3), (6), (7), or (8) of this chapter, and that it will not be 
burned when other hazardous wastes are present in the combustion zone; 
or
    (b) Submit a trial burn plan or the results of a trial burn, 
including all required determinations, in accordance with Sec. 270.62; 
or
    (c) In lieu of a trial burn, the applicant may submit the following 
information:
    (1) An analysis of each waste or mixture of wastes to be burned 
including:
    (i) Heat value of the waste in the form and composition in which it 
will be burned.
    (ii) Viscosity (if applicable), or description of physical form of 
the waste.
    (iii) An identification of any hazardous organic constituents listed 
in part 261, appendix VIII, of this chapter, which are present in the 
waste to be burned, except that the applicant need not analyze for 
constituents listed in part 261, appendix VIII, of this chapter which 
would reasonably not be expected to be found in the waste. The 
constituents excluded from analysis must be identified and the basis for 
their exclusion stated. The waste analysis must rely on analytical 
techniques specified in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by 
reference in Sec. 260.11 of this chapter and Sec. 270.6, or their 
equivalent.
    (iv) An approximate quantification of the hazardous constituents 
identified

[[Page 330]]

in the waste, within the precision produced by the analytical methods 
specified in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, as incorporated by reference 
in Sec. 260.11 of this chapter and Sec. 270.6.
    (v) A quantification of those hazardous constituents in the waste 
which may be designated as POHC's based on data submitted from other 
trial or operational burns which demonstrate compliance with the 
performance standards in Sec. 264.343 of this chapter.
    (2) A detailed engineering description of the incinerator, 
including:
    (i) Manufacturer's name and model number of incinerator.
    (ii) Type of incinerator.
    (iii) Linear dimension of incinerator unit including cross sectional 
area of combustion chamber.
    (iv) Description of auxiliary fuel system (type/feed).
    (v) Capacity of prime mover.
    (vi) Description of automatic waste feed cutoff system(s).
    (vii) Stack gas monitoring and pollution control monitoring system.
    (viii) Nozzle and burner design.
    (ix) Construction materials.
    (x) Location and description of temperature, pressure, and flow 
indicating devices and control devices.
    (3) A description and analysis of the waste to be burned compared 
with the waste for which data from operational or trial burns are 
provided to support the contention that a trial burn is not needed. The 
data should include those items listed in paragraph (c)(1) of this 
section. This analysis should specify the POHC's which the applicant has 
identified in the waste for which a permit is sought, and any 
differences from the POHC's in the waste for which burn data are 
provided.
    (4) The design and operating conditions of the incinerator unit to 
be used, compared with that for which comparative burn data are 
available.
    (5) A description of the results submitted from any previously 
conducted trial burn(s) including:
    (i) Sampling and analysis techniques used to calculate performance 
standards in Sec. 264.343 of this chapter,
    (ii) Methods and results of monitoring temperatures, waste feed 
rates, carbon monoxide, and an appropriate indicator of combustion gas 
velocity (including a statement concerning the precision and accuracy of 
this measurement),
    (6) The expected incinerator operation information to demonstrate 
compliance with Secs. 264.343 and 264.345 of this chapter including:
    (i) Expected carbon monoxide (CO) level in the stack exhaust gas.
    (ii) Waste feed rate.
    (iii) Combustion zone temperature.
    (iv) Indication of combustion gas velocity.
    (v) Expected stack gas volume, flow rate, and temperature.
    (vi) Computed residence time for waste in the combustion zone.
    (vii) Expected hydrochloric acid removal efficiency.
    (viii) Expected fugitive emissions and their control procedures.
    (ix) Proposed waste feed cut-off limits based on the identified 
significant operating parameters.
    (7) Such supplemental information as the Director finds necessary to 
achieve the purposes of this paragraph.
    (8) Waste analysis data, including that submitted in paragraph 
(c)(1) of this section, sufficient to allow the Director to specify as 
permit Principal Organic Hazardous Constituents (permit POHC's) those 
constituents for which destruction and removal efficiencies will be 
required.
    (d) The Director shall approve a permit application without a trial 
burn if he finds that:
    (1) The wastes are sufficiently similar; and
    (2) The incinerator units are sufficiently similar, and the data 
from other trial burns are adequate to specify (under Sec. 264.345 of 
this chapter) operating conditions that will ensure that the performance 
standards in Sec. 264.343 of this chapter will be met by the 
incinerator.

[48 FR 14228, Apr. 1, 1983, as amended at 58 FR 46051, Aug. 31, 1993]



Sec. 270.20  Specific part B information requirements for land treatment facilities.

    Except as otherwise provided in Sec. 264.1, owners and operators of 
facilities that use land treatment to dispose

[[Page 331]]

of hazardous waste must provide the following additional information:
    (a) A description of plans to conduct a treatment demonstration as 
required under Sec. 264.272. The description must include the following 
information;
    (1) The wastes for which the demonstration will be made and the 
potential hazardous constituents in the waste;
    (2) The data sources to be used to make the demonstration (e.g., 
literature, laboratory data, field data, or operating data);
    (3) Any specific laboratory or field test that will be conducted, 
including:
    (i) The type of test (e.g., column leaching, degradation);
    (ii) Materials and methods, including analytical procedures;
    (iii) Expected time for completion;
    (iv) Characteristics of the unit that will be simulated in the 
demonstration, including treatment zone characteristics, climatic 
conditions, and operating practices.
    (b) A description of a land treatment program, as required under 
Sec. 264.271. This information must be submitted with the plans for the 
treatment demonstration, and updated following the treatment 
demonstration. The land treatment program must address the following 
items:
    (1) The wastes to be land treated;
    (2) Design measures and operating practices necessary to maximize 
treatment in accordance with Sec. 264.273(a) including:
    (i) Waste application method and rate;
    (ii) Measures to control soil pH;
    (iii) Enhancement of microbial or chemical reactions;
    (iv) Control of moisture content;
    (3) Provisions for unsaturated zone monitoring, including:
    (i) Sampling equipment, procedures, and frequency;
    (ii) Procedures for selecting sampling locations;
    (iii) Analytical procedures;
    (iv) Chain of custody control;
    (v) Procedures for establishing background values;
    (vi) Statistical methods for interpreting results;
    (vii) The justification for any hazardous constituents recommended 
for selection as principal hazardous constituents, in accordance with 
the criteria for such selection in Sec. 264.278(a);
    (4) A list of hazardous constituents reasonably expected to be in, 
or derived from, the wastes to be land treated based on waste analysis 
performed pursuant to Sec. 264.13;
    (5) The proposed dimensions of the treatment zone;
    (c) A description of how the unit is or will be designed, 
constructed, operated, and maintained in order to meet the requirements 
of Sec. 264.273. This submission must address the following items:
    (1) Control of run-on;
    (2) Collection and control of run-off;
    (3) Minimization of run-off of hazardous constituents from the 
treatment zone;
    (4) Management of collection and holding facilities associated with 
run-on and run-off control systems;
    (5) Periodic inspection of the unit. This information should be 
included in the inspection plan submitted under Sec. 270.14(b)(5);
    (6) Control of wind dispersal of particulate matter, if applicable;
    (d) If food-chain crops are to be grown in or on the treatment zone 
of the land treatment unit, a description of how the demonstration 
required under Sec. 264.276(a) will be conducted including:
    (1) Characteristics of the food-chain crop for which the 
demonstration will be made.
    (2) Characteristics of the waste, treatment zone, and waste 
application method and rate to be used in the demonstration;
    (3) Procedures for crop growth, sample collection, sample analysis, 
and data evaluation;
    (4) Characteristics of the comparison crop including the location 
and conditions under which it was or will be grown;
    (e) If food-chain crops are to be grown, and cadmium is present in 
the land-treated waste, a description of how the requirements of 
Sec. 264.276(b) will be complied with;
    (f) A description of the vegetative cover to be applied to closed 
portions of the facility, and a plan for maintaining such cover during 
the post-closure care period, as required under

[[Page 332]]

Sec. Sec. 264.280(a)(8) and 264.280(c)(2). This information should be 
included in the closure plan and, where applicable, the post-closure 
care plan submitted under Sec. 270.14(b)(13);
    (g) If ignitable or reactive wastes will be placed in or on the 
treatment zone, an explanation of how the requirements of Sec. 264.281 
will be complied with;
    (h) If incompatible wastes, or incompatible wastes and materials, 
will be placed in or on the same treatment zone, an explanation of how 
Sec. 264.282 will be complied with.
    (i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, 
FO22, FO23, FO26, and FO27 describing how a land treatment facility is 
or will be designed, constructed, operated, and maintained to meet the 
requirements of Sec. 264.283. This submission must address the following 
items as specified in Sec. 264.283:
    (1) The volume, physical, and chemical characteristics of the 
wastes, including their potential to migrate through soil or to 
volatilize or escape into the atmosphere;
    (2) The attentuative properties of underlying and surrounding soils 
or other materials;
    (3) The mobilizing properties of other materials co-disposed with 
these wastes; and
    (4) The effectiveness of additional treatment, design, or monitoring 
techniques.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 
FR 2006, Jan. 14, 1985]



Sec. 270.21  Specific part B information requirements for landfills.

    Except as otherwise provided in Sec. 264.1, owners and operators of 
facilities that dispose of hazardous waste in landfills must provide the 
following additional information:
    (a) A list of the hazardous wastes placed or to be placed in each 
landfill or landfill cell;
    (b) Detailed plans and an engineering report describing how the 
landfill is designed and is or will be constructed, operated, and 
maintained to meet the requirements of Secs. 264.19, 264.301, 264.302, 
and 264.303 of this chapter, addressing the following items:
    (1)(i) The liner system (except for an existing portion of a 
landfill), if the landfill must meet the requirements of Sec. 264.301(a) 
of this chapter. If an exemption from the requirement for a liner is 
sought as provided by Sec. 264.301(b) of this chapter, submit detailed 
plans, and engineering and hydrogeological reports, as appropriate, 
describing alternate designs and operating practices that will, in 
conjunction with location aspects, prevent the migration of any 
hazardous constituents into the ground water or surface water at any 
future time;
    (ii) The double liner and leak (leachate) detection, collection, and 
removal system, if the landfill must meet the requirements of 
Sec. 264.301(c) of this chapter. If an exemption from the requirements 
for double liners and a leak detection, collection, and removal system 
or alternative design is sought as provided by Sec. 264.301(d), (e), or 
(f) of this chapter, submit appropriate information;
    (iii) If the leak detection system is located in a saturated zone, 
submit detailed plans and an engineering report explaining the leak 
detection system design and operation, and the location of the saturated 
zone in relation to the leak detection system;
    (iv) The construction quality assurance (CQA) plan if required under 
Sec. 264.19 of this chapter;
    (v) Proposed action leakage rate, with rationale, if required under 
Sec. 264.302 of this chapter, and response action plan, if required 
under Sec. 264.303 of this chapter;
    (2) Control of run-on;
    (3) Control of run-off;
    (4) Management of collection and holding facilities associated with 
run-on and run-off control systems; and
    (5) Control of wind dispersal of particulate matter, where 
applicable;
    (c) A description of how each landfill, including the double liner 
system, leachate collection and removal system, leak detection system, 
cover system, and appurtenances for control of run-on and run-off, will 
be inspected in order to meet the requirements of Sec. 264.303(a), (b), 
and (c) of this chapter. This information must be included in the 
inspection plan submitted under Sec. 270.14(b)(5);
    (d) A description of how each landfill, including the liner and 
cover systems, will be inspected in order to meet the

[[Page 333]]

requirements of Sec. 264.303 (a) and (b). This information should be 
included in the inspection plan submitted under Sec. 270.14(b)(5).
    (e) Detailed plans and an engineering report describing the final 
cover which will be applied to each landfill or landfill cell at closure 
in accordance with Sec. 264.310(a), and a description of how each 
landfill will be maintained and monitored after closure in accordance 
with Sec. 264.310(b). This information should be included in the closure 
and post-closure plans submitted under Sec. 270.14(b)(13).
    (f) If ignitable or reactive wastes will be landfilled, an 
explanation of how the standards of Sec. 264.312 will be complied with;
    (g) If incompatible wastes, or incompatible wastes and materials 
will be landfilled, an explanation of how Sec. 264.313 will be complied 
with;
    (h) If bulk or non-containerized liquid waste or wastes containing 
free liquids is to be landfilled prior to May 8, 1985, an explanation of 
how the requirements of Sec. 264.314(a) will be complied with;
    (i) If containers of hazardous waste are to be landfilled, an 
explanation of how the requirements of Sec. 264.315 or Sec. 264.316, as 
applicable, will be complied with.
    (j) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, 
FO22, FO23, FO26, and FO27 describing how a landfill is or will be 
designed, constructed, operated, and maintained to meet the requirements 
of Sec. 264.317. This submission must address the following items as 
specified in Sec. 264.317:
    (1) The volume, physical, and chemical characteristics of the 
wastes, including their potential to migrate through soil or to 
volatilize or escape into the atmosphere;
    (2) The attenuative properties of underlying and surrounding soils 
or other materials;
    (3) The mobilizing properties of other materials co-disposed with 
these wastes; and
    (4) The effectiveness of additional treatment, design, or monitoring 
techniques.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 
FR 2006, Jan. 14, 1985; 50 FR 28752, July 15, 1985; 57 FR 3496, Jan. 29, 
1992]



Sec. 270.22  Specific part B information requirements for boilers and industrial furnaces burning hazardous waste.

    (a) Trial burns--(1) General. Except as provided below, owners and 
operators that are subject to the standards to control organic emissions 
provided by Sec. 266.104 of this chapter, standards to control 
particulate matter provided by Sec. 266.105 of this chapter, standards 
to control metals emissions provided by Sec. 266.106 of this chapter, or 
standards to control hydrogen chloride or chlorine gas emissions 
provided by Sec. 266.107 of this chapter must conduct a trial burn to 
demonstrate conformance with those standards and must submit a trial 
burn plan or the results of a trial burn, including all required 
determinations, in accordance with Sec. 270.66.
    (i) A trial burn to demonstrate conformance with a particular 
emission standard may be waived under provisions of Secs. 266.104 
through 266.107 of this chapter and paragraphs (a)(2) through (a)(5) of 
this section; and
    (ii) The owner or operator may submit data in lieu of a trial burn, 
as prescribed in paragraph (a)(6) of this section.
    (2) Waiver of trial burn for DRE--(i) Boilers operated under special 
operating requirements. When seeking to be permitted under 
Secs. 266.104(a)(4) and 266.110 of this chapter that automatically waive 
the DRE trial burn, the owner or operator of a boiler must submit 
documentation that the boiler operates under the special operating 
requirements provided by Sec. 266.110 of this chapter.
    (ii) Boilers and industrial furnaces burning low risk waste. When 
seeking to be permitted under the provisions for low risk waste provided 
by Secs. 266.104(a)(5) and 266.109(a) of this

[[Page 334]]

chapter that waive the DRE trial burn, the owner or operator must 
submit:
    (A) Documentation that the device is operated in conformance with 
the requirements of Sec. 266.109(a)(1) of this chapter.
    (B) Results of analyses of each waste to be burned, documenting the 
concentrations of nonmetal compounds listed in appendix VIII of part 261 
of this chapter, except for those constituents that would reasonably not 
be expected to be in the waste. The constituents excluded from analysis 
must be identified and the basis for their exclusion explained. The 
analysis must rely on analytical techniques specified in Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods (incorporated by 
reference, see Sec. 260.11).
    (C) Documentation of hazardous waste firing rates and calculations 
of reasonable, worst-case emission rates of each constituent identified 
in paragraph (a)(2)(ii)(B) of this section using procedures provided by 
Sec. 266.109(a)(2)(ii) of this chapter.
    (D) Results of emissions dispersion modeling for emissions 
identified in paragraphs (a)(2)(ii)(C) of this section using modeling 
procedures prescribed by Sec. 266.106(h) of this chapter. The Director 
will review the emission modeling conducted by the applicant to 
determine conformance with these procedures. The Director will either 
approve the modeling or determine that alternate or supplementary 
modeling is appropriate.
    (E) Documentation that the maximum annual average ground level 
concentration of each constituent identified in paragraph (a)(2)(ii)(B) 
of this section quantified in conformance with paragraph (a)(2)(ii)(D) 
of this section does not exceed the allowable ambient level established 
in appendices IV or V of part 266. The acceptable ambient concentration 
for emitted constituents for which a specific Reference Air 
Concentration has not been established in appendix IV or Risk-Specific 
Dose has not been established in appendix V is 0.1 micrograms per cubic 
meter, as noted in the footnote to appendix IV.
    (3) Waiver of trial burn for metals. When seeking to be permitted 
under the Tier I (or adjusted Tier I) metals feed rate screening limits 
provided by Sec. 266.106 (b) and (e) of this chapter that control metals 
emissions without requiring a trial burn, the owner or operator must 
submit:
    (i) Documentation of the feed rate of hazardous waste, other fuels, 
and industrial furnace feed stocks;
    (ii) Documentation of the concentration of each metal controlled by 
Sec. 266.106 (b) or (e) of this chapter in the hazardous waste, other 
fuels, and industrial furnace feedstocks, and calculations of the total 
feed rate of each metal;
    (iii) Documentation of how the applicant will ensure that the Tier I 
feed rate screening limits provided by Sec. 266.106 (b) or (e) of this 
chapter will not be exceeded during the averaging period provided by 
that paragraph;
    (iv) Documentation to support the determination of the terrain-
adjusted effective stack height, good engineering practice stack height, 
terrain type, and land use as provided by Sec. 266.106 (b)(3) through 
(b)(5) of this chapter;
    (v) Documentation of compliance with the provisions of 
Sec. 266.106(b)(6), if applicable, for facilities with multiple stacks;
    (vi) Documentation that the facility does not fail the criteria 
provided by Sec. 266.106(b)(7) for eligibility to comply with the 
screening limits; and
    (vii) Proposed sampling and metals analysis plan for the hazardous 
waste, other fuels, and industrial furnace feed stocks.
    (4) Waiver of trial burn for particulate matter. When seeking to be 
permitted under the low risk waste provisions of Sec. 266.109(b) which 
waives the particulate standard (and trial burn to demonstrate 
conformance with the particulate standard), applicants must submit 
documentation supporting conformance with paragraphs (a)(2)(ii) and 
(a)(3) of this section.
    (5) Waiver of trial burn for HCl and Cl2. When seeking to 
be permitted under the Tier I (or adjusted Tier I) feed rate screening 
limits for total chloride and chlorine provided by Sec. 266.107 (b)(1) 
and (e) of this chapter that control emissions of hydrogen chloride 
(HCl) and chlorine gas (Cl2) without requiring a trial burn, 
the owner or operator must submit:

[[Page 335]]

    (i) Documentation of the feed rate of hazardous waste, other fuels, 
and industrial furnace feed stocks;
    (ii) Documentation of the levels of total chloride and chlorine in 
the hazardous waste, other fuels, and industrial furnace feedstocks, and 
calculations of the total feed rate of total chloride and chlorine;
    (iii) Documentation of how the applicant will ensure that the Tier I 
(or adjusted Tier I) feed rate screening limits provided by Sec. 266.107 
(b)(1) or (e) of this chapter will not be exceeded during the averaging 
period provided by that paragraph;
    (iv) Documentation to support the determination of the terrain-
adjusted effective stack height, good engineering practice stack height, 
terrain type, and land use as provided by Sec. 266.107(b)(3) of this 
chapter;
    (v) Documentation of compliance with the provisions of 
Sec. 266.107(b)(4), if applicable, for facilities with multiple stacks;
    (vi) Documentation that the facility does not fail the criteria 
provided by Sec. 266.107(b)(3) for eligibility to comply with the 
screening limits; and
    (vii) Proposed sampling and analysis plan for total chloride and 
chlorine for the hazardous waste, other fuels, and industrial furnace 
feedstocks.
    (6) Data in lieu of trial burn. The owner or operator may seek an 
exemption from the trial burn requirements to demonstrate conformance 
with Secs. 266.104 through 266.107 of this chapter and Sec. 270.66 by 
providing the information required by Sec. 270.66 from previous 
compliance testing of the device in conformance with Sec. 266.103 of 
this chapter, or from compliance testing or trial or operational burns 
of similar boilers or industrial furnaces burning similar hazardous 
wastes under similar conditions. If data from a similar device is used 
to support a trial burn waiver, the design and operating information 
required by Sec. 270.66 must be provided for both the similar device and 
the device to which the data is to be applied, and a comparison of the 
design and operating information must be provided. The Director shall 
approve a permit application without a trial burn if he finds that the 
hazardous wastes are sufficiently similar, the devices are sufficiently 
similar, the operating conditions are sufficiently similar, and the data 
from other compliance tests, trial burns, or operational burns are 
adequate to specify (under Sec. 266.102 of this chapter) operating 
conditions that will ensure conformance with Sec. 266.102(c) of this 
chapter. In addition, the following information shall be submitted:
    (i) For a waiver from any trial burn:
    (A) A description and analysis of the hazardous waste to be burned 
compared with the hazardous waste for which data from compliance 
testing, or operational or trial burns are provided to support the 
contention that a trial burn is not needed;
    (B) The design and operating conditions of the boiler or industrial 
furnace to be used, compared with that for which comparative burn data 
are available; and
    (C) Such supplemental information as the Director finds necessary to 
achieve the purposes of this paragraph.
    (ii) For a waiver of the DRE trial burn, the basis for selection of 
POHCs used in the other trial or operational burns which demonstrate 
compliance with the DRE performance standard in Sec. 266.104(a) of this 
chapter. This analysis should specify the constituents in appendix VIII, 
part 261 of this chapter, that the applicant has identified in the 
hazardous waste for which a permit is sought, and any differences from 
the POHCs in the hazardous waste for which burn data are provided.
    (b) Alternative HC limit for industrial furnaces with organic matter 
in raw materials. Owners and operators of industrial furnaces requesting 
an alternative HC limit under Sec. 266.104(f) of this chapter shall 
submit the following information at a minimum:
    (1) Documentation that the furnace is designed and operated to 
minimize HC emissions from fuels and raw materials;
    (2) Documentation of the proposed baseline flue gas HC (and CO) 
concentration, including data on HC (and CO) levels during tests when 
the facility produced normal products under normal operating conditions 
from normal raw materials while burning normal fuels and when not 
burning hazardous waste;

[[Page 336]]

    (3) Test burn protocol to confirm the baseline HC (and CO) level 
including information on the type and flow rate of all feedstreams, 
point of introduction of all feedstreams, total organic carbon content 
(or other appropriate measure of organic content) of all nonfuel 
feedstreams, and operating conditions that affect combustion of fuel(s) 
and destruction of hydrocarbon emissions from nonfuel sources;
    (4) Trial burn plan to:
    (i) Demonstrate that flue gas HC (and CO) concentrations when 
burning hazardous waste do not exceed the baseline HC (and CO) level; 
and
    (ii) Identify the types and concentrations of organic compounds 
listed in appendix VIII, part 261 of this chapter, that are emitted when 
burning hazardous waste in conformance with procedures prescribed by the 
Director;
    (5) Implementation plan to monitor over time changes in the 
operation of the facility that could reduce the baseline HC level and 
procedures to periodically confirm the baseline HC level; and
    (6) Such other information as the Director finds necessary to 
achieve the purposes of this paragraph.
    (c) Alternative metals implementation approach. When seeking to be 
permitted under an alternative metals implementation approach under 
Sec. 266.106(f) of this chapter, the owner or operator must submit 
documentation specifying how the approach ensures compliance with the 
metals emissions standards of Sec. 266.106(c) or (d) and how the 
approach can be effectively implemented and monitored. Further, the 
owner or operator shall provide such other information that the Director 
finds necessary to achieve the purposes of this paragraph.
    (d) Automatic waste feed cutoff system. Owners and operators shall 
submit information describing the automatic waste feed cutoff system, 
including any pre-alarm systems that may be used.
    (e) Direct transfer. Owners and operators that use direct transfer 
operations to feed hazardous waste from transport vehicles (containers, 
as defined in Sec. 266.111 of this chapter) directly to the boiler or 
industrial furnace shall submit information supporting conformance with 
the standards for direct transfer provided by Sec. 266.111 of this 
chapter.
    (f) Residues. Owners and operators that claim that their residues 
are excluded from regulation under the provisions of Sec. 266.112 of 
this chapter must submit information adequate to demonstrate conformance 
with those provisions.

[56 FR 7235, Feb. 21, 1991; 56 FR 32691, July 17, 1991]



Sec. 270.23  Specific part B information requirements for miscellaneous units.

    Except as otherwise provided in Sec. 264.600, owners and operators 
of facilities that treat, store, or dispose of hazardous waste in 
miscellaneous units must provide the following additional information:
    (a) A detailed description of the unit being used or proposed for 
use, including the following:
    (1) Physical characteristics, materials of construction, and 
dimensions of the unit;
    (2) Detailed plans and engineering reports describing how the unit 
will be located, designed, constructed, operated, maintained, monitored, 
inspected, and closed to comply with the requirements of Secs. 264.601 
and 264.602; and
    (3) For disposal units, a detailed description of the plans to 
comply with the post-closure requirements of Sec. 264.603.
    (b) Detailed hydrologic, geologic, and meteorologic assessments and 
land-use maps for the region surrounding the site that address and 
ensure compliance of the unit with each factor in the environmental 
performance standards of Sec. 264.601. If the applicant can demonstrate 
that he does not violate the environmental performance standards of 
Sec. 264.601 and the Director agrees with such demonstration, 
preliminary hydrologic, geologic, and meteorologic assessments will 
suffice.
    (c) Information on the potential pathways of exposure of humans or 
environmental receptors to hazardous waste or hazardous constituents and 
on the potential magnitude and nature of such exposures.
    (d) For any treatment unit, a report on a demonstration of the 
effectiveness

[[Page 337]]

of the treatment based on laboratory or field data.
    (e) Any additional information determined by the Director to be 
necessary for evaluation of compliance of the unit with the 
environmental performance standards of Sec. 264.601.



Sec. 270.24  Specific part B information requirements for process vents.

    Except as otherwise provided in Sec. 264.1, owners and operators of 
facilities that have process vents to which subpart AA of part 264 
applies must provide the following additional information:
    (a) For facilities that cannot install a closed-vent system and 
control device to comply with the provisions of 40 CFR 264 subpart AA on 
the effective date that the facility becomes subject to the provisions 
of 40 CFR 264 or 265 subpart AA, an implementation schedule as specified 
in Sec. 264.1033(a)(2).
    (b) Documentation of compliance with the process vent standards in 
Sec. 264.1032, including:
    (1) Information and data identifying all affected process vents, 
annual throughput and operating hours of each affected unit, estimated 
emission rates for each affected vent and for the overall facility 
(i.e., the total emissions for all affected vents at the facility), and 
the approximate location within the facility of each affected unit 
(e.g., identify the hazardous waste management units on a facility plot 
plan).
    (2) Information and data supporting estimates of vent emissions and 
emission reduction achieved by add-on control devices based on 
engineering calculations or source tests. For the purpose of determining 
compliance, estimates of vent emissions and emission reductions must be 
made using operating parameter values (e.g., temperatures, flow rates, 
or concentrations) that represent the conditions that exist when the 
waste management unit is operating at the highest load or capacity level 
reasonably expected to occur.
    (3) Information and data used to determine whether or not a process 
vent is subject to the requirements of Sec. 264.1032.
    (c) Where an owner or operator applies for permission to use a 
control device other than a thermal vapor incinerator, catalytic vapor 
incinerator, flare, boiler, process heater, condenser, or carbon 
adsorption system to comply with the requirements of Sec. 264.1032, and 
chooses to use test data to determine the organic removal efficiency or 
the total organic compound concentration achieved by the control device, 
a performance test plan as specified in Sec. 264.1035(b)(3).
    (d) Documentation of compliance with Sec. 264.1033, including:
    (1) A list of all information references and sources used in 
preparing the documentation.
    (2) Records, including the dates, of each compliance test required 
by Sec. 264.1033(k).
    (3) A design analysis, specifications, drawings, schematics, and 
piping and instrumentation diagrams based on the appropriate sections of 
``APTI Course 415: Control of Gaseous Emissions'' (incorporated by 
reference as specified in Sec. 260.11) or other engineering texts 
acceptable to the Regional Administrator that present basic control 
device design information. The design analysis shall address the vent 
stream characteristics and control device operation parameters as 
specified in Sec. 264.1035 (b)(4)(iii).
    (4) A statement signed and dated by the owner or operator certifying 
that the operating parameters used in the design analysis reasonably 
represent the conditions that exist when the hazardous waste management 
unit is or would be operating at the highest load or capacity level 
reasonably expected to occur.
    (5) A statement signed and dated by the owner or operator certifying 
that the control device is designed to operate at an efficiency of 95 
weight percent or greater unless the total organic emission limits of 
Sec. 264.1032(a) for affected process vents at the facility can be 
attained by a control device involving vapor recovery at an efficiency 
less than 95 weight percent.

[55 FR 25518, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]

[[Page 338]]



Sec. 270.25  Specific part B information requirements for equipment.

    Except as otherwise provided in Sec. 264.1, owners and operators of 
facilities that have equipment to which subpart BB of part 264 applies 
must provide the following additional information:
    (a) For each piece of equipment to which subpart BB of part 264 
applies:
    (1) Equipment identification number and hazardous waste management 
unit identification.
    (2) Approximate locations within the facility (e.g., identify the 
hazardous waste management unit on a facility plot plan).
    (3) Type of equipment (e.g., a pump or pipeline valve).
    (4) Percent by weight total organics in the hazardous waste stream 
at the equipment.
    (5) Hazardous waste state at the equipment (e.g., gas/vapor or 
liquid).
    (6) Method of compliance with the standard (e.g., ``monthly leak 
detection and repair'' or ``equipped with dual mechanical seals'').
    (b) For facilities that cannot install a closed-vent system and 
control device to comply with the provisions of 40 CFR 264 subpart BB on 
the effective date that the facility becomes subject to the provisions 
of 40 CFR 264 or 265 subpart BB, an implementation schedule as specified 
in Sec. 264.1033(a)(2).
    (c) Where an owner or operator applies for permission to use a 
control device other than a thermal vapor incinerator, catalytic vapor 
incinerator, flare, boiler, process heater, condenser, or carbon 
adsorption system and chooses to use test data to determine the organic 
removal efficiency or the total organic compound concentration achieved 
by the control device, a performance test plan as specified in 
Sec. 264.1035(b)(3).
    (d) Documentation that demonstrates compliance with the equipment 
standards in Secs. 264.1052 to 264.1059. This documentation shall 
contain the records required under Sec. 264.1064. The Regional 
Administrator may request further documentation before deciding if 
compliance has been demonstrated.
    (e) Documentation to demonstrate compliance with Sec. 264.1060 shall 
include the following information:
    (1) A list of all information references and sources used in 
preparing the documentation.
    (2) Records, including the dates, of each compliance test required 
by Sec. 264.1033(j).
    (3) A design analysis, specifications, drawings, schematics, and 
piping and instrumentation diagrams based on the appropriate sections of 
``ATPI Course 415: Control of Gaseous Emissions'' (incorporated by 
reference as specified in Sec. 260.11) or other engineering texts 
acceptable to the Regional Administrator that present basic control 
device design information. The design analysis shall address the vent 
stream characteristics and control device operation parameters as 
specified in Sec. 264.1035(b)(4)(iii).
    (4) A statement signed and dated by the owner or operator certifying 
that the operating parameters used in the design analysis reasonably 
represent the conditions that exist when the hazardous waste management 
unit is operating at the highest load or capacity level reasonably 
expected to occur.
    (5) A statement signed and dated by the owner or operator certifying 
that the control device is designed to operate at an efficiency of 95 
weight percent or greater.

[55 FR 25518, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]



Sec. 270.26  Special part B information requirements for drip pads.

    Except as otherwise provided by Sec. 264.1 of this chapter, owners 
and operators of hazardous waste treatment, storage, or disposal 
facilities that collect, store, or treat hazardous waste on drip pads 
must provide the following additional information:
    (a) A list of hazardous wastes placed or to be placed on each drip 
pad.
    (b) If an exemption is sought to subpart F of part 264 of this 
chapter, as provided by Sec. 264.90 of this chapter, detailed plans and 
an engineering report describing how the requirements of 
Sec. 264.90(b)(2) of this chapter will be met.
    (c) Detailed plans and an engineering report describing how the drip 
pad is or will be designed, constructed, operated

[[Page 339]]

and maintained to meet the requirements of Sec. 264.573 of this chapter, 
including the as-built drawings and specifications. This submission must 
address the following items as specified in Sec. 264.571 of this 
chapter:
    (1) The design characteristics of the drip pad;
    (2) The liner system;
    (3) The leakage detection system, including the leak detection 
system and how it is designed to detect the failure of the drip pad or 
the presence of any releases of hazardous waste or accumulated liquid at 
the earliest practicable time;
    (4) Practices designed to maintain drip pads;
    (5) The associated collection system;
    (6) Control of run-on to the drip pad;
    (7) Control of run-off from the drip pad;
    (8) The interval at which drippage and other materials will be 
removed from the associated collection system and a statement 
demonstrating that the interval will be sufficient to prevent overflow 
onto the drip pad;
    (9) Procedures for cleaning the drip pad at least once every seven 
days to ensure the removal of any accumulated residues of waste or other 
materials, including but not limited to rinsing, washing with detergents 
or other appropriate solvents, or steam cleaning and provisions for 
documenting the date, time, and cleaning procedure used each time the 
pad is cleaned.
    (10) Operating practices and procedures that will be followed to 
ensure that tracking of hazardous waste or waste constituents off the 
drip pad due to activities by personnel or equipment is minimized;
    (11) Procedures for ensuring that, after removal from the treatment 
vessel, treated wood from pressure and non-pressure processes is held on 
the drip pad until drippage has ceased, including recordkeeping 
practices;
    (12) Provisions for ensuring that collection and holding units 
associated with the run-on and run-off control systems are emptied or 
otherwise managed as soon as possible after storms to maintain design 
capacity of the system;
    (13) If treatment is carried out on the drip pad, details of the 
process equipment used, and the nature and quality of the residuals.
    (14) A description of how each drip pad, including appurtenances for 
control of run-on and run-off, will be inspected in order to meet the 
requirements of Sec. 264.573 of this chapter. This information should be 
included in the inspection plan submitted under Sec. 270.14(b)(5) of 
this part.
    (15) A certification signed by an independent qualified, registered 
professional engineer, stating that the drip pad design meets the 
requirements of paragraphs (a) through (f) of Sec. 264.573 of this 
chapter.
    (16) A description of how hazardous waste residues and contaminated 
materials will be removed from the drip pad at closure, as required 
under Sec. 264.575(a) of this chapter. For any waste not to be removed 
from the drip pad upon closure, the owner or operator must submit 
detailed plans and an engineering report describing how Sec. 264.310 (a) 
and (b) of this chapter will be complied with. This information should 
be included in the closure plan and, where applicable, the post-closure 
plan submitted under Sec. 270.14(b)(13).

[55 FR 50489, Dec. 6, 1990. Redesignated and amended at 56 FR 30198, 
July 1, 1991]



Sec. 270.27  Specific Part B information requirements for air emission controls for tanks, surface impoundments, and containers.

    (a) Except as otherwise provided in 40 CFR 264.1, owners and 
operators of tanks, surface impoundments, or containers that use air 
emission controls in accordance with the requirements of 40 CFR part 
264, subpart CC shall provide the following additional information:
    (1) Documentation for each floating roof cover installed on a tank 
subject to 40 CFR 264.1084(d)(1) or 40 CFR 264.1084(d)(2) that includes 
information prepared by the owner or operator or provided by the cover 
manufacturer or vendor describing the cover design, and certification by 
the owner or operator that the cover meets the applicable design 
specifications as listed in 40 CFR 264.1084(e)(1) or 40 CFR 
264.1084(f)(1).
    (2) Identification of each container area subject to the 
requirements of 40

[[Page 340]]

CFR part 264, subpart CC and certification by the owner or operator that 
the requirements of this subpart are met.
    (3) Documentation for each enclosure used to control air pollutant 
emissions from tanks or containers in accordance with the requirements 
of 40 CFR 264.1084(d)(5) or 40 CFR 264.1086(e)(1)(ii) that includes 
records for the most recent set of calculations and measurements 
performed by the owner or operator to verify that the enclosure meets 
the criteria of a permanent total enclosure as specified in ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, appendix B.
    (4) Documentation for each floating membrane cover installed on a 
surface impoundment in accordance with the requirements of 40 CFR 
264.1085(c) that includes information prepared by the owner or operator 
or provided by the cover manufacturer or vendor describing the cover 
design, and certification by the owner or operator that the cover meets 
the specifications listed in 40 CFR 264.1085(c)(1).
    (5) Documentation for each closed-vent system and control device 
installed in accordance with the requirements of 40 CFR 264.1087 that 
includes design and performance information as specified in Sec. 270.24 
(c) and (d) of this part.
    (6) An emission monitoring plan for both Method 21 in 40 CFR part 
60, appendix A and control device monitoring methods. This plan shall 
include the following information: monitoring point(s), monitoring 
methods for control devices, monitoring frequency, procedures for 
documenting exceedances, and procedures for mitigating noncompliances.
    (7) When an owner or operator of a facility subject to 40 CFR part 
265, subpart CC cannot comply with 40 CFR part 264, subpart CC by the 
date of permit issuance, the schedule of implementation required under 
40 CFR 265.1082.

[61 FR 59996, Nov. 25, 1996]



Sec. 270.28  Part B information requirements for post-closure permits.

    For post-closure permits, the owner or operator is required to 
submit only the information specified in Secs. 270.14(b)(1), (4), (5), 
(6), (11), (13), (14), (16), (18) and (19), (c), and (d), unless the 
Regional Administrator determines that additional information from 
Secs. 270.14, 270.16, 270.17, 270.18, 270.20, or 270.21 is necessary. 
The owner or operator is required to submit the same information when an 
alternative authority is used in lieu of a post-closure permit as 
provided in Sec. 270.1(c)(7).

[63 FR 56735, Oct. 22, 1998]



Sec. 270.29  Permit denial.

    The Director may, pursuant to the procedures in part 124, deny the 
permit application either in its entirety or as to the active life of a 
hazardous waste management facility or unit only.

[54 FR 9607, Mar. 7, 1989]



                      Subpart C--Permit Conditions



Sec. 270.30  Conditions applicable to all permits.

    The following conditions apply to all RCRA permits, and shall be 
incorporated into the permits either expressly or by reference. If 
incorporated by reference, a specific citation to these regulations (or 
the corresponding approved State regulations) must be given in the 
permit.
    (a) Duty to comply. The permittee must comply with all conditions of 
this permit, except that the permittee need not comply with the 
conditions of this permit to the extent and for the duration such 
noncompliance is authorized in an emergency permit. (See Sec. 270.61). 
Any permit noncompliance, except under the terms of an emergency permit, 
constitutes a violation of the appropriate Act and is grounds for 
enforcement action; for permit termination, revocation and reissuance, 
or modification; or for denial of a permit renewal application.
    (b) Duty to reapply. If the permittee wishes to continue an activity 
regulated by this permit after the expiration date of this permit, the 
permittee must apply for and obtain a new permit.
    (c) Need to halt or reduce activity not a defense. It shall not be a 
defense for a permittee in an enforcement action that it would have been 
necessary to

[[Page 341]]

halt or reduce the permitted activity in order to maintain compliance 
with the conditions of this permit.
    (d) In the event of noncompliance with the permit, the permittee 
shall take all reasonable steps to minimize releases to the environment, 
and shall carry out such measures as are reasonable to prevent 
significant adverse impacts on human health or the environment.
    (e) Proper operation and maintenance. The permittee shall at all 
times properly operate and maintain all facilities and systems of 
treatment and control (and related appurtenances) which are installed or 
used by the permittee to achieve compliance with the conditions of this 
permit. Proper operation and maintenance includes effective performance, 
adequate funding, adequate operator staffing and training, and adequate 
laboratory and process controls, including appropriate quality assurance 
procedures. This provision requires the operation of back-up or 
auxiliary facilities or similar systems only when necessary to achieve 
compliance with the conditions of the permit.
    (f) Permit actions. This permit may be modified, revoked and 
reissued, or terminated for cause. The filing of a request by the 
permittee for a permit modification, revocation and reissuance, or 
termination, or a notification of planned changes or anticipated 
noncompliance, does not stay any permit condition.
    (g) Property rights. The permit does not convey any property rights 
of any sort, or any exclusive privilege.
    (h) Duty to provide information. The permittee shall furnish to the 
Director, within a reasonable time, any relevant information which the 
Director may request to determine whether cause exists for modifying, 
revoking and reissuing, or terminating this permit, or to determine 
compliance with this permit. The permittee shall also furnish to the 
Director, upon request, copies of records required to be kept by this 
permit.
    (i) Inspection and entry. The permittee shall allow the Director, or 
an authorized representative, upon the presentation of credentials and 
other documents as may be required by law to:
    (1) Enter at reasonable times upon the permittee's premises where a 
regulated facility or activity is located or conducted, or where records 
must be kept under the conditions of this permit;
    (2) Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of this permit;
    (3) Inspect at reasonable times any facilities, equipment (including 
monitoring and control equipment), practices, or operations regulated or 
required under this permit; and
    (4) Sample or monitor at reasonable times, for the purposes of 
assuring permit compliance or as otherwise authorized by RCRA, any 
substances or parameters at any location.
    (j) Monitoring and records. (1) Samples and measurements taken for 
the purpose of monitoring shall be representative of the monitored 
activity.
    (2) The permittee shall retain records of all monitoring 
information, including all calibration and maintenance records and all 
original strip chart recordings for continuous monitoring 
instrumentation, copies of all reports required by this permit, the 
certification required by Sec. 264.73(b)(9) of this chapter, and records 
of all data used to complete the application for this permit, for a 
period of at least 3 years from the date of the sample, measurement, 
report, certification, or application. This period may be extended by 
request of the Director at any time. The permittee shall maintain 
records from all ground-water monitoring wells and associated ground-
water surface elevations, for the active life of the facility, and for 
disposal facilities for the post-closure care period as well.
    (3) Records for monitoring information shall include:
    (i) The date, exact place, and time of sampling or measurements;
    (ii) The individual(s) who performed the sampling or measurements;
    (iii) The date(s) analyses were performed;
    (iv) The individual(s) who performed the analyses;
    (v) The analytical techniques or methods used; and
    (vi) The results of such analyses.

[[Page 342]]

    (k) Signatory requirements. All applications, reports, or 
information submitted to the Director shall be signed and certified (See 
Sec. 270.11.)
    (l) Reporting requirements--(1) Planned changes. The permittee shall 
give notice to the Director as soon as possible of any planned physical 
alterations or additions to the permitted facility.
    (2) Anticipated noncompliance. The permittee shall give advance 
notice to the Director of any planned changes in the permitted facility 
or activity which may result in noncompliance with permit requirements. 
For a new facility, the permittee may not treat, store, or dispose of 
hazardous waste; and for a facility being modified, the permittee may 
not treat, store, or dispose of hazardous waste in the modified portion 
of the facility except as provided in Sec. 270.42, until:
    (i) The permittee has submitted to the Director by certified mail or 
hand delivery a letter signed by the permittee and a registered 
professional engineer stating that the facility has been constructed or 
modified in compliance with the permit; and
    (ii)(A) The Director has inspected the modified or newly constructed 
facility and finds it is in compliance with the conditions of the 
permit; or
    (B) Within 15 days of the date of submission of the letter in 
paragraph (l)(2)(i) of this section, the permittee has not received 
notice from the Director of his or her intent to inspect, prior 
inspection is waived and the permittee may commence treatment, storage, 
or disposal of hazardous waste.
    (3) Transfers. This permit is not transferable to any person except 
after notice to the Director. The Director may require modification or 
revocation and reissuance of the permit to change the name of the 
permittee and incorporate such other requirements as may be necessary 
under RCRA. (See Sec. 270.40)
    (4) Monitoring reports. Monitoring results shall be reported at the 
intervals specified elsewhere in this permit.
    (5) Compliance schedules. Reports of compliance or noncompliance 
with, or any progress reports on, interim and final requirements 
contained in any compliance schedule of this permit shall be submitted 
no later than 14 days following each schedule date.
    (6) Twenty-four hour reporting. (i) The permittee shall report any 
noncompliance which may endanger health or the environment orally within 
24 hours from the time the permittee becomes aware of the circumstances, 
including:
    (A) Information concerning release of any hazardous waste that may 
cause an endangerment to public drinking water supplies.
    (B) Any information of a release or discharge of hazardous waste or 
of a fire or explosion from the HWM facility, which could threaten the 
environment or human health outside the facility.
    (ii) The description of the occurrence and its cause shall include:
    (A) Name, address, and telephone number of the owner or operator;
    (B) Name, address, and telephone number of the facility;
    (C) Date, time, and type of incident;
    (D) Name and quantity of material(s) involved;
    (E) The extent of injuries, if any;
    (F) An assessment of actual or potential hazards to the environment 
and human health outside the facility, where this is applicable; and
    (G) Estimated quantity and disposition of recovered material that 
resulted from the incident.
    (iii) A written submission shall also be provided within 5 days of 
the time the permittee becomes aware of the circumstances. The written 
submission shall contain a description of the noncompliance and its 
cause; the period of noncompliance including exact dates and times, and 
if the noncompliance has not been corrected, the anticipated time it is 
expected to continue; and steps taken or planned to reduce, eliminate, 
and prevent reoccurrence of the noncompliance. The Director may waive 
the five day written notice requirement in favor of a written report 
within fifteen days.
    (7) Manifest discrepancy report: If a significant discrepancy in a 
manifest is discovered, the permittee must attempt to reconcile the 
discrepancy. If not resolved within fifteen days, the permittee must 
submit a letter report, including a copy of the manifest, to the 
Director. (See 40 CFR 264.72.)
    (8) Unmanifested waste report: This report must be submitted to the 
Director

[[Page 343]]

within 15 days of receipt of unmanifested waste. (See 40 CFR 264.76)
    (9) Biennial report: A biennial report must be submitted covering 
facility activities during odd numbered calendar years. (See 40 CFR 
264.75.)
    (10) Other noncompliance. The permittee shall report all instances 
of noncompliance not reported under paragraphs (l)(4), (5), and (6) of 
this section, at the time monitoring reports are submitted. The reports 
shall contain the information listed in paragraph (l)(6) of this 
section.
    (11) Other information. Where the permittee becomes aware that it 
failed to submit any relevant facts in a permit application, or 
submitted incorrect information in a permit application or in any report 
to the Director, it shall promptly submit such facts or information.
    (m) Information repository. The Director may require the permittee 
to establish and maintain an information repository at any time, based 
on the factors set forth in 40 CFR 124.33(b). The information repository 
will be governed by the provisions in 40 CFR 124.33(c) through (f).

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 48 
FR 39622, Sept. 1, 1983; 50 FR 28752, July 15, 1985; 53 FR 37935, Sept. 
28, 1988; 60 FR 63433, Dec. 11, 1995]



Sec. 270.31  Requirements for recording and reporting of monitoring results.

    All permits shall specify:
    (a) Requirements concerning the proper use, maintenance, and 
installation, when appropriate, of monitoring equipment or methods 
(including biological monitoring methods when appropriate);
    (b) Required monitoring including type, intervals, and frequency 
sufficient to yield data which are representative of the monitored 
activity including, when appropriate, continuous monitoring;
    (c) Applicable reporting requirements based upon the impact of the 
regulated activity and as specified in parts 264, 266 and 267. Reporting 
shall be no less frequent than specified in the above regulations.



Sec. 270.32  Establishing permit conditions.

    (a) In addition to conditions required in all permits (Sec. 270.30), 
the Director shall establish conditions, as required on a case-by-case 
basis, in permits under Secs. 270.50 (duration of permits), 270.33(a) 
(schedules of compliance), 270.31 (monitoring), and for EPA issued 
permits only, 270.33(b) (alternate schedules of compliance) and 270.3 
(considerations under Federal law).
    (b)(1) Each RCRA permit shall include permit conditions necessary to 
achieve compliance with the Act and regulations, including each of the 
applicable requirements specified in parts 264 and 266 through 268 of 
this chapter. In satisfying this provision, the Administrator may 
incorporate applicable requirements of parts 264 and 266 through 268 of 
this chapter directly into the permit or establish other permit 
conditions that are based on these parts.
    (2) Each permit issued under section 3005 of this act shall contain 
terms and conditions as the Administrator or State Director determines 
necessary to protect human health and the environment.
    (c) For a State issued permit, an applicable requirement is a State 
statutory or regulatory requirement which takes effect prior to final 
administrative disposition of a permit. For a permit issued by EPA, an 
applicable requirement is a statutory or regulatory requirement 
(including any interim final regulation) which takes effect prior to the 
issuance of the permit (except as provided in Sec. 124.86(c) for RCRA 
permits being processed under subpart E or F of part 124). Section 
124.14 (reopening of comment period) provides a means for reopening EPA 
permit proceedings at the discretion of the Director where new 
requirements become effective during the permitting process and are of 
sufficient magnitude to make additional proceedings desirable. For State 
and EPA administered programs, an applicable requirement is also any 
requirement which takes effect prior to the modification or revocation 
and reissuance of a permit, to the extent allowed in Sec. 270.41.

[[Page 344]]

    (d) New or reissued permits, and to the extent allowed under 
Sec. 270.41, modified or revoked and reissued permits, shall incorporate 
each of the applicable requirements referenced in this section and in 40 
CFR 270.31.
    (e) Incorporation. All permit conditions shall be incorporated 
either expressly or by reference. If incorporated by reference, a 
specific citation to the applicable regulations or requirements must be 
given in the permit.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985; 51 
FR 40653, Nov. 7, 1986]



Sec. 270.33  Schedules of compliance.

    (a) The permit may, when appropriate, specify a schedule of 
compliance leading to compliance with the Act and regulations.
    (1) Time for compliance. Any schedules of compliance under this 
section shall require compliance as soon as possible.
    (2) Interim dates. Except as provided in paragraph (b)(1)(ii) of 
this section, if a permit establishes a schedule of compliance which 
exceeds 1 year from the date of permit issuance, the schedule shall set 
forth interim requirements and the dates for their achievement.
    (i) The time between interim dates shall not exceed 1 year.
    (ii) If the time necessary for completion of any interim requirement 
is more than 1 year and is not readily divisible into stages for 
completion, the permit shall specify interim dates for the submission of 
reports of progress toward completion of the interim requirements and 
indicate a projected completion date.
    (3) Reporting. The permit shall be written to require that no later 
than 14 days following each interim date and the final date of 
compliance, the permittee shall notify the Director in writing, of its 
compliance or noncompliance with the interim or final requirements.
    (b) Alternative schedules of compliance. An RCRA permit applicant or 
permittee may cease conducting regulated activities (by receiving a 
terminal volume of hazardous waste and, for treatment and storage HWM 
facilities, closing pursuant to applicable requirements; and, for 
disposal HWM facilities, closing and conducting post-closure care 
pursuant to applicable requirements) rather than continue to operate and 
meet permit requirements as follows:
    (1) If the permittee decides to cease conducting regulated 
activities at a given time within the term of a permit which has already 
been issued:
    (i) The permit may be modified to contain a new or additional 
schedule leading to timely cessation of activities; or
    (ii) The permittee shall cease conducting permitted activities 
before noncompliance with any interim or final compliance schedule 
requirement already specified in the permit.
    (2) If the decision to cease conducting regulated activities is made 
before issuance of a permit whose term will include the termination 
date, the permit shall contain a schedule leading to termination which 
will ensure timely compliance with applicable requirements.
    (3) If the permittee is undecided whether to cease conducting 
regulated activities, the Director may issue or modify a permit to 
contain two schedules as follows:
    (i) Both schedules shall contain an identical interim deadline 
requiring a final decision on whether to cease conducting regulated 
activities no later than a date which ensures sufficient time to comply 
with applicable requirements in a timely manner if the decision is to 
continue conducting regulated activities;
    (ii) One schedule shall lead to timely compliance with applicable 
requirements;
    (iii) The second schedule shall lead to cessation of regulated 
activities by a date which will ensure timely compliance with applicable 
requirements;
    (iv) Each permit containing two schedules shall include a 
requirement that after the permittee has made a final decision under 
paragraph (b)(3)(i) of this section it shall follow the schedule leading 
to compliance if the decision is to continue conducting regulated 
activities, and follow the schedule leading to termination if the 
decision is to cease conducting regulated activities.
    (4) The applicant's or permittee's decision to cease conducting 
regulated

[[Page 345]]

activities shall be evidenced by a firm public commitment satisfactory 
to the Director, such as resolution of the board of directors of a 
corporation.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983]



                      Subpart D--Changes to Permit



Sec. 270.40  Transfer of permits.

    (a) A permit may be transferred by the permittee to a new owner or 
operator only if the permit has been modified or revoked and reissued 
(under Sec. 270.40(b) or Sec. 270.41(b)(2)) to identify the new 
permittee and incorporate such other requirements as may be necessary 
under the appropriate Act.
    (b) Changes in the ownership or operational control of a facility 
may be made as a Class 1 modification with prior written approval of the 
Director in accordance with Sec. 270.42. The new owner or operator must 
submit a revised permit application no later than 90 days prior to the 
scheduled change. A written agreement containing a specific date for 
transfer of permit responsibility between the current and new permittees 
must also be submitted to the Director. When a transfer of ownership or 
operational control occurs, the old owner or operator shall comply with 
the requirements of 40 CFR part 264, subpart H (Financial Requirements) 
until the new owner or operator has demonstrated that he or she is 
complying with the requirements of that subpart. The new owner or 
operator must demonstrate compliance with subpart H requirements within 
six months of the date of the change of ownership or operational control 
of the facility. Upon demonstration to the Director by the new owner or 
operator of compliance with subpart H, the Director shall notify the old 
owner or operator that he or she no longer needs to comply with subpart 
H as of the date of demonstration.

[53 FR 37935, Sept. 28, 1988]



Sec. 270.41  Modification or revocation and reissuance of permits.

    When the Director receives any information (for example, inspects 
the facility, receives information submitted by the permittee as 
required in the permit (see Sec. 270.30), receives a request for 
revocation and reissuance under Sec. 124.5 or conducts a review of the 
permit file), he or she may determine whether one or more of the causes 
listed in paragraphs (a) and (b) of this section for modification, or 
revocation and reissuance or both exist. If cause exists, the Director 
may modify or revoke and reissue the permit accordingly, subject to the 
limitations of paragraph (c) of this section, and may request an updated 
application if necessary. When a permit is modified, only the conditions 
subject to modification are reopened. If a permit is revoked and 
reissued, the entire permit is reopened and subject to revision and the 
permit is reissued for a new term. (See 40 CFR 124.5(c)(2).) If cause 
does not exist under this section, the Director shall not modify or 
revoke and reissue the permit, except on request of the permittee. If a 
permit modification is requested by the permittee, the Director shall 
approve or deny the request according to the procedures of 40 CFR 
270.42. Otherwise, a draft permit must be prepared and other procedures 
in part 124 (or procedures of an authorized State program) followed.
    (a) Causes for modification. The following are causes for 
modification, but not revocation and reissuance, of permits; the 
following may be causes for revocation and reissuance, as well as 
modification, when the permittee requests or agrees.
    (1) Alterations. There are material and substantial alterations or 
additions to the permitted facility or activity which occurred after 
permit issuance which justify the application of permit conditions that 
are different or absent in the existing permit.
    (2) Information. The Director has received information. Permits may 
be modified during their terms for this cause only if the information 
was not available at the time of permit issuance (other than revised 
regulations, guidance, or test methods) and would have justified the 
application of different permit conditions at the time of issuance.
    (3) New statutory requirements or regulations. The standards or 
regulations on which the permit was based have been

[[Page 346]]

changed by statute, through promulgation of new or amended standards or 
regulations, or by judicial decision after the permit was issued.
    (4) Compliance schedules. The Director determines good cause exists 
for modification of a compliance schedule, such as an act of God, 
strike, flood, or materials shortage or other events over which the 
permittee has little or no control and for which there is no reasonably 
available remedy.
    (5) Notwithstanding any other provision in this section, when a 
permit for a land disposal facility is reviewed by the Director under 
Sec. 270.50(d), the Director shall modify the permit as necessary to 
assure that the facility continues to comply with the currently 
applicable requirements in parts 124, 260 through 266, and 270.
    (b) Causes for modification or revocation and reissuance. The 
following are causes to modify or, alternatively, revoke and reissue a 
permit:
    (1) Cause exists for termination under Sec. 270.43, and the Director 
determines that modification or revocation and reissuance is 
appropriate.
    (2) The Director has received notification (as required in the 
permit, see Sec. 270.30(l)(3)) of a proposed transfer of the permit.
    (c) Facility siting. Suitability of the facility location will not 
be considered at the time of permit modification or revocation and 
reissuance unless new information or standards indicate that a threat to 
human health or the environmental exists which was unknown at the time 
of permit issuance.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 50 
FR 28752, July 15, 1985; 52 FR 45799, Dec. 1, 1987; 53 FR 37936, Sept. 
28, 1988]



Sec. 270.42  Permit modification at the request of the permittee.

    (a) Class 1 modifications. (1) Except as provided in paragraph 
(a)(2) of this section, the permittee may put into effect Class 1 
modifications listed in appendix I of this section under the following 
conditions:
    (i) The permittee must notify the Director concerning the 
modification by certified mail or other means that establish proof of 
delivery within 7 calendar days after the change is put into effect. 
This notice must specify the changes being made to permit conditions or 
supporting documents referenced by the permit and must explain why they 
are necessary. Along with the notice, the permittee must provide the 
applicable information required by Secs. 270.13 through 270.21, 270.62, 
and 270.63.
    (ii) The permittee must send a notice of the modification to all 
persons on the facility mailing list, maintained by the Director in 
accordance with 40 CFR 124.10(c)(viii), and the appropriate units of 
State and local government, as specified in 40 CFR 124.10(c)(ix). This 
notification must be made within 90 calendar days after the change is 
put into effect. For the Class I modifications that require prior 
Director approval, the notification must be made within 90 calendar days 
after the Director approves the request.
    (iii) Any person may request the Director to review, and the 
Director may for cause reject, any Class 1 modification. The Director 
must inform the permittee by certified mail that a Class 1 modification 
has been rejected, explaining the reasons for the rejection. If a Class 
1 modification has been rejected, the permittee must comply with the 
original permit conditions.
    (2) Class 1 permit modifications identified in appendix I by an 
asterisk may be made only with the prior written approval of the 
Director.
    (3) For a Class 1 permit modification, the permittee may elect to 
follow the procedures in Sec. 270.42(b) for Class 2 modifications 
instead of the Class 1 procedures. The permittee must inform the 
Director of this decision in the notice required in Sec. 270.42(b)(1).
    (b) Class 2 modifications. (1) For Class 2 modifications, listed in 
appendix I of this section, the permittee must submit a modification 
request to the Director that:
    (i) Describes the exact change to be made to the permit conditions 
and supporting documents referenced by the permit;
    (ii) Identifies that the modification is a Class 2 modification;
    (iii) Explains why the modification is needed; and

[[Page 347]]

    (iv) Provides the applicable information required by Secs. 270.13 
through 270.21, 270.62, and 270.63.
    (2) The permittee must send a notice of the modification request to 
all persons on the facility mailing list maintained by the Director and 
to the appropriate units of State and local government as specified in 
40 CFR 124.10(c)(ix) and must publish this notice in a major local 
newspaper of general circulation. This notice must be mailed and 
published within 7 days before or after the date of submission of the 
modification request, and the permittee must provide to the Director 
evidence of the mailing and publication. The notice must include:
    (i) Announcement of a 60-day comment period, in accordance with 
Sec. 270.42(b)(5), and the name and address of an Agency contact to whom 
comments must be sent;
    (ii) Announcement of the date, time, and place for a public meeting 
held in accordance with Sec. 270.42(b)(4);
    (iii) Name and telephone number of the permittee's contact person;
    (iv) Name and telephone number of an Agency contact person;
    (v) Location where copies of the modification request and any 
supporting documents can be viewed and copied; and
    (vi) The following statement: ``The permittee's compliance history 
during the life of the permit being modified is available from the 
Agency contact person.''
    (3) The permittee must place a copy of the permit modification 
request and supporting documents in a location accessible to the public 
in the vicinity of the permitted facility.
    (4) The permittee must hold a public meeting no earlier than 15 days 
after the publication of the notice required in paragraph (b)(2) of this 
section and no later than 15 days before the close of the 60-day comment 
period. The meeting must be held to the extent practicable in the 
vicinity of the permitted facility.
    (5) The public shall be provided 60 days to comment on the 
modification request. The comment period will begin on the date the 
permittee publishes the notice in the local newspaper. Comments should 
be submitted to the Agency contact identified in the public notice.
    (6)(i) No later than 90 days after receipt of the notification 
request, the Director must:
    (A) Approve the modification request, with or without changes, and 
modify the permit accordingly;
    (B) Deny the request;
    (C) Determine that the modification request must follow the 
procedures in Sec. 270.42(c) for Class 3 modifications for the following 
reasons:
    (1) There is significant public concern about the proposed 
modification; or
    (2) The complex nature of the change requires the more extensive 
procedures of Class 3.
    (D) Approve the request, with or without changes, as a temporary 
authorization having a term of up to 180 days, or
    (E) Notify the permittee that he or she will decide on the request 
within the next 30 days.
    (ii) If the Director notifies the permittee of a 30-day extension 
for a decision, the Director must, no later than 120 days after receipt 
of the modification request:
    (A) Approve the modification request, with or without changes, and 
modify the permit accordingly;
    (B) Deny the request; or
    (C) Determine that the modification request must follow the 
procedures in Sec. 270.42(c) for Class 3 modifications for the following 
reasons:
    (1) There is significant public concern about the proposed 
modification; or
    (2) The complex nature of the change requires the more extensive 
procedures of Class 3.
    (D) Approve the request, with or without changes, as a temporary 
authorization having a term of up to 180 days.
    (iii) If the Director fails to make one of the decisions specified 
in paragraph (b)(6)(ii) of this section by the 120th day after receipt 
of the modification request, the permittee is automatically authorized 
to conduct the activities described in the modification request for up 
to 180 days, without formal Agency action. The authorized activities 
must be conducted as described in the permit

[[Page 348]]

modification request and must be in compliance with all appropriate 
standards of 40 CFR part 265. If the Director approves, with or without 
changes, or denies the modification request during the term of the 
temporary or automatic authorization provided for in paragraphs (b)(6) 
(i), (ii), or (iii) of this section, such action cancels the temporary 
or automatic authorization.
    (iv)(A) In the case of an automatic authorization under paragraph 
(b)(6)(iii) of this section, or a temporary authorization under 
paragraph (b)(6) (i)(D) or (ii)(D) of this section, if the Director has 
not made a final approval or denial of the modification request by the 
date 50 days prior to the end of the temporary or automatic 
authorization, the permittee must within seven days of that time send a 
notification to persons on the facility mailing list, and make a 
reasonable effort to notify other persons who submitted written comments 
on the modification request, that:
    (1) The permittee has been authorized temporarily to conduct the 
activities described in the permit modification request, and
    (2) Unless the Director acts to give final approval or denial of the 
request by the end of the authorization period, the permittee will 
receive authorization to conduct such activities for the life of the 
permit.
    (B) If the owner/operator fails to notify the public by the date 
specified in paragraph (b)(6)(iv)(A) of this section, the effective date 
of the permanent authorization will be deferred until 50 days after the 
owner/operator notifies the public.
    (v) Except as provided in paragraph (b)(6)(vii) of this section, if 
the Director does not finally approve or deny a modification request 
before the end of the automatic or temporary authorization period or 
reclassify the modification as a Class 3, the permittee is authorized to 
conduct the activities described in the permit modification request for 
the life of the permit unless modified later under Sec. 270.41 or 
Sec. 270.42. The activities authorized under this paragraph must be 
conducted as described in the permit modification request and must be in 
compliance with all appropriate standards of 40 CFR part 265.
    (vi) In making a decision to approve or deny a modification request, 
including a decision to issue a temporary authorization or to reclassify 
a modification as a Class 3, the Director must consider all written 
comments submitted to the Agency during the public comment period and 
must respond in writing to all significant comments in his or her 
decision.
    (vii) With the written consent of the permittee, the Director may 
extend indefinitely or for a specified period the time periods for final 
approval or denial of a modification request or for reclassifying a 
modification as a Class 3.
    (7) The Director may deny or change the terms of a Class 2 permit 
modification request under paragraphs (b)(6) (i) through (iii) of this 
section for the following reasons:
    (i) The modification request is incomplete;
    (ii) The requested modification does not comply with the appropriate 
requirements of 40 CFR part 264 or other applicable requirements; or
    (iii) The conditions of the modification fail to protect human 
health and the environment.
    (8) The permittee may perform any construction associated with a 
Class 2 permit modification request beginning 60 days after the 
submission of the request unless the Director establishes a later date 
for commencing construction and informs the permittee in writing before 
day 60.
    (c) Class 3 modifications. (1) For Class 3 modifications listed in 
appendix I of this section, the permittee must submit a modification 
request to the Director that:
    (i) Describes the exact change to be made to the permit conditions 
and supporting documents referenced by the permit;
    (ii) Identifies that the modification is a Class 3 modification;
    (iii) Explains why the modification is needed; and
    (iv) Provides the applicable information required by 40 CFR 270.13 
through 270.22, 270.62, 270.63, and 270.66.

[[Page 349]]

    (2) The permittee must send a notice of the modification request to 
all persons on the facility mailing list maintained by the Director and 
to the appropriate units of State and local government as specified in 
40 CFR 124.10(c)(ix) and must publish this notice in a major local 
newspaper of general circulation. This notice must be mailed and 
published within seven days before or after the date of submission of 
the modification request, and the permittee must provide to the Director 
evidence of the mailing and publication. The notice must include:
    (i) Announcement of a 60-day comment period, and a name and address 
of an Agency contact to whom comments must be sent;
    (ii) Announcement of the date, time, and place for a public meeting 
on the modification request, in accordance with Sec. 270.42(c)(4);
    (iii) Name and telephone number of the permittee's contact person;
    (iv) Name and telephone number of an Agency contact person;
    (v) Location where copies of the modification request and any 
supporting documents can be viewed and copied; and
    (vi) The following statement: ``The permittee's compliance history 
during the life of the permit being modified is available from the 
Agency contact person.''
    (3) The permittee must place a copy of the permit modification 
request and supporting documents in a location accessible to the public 
in the vicinity of the permitted facility.
    (4) The permittee must hold a public meeting no earlier than 15 days 
after the publication of the notice required in paragraph (c)(2) of this 
section and no later than 15 days before the close of the 60-day comment 
period. The meeting must be held to the extent practicable in the 
vicinity of the permitted facility.
    (5) The public shall be provided at least 60 days to comment on the 
modification request. The comment period will begin on the date the 
permittee publishes the notice in the local newspaper. Comments should 
be submitted to the Agency contact identified in the notice.
    (6) After the conclusion of the 60-day comment period, the Director 
must grant or deny the permit modification request according to the 
permit modification procedures of 40 CFR part 124. In addition, the 
Director must consider and respond to all significant written comments 
received during the 60-day comment period.
    (d) Other modifications. (1) In the case of modifications not 
explicitly listed in appendix I of this section, the permittee may 
submit a Class 3 modification request to the Agency, or he or she may 
request a determination by the Director that the modification should be 
reviewed and approved as a Class 1 or Class 2 modification. If the 
permittee requests that the modification be classified as a Class 1 or 2 
modification, he or she must provide the Agency with the necessary 
information to support the requested classification.
    (2) The Director shall make the determination described in paragraph 
(d)(1) of this section as promptly as practicable. In determining the 
appropriate class for a specific modification, the Director shall 
consider the similarity of the modification to other modifications 
codified in appendix I and the following criteria:
    (i) Class 1 modifications apply to minor changes that keep the 
permit current with routine changes to the facility or its operation. 
These changes do no substantially alter the permit conditions or reduce 
the capacity of the facility to protect human health or the environment. 
In the case of Class 1 modifications, the Director may require prior 
approval.
    (ii) Class 2 modifications apply to changes that are necessary to 
enable a permittee to respond, in a timely manner, to,
    (A) Common variations in the types and quantities of the wastes 
managed under the facility permit,
    (B) Technological advancements, and
    (C) Changes necessary to comply with new regulations, where these 
changes can be implemented without substantially changing design 
specifications or management practices in the permit.
    (iii) Class 3 modifications substantially alter the facility or its 
operation.

[[Page 350]]

    (e) Temporary authorizations. (1) Upon request of the permittee, the 
Director may, without prior public notice and comment, grant the 
permittee a temporary authorization in accordance with this subsection. 
Temporary authorizations must have a term of not more than 180 days.
    (2)(i) The permittee may request a temporary authorization for:
    (A) Any Class 2 modification meeting the criteria in paragraph 
(e)(3)(ii) of this section, and
    (B) Any Class 3 modification that meets the criteria in paragraph 
(3)(ii) (A) or (B) of this section; or that meets the criteria in 
paragraphs (3)(ii) (C) through (E) of this section and provides improved 
management or treatment of a hazardous waste already listed in the 
facility permit.
    (ii) The temporary authorization request must include:
    (A) A description of the activities to be conducted under the 
temporary authorization;
    (B) An explanation of why the temporary authorization is necessary; 
and
    (C) Sufficient information to ensure compliance with 40 CFR part 264 
standards.
    (iii) The permittee must send a notice about the temporary 
authorization request to all persons on the facility mailing list 
maintained by the Director and to appropriate units of State and local 
governments as specified in 40 CFR 124.10(c)(ix). This notification must 
be made within seven days of submission of the authorization request.
    (3) The Director shall approve or deny the temporary authorization 
as quickly as practical. To issue a temporary authorization, the 
Director must find:
    (i) The authorized activities are in compliance with the standards 
of 40 CFR part 264.
    (ii) The temporary authorization is necessary to achieve one of the 
following objectives before action is likely to be taken on a 
modification request:
    (A) To facilitate timely implementation of closure or corrective 
action activities;
    (B) To allow treatment or storage in tanks or containers, or in 
containment buildings in accordance with 40 CFR part 268;
    (C) To prevent disruption of ongoing waste management activities;
    (D) To enable the permittee to respond to sudden changes in the 
types or quantities of the wastes managed under the facility permit; or
    (E) To facilitate other changes to protect human health and the 
environment.
    (4) A temporary authorization may be reissued for one additional 
term of up to 180 days provided that the permittee has requested a Class 
2 or 3 permit modification for the activity covered in the temporary 
authorization, and:
    (i) The reissued temporary authorization constitutes the Director's 
decision on a Class 2 permit modification in accordance with paragraph 
(b)(6)(i)(D) or (ii)(D) of this section, or
    (ii) The Director determines that the reissued temporary 
authorization involving a Class 3 permit modification request is 
warranted to allow the authorized activities to continue while the 
modification procedures of paragraph (c) of this section are conducted.
    (f) Public notice and appeals of permit modification decisions. (1) 
The Director shall notify persons on the facility mailing list and 
appropriate units of State and local government within 10 days of any 
decision under this section to grant or deny a Class 2 or 3 permit 
modification request. The Director shall also notify such persons within 
10 days after an automatic authorization for a Class 2 modification goes 
into effect under Sec. 270.42(b)(6) (iii) or (v).
    (2) The Director's decision to grant or deny a Class 2 or 3 permit 
modification request under this section may be appealed under the permit 
appeal procedures of 40 CFR 124.19.
    (3) An automatic authorization that goes into effect under 
Sec. 270.42(b)(6) (iii) or (v) may be appealed under the permit appeal 
procedures of 40 CFR 124.19; however, the permittee may continue to 
conduct the activities pursuant to the automatic authorization until the 
appeal has been granted pursuant to Sec. 124.19(c), notwithstanding the 
provisions of Sec. 124.15(b).

[[Page 351]]

    (g) Newly regulated wastes and units. (1) The permittee is 
authorized to continue to manage wastes listed or identified as 
hazardous under part 261 of this chapter, or to continue to manage 
hazardous waste in units newly regulated as hazardous waste management 
units, if:
    (i) The unit was in existence as a hazardous waste facility with 
respect to the newly listed or characterized waste or newly regulated 
waste management unit on the effective date of the final rule listing or 
identifying the waste, or regulating the unit;
    (ii) The permittee submits a Class 1 modification request on or 
before the date on which the waste or unit becomes subject to the new 
requirements;
    (iii) The permittee is in compliance with the applicable standards 
of 40 CFR parts 265 and 266 of this chapter;
    (iv) The permittee also submits a complete Class 2 or 3 modification 
request within 180 days of the effective date of the rule listing or 
identifying the waste, or subjecting the unit to RCRA Subtitle C 
management standards;
    (v) In the case of land disposal units, the permittee certifies that 
each such unit is in compliance with all applicable requirements of part 
265 of this chapter for groundwater monitoring and financial 
responsibility on the date 12 months after the effective date of the 
rule identifying or listing the waste as hazardous, or regulating the 
unit as a hazardous waste management unit. If the owner or operator 
fails to certify compliance with all these requirements, he or she will 
lose authority to operate under this section.
    (2) New wastes or units added to a facility's permit under this 
subsection do not constitute expansions for the purpose of the 25 
percent capacity expansion limit for Class 2 modifications.
    (h) Military hazardous waste munitions treatment and disposal. The 
permittee is authorized to continue to accept waste military munitions 
notwithstanding any permit conditions barring the permittee from 
accepting off-site wastes, if:
    (1) The facility was in existence as a hazardous waste facility, and 
the facility was already permitted to handle the waste military 
munitions, on the date when the waste military munitions became subject 
to hazardous waste regulatory requirements;
    (2) On or before the date when the waste military munitions become 
subject to hazardous waste regulatory requirements, the permittee 
submits a Class 1 modification request to remove or amend the permit 
provision restricting the receipt of off-site waste munitions; and
    (3) The permittee submits a complete Class 2 modification request 
within 180 days of the date when the waste military munitions became 
subject to hazardous waste regulatory requirements.
    (i) Permit modification list. The Director must maintain a list of 
all approved permit modifications and must publish a notice once a year 
in a State-wide newspaper that an updated list is available for review.
    (j) Combustion facility changes to meet part 63 MACT standards. The 
following procedures apply to hazardous waste combustion facility permit 
modifications requested under Appendix I of this section, section L(9).
    (1) Facility owners or operators must comply with the Notification 
of Intent to Comply (NIC) requirements of 40 CFR 63.1211 before a permit 
modification can be requested under this section.
    (2) If the Director does not approve or deny the request within 90 
days of receiving it, the request shall be deemed approved. The Director 
may, at his or her discretion, extend this 90 day deadline one time for 
up to 30 days by notifying the facility owner or operator.

    Appendix I to Sec.  270.42--Classification of Permit Modification
------------------------------------------------------------------------
                         Modifications                            Class
------------------------------------------------------------------------
A. General Permit Provisions
  1. Administrative and informational changes..................        1
  2. Correction of typographical errors........................        1
  3. Equipment replacement or upgrading with functionally              1
   equivalent components (e.g., pipes, valves, pumps,
   conveyors, controls)........................................

[[Page 352]]

 
  4. Changes in the frequency of or procedures for monitoring,
   reporting, sampling, or maintenance activities by the
   permittee:
    a. To provide for more frequent monitoring, reporting,             1
     sampling, or maintenance..................................
    b. Other changes...........................................        2
  5. Schedule of compliance:
    a. Changes in interim compliance dates, with prior approval    \1\ 1
     of the Director...........................................
    b. Extension of final compliance date......................        3
  6. Changes in expiration date of permit to allow earlier         \1\ 1
   permit termination, with prior approval of the Director.....
  7. Changes in ownership or operational control of a facility,    \1\ 1
   provided the procedures of Sec.  270.40(b) are followed.....
B. General Facility Standards
  1. Changes to waste sampling or analysis methods:
    a. To conform with agency guidance or regulations..........        1
    b. To incorporate changes associated with F039 (multi-             1
     source leachate) sampling or analysis methods.............
    c. To incorporate changes associated with underlying           \1\ 1
     hazardous constituents in ignitable or corrosive wastes...
    d. Other changes...........................................        2
  2. Changes to analytical quality assurance/control plan:
    a. To conform with agency guidance or regulations..........        1
    b. Other changes...........................................        2
  3. Changes in procedures for maintaining the operating record        1
  4. Changes in frequency or content of inspection schedules...        2
  5. Changes in the training plan:
    a. That affect the type or decrease the amount of training         2
     given to employees........................................
    b. Other changes...........................................        1
  6. Contingency plan:
    a. Changes in emergency procedures (i.e., spill or release         2
     response procedures)......................................
    b. Replacement with functionally equivalent equipment,             1
     upgrade, or relocate emergency equipment listed...........
    c. Removal of equipment from emergency equipment list......        2
    d. Changes in name, address, or phone number of                    1
     coordinators or other persons or agencies identified in
     the plan..................................................
  7. Construction quality assurance plan:
    a. Changes that the CQA officer certifies in the operating         1
     record will provide equivalent or better certainty that
     the unit components meet the design specifications........
    b. Other changes...........................................        2
 
Note: When a permit modification (such as introduction of a new
   unit) requires a change in facility plans or other general
  facility standards, that change shall be reviewed under the
          same procedures as the permit modification.
 
C. Ground-Water Protection
  1. Changes to wells:
    a. Changes in the number, location, depth, or design of            2
     upgradient or downgradient wells of permitted ground-water
     monitoring system.........................................
    b. Replacement of an existing well that has been damaged or        1
     rendered inoperable, without change to location, design,
     or depth of the well......................................
  2. Changes in ground-water sampling or analysis procedures or    \1\ 1
   monitoring schedule, with prior approval of the Director....
  3. Changes in statistical procedure for determining whether a    \1\ 1
   statistically significant change in ground-water quality
   between upgradient and downgradient wells has occurred, with
   prior approval of the Director..............................
  4. Changes in point of compliance............................    \1\ 2
  5. Changes in indicator parameters, hazardous constituents,
   or concentration limits (including ACLs):
    a. As specified in the groundwater protection standard.....        3
    b. As specified in the detection monitoring program........        2
  6. Changes to a detection monitoring program as required by          2
   Sec.  264.98(j), unless otherwise specified in this appendix
  7. Compliance monitoring program:
    a. Addition of compliance monitoring program as required by        3
     Secs.  264.98(h)(4) and 264.99............................
    b. Changes to a compliance monitoring program as required          2
     by Sec.  264.99(k), unless otherwise specified in this
     appendix..................................................
  8. Corrective action program:
    a. Addition of a corrective action program as required by          3
     Secs.  264.99(i)(2) and 264.100...........................
    b. Changes to a corrective action program as required by           2
     Sec.  264.100(h), unless otherwise specified in this
     appendix..................................................
D. Closure
  1. Changes to the closure plan:
    a. Changes in estimate of maximum extent of operations or      \1\ 1
     maximum inventory of waste on-site at any time during the
     active life of the facility, with prior approval of the
     Director..................................................
    b. Changes in the closure schedule for any unit, changes in    \1\ 1
     the final closure schedule for the facility, or extension
     of the closure period, with prior approval of the Director
    c. Changes in the expected year of final closure, where        \1\ 1
     other permit conditions are not changed, with prior
     approval of the Director..................................
    d. Changes in procedures for decontamination of facility       \1\ 1
     equipment or structures, with prior approval of the
     Director..................................................
    e. Changes in approved closure plan resulting from                 2
     unexpected events occurring during partial or final
     closure, unless otherwise specified in this appendix......
    f. Extension of the closure period to allow a landfill,            2
     surface impoundment or land treatment unit to receive non-
     hazardous wastes after final receipt of hazardous wastes
     under Sec.  264.113 (d) and (e)...........................
  2. Creation of a new landfill unit as part of closure........        3

[[Page 353]]

 
  3. Addition of the following new units to be used temporarily
   for closure activities:
    a. Surface impoundments....................................        3
    b. Incinerators............................................        3
    c. Waste piles that do not comply with Sec.  264.250(c)....        3
    d. Waste piles that comply with Sec.  264.250(c)...........        2
    e. Tanks or containers (other than specified below)........        2
    f. Tanks used for neutralization, dewatering, phase            \1\ 1
     separation, or component separation, with prior approval
     of the Director...........................................
    g. Staging piles...........................................        2
E. Post-Closure
  1. Changes in name, address, or phone number of contact in           1
   post-closure plan...........................................
  2. Extension of post-closure care period.....................        2
  3. Reduction in the post-closure care period.................        3
  4. Changes to the expected year of final closure, where other        1
   permit conditions are not changed...........................
  5. Changes in post-closure plan necessitated by events               2
   occurring during the active life of the facility, including
   partial and final closure...................................
F. Containers
  1. Modification or addition of container units:
    a. Resulting in greater than 25% increase in the facility's        3
     container storage capacity, except as provided in F(1)(c)
     and F(4)(a) below.........................................
    b. Resulting in up to 25% increase in the facility's               2
     container storage capacity, except as provided in F(1)(c)
     and F(4)(a) below.........................................
    c. Or treatment processes necessary to treat wastes that       \1\ 1
     are restricted from land disposal to meet some or all of
     the applicable treatment standards or to treat wastes to
     satisfy (in whole or in part) the standard of ``use of
     practically available technology that yields the greatest
     environmental benefit'' contained in Sec.
     268.8(a)(2)(ii), with prior approval of the Director. This
     modification may also involve addition of new waste codes
     or narrative descriptions of wastes. It is not applicable
     to dioxin-containing wastes (F020, 021, 022, 023, 026,
     027, and 028).............................................
  2:
    a. Modification of a container unit without increasing the         2
     capacity of the unit......................................
    b. Addition of a roof to a container unit without                  1
     alteration of the containment system......................
  3. Storage of different wastes in containers, except as
   provided in (F)(4) below:
    a. That require additional or different management                 3
     practices from those authorized in the permit.............
    b. That do not require additional or different management          2
     practices from those authorized in the permit.............
Note: See Sec.  270.42(g) for modification procedures to be
 used for the management of newly listed or identified wastes.
 
  4. Storage of treatment of different wastes in containers:
    a. That require addition of units or change in treatment           1
     process or management standards, provided that the wastes
     are restricted from land disposal and are to be treated to
     meet some or all of the applicable treatment standards, or
     that are to be treated to satisfy (in whole or in part)
     the standard of ``use of practically available technology
     that yields the greatest environmental benefit'' contained
     in Sec.  268.8(a)(2)(ii). This modification is not
     applicable to dioxin-containing wastes (F020, 021, 022,
     023, 026, 027, and 028)...................................
    b. That do not require the addition of units or a change in    \1\ 1
     the treatment process or management standards, and
     provided that the units have previously received wastes of
     the same type (e.g., incinerator scrubber water). This
     modification is not applicable to dioxin-containing wastes
     (F020, 021, 022, 023, 026, 027, and 028)..................
G. Tanks
  1:
    a. Modification or addition of tank units resulting in             3
     greater than 25% increase in the facility's tank capacity,
     except as provided in G(1)(c), G(1)(d), and G(1)(e) below.
    b. Modification or addition of tank units resulting in up          2
     to 25% increase in the facility's tank capacity, except as
     provided in G(1)(d) and G(1)(e) below.....................
    c. Addition of a new tank that will operate for more than          2
     90 days using any of the following physical or chemical
     treatment technologies: neutralization, dewatering, phase
     separation, or component separation.......................
    d. After prior approval of the Director, addition of a new     \1\ 1
     tank that will operate for up to 90 days using any of the
     following physical or chemical treatment technologies:
     neutralization, dewatering, phase separation, or component
     separation................................................
    e. Modification or addition of tank units or treatment         \1\ 1
     processes necessary to treat wastes that are restricted
     from land disposal to meet some or all of the applicable
     treatment standards or to treat wastes to satisfy (in
     whole or in part) the standard of ``use of practically
     available technology that yields the greatest
     environmental benefit'' contained in Sec.
     268.8(a)(2)(ii), with prior approval of the Director. This
     modification may also involve addition of new waste codes.
     It is not applicable to dioxin-containing wastes (F020,
     021, 022, 023, 026, 027, and 028).........................
  2. Modification of a tank unit or secondary containment              2
   system without increasing the capacity of the unit..........
  3. Replacement of a tank with a tank that meets the same             1
   design standards and has a capacity within +/-10% of the
   replaced tank provided......................................
    --The capacity difference is no more than 1500 gallons,
    --The facility's permitted tank capacity is not increased,
     and
    --The replacement tank meets the same conditions in the
     permit.
  4. Modification of a tank management practice................        2
  5. Management of different wastes in tanks:
    a. That require additional or different management                 3
     practices, tank design, different fire protection
     specifications, or significantly different tank treatment
     process from that authorized in the permit, except as
     provided in (G)(5)(c) below...............................

[[Page 354]]

 
    b. That do not require additional or different management          2
     practices, tank design, different fire protection
     specifications, or significantly different tank treatment
     process than authorized in the permit, except as provided
     in (G)(5)(d)..............................................
    c. That require addition of units or change in treatment       \1\ 1
     processes or management standards, provided that the
     wastes are restricted from land disposal and are to be
     treated to meet some or all of the applicable treatment
     standards or that are to be treated to satisfy (in whole
     or in part) the standard of ``use of practically available
     technology that yields the greatest environmental
     benefit'' contained in Sec.  268.8(a)(2)(ii). The
     modification is not applicable to dioxin-containing wastes
     (F020, 021, 022, 023, 026, 027, and 028)..................
    d. That do not require the addition of units or a change in        1
     the treatment process or management standards, and
     provided that the units have previously received wastes of
     the same type (e.g., incinerator scrubber water). This
     modification is not applicable to dioxin-containing wastes
     (F020, 021, 022, 023, 026, 027, and 028)..................
Note: See Sec.  270.42(g) for modification procedures to be
 used for the management of newly lilsted or identified wastes.
 
H. Surface Impoundments
  1. Modification or addition of surface impoundment units that        3
   result in increasing the facility's surface impoundment
   storage or treatment capacity...............................
  2. Replacement of a surface impoundment unit.................        3
  3. Modification of a surface impoundment unit without                2
   increasing the facility's surface impoundment storage or
   treatment capacity and without modifying the unit's liner,
   leak detection system, or leachate collection system........
  4. Modification of a surface impoundment management practice.        2
  5. Treatment, storage, or disposal of different wastes in
   surface impoundments:
    a. That require additional or different management                 3
     practices or different design of the liner or leak
     detection system than authorized in the permit............
    b. That do not require additional or different management          2
     practices or different design of the liner or leak
     detection system than authorized in the permit............
    c. That are wastes restricted from land disposal that meet         1
     the applicable treatment standards or that are treated to
     satisfy the standard of ``use of practically available
     technology that yields the greatest environmental
     benefit'' contained in Sec.  269.8(a)(2)(ii), and provided
     that the unit meets the minimum technological requirements
     stated in Sec.  268.5(h)(2). This modification is not
     applicable to dioxin-containing wastes (F020, 021, 022,
     023, 026, 027, and 028)...................................
    d. That are residues from wastewater treatment or                  1
     incineration, provided that disposal occurs in a unit that
     meets the minimum technological requirements stated in
     Sec. 268.5(h)(2), and provided further that the surface
     impoundment has previously received wastes of the same
     type (for example, incinerator scrubber water). This
     modification is not applicable to dioxin-containing wastes
     (F020, 021, 022, 023, 026, 027, and 028)..................
  6. Modifications of unconstructed units to comply with Secs.        *1
   264.221(c), 264.222, 264.223, and 264.226(d)................
  7. Changes in response action plan:
    a. Increase in action leakage rate.........................        3
    b. Change in a specific response reducing its frequency or         3
     effectiveness.............................................
    c. Other changes...........................................        2
 
Note: See Sec.  270.42(g) for modification procedures to be
 used for the management of newly listed or identified wastes
 
I. Enclosed Waste Piles. For all waste piles except those
 complying with Sec.  264.250(c), modifications are treated the
 same as for a landfill. The following modifications are
 applicable only to waste piles complying with Sec.
 264.250(c).
  1. Modification or addition of waste pile units:
    a. Resulting in greater than 25% increase in the facility's        3
     waste pile storage or treatment capacity..................
    b. Resulting in up to 25% increase in the facility's waste         2
     pile storage or treatment capacity........................
  2. Modification of waste pile unit without increasing the            2
   capacity of the unit........................................
  3. Replacement of a waste pile unit with another waste pile          1
   unit of the same design and capacity and meeting all waste
   pile conditions in the permit...............................
  4. Modification of a waste pile management practice..........        2
  5. Storage or treatment of different wastes in waste piles:
    a. That require additional or different management                 3
     practices or different design of the unit.................
    b. That do not require additional or different management          2
     practices or different design of the unit.................
  6. Conversion of an enclosed waste pile to a containment             2
   building unit...............................................
 
Note: See Sec.  270.42(g) for modification procedures to be
 used for the management of newly listed or identified wastes.
 
J. Landfills and Unenclosed Waste Piles
  1. Modification or addition of landfill units that result in         3
   increasing the facility's disposal capacity.................
  2. Replacement of a landfill.................................        3
  3. Addition or modification of a liner, leachate collection          3
   system, leachate detection system, run-off control, or final
   cover system................................................
  4. Modification of a landfill unit without changing a liner,         2
   leachate collection system, leachate detection system, run-
   off control, or final cover system..........................
  5. Modification of a landfill management practice............        2
  6. Landfill different wastes:
    a. That require additional or different management                 3
     practices, different design of the liner, leachate
     collection system, or leachate detection system...........
    b. That do not require additional or different management          2
     practices, different design of the liner, leachate
     collection system, or leachate detection system...........
    c. That are wastes restricted from land disposal that meet         1
     the applicable treatment standards or that are treated to
     satisfy the standard of ``use of practically available
     technology that yields the greatest environmental
     benefit'' contained in Sec.  268.8(a)(2)(ii), and provided
     that the landfill unit meets the minimum technological
     requirements stated in Sec.  268.5(h)(2). This
     modification is not applicable to dioxin-containing wastes
     (F020, 021, 022, 023, 026, 027, and 028)..................

[[Page 355]]

 
    d. That are residues from wastewater treatment or                  1
     incineration, provided that disposal occurs in a landfill
     unit that meets the minimum technological requirements
     stated in Sec. 268.5(h)(2), and provided further that the
     landfill has previously received wastes of the same type
     (for example, incinerator ash). This modification is not
     applicable to dioxin-containing wastes (F020, 021, 022,
     023, 026, 027, and 028)...................................
  7. Modifications of unconstructed units to comply with Secs.        *1
   264.251(c), 264.252, 264.253, 264.254(c), 264.301(c),
   264.302, 264.303(c), and 264.304............................
  8. Changes in response action plan:
    a. Increase in action leakage rate.........................        3
    b. Change in a specific response reducing its frequency or         3
     effectiveness.............................................
    c. Other changes...........................................        2
 
Note: See Sec.  270.42(g) for modification procedures to be
 used for the management of newly listed or identified wastes.
 
K. Land Treatment
  1. Lateral expansion of or other modification of a land              3
   treatment unit to increase areal extent.....................
  2. Modification of run-on control system.....................        2
  3. Modify run-off control system.............................        3
  4. Other modifications of land treatment unit component              2
   specifications or standards required in permit..............
  5. Management of different wastes in land treatment units:
    a. That require a change in permit operating conditions or         3
     unit design specifications................................
    b. That do not require a change in permit operating                2
     conditions or unit design specifications..................
 
Note: See Sec.  270.42(g) for modification procedures to be
 used for the management of newly listed or identified wastes
  6. Modification of a land treatment unit management practice
   to:
    a. Increase rate or change method of waste application.....        3
    b. Decrease rate of waste application......................        1
  7. Modification of a land treatment unit management practice         2
   to change measures of pH or moisture content, or to enhance
   microbial or chemical reactions.............................
  8. Modification of a land treatment unit management practice         3
   to grow food chain crops, to add to or replace existing
   permitted crops with different food chain crops, or to
   modify operating plans for distribution of animal feeds
   resulting from such crops...................................
  9. Modification of operating practice due to detection of            3
   releases from the land treatment unit pursuant to Sec.
   264.278(g)(2)...............................................
  10. Changes in the unsaturated zone monitoring system,               3
   resulting in a change to the location, depth, number of
   sampling points, or replace unsaturated zone monitoring
   devices or components of devices with devices or components
   that have specifications different from permit requirements.
  11. Changes in the unsaturated zone monitoring system that do        2
   not result in a change to the location, depth, number of
   sampling points, or that replace unsaturated zone monitoring
   devices or components of devices with devices or components
   having specifications different from permit requirements....
  12. Changes in background values for hazardous constituents          2
   in soil and soil-pore liquid................................
  13. Changes in sampling, analysis, or statistical procedure..        2
  14. Changes in land treatment demonstration program prior to         2
   or during the demonstration.................................
  15. Changes in any condition specified in the permit for a       \1\ 1
   land treatment unit to reflect results of the land treatment
   demonstration, provided performance standards are met, and
   the Director's prior approval has been received.............
  16. Changes to allow a second land treatment demonstration to    \1\ 1
   be conducted when the results of the first demonstration
   have not shown the conditions under which the wastes can be
   treated completely, provided the conditions for the second
   demonstration are substantially the same as the conditions
   for the first demonstration and have received the prior
   approval of the Director....................................
  17. Changes to allow a second land treatment demonstration to        3
   be conducted when the results of the first demonstration
   have not shown the conditions under which the wastes can be
   treated completely, where the conditions for the second
   demonstration are not substantially the same as the
   conditions for the first demonstration......................
  18. Changes in vegetative cover requirements for closure.....        2
L. Incinerators, Boilers, and Industrial Furnaces:
  1. Changes to increase by more than 25% any of the following         3
   limits authorized in the permit: A thermal feed rate limit,
   a feedstream feed rate limit, a chlorine/chloride feed rate
   limit, a metal feed rate limit, or an ash feed rate limit.
   The Director will require a new trial burn to substantiate
   compliance with the regulatory performance standards unless
   this demonstration can be made through other means..........
  2. Changes to increase by up to 25% any of the following             2
   limits authorized in the permit: A thermal feed rate limit,
   a feedstream feed rate limit, a chlorine/chloride feed rate
   limit, a metal feed rate limit, or an ash feed rate limit.
   The Director will require a new trial burn to substantiate
   compliance with the regulatory performance standards unless
   this demonstration can be made through other means..........
  3. Modification of an incinerator, boiler, or industrial             3
   furnace unit by changing the internal size or geometry of
   the primary or secondary combustion units, by adding a
   primary or secondary combustion unit, by substantially
   changing the design of any component used to remove HCl/Cl2,
   metals, or particulate from the combustion gases, or by
   changing other features of the incinerator, boiler, or
   industrial furnace that could affect its capability to meet
   the regulatory performance standards. The Director will
   require a new trial burn to substantiate compliance with the
   regulatory performance standards unless this demonstration
   can be made through other means.............................
  4. Modification of an incinerator, boiler, or industrial             2
   furnace unit in a manner that would not likely affect the
   capability of the unit to meet the regulatory performance
   standards but which would change the operating conditions or
   monitoring requirements specified in the permit. The
   Director may require a new trial burn to demonstrate
   compliance with the regulatory performance standards........
  5. Operating requirements:...................................

[[Page 356]]

 
    a. Modification of the limits specified in the permit for          3
     minimum or maximum combustion gas temperature, minimum
     combustion gas residence time, oxygen concentration in the
     secondary combustion chamber, flue gas carbon monoxide and
     hydrocarbon concentration, maximum temperature at the
     inlet to the particulate matter emission control system,
     or operating parameters for the air pollution control
     system. The Director will require a new trial burn to
     substantiate compliance with the regulatory performance
     standards unless this demonstration can be made through
     other means...............................................
    b. Modification of any stack gas emission limits specified         3
     in the permit, or modification of any conditions in the
     permit concerning emergency shutdown or automatic waste
     feed cutoff procedures or controls........................
    c. Modification of any other operating condition or any            2
     inspection or recordkeeping requirement specified in the
     permit....................................................
  6. Burning different wastes:.................................
    a. If the waste contains a POHC that is more difficult to          3
     burn than authorized by the permit or if burning of the
     waste requires compliance with different regulatory
     performance standards than specified in the permit. The
     Director will require a new trial burn to substantiate
     compliance with the regulatory performance standards
     unless this demonstration can be made through other means.
    b. If the waste does not contain a POHC that is more               2
     difficult to burn than authorized by the permit and if
     burning of the waste does not require compliance with
     different regulatory performance standards than specified
     in the permit.............................................
Note: See Sec.  270.42(g) for modification procedures to be
 used for the management of newly listed or identified wastes
 
  7. Shakedown and trial burn:
    a. Modification of the trial burn plan or any of the permit        2
     conditions applicable during the shakedown period for
     determining operational readiness after construction, the
     trial burn period, or the period immediately following the
     trial burn................................................
    b. Authorization of up to an additional 720 hours of waste      \1\1
     burning during the shakedown period for determining
     operational readiness after construction, with the prior
     approval of the Director..................................
    c. Changes in the operating requirements set in the permit      \1\1
     for conducting a trial burn, provided the change is minor
     and has received the prior approval of the Director.......
    d. Changes in the ranges of the operating requirements set      \1\1
     in the permit to reflect the results of the trial burn,
     provided the change is minor and has received the prior
     approval of the Director..................................
  8. Substitution of an alternative type of nonhazardous waste         1
   fuel that is not specified in the permit....................
  9. Technology Changes Needed to meet Standards under 40 CFR       \1\1
   part 63 (Subpart EEE--National Emission Standards for
   Hazardous Air Pollutants From Hazardous Waste Combustors),
   provided the procedures of Sec.  270.42(i) are followed.....
M. Containment Buildings.
1. Modification or addition of containment building units:
  a. Resulting in greater than 25% increase in the facility's          3
   containment building storage or treatment capacity..........
  b. Resulting in up to 25% increase in the facility's                 2
   containment building storage or treatment capacity..........
2. Modification of a containment building unit or secondary            2
 containment system without increasing the capacity of the unit
3. Replacement of a containment building with a containment
 building that meets the same design standards provided:
  a. The unit capacity is not increased........................        1
  b. The replacement containment building meets the same               1
   conditions in the permit....................................
4. Modification of a containment building management practice..        2
5. Storage or treatment of different wastes in containment
 buildings:
  a. That require additional or different management practices.        3
  b. That do not require additional or different management            2
   practices...................................................
N. Corrective Action:
  1. Approval of a corrective action management unit pursuant          3
   to Sec.  264.552............................................
  2. Approval of a temporary unit or time extension for a              2
   temporary unit pursuant to Sec.  264.553....................
  3. Approval of a staging pile or staging pile operating term         2
   extension pursuant to Sec.  264.554.........................
------------------------------------------------------------------------
\1\ Class 1 modifications requiring prior Agency approval.


[53 FR 37936, Sept. 28, 1988, as amended at 53 FR 37939, Sept. 28, 1988; 
53 FR 41649, Oct. 24, 1988; 54 FR 9607, Mar. 7, 1989; 54 FR 33398, Aug. 
14, 1989; 55 FR 22719, June 1, 1990; 56 FR 3928, Jan. 31, 1991; 56 FR 
32692, July 17, 1991; 56 FR 7237, Feb. 21, 1991; 56 FR 32692, July 17, 
1991; 57 FR 3496, Jan. 29, 1992; 57 FR 37281, Aug. 18, 1992; 58 FR 8685, 
Feb. 16, 1993; 58 FR 29886, May 24, 1993; 62 FR 6656, Feb. 12, 1997; 63 
FR 33829, June 19, 1998; 63 FR 65941, Nov. 30, 1998]



Sec. 270.43  Termination of permits.

    (a) The following are causes for terminating a permit during its 
term, or for denying a permit renewal application:
    (1) Noncompliance by the permittee with any condition of the permit;
    (2) The permittee's failure in the application or during the permit 
issuance process to disclose fully all relevant facts, or the 
permittee's misrepresentation of any relevant facts at any time; or
    (3) A determination that the permitted activity endangers human

[[Page 357]]

health or the environment and can only be regulated to acceptable levels 
by permit modification or termination.
    (b) The Director shall follow the applicable procedures in part 124 
or State procedures in terminating any permit under this section.



            Subpart E--Expiration and Continuation of Permits



Sec. 270.50  Duration of permits.

    (a) RCRA permits shall be effective for a fixed term not to exceed 
10 years.
    (b) Except as provided in Sec. 270.51, the term of a permit shall 
not be extended by modification beyond the maximum duration specified in 
this section.
    (c) The Director may issue any permit for a duration that is less 
than the full allowable term under this section.
    (d) Each permit for a land disposal facility shall be reviewed by 
the Director five years after the date of permit issuance or reissuance 
and shall be modified as necessary, as provided in Sec. 270.41.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985]



Sec. 270.51  Continuation of expiring permits.

    (a) EPA permits. When EPA is the permit-issuing authority, the 
conditions of an expired permit continue in force under 5 U.S.C. 558(c) 
until the effective date of a new permit (see Sec. 124.15) if:
    (1) The permittee has submitted a timely application under 
Sec. 270.14 and the applicable sections in Secs. 270.15 through 270.29 
which is a complete (under Sec. 270.10(c)) application for a new permit; 
and
    (2) The Regional Administrator through no fault of the permittee, 
does not issue a new permit with an effective date under Sec. 124.15 on 
or before the expiration date of the previous permit (for example, when 
issuance is impracticable due to time or resource constraints).
    (b) Effect. Permits continued under this section remain fully 
effective and enforceable.
    (c) Enforcement. When the permittee is not in compliance with the 
conditions of the expiring or expired permit, the Regional Administrator 
may choose to do any or all of the following:
    (1) Initiate enforcement action based upon the permit which has been 
continued;
    (2) Issue a notice of intent to deny the new permit under 
Sec. 124.6. If the permit is denied, the owner or operator would then be 
required to cease the activities authorized by the continued permit or 
be subject to enforcement action for operating without a permit;
    (3) Issue a new permit under part 124 with appropriate conditions; 
or
    (4) Take other actions authorized by these regulations.
    (d) State continuation. In a State with an hazardous waste program 
authorized under 40 CFR part 271, if a permittee has submitted a timely 
and complete application under applicable State law and regulations, the 
terms and conditions of an EPA-issued RCRA permit continue in force 
beyond the expiration date of the permit, but only until the effective 
date of the State's issuance or denial of a State RCRA permit.

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983]



                   Subpart F--Special Forms of Permits



Sec. 270.60  Permits by rule.

    Notwithstanding any other provision of this part or part 124, the 
following shall be deemed to have a RCRA permit if the conditions listed 
are met:
    (a) Ocean disposal barges or vessels. The owner or operator of a 
barge or other vessel which accepts hazardous waste for ocean disposal, 
if the owner or operator:
    (1) Has a permit for ocean dumping issued under 40 CFR part 220 
(Ocean Dumping, authorized by the Marine Protection, Research, and 
Sanctuaries Act, as amended, 33 U.S.C. 1420 et seq.);
    (2) Complies with the conditions of that permit; and
    (3) Complies with the following hazardous waste regulations:

[[Page 358]]

    (i) 40 CFR 264.11, Identification number;
    (ii) 40 CFR 264.71, Use of manifest system;
    (iii) 40 CFR 264.72, Manifest discrepancies;
    (iv) 40 CFR 264.73(a) and (b)(1), Operating record;
    (v) 40 CFR 264.75, Biennial report; and
    (vi) 40 CFR 264.76, Unmanifested waste report.
    (b) Injection wells. The owner or operator of an injection well 
disposing of hazardous waste, if the owner or operator:
    (1) Has a permit for underground injection issued under part 144 or 
145; and
    (2) Complies with the conditions of that permit and the requirements 
of Sec. 144.14 (requirements for wells managing hazardous waste).
    (3) For UIC permits issued after November 8, 1984:
    (i) Complies with 40 CFR 264.101; and
    (ii) Where the UIC well is the only unit at a facility which 
requires a RCRA permit, complies with 40 CFR 270.14(d).
    (c) Publicly owned treatment works. The owner or operator of a POTW 
which accepts for treatment hazardous waste, if the owner or operator:
    (1) Has an NPDES permit;
    (2) Complies with the conditions of that permit; and
    (3) Complies with the following regulations:
    (i) 40 CFR 264.11, Identification number;
    (ii) 40 CFR 264.71, Use of manifest system;
    (iii) 40 CFR 264.72, Manifest discrepancies;
    (iv) 40 CFR 264.73(a) and (b)(1), Operating record;
    (v) 40 CFR 264.75, Biennial report;
    (vi) 40 CFR 264.76, Unmanifested waste report; and
    (vii) For NPDES permits issued after November 8, 1984, 40 CFR 
264.101.
    (4) If the waste meets all Federal, State, and local pretreatment 
requirements which would be applicable to the waste if it were being 
discharged into the POTW through a sewer, pipe, or similar conveyance.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985; 52 
FR 45799, Dec. 1, 1987]



Sec. 270.61  Emergency permits.

    (a) Notwithstanding any other provision of this part or part 124, in 
the event the Director finds an imminent and substantial endangerment to 
human health or the environment the Director may issue a temporary 
emergency permit: (1) To a non-permitted facility to allow treatment, 
storage, or disposal of hazardous waste or (2) to a permitted facility 
to allow treatment, storage, or disposal of a hazardous waste not 
covered by an effective permit.
    (b) This emergency permit:
    (1) May be oral or written. If oral, it shall be followed in five 
days by a written emergency permit;
    (2) Shall not exceed 90 days in duration;
    (3) Shall clearly specify the hazardous wastes to be received, and 
the manner and location of their treatment, storage, or disposal;
    (4) May be terminated by the Director at any time without process if 
he or she determines that termination is appropriate to protect human 
health and the environment;
    (5) Shall be accompanied by a public notice published under 
Sec. 124.10(b) including:
    (i) Name and address of the office granting the emergency 
authorization;
    (ii) Name and location of the permitted HWM facility;
    (iii) A brief description of the wastes involved;
    (iv) A brief description of the action authorized and reasons for 
authorizing it; and
    (v) Duration of the emergency permit; and
    (6) Shal