[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2010 Edition]
[From the U.S. Government Printing Office]



[[Page 1]]

          

          40


          Parts 266 to 299

                         Revised as of July 1, 2010


          Protection of Environment
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2010
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



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

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     663
      Alphabetical List of Agencies Appearing in the CFR......     683
      List of CFR Sections Affected...........................     693

[[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 
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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

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citations for the regulations are referred to by volume number and page 
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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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
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INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
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to materials already published elsewhere. For an incorporation to be 
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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.
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this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

    The Federal Register Index is issued monthly in cumulative form. 
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the daily Federal Register.
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the revision dates of the 50 CFR titles.

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    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    July 1, 2010.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-two 
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 
of part 52), parts 53-59, part 60 (60.1-end of part 60, sections), part 
60 (Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63 
(63.6580-63.8830), part 63 (63.8980-end of part 63) parts 64-71, parts 
72-80, parts 81-84, part 85-Sec.  86.599-99, part 86 (86.600-1-end of 
part 86), parts 87-99, parts 100-135, parts 136-149, parts 150-189, 
parts 190-259, parts 260-265, parts 266-299, parts 300-399, parts 400-
424, parts 425-699, parts 700-789, parts 790-999, and part 1000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of July 1, 2010.

    Chapter I--Environmental Protection Agency appears in all thirty-two 
volumes. Regulations issued by the Council on Environmental Quality, 
including an Index to Parts 1500 through 1508, appear in the volume 
containing part 1000 to end. The OMB control numbers for title 40 appear 
in Sec.  9.1 of this chapter.

    For this volume, Susannah C. Hurley was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.

[[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)




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


  Editorial Note: Nomenclature changes to chapter I appear at 65 FR 
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.

                 SUBCHAPTER I--SOLID WASTES (CONTINUED)
Part                                                                Page
266             Standards for the management of specific 
                    hazardous wastes and specific types of 
                    hazardous waste management facilities...           5
267             Standards for owners and operators of 
                    hazardous waste facilities operating 
                    under a standardized permit.............         120
268             Land disposal restrictions..................         156
270             EPA administered permit programs: The 
                    Hazardous Waste Permit Program..........         288
271             Requirements for authorization of State 
                    hazardous waste programs................         374
272             Approved State hazardous waste management 
                    programs................................         400
273             Standards for universal waste management....         452
278             Criteria for the management of granular mine 
                    tailings (chat) in asphalt concrete and 
                    portland cement concrete in 
                    transportation construction projects 
                    funded in whole or in part by Federal 
                    funds...................................         469
279             Standards for the management of used oil....         471
280             Technical standards and corrective action 
                    requirements for owners and operators of 
                    underground storage tanks (UST).........         497
281             Approval of State underground storage tank 
                    programs................................         569
282             Approved underground storage tank programs..         580
283-299

[Reserved]

[[Page 5]]



                  SUBCHAPTER I_SOLID WASTES (CONTINUED)


PART 266_STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES--Table of Contents



Subparts A-B [Reserved]

  Subpart C_Recyclable Materials Used in a Manner Constituting Disposal

Sec.
266.20 Applicability.
266.21 Standards applicable to generators and transporters of materials 
          used in a manner that constitutes disposal.
266.22 Standards applicable to storers of materials that are to be used 
          in a manner that constitutes disposal who are not the ultimate 
          users.
266.23 Standards applicable to users of materials that are used in a 
          manner that constitutes disposal.

Subparts D-E [Reserved]

   Subpart F_Recyclable Materials Utilized for Precious Metal Recovery

266.70 Applicability and requirements.

           Subpart G_Spent Lead-Acid Batteries Being Reclaimed

266.80 Applicability and requirements.

   Subpart H_Hazardous Waste Burned in Boilers and Industrial Furnaces

266.100 Applicability.
266.101 Management prior to burning.
266.102 Permit standards for burners.
266.103 Interim status standards for burners.
266.104 Standards to control organic emissions.
266.105 Standards to control particulate matter.
266.106 Standards to control metals emissions.
266.107 Standards to control hydrogen chloride (HCl) and chlorine gas 
          (Cl2) emissions.
266.108 Small quantity on-site burner exemption.
266.109 Low risk waste exemption.
266.110 Waiver of DRE trial burn for boilers.
266.111 Standards for direct transfer.
266.112 Regulation of residues.

Subparts I-L [Reserved]

                      Subpart M_Military Munitions

266.200 Applicability.
266.201 Definitions.
266.202 Definition of solid waste.
266.203 Standards applicable to the transportation of solid waste 
          military munitions.
266.204 Standards applicable to emergency responses.
266.205 Standards applicable to the storage of solid waste military 
          munitions.
266.206 Standards applicable to the treatment and disposal of waste 
          military munitions.

   Subpart N_Conditional Exemption for Low-Level Mixed Waste Storage, 
                 Treatment, Transportation and Disposal.

                                  Terms

266.210 What definitions apply to this subpart?

       Storage and Treatment Conditional Exemption and Eligibility

266.220 What does a storage and treatment conditional exemption do?
266.225 What wastes are eligible for the storage and treatment 
          conditional exemption?
266.230 What conditions must you meet for your LLMW to qualify for and 
          maintain a storage and treatment exemption?

                                Treatment

266.235 What waste treatment does the storage and treatment conditional 
          exemption allow?

                      Loss of Conditional Exemption

266.240 How could you lose the conditional exemption for your LLMW and 
          what action must you take?
266.245 If you lose the storage and treatment conditional exemption for 
          your LLMW, can the exemption be reclaimed?

                              Recordkeeping

266.250 What records must you keep at your facility and for how long?

                            Reentry Into RCRA

266.255 When is your LLMW no longer eligible for the storage and 
          treatment conditional exemption?

                          Storage Unit Closure

266.260 Do closure requirements apply to units that stored LLMW prior to 
          the effective date of subpart N?

[[Page 6]]

            Transportation and Disposal Conditional Exemption

266.305 What does the transportation and disposal conditional exemption 
          do?

                               Eligibility

266.310 What wastes are eligible for the transportation and disposal 
          conditional exemption?

                               Conditions

266.315 What are the conditions you must meet for your waste to qualify 
          for and maintain the transportation and disposal exemption?
266.320 What treatment standards must your eligible waste meet?
266.325 Are you subject to the manifest and transportation condition in 
          Sec. 266.315(b)?
266.330 When does the transportation and disposal exemption take effect?
266.335 Where must your exempted waste be disposed of?
266.340 What type of container must be used for disposal of exempted 
          waste?

                              Notification

266.345 Whom must you notify?

                              Recordkeeping

266.350 What records must you keep at your facility and for how long?

        Loss of Transportation and Disposal Conditional Exemption

266.355 How could you lose the transportation and disposal conditional 
          exemption for your waste and what actions must you take?
266.360 If you lose the transportation and disposal conditional 
          exemption for a waste, can the exemption be reclaimed?

Appendix I to Part 266--Tier I and Tier II Feed Rate and Emissions 
          Screening Limits for Metals
Appendix II to Part 266--Tier I Feed Rate Screening Limits for Total 
          Chlorine
Appendix III to Part 266--Tier II Emission Rate Screening Limits for 
          Free Chlorine and Hydrogen Chloride
Appendix IV to Part 266--Reference Air Concentrations
Appendix V to Part 266--Risk Specific Doses (10-5)
Appendix VI to Part 266--Stack Plume Rise
Appendix VII to Part 266--Health-Based Limits for Exclusion of Waste-
          Derived Residues
Appendix VIII to Part 266--Potential PICs for Determination of Exclusion 
          of Waste-Derived Residues
Appendix IX to Part 266--Methods Manual for Compliance With the BIF 
          Regulations
Appendix X to Part 266 [Reserved]
Appendix XI to Part 266--Lead-Bearing Materials That May Be Processed in 
          Exempt Lead Smelters
Appendix XII to Part 266--Nickel or Chromium-Bearing Materials That May 
          Be Processed in Exempt Nickel-Chromium Recovery Furnaces
Appendix XIII to Part 266--Mercury Bearing Wastes That May Be Processed 
          in Exempt Mercury Recovery Units

    Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 6905, 6906, 
6912, 6921, 6922, 6924-6927, 6934, and 6937.

    Effective Date Note: At 75 FR 1260, Jan. 8, 2010, the authority 
citation to Part 266 was revised, effective July 7, 2010. For the 
convenience of the user, the revised text is set forth as follows:
    Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 3017, 6905, 
6906, 6912, 6921, 6922, 6924-6927, 6934, and 6937.

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

Subparts A-B [Reserved]



  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.

[[Page 7]]

    (c) Anti-skid/deicing uses of slags, which are generated from high 
temperature metals recovery (HTMR) processing of hazardous waste K061, 
K062, and F006, in a manner constituting disposal are not covered by the 
exemption in paragraph (b) of this section and remain subject to 
regulation.
    (d) Fertilizers that contain recyclable materials are not subject to 
regulation provided that:
    (1) They are zinc fertilizers excluded from the definition of solid 
waste according to Sec. 261.4(a)(21) of this chapter; or
    (2) They meet the applicable treatment standards in subpart D of 
Part 268 of this chapter for each hazardous waste that they contain.

[50 FR 666, Jan. 4, 1985, as amended at 52 FR 21307, June 5, 1987; 54 FR 
36970, Sept. 6, 1989; 59 FR 43500, Aug. 24, 1994; 67 FR 48414, July 24, 
2002]



Sec. 266.21  Standards applicable to generators and transporters of materials used in a manner that constitutes disposal.

    Generators and transporters of materials that are used in a manner 
that constitutes disposal are subject to the applicable requirements of 
parts 262 and 263 of this chapter, and the notification requirement 
under section 3010 of RCRA.



Sec. 266.22  Standards applicable to storers of materials that are to be used in a manner that constitutes disposal who are not the ultimate users.

    Owners or operators of facilities that store recyclable materials 
that are to be used in a manner that constitutes disposal, but who are 
not the ultimate users of the materials, are regulated under all 
applicable provisions of subparts A through L of parts 264, 265 and 267, 
and parts 270 and 124 of this chapter and the notification requirement 
under section 3010 of RCRA.

[75 FR 13006, Mar. 18, 2010]



Sec. 266.23  Standards applicable to users of materials that are used in a manner that constitutes disposal.

    (a) Owners or operators of facilities that use recyclable materials 
in a manner that constitutes disposal are regulated under all applicable 
provisions of subparts A through N of parts 124, 264, 265, 268, and 270 
of this chapter and the notification requirement under section 3010 of 
RCRA. (These requirements do not apply to products which contain these 
recyclable materials under the provisions of Sec. 266.20(b) of this 
chapter.)
    (b) The use of waste or used oil or other material, which is 
contaminated with dioxin or any other hazardous waste (other than a 
waste identified solely on the basis of ignitability), for dust 
suppression or road treatment is prohibited.

[50 FR 666, Jan. 4, 1985, as amended at 50 FR 28750, July 15, 1985; 59 
FR 48042, Sept. 19, 1994]

Subparts D-E [Reserved]



   Subpart F_Recyclable Materials Utilized for Precious Metal Recovery



Sec. 266.70  Applicability and requirements.

    (a) The regulations of this subpart apply to recyclable materials 
that are reclaimed to recover economically significant amounts of gold, 
silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any 
combination of these.
    (b) Persons who generate, transport, or store recyclable materials 
that are regulated under this subpart are subject to the following 
requirements:
    (1) Notification requirements under section 3010 of RCRA;
    (2) Subpart B of part 262 (for generators), Sec. Sec. 263.20 and 
263.21 (for transporters), and Sec. Sec. 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);

[[Page 8]]

    (1) Records showing the volume of these materials stored at the 
beginning of the calendar year;
    (2) The amount of these materials generated or received during the 
calendar year; and
    (3) The amount of materials remaining at the end of the calendar 
year.
    (d) Recyclable materials that are regulated under this subpart that 
are accumulated speculatively (as defined in Sec. 261.1(c) of this 
chapter) are subject to all applicable provisions of parts 262 through 
265, 267, 270, and 124 of this chapter.

[50 FR 666, Jan. 4, 1985, as amended at 61 FR 16315, Apr. 12, 1996; 71 
FR 40277, July 14, 2006; 75 FR 13007, Mar. 18, 2010]



           Subpart G_Spent Lead-Acid Batteries Being Reclaimed



Sec. 266.80  Applicability and requirements.

    (a) Are spent lead-acid batteries exempt from hazardous waste 
management requirements? If you generate, collect, transport, store, or 
regenerate lead-acid batteries for reclamation purposes, you may be 
exempt from certain hazardous waste management requirements. Use the 
following table to determine which requirements apply to you. 
Alternatively, you may choose to manage your spent lead-acid batteries 
under the ``Universal Waste'' rule in 40 CFR part 273.

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

    (b) If I store spent lead-acid batteries before I reclaim them but 
not through regeneration, which requirements apply? The requirements of 
paragraph (b) of this section apply to you if you store spent lead-acid 
batteries before you reclaim them, but you don't reclaim them through 
regeneration. The requirements are slightly different depending on your 
RCRA permit status.
    (1) For Interim Status Facilities, you must comply with:
    (i) Notification requirements under section 3010 of RCRA.
    (ii) All applicable provisions in subpart A of part 265 of this 
chapter.
    (iii) All applicable provisions in subpart B of part 265 of this 
chapter except Sec. 265.13 (waste analysis).
    (iv) All applicable provisions in subparts C and D of part 265 of 
this chapter.
    (v) All applicable provisions in subpart E of part 265 of this 
chapter except Sec. Sec. 265.71 and 265.72 (dealing with the use of the 
manifest and manifest discrepancies).
    (vi) All applicable provisions in subparts F through L of part 265 
of this chapter.
    (vii) All applicable provisions in parts 270 and 124 of this 
chapter.

[[Page 9]]

    (viii) All applicable provisions in part 267 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.
    (viii) All applicable provisions in part 267 of this chapter.

[63 FR 71229, Dec. 24, 1998, as amended at 71 FR 40277, July 14, 2006; 
75 FR 13007, Mar. 18, 2010]

    Effective Date Note: At 75 FR 1261, Jan. 8, 2010, Sec. 266.80 was 
amended by revising the table in paragraph (a), effective July 7, 2010. 
For the convenience of the user, the revised text is set forth as 
follows:



Sec. 266.80  Applicability and requirements.

    (a) * * *

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

[[Page 10]]

 
(6) Will be reclaimed through          export these batteries   are exempt from 40 CFR   are subject to 40 CFR
 regeneration or any other means.       for reclamation in a     parts 263, 264, 265,     part 261 and Sec.
                                        foreign country.         266, 268, 270, 124 of    262.11, and either
                                                                 this chapter, and the    must comply with 40
                                                                 notification             CFR part 262, subpart
                                                                 requirements at          H (if shipping to one
                                                                 section 3010 of RCRA.    of the OECD countries
                                                                 You are also exempt      specified in 40 CFR
                                                                 from part 262, except    262.58(a)(1)), or
                                                                 for 262.11, and except   must:
                                                                 for the applicable      (a) Comply with the
                                                                 requirements in          requirements
                                                                 either: (1) 40 CFR       applicable to a
                                                                 part 262 subpart H; or   primary exporter in 40
                                                                 (2) 262.53               CFR 262.53, 262.56(a)
                                                                 ``Notification of        (1) through (4), (6),
                                                                 Intent to Export,        and (b) and 262.57;
                                                                 262.56(a)(1) through     and
                                                                 (4)(6) and (b)          (b) Export these
                                                                 ``Annual Reports,''      batteries only upon
                                                                 and 262.57               consent of the
                                                                 ``Recordkeeping''.       receiving country and
                                                                                          in conformance with
                                                                                          the EPA
                                                                                          Acknowledgement of
                                                                                          Consent as defined in
                                                                                          subpart E of part 262
                                                                                          of this chapter; and
                                                                                            (c) Provide a copy
                                                                                             of the EPA
                                                                                             Acknowledgment of
                                                                                             Consent for the
                                                                                             shipment to the
                                                                                             transporter
                                                                                             transporting the
                                                                                             shipment for
                                                                                             export.
(7) Will be reclaimed through          Transport these          are exempt from 40 CFR   must comply with
 regeneration or any other means.       batteries in the U.S.    parts 263, 264, 265,     applicable
                                        to export them for       266, 268, 270, 124 of    requirements in 40 CFR
                                        reclamation in a         this chapter, and the    part 262, subpart H
                                        foreign country.         notification             (if shipping to one of
                                                                 requirements at          the OECD countries
                                                                 section 3010 of RCRA.    specified in 40 CFR
                                                                                          262.58(a)(1)), or must
                                                                                          comply with the
                                                                                          following:
                                                                                            (a) you may not
                                                                                             accept a shipment
                                                                                             if you know the
                                                                                             shipment does not
                                                                                             conform to the EPA
                                                                                             Acknowledgment of
                                                                                             Consent;
                                                                                            (b) you must ensure
                                                                                             that a copy of the
                                                                                             EPA Acknowledgment
                                                                                             of Consent
                                                                                             accompanies the
                                                                                             shipment; and
                                                                                            (c) you must ensure
                                                                                             that the shipment
                                                                                             is delivered to the
                                                                                             facility designated
                                                                                             by the person
                                                                                             initiating the
                                                                                             shipment.
----------------------------------------------------------------------------------------------------------------

                                * * * * *



   Subpart H_Hazardous Waste Burned in Boilers and Industrial Furnaces

    Source: 56 FR 7208, Feb. 21, 1991, unless otherwise noted.



Sec. 266.100  Applicability.

    (a) The regulations of this subpart apply to hazardous waste burned 
or processed in a boiler or industrial furnace (as defined in Sec. 
260.10 of this chapter) irrespective of the purpose of burning or 
processing, except as provided by paragraphs (b), (c), (d), (g), and (h) 
of this section. In this subpart, the term ``burn'' means burning for 
energy recovery or destruction, or processing for materials recovery or 
as an ingredient. The emissions standards of Sec. Sec. 266.104, 
266.105, 266.106, and 266.107 apply to facilities operating under 
interim status or under a RCRA permit as specified in Sec. Sec. 266.102 
and 266.103.
      

[[Page 11]]

    (b) Integration of the MACT standards. (1) Except as provided by 
paragraphs (b)(2), (b)(3), and (b)(4) of this section, the standards of 
this part do not apply to a new hazardous waste boiler or industrial 
furnace unit that becomes subject to RCRA permit requirements after 
October 12, 2005; or no longer apply when an owner or operator of an 
existing hazardous waste boiler or industrial furnace unit demonstrates 
compliance with the maximum achievable control technology (MACT) 
requirements of part 63, subpart EEE, of this chapter by conducting a 
comprehensive performance test and submitting to the Administrator a 
Notification of Compliance under Sec. Sec. 63.1207(j) and 63.1210(d) of 
this chapter documenting compliance with the requirements of part 63, 
subpart EEE, of this chapter. Nevertheless, even after this 
demonstration of compliance with the MACT standards, RCRA permit 
conditions that were based on the standards of this part will continue 
to be in effect until they are removed from the permit or the permit is 
terminated or revoked, unless the permit expressly provides otherwise.
    (2) The following standards continue to apply:
    (i) If you elect to comply with Sec. 270.235(a)(1)(i) of this 
chapter to minimize emissions of toxic compounds from startup, shutdown, 
and malfunction events, Sec. 266.102(e)(1) requiring operations in 
accordance with the operating requirements specified in the permit at 
all times that hazardous waste is in the unit, and Sec. 
266.102(e)(2)(iii) requiring compliance with the emission standards and 
operating requirements during startup and shutdown if hazardous waste is 
in the combustion chamber, except for particular hazardous wastes. These 
provisions apply only during startup, shutdown, and malfunction events;
    (ii) The closure requirements of Sec. Sec. 266.102(e)(11) and 
266.103(l);
    (iii) The standards for direct transfer of Sec. 266.111;
    (iv) The standards for regulation of residues of Sec. 266.112; and
    (v) The applicable requirements of subparts A through H, BB and CC 
of parts 264 and 265 of this chapter.
    (3) If you own or operate a boiler or hydrochloric acid production 
furnace that is an area source under Sec. 63.2 of this chapter and you 
elect not to comply with the emission standards under Sec. Sec. 
63.1216, 63.1217, and 63.1218 of this chapter for particulate matter, 
semivolatile and low volatile metals, and total chlorine, you also 
remain subject to:
    (i) Section 266.105--Standards to control particulate matter;
    (ii) Section 266.106--Standards to control metals emissions, except 
for mercury; and
    (iii) Section 266.107--Standards to control hydrogen chloride and 
chlorine gas.
    (4) The particulate matter standard of Sec. 266.105 remains in 
effect for boilers that elect to comply with the alternative to the 
particulate matter standard under Sec. Sec. 63.1216(e) and 63.1217(e) 
of this chapter.
    (c) The following hazardous wastes and facilities are not subject to 
regulation under this subpart:
    (1) Used oil burned for energy recovery that is also a hazardous 
waste solely because it exhibits a characteristic of hazardous waste 
identified in subpart C of part 261 of this chapter. Such used oil is 
subject to regulation under part 279 of this chapter;
    (2) Gas recovered from hazardous or solid waste landfills when such 
gas is burned for energy recovery;
    (3) Hazardous wastes that are exempt from regulation under 
Sec. Sec. 261.4 and 261.6(a)(3) (iii) and (iv) of this chapter, and 
hazardous wastes that are subject to the special requirements for 
conditionally exempt small quantity generators under Sec. 261.5 of this 
chapter; and
    (4) Coke ovens, if the only hazardous waste burned is EPA Hazardous 
Waste No. K087, decanter tank tar sludge from coking operations.
    (d) Owners and operators of smelting, melting, and refining furnaces 
(including pyrometallurgical devices such as cupolas, sintering 
machines, roasters, and foundry furnaces, but not including cement 
kilns, aggregate kilns, or halogen acid furnaces burning hazardous 
waste) that process hazardous waste solely for metal recovery are 
conditionally exempt from regulation
      

[[Page 12]]

under this subpart, except for Sec. Sec. 266.101 and 266.112.
    (1) To be exempt from Sec. Sec. 266.102 through 266.111, an owner 
or operator of a metal recovery furnace or mercury recovery furnace must 
comply with the following requirements, except that an owner or operator 
of a lead or a nickel-chromium recovery furnace, or a metal recovery 
furnace that burns baghouse bags used to capture metallic dusts emitted 
by steel manufacturing, must comply with the requirements of paragraph 
(d)(3) of this section, and owners or operators of lead recovery 
furnaces that are subject to regulation under the Secondary Lead 
Smelting NESHAP must comply with the requirements of paragraph (h) of 
this section.
    (i) Provide a one-time written notice to the Director indicating the 
following:
    (A) The owner or operator claims exemption under this paragraph;
    (B) The hazardous waste is burned solely for metal recovery 
consistent with the provisions of paragraph (d)(2) of this section;
    (C) The hazardous waste contains recoverable levels of metals; and
    (D) The owner or operator will comply with the sampling and analysis 
and recordkeeping requirements of this paragraph;
    (ii) Sample and analyze the hazardous waste and other feedstocks as 
necessary to comply with the requirements of this paragraph by using 
appropriate methods; and
    (iii) Maintain at the facility for at least three years records to 
document compliance with the provisions of this paragraph including 
limits on levels of toxic organic constituents and Btu value of the 
waste, and levels of recoverable metals in the hazardous waste compared 
to normal nonhazardous waste feedstocks.
    (2) A hazardous waste meeting either of the following criteria is 
not processed solely for metal recovery:
    (i) The hazardous waste has a total concentration of organic 
compounds listed in part 261, appendix VIII, of this chapter exceeding 
500 ppm by weight, as-fired, and so is considered to be burned for 
destruction. The concentration of organic compounds in a waste as-
generated may be reduced to the 500 ppm limit by bona fide treatment 
that removes or destroys organic constituents. Blending for dilution to 
meet the 500 ppm limit is prohibited and documentation that the waste 
has not been impermissibly diluted must be retained in the records 
required by paragraph (d)(1)(iii) of this section; or
    (ii) The hazardous waste has a heating value of 5,000 Btu/lb or 
more, as-fired, and so is considered to be burned as fuel. The heating 
value of a waste as-generated may be reduced to below the 5,000 Btu/lb 
limit by bona fide treatment that removes or destroys organic 
constituents. Blending for dilution to meet the 5,000 Btu/lb limit is 
prohibited and documentation that the waste has not been impermissibly 
diluted must be retained in the records required by paragraph 
(d)(1)(iii) of this section.
    (3) To be exempt from Sec. Sec. 266.102 through 266.111, an owner 
or operator of a lead or nickel-chromium or mercury recovery furnace 
(except for owners or operators of lead recovery furnaces subject to 
regulation under the Secondary Lead Smelting NESHAP) or a metal recovery 
furnace that burns baghouse bags used to capture metallic dusts emitted 
by steel manufacturing, must provide a one-time written notice to the 
Director identifying each hazardous waste burned and specifying whether 
the owner or operator claims an exemption for each waste under this 
paragraph or paragraph (d)(1) of this section. The owners or operator 
must comply with the requirements of paragraph (d)(1) of this section 
for those wastes claimed to be exempt under that paragraph and must 
comply with the requirements below for those wastes claimed to be exempt 
under this paragraph (d)(3).
    (i) The hazardous wastes listed in appendices XI, XII, and XIII, 
part 266, and baghouse bags used to capture metallic dusts emitted by 
steel manufacturing are exempt from the requirements of paragraph (d)(1) 
of this section, provided that:
    (A) A waste listed in appendix XI of this part must contain 
recoverable levels of lead, a waste listed in appendix XII of this part 
must contain recoverable levels of nickel or chromium, a waste listed in 
appendix XIII of this part must contain recoverable levels of
      

[[Page 13]]

mercury and contain less than 500 ppm of 40 CFR part 261, appendix VIII 
organic constituents, and baghouse bags used to capture metallic dusts 
emitted by steel manufacturing must contain recoverable levels of metal; 
and
    (B) The waste does not exhibit the Toxicity Characteristic of Sec. 
261.24 of this chapter for an organic constituent; and
    (C) The waste is not a hazardous waste listed in subpart D of part 
261 of this chapter because it is listed for an organic constituent as 
identified in appendix VII of part 261 of this chapter; and
    (D) The owner or operator certifies in the one-time notice that 
hazardous waste is burned under the provisions of paragraph (d)(3) of 
this section and that sampling and analysis will be conducted or other 
information will be obtained as necessary to ensure continued compliance 
with these requirements. Sampling and analysis shall be conducted 
according to paragraph (d)(1)(ii) of this section and records to 
document compliance with paragraph (d)(3) of this section shall be kept 
for at least three years.
    (ii) The Director may decide on a case-by-case basis that the toxic 
organic constituents in a material listed in appendix XI, XII, or XIII 
of this part that contains a total concentration of more than 500 ppm 
toxic organic compounds listed in appendix VIII, part 261 of this 
chapter, may pose a hazard to human health and the environment when 
burned in a metal recovery furnace exempt from the requirements of this 
subpart. In that situation, after adequate notice and opportunity for 
comment, the metal recovery furnace will become subject to the 
requirements of this subpart when burning that material. In making the 
hazard determination, the Director will consider the following factors:
    (A) The concentration and toxicity of organic constituents in the 
material; and
    (B) The level of destruction of toxic organic constituents provided 
by the furnace; and
    (C) Whether the acceptable ambient levels established in appendices 
IV or V of this part may be exceeded for any toxic organic compound that 
may be emitted based on dispersion modeling to predict the maximum 
annual average off-site ground level concentration.
    (e) The standards for direct transfer operations under Sec. 266.111 
apply only to facilities subject to the permit standards of Sec. 
266.102 or the interim status standards of Sec. 266.103.
    (f) The management standards for residues under Sec. 266.112 apply 
to any boiler or industrial furnace burning hazardous waste.
    (g) Owners and operators of smelting, melting, and refining furnaces 
(including pyrometallurgical devices such as cupolas, sintering 
machines, roasters, and foundry furnaces) that process hazardous waste 
for recovery of economically significant amounts of the precious metals 
gold, silver, platinum, palladium, iridium, osmium, rhodium, or 
ruthenium, or any combination of these are conditionally exempt from 
regulation under this subpart, except for Sec. 266.112. To be exempt 
from Sec. Sec. 266.101 through 266.111, an owner or operator must:
    (1) Provide a one-time written notice to the Director indicating the 
following:
    (i) The owner or operator claims exemption under this paragraph;
    (ii) The hazardous waste is burned for legitimate recovery of 
precious metal; and
    (iii) The owner or operator will comply with the sampling and 
analysis and recordkeeping requirements of this paragraph; and
    (2) Sample and analyze the hazardous waste as necessary to document 
that the waste contains economically significant amounts of the metals 
and that the treatment recovers economically significant amounts of 
precious metal; and
    (3) Maintain at the facility for at least three years records to 
document that all hazardous wastes burned are burned for recovery of 
economically significant amounts of precious metal.
    (h) Starting June 23, 1997, owners or operators of lead recovery 
furnaces that process hazardous waste for recovery of lead and that are 
subject to regulation under the Secondary Lead Smelting NESHAP, are 
conditionally exempt from regulation under this subpart, except for 
Sec. 266.101. To be exempt,
      

[[Page 14]]

an owner or operator must provide a one-time notice to the Director 
identifying each hazardous waste burned and specifying that the owner or 
operator claims an exemption under this paragraph. The notice also must 
state that the waste burned has a total concentration of non-metal 
compounds listed in part 261, appendix VIII, of this chapter of less 
than 500 ppm by weight, as fired and as provided in paragraph (d)(2)(i) 
of this section, or is listed in appendix XI to this part 266.

[56 FR 7208, Feb. 21, 1991]

    Editorial note: For Federal Register citations affecting Sec. 
266.100, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 266.101  Management prior to burning.

    (a) Generators. Generators of hazardous waste that is burned in a 
boiler or industrial furnace are subject to part 262 of this chapter.
    (b) Transporters. Transporters of hazardous waste that is burned in 
a boiler or industrial furnace are subject to part 263 of this chapter.
    (c) Storage and treatment facilities. (1) Owners and operators of 
facilities that store or treat hazardous waste that is burned in a 
boiler or industrial furnace are subject to the applicable provisions of 
parts 264, 265, 267 and 270 of this chapter, except as provided by 
paragraph (c)(2) of this section. These standards apply to storage and 
treatment by the burner as well as to storage and treatment facilities 
operated by intermediaries (processors, blenders, distributors, etc.) 
between the generator and the burner.
    (2) Owners and operators of facilities that burn, in an onsite 
boiler or industrial furnace exempt from regulation under the small 
quantity burner provisions of Sec. 266.108, hazardous waste that they 
generate are exempt from the regulations of parts 264, 265, 267 and 270 
of this chapter applicable to storage units for those storage units that 
store mixtures of hazardous waste and the primary fuel to the boiler or 
industrial furnace in tanks that feed the fuel mixture directly to the 
burner. Storage of hazardous waste prior to mixing with the primary fuel 
is subject to regulation as prescribed in paragraph (c)(1) of this 
section.

[56 FR 7208, Feb. 21, 1991, as amended at 57 FR 38564, Aug. 25, 1992; 64 
FR 53075, Sept. 30, 1999; 75 FR 13007, Mar. 18, 2010]



Sec. 266.102  Permit standards for burners.

    (a) Applicability--(1) General. Owners and operators of boilers and 
industrial furnaces burning hazardous waste and not operating under 
interim status must comply with the requirements of this section and 
Sec. Sec. 270.22 and 270.66 of this chapter, unless exempt under the 
small quantity burner exemption of Sec. 266.108.
    (2) Applicability of part 264 standards. Owners and operators of 
boilers and industrial furnaces that burn hazardous waste are subject to 
the following provisions of part 264 of this chapter, except as provided 
otherwise by this subpart:
    (i) In subpart A (General), 264.4;
    (ii) In subpart B (General facility standards), Sec. Sec. 264.11-
264.18;
    (iii) In subpart C (Preparedness and prevention), Sec. Sec. 264.31-
264.37;
    (iv) In subpart D (Contingency plan and emergency procedures), 
Sec. Sec. 264.51-264.56;
    (v) In subpart E (Manifest system, recordkeeping, and reporting), 
the applicable provisions of Sec. Sec. 264.71-264.77;
    (vi) In subpart F (Releases from Solid Waste Management Units), 
Sec. Sec. 264.90 and 264.101;
    (vii) In subpart G (Closure and post-closure), Sec. Sec. 264.111-
264.115;
    (viii) In subpart H (Financial requirements), Sec. Sec. 264.141, 
264.142, 264.143, and 264.147-264.151, except that States and the 
Federal government are exempt from the requirements of subpart H; and
    (ix) Subpart BB (Air emission standards for equipment leaks), except 
Sec. Sec. 264.1050(a).
    (b) Hazardous waste analysis. (1) The owner or operator must provide 
an analysis of the hazardous waste that quantifies the concentration of 
any constituent identified in appendix VIII of part 261 of this chapter 
that may reasonably be expected to be in the
      

[[Page 15]]

waste. Such constituents must be identified and quantified if present, 
at levels detectable by using appropriate analytical procedures. The 
appendix VIII, part 261 constituents excluded from this analysis must be 
identified and the basis for their exclusion explained. This analysis 
will be used to provide all information required by this subpart and 
Sec. Sec. 270.22 and 270.66 of this chapter and to enable the permit 
writer to prescribe such permit conditions as necessary to protect human 
health and the environment. Such analysis must be included as a portion 
of the part B permit application, or, for facilities operating under the 
interim status standards of this subpart, as a portion of the trial burn 
plan that may be submitted before the part B application under 
provisions of Sec. 270.66(g) of this chapter as well as any other 
analysis required by the permit authority in preparing the permit. 
Owners and operators of boilers and industrial furnaces not operating 
under the interim status standards must provide the information required 
by Sec. Sec. 270.22 or 270.66(c) of this chapter in the part B 
application to the greatest extent possible.
    (2) Throughout normal operation, the owner or operator must conduct 
sampling and analysis as necessary to ensure that the hazardous waste, 
other fuels, and industrial furnace feedstocks fired into the boiler or 
industrial furnace are within the physical and chemical composition 
limits specified in the permit.
    (c) Emissions standards. Owners and operators must comply with 
emissions standards provided by Sec. Sec. 266.104 through 266.107.
    (d) Permits. (1) The owner or operator may burn only hazardous 
wastes specified in the facility permit and only under the operating 
conditions specified under paragraph (e) of this section, except in 
approved trial burns under the conditions specified in Sec. 270.66 of 
this chapter.
    (2) Hazardous wastes not specified in the permit may not be burned 
until operating conditions have been specified under a new permit or 
permit modification, as applicable. Operating requirements for new 
wastes may be based on either trial burn results or alternative data 
included with part B of a permit application under Sec. 270.22 of this 
chapter.
    (3) Boilers and industrial furnaces operating under the interim 
status standards of Sec. 266.103 are permitted under procedures 
provided by Sec. 270.66(g) of this chapter.
    (4) A permit for a new boiler or industrial furnace (those boilers 
and industrial furnaces not operating under the interim status 
standards) must establish appropriate conditions for each of the 
applicable requirements of this section, including but not limited to 
allowable hazardous waste firing rates and operating conditions 
necessary to meet the requirements of paragraph (e) of this section, in 
order to comply with the following standards:
    (i) For the period beginning with initial introduction of hazardous 
waste and ending with initiation of the trial burn, and only for the 
minimum time required to bring the device to a point of operational 
readiness to conduct a trial burn, not to exceed a duration of 720 hours 
operating time when burning hazardous waste, the operating requirements 
must be those most likely to ensure compliance with the emission 
standards of Sec. Sec. 266.104 through 266.107, based on the Director's 
engineering judgment. If the applicant is seeking a waiver from a trial 
burn to demonstrate conformance with a particular emission standard, the 
operating requirements during this initial period of operation shall 
include those specified by the applicable provisions of Sec. 266.104, 
Sec. 266.105, Sec. 266.106, or Sec. 266.107. The Director may extend 
the duration of this period for up to 720 additional hours when good 
cause for the extension is demonstrated by the applicant.
    (ii) For the duration of the trial burn, the operating requirements 
must be sufficient to demonstrate compliance with the emissions 
standards of Sec. Sec. 266.104 through 266.107 and must be in 
accordance with the approved trial burn plan;
    (iii) For the period immediately following completion of the trial 
burn, and only for the minimum period sufficient to allow sample 
analysis, data computation, submission of the trial burn results by the 
applicant, review of the trial burn results and modification of the 
facility permit by the Director

[[Page 16]]

to reflect the trial burn results, the operating requirements must be 
those most likely to ensure compliance with the emission standards 
Sec. Sec. 266.104 through 266.107 based on the Director's engineering 
judgment.
    (iv) For the remaining duration of the permit, the operating 
requirements must be those demonstrated in a trial burn or by 
alternative data specified in Sec. 270.22 of this chapter, as 
sufficient to ensure compliance with the emissions standards of 
Sec. Sec. 266.104 through 266.107.
    (e) Operating requirements--(1) General. A boiler or industrial 
furnace burning hazardous waste must be operated in accordance with the 
operating requirements specified in the permit at all times where there 
is hazardous waste in the unit.
    (2) Requirements to ensure compliance with the organic emissions 
standards--(i) DRE standard. Operating conditions will be specified 
either on a case-by-case basis for each hazardous waste burned as those 
demonstrated (in a trial burn or by alternative data as specified in 
Sec. 270.22) to be sufficient to comply with the destruction and 
removal efficiency (DRE) performance standard of Sec. 266.104(a) or as 
those special operating requirements provided by Sec. 266.104(a)(4) for 
the waiver of the DRE trial burn. When the DRE trial burn is not waived 
under Sec. 266.104(a)(4), each set of operating requirements will 
specify the composition of the hazardous waste (including acceptable 
variations in the physical and chemical properties of the hazardous 
waste which will not affect compliance with the DRE performance 
standard) to which the operating requirements apply. For each such 
hazardous waste, the permit will specify acceptable operating limits 
including, but not limited to, the following conditions as appropriate:
    (A) Feed rate of hazardous waste and other fuels measured and 
specified as prescribed in paragraph (e)(6) of this section;
    (B) Minimum and maximum device production rate when producing normal 
product expressed in appropriate units, measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (C) Appropriate controls of the hazardous waste firing system;
    (D) Allowable variation in boiler and industrial furnace system 
design or operating procedures;
    (E) Minimum combustion gas temperature measured at a location 
indicative of combustion chamber temperature, measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (F) An appropriate indicator of combustion gas velocity, measured 
and specified as prescribed in paragraph (e)(6) of this section, unless 
documentation is provided under Sec. 270.66 of this chapter 
demonstrating adequate combustion gas residence time; and
    (G) Such other operating requirements as are necessary to ensure 
that the DRE performance standard of Sec. 266.104(a) is met.
    (ii) Carbon monoxide and hydrocarbon standards. The permit must 
incorporate a carbon monoxide (CO) limit and, as appropriate, a 
hydrocarbon (HC) limit as provided by paragraphs (b), (c), (d), (e) and 
(f) of Sec. 266.104. The permit limits will be specified as follows:
    (A) When complying with the CO standard of Sec. 266.104(b)(1), the 
permit limit is 100 ppmv;
    (B) When complying with the alternative CO standard under Sec. 
266.104(c), the permit limit for CO is based on the trial burn and is 
established as the average over all valid runs of the highest hourly 
rolling average CO level of each run, and the permit limit for HC is 20 
ppmv (as defined in Sec. 266.104(c)(1)), except as provided in Sec. 
266.104(f).
    (C) When complying with the alternative HC limit for industrial 
furnaces under Sec. 266.104(f), the permit limit for HC and CO is the 
baseline level when hazardous waste is not burned as specified by that 
paragraph.
    (iii) Start-up and shut-down. During start-up and shut-down of the 
boiler or industrial furnace, hazardous waste (except waste fed solely 
as an ingredient under the Tier I (or adjusted Tier I) feed rate 
screening limits for metals and chloride/chlorine, and except low risk 
waste exempt from the trial burn requirements under Sec. Sec. 
266.104(a)(5), 266.105, 266.106, and 266.107) must not be fed into the 
device unless the device is

[[Page 17]]

operating within the conditions of operation specified in the permit.
    (3) Requirements to ensure conformance with the particulate 
standard. (i) Except as provided in paragraphs (e)(3) (ii) and (iii) of 
this section, the permit shall specify the following operating 
requirements to ensure conformance with the particulate standard 
specified in Sec. 266.105:
    (A) Total ash feed rate to the device from hazardous waste, other 
fuels, and industrial furnace feedstocks, measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (B) Maximum device production rate when producing normal product 
expressed in appropriate units, and measured and specified as prescribed 
in paragraph (e)(6) of this section;
    (C) Appropriate controls on operation and maintenance of the 
hazardous waste firing system and any air pollution control system;
    (D) Allowable variation in boiler and industrial furnace system 
design including any air pollution control system or operating 
procedures; and
    (E) Such other operating requirements as are necessary to ensure 
that the particulate standard in Sec. 266.105(a) is met.
    (ii) Permit conditions to ensure conformance with the particulate 
matter standard shall not be provided for facilities exempt from the 
particulate matter standard under Sec. 266.105(b);
    (iii) For cement kilns and light-weight aggregate kilns, permit 
conditions to ensure compliance with the particulate standard shall not 
limit the ash content of hazardous waste or other feed materials.
    (4) Requirements to ensure conformance with the metals emissions 
standard. (i) For conformance with the Tier I (or adjusted Tier I) 
metals feed rate screening limits of paragraphs (b) or (e) of Sec. 
266.106, the permit shall specify the following operating requirements:
    (A) Total feed rate of each metal in hazardous waste, other fuels, 
and industrial furnace feedstocks measured and specified under 
provisions of paragraph (e)(6) of this section;
    (B) Total feed rate of hazardous waste measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (C) A sampling and metals analysis program for the hazardous waste, 
other fuels, and industrial furnace feedstocks;
    (ii) For conformance with the Tier II metals emission rate screening 
limits under Sec. 266.106(c) and the Tier III metals controls under 
Sec. 266.106(d), the permit shall specify the following operating 
requirements:
    (A) Maximum emission rate for each metal specified as the average 
emission rate during the trial burn;
    (B) Feed rate of total hazardous waste and pumpable hazardous waste, 
each measured and specified as prescribed in paragraph (e)(6)(i) of this 
section;
    (C) Feed rate of each metal in the following feedstreams, measured 
and specified as prescribed in paragraphs (e)(6) of this section:
    (1) Total feedstreams;
    (2) Total hazardous waste feed; and
    (3) Total pumpable hazardous waste feed;
    (D) Total feed rate of chlorine and chloride in total feedstreams 
measured and specified as prescribed in paragraph (e)(6) of this 
section;
    (E) Maximum combustion gas temperature measured at a location 
indicative of combustion chamber temperature, and measured and specified 
as prescribed in paragraph (e)(6) of this section;
    (F) Maximum flue gas temperature at the inlet to the particulate 
matter air pollution control system measured and specified as prescribed 
in paragraph (e)(6) of this section;
    (G) Maximum device production rate when producing normal product 
expressed in appropriate units and measured and specified as prescribed 
in paragraph (e)(6) of this section;
    (H) Appropriate controls on operation and maintenance of the 
hazardous waste firing system and any air pollution control system;
    (I) Allowable variation in boiler and industrial furnace system 
design including any air pollution control system or operating 
procedures; and
    (J) Such other operating requirements as are necessary to ensure 
that the metals standards under Sec. Sec. 266.106(c) or 266.106(d) are 
met.

[[Page 18]]

    (iii) For conformance with an alternative implementation approach 
approved by the Director under Sec. 266.106(f), the permit will specify 
the following operating requirements:
    (A) Maximum emission rate for each metal specified as the average 
emission rate during the trial burn;
    (B) Feed rate of total hazardous waste and pumpable hazardous waste, 
each measured and specified as prescribed in paragraph (e)(6)(i) of this 
section;
    (C) Feed rate of each metal in the following feedstreams, measured 
and specified as prescribed in paragraph (e)(6) of this section:
    (1) Total hazardous waste feed; and
    (2) Total pumpable hazardous waste feed;
    (D) Total feed rate of chlorine and chloride in total feedstreams 
measured and specified prescribed in paragraph (e)(6) of this section;
    (E) Maximum combustion gas temperature measured at a location 
indicative of combustion chamber temperature, and measured and specified 
as prescribed in paragraph (e)(6) of this section;
    (F) Maximum flue gas temperature at the inlet to the particulate 
matter air pollution control system measured and specified as prescribed 
in paragraph (e)(6) of this section;
    (G) Maximum device production rate when producing normal product 
expressed in appropriate units and measured and specified as prescribed 
in paragraph (e)(6) of this section;
    (H) Appropriate controls on operation and maintenance of the 
hazardous waste firing system and any air pollution control system;
    (I) Allowable variation in boiler and industrial furnace system 
design including any air pollution control system or operating 
procedures; and
    (J) Such other operating requirements as are necessary to ensure 
that the metals standards under Sec. Sec. 266.106(c) or 266.106(d) are 
met.
    (5) Requirements to ensure conformance with the hydrogen chloride 
and chlorine gas standards. (i) For conformance with the Tier I total 
chloride and chlorine feed rate screening limits of Sec. 266.107(b)(1), 
the permit will specify the following operating requirements:
    (A) Feed rate of total chloride and chlorine in hazardous waste, 
other fuels, and industrial furnace feedstocks measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (B) Feed rate of total hazardous waste measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (C) A sampling and analysis program for total chloride and chlorine 
for the hazardous waste, other fuels, and industrial furnace feedstocks;
    (ii) For conformance with the Tier II HCl and Cl2 
emission rate screening limits under Sec. 266.107(b)(2) and the Tier 
III HCl and Cl2 controls under Sec. 266.107(c), the permit 
will specify the following operating requirements:
    (A ) Maximum emission rate for HCl and for Cl2 specified 
as the average emission rate during the trial burn;
    (B) Feed rate of total hazardous waste measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (C) Total feed rate of chlorine and chloride in total feedstreams, 
measured and specified as prescribed in paragraph (e)(6) of this 
section;
    (D) Maximum device production rate when producing normal product 
expressed in appropriate units, measured and specified as prescribed in 
paragraph (e)(6) of this section;
    (E) Appropriate controls on operation and maintenance of the 
hazardous waste firing system and any air pollution control system;
    (F) Allowable variation in boiler and industrial furnace system 
design including any air pollution control system or operating 
procedures; and
    (G) Such other operating requirements as are necessary to ensure 
that the HCl and Cl2 standards under Sec. 266.107 (b)(2) or 
(c) are met.
    (6) Measuring parameters and establishing limits based on trial burn 
data--(i) General requirements. As specified in paragraphs (e)(2) 
through (e)(5) of this section, each operating parameter shall be 
measured, and permit limits on the parameter shall be established, 
according to either of the following procedures:
    (A) Instantaneous limits. A parameter may be measured and recorded 
on an instantaneous basis (i.e., the value that

[[Page 19]]

occurs at any time) and the permit limit specified as the time-weighted 
average during all valid runs of the trial burn; or
    (B) Hourly rolling average. (1) The limit for a parameter may be 
established and continuously monitored on an hourly rolling average 
basis defined as follows:
    (i) A continuous monitor is one which continuously samples the 
regulated parameter without interruption, and evaluates the detector 
response at least once each 15 seconds, and computes and records the 
average value at least every 60 seconds.
    (ii) An hourly rolling average is the arithmetic mean of the 60 most 
recent 1-minute average values recorded by the continuous monitoring 
system.
    (2) The permit limit for the parameter shall be established based on 
trial burn data as the average over all valid test runs of the highest 
hourly rolling average value for each run.
    (ii) Rolling average limits for carcinogenic metals and lead. Feed 
rate limits for the carcinogenic metals (i.e., arsenic, beryllium, 
cadmium and chromium) and lead may be established either on an hourly 
rolling average basis as prescribed by paragraph (e)(6)(i) of this 
section or on (up to) a 24 hour rolling average basis. If the owner or 
operator elects to use an average period from 2 to 24 hours:
    (A) The feed rate of each metal shall be limited at any time to ten 
times the feed rate that would be allowed on an hourly rolling average 
basis;
    (B) The continuous monitor shall meet the following specifications:
    (1) A continuous monitor is one which continuously samples the 
regulated parameter without interruption, and evaluates the detector 
response at least once each 15 seconds, and computes and records the 
average value at least every 60 seconds.
    (2) The rolling average for the selected averaging period is defined 
as the arithmetic mean of one hour block averages for the averaging 
period. A one hour block average is the arithmetic mean of the one 
minute averages recorded during the 60-minute period beginning at one 
minute after the beginning of the preceding clock hour; and
    (C) The permit limit for the feed rate of each metal shall be 
established based on trial burn data as the average over all valid test 
runs of the highest hourly rolling average feed rate for each run.
    (iii) Feed rate limits for metals, total chloride and chlorine, and 
ash. Feed rate limits for metals, total chlorine and chloride, and ash 
are established and monitored by knowing the concentration of the 
substance (i.e., metals, chloride/chlorine, and ash) in each feedstream 
and the flow rate of the feedstream. To monitor the feed rate of these 
substances, the flow rate of each feedstream must be monitored under the 
continuous monitoring requirements of paragraphs (e)(6) (i) and (ii) of 
this section.
    (iv) Conduct of trial burn testing. (A) If compliance with all 
applicable emissions standards of Sec. Sec. 266.104 through 266.107 is 
not demonstrated simultaneously during a set of test runs, the operating 
conditions of additional test runs required to demonstrate compliance 
with remaining emissions standards must be as close as possible to the 
original operating conditions.
    (B) Prior to obtaining test data for purposes of demonstrating 
compliance with the emissions standards of Sec. Sec. 266.104 through 
266.107 or establishing limits on operating parameters under this 
section, the facility must operate under trial burn conditions for a 
sufficient period to reach steady-state operations. The Director may 
determine, however, that industrial furnaces that recycle collected 
particulate matter back into the furnace and that comply with an 
alternative implementation approach for metals under Sec. 266.106(f) 
need not reach steady state conditions with respect to the flow of 
metals in the system prior to beginning compliance testing for metals 
emissions.
    (C) Trial burn data on the level of an operating parameter for which 
a limit must be established in the permit must be obtained during 
emissions sampling for the pollutant(s) (i.e., metals, PM, HCl/
Cl2, organic compounds) for which the parameter must be 
established as specified by paragraph (e) of this section.

[[Page 20]]

    (7) General requirements--(i) Fugitive emissions. Fugitive emissions 
must be controlled by:
    (A) Keeping the combustion zone totally sealed against fugitive 
emissions; or
    (B) Maintaining the combustion zone pressure lower than atmospheric 
pressure; or
    (C) An alternate means of control demonstrated (with part B of the 
permit application) to provide fugitive emissions control equivalent to 
maintenance of combustion zone pressure lower than atmospheric pressure.
    (ii) Automatic waste feed cutoff. A boiler or industrial furnace 
must be operated with a functioning system that automatically cuts off 
the hazardous waste feed when operating conditions deviate from those 
established under this section. The Director may limit the number of 
cutoffs per an operating period on a case-by-case basis. In addition:
    (A) The permit limit for (the indicator of) minimum combustion 
chamber temperature must be maintained while hazardous waste or 
hazardous waste residues remain in the combustion chamber,
    (B) Exhaust gases must be ducted to the air pollution control system 
operated in accordance with the permit requirements while hazardous 
waste or hazardous waste residues remain in the combustion chamber; and
    (C) Operating parameters for which permit limits are established 
must continue to be monitored during the cutoff, and the hazardous waste 
feed shall not be restarted until the levels of those parameters comply 
with the permit limits. For parameters that may be monitored on an 
instantaneous basis, the Director will establish a minimum period of 
time after a waste feed cutoff during which the parameter must not 
exceed the permit limit before the hazardous waste feed may be 
restarted.
    (iii) Changes. A boiler or industrial furnace must cease burning 
hazardous waste when changes in combustion properties, or feed rates of 
the hazardous waste, other fuels, or industrial furnace feedstocks, or 
changes in the boiler or industrial furnace design or operating 
conditions deviate from the limits as specified in the permit.
    (8) Monitoring and Inspections. (i) The owner or operator must 
monitor and record the following, at a minimum, while burning hazardous 
waste:
    (A) If specified by the permit, feed rates and composition of 
hazardous waste, other fuels, and industrial furnace feedstocks, and 
feed rates of ash, metals, and total chloride and chlorine;
    (B) If specified by the permit, carbon monoxide (CO), hydrocarbons 
(HC), and oxygen on a continuous basis at a common point in the boiler 
or industrial furnace downstream of the combustion zone and prior to 
release of stack gases to the atmosphere in accordance with operating 
requirements specified in paragraph (e)(2)(ii) of this section. CO, HC, 
and oxygen monitors must be installed, operated, and maintained in 
accordance with methods specified in appendix IX of this part.
    (C) Upon the request of the Director, sampling and analysis of the 
hazardous waste (and other fuels and industrial furnace feedstocks as 
appropriate), residues, and exhaust emissions must be conducted to 
verify that the operating requirements established in the permit achieve 
the applicable standards of Sec. Sec. 266.104, 266.105, 266.106, and 
266.107.
    (ii) All monitors shall record data in units corresponding to the 
permit limit unless otherwise specified in the permit.
    (iii) The boiler or industrial furnace and associated equipment 
(pumps, valves, pipes, fuel storage tanks, etc.) must be subjected to 
thorough visual inspection when it contains hazardous waste, at least 
daily for leaks, spills, fugitive emissions, and signs of tampering.
    (iv) The automatic hazardous waste feed cutoff system and associated 
alarms must be tested at least once every 7 days when hazardous waste is 
burned to verify operability, unless the applicant demonstrates to the 
Director that weekly inspections will unduly restrict or upset 
operations and that less frequent inspections will be adequate. At a 
minimum, operational testing must be conducted at least once every 30 
days.
    (v) These monitoring and inspection data must be recorded and the 
records

[[Page 21]]

must be placed in the operating record required by Sec. 264.73 of this 
chapter.
    (9) Direct transfer to the burner. If hazardous waste is directly 
transferred from a transport vehicle to a boiler or industrial furnace 
without the use of a storage unit, the owner and operator must comply 
with Sec. 266.111.
    (10) Recordkeeping. The owner or operator must maintain in the 
operating record of the facility all information and data required by 
this section for five years.
    (11) Closure. At closure, the owner or operator must remove all 
hazardous waste and hazardous waste residues (including, but not limited 
to, ash, scrubber waters, and scrubber sludges) from the boiler or 
industrial furnace.

[56 FR 7208, Feb. 21, 1991; 56 FR 32688, July 17, 1991, as amended at 56 
FR 42512, 42514, Aug. 27, 1991; 70 FR 34588, June 14, 2005; 71 FR 16913, 
Apr. 4, 2006; 71 FR 40277, July 14, 2006]



Sec. 266.103  Interim status standards for burners.

    (a) Purpose, scope, applicability--(1) General. (i) The purpose of 
this section is to establish minimum national standards for owners and 
operators of ``existing'' boilers and industrial furnaces that burn 
hazardous waste where such standards define the acceptable management of 
hazardous waste during the period of interim status. The standards of 
this section apply to owners and operators of existing facilities until 
either a permit is issued under Sec. 266.102(d) or until closure 
responsibilities identified in this section are fulfilled.
    (ii) Existing or in existence means a boiler or industrial furnace 
that on or before August 21, 1991 is either in operation burning or 
processing hazardous waste or for which construction (including the 
ancillary facilities to burn or to process the hazardous waste) has 
commenced. A facility has commenced construction if the owner or 
operator has obtained the Federal, State, and local approvals or permits 
necessary to begin physical construction; and either:
    (A) A continuous on-site, physical construction program has begun; 
or
    (B) The owner or operator has entered into contractual obligations--
which cannot be canceled or modified without substantial loss--for 
physical construction of the facility to be completed within a 
reasonable time.
    (iii) If a boiler or industrial furnace is located at a facility 
that already has a permit or interim status, then the facility must 
comply with the applicable regulations dealing with permit modifications 
in Sec. 270.42 or changes in interim status in Sec. 270.72 of this 
chapter.
    (2) Exemptions. The requirements of this section do not apply to 
hazardous waste and facilities exempt under Sec. Sec. 266.100(b), or 
266.108.
    (3) Prohibition on burning dioxin-listed wastes. The following 
hazardous waste listed for dioxin and hazardous waste derived from any 
of these wastes may not be burned in a boiler or industrial furnace 
operating under interim status: F020, F021, F022, F023, F026, and F027.
    (4) Applicability of part 265 standards. Owners and operators of 
boilers and industrial furnaces that burn hazardous waste and are 
operating under interim status are subject to the following provisions 
of part 265 of this chapter, except as provided otherwise by this 
section:
    (i) In subpart A (General), Sec. 265.4;
    (ii) In subpart B (General facility standards), Sec. Sec. 265.11-
265.17;
    (iii) In subpart C (Preparedness and prevention), Sec. Sec. 265.31-
265.37;
    (iv) In subpart D (Contingency plan and emergency procedures), 
Sec. Sec. 265.51-265.56;
    (v) In subpart E (Manifest system, recordkeeping, and reporting), 
Sec. Sec. 265.71-265.77, except that Sec. Sec. 265.71, 265.72, and 
265.76 do not apply to owners and operators of on-site facilities that 
do not receive any hazardous waste from off-site sources;
    (vi) In subpart G (Closure and post-closure), Sec. Sec. 265.111-
265.115;
    (vii) In subpart H (Financial requirements), Sec. Sec. 265.141, 
265.142, 265.143, and 265.147-265.150, except that States and the 
Federal government are exempt from the requirements of subpart H; and
    (viii) Subpart BB (Air emission standards for equipment leaks), 
except Sec. 265.1050(a).
    (5) Special requirements for furnaces. The following controls apply 
during interim status to industrial furnaces

[[Page 22]]

(e.g., kilns, cupolas) that feed hazardous waste for a purpose other 
than solely as an ingredient (see paragraph (a)(5)(ii) of this section) 
at any location other than the hot end where products are normally 
discharged or where fuels are normally fired:
    (i) Controls. (A) The hazardous waste shall be fed at a location 
where combustion gas temperatures are at least 1800 [deg]F;
    (B) The owner or operator must determine that adequate oxygen is 
present in combustion gases to combust organic constituents in the waste 
and retain documentation of such determination in the facility record;
    (C) For cement kiln systems, the hazardous waste shall be fed into 
the kiln; and
    (D) The hydrocarbon controls of Sec. 266.104(c) or paragraph (c)(5) 
of this section apply upon certification of compliance under paragraph 
(c) of this section irrespective of the CO level achieved during the 
compliance test.
    (ii) Burning hazardous waste solely as an ingredient. A hazardous 
waste is burned for a purpose other than solely as an ingredient if it 
meets either of these criteria:
    (A) The hazardous waste has a total concentration of nonmetal 
compounds listed in part 261, appendix VIII, of this chapter exceeding 
500 ppm by weight, as-fired, and so is considered to be burned for 
destruction. The concentration of nonmetal compounds in a waste as-
generated may be reduced to the 500 ppm limit by bona fide treatment 
that removes or destroys nonmetal constituents. Blending for dilution to 
meet the 500 ppm limit is prohibited and documentation that the waste 
has not been impermissibly diluted must be retained in the facility 
record; or
    (B) The hazardous waste has a heating value of 5,000 Btu/lb or more, 
as-fired, and so is considered to be burned as fuel. The heating value 
of a waste as-generated may be reduced to below the 5,000 Btu/lb limit 
by bona fide treatment that removes or destroys organic constituents. 
Blending to augment the heating value to meet the 5,000 Btu/lb limit is 
prohibited and documentation that the waste has not been impermissibly 
blended must be retained in the facility record.
    (6) Restrictions on burning hazardous waste that is not a fuel. 
Prior to certification of compliance under paragraph (c) of this 
section, owners and operators shall not feed hazardous waste 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

[[Page 23]]

limits for the operating parameters specified in paragraph (b)(3) of 
this section. Such information is termed a ``certification of 
precompliance'' and constitutes a certification that the owner or 
operator has determined that, when the facility is operated within the 
limits specified in paragraph (b)(3) of this section, the owner or 
operator believes that, using best engineering judgment, emissions of 
particulate matter, metals, and HCl and Cl2 are not likely to 
exceed the limits provided by Sec. Sec. 266.105, 266.106, and 266.107. 
The facility may burn hazardous waste only under the operating 
conditions that the owner or operator establishes under paragraph (b)(3) 
of this section until the owner or operator submits a revised 
certification of precompliance under paragraph (b)(8) of this section or 
a certification of compliance under paragraph (c) of this section, or 
until a permit is issued.
    (2) Information required. The following information must be 
submitted with the certification of precompliance to support the 
determination that the limits established for the operating parameters 
identified in paragraph (b)(3) of this section are not likely to result 
in an exceedance of the allowable emission rates for particulate matter, 
metals, and HCl and Cl2.
    (i) General facility information:
    (A) EPA facility ID number;
    (B) Facility name, contact person, telephone number, and address;
    (C) Description of boilers and industrial furnaces burning hazardous 
waste, including type and capacity of device;
    (D) A scaled plot plan showing the entire facility and location of 
the boilers and industrial furnaces burning hazardous waste; and
    (E) A description of the air pollution control system on each device 
burning hazardous waste, including the temperature of the flue gas at 
the inlet to the particulate matter control system.
    (ii) Except for facilities complying with the Tier I or Adjusted 
Tier I feed rate screening limits for metals or total chlorine and 
chloride provided by Sec. Sec. 266.106 (b) or (e) and 266.107 (b)(1) or 
(e), respectively, the estimated uncontrolled (at the inlet to the air 
pollution control system) emissions of particulate matter, each metal 
controlled by Sec. 266.106, and hydrogen chloride and chlorine, and the 
following information to support such determinations:
    (A) The feed rate (lb/hr) of ash, chlorine, antimony, arsenic, 
barium, beryllium, cadmium, chromium, lead, mercury, silver, and 
thallium in each feedstream (hazardous waste, other fuels, industrial 
furnace feedstocks);
    (B) The estimated partitioning factor to the combustion gas for the 
materials identified in paragraph (b)(2)(ii)(A) of this section and the 
basis for the estimate and an estimate of the partitioning to HCl and 
Cl2 of total chloride and chlorine in feed materials. To 
estimate the partitioning factor, the owner or operator must use either 
best engineering judgment or the procedures specified in appendix IX of 
this part.
    (C) For industrial furnaces that recycle collected particulate 
matter (PM) back into the furnace and that will certify compliance with 
the metals emissions standards under paragraph (c)(3)(ii)(A), the 
estimated enrichment factor for each metal. To estimate the enrichment 
factor, the owner or operator must use either best engineering judgment 
or the procedures specified in ``Alternative Methodology for 
Implementing Metals Controls'' in appendix IX of this part.
    (D) If best engineering judgment is used to estimate partitioning 
factors or enrichment factors under paragraphs (b)(2)(ii)(B) or 
(b)(2)(ii)(C) respectively, the basis for the judgment. When best 
engineering judgment is used to develop or evaluate data or information 
and make determinations under this section, the determinations must be 
made by a qualified, registered professional engineer and a 
certification of his/her determinations in accordance with Sec. 
270.11(d) of this chapter must be provided in the certification of 
precompliance.
    (iii) For facilities complying with the Tier I or Adjusted Tier I 
feed rate screening limits for metals or total chlorine and chloride 
provided by Sec. Sec. 266.106 (b) or (e) and 266.107 (b)(1) or (e), the 
feed rate (lb/hr) of total chloride and chlorine, antimony, arsenic, 
barium, beryllium, cadmium, chromium, lead, mercury, silver, and 
thallium in each feed stream (hazardous

[[Page 24]]

waste, other fuels, industrial furnace feedstocks).
    (iv) For facilities complying with the Tier II or Tier III emission 
limits for metals or HCl and Cl2 (under Sec. Sec. 266.106 
(c) or (d) or 266.107(b)(2) or (c)), the estimated controlled (outlet of 
the air pollution control system) emissions rates of particulate matter, 
each metal controlled by Sec. 266.106, and HCl and Cl2, and 
the following information to support such determinations:
    (A) The estimated air pollution control system (APCS) removal 
efficiency for particulate matter, HCl, Cl2, antimony, 
arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, 
and thallium.
    (B) To estimate APCS removal efficiency, the owner or operator must 
use either best engineering judgment or the procedures prescribed in 
appendix IX of this part.
    (C) If best engineering judgment is used to estimate APCS removal 
efficiency, the basis for the judgment. Use of best engineering judgment 
must be in conformance with provisions of paragraph (b)(2)(ii)(D) of 
this section.
    (v) Determination of allowable emissions rates for HCl, 
Cl2, antimony, arsenic, barium, beryllium, cadmium, chromium, 
lead, mercury, silver, and thallium, and the following information to 
support such determinations:
    (A) For all facilities:
    (1) Physical stack height;
    (2) Good engineering practice stack height as defined by 40 CFR 
51.100(ii);
    (3) Maximum flue gas flow rate;
    (4) Maximum flue gas temperature;
    (5) Attach a US Geological Service topographic map (or equivalent) 
showing the facility location and surrounding land within 5 km of the 
facility;
    (6) Identify terrain type: complex or noncomplex; and
    (7) Identify land use: urban or rural.
    (B) For owners and operators using Tier III site specific dispersion 
modeling to determine allowable levels under Sec. 266.106(d) or Sec. 
266.107(c), or adjusted Tier I feed rate screening limits under 
Sec. Sec. 266.106(e) or 266.107(e):
    (1) Dispersion model and version used;
    (2) Source of meteorological data;
    (3) The dilution factor in micrograms per cubic meter per gram per 
second of 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)

[[Page 25]]

of this section or certification of compliance under paragraph (c) of 
this section:
    (i) Feed rate of total hazardous waste and (unless complying with 
the Tier I or adjusted Tier I metals feed rate screening limits under 
Sec. 266.106 (b) or (e)) pumpable hazardous waste;
    (ii) Feed rate of each metal in the following feed streams:
    (A) Total feed streams, except that industrial furnaces that comply 
with the alternative metals implementation approach under paragraph 
(b)(4) of this section must specify limits on the concentration of each 
metal in collected particulate matter in lieu of feed rate limits for 
total feedstreams;
    (B) Total hazardous waste feed, unless complying with the Tier I or 
Adjusted Tier I metals feed rate screening limits under Sec. 266.106 
(b) or (e); and
    (C) Total pumpable hazardous waste feed, unless complying with the 
Tier I or adjusted Tier I metals feed rate screening limits under Sec. 
266.106 (b) or (e);
    (iii) Total feed rate of chlorine and chloride in total feed 
streams;
    (iv) Total feed rate of ash in total feed streams, except that the 
ash feed rate for cement kilns and light-weight aggregate kilns is not 
limited; and
    (v) Maximum production rate of the device in appropriate units when 
producing normal product, unless complying with the Tier I or Adjusted 
Tier I feed rate screening limits for chlorine under Sec. 266.107 
(b)(1) or (e) and for all metals under Sec. 266.106 (b) or (e), and the 
uncontrolled particulate emissions do not exceed the standard under 
Sec. 266.105.
    (4) Operating requirements for furnaces that recycle PM. Owners and 
operators of furnaces that recycle collected particulate matter (PM) 
back into the furnace and that will certify compliance with the metals 
emissions controls under paragraph (c)(3)(ii)(A) of this section must 
comply with the special operating requirements provided in ``Alternative 
Methodology for Implementing Metals Controls'' in appendix IX of this 
part.
    (5) Measurement of feed rates and production rate--(i) General 
requirements. Limits on each of the parameters specified in paragraph 
(b)(3) of this section (except for limits on metals concentrations in 
collected particulate matter (PM) for industrial furnaces that recycle 
collected PM) shall be established and continuously monitored under 
either of the following methods:
    (A) Instantaneous limits. A limit for a parameter may be established 
and continuously monitored and recorded on an instantaneous basis (i.e., 
the value that occurs at any time) not to be exceeded at any time; or
    (B) Hourly rolling average limits. A limit for a parameter may be 
established and continuously monitored on an hourly rolling average 
basis defined as follows:
    (1) A continuous monitor is one which continuously samples the 
regulated parameter without interruption, and evaluates the detector 
response at least once each 15 seconds, and computes and records the 
average value at least every 60 seconds.
    (2) An hourly rolling average is the arithmetic mean of the 60 most 
recent 1-minute average values recorded by the continuous monitoring 
system.
    (ii) Rolling average limits for carcinogenic metals and lead. Feed 
rate limits for the carcinogenic metals (arsenic, beryllium, cadmium, 
and chromium) and lead may be established either on an hourly rolling 
average basis as prescribed by paragraph (b)(5)(i)(B) or on (up to) a 24 
hour rolling average basis. If the owner or operator elects to use an 
averaging period from 2 to 24 hours:
    (A) The feed rate of each metal shall be limited at any time to ten 
times the feed rate that would be allowed on an hourly rolling average 
basis;
    (B) The continuous monitor shall meet the following specifications:
    (1) A continuous monitor is one which continuously samples the 
regulated parameter without interruption, and evaluates the detector 
response at least once each 15 seconds, and computes and records the 
average value at least every 60 seconds.
    (2) The rolling average for the selected averaging period is defined 
as the arithmetic mean of one hour block averages for the averaging 
period. A one hour block average is the arithmetic mean of the one 
minute averages recorded during the 60-minute period beginning at one 
minute after the beginning of preceding clock hour.

[[Page 26]]

    (iii) Feed rate limits for metals, total chloride and chlorine, and 
ash. Feed rate limits for metals, total chlorine and chloride, and ash 
are established and monitored by knowing the concentration of the 
substance (i.e., metals, chloride/chlorine, and ash) in each feedstream 
and the flow rate of the feedstream. To monitor the feed rate of these 
substances, the flow rate of each feedstream must be monitored under the 
continuous monitoring requirements of paragraphs (b)(5) (i) and (ii) of 
this section.
    (6) Public notice requirements at precompliance. On or before August 
21, 1991 the owner or operator must submit a notice with the following 
information for publication in a major local newspaper of general 
circulation and send a copy of the notice to the appropriate units of 
State and local government. The owner and operator must provide to the 
Director with the certification of precompliance evidence of submitting 
the notice for publication. The notice, which shall be entitled ``Notice 
of Certification of Precompliance with Hazardous Waste Burning 
Requirements of 40 CFR 266.103(b)'', must include:
    (i) Name and address of the owner and operator of the facility as 
well as the location of the device burning hazardous waste;
    (ii) Date that the certification of precompliance is submitted to 
the Director;
    (iii) Brief description of the regulatory process required to comply 
with the interim status requirements of this section including required 
emissions testing to demonstrate conformance with emissions standards 
for organic compounds, particulate matter, metals, and HCl and 
Cl2;
    (iv) Types and quantities of hazardous waste burned including, but 
not limited to, source, whether solids or liquids, as well as an 
appropriate description of the waste;
    (v) Type of device(s) in which the hazardous waste is burned 
including a physical description and maximum production rate of each 
device;
    (vi) Types and quantities of other fuels and industrial furnace 
feedstocks fed to each unit;
    (vii) Brief description of the basis for this certification of 
precompliance as specified in paragraph (b)(2) of this section;
    (viii) Locations where the record for the facility can be viewed and 
copied by interested parties. These records and locations shall at a 
minimum include:
    (A) The administrative record kept by the Agency office where the 
supporting documentation was submitted or another location designated by 
the Director; and
    (B) The BIF correspondence file kept at the facility site where the 
device is located. The correspondence file must include all 
correspondence between the facility and the Director, State and local 
regulatory officials, including copies of all certifications and 
notifications, such as the precompliance certification, precompliance 
public notice, notice of compliance testing, compliance test report, 
compliance certification, time extension requests and approvals or 
denials, enforcement notifications of violations, and copies of EPA and 
State site visit reports submitted to the owner or operator.
    (ix) Notification of the establishment of a facility mailing list 
whereby interested parties shall notify the Agency that they wish to be 
placed on the mailing list to receive future information and notices 
about this facility; and
    (x) Location (mailing address) of the applicable EPA Regional 
Office, Hazardous Waste Division, where further information can be 
obtained on EPA regulation of hazardous waste burning.
    (7) Monitoring other operating parameters. When the monitoring 
systems for the operating parameters listed in paragraphs (c)(1) (v 
through xiii) of this section are installed and operating in conformance 
with vendor specifications or (for CO, HC, and oxygen) specifications 
provided by appendix IX of this part, as appropriate, the parameters 
shall be continuously monitored and records shall be maintained in the 
operating record.
    (8) Revised certification of precompliance. The owner or operator 
may revise at any time the information and operating conditions 
documented under paragraphs (b)(2) and

[[Page 27]]

(b)(3) of this section in the certification of precompliance by 
submitting a revised certification of precompliance under procedures 
provided by those paragraphs.
    (i) The public notice requirements of paragraph (b)(6) of this 
section do not apply to recertifications.
    (ii) The owner and operator must operate the facility within the 
limits established for the operating parameters under paragraph (b)(3) 
of this section until a revised certification is submitted under this 
paragraph or a certification of compliance is submitted under paragraph 
(c) of this section.
    (9) Certification of precompliance statement. The owner or operator 
must include the following signed statement with the certification of 
precompliance submitted to the Director:

    ``I certify under penalty of law that this information was prepared 
under my direction or supervision in accordance with a system designed 
to ensure that qualified personnel properly gathered and evaluated the 
information and supporting documentation. Copies of all emissions tests, 
dispersion modeling results and other information used to determine 
conformance with the requirements of Sec. 266.103(b) are available at 
the facility and can be obtained from the facility contact person listed 
above. Based on my inquiry of the person or persons who manages the 
facility, or those persons directly responsible for gathering the 
information, the information submitted is, to the best of my knowledge 
and belief, true, accurate, and complete. I am aware that there are 
significant penalties for submitting false information, including the 
possibility of fine and imprisonment for knowing violations.
    I also acknowledge that the operating limits established in this 
certification pursuant to Sec. 266.103(b) (3) and (4) are enforceable 
limits at which the facility can legally operate during interim status 
until: (1) A revised certification of precompliance is submitted, (2) a 
certification of compliance is submitted, or (3) an operating permit is 
issued.''

    (c) Certification of compliance. The owner or operator shall conduct 
emissions testing to document compliance with the emissions standards of 
Sec. Sec. 266.104 (b) through (e), 266.105, 266.106, 266.107, and 
paragraph (a)(5)(i)(D) of this section, under the procedures prescribed 
by this paragraph, except under extensions of time provided by paragraph 
(c)(7). Based on the compliance test, the owner or operator shall submit 
to the Director on or before August 21, 1992 a complete and accurate 
``certification of compliance'' (under paragraph (c)(4) of this section) 
with those emission standards establishing limits on the operating 
parameters specified in paragraph (c)(1).
    (1) Limits on operating conditions. The owner or operator shall 
establish limits on the following parameters based on operations during 
the compliance test (under procedures prescribed in paragraph (c)(4)(iv) 
of this section) or as otherwise specified and include these limits with 
the certification of compliance. The boiler or industrial furnace must 
be operated in accordance with these operating limits and the applicable 
emissions standards of Sec. Sec. 266.104(b) through (e), 266.105, 
266.106, 266.107, and 266.103(a)(5)(i)(D) at all times when there is 
hazardous waste in the unit.
    (i) Feed rate of total hazardous waste and (unless complying with 
the Tier I or adjusted Tier I metals feed rate screening limits under 
Sec. 266.106(b) or (e)), pumpable hazardous waste;
    (ii) Feed rate of each metal in the following feedstreams:
    (A) Total feedstreams, except that:
    (1) Facilities that comply with Tier I or Adjusted Tier I metals 
feed rate screening limits may set their operating limits at the metals 
feed rate screening limits determined under Sec. 266.106(b) or (e); and
    (2) Industrial furnaces that must comply with the alternative metals 
implementation approach under paragraph (c)(3)(ii) of this section must 
specify limits on the concentration of each metal in the collected 
particulate matter in lieu of feed rate limits for total feedstreams;
    (B) Total hazardous waste feed (unless complying with the Tier I or 
Adjusted Tier I metals feed rate screening limits under Sec. 266.106(b) 
or (e)); and
    (C) Total pumpable hazardous waste feed (unless complying with the 
Tier I or Adjusted Tier I metals feed rate screening limits under Sec. 
266.106(b) or (e));
    (iii) Total feed rate of chlorine and chloride in total feed 
streams, except that facilities that comply with Tier I or Adjusted Tier 
I feed rate screening limits may set their operating limits at the total 
chlorine and chloride feed

[[Page 28]]

rate screening limits determined under Sec. 266.107(b)(1) or (e);
    (iv) Total feed rate of ash in total feed streams, except that the 
ash feed rate for cement kilns and light-weight aggregate kilns is not 
limited;
    (v) Carbon monoxide concentration, and where required, hydrocarbon 
concentration in stack gas. When complying with the CO controls of Sec. 
266.104(b), the CO limit is 100 ppmv, and when complying with the HC 
controls of Sec. 266.104(c), the HC limit is 20 ppmv. When complying 
with the CO controls of Sec. 266.104(c), the CO limit is established 
based on the compliance test;
    (vi) Maximum production rate of the device in appropriate units when 
producing normal product, unless complying with the Tier I or Adjusted 
Tier I feed rate screening limits for chlorine under Sec. 266.107(b)(1) 
or (e) and for all metals under Sec. 266.106(b) or (e), and the 
uncontrolled particulate emissions do not exceed the standard under 
Sec. 266.105;
    (vii) Maximum combustion chamber temperature where the temperature 
measurement is as close to the combustion zone as possible and is 
upstream of any quench water injection (unless complying with the Tier I 
or Adjusted Tier I metals feed rate screening limits under Sec. 
266.106(b) or (e));
    (viii) Maximum flue gas temperature entering a particulate matter 
control device (unless complying with Tier I or Adjusted Tier I metals 
feed rate screening limits under Sec. 266.106(b) or (e) and the total 
chlorine and chloride feed rate screening limits under Sec. 266.107(b) 
or (e));
    (ix) For systems using wet scrubbers, including wet ionizing 
scrubbers (unless complying with the Tier I or Adjusted Tier I metals 
feed rate screening limits under Sec. 266.106(b) or (e) and the total 
chlorine and chloride feed rate screening limits under Sec. 
266.107(b)(1) or (e)):
    (A) Minimum liquid to flue gas ratio;
    (B) Minimum scrubber blowdown from the system or maximum suspended 
solids content of scrubber water; and
    (C) Minimum pH level of the scrubber water;
    (x) For systems using venturi scrubbers, the minimum differential 
gas 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;

[[Page 29]]

    (C) A description of the air pollution control system;
    (D) Identification of the continuous emission monitors that are 
installed, including:
    (1) Carbon monoxide monitor;
    (2) Oxygen monitor;
    (3) Hydrocarbon monitor, specifying the minimum temperature of the 
system and, if the temperature is less than 150 [deg]C, an explanation 
of why a heated system is not used (see paragraph (c)(5) of this 
section) and a brief description of the sample gas conditioning system;
    (E) Indication of whether the stack is shared with another device 
that will be in operation during the compliance test;
    (F) Other information useful to an understanding of the system 
design or operation.
    (iii) Information on the testing planned, including a complete copy 
of the test protocol and Quality Assurance/Quality Control (QA/QC) plan, 
and a summary description for each test providing the following 
information at a minimum:
    (A) Purpose of the test (e.g., demonstrate compliance with emissions 
of particulate matter); and
    (B) Planned operating conditions, including levels for each 
pertinent parameter specified in paragraph (c)(1) of this section.
    (3) Compliance testing--(i) General. Compliance testing must be 
conducted under conditions for which the owner or operator has submitted 
a certification of precompliance under paragraph (b) of this section and 
under conditions established in the notification of compliance testing 
required by paragraph (c)(2) of this section. The owner or operator may 
seek approval on a case-by-case basis to use compliance test data from 
one unit in lieu of testing a similar onsite unit. To support the 
request, the owner or operator must provide a comparison of the 
hazardous waste burned and other feedstreams, and the design, operation, 
and maintenance of both the tested unit and the similar unit. The 
Director shall provide a written approval to use compliance test data in 
lieu of testing 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

[[Page 30]]

to reach equilibrium with respect to metals fed into the system and 
metals emissions. During conditioning, hazardous waste and raw materials 
having the same metals content as will be fed during the compliance test 
must be fed at the feed rates that will be fed during the compliance 
test.
    (iii) Conduct of compliance testing. (A) If compliance with all 
applicable emissions standards of Sec. Sec. 266.104 through 266.107 is 
not demonstrated simultaneously during a set of test runs, the operating 
conditions of additional test runs required to demonstrate compliance 
with remaining emissions standards must be as close as possible to the 
original operating conditions.
    (B) Prior to obtaining test data for purposes of demonstrating 
compliance with the applicable emissions standards of Sec. Sec. 266.104 
through 266.107 or establishing limits on operating parameters under 
this section, the facility must operate under compliance test conditions 
for a sufficient period to reach steady-state operations. Industrial 
furnaces that recycle collected particulate matter back into the furnace 
and that comply with paragraphs (c)(3)(ii)(A) or (B) of this section, 
however, need not reach steady state conditions with respect to the flow 
of metals in the system prior to beginning compliance testing for 
metals.
    (C) Compliance test data on the level of an operating parameter for 
which a limit must be established in the certification of compliance 
must be obtained during emissions sampling for the pollutant(s) (i.e., 
metals, PM, HCl/Cl2, organic compounds) for which the 
parameter must be established as specified by paragraph (c)(1) of this 
section.
    (4) Certification of compliance. Within 90 days of completing 
compliance testing, the owner or operator must certify to the Director 
compliance with the emissions standards of Sec. Sec. 266.104 (b), (c), 
and (e), 266.105, 266.106, 266.107, and paragraph (a)(5)(i)(D) of this 
section. The certification of compliance must include the following 
information:
    (i) General facility and testing information including:
    (A) EPA facility ID number;
    (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;

[[Page 31]]

    (6) Time-weighted average particulate matter emissions for each run 
and for the test;
    (7) Time-weighted average HCl and Cl2 emissions for each 
run and for the test;
    (8) Time-weighted average emissions for the metals subject to 
regulation under Sec. 266.106 for each run and for the test; and
    (9) QA/QC results.
    (iii) Comparison of the actual emissions during each test with the 
emissions limits prescribed by Sec. Sec. 266.104 (b), (c), and (e), 
266.105, 266.106, and 266.107 and established for the facility in the 
certification of precompliance under paragraph (b) of this section.
    (iv) Determination of operating limits based on all valid runs of 
the compliance test for each applicable parameter listed in paragraph 
(c)(1) of this section using either of the following procedures:
    (A) Instantaneous limits. A parameter may be measured and recorded 
on an instantaneous basis (i.e., the value that occurs at any time) and 
the operating limit specified as the time-weighted average during all 
runs of the compliance test; or
    (B) Hourly rolling average basis. (1) The limit for a parameter may 
be established and continuously monitored on an hourly rolling average 
basis defined as follows:
    (i) A continuous monitor is one which continuously samples the 
regulated parameter without interruption, and evaluates the detector 
response at least once each 15 seconds, and computes and records the 
average value at least every 60 seconds.
    (ii) An hourly rolling average is the arithmetic mean of the 60 most 
recent 1-minute average values recorded by the continuous monitoring 
system.
    (2) The operating limit for the parameter shall be established based 
on compliance test data as the average over all test runs of the highest 
hourly rolling average value for each run.
    (C) Rolling average limits for carcinogenic metals and lead. Feed 
rate limits for the carcinogenic metals (i.e., arsenic, beryllium, 
cadmium and chromium) and lead may be established either on an hourly 
rolling average basis as prescribed by paragraph (c)(4)(iv)(B) of this 
section or on (up to) a 24 hour rolling average basis. If the owner or 
operator elects to use an averaging period from 2 to 24 hours:
    (1) The feed rate of each metal shall be limited at any time to ten 
times the feed rate that would be allowed on an hourly rolling average 
basis;
    (2) The continuous monitor shall meet the following specifications:
    (i) A continuous monitor is one which continuously samples the 
regulated parameter without interruption, and evaluates the detector 
response at least once each 15 seconds, and computes and records the 
average value at least every 60 seconds.
    (ii) The rolling average for the selected averaging period is 
defined as arithmetic mean of one hour block averages for the averaging 
period. A one hour block average is the arithmetic mean of the one 
minute averages recorded during the 60-minute period beginning at one 
minute after the beginning of preceding clock hour; and
    (3) The operating limit for the feed rate of each metal shall be 
established based on compliance test data as the average over all test 
runs of the highest hourly rolling average feed rate for each run.
    (D) Feed rate limits for metals, total chloride and chlorine, and 
ash. Feed rate limits for metals, total chlorine and chloride, and ash 
are established and monitored by knowing the concentration of the 
substance (i.e., metals, chloride/chlorine, and ash) in each feedstream 
and the flow rate of the feedstream. To monitor the feed rate of these 
substances, the flow rate of each feedstream must be monitored under the 
continuous monitoring requirements of paragraphs (c)(4)(iv) (A) through 
(C) of this section.
    (v) Certification of compliance statement. The following statement 
shall accompany the certification of compliance:

    ``I certify under penalty of law that this information was prepared 
under my direction or supervision in accordance with a system designed 
to ensure that qualified personnel properly gathered and evaluated the 
information and supporting documentation. Copies of all emissions tests, 
dispersion modeling results and other information used to

[[Page 32]]

determine conformance with the requirements of Sec. 266.103(c) are 
available at the facility and can be obtained from the facility contact 
person listed above. Based on my inquiry of the person or persons who 
manages the facility, or those persons directly responsible for 
gathering the information, the information submitted is, to the best of 
my knowledge and belief, true, accurate, and complete. I am aware that 
there are significant penalties for submitting false information, 
including the possibility of fine and imprisonment for knowing 
violations.
    I also acknowledge that the operating conditions established in this 
certification pursuant to Sec. 266.103(c)(4)(iv) are enforceable limits 
at which the facility can legally operate during interim status until a 
revised certification of compliance is submitted.''

    (5) Special requirements for HC monitoring systems. When an owner or 
operator is required to comply with the hydrocarbon (HC) controls 
provided by Sec. 266.104(c) or paragraph (a)(5)(i)(D) of this section, 
a conditioned gas monitoring system may be used in conformance with 
specifications provided in appendix IX of this part provided that the 
owner or operator submits a certification of compliance without using 
extensions of time provided by paragraph (c)(7) of this section.
    (6) Special operating requirements for industrial furnaces that 
recycle collected PM. Owners and operators of industrial furnaces that 
recycle back into the furnace particulate matter (PM) from the air 
pollution control system must:
    (i) When complying with the requirements of paragraph (c)(3)(ii)(A) 
of this section, comply with the operating requirements prescribed in 
``Alternative Method to Implement the Metals Controls'' in appendix IX 
of this part; and
    (ii) When complying with the requirements of paragraph (c)(3)(ii)(B) 
of this section, comply with the operating requirements prescribed by 
that paragraph.
    (7) Extensions of time. (i) If the owner or operator does not submit 
a complete certification of compliance for all of the applicable 
emissions standards of Sec. Sec. 266.104, 266.105, 266.106, and 266.107 
by August 21, 1992, he/she must either:
    (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).

[[Page 33]]

    (8) Revised certification of compliance. The owner or operator may 
submit at any time a revised certification of compliance 
(recertification of compliance) under the following procedures:
    (i) Prior to submittal of a revised certification of compliance, 
hazardous waste may not be burned for more than a total of 720 hours 
under operating conditions that exceed those established under a current 
certification of compliance, and such burning may be conducted only for 
purposes of determining whether the facility can operate under revised 
conditions and continue to meet the applicable emissions standards of 
Sec. Sec. 266.104, 266.105, 266.106, and 266.107;
    (ii) At least 30 days prior to first burning hazardous waste under 
operating conditions that exceed those established under a current 
certification of compliance, the owner or operator shall notify the 
Director and submit the following information:
    (A) EPA facility ID number, and facility name, contact person, 
telephone number, and address;
    (B) Operating conditions that the owner or operator is seeking to 
revise and description of the changes in facility design or operation 
that prompted the need to seek to revise the operating conditions;
    (C) A determination that when operating under the revised operating 
conditions, the applicable emissions standards of Sec. Sec. 266.104, 
266.105, 266.106, and 266.107 are not likely to be exceeded. To document 
this determination, the owner or operator shall submit the applicable 
information required under paragraph (b)(2) of this section; and
    (D) Complete emissions testing protocol for any pretesting and for a 
new compliance test to determine compliance with the applicable 
emissions standards of Sec. Sec. 266.104, 266.105, 266.106, and 266.107 
when operating under revised operating conditions. The protocol shall 
include a schedule of pre-testing and compliance testing. If the owner 
and operator revises the scheduled date for the compliance test, he/she 
shall notify the Director in writing at least 30 days prior to the 
revised date of the compliance test;
    (iii) Conduct a compliance test under the revised operating 
conditions and the protocol submitted to the Director to determine 
compliance with the applicable emissions standards of Sec. Sec. 
266.104, 266.105, 266.106, and 266.107; and
    (iv) Submit a revised certification of compliance under paragraph 
(c)(4) of this section.
    (d) Periodic Recertifications. The owner or operator must conduct 
compliance testing and submit to the Director a recertification of 
compliance under provisions of paragraph (c) of this section within five 
years from submitting the previous certification or recertification. If 
the owner or operator seeks to recertify compliance under new operating 
conditions, he/she must comply with the requirements of paragraph (c)(8) 
of this section.
    (e) Noncompliance with certification schedule. If the owner or 
operator does not comply with the interim status compliance schedule 
provided by paragraphs (b), (c), and (d) of this section, hazardous 
waste burning must terminate on the date that the deadline is missed, 
closure activities must begin under paragraph (l) of this section, and 
hazardous waste burning may not resume except under an operating permit 
issued under Sec. 270.66 of this chapter. For purposes of compliance 
with the closure provisions of paragraph (l) of this section and 
Sec. Sec. 265.112(d)(2) and 265.113 of this chapter the boiler or 
industrial furnace has received ``the known final volume of hazardous 
waste'' on the date that the deadline is missed.
    (f) Start-up and shut-down. Hazardous waste (except waste fed solely 
as an ingredient under the Tier I (or adjusted Tier I) feed rate 
screening limits for metals and chloride/chlorine) must not be fed into 
the device during start-up and shut-down of the boiler or industrial 
furnace, unless the device is operating within the conditions of 
operation specified in the certification of compliance.
    (g) Automatic waste feed cutoff. During the compliance test required 
by paragraph (c)(3) of this section, and upon certification of 
compliance under paragraph (c) of this section, a boiler or industrial 
furnace must be operated with a functioning system that automatically 
cuts off the hazardous waste feed

[[Page 34]]

when the applicable operating conditions specified in paragraphs (c)(1) 
(i) and (v through xiii) of this section deviate from those established 
in the certification of compliance. In addition:
    (1) To minimize emissions of organic compounds, the minimum 
combustion chamber temperature (or the indicator of combustion chamber 
temperature) that occurred during the compliance test must be maintained 
while hazardous waste or hazardous waste residues remain in the 
combustion chamber, with the minimum temperature during the compliance 
test defined as either:
    (i) If compliance with the combustion chamber temperature limit is 
based on an hourly rolling average, the minimum temperature during the 
compliance test is considered to be the average over all runs of the 
lowest hourly rolling average for each run; or
    (ii) If compliance with the combustion chamber temperature limit is 
based on an instantaneous temperature measurement, the minimum 
temperature during the compliance test is considered to be the time-
weighted average temperature during all runs of the test; and
    (2) Operating parameters limited by the certification of compliance 
must continue to be monitored during the cutoff, and the hazardous waste 
feed shall not be restarted until the levels of those parameters comply 
with the limits established in the certification of compliance.
    (h) Fugitive emissions. Fugitive emissions must be controlled by:
    (1) Keeping the combustion zone totally sealed against fugitive 
emissions; or
    (2) Maintaining the combustion zone pressure lower than atmospheric 
pressure; or
    (3) An alternate means of control that the owner or operator can 
demonstrate provide fugitive emissions control equivalent to maintenance 
of combustion zone pressure lower than atmospheric pressure. Support for 
such demonstration shall be included in the operating record.
    (i) Changes. A boiler or industrial furnace must cease burning 
hazardous waste when changes in combustion properties, or feed rates of 
the hazardous waste, other fuels, or industrial furnace feedstocks, or 
changes in the boiler or industrial furnace design or operating 
conditions deviate from the limits specified in the certification of 
compliance.
    (j) Monitoring and Inspections. (1) The owner or operator must 
monitor and record the following, at a minimum, while burning hazardous 
waste:
    (i) Feed rates and composition of hazardous waste, other fuels, and 
industrial furnace feed stocks, and feed rates of ash, metals, and total 
chloride and chlorine as necessary to ensure conformance with the 
certification of precompliance or certification of compliance;
    (ii) Carbon monoxide (CO), oxygen, and if applicable, hydrocarbons 
(HC), on a continuous basis at a common point in the boiler or 
industrial furnace downstream of the combustion zone and prior to 
release of stack gases to the atmosphere in accordance with the 
operating limits specified in the certification of compliance. CO, HC, 
and oxygen monitors must be installed, operated, and maintained in 
accordance with methods specified in appendix IX of this part.
    (iii) Upon the request of the Director, sampling and analysis of the 
hazardous waste (and other fuels and industrial furnace feed stocks as 
appropriate) and the stack gas emissions must be conducted to verify 
that the operating conditions established in the certification of 
precompliance or certification of compliance achieve the applicable 
standards of Sec. Sec. 266.104, 266.105, 266.106, and 266.107.
    (2) The boiler or industrial furnace and associated equipment 
(pumps, valves, pipes, fuel storage tanks, etc.) must be subjected to 
thorough visual inspection when they contain hazardous waste, at least 
daily for leaks, spills, fugitive emissions, and signs of tampering.
    (3) The automatic hazardous waste feed cutoff system and associated 
alarms must be tested at least once every 7 days when hazardous waste is 
burned to verify operability, unless the owner or operator can 
demonstrate that weekly inspections will unduly restrict or upset 
operations and that less frequent inspections will be adequate.

[[Page 35]]

Support for such demonstration shall be included in the operating 
record. At a minimum, operational testing must be conducted at least 
once every 30 days.
    (4) These monitoring and inspection data must be recorded and the 
records must be placed in the operating log.
    (k) Recordkeeping. The owner or operator must keep in the operating 
record of the facility all information and data required by this section 
for five years.
    (l) Closure. At closure, the owner or operator must remove all 
hazardous waste and hazardous waste residues (including, but not limited 
to, ash, scrubber waters, and scrubber sludges) from the boiler or 
industrial furnace and must comply with Sec. Sec. 265.111-265.115 of 
this chapter.

[56 FR 7208, Feb. 21, 1991; 56 FR 32689, July 17, 1991, as amended at 56 
FR 42512, 42514, Aug. 27, 1991; 57 FR 38564, Aug. 25, 1992; 57 FR 45000, 
Sept. 30, 1992; 60 FR 33913, June 29, 1995; 71 FR 16913, Apr. 4, 2006; 
71 FR 40277, July 14, 2006]



Sec. 266.104  Standards to control organic emissions.

    (a) DRE standard--(1) General. Except as provided in paragraph 
(a)(3) of this section, a boiler or industrial furnace burning hazardous 
waste must achieve a destruction and removal efficiency (DRE) of 99.99% 
for all organic hazardous constituents in the waste feed. To demonstrate 
conformance with this requirement, 99.99% DRE must be demonstrated 
during a trial burn for each principal organic hazardous constituent 
(POHC) designated (under paragraph (a)(2) of this section) in its permit 
for each waste feed. DRE is determined for each POHC from the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.000

where:

Win= Mass feed rate of one principal organic hazardous 
constituent (POHC) in the hazardous waste fired to the boiler or 
industrial furnace; and
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 36]]

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 37]]

    (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 (2.2x10-7) 
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) Oxygen correction. (1) Measured pollutant levels must be 
corrected for the amount of oxygen in the stack gas according to the 
formula:
[GRAPHIC] [TIFF OMITTED] TR30SE99.027

Where:

Pc is the corrected concentration of the pollutant in the stack gas, Pm 
is the measured concentration of the pollutant in the stack gas, E is 
the oxygen concentration on a dry basis in the combustion air fed to the 
device, and Y is the measured oxygen concentration on a dry basis in the 
stack.

    (2) For devices that feed normal combustion air, E will equal 21 
percent. For

[[Page 38]]

devices that feed oxygen-enriched air for combustion (that is, air with 
an oxygen concentration exceeding 21 percent), the value of E will be 
the concentration of oxygen in the enriched air.
    (3) Compliance with all emission standards provided by this subpart 
must be based on correcting to 7 percent oxygen using this procedure.
    (d) For the purposes of permit enforcement, compliance with the 
operating requirements specified in the permit (under Sec. 266.102) 
will be regarded as compliance with this section. However, evidence that 
compliance with those permit conditions is insufficient to ensure 
compliance with the requirements of this section may be ``information'' 
justifying modification or revocation and re-issuance of a permit under 
Sec. 270.41 of this chapter.

[56 FR 7208, Feb. 21, 1991, as amended at 64 FR 53075, Sept. 30, 1999]



Sec. 266.106  Standards to control metals emissions.

    (a) General. The owner or operator must comply with the metals 
standards provided by paragraphs (b), (c), (d), (e), or (f) of this 
section for each metal listed in paragraph (b) of this section that is 
present in the hazardous waste at detectable levels by using appropriate 
analytical procedures.
    (b) Tier I feed rate screening limits. Feed rate screening limits 
for metals are specified in appendix I of this part as a function of 
terrain-adjusted effective stack height and terrain and land use in the 
vicinity of the facility. Criteria for facilities that are not eligible 
to comply with the screening limits are provided in paragraph (b)(7) of 
this section.
    (1) Noncarcinogenic metals. The feed rates of antimony, barium, 
lead, mercury, thallium, and silver in all feed streams, including 
hazardous waste, fuels, and industrial furnace feed stocks shall not 
exceed the screening limits specified in appendix I of this part.
    (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.

[[Page 39]]

Tr=Terrain rise within five kilometers of the stack.

    (ii) The stack height (Ha) may not exceed good engineering practice 
as specified in 40 CFR 51.100(ii).
    (iii) If the TESH for a particular facility is not listed in the 
table in the appendices, the nearest lower TESH listed in the table 
shall be used. If the TESH is four meters or less, a value of four 
meters shall be used.
    (4) Terrain type. The screening limits are a function of whether the 
facility is located in noncomplex or complex terrain. A device located 
where any part of the surrounding terrain within 5 kilometers of the 
stack equals or exceeds the elevation of the physical stack height (Ha) 
is considered to be in complex terrain and the screening limits for 
complex terrain apply. Terrain measurements are to be made from U.S. 
Geological Survey 7.5-minute topographic maps of the area surrounding 
the facility.
    (5) Land use. The screening limits are a function of whether the 
facility is located in an area where the land use is urban or rural. To 
determine whether land use in the vicinity of the facility is urban or 
rural, procedures provided in appendices IX or X of this part shall be 
used.
    (6) Multiple stacks. Owners and operators of facilities with more 
than one on-site stack from a boiler, industrial furnace, incinerator, 
or other thermal treatment unit subject to controls of metals emissions 
under a RCRA operating permit or interim status controls must comply 
with the screening limits for all such units assuming all hazardous 
waste is fed into the device with the worst-case stack based on 
dispersion characteristics. The worst-case stack is determined from the 
following equation as applied to each stack:

K=HVT

Where:

K=a parameter accounting for relative influence of stack height and 
plume rise;
H=physical stack height (meters);
V=stack gas flow rate (m\3\/second); and
T=exhaust temperature ([deg]K).
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

[[Page 40]]

1.0, as provided by the following equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.002

where:

n=number of carcinogenic metals
AER=actual emission rate for metal ``i''
ERSL=emission rate screening limit provided by appendix I of this part 
for metal ``i''.

    (3) Implementation. The emission rate limits must be implemented by 
limiting feed rates of the individual metals to levels during the trial 
burn (for new facilities or an interim status facility applying for a 
permit) or the compliance test (for interim status facilities). The feed 
rate averaging periods are the same as provided by paragraphs (b)(1)(i) 
and (ii) and (b)(2)(ii) of this section. The feed rate of metals in each 
feedstream must be monitored to ensure that the feed rate limits for the 
feedstreams specified under Sec. Sec. 266.102 or 266.103 are not 
exceeded.
    (4) Definitions and limitations. The definitions and limitations 
provided by paragraph (b) of this section for the following terms also 
apply to the Tier II emission rate screening limits provided by 
paragraph (c) of this section: terrain-adjusted effective stack height, 
good engineering practice stack height, terrain type, land use, and 
criteria for facilities not eligible to use the screening limits.
    (5) Multiple stacks. (i) Owners and operators of facilities with 
more than one onsite stack from a boiler, industrial furnace, 
incinerator, or other thermal treatment unit subject to controls on 
metals emissions under a RCRA operating permit or interim status 
controls must comply with the emissions screening limits for any such 
stacks assuming all hazardous waste is fed into the device with the 
worst-case stack based on dispersion characteristics.
    (ii) The worst-case stack is determined by procedures provided in 
paragraph (b)(6) of this section.
    (iii) For each metal, the total emissions of the metal from those 
stacks shall not exceed the screening limit for the worst-case stack.
    (d) Tier III and Adjusted Tier I site-specific risk assessment. The 
requirements of this paragraph apply to facilities complying with either 
the Tier III or Adjusted Tier I controls, except where specified 
otherwise.
    (1) General. Conformance with the Tier III metals controls must be 
demonstrated by emissions testing to determine the emission rate for 
each metal. In addition, conformance with either the Tier III or 
Adjusted Tier I metals controls must be demonstrated by air dispersion 
modeling to predict the maximum annual average off-site ground level 
concentration for each metal, and a demonstration that acceptable 
ambient levels are not exceeded.
    (2) Acceptable ambient levels. Appendices IV and V of this part list 
the acceptable ambient levels for purposes of this rule. Reference air 
concentrations (RACs) are listed for the noncarcinogenic metals and 
10-5 risk-specific doses (RSDs) are listed for the 
carcinogenic metals. The RSD for a metal is the acceptable ambient level 
for that metal provided that only one of the four carcinogenic metals is 
emitted. If more than one carcinogenic metal is emitted, the acceptable 
ambient level for the carcinogenic metals is a fraction of the RSD as 
described in paragraph (d)(3) of this section.
    (3) Carcinogenic metals. For the carcinogenic metals, arsenic, 
cadmium, beryllium, and chromium, the sum of the ratios of the predicted 
maximum annual average off-site ground level concentrations (except that 
on-site concentrations must be considered if a person resides on site) 
to the risk-specific dose (RSD) for all carcinogenic metals emitted 
shall not exceed 1.0 as determined by the following equation:

[[Page 41]]

[GRAPHIC] [TIFF OMITTED] TC06NO91.003

where: n=number of carcinogenic metals

    (4) Noncarcinogenic metals. For the noncarcinogenic metals, the 
predicted maximum annual average off-site ground level concentration for 
each metal shall not exceed the reference air concentration (RAC).
    (5) Multiple stacks. Owners and operators of facilities with more 
than one on-site stack from a boiler, industrial furnace, incinerator, 
or other thermal treatment unit subject to controls on metals emissions 
under a RCRA operating permit or interim status controls must conduct 
emissions testing (except that facilities complying with Adjusted Tier I 
controls need not conduct emissions testing) and dispersion modeling to 
demonstrate that the aggregate emissions from all such on-site stacks do 
not result in an exceedance of the acceptable ambient levels.
    (6) Implementation. Under Tier III, the metals controls must be 
implemented by limiting feed rates of the individual metals to levels 
during the trial burn (for new facilities or an interim status facility 
applying for a permit) or the compliance test (for interim status 
facilities). The feed rate averaging periods are the same as provided by 
paragraphs (b)(1) (i) and (ii) and (b)(2)(ii) of this section. The feed 
rate of metals in each feedstream must be monitored to ensure that the 
feed rate limits for the feedstreams specified under Sec. Sec. 266.102 
or 266.103 are not exceeded.
    (e) Adjusted Tier I feed rate screening limits. The owner or 
operator may adjust the feed rate screening limits provided by appendix 
I of this part to account for site-specific dispersion modeling. Under 
this approach, the adjusted feed rate screening limit for a metal is 
determined by back-calculating from the acceptable ambient level 
provided by appendices IV and V of this part using dispersion modeling 
to determine the maximum allowable emission rate. This emission rate 
becomes the adjusted Tier I feed rate screening limit. The feed rate 
screening limits for carcinogenic metals are 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

[[Page 42]]

or operator conducts emissions testing to determine hexavalent chromium 
emissions using procedures prescribed in Method 0061, Determination of 
Hexavalent Chromium Emissions from Stationary Sources, EPA Publication 
SW-846, as incorporated by reference in Sec. 260.11 of this chapter.
    (h) Dispersion Modeling. Dispersion modeling required under this 
section shall be conducted according to methods recommended in appendix 
W of part 51 of this chapter (``Guideline on Air Quality Models 
(Revised)'' (1986) and its supplements), the ``Hazardous Waste 
Combustion Air Quality Screening Procedure'', provided in appendix IX of 
this part, or in Screening Procedures for Estimating the Air Quality 
Impact of Stationary Sources, Revised (incorporated by reference in 
Sec. 260.11) to predict the maximum annual average off-site ground 
level concentration. However, on-site concentrations must be considered 
when a person resides on-site.
    (i) Enforcement. For the purposes of permit enforcement, compliance 
with the operating requirements specified in the permit (under Sec. 
266.102) will be regarded as compliance with this section. However, 
evidence that compliance with those permit conditions is insufficient to 
ensure compliance with the requirements of this section may be 
``information'' justifying modification or revocation and re-issuance of 
a permit under Sec. 270.41 of this chapter.

[56 FR 7208, Feb. 21, 1991; 56 FR 32689, July 17, 1991; 57 FR 38565, 
Aug. 25, 1992; 58 FR 38883, July 20, 1993; 62 FR 32463, June 13, 1997; 
70 FR 34588, June 14, 2005; 71 FR 40277, July 14, 2006]



Sec. 266.107  Standards to control hydrogen chloride (HCl) and chlorine gas (Cl[bdi2]) emissions.

    (a) General. The owner or operator must comply with the hydrogen 
chloride (HCl) and chlorine (Cl2) controls provided by 
paragraph (b), (c), or (e) of this section.
    (b) Screening limits--(1) Tier I feed rate screening limits. Feed 
rate screening limits are specified for total chlorine in appendix II of 
this part as a function of terrain-adjusted effective stack height and 
terrain and land use in the vicinity of the facility. The feed rate of 
total chlorine and chloride, both organic and inorganic, in all feed 
streams, including hazardous waste, fuels, and industrial furnace feed 
stocks shall not exceed the levels specified.
    (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.

[[Page 43]]

    (2) Acceptable ambient levels. Appendix IV of this part lists the 
reference air concentrations (RACs) for HCl (7 micrograms per cubic 
meter) and Cl2 (0.4 micrograms per cubic meter).
    (3) Multiple stacks. Owners and operators of facilities with more 
than one on-site stack from a boiler, industrial furnace, incinerator, 
or other thermal treatment unit subject to controls on HCl or 
Cl2 emissions under a RCRA operating permit or interim status 
controls must conduct emissions testing and dispersion modeling to 
demonstrate that the aggregate emissions from all such on-site stacks do 
not result in an exceedance of the acceptable ambient levels for HCl and 
Cl2.
    (d) Averaging periods. The HCl and Cl2 controls are 
implemented by limiting the feed rate of total chlorine and chloride in 
all feedstreams, including hazardous waste, fuels, and industrial 
furnace feed stocks. Under Tier I, the feed rate of total chloride and 
chlorine is limited to the Tier I Screening Limits. Under Tier II and 
Tier III, the feed rate of total chloride and chlorine is limited to the 
feed rates during the trial burn (for new facilities or an interim 
status facility applying for a permit) or the compliance test (for 
interim status facilities). The feed rate limits are based on either:
    (1) An hourly rolling average as defined in Sec. 266.102(e)(6); or
    (2) An instantaneous basis not to be exceeded at any time.
    (e) Adjusted Tier I feed rate screening limits. The owner or 
operator may adjust the feed rate screening limit provided by appendix 
II of this part to account for site-specific dispersion modeling. Under 
this approach, the adjusted feed rate screening limit is determined by 
back-calculating from the acceptable ambient level for Cl2 
provided by appendix IV of this part using dispersion modeling to 
determine the maximum allowable emission rate. This emission rate 
becomes the adjusted Tier I feed rate screening limit.
    (f) Emissions testing. Emissions testing for HCl and Cl2 
shall be conducted using the procedures described in Methods 0050 or 
0051, EPA Publication SW-846, as incorporated by reference in Sec. 
260.11 of this chapter.
    (g) Dispersion modeling. Dispersion modeling shall be conducted 
according to the provisions of Sec. 266.106(h).
    (h) Enforcement. For the purposes of permit enforcement, compliance 
with the operating requirements specified in 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

[[Page 44]]

1 percent of the total fuel requirements for the device (hazardous waste 
plus other fuel) on a total heat input or mass input basis, whichever 
results in the lower mass feed rate of hazardous waste.
    (3) The hazardous waste has a minimum heating value of 5,000 Btu/lb, 
as generated; and
    (4) The hazardous waste fuel does not contain (and is not derived 
from) EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027.
    (b) Mixing with nonhazardous fuels. If hazardous waste fuel is mixed 
with a nonhazardous fuel, the quantity of hazardous waste before such 
mixing is used to comply with paragraph (a).
    (c) Multiple stacks. If an owner or operator burns hazardous waste 
in more than one on-site boiler or industrial furnace exempt under this 
section, the quantity limits provided by paragraph (a)(1) of this 
section are implemented according to the following equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.004

where:

n means the number of stacks;
Actual Quantity Burned means the waste quantity burned per month in 
device ``i'';
Allowable Quantity Burned means the maximum allowable exempt quantity 
for stack ``i'' from the table in (a)(1) above.

    Note: Hazardous wastes that are subject to the special requirements 
for small quantity generators under Sec. 261.5 of this chapter may be 
burned in an off-site device under the exemption provided by Sec. 
266.108, but must be included in the quantity determination for the 
exemption.

    (d) Notification requirements. The owner or operator of facilities 
qualifying for the small quantity burner exemption under this section 
must provide a one-time signed, written notice to EPA indicating the 
following:
    (1) The combustion unit is operating as a small quantity burner of 
hazardous waste;
    (2) The owner and operator are in compliance with the requirements 
of this section; and
    (3) The maximum quantity of hazardous waste that the facility may 
burn per month as provided by Sec. 266.108(a)(1).
    (e) Recordkeeping requirements. The owner or operator must maintain 
at 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

[[Page 45]]

pose unacceptable adverse public health effects are as follows:
    (i) Identify and quantify those nonmetal compounds listed in 
appendix VIII, part 261 of this chapter that could reasonably be 
expected to be present in the hazardous waste. The constituents excluded 
from analysis must be identified and the basis for their exclusion 
explained;
    (ii) Calculate reasonable, worst case emission rates for each 
constituent identified in paragraph (a)(2)(i) of this section by 
assuming the device achieves 99.9 percent destruction and removal 
efficiency. That is, assume that 0.1 percent of the mass weight of each 
constituent fed to the device is emitted.
    (iii) For each constituent identified in paragraph (a)(2)(i) of this 
section, use emissions dispersion modeling to predict the maximum annual 
average ground level concentration of the constituent.
    (A) Dispersion modeling shall be conducted using methods specified 
in Sec. 266.106(h).
    (B) Owners and operators of facilities with more than one on-site 
stack from a boiler or industrial furnace that is exempt under this 
section must conduct dispersion modeling of emissions from all stacks 
exempt under this section to predict ambient levels prescribed by this 
paragraph.
    (iv) Ground level concentrations of constituents predicted under 
paragraph (a)(2)(iii) of this section must not exceed the following 
levels:
    (A) For the noncarcinogenic compounds listed in appendix IV of this 
part, the levels established in appendix IV;
    (B) For the carcinogenic compounds listed in appendix V of this 
part, the sum for all constituents of the ratios of the actual ground 
level concentration to the level established in appendix V cannot exceed 
1.0; and
    (C) For constituents not listed in appendix IV or V, 0.1 micrograms 
per cubic meter.
    (b) Waiver of particulate matter standard. The particulate matter 
standard of Sec. 266.105 does not apply if:
    (1) The DRE standard is waived under paragraph (a) of this section; 
and
    (2) The owner or operator complies with the Tier I or adjusted Tier 
I metals feed rate screening limits provided by Sec. 266.106 (b) or 
(e).

[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991, as amended at 56 
FR 42515, Aug. 27, 1991; 71 FR 40277, July 14, 2006]



Sec. 266.110  Waiver of DRE trial burn for boilers.

    Boilers that operate under the special requirements of this section, 
and that do not burn hazardous waste containing (or derived from) EPA 
Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027, are 
considered to be in conformance with the DRE standard of Sec. 
266.104(a), and a trial burn to demonstrate DRE is waived. When burning 
hazardous waste:
    (a) A minimum of 50 percent of fuel fired to the device shall be 
fossil fuel, fuels derived from fossil fuel, tall oil, or, if approved 
by the Director on a case-by-case basis, other nonhazardous fuel with 
combustion characteristics comparable to fossil fuel. Such fuels are 
termed ``primary fuel'' for purposes of this section. (Tall oil is a 
fuel derived from vegetable and rosin fatty acids.) The 50 percent 
primary fuel firing rate shall be determined on a total heat or mass 
input basis, whichever results in the greater mass feed rate of primary 
fuel fired;
    (b) Boiler load shall not be less than 40 percent. Boiler load is 
the ratio at any time of the total heat input to the maximum design heat 
input;
    (c) Primary fuels and hazardous waste fuels shall have a minimum as-
fired heating value of 8,000 Btu/lb, and each material fired in a burner 
where hazardous waste is fired must have a heating value of at least 
8,000 Btu/lb, as-fired;
    (d) The device shall operate in conformance with the carbon monoxide 
standard provided by Sec. 266.104(b)(1). Boilers subject to the waiver 
of the DRE trial burn provided by this section are not eligible for the 
alternative carbon monoxide standard provided by Sec. 266.104(c);
    (e) The boiler must be a watertube type boiler that does not feed 
fuel using a stoker or stoker type mechanism; and

[[Page 46]]

    (f) The hazardous waste shall be fired directly into the primary 
fuel flame zone of the combustion chamber with an air or steam 
atomization firing system, mechanical atomization system, or a rotary 
cup atomization system under the following conditions:
    (1) Viscosity. The viscosity of the hazardous waste fuel as-fired 
shall not exceed 300 SSU;
    (2) Particle size. When a high pressure air or steam atomizer, low 
pressure atomizer, or mechanical atomizer is used, 70% of the hazardous 
waste fuel must pass through a 200 mesh (74 micron) screen, and when a 
rotary cup atomizer is used, 70% of the hazardous waste must pass 
through a 100 mesh (150 micron) screen;
    (3) Mechanical atomization systems. Fuel pressure within a 
mechanical atomization system and fuel flow rate shall be maintained 
within the design range taking into account the viscosity and volatility 
of the fuel;
    (4) Rotary cup atomization systems. Fuel flow rate through a rotary 
cup atomization system must be maintained within the design range taking 
into account the viscosity and volatility of the fuel.

[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991, as amended at 56 
FR 42515, Aug. 27, 1991]



Sec. 266.111  Standards for direct transfer.

    (a) Applicability. The regulations in this section apply to owners 
and operators of boilers and industrial furnaces subject to Sec. Sec. 
266.102 or 266.103 if hazardous waste is directly transferred from a 
transport vehicle to a boiler or industrial furnace without the use of a 
storage unit.
    (b) Definitions. (1) When used in this section, the following terms 
have the meanings given below:
    Direct transfer equipment means any device (including but not 
limited to, such devices as piping, fittings, flanges, valves, and 
pumps) that is used to distribute, meter, or control the flow of 
hazardous waste between a container (i.e., transport vehicle) and a 
boiler or industrial furnace.
    Container means any portable device in which hazardous waste is 
transported, stored, treated, or otherwise handled, and includes 
transport vehicles that are containers themselves (e.g., tank trucks, 
tanker-trailers, and rail tank cars), and containers placed on or in a 
transport vehicle.
    (2) This section references several requirements provided in 
subparts I and J of parts 264 and 265. For purposes of this section, the 
term ``tank systems'' in those referenced requirements means direct 
transfer equipment as defined in paragraph (b)(1) of this section.
    (c) General operating requirements. (1) No direct transfer of a 
pumpable hazardous waste shall be conducted from an open-top container 
to a boiler or industrial furnace.
    (2) Direct transfer equipment used for pumpable hazardous waste 
shall always be closed, except when necessary to add or remove the 
waste, and shall not be opened, handled, or stored in a manner that may 
cause any rupture or leak.
    (3) The direct transfer of hazardous waste to a boiler or industrial 
furnace shall be conducted so that it does not:
    (i) Generate extreme heat or pressure, fire, explosion, or violent 
reaction;
    (ii) Produce uncontrolled toxic mists, fumes, dusts, or gases in 
sufficient quantities to threaten human health;
    (iii) Produce uncontrolled flammable fumes or gases in sufficient 
quantities to pose a risk of fire or explosions;
    (iv) Damage the structural integrity of the container or direct 
transfer equipment containing the waste;
    (v) Adversely affect the capability of the boiler or industrial 
furnace to meet the standards provided by Sec. Sec. 266.104 through 
266.107; or
    (vi) Threaten human health or the environment.
    (4) Hazardous waste shall not be placed in direct transfer 
equipment, if it could cause the equipment or its secondary containment 
system to rupture, leak, corrode, or otherwise fail.
    (5) The owner or operator of the facility shall use appropriate 
controls and practices to prevent spills and overflows from the direct 
transfer equipment or its secondary containment systems. These include 
at a minimum:
    (i) Spill prevention controls (e.g., check valves, dry discount 
couplings); and
    (ii) Automatic waste feed cutoff to use if a leak or spill occurs 
from the direct transfer equipment.

[[Page 47]]

    (d) Areas where direct transfer vehicles (containers) are located. 
Applying the definition of container under this section, owners and 
operators must comply with the following requirements:
    (1) The containment requirements of Sec. 264.175 of this chapter;
    (2) The use and management requirements of subpart I, part 265 of 
this chapter, except for Sec. Sec. 265.170 and 265.174, and except that 
in lieu of the special requirements of Sec. 265.176 for ignitable or 
reactive waste, the owner or operator may comply with the requirements 
for the maintenance of protective distances between the waste management 
area and any public ways, streets, alleys, or an adjacent property line 
that can be built upon as required in Tables 2-1 through 2-6 of the 
National Fire Protection Association's (NFPA) ``Flammable and 
Combustible Liquids Code,'' (1977 or 1981), (incorporated by reference, 
see Sec. 260.11). The owner or operator must obtain and keep on file at 
the facility a written certification by the local Fire Marshall that the 
installation meets the subject NFPA codes; and
    (3) The closure requirements of Sec. 264.178 of this chapter.
    (e) Direct transfer equipment. Direct transfer equipment must meet 
the following requirements:
    (1) Secondary containment. Owners and operators shall comply with 
the secondary containment requirements of Sec. 265.193 of this chapter, 
except for paragraphs 265.193 (a), (d), (e), and (i) as follows:
    (i) For all new direct transfer equipment, prior to their being put 
into service; and
    (ii) For existing direct transfer equipment within 2 years after 
August 21, 1991.
    (2) Requirements prior to meeting secondary containment 
requirements. (i) For existing direct transfer equipment that does not 
have secondary containment, the owner or operator shall determine 
whether the equipment is leaking or is unfit for use. The owner or 
operator shall obtain and keep on file at the facility a written 
assessment reviewed and certified by a qualified, registered 
professional engineer in accordance with Sec. 270.11(d) of this chapter 
that attests to the equipment's integrity by August 21, 1992.
    (ii) This assessment shall determine whether the direct transfer 
equipment is adequately designed and has sufficient structural strength 
and compatibility with the waste(s) to be transferred to ensure that it 
will not collapse, rupture, or fail. At a minimum, this assessment shall 
consider the following:
    (A) Design standard(s), if available, according to which the direct 
transfer equipment was constructed;
    (B) Hazardous characteristics of the waste(s) that have been or will 
be handled;
    (C) Existing corrosion protection measures;
    (D) Documented age of the equipment, if available, (otherwise, an 
estimate of the age); and
    (E) Results of a leak test or other integrity examination such that 
the effects of temperature variations, vapor pockets, cracks, leaks, 
corrosion, and erosion are accounted for.
    (iii) If, as a result of the assessment specified above, the direct 
transfer equipment is found to be leaking or unfit for use, the owner or 
operator shall comply with the requirements of Sec. Sec. 265.196 (a) 
and (b) of this chapter.
    (3) Inspections and recordkeeping. (i) The owner or operator must 
inspect at least once each operating hour when hazardous waste is being 
transferred from the transport vehicle (container) to the boiler or 
industrial furnace:
    (A) Overfill/spill control equipment (e.g., waste-feed cutoff 
systems, bypass systems, and drainage systems) to ensure that it is in 
good working order;
    (B) The above ground portions of the direct transfer equipment to 
detect corrosion, erosion, or releases of waste (e.g., wet spots, dead 
vegetation); and
    (C) Data gathered from monitoring equipment and leak-detection 
equipment, (e.g., pressure and temperature gauges) to ensure that the 
direct transfer equipment is being operated according to its design.
    (ii) The owner or operator must inspect cathodic protection systems, 
if used, to ensure that they are functioning properly according to the 
schedule provided by Sec. 265.195(b) of this chapter:

[[Page 48]]

    (iii) Records of inspections made under this paragraph shall be 
maintained in the operating record at the facility, and available for 
inspection for at least 3 years from the date of the inspection.
    (4) Design and installation of new ancillary equipment. Owners and 
operators must comply with the requirements of Sec. 265.192 of this 
chapter.
    (5) Response to leaks or spills. Owners and operators must comply 
with the requirements of Sec. 265.196 of this chapter.
    (6) Closure. Owners and operators must comply with the requirements 
of Sec. 265.197 of this chapter, except for Sec. 265.197 (c)(2) 
through (c)(4).

[50 FR 666, Jan. 4, 1985, as amended at 56 FR 42515, Aug. 27, 1991]



Sec. 266.112  Regulation of residues.

    A residue derived from the burning or processing of hazardous waste 
in a boiler or industrial furnace is not excluded from the definition of 
a hazardous waste under Sec. 261.4(b) (4), (7), or (8) unless the 
device and the owner or operator meet the following requirements:
    (a) The device meets the following criteria:
    (1) Boilers. Boilers must burn at least 50% coal on a total heat 
input or mass input basis, whichever results in the greater mass feed 
rate of coal;
    (2) Ore or mineral furnaces. Industrial furnaces subject to Sec. 
261.4(b)(7) must process at least 50% by weight normal, nonhazardous raw 
materials;
    (3) Cement kilns. Cement kilns must process at least 50% by weight 
normal cement-production raw materials;
    (b) The owner or operator demonstrates that the hazardous waste does 
not significantly affect the residue by demonstrating conformance with 
either of the following criteria:
    (1) Comparison of waste-derived residue with normal residue. The 
waste-derived residue must not contain appendix VIII, part 261 
constituents (toxic constituents) that could reasonably be attributable 
to the hazardous waste at concentrations significantly higher than in 
residue generated without burning or processing of hazardous waste, 
using the following procedure. Toxic compounds that could reasonably be 
attributable to burning or processing the hazardous waste (constituents 
of concern) include toxic constituents in the hazardous waste, and the 
organic compounds listed in appendix VIII of this part that may be 
generated as products of incomplete combustion. For polychlorinated 
dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses must be 
performed to determine specific congeners and homologues, and the 
results converted to 2,3,7,8-TCDD equivalent values using the procedure 
specified in section 4.0 of appendix IX of this part.
    (i) Normal residue. Concentrations of toxic constituents of concern 
in normal residue shall be determined based on analyses of a minimum of 
10 samples representing a minimum of 10 days of operation. Composite 
samples may be used to develop a sample for analysis provided that the 
compositing period does not exceed 24 hours. The upper tolerance limit 
(at 95% confidence with a 95% proportion of the sample distribution) of 
the concentration in the normal residue shall be considered the 
statistically-derived concentration in the normal residue. If changes in 
raw materials or fuels reduce the statistically-derived concentrations 
of the toxic constituents of concern in the normal residue, the 
statistically-derived concentrations must be revised or statistically-
derived concentrations of toxic constituents in normal residue must be 
established for a new mode of operation with the new raw material or 
fuel. To determine the upper tolerance limit in the normal residue, the 
owner or operator shall use statistical procedures prescribed in 
``Statistical Methodology for Bevill Residue Determinations'' in 
appendix IX of this part.
    (ii) Waste-derived residue. Waste-derived residue shall be sampled 
and analyzed as often as necessary to determine whether the residue 
generated during each 24-hour period has concentrations of toxic 
constituents that are higher than the concentrations established for the 
normal residue under paragraph (b)(1)(i) of this section. If so, 
hazardous waste burning has significantly affected the residue and the 
residue shall not be excluded from the definition of a hazardous waste. 
Concentrations of toxic constituents of concern in the waste-derived 
residue

[[Page 49]]

shall be determined based on analysis of one or more samples obtained 
over a 24-hour period. Multiple samples may be analyzed, and multiple 
samples may be taken to form a composite sample for analysis provided 
that the sampling period does not exceed 24 hours. If more than one 
sample is analyzed to characterize waste-derived residues generated over 
a 24-hour period, the concentration of each toxic constituent shall be 
the arithmetic mean of the concentrations in the samples. No results may 
be disregarded; or
    (2) Comparison of waste-derived residue concentrations with health-
based limits--(i) Nonmetal constituents: The concentration of each 
nonmetal toxic constituent of concern (specified in paragraph (b)(1) of 
this section) in the waste-derived residue must not exceed the health-
based level specified in appendix VII of this part, or the level of 
detection, whichever is higher. If a health-based limit for a 
constituent of concern is not listed in appendix VII of this part, then 
a limit of 0.002 micrograms per kilogram or the level of detection 
(which must be determined by using appropriate analytical procedures), 
whichever is higher, must be used. The levels specified in appendix VII 
of this part (and the default level of 0.002 micrograms per kilogram or 
the level of detection for constituents as identified in Note 1 of 
appendix VII of this chapter) are administratively stayed under the 
condition, for those constituents specified in paragraph (b)(1) of this 
section, that the owner or operator complies with alternative levels 
defined as the land disposal restriction limits specified in Sec. 
268.43 of this chapter for F039 nonwastewaters. In complying with those 
alternative levels, if an owner or operator is unable to detect a 
constituent despite documenting use of best good-faith efforts as 
defined by applicable Agency guidance or standards, the owner or 
operator is deemed to be in compliance for that constituent. Until new 
guidance or standards are developed, the owner or operator may 
demonstrate such good-faith efforts by achieving a detection limit for 
the constituent that does not exceed an order of magnitude above the 
level provided by Sec. 268.43 of this chapter for F039 nonwastewaters. 
In complying with the Sec. 268.43 of this chapter F039 nonwastewater 
levels for polychlorinated dibenzo-p-dioxins and polychlorinated 
dibenzo-furans, analyses must be performed for total hexachlorodibenzo-
p-dioxins, total hexachlorodibenzofurans, total pentachlorodibenzo-p-
dioxins, total pentachlorodibenzofurans, total tetrachlorodibenzo-p-
dioxins, and total tetrachlorodibenzofurans.

    Note to this paragraph (b)(2)(i): The administrative stay, under the 
condition that the owner or operator complies with alternative levels 
defined as the land disposal restriction limits specified in Sec. 
268.43 of this chapter for F039 nonwastewaters, remains in effect until 
further administrative action is taken and notice is published in the 
Federal Register and the Code of Federal Regulations.
    (ii) Metal constituents. The concentration of metals in an extract 
obtained using the Toxicity Characteristic Leaching Procedure of Sec. 
261.24 of this chapter must not exceed the levels specified in appendix 
VII of this part; and
    (iii) Sampling and analysis. Waste-derived residue shall be sampled 
and analyzed as often as necessary to determine whether the residue 
generated during each 24-hour period has concentrations of toxic 
constituents that are higher than the health-based levels. 
Concentrations of toxic constituents of concern in the waste-derived 
residue shall be determined based on analysis of one or more samples 
obtained over a 24-hour period. Multiple samples may be analyzed, and 
multiple samples may be taken to form a composite sample for analysis 
provided that the sampling period does not exceed 24 hours. If more than 
one sample is analyzed to characterize waste-derived residues generated 
over a 24-hour period, the concentration of each toxic constituent shall 
be the arithmetic mean of the concentrations in the samples. No results 
may be disregarded; and
    (c) Records sufficient to document compliance with the provisions of 
this section shall be retained until closure of the boiler or industrial 
furnace unit. At a minimum, the following shall be recorded.
    (1) Levels of constituents in appendix VIII, part 261, that are 
present in waste-derived residues;

[[Page 50]]

    (2) If the waste-derived residue is compared with normal residue 
under paragraph (b)(1) of this section:
    (i) The levels of constituents in appendix VIII, part 261, that are 
present in normal residues; and
    (ii) Data and information, including analyses of samples as 
necessary, obtained to determine if changes in raw materials or fuels 
would reduce the concentration of toxic constituents of concern in the 
normal residue.

[50 FR 666, Jan. 4, 1985, as amended at 56 FR 42516, Aug. 27, 1991; 57 
FR 38566, Aug. 25, 1992; 58 FR 59602, Nov. 9, 1993; 64 FR 53076, Sept. 
30, 1999; 70 FR 34588, June 14, 2005]

Subparts I-L [Reserved]



                      Subpart M_Military Munitions

    Source: 62 FR 6654, Feb. 12, 1997, unless otherwise noted.



Sec. 266.200  Applicability.

    (a) The regulations in this subpart identify when military munitions 
become a solid waste, and, if these wastes are also hazardous under this 
subpart or 40 CFR part 261, the management standards that apply to these 
wastes.
    (b) Unless otherwise specified in this subpart, all applicable 
requirements in 40 CFR parts 260 through 270 apply to waste military 
munitions.



Sec. 266.201  Definitions.

    In addition to the definitions in 40 CFR 260.10, the following 
definitions apply to this subpart:
    Active range means a military range that is currently in service and 
is being regularly used for range activities.
    Chemical agents and munitions are defined as in 50 U.S.C. section 
1521(j)(1).
    Director is as defined in 40 CFR 270.2.
    Explosives or munitions emergency response specialist is as defined 
in 40 CFR 260.10.
    Explosives or munitions emergency is as defined in 40 CFR 260.10.
    Explosives or munitions emergency response is as defined in 40 CFR 
260.10.
    Inactive range means a military range that is not currently being 
used, but 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.

[[Page 51]]

    (2) An unused munition, or component thereof, is being repaired, 
reused, recycled, reclaimed, disassembled, reconfigured, or otherwise 
subjected to materials recovery activities, unless such activities 
involve use constituting disposal as defined in 40 CFR 261.2(c)(1), or 
burning for energy recovery as defined in 40 CFR 261.2(c)(2).
    (b) An unused military munition is a solid waste when any of the 
following occurs:
    (1) The munition is abandoned by being disposed of, burned, 
detonated (except during intended use as specified in paragraph (a) of 
this section), incinerated, or treated prior to disposal; or
    (2) The munition is removed from storage in a military magazine or 
other storage area for the purpose of being disposed of, burned, or 
incinerated, or treated prior to disposal, or
    (3) The munition is deteriorated or damaged (e.g., the integrity of 
the munition is compromised by cracks, leaks, or other damage) to the 
point that it cannot be put into serviceable condition, and cannot 
reasonably be recycled or used for other purposes; or
    (4) The munition has been declared a solid waste by an authorized 
military official.
    (c) A used or fired military munition is a solid waste:
    (1) When transported off range or from the site of use, where the 
site of use is not a range, for the purposes of storage, reclamation, 
treatment, disposal, or treatment prior to disposal; or
    (2) If recovered, collected, and then disposed of by burial, or 
landfilling either on or off a range.
    (d) For purposes of RCRA section 1004(27), a used or fired military 
munition is a solid waste, and, therefore, is potentially subject to 
RCRA corrective action authorities under sections 3004(u) and (v), and 
3008(h), or imminent and substantial endangerment authorities under 
section 7003, if the munition lands off-range and is not promptly 
rendered safe and/or retrieved. Any imminent and substantial threats 
associated with any remaining material must be addressed. If remedial 
action is infeasible, the operator of 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

[[Page 52]]

transportation of non-chemical waste military munitions. It does not 
affect the regulatory status of waste military munitions as hazardous 
wastes with regard to storage, treatment or disposal.
    (4) The conditional exemption in paragraph (a)(1) of this section 
applies only so long as all of the conditions in paragraph (a)(1) of 
this section are met.
    (b) Reinstatement of exemption. If any waste military munition loses 
its exemption under paragraph (a)(1) of this section, an application may 
be filed with the Director for reinstatement of the exemption from 
hazardous waste transportation regulation with respect to such munition 
as soon as the munition is returned to compliance with the conditions of 
paragraph (a)(1) of this section. If the Director finds that 
reinstatement of the exemption is appropriate based on factors such as 
the transporter's provision of a satisfactory explanation of the 
circumstances of the violation, or a demonstration that the violations 
are not likely to recur, the Director may reinstate the exemption under 
paragraph (a)(1) of this section. If the Director does not take action 
on the reinstatement application within 60 days after receipt of the 
application, then reinstatement shall be deemed granted, retroactive to 
the date of the application. However, the Director may terminate a 
conditional exemption reinstated by default in the preceding sentence if 
the Director finds that reinstatement is inappropriate based on factors 
such as the transporter's failure to provide a satisfactory explanation 
of the circumstances of the violation, or failure to demonstrate that 
the violations are not likely to recur. In reinstating the exemption 
under paragraph (a)(1) of this section, the Director may specify 
additional conditions as are necessary to ensure and document proper 
transportation to protect human health and the environment.
    (c) Amendments to DOD shipping controls. The Department of Defense 
shipping controls applicable to the transport of military munitions 
referenced in paragraph (a)(1)(ii) of this section are Government Bill 
of Lading (GBL) (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.

[[Page 53]]

    (v) The owner or operator must provide oral notice to the Director 
within 24 hours from the time the owner or operator becomes aware of any 
loss or theft of the waste military munitions, or any failure to meet a 
condition of paragraph (a)(1) that may endanger health or the 
environment. In addition, a written submission describing the 
circumstances shall be provided within 5 days from the time the owner or 
operator becomes aware of any loss or theft of the waste military 
munitions or any failure to meet a condition of paragraph (a)(1) of this 
section.
    (vi) The owner or operator must inventory the waste military 
munitions at least annually, must inspect the waste military munitions 
at least quarterly for compliance with the conditions of paragraph 
(a)(1) of this section, and must maintain records of the findings of 
these inventories and inspections for at least three years.
    (vii) Access to the stored waste military munitions must be limited 
to appropriately trained and authorized personnel.
    (2) The conditional exemption in paragraph (a)(1) of this section 
from regulation as hazardous waste shall apply only to the storage of 
non-chemical waste military munitions. It does not affect the regulatory 
status of waste military munitions as hazardous wastes with regard to 
transportation, treatment or disposal.
    (3) The conditional exemption in paragraph (a)(1) of this section 
applies only so long as all of the conditions in paragraph (a)(1) of 
this section are met.
    (b) Notice of termination of waste storage. The owner or operator 
must notify the Director when a storage unit identified in paragraph 
(a)(1)(iv) of this section will no longer be used to store waste 
military munitions.
    (c) Reinstatement of conditional exemption. If any waste military 
munition loses its conditional exemption under paragraph (a)(1) of this 
section, an application may be filed with the Director for reinstatement 
of the conditional exemption from hazardous waste storage regulation 
with respect 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

[[Page 54]]

shall become effective for purposes of paragraph (a)(1) of this section 
on the date the Department of Defense publishes notice in the Federal 
Register that the DDESB standards referenced in paragraph (a)(1) of this 
section have been amended.



Sec. 266.206  Standards applicable to the treatment and disposal of waste military munitions.

    The treatment and disposal of hazardous waste military munitions are 
subject to the applicable permitting, procedural, and technical 
standards in 40 CFR Parts 260 through 270.



   Subpart N_Conditional Exemption for Low-Level Mixed Waste Storage, 
                 Treatment, Transportation and Disposal.

    Source: 66 FR 27262, May 16, 2001, unless otherwise noted.

                                  Terms



Sec. 266.210  What definitions apply to this subpart?

    This subpart uses the following special definitions:
    Agreement State means a state that has entered into an agreement 
with the NRC under subsection 274b of the Atomic Energy Act of 1954, as 
amended (68 Stat. 919), to assume responsibility for regulating within 
its borders byproduct, source, or special nuclear material in quantities 
not sufficient to form a critical mass.
    Certified delivery means certified mail with return receipt 
requested, or equivalent courier service, or other means, that provides 
the sender with a receipt confirming delivery.
    Director refers to the definition in 40 CFR 270.2.
    Eligible Naturally Occurring and/or Accelerator-produced Radioactive 
Material (NARM) is NARM that is eligible for the Transportation and 
Disposal Conditional Exemption. It is a NARM waste that contains RCRA 
hazardous waste, meets the waste acceptance criteria of, and is allowed 
by State NARM regulations to be disposed of at a low-level radioactive 
waste disposal facility (LLRWDF) licensed in accordance with 10 CFR part 
61 or NRC Agreement State equivalent regulations.
    Exempted waste means a waste that meets the eligibility criteria in 
266.225 and meets all of the conditions in Sec. 266.230, or meets the 
eligibility criteria in 40 CFR 266.310 and complies with all the 
conditions in Sec. 266.315. Such waste is conditionally exempted from 
the regulatory definition of hazardous waste described in 40 CFR 261.3.
    Hazardous Waste means any material which is defined to be hazardous 
waste in accordance with 40 CFR 261.3, ``Definition of Hazardous 
Waste.''
    Land Disposal Restriction (LDR) Treatment Standards means treatment 
standards, under 40 CFR part 268, that a RCRA hazardous waste must meet 
before it can be disposed of in a RCRA hazardous waste land disposal 
unit.
    License means a license issued by the Nuclear Regulatory Commission, 
or NRC Agreement State, to users that manage radionuclides regulated by 
NRC, or NRC Agreement States, under authority of the Atomic Energy Act 
of 1954, as amended.
    Low-Level Mixed Waste (LLMW) is a waste that contains both low-level 
radioactive waste and RCRA hazardous waste.
    Low-Level Radioactive Waste (LLW) is a radioactive waste which 
contains source, special nuclear, or byproduct material, and which is 
not classified as high-level radioactive waste, transuranic waste, spent 
nuclear fuel, or byproduct material as defined in section 11e.(2) of the 
Atomic Energy Act. (See also NRC definition of ``waste'' at 10 CFR 61.2)
    Mixed Waste means a waste that contains both RCRA hazardous waste 
and source, special nuclear, or byproduct material subject to the Atomic 
Energy Act of 1954, as amended.
    Naturally Occurring and/or Accelerator-produced Radioactive Material 
(NARM) means radioactive materials that:
    (1) Are naturally occurring and are not source, special nuclear, or 
byproduct materials (as defined by the AEA) or
    (2) Are produced by an accelerator. NARM is regulated by the States 
under State law, or by DOE (as authorized by the AEA) under DOE orders.

[[Page 55]]

    NRC means the U. S. Nuclear Regulatory Commission.
    We or us within this subpart, means the Director as defined in 40 
CFR 270.2.
    You means a generator, treater, or other handler of low-level mixed 
waste or eligible NARM.

       Storage and Treatment Conditional Exemption and Eligibility



Sec. 266.220  What does a storage and treatment conditional exemption do?

    The storage and treatment conditional exemption exempts your low-
level mixed waste from the regulatory definition of hazardous waste in 
40 CFR 261.3 if your waste meets the eligibility criteria in Sec. 
266.225 and you meet the conditions in Sec. 266.230.



Sec. 266.225  What wastes are eligible for the storage and treatment conditional exemption?

    Low-level mixed waste (LLMW), defined in Sec. 266.210, is eligible 
for this conditional exemption if it is generated and managed by you 
under a single NRC or NRC Agreement State license. (Mixed waste 
generated at a facility with a different license number and shipped to 
your facility for storage or treatment requires a permit and is 
ineligible for this exemption. In addition, NARM waste is ineligible 
this exemption.)



Sec. 266.230  What conditions must you meet for your LLMW to qualify for and maintain a storage and treatment exemption?

    (a) For your LLMW to qualify for the exemption you must notify us in 
writing by certified delivery that you are claiming a conditional 
exemption for the LLMW stored on your facility. The dated notification 
must include your name, address, RCRA identification number, NRC or NRC 
Agreement State license number, the waste code(s) and storage unit(s) 
for which you are seeking an exemption, and a statement that you meet 
the conditions of this subpart. Your notification must be signed by your 
authorized representative who certifies that the information in the 
notification is true, accurate, and complete. You must notify us of your 
claim either within 90 days of the effective date of this rule in your 
State, or within 90 days of when a storage unit is first used to store 
conditionally exempt LLMW.
    (b) To qualify for and maintain an exemption for your LLMW you must:
    (1) Store your LLMW waste in tanks or containers in compliance with 
the requirements of your license that apply to the proper storage of 
low-level radioactive waste (not including those license requirements 
that relate solely to recordkeeping);
    (2) Store your LLMW in tanks or containers in compliance with 
chemical compatibility requirements of a tank or container in 40 CFR 
264.177, or 264.199 or 40 CFR 265.177, or 265.199;
    (3) Certify that facility personnel who manage stored conditionally 
exempt LLMW are trained in a manner that ensures that the conditionally 
exempt waste is safely managed and includes training in chemical waste 
management and hazardous materials incidents response that meets the 
personnel training standards found in 40 CFR 265.16(a)(3);
    (4) Conduct an inventory of your stored conditionally exempt LLMW at 
least annually and inspect it at least quarterly for compliance with 
subpart N of this part; and
    (5) Maintain an accurate emergency plan and provide it to all local 
authorities who may have to respond to a fire, explosion, or release of 
hazardous waste or hazardous constituents. Your plan must describe 
emergency response arrangements with local authorities; describe 
evacuation plans; list the names, addresses, and telephone numbers of 
all facility personnel qualified to work with local authorities as 
emergency coordinators; and list emergency equipment.

                                Treatment



Sec. 266.235  What waste treatment does the storage and treatment conditional exemption allow?

    You may treat your low-level mixed waste at your facility within a 
tank or container in accordance with the terms of your NRC or NRC 
Agreement State license. Treatment that cannot be done in a tank or 
container without a RCRA permit (such as incineration) is not allowed 
under this exemption.

[[Page 56]]

                      Loss of Conditional Exemption



Sec. 266.240  How could you lose the conditional exemption for your LLMW and what action must you take?

    (a) Your LLMW will automatically lose the storage and treatment 
conditional exemption if you fail to meet any of the conditions 
specified in Sec. 266.230. When your LLMW loses the exemption, you must 
immediately manage that waste which failed the condition as RCRA 
hazardous waste, and the storage unit storing the LLMW immediately 
becomes subject to RCRA hazardous waste container and/or tank storage 
requirements.
    (1) If you fail to meet any of the conditions specified in Sec. 
266.230 you must report to us and the NRC, or the oversight agency in 
the NRC Agreement State, in writing by certified delivery within 30 days 
of learning of the failure. Your report must be signed by your 
authorized representative certifying that the information provided is 
true, accurate, and complete. This report must include:
    (i) The specific condition(s) you failed to meet;
    (ii) A description of the LLMW (including the waste name, hazardous 
waste codes and quantity) and storage location at the facility; and
    (iii) The date(s) on which you failed to meet the condition(s).
    (2) If the failure to meet any of the conditions may endanger human 
health or the environment, you must also immediately notify us orally 
within 24 hours and follow up with a written notification within five 
days. Failures that may endanger human health or the environment 
include, but are not limited to, discharge of a CERCLA reportable 
quantity or other leaking or exploding tanks or containers, or detection 
of radionuclides above background or hazardous constituents in the 
leachate collection system of a storage area. If the failure may 
endanger human health or the environment, you must follow the provisions 
of your emergency plan.
    (b) We may terminate your conditional exemption for your LLMW, or 
require you to meet additional conditions to claim a conditional 
exemption, for serious or repeated noncompliance with any requirement(s) 
of subpart N of this part.



Sec. 266.245  If you lose the storage and treatment conditional exemption for your LLMW, can the exemption be reclaimed?

    (a) You may reclaim the storage and treatment exemption for your 
LLMW if:
    (1) You again meet the conditions specified in Sec. 266.230; and
    (2) You send us a notice by certified delivery that you are 
reclaiming the exemption for your LLMW. Your notice must be signed by 
your authorized representative certifying that the information contained 
in your notice is true, complete, and accurate. In your notice you must 
do the following:
    (i) Explain the circumstances of each failure.
    (ii) Certify that you have corrected each failure that caused you to 
lose the exemption for your LLMW and that you again meet all the 
conditions as of the date you specify.
    (iii) Describe plans that you have implemented, listing specific 
steps you have taken, to ensure the conditions will be met in the 
future.
    (iv) Include any other information you want us to consider when we 
review your notice reclaiming the exemption.
    (b) We may terminate a reclaimed conditional exemption if we find 
that your claim is inappropriate based on factors including, but not 
limited to, the following: you have failed to correct the problem; you 
explained the circumstances of the failure unsatisfactorily; or you 
failed to implement a plan with steps to prevent another failure to meet 
the conditions of Sec. 266.230. In reviewing a reclaimed conditional 
exemption under this section, we may add conditions to the exemption to 
ensure that waste management during storage and treatment of the LLMW 
will protect human health and the environment.

                              Recordkeeping



Sec. 266.250  What records must you keep at your facility and for how long?

    (a) In addition to those records required by your NRC or NRC 
Agreement

[[Page 57]]

State license, you must keep records as follows:
    (1) Your initial notification records, return receipts, reports to 
us of failure(s) to meet the exemption conditions, and all records 
supporting any reclaim of an exemption;
    (2) Records of your LLMW annual inventories, and quarterly 
inspections;
    (3) Your certification that facility personnel who manage stored 
mixed waste are trained in safe management of LLMW including training in 
chemical waste management and hazardous materials incidents response; 
and
    (4) Your emergency plan as specified in Sec. 266.230(b).
    (b) You must maintain records concerning notification, personnel 
trained, and your emergency plan for as long as you claim this exemption 
and for three years thereafter, or in accordance with NRC regulations 
under 10 CFR part 20 (or equivalent NRC Agreement State regulations), 
whichever is longer. You must maintain records concerning your annual 
inventory and quarterly inspections for three years after the waste is 
sent for disposal, or in accordance with NRC regulations under 10 CFR 
part 20 (or equivalent NRC Agreement State regulations), whichever is 
longer.

                            Reentry Into RCRA



Sec. 266.255  When is your LLMW no longer eligible for the storage and treatment conditional exemption?

    (a) When your LLMW has met the requirements of your NRC or NRC 
Agreement State license for decay-in-storage and can be disposed of as 
non-radioactive waste, then the conditional exemption for storage no 
longer applies. On that date your waste is subject to hazardous waste 
regulation under the relevant sections of 40 CFR parts 260 through 271, 
and the time period for accumulation of a hazardous waste as specified 
in 40 CFR 262.34 begins.
    (b) When your conditionally exempt LLMW, which has been generated 
and stored under a single NRC or NRC Agreement State license number, is 
removed from storage, it is no longer eligible for the storage and 
treatment exemption. However, your waste may be eligible for the 
transportation and disposal conditional exemption at Sec. 266.305.

                          Storage Unit Closure



Sec. 266.260  Do closure requirements apply to units that stored LLMW prior to the effective date of Subpart N?

    Interim status and permitted storage units that have been used to 
store only LLMW prior to the effective date of subpart N of this part 
and, after that date, store only LLMW which becomes exempt under this 
subpart N, are not subject to the closure requirements of 40 CFR parts 
264 and 265. Storage units (or portions of units) that have been used to 
store both LLMW and non-mixed hazardous waste prior to the effective 
date of subpart N or are used to store both after that date remain 
subject to closure requirements with respect to the non-mixed hazardous 
waste.

            Transportation and Disposal Conditional Exemption



Sec. 266.305  What does the transportation and disposal conditional exemption do?

    This conditional exemption exempts your waste from the regulatory 
definition of hazardous waste in 40 CFR 261.3 if your waste meets the 
eligibility criteria under Sec. 266.310, and you meet the conditions in 
Sec. 266.315.

                               Eligibility



Sec. 266.310  What wastes are eligible for the transportation and disposal conditional exemption?

    Eligible waste must be:
    (a) A low-level mixed waste (LLMW), as defined in Sec. 266.210, 
that meets the waste acceptance criteria of a LLRWDF; and/or
    (b) An eligible NARM waste, defined in Sec. 266.210.

                               Conditions



Sec. 266.315  What are the conditions you must meet for your waste to qualify for and maintain the transportation and disposal conditional exemption?

    You must meet the following conditions for your eligible waste to 
qualify for and maintain the exemption:

[[Page 58]]

    (a) The eligible waste must meet or be treated to meet LDR treatment 
standards as described in Sec. 266.320.
    (b) If you are not already subject to NRC, or NRC Agreement State 
equivalent manifest and transportation regulations for the shipment of 
your waste, you must manifest and transport your waste according to NRC 
regulations as described in Sec. 266.325.
    (c) The exempted waste must be in containers when it is disposed of 
in the LLRWDF as described in Sec. 266.340.
    (d) The exempted waste must be disposed of at a designated LLRWDF as 
described in Sec. 266.335.



Sec. 266.320  What treatment standards must your eligible waste meet?

    Your LLMW or eligible NARM waste must meet Land Disposal Restriction 
(LDR) treatment standards specified in 40 CFR part 268, subpart D.



Sec. 266.325  Are you subject to the manifest and transportation condition in Sec. 266.315(b)?

    If you are not already subject to NRC, or NRC Agreement State 
equivalent manifest and transportation regulations for the shipment of 
your waste, you must meet the manifest requirements under 10 CFR 20.2006 
(or NRC Agreement State equivalent regulations), and the transportation 
requirements under 10 CFR 1.5 (or NRC Agreement State equivalent 
regulations) to ship the exempted waste.



Sec. 266.330  When does the transportation and disposal exemption take effect?

    The exemption becomes effective once all the following have 
occurred:
    (a) Your eligible waste meets the applicable LDR treatment 
standards.
    (b) You have received return receipts that you have notified us and 
the LLRWDF as described in Sec. 266.345.
    (c) You have completed the packaging and preparation for shipment 
requirements for your waste according to NRC Packaging and 
Transportation regulations found under 10 CFR part 71 (or NRC Agreement 
State equivalent regulations); and you have prepared a manifest for your 
waste according to NRC manifest regulations found under 10 CFR part 20 
(or NRC Agreement State equivalent regulations), and
    (d) You have placed your waste on a transportation vehicle destined 
for a LLRWDF licensed by NRC or an NRC Agreement State.



Sec. 266.335  Where must your exempted waste be disposed of?

    Your exempted waste must be disposed of in a LLRWDF that is 
regulated and licensed by NRC under 10 CFR part 61 or by an NRC 
Agreement State under equivalent State regulations, including State NARM 
licensing regulations for eligible NARM.



Sec. 266.340  What type of container must be used for disposal of exempted waste?

    Your exempted waste must be placed in containers before it is 
disposed. The container must be:
    (a) A carbon steel drum; or
    (b) An alternative container with equivalent containment performance 
in the disposal environment as a carbon steel drum; or
    (c) A high integrity container as defined by NRC.

                              Notification



Sec. 266.345  Whom must you notify?

    (a) You must provide a one time notice to us stating that you are 
claiming the transportation and disposal conditional exemption prior to 
the initial shipment of an exempted waste from your facility to a 
LLRWDF. Your dated written notice must include your facility name, 
address, phone number, and RCRA ID number, and be sent by certified 
delivery.
    (b) You must notify the LLRWDF receiving your exempted waste by 
certified delivery before shipment of each exempted waste. You can only 
ship the exempted waste after you have received the return receipt of 
your notice to the LLRWDF. This notification must include the following:
    (1) A statement that you have claimed the exemption for the waste.
    (2) A statement that the eligible waste meets applicable LDR 
treatment standards.
    (3) Your facility's name, address, and RCRA ID number.

[[Page 59]]

    (4) The RCRA hazardous waste codes prior to the exemption of the 
waste streams.
    (5) A statement that the exempted waste must be placed in a 
container according to Sec. 266.340 prior to disposal in order for the 
waste to remain exempt under the transportation and disposal conditional 
exemption of subpart N of this part.
    (6) The manifest number of the shipment that will contain the 
exempted waste.
    (7) A certification that all the information provided is true, 
complete, and accurate. The statement must be signed by your authorized 
representative.

                              Recordkeeping



Sec. 266.350  What records must you keep at your facility and for how long?

    In addition to those records required by your NRC or NRC Agreement 
State license, you must keep records as follows:
    (a) You must follow the applicable existing recordkeeping 
requirements under 40 CFR 264.73, 40 CFR 265.73, and 40 CFR 268.7 of 
this chapter to demonstrate that your waste has met LDR treatment 
standards prior to your claiming the exemption.
    (b) You must keep a copy of all notifications and return receipts 
required under Sec. Sec. 266.355, and 266.360 for three years after the 
exempted waste is sent for disposal.
    (c) You must keep a copy of all notifications and return receipts 
required under Sec. 266.345(a) for three years after the last exempted 
waste is sent for disposal.
    (d) You must keep a copy of the notification and return receipt 
required under Sec. 266.345(b) for three years after the exempted waste 
is sent for disposal.
    (e) If you are not already subject to NRC, or NRC Agreement State 
equivalent manifest and transportation regulations for the shipment of 
your waste, you must also keep all other documents related to tracking 
the exempted waste as required under 10 CFR 20.2006 or NRC Agreement 
State equivalent regulations, including applicable NARM requirements, in 
addition to the records specified in Sec. 266.350(a) through (d).

        Loss of Transportation and Disposal Conditional Exemption



Sec. 266.355  How could you lose the transportation and disposal conditional exemption for your waste and what actions must you take?

    (a) Any waste will automatically lose the transportation and 
disposal exemption if you fail to manage it in accordance with all of 
the conditions specified in Sec. 266.315.
    (1) When you fail to meet any of the conditions specified in Sec. 
266.315 for any of your wastes, you must report to us, in writing by 
certified delivery, within 30 days of learning of the failure. Your 
report must be signed by your authorized representative certifying that 
the information provided is true, accurate, and complete. This report 
must include:
    (i) The specific condition(s) that you failed to meet for the waste;
    (ii) A description of the waste (including the waste name, hazardous 
waste codes and quantity) that lost the exemption; and
    (iii) The date(s) on which you failed to meet the condition(s) for 
the waste.
    (2) If the failure to meet any of the conditions may endanger human 
health or the environment, you must also immediately notify us orally 
within 24 hours and follow up with a written notification within 5 days.
    (b) We may terminate your ability to claim a conditional exemption 
for your waste, or require you to meet additional conditions to claim a 
conditional exemption, for serious or repeated noncompliance with any 
requirement(s) of subpart N of this part.



Sec. 266.360  If you lose the transportation and disposal conditional exemption for a waste, can the exemption be reclaimed?

    (a) You may reclaim the transportation and disposal exemption for a 
waste after you have received a return receipt confirming that we have 
received your notification of the loss of the exemption specified in 
Sec. 266.355(a) and if:
    (1) You again meet the conditions specified in Sec. 266.315 for the 
waste; and

[[Page 60]]

    (2) You send a notice, by certified delivery, to us that you are 
reclaiming the exemption for the waste. Your notice must be signed by 
your authorized representative certifying that the information provided 
is true, accurate, and complete. The notice must:
    (i) Explain the circumstances of each failure.
    (ii) Certify that each failure that caused you to lose the exemption 
for the waste has been corrected and that you again meet all conditions 
for the waste as of the date you specify.
    (iii) Describe plans you have implemented, listing the specific 
steps that you have taken, to ensure that conditions will be met in the 
future.
    (iv) Include any other information you want us to consider when we 
review your notice reclaiming the exemption.
    (b) We may terminate a reclaimed conditional exemption if we find 
that your claim is inappropriate based on factors including, but not 
limited to: you have failed to correct the problem; you explained the 
circumstances of the failure unsatisfactorily; or you failed to 
implement a plan with steps to prevent another failure to meet the 
conditions of Sec. 266.315. In reviewing a reclaimed conditional 
exemption under this section, we may add conditions to the exemption to 
ensure that transportation and disposal activities will protect human 
health and the environment.



Sec. Appendix I to Part 266--Tier I and Tier II Feed Rate and Emissions 
                       Screening Limits for Metals

Table I-A--Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities
                                              in Noncomplex Terrain
                                            [Values for urban areas]
----------------------------------------------------------------------------------------------------------------
                                           Antimony   Barium (g/   Lead (g/   Mercury (g/ Silver (g/   Thallium
   Terrain adjusted eff. stack ht. (m)      (g/hr)        hr)         hr)         hr)         hr)       (g/hr)
----------------------------------------------------------------------------------------------------------------
4.......................................     6.0E+01     1.0E+04     1.8E+01     6.0E+01     6.0E+02     6.0E+01
6.......................................     6.8E+01     1.1E+04     2.0E+01     6.8E+01     6.8E+02     6.8E+01
8.......................................     7.6E+01     1.3E+04     2.3E+01     7.6E+01     7.6E+02     7.6E+01
10......................................     8.6E+01     1.4E+04     2.6E+01     8.6E+01     8.6E+02     8.6E+01
12......................................     9.6E+01     1.7E+04     3.0E+01     9.6E+01     9.6E+02     9.6E+01
14......................................     1.1E+02     1.8E+04     3.4E+01     1.1E+02     1.1E+03     1.1E+02
16......................................     1.3E+02     2.1E+04     3.6E+01     1.3E+02     1.3E+03     1.3E+02
18......................................     1.4E+02     2.4E+04     4.3E+01     1.4E+02     1.4E+03     1.4E+02
20......................................     1.6E+02     2.7E+04     4.6E+01     1.6E+02     1.6E+03     1.6E+02
22......................................     1.8E+02     3.0E+04     5.4E+01     1.8E+02     1.8E+03     1.8E+02
24......................................     2.0E+02     3.4E+04     6.0E+01     2.0E+02     2.0E+03     2.0E+02
26......................................     2.3E+02     3.9E+04     6.8E+01     2.3E+02     2.3E+03     2.3E+02
28......................................     2.6E+02     4.3E+04     7.8E+01     2.6E+02     2.6E+03     2.6E+02
30......................................     3.0E+02     5.0E+04     9.0E+01     3.0E+02     3.0E+03     3.0E+02
35......................................     4.0E+02     6.6E+04     1.1E+02     4.0E+02     4.0E+03     4.0E+02
40......................................     4.6E+02     7.8E+04     1.4E+02     4.6E+02     4.6E+03     4.6E+02
45......................................     6.0E+02     1.0E+05     1.8E+02     6.0E+02     6.0E+03     6.0E+02
50......................................     7.8E+02     1.3E+05     2.3E+02     7.8E+02     7.8E+03     7.8E+02
55......................................     9.6E+02     1.7E+05     3.0E+02     9.6E+02     9.6E+03     9.6E+02
60......................................     1.2E+03     2.0E+05     3.6E+02     1.2E+03     1.2E+04     1.2E+03
65......................................     1.5E+03     2.5E+05     4.3E+02     1.5E+03     1.5E+04     1.5E+03
70......................................     1.7E+03     2.8E+05     5.0E+02     1.7E+03     1.7E+04     1.7E+03
75......................................     1.9E+03     3.2E+05     5.8E+02     1.9E+03     1.9E+04     1.9E+03
80......................................     2.2E+03     3.6E+05     6.4E+02     2.2E+03     2.2E+04     2.2E+03
85......................................     2.5E+03     4.0E+05     7.6E+02     2.5E+03     2.5E+04     2.5E+03
90......................................     2.8E+03     4.6E+05     8.2E+02     2.8E+03     2.8E+04     2.8E+03
95......................................     3.2E+03     5.4E+05     9.6E+02     3.2E+03     3.2E+04     3.2E+03
100.....................................     3.6E+03     6.0E+05     1.1E+03     3.6E+03     3.6E+04     3.6E+03
105.....................................     4.0E+03     6.8E+05     1.2E+03     4.0E+03     4.0E+04     4.0E+03
110.....................................     4.6E+03     7.8E+05     1.4E+03     4.6E+03     4.6E+04     4.6E+03
115.....................................     5.4E+03     8.6E+05     1.6E+03     5.4E+03     5.4E+04     5.4E+03
120.....................................     6.0E+03     1.0E+06     1.8E+03     6.0E+03     6.0E+04     6.0E+03
----------------------------------------------------------------------------------------------------------------


[[Page 61]]


Table I-B--Tier i and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities
                                              in Noncomplex Terrain
                                            [Values for rural areas]
----------------------------------------------------------------------------------------------------------------
                                           Antimony   Barium (g/   Lead (g/   Mercury (g/ Silver (g/   Thallium
   Terrain adjusted eff. stack ht. (m)      (g/hr)        hr)         hr)         hr)         hr)       (g/hr)
----------------------------------------------------------------------------------------------------------------
4.......................................     3.1E+01     5.2E+03     9.4E+00     3.1E+01     3.1E+02     3.1E+01
6.......................................     3.6E+01     6.0E+03     1.1E+01     3.6E+01     3.6E+02     3.6E+01
8.......................................     4.0E+01     6.8E+03     1.2E+01     4.0E+01     4.0E+02     4.0E+01
10......................................     4.6E+01     7.8E+03     1.4E+01     4.6E+01     4.6E+02     4.6E+01
12......................................     5.8E+01     9.6E+03     1.7E+01     5.8E+01     5.8E+02     5.8E+01
14......................................     6.8E+01     1.1E+04     2.1E+01     6.8E+01     6.8E+02     6.8E+01
16......................................     8.6E+01     1.4E+04     2.6E+01     8.6E+01     8.6E+02     8.6E+01
18......................................     1.1E+02     1.8E+04     3.2E+01     1.1E+02     1.1E+03     1.1E+02
20......................................     1.3E+02     2.2E+04     4.0E+01     1.3E+02     1.3E+03     1.3E+02
22......................................     1.7E+02     2.8E+04     5.0E+01     1.7E+02     1.7E+03     1.7E+02
24......................................     2.2E+02     3.6E+04     6.4E+01     2.2E+02     2.2E+03     2.2E+02
26......................................     2.8E+02     4.6E+04     8.2E+01     2.8E+02     2.8E+03     2.8E+02
28......................................     3.5E+02     5.8E+04     1.0E+02     3.5E+02     3.5E+03     3.5E+02
30......................................     4.3E+02     7.6E+04     1.3E+02     4.3E+02     4.3E+03     4.3E+02
35......................................     7.2E+02     1.2E+05     2.1E+02     7.2E+02     7.2E+03     7.2E+02
40......................................     1.1E+03     1.8E+05     3.2E+02     1.1E+03     1.1E+04     1.1E+03
45......................................     1.5E+03     2.5E+05     4.6E+02     1.5E+03     1.5E+04     1.5E+03
50......................................     2.0E+03     3.3E+05     6.0E+02     2.0E+03     2.0E+04     2.0E+03
55......................................     2.6E+03     4.4E+05     7.8E+02     2.6E+03     2.6E+04     2.6E+03
60......................................     3.4E+03     5.8E+05     1.0E+03     3.4E+03     3.4E+04     3.4E+03
65......................................     4.6E+03     7.6E+05     1.4E+03     4.6E+03     4.6E+04     4.6E+03
70......................................     5.4E+03     9.0E+05     1.6E+03     5.4E+03     5.4E+04     5.4E+03
75......................................     6.4E+03     1.1E+06     1.9E+03     6.4E+03     6.4E+04     6.4E+03
80......................................     7.6E+03     1.3E+06     2.3E+03     7.6E+03     7.6E+04     7.6E+03
85......................................     9.4E+03     1.5E+06     2.8E+03     9.4E+03     9.4E+04     9.4E+03
90......................................     1.1E+04     1.8E+06     3.3E+03     1.1E+04     1.1E+05     1.1E+04
95......................................     1.3E+04     2.2E+06     3.9E+03     1.3E+04     1.3E+05     1.3E+04
100.....................................     1.5E+04     2.6E+06     4.6E+03     1.5E+04     1.5E+05     1.5E+04
105.....................................     1.8E+04     3.0E+06     5.4E+03     1.8E+04     1.8E+05     1.8E+04
110.....................................     2.2E+04     3.6E+06     6.6E+03     2.2E+04     2.2E+05     2.2E+04
115.....................................     2.6E+04     4.4E+06     7.8E+03     2.6E+04     2.6E+05     2.6E+04
120.....................................     3.1E+04     5.0E+06     9.2E+03     3.1E+04     3.1E+05     3.1E+04
----------------------------------------------------------------------------------------------------------------


Table I-C--Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities
                                               in Complex Terrain
----------------------------------------------------------------------------------------------------------------
                                        Values for urban and rural areas
-----------------------------------------------------------------------------------------------------------------
                                           Antimony   Barium (g/   Lead (g/   Mercury (g/ Silver (g/   Thallium
   Terrain adjusted eff. stack ht. (m)      (g/hr)        hr)         hr)         hr)         hr)       (g/hr)
----------------------------------------------------------------------------------------------------------------
4.......................................     1.4E+01     2.4E+03     4.3E+00     1.4E+01     1.4E+02     1.4E+01
6.......................................     2.1E+01     3.5E+03     6.2E+00     2.1E+01     2.1E+02     2.1E+01
8.......................................     3.0E+01     5.0E+03     9.2E+00     3.0E+01     3.0E+02     3.0E+01
10......................................     4.3E+01     7.6E+03     1.3E+01     4.3E+01     4.3E+02     4.3E+01
12......................................     5.4E+01     9.0E+03     1.7E+01     5.4E+01     5.4E+02     5.4E+01
14......................................     6.8E+01     1.1E+04     2.0E+01     6.8E+01     6.8E+02     6.8E+01
16......................................     7.8E+01     1.3E+04     2.4E+01     7.8E+01     7.8E+02     7.8E+01
18......................................     8.6E+01     1.4E+04     2.6E+01     8.6E+01     8.6E+02     8.6E+01
20......................................     9.6E+01     1.6E+04     2.9E+01     9.6E+01     9.6E+02     9.6E+01
22......................................     1.0E+02     1.8E+04     3.2E+01     1.0E+02     1.0E+03     1.0E+02
24......................................     1.2E+02     1.9E+04     3.5E+01     1.2E+02     1.2E+03     1.2E+02
26......................................     1.3E+02     2.2E+04     3.6E+01     1.3E+02     1.3E+03     1.3E+02
28......................................     1.4E+02     2.4E+04     4.3E+01     1.4E+02     1.4E+03     1.4E+02
30......................................     1.6E+02     2.7E+04     4.6E+01     1.6E+02     1.6E+03     1.6E+02
35......................................     2.0E+02     3.3E+04     5.8E+01     2.0E+02     2.0E+03     2.0E+02
40......................................     2.4E+02     4.0E+04     7.2E+01     2.4E+02     2.4E+03     2.4E+02
45......................................     3.0E+02     5.0E+04     9.0E+01     3.0E+02     3.0E+03     3.0E+02
50......................................     3.6E+02     6.0E+04     1.1E+02     3.6E+02     3.6E+03     3.6E+02
55......................................     4.6E+02     7.6E+04     1.4E+02     4.6E+02     4.6E+03     4.6E+02
60......................................     5.8E+02     9.4E+04     1.7E+02     5.8E+02     5.8E+03     5.8E+02
65......................................     6.8E+02     1.1E+05     2.1E+02     6.8E+02     6.8E+03     6.8E+02
70......................................     7.8E+02     1.3E+05     2.4E+02     7.8E+02     7.8E+03     7.8E+02
75......................................     8.6E+02     1.4E+05     2.6E+02     8.6E+02     8.6E+03     8.6E+02
80......................................     9.6E+02     1.6E+05     2.9E+02     9.6E+02     9.6E+03     9.6E+02
85......................................     1.1E+03     1.8E+05     3.3E+02     1.1E+03     1.1E+04     1.1E+03
90......................................     1.2E+03     2.0E+05     3.6E+02     1.2E+03     1.2E+04     1.2E+03
95......................................     1.4E+03     2.3E+05     4.0E+02     1.4E+03     1.4E+04     1.4E+03

[[Page 62]]

 
100.....................................     1.5E+03     2.6E+05     4.6E+02     1.5E+03     1.5E+04     1.5E+03
105.....................................     1.7E+03     2.8E+05     5.0E+02     1.7E+03     1.7E+04     1.7E+03
110.....................................     1.9E+03     3.2E+05     5.8E+02     1.9E+03     1.9E+04     1.9E+03
115.....................................     2.1E+03     3.6E+05     6.4E+02     2.1E+03     2.1E+04     2.1E+03
120.....................................     2.4E+03     4.0E+05     7.2E+02     2.4E+03     2.4E+04     2.4E+03
----------------------------------------------------------------------------------------------------------------


           Table I-D--Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in Noncomplex Terrain
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Values for use in urban areas                                                Values for use in rural areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Arsenic    Cadmium    Chromium  Beryllium   Arsenic    Cadmium    Chromium  Beryllium
               Terrain adjusted eff. stack ht. (m)                  (g/hr)     (g/hr)     (g/hr)     (g/hr)     (g/hr)     (g/hr)     (g/hr)     (g/hr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
4...............................................................    4.6E-01    1.1E+00    1.7E-01    8.2E-01    2.4E-01    5.8E-01    8.6E-02    4.3E-01
6...............................................................    5.4E-01    1.3E+00    1.9E-01    9.4E-01    2.8E-01    6.6E-01    1.0E-01    5.0E-01
8...............................................................    6.0E-01    1.4E+00    2.2E-01    1.1E+00    3.2E-01    7.6E-01    1.1E-01    5.6E-01
10..............................................................    6.8E-01    1.6E+00    2.4E-01    1.2E+00    3.6E-01    8.6E-01    1.3E-01    6.4E-01
12..............................................................    7.6E-01    1.8E+00    2.7E-01    1.4E+00    4.3E-01    1.1E+00    1.6E-01    7.8E-01
14..............................................................    8.6E-01    2.1E+00    3.1E-01    1.5E+00    5.4E-01    1.3E+00    2.0E-01    9.6E-01
16..............................................................    9.6E-01    2.3E+00    3.5E-01    1.7E+00    6.8E-01    1.6E+00    2.4E-01    1.2E+00
18..............................................................    1.1E+00    2.6E+00    4.0E-01    2.0E+00    8.2E-01    2.0E+00    3.0E-01    1.5E+00
20..............................................................    1.2E+00    3.0E+00    4.4E-01    2.2E+00    1.0E+00    2.5E+00    3.7E-01    1.9E+00
22..............................................................    1.4E+00    3.4E+00    5.0E-01    2.5E+00    1.3E+00    3.2E+00    4.8E-01    2.4E+00
24..............................................................    1.6E+00    3.9E+00    5.8E-01    2.8E+00    1.7E+00    4.0E+00    6.0E-01    3.0E+00
26..............................................................    1.8E+00    4.3E+00    6.4E-01    3.2E+00    2.1E+00    5.0E+00    7.6E-01    3.9E+00
28..............................................................    2.0E+00    4.8E+00    7.2E-01    3.6E+00    2.7E+00    6.4E+00    9.8E-01    5.0E+00
30..............................................................    2.3E+00    5.4E+00    8.2E-01    4.0E+00    3.5E+00    8.2E+00    1.2E+00    6.2E+00
35..............................................................    3.0E+00    6.8E+00    1.0E+00    5.4E+00    5.4E+00    1.3E+01    1.9E+00    9.6E+00
40..............................................................    3.6E+00    9.0E+00    1.3E+00    6.8E+00    8.2E+00    2.0E+01    3.0E+00    1.5E+01
45..............................................................    4.6E+00    1.1E+01    1.7E+00    8.6E+00    1.1E+01    2.8E+01    4.2E+00    2.1E+01
50..............................................................    6.0E+00    1.4E+01    2.2E+00    1.1E+01    1.5E+01    3.7E+01    5.4E+00    2.8E+01
55..............................................................    7.6E+00    1.8E+01    2.7E+00    1.4E+01    2.0E+01    5.0E+01    7.2E+00    3.6E+01
60..............................................................    9.4E+00    2.2E+01    3.4E+00    1.7E+01    2.7E+01    6.4E+01    9.6E+00    4.8E+01
65..............................................................    1.1E+01    2.8E+01    4.2E+00    2.1E+01    3.6E+01    8.6E+01    1.3E+01    6.4E+01
70..............................................................    1.3E+01    3.1E+01    4.6E+00    2.4E+01    4.3E+01    1.0E+02    1.5E+01    7.6E+01
75..............................................................    1.5E+01    3.6E+01    5.4E+00    2.7E+01    5.0E+01    1.2E+02    1.8E+01    9.0E+01
80..............................................................    1.7E+01    4.0E+01    6.0E+00    3.0E+01    6.0E+01    1.4E+02    2.2E+01    1.1E+02
85..............................................................    1.9E+01    4.6E+01    6.8E+00    3.4E+01    7.2E+01    1.7E+02    2.6E+01    1.3E+02
90..............................................................    2.2E+01    5.0E+01    7.8E+00    3.9E+01    8.6E+01    2.0E+02    3.0E+01    1.5E+02
95..............................................................    2.5E+01    5.8E+01    9.0E+00    4.4E+01    1.0E+02    2.4E+02    3.6E+01    1.8E+02
100.............................................................    2.8E+01    6.8E+01    1.0E+01    5.0E+01    1.2E+02    2.9E+02    4.3E+01    2.2E+02
105.............................................................    3.2E+01    7.6E+01    1.1E+01    5.6E+01    1.4E+02    3.4E+02    5.0E+01    2.6E+02
110.............................................................    3.6E+01    8.6E+01    1.3E+01    6.4E+01    1.7E+02    4.0E+02    6.0E+01    3.0E+02
115.............................................................    4.0E+01    9.6E+01    1.5E+01    7.2E+01    2.0E+02    4.8E+02    7.2E+01    3.6E+02
120.............................................................    4.6E+01    1.1E+02    1.7E+01    8.2E+01    2.4E+02    5.8E+02    8.6E+01    4.3E+02
--------------------------------------------------------------------------------------------------------------------------------------------------------


Table I-E--Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in
                                                 Complex Terrain
----------------------------------------------------------------------------------------------------------------
                                     Values for use in urban and rural areas
-----------------------------------------------------------------------------------------------------------------
                                                              Arsenic (g/  Cadmium (g/  Chromium (g/  Beryllium
             Terrain adjusted eff. stack ht. (m)                  hr)          hr)          hr)         (g/hr)
----------------------------------------------------------------------------------------------------------------
4...........................................................      1.1E-01      2.6E-01      4.0E-02      2.0E-01
6...........................................................      1.6E-01      3.9E-01      5.8E-02      2.9E-01
8...........................................................      2.4E-01      5.8E-01      8.6E-02      4.3E-01
10..........................................................      3.5E-01      8.2E-01      1.3E-01      6.2E-01
12..........................................................      4.3E-01      1.0E+00      1.5E-01      7.6E-01
14..........................................................      5.0E-01      1.3E+00      1.9E-01      9.4E-01
16..........................................................      6.0E-01      1.4E+00      2.2E-01      1.1E+00
18..........................................................      6.8E-01      1.6E+00      2.4E-01      1.2E+00
20..........................................................      7.6E-01      1.8E+00      2.7E-01      1.3E+00
22..........................................................      8.2E-01      1.9E+00      3.0E-01      1.5E+00
24..........................................................      9.0E-01      2.1E+00      3.3E-01      1.6E+00

[[Page 63]]

 
26..........................................................      1.0E+00      2.4E+00      3.6E-01      1.8E+00
28..........................................................      1.1E+00      2.7E+00      4.0E-01      2.0E+00
30..........................................................      1.2E+00      3.0E+00      4.4E-01      2.2E+00
35..........................................................      1.5E+00      3.7E+00      5.4E-01      2.7E+00
40..........................................................      1.9E+00      4.6E+00      6.8E-01      3.4E+00
45..........................................................      2.4E+00      5.4E+00      8.4E-01      4.2E+00
50..........................................................      2.9E+00      6.8E+00      1.0E+00      5.0E+00
55..........................................................      3.5E+00      8.4E+00      1.3E+00      6.4E+00
60..........................................................      4.3E+00      1.0E+01      1.5E+00      7.8E+00
65..........................................................      5.4E+00      1.3E+01      1.9E+00      9.6E+00
70..........................................................      6.0E+00      1.4E+01      2.2E+00      1.1E+01
75..........................................................      6.8E+00      1.6E+01      2.4E+00      1.2E+01
80..........................................................      7.6E+00      1.8E+01      2.7E+00      1.3E+01
85..........................................................      8.2E+00      2.0E+01      3.0E+00      1.5E+01
90..........................................................      9.4E+00      2.3E+01      3.4E+00      1.7E+01
95..........................................................      1.0E+01      2.5E+01      4.0E+00      1.9E+01
100.........................................................      1.2E+01      2.8E+01      4.3E+00      2.1E+01
105.........................................................      1.3E+01      3.2E+01      4.8E+00      2.4E+01
110.........................................................      1.5E+01      3.5E+01      5.4E+00      2.7E+01
115.........................................................      1.7E+01      4.0E+01      6.0E+00      3.0E+01
120.........................................................      1.9E+01      4.4E+01      6.4E+00      3.3E+01
----------------------------------------------------------------------------------------------------------------


[56 FR 7228, Feb. 21, 1991; 56 FR 32690, July 17, 1991]



  Sec. Appendix II to Part 266--Tier I Feed Rate Screening Limits for 
                             Total Chlorine

----------------------------------------------------------------------------------------------------------------
                                                       Noncomplex Terrain                     Complex Terrain
   Terrain-adjusted effective stack    -------------------------------------------------------------------------
              height (m)                      Urban (g/hr)             Rural (g/hr)               (g/hr)
----------------------------------------------------------------------------------------------------------------
4.....................................  8.2E+01................  4.2E+01................  1.9E+01
6.....................................  9.1E+01................  4.8E+01................  2.8E+01
8.....................................  1.0E+02................  5.3E+01................  4.1E+01
10....................................  1.2E+02................  6.2E+01................  5.8E+01
12....................................  1.3E+02................  7.7E+01................  7.2E+01
14....................................  1.5E+02................  9.1E+01................  9.1E+01
16....................................  1.7E+02................  1.2E+02................  1.1E+02
18....................................  1.9E+02................  1.4E+02................  1.2E+02
20....................................  2.1E+02................  1.8E+02................  1.3E+02
22....................................  2.4E+02................  2.3E+02................  1.4E+02
24....................................  2.7E+02................  2.9E+02................  1.6E+02
26....................................  3.1E+02................  3.7E+02................  1.7E+02
28....................................  3.5E+02................  4.7E+02................  1.9E+02
30....................................  3.9E+02................  5.8E+02................  2.1E+02
35....................................  5.3E+02................  9.6E+02................  2.6E+02
40....................................  6.2E+02................  1.4E+03................  3.3E+02
45....................................  8.2E+02................  2.0E+03................  4.0E+02
50....................................  1.1E+03................  2.6E+03................  4.8E+02
55....................................  1.3E+03................  3.5E+03................  6.2E+02
60....................................  1.6E+03................  4.6E+03................  7.7E+02
65....................................  2.0E+03................  6.2E+03................  9.1E+02
70....................................  2.3E+03................  7.2E+03................  1.1E+03
75....................................  2.5E+03................  8.6E+03................  1.2E+03
80....................................  2.9E+03................  1.0E+04................  1.3E+03
85....................................  3.3E+03................  1.2E+04................  1.4E+03
90....................................  3.7E+03................  1.4E+04................  1.6E+03
95....................................  4.2E+03................  1.7E+04................  1.8E+03
100...................................  4.8E+03................  2.1E+04................  2.0E+03
105...................................  5.3E+03................  2.4E+04................  2.3E+03
110...................................  6.2E+03................  2.9E+04................  2.5E+03
115...................................  7.2E+03................  3.5E+04................  2.8E+03
120...................................  8.2E+03................  4.1E+04................  3.2E+03
----------------------------------------------------------------------------------------------------------------


[56 FR 32690, July 17, 1991]

[[Page 64]]



 Sec. Appendix III to Part 266--Tier II Emission Rate Screening Limits 
                 for Free Chlorine and Hydrogen Chloride

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Noncomplex terrain                                           Complex terrain
                                  ----------------------------------------------------------------------------------------------------------------------
 Terrain-adjusted effective stack          Values for urban areas                  Values for rural areas            Values for use in urban and rural
            height (m)            --------------------------------------------------------------------------------                 areas
                                                                                                                  --------------------------------------
                                       Cl2 (g/hr)          HCl (g/hr)          Cl2 (g/hr)          HCl (g/hr)          Cl2 (g/hr)          HCl (g/hr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
4................................  8.2E+01...........  1.4E+03...........  4.2E+01...........  7.3E+02...........  1.9E+01...........  3.3E+02
6................................  9.1E+01...........  1.6E+03...........  4.8E+01...........  8.3E+02...........  2.8E+01...........  4.9E+02
8................................  1.0E+02...........  1.8E+03...........  5.3E+01...........  9.2E+02...........  4.1E+01...........  7.1E+02
10...............................  1.2E+02...........  2.0E+03...........  6.2E+01...........  1.1E+03...........  5.8E+01...........  1.0E+03
12...............................  1.3E+02...........  2.3E+03...........  7.7E+01...........  1.3E+03...........  7.2E+01...........  1.3E+03
14...............................  1.5E+02...........  2.6E+03...........  9.1E+01...........  1.6E+03...........  9.1E+01...........  1.6E+03
16...............................  1.7E+02...........  2.9E+03...........  1.2E+02...........  2.0E+03...........  1.1E+02...........  1.8E+03
18...............................  1.9E+02...........  3.3E+03...........  1.4E+02...........  2.5E+03...........  1.2E+02...........  2.0E+03
20...............................  2.1E+02...........  3.7E+03...........  1.8E+02...........  3.1E+03...........  1.3E+02...........  2.3E+03
22...............................  2.4E+02...........  4.2E+03...........  2.3E+02...........  3.9E+03...........  1.4E+02...........  2.4E+03
24...............................  2.7E+02...........  4.8E+03...........  2.9E+02...........  5.0E+03...........  1.6E+02...........  2.8E+03
26...............................  3.1E+02...........  5.4E+03...........  3.7E+02...........  6.5E+03...........  1.7E+02...........  3.0E+03
28...............................  3.5E+02...........  6.0E+03...........  4.7E+02...........  8.1E+03...........  1.9E+02...........  3.4E+03
30...............................  3.9E+02...........  6.9E+03...........  5.8E+02...........  1.0E+04...........  2.1E+02...........  3.7E+03
35...............................  5.3E+02...........  9.2E+03...........  9.6E+02...........  1.7E+04...........  2.6E+02...........  4.6E+03
40...............................  6.2E+02...........  1.1E+04...........  1.4E+03...........  2.5E+04...........  3.3E+02...........  5.7E+03
45...............................  8.2E+02...........  1.4E+04...........  2.0E+03...........  3.5E+04...........  4.0E+02...........  7.0E+03
50...............................  1.1E+03...........  1.8E+04...........  2.6E+03...........  4.6E+04...........  4.8E+02...........  8.4E+03
55...............................  1.3E+03...........  2.3E+04...........  3.5E+03...........  6.1E+04...........  6.2E+02...........  1.1E+04
60...............................  1.6E+03...........  2.9E+04...........  4.6E+03...........  8.1E+04...........  7.7E+02...........  1.3E+04
65...............................  2.0E+03...........  3.4E+04...........  6.2E+03...........  1.1E+05...........  9.1E+02...........  1.6E+04
70...............................  2.3E+03...........  3.9E+04...........  7.2E+03...........  1.3E+05...........  1.1E+03...........  1.8E+04
75...............................  2.5E+03...........  4.5E+04...........  8.6E+03...........  1.5E+05...........  1.2E+03...........  2.0E+04
80...............................  2.9E+03...........  5.0E+04...........  1.0E+04...........  1.8E+05...........  1.3E+03...........  2.3E+04
85...............................  3.3E+03...........  5.8E+04...........  1.2E+04...........  2.2E+05...........  1.4E+03...........  2.5E+04
90...............................  3.7E+03...........  6.6E+04...........  1.4E+04...........  2.5E+05...........  1.6E+03...........  2.9E+04
95...............................  4.2E+03...........  7.4E+04...........  1.7E+04...........  3.0E+05...........  1.8E+03...........  3.2E+04
100..............................  4.8E+03...........  8.4E+04...........  2.1E+04...........  3.6E+05...........  2.0E+03...........  3.5E+04
105..............................  5.3E+03...........  9.2E+04...........  2.4E+04...........  4.3E+05...........  2.3E+03...........  3.9E+04
110..............................  6.2E+03...........  1.1E+05...........  2.9E+04...........  5.1E+05...........  2.5E+03...........  4.5E+04
115..............................  7.2E+03...........  1.3E+05...........  3.5E+04...........  6.1E+05...........  2.8E+03...........  5.0E+04
120..............................  8.2E+03...........  1.4E+05...........  4.1E+04...........  7.2E+05...........  3.2E+03...........  5.6E+04
--------------------------------------------------------------------------------------------------------------------------------------------------------


[56 FR 32691, July 17, 1991, as amended at 71 FR 40277, July 14, 2006]



       Sec. Appendix IV to Part 266--Reference Air Concentrations*

------------------------------------------------------------------------
                                                                 RAC (ug/
                    Constituent                       CAS No.     m\3\)
------------------------------------------------------------------------
Acetaldehyde......................................      75-07-0       10
Acetonitrile......................................      75-05-8       10
Acetophenone......................................      98-86-2      100
Acrolein..........................................     107-02-8       20
Aldicarb..........................................     116-06-3        1
Aluminum Phosphide................................   20859-73-8      0.3
Allyl Alcohol.....................................     107-18-6        5
Antimony..........................................    7440-36-0      0.3
Barium............................................    7440-39-3       50
Barium Cyanide....................................     542-62-1       50
Bromomethane......................................      74-83-9      0.8
Calcium Cyanide...................................     592-01-8       30
Carbon Disulfide..................................      75-15-0      200
Chloral...........................................      75-87-6        2
Chlorine (free)...................................  ...........      0.4
2-Chloro-1,3-butadiene............................     126-99-8        3
Chromium III......................................   16065-83-1     1000
Copper Cyanide....................................     544-92-3        5
Cresols...........................................    1319-77-3       50
Cumene............................................      98-82-8        1
Cyanide (free)....................................     57-12-15       20
Cyanogen..........................................     460-19-5       30
Cyanogen Bromide..................................     506-68-3       80
Di-n-butyl Phthalate..............................      84-74-2      100
o-Dichlorobenzene.................................      95-50-1       10
p-Dichlorobenzene.................................     106-46-7       10
Dichlorodifluoromethane...........................      75-71-8      200
2,4-Dichlorophenol................................     120-83-2        3
Diethyl Phthalate.................................      84-66-2      800
Dimethoate........................................      60-51-5      0.8
2,4-Dinitrophenol.................................      51-28-5        2
Dinoseb...........................................      88-85-7      0.9
Diphenylamine.....................................     122-39-4       20
Endosulfan........................................     115-29-1     0.05
Endrin............................................      72-20-8      0.3
Fluorine..........................................    7782-41-4       50
Formic Acid.......................................      64-18-6     2000
Glycidyaldehyde...................................     765-34-4      0.3
Hexachlorocyclopentadiene.........................      77-47-4        5
Hexachlorophene...................................      70-30-4      0.3
Hydrocyanic Acid..................................      74-90-8       20
Hydrogen Chloride.................................    7647-01-1        7
Hydrogen Sulfide..................................    7783-06-4        3
Isobutyl Alcohol..................................      78-83-1      300
Lead..............................................    7439-92-1     0.09
Maleic Anhydride..................................     108-31-6      100
Mercury...........................................    7439-97-6      0.3
Methacrylonitrile.................................     126-98-7      0.1
Methomyl..........................................   16752-77-5       20
  ................................................

[[Page 65]]

 
Methoxychlor......................................      72-43-5       50
Methyl Chlorocarbonate............................      79-22-1     1000
Methyl Ethyl Ketone...............................      78-93-3       80
Methyl Parathion..................................     298-00-0      0.3
Nickel Cyanide....................................     557-19-7       20
Nitric Oxide......................................   10102-43-9      100
Nitrobenzene......................................      98-95-3      0.8
Pentachlorobenzene................................     608-93-5      0.8
Pentachlorophenol.................................      87-86-5       30
Phenol............................................     108-95-2       30
M-Phenylenediamine................................     108-45-2        5
Phenylmercuric Acetate............................      62-38-4    0.075
Phosphine.........................................    7803-51-2      0.3
Phthalic Anhydride................................      85-44-9     2000
Potassium Cyanide.................................     151-50-8       50
Potassium Silver Cyanide..........................     506-61-6      200
Pyridine..........................................     110-86-1        1
Selenious Acid....................................    7783-60-8        3
Selenourea........................................     630-10-4        5
Silver............................................    7440-22-4        3
Silver Cyanide....................................     506-64-9      100
Sodium Cyanide....................................     143-33-9       30
Strychnine........................................      57-24-9      0.3
1,2,4,5-Tetrachlorobenzene........................      95-94-3      0.3
2,3,4,6-Tetrachlorophenol.........................      58-90-2       30
Tetraethyl Lead...................................      78-00-2   0.0001
Tetrahydrofuran...................................     109-99-9       10
Thallic Oxide.....................................    1314-32-5      0.3
Thallium..........................................    7440-28-0      0.5
Thallium (I) Acetate..............................     563-68-8      0.5
Thallium (I) Carbonate............................    6533-73-9      0.3
Thallium (I) Chloride.............................    7791-12-0      0.3
Thallium (I) Nitrate..............................   10102-45-1      0.5
Thallium Selenite.................................   12039-52-0      0.5
Thallium (I) Sulfate..............................    7446-18-6    0.075
Thiram............................................     137-26-8        5
Toluene...........................................     108-88-3      300
1,2,4-Trichlorobenzene............................     120-82-1       20
Trichloromonofluoromethane........................      75-69-4      300
2,4,5-Trichlorophenol.............................      95-95-4      100
Vanadium Pentoxide................................    1314-62-1       20
Warfarin..........................................      81-81-2      0.3
Xylenes...........................................    1330-20-7       80
Zinc Cyanide......................................     557-21-1       50
Zinc Phosphide....................................    1314-84-7      0.3
------------------------------------------------------------------------
*The RAC for other appendix VIII part 261 constituents not listed herein
  or in appendix V of this part is 0.1 ug/m\3\.


[56 FR 7232, Feb. 21, 1991; 56 FR 32691, July 17, 1991, as amended at 71 
FR 40277, July 14, 2006]



   Sec. Appendix V to Part 266--Risk Specific Doses (10-5)

----------------------------------------------------------------------------------------------------------------
                                                                                     Unit risk     RsD (microg/
                            Constituent                                CAS No.     (m\3\/microg)       m\3\)
----------------------------------------------------------------------------------------------------------------
Acrylamide.........................................................      79-06-1         1.3E-03         7.7E-03
Acrylonitrile......................................................     107-13-1         6.8E-05         1.5E-01
Aldrin.............................................................     309-00-2         4.9E-03         2.0E-03
Aniline............................................................      62-53-3         7.4E-06         1.4E+00
Arsenic............................................................    7440-38-2         4.3E-03         2.3E-03
Benz(a)anthracene..................................................      56-55-3         8.9E-04         1.1E-02
Benzene............................................................      71-43-2         8.3E-06         1.2E+00
Benzidine..........................................................      92-87-5         6.7E-02         1.5E-04
Benzo(a)pyrene.....................................................      50-32-8         3.3E-03         3.0E-03
Beryllium..........................................................    7440-41-7         2.4E-03         4.2E-03
Bis(2-chloroethyl)ether............................................     111-44-4         3.3E-04         3.0E-02
Bis(chloromethyl)ether.............................................     542-88-1         6.2E-02         1.6E-04
Bis(2-ethylhexyl)-phthalate........................................     117-81-7         2.4E-07         4.2E+01
1,3-Butadiene......................................................     106-99-0         2.8E-04         3.6E-02
Cadmium............................................................    7440-43-9         1.8E-03         5.6E-03
Carbon Tetrachloride...............................................      56-23-5         1.5E-05         6.7E-01
Chlordane..........................................................      57-74-9         3.7E-04         2.7E-02
Chloroform.........................................................      67-66-3         2.3E-05         4.3E-01
Chloromethane......................................................      74-87-3         3.6E-06         2.8E+00
Chromium VI........................................................    7440-47-3         1.2E-02         8.3E-04
DDT................................................................      50-29-3         9.7E-05         1.0E-01
Dibenz(a,h)anthracene..............................................      53-70-3         1.4E-02         7.1E-04
1,2-Dibromo-3-chloropropane........................................      96-12-8         6.3E-03         1.6E-03
1,2-Dibromoethane..................................................     106-93-4         2.2E-04         4.5E-02
1,1-Dichloroethane.................................................      75-34-3         2.6E-05         3.8E-01
1,2-Dichloroethane.................................................     107-06-2         2.6E-05         3.8E-01
1,1-Dichloroethylene...............................................      75-35-4         5.0E-05         2.0E-01
1,3-Dichloropropene................................................     542-75-6         3.5E-01         2.9E-05
Dieldrin...........................................................      60-57-1         4.6E-03         2.2E-03
Diethylstilbestrol.................................................      56-53-1         1.4E-01         7.1E-05
Dimethylnitrosamine................................................      62-75-9         1.4E-02         7.1E-04
2,4-Dinitrotoluene.................................................     121-14-2         8.8E-05         1.1E-01
1,2-Diphenylhydrazine..............................................     122-66-7         2.2E-04         4.5E-02
1,4-Dioxane........................................................     123-91-1         1.4E-06         7.1E+00
Epichlorohydrin....................................................     106-89-8         1.2E-06         8.3E+00
Ethylene Oxide.....................................................      75-21-8         1.0E-04         1.0E-01
Ethylene Dibromide.................................................     106-93-4         2.2E-04         4.5E-02
Formaldehyde.......................................................      50-00-0         1.3E-05         7.7E-01
Heptachlor.........................................................      76-44-8         1.3E-03         7.7E-03
Heptachlor Epoxide.................................................    1024-57-3         2.6E-03         3.8E-03
  .................................................................

[[Page 66]]

 
Hexachlorobenzene..................................................     118-74-1         4.9E-04         2.0E-02
Hexachlorobutadiene................................................      87-68-3         2.0E-05         5.0E-01
Alpha-hexachloro-cyclohexane.......................................     319-84-6         1.8E-03         5.6E-03
Beta-hexachloro-cyclohexane........................................     319-85-7         5.3E-04         1.9E-02
Gamma-hexachloro-cyclohexane.......................................      58-89-9         3.8E-04         2.6E-02
Hexachlorocyclo-hexane, Technical..................................  ...........         5.1E-04         2.0E-02
Hexachlorodibenzo-p-dioxin(1,2 Mixture)............................  ...........          1.3E+0         7.7E-06
Hexachloroethane...................................................      67-72-1         4.0E-06         2.5E+00
Hydrazine..........................................................     302-01-2         2.9E-03         3.4E-03
Hydrazine Sulfate..................................................     302-01-2         2.9E-03         3.4E-03
3-Methylcholanthrene...............................................      56-49-5         2.7E-03         3.7E-03
Methyl Hydrazine...................................................      60-34-4         3.1E-04         3.2E-02
Methylene Chloride.................................................      75-09-2         4.1E-06         2.4E+00
4,4'-Methylene-bis-2-chloroaniline.................................     101-14-4         4.7E-05         2.1E-01
Nickel.............................................................    7440-02-0         2.4E-04         4.2E-02
Nickel Refinery Dust...............................................    7440-02-0         2.4E-04         4.2E-02
Nickel Subsulfide..................................................   12035-72-2         4.8E-04         2.1E-02
2-Nitropropane.....................................................      79-46-9         2.7E-02         3.7E-04
N-Nitroso-n-butylamine.............................................     924-16-3         1.6E-03         6.3E-03
N-Nitroso-n-methylurea.............................................     684-93-5         8.6E-02         1.2E-04
N-Nitrosodiethylamine..............................................      55-18-5         4.3E-02         2.3E-04
N-Nitrosopyrrolidine...............................................     930-55-2         6.1E-04         1.6E-02
Pentachloronitrobenzene............................................      82-68-8         7.3E-05         1.4E-01
PCBs...............................................................    1336-36-3         1.2E-03         8.3E-03
Pronamide..........................................................   23950-58-5         4.6E-06         2.2E+00
Reserpine..........................................................      50-55-5         3.0E-03         3.3E-03
2,3,7,8-Tetrachloro-dibenzo-p-dioxin...............................    1746-01-6         4.5E+01         2.2E-07
1,1,2,2-Tetrachloroethane..........................................      79-34-5         5.8E-05         1.7E-01
Tetrachloroethylene................................................     127-18-4         4.8E-07         2.1E+01
Thiourea...........................................................      62-56-6         5.5E-04         1.8E-02
1,1,2-Trichloroethane..............................................      79-00-5         1.6E-05         6.3E-01
Trichloroethylene..................................................      79-01-6         1.3E-06         7.7E+00
2,4,6-Trichlorophenol..............................................      88-06-2         5.7E-06         1.8E+00
Toxaphene..........................................................    8001-35-2         3.2E-04         3.1E-02
Vinyl Chloride.....................................................      75-01-4         7.1E-06         1.4E+00
----------------------------------------------------------------------------------------------------------------


[56 FR 7232, Feb. 21, 1991, as amended at 71 FR 40277, July 14, 2006]



             Sec. Appendix VI to Part 266--Stack Plume Rise

                                  [Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate and Gas Temperature]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Exhaust Temperature (K[deg])
             Flow rate (m\3\/s)              -----------------------------------------------------------------------------------------------------------
                                               <325   325-349  350-399  400-449  450-499  500-599  600-699  700-799  800-999  1000-1499  1499
--------------------------------------------------------------------------------------------------------------------------------------------------------
<0.5........................................       0        0        0        0        0        0        0        0        0         0             0
0.5-0.9.....................................       0        0        0        0        0        0        0        0        1         1             1
1.0-1.9.....................................       0        0        0        0        1        1        2        3        3         3             4
2.0-2.9.....................................       0        0        1        3        4        4        6        6        7         8             9
3.0-3.9.....................................       0        1        2        5        6        7        9       10       11        12            13
4.0-4.9.....................................       1        2        4        6        8       10       12       13       14        15            17
5.0-7.4.....................................       2        3        5        8       10       12       14       16       17        19            21
7.5-9.9.....................................       3        5        8       12       15       17       20       22       22        23            24
10.0-12.4...................................       4        6       10       15       19       21       23       24       25        26            27
12.5-14.9...................................       4        7       12       18       22       23       25       26       27        28            29
15.0-19.9...................................       5        8       13       20       23       24       26       27       28        29            31
20.0-24.9...................................       6       10       17       23       25       27       29       30       31        32            34
25.0-29.9...................................       7       12       20       25       27       29       31       32       33        35            36
30.0-34.9...................................       8       14       22       26       29       31       33       35       36        37            39
35.0-39.9...................................       9       16       23       28       30       32       35       36       37        39            41
40.0-49.9...................................      10       17       24       29       32       34       36       38       39        41            42
50.0-59.9...................................      12       21       26       31       34       36       39       41       42        44            46
60.0-69.9...................................      14       22       27       33       36       39       42       43       45        47            49
70.0-79.9...................................      16       23       29       35       38       41       44       46       47        49            51
80.0-89.9...................................      17       25       30       36       40       42       46       48       49        51            54
90.0-99.9...................................      19       26       31       38       42       44       48       50       51        53            56
100.0-119.9.................................      21       26       32       39       43       46       49       52       53        55            58
120.0-139.9.................................      22       28       35       42       46       49       52       55       56        59            61
140.0-159.9.................................      23       30       36       44       48       51       55       58       59        62            65
160.0-179.9.................................      25       31       38       46       50       54       58       60       62        65            67
180.0-199.9.................................      26       32       40       48       52       56       60       63       65        67            70
  ..........................................

[[Page 67]]

 
199.9............................      26       33       41       49       54       58       62       65       67        69            73
--------------------------------------------------------------------------------------------------------------------------------------------------------


[56 FR 7233, Feb. 21, 1991, as amended at 71 FR 40277, July 14, 2006]



  Sec. Appendix VII to Part 266--Health-Based Limits for Exclusion of 
                         Waste-Derived Residues*

                Metals--TCLP Extract Concentration Limits
------------------------------------------------------------------------
                                                    Concentration limits
             Constituent                CAS No.            (mg/L)
------------------------------------------------------------------------
Antimony............................    7440-36-0  1xE+00
Arsenic.............................    7440-38-2  5xE+00
Barium..............................    7440-39-3  1xE+02
Beryllium...........................    7440-41-7  7xE-03
Cadmium.............................    7440-43-9  1xE+00
Chromium............................    7440-47-3  5xE+00
Lead................................    7439-92-1  5xE+00
Mercury.............................    7439-97-6  2xE-01
Nickel..............................    7440-02-0  7xE+01
Selenium............................    7782-49-2  1xE+00
Silver..............................    7440-22-4  5xE+00
Thallium............................    7440-28-0  7xE+00
------------------------------------------------------------------------


                 Nonmetals--Residue Concentration Limits
------------------------------------------------------------------------
                                                    Concentration limits
             Constituent                CAS No.     for residues (mg/kg)
------------------------------------------------------------------------
Acetonitrile........................      75-05-8  2xE-01
Acetophenone........................      98-86-2  4xE+00
Acrolein............................     107-02-8  5xE-01
Acrylamide..........................      79-06-1  2xE-04
Acrylonitrile.......................     107-13-1  7xE-04
Aldrin..............................     309-00-2  2xE-05
Allyl alcohol.......................     107-18-6  2xE-01
Aluminum phosphide..................   20859-73-8  1xE-02
Aniline.............................      62-53-3  6xE-02
Barium cyanide......................     542-62-1  1xE+00
Benz(a)anthracene...................      56-55-3  1xE-04
Benzene.............................      71-43-2  5xE-03
Benzidine...........................      92-87-5  1xE-06
Bis(2-chloroethyl) ether............     111-44-4  3xE-04
Bis(chloromethyl) ether.............     542-88-1  2xE-06
Bis(2-ethylhexyl) phthalate.........     117-81-7  3xE+01
Bromoform...........................      75-25-2  7xE-01
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
  ..................................

[[Page 68]]

 
Reserpine...........................      50-55-5  3xE-05
Selenourea..........................     630-10-4  2xE-01
Silver cyanide......................     506-64-9  4xE+00
Sodium cyanide......................     143-33-9  1xE+00
Strychnine..........................      57-24-9  1xE-02
1,2,4,5-Tetrachlorobenzene..........      95-94-3  1xE-02
1,1,2,2-tetrachloroethane...........      79-34-5  2xE-03
Tetrachloroethylene.................     127-18-4  7xE-01
2,3,4,6-Tetrachlorophenol...........      58-90-2  1xE-02
Tetraethyl lead.....................      78-00-2  4xE-06
Thiourea............................      62-56-6  2xE-04
Toluene.............................     108-88-3  1xE+01
Toxaphene...........................    8001-35-2  5xE-03
1,1,2-Trichloroethane...............      79-00-5  6xE-03
Trichloroethylene...................      79-01-6  5xE-03
Trichloromonofluoromethane..........      75-69-4  1xE+01
2,4,5-Trichlorophenol...............      95-95-4  4xE+00
2,4,6-Trichlorophenol...............      88-06-2  4xE+00
Vanadium pentoxide..................    1314-62-1  7xE-01
Vinyl chloride......................      75-01-4  2xE-03
------------------------------------------------------------------------

    * Note 1: The health-based concentration limits for appendix VIII 
part 261 constituents for which a health-based concentration is not 
provided below is 2xE-06 mg/kg.
    Note 2: The levels specified in this appendix and the default level 
of 0.002 micrograms per kilogram or the level of detection for 
constituents as identified in Note 1 of this appendix are 
administratively stayed under the condition, for those constituents 
specified in Sec. 266.112(b)(1), that the owner or operator complies 
with alternative levels defined as the land disposal restriction limits 
specified in Sec. 268.43 of this chapter for FO39 nonwastewaters. See 
Sec. 266.112(b)(2)(i).

[56 FR 7234, Feb. 21, 1991; 56 FR 32691, July 17, 1991, as amended at 58 
FR 59603, Nov. 9, 1993]



  Sec. Appendix VIII to Part 266--Organic Compounds for Which Residues 
                            Must Be Analyzed

------------------------------------------------------------------------
                 Volatiles                          Semivolatiles
------------------------------------------------------------------------
Benzene...................................  Bis(2-ethylhexyl)phthalate
Toluene...................................  Naphthalene
Carbon tetrachloride......................  Phenol
Chloroform................................  Diethyl phthalate
Methylene chloride........................  Butyl benzyl phthalate
Trichloroethylene.........................  2,4-Dimethylphenol
Tetra chloroethylene......................  o-Dichlorobenzene
1,1,1-Trichloroethane.....................  m-Dichlorobenzene
Chlorobenzene.............................  p-Dichlorobenzene
cis-1,4-Dichloro-2-butene.................  Hexachlorobenzene
Bromochloromethane........................  2,4,6-Trichlorophenol
Bromodichloromethane......................  Fluoranthene
Bromoform.................................  o-Nitrophenol
Bromomethane..............................  1,2,4-Trichlorobenzene
Methylene bromide.........................  o-Chlorophenol
Methyl ethyl ketone.......................  Pentachlorophenol
                                            Pyrene
                                            Dimethyl phthalate
                                            Mononitrobenzene
                                            2,6-Toluene diisocyanate
                                            Polychlorinated dibenzo-p-
                                             dioxins \1\
                                            Polychlorinated dibenzo-
                                             furans \1\
------------------------------------------------------------------------
\1\ Analyses for polychlorinated dibenzo-p-dioxins and polychlorinated
  dibenzo-furans are required only for residues collected from areas
  downstream of the combustion chamber (e.g., ductwork, boiler tubes,
  heat exchange surfaces, air pollution control devices, etc.).

    Note to the table: Analysis is not required for those compounds that 
do not have an established F039 nonwastewater concentration limit.

[64 FR 53076, Sept. 30, 1999, as amended at 64 FR 63213, Nov. 19, 1999; 
71 FR 40277, July 14, 2006]



Sec. Appendix IX to Part 266--Methods Manual for Compliance With the BIF 
                               Regulations

       Burning Hazardous Waste in Boilers and Industrial Furnaces

                            Table of Contents

1.0 Introduction
2.0 Performance Specifications for Continuous Emission Monitoring 
          Systems
2.1 Performance Specifications for Continuous Emission Monitoring of 
          Carbon Monoxide and Oxygen for Incinerators, Boilers, and 
          industrial Furnaces Burning Hazardous Waste
2.2 Performance Specifications for Continuous Emission Monitoring of 
          Hydrocarbons for Incinerators, Boilers, and Industrial 
          Furnaces
3.0 Sampling and Analytical Methods
4.0 Procedure for Estimating the Toxicity Equivalence of Chlorinated 
          Dibenzo-P-Dioxin and Dibenzofuran Congeners
5.0 Hazardous Waste Combustion Air Quality Screening Procedure
6.0 Simplified Land Use Classification Procedure for Compliance With 
          Tier I and Tier II Limits
7.0 Statistical Methodology for Bevill Residue Determinations
8.0 Procedures for Determining Default Values for Air Pollution Control 
          System Removal Efficiencies
8.1 APCS RE Default Values for Metals
8.2 APCS RE Default Values for HC1 and C12
8.3 APCS RE Default Values for Ash
8.4 References
9.0 Procedures for Determining Default Values for Partitioning of 
          Metals, Ash, and Total Chloride/Chlorine
9.1 Partitioning Default Value for Metals
      

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9.2 Special Procedures for Chlorine, HCl, and Cl2,
9.3 Special Procedures for Ash
9.4 Use of Engineering Judgement to Estimate Partitioning and APCS RE 
          Values
9.5 Restrictions on Use of Test Data
10.0 Alternate Methodology for Implementing Metals Controls
10.1 Applicability
10.2 Introduction
10.3 Basis
10.4 Overview
10.5 Implementation Procedures
10.6 Precompliance Procedures
Appendix A--Statistics

                        Section 1.0 Introduction

    This document presents required methods for demonstrating compliance 
with U.S. Environmental Protection Agency regulations for boilers and 
industrial furnaces (BIFs) burning hazardous waste (see 40 CFR part 266, 
subpart H). The methods included in this document are:
    1. Performance Specifications for Continuous Emission Monitoring 
(CEM) of Carbon Monoxide, Oxygen, and Hydrocarbons in Stack Gases.
    2. Procedures for Estimating the Toxicity Equivalency of Chlorinated 
Dibenzo-p-dioxin and Dibenzofuran Congeners.
    3. Hazardous Waste Combustion Air Quality Screening Procedures 
(HWCAQSP).
    4. Simplified Land Use Classification Procedure for Compliance with 
Tier I and Tier II Limits.
    5. Statistical Methodology for Bevill Residue Determinations.
    6. Procedures for Determining Default Values for Air Pollution 
Control System Removal Efficiencies.
    7. Procedures for Determining Default Values for Partitioning of 
Metals, Ash, and Total Chloride/Chlorine.
    8. Alternate Methodology for Implementing Metals Controls.
    a. Sampling and analytical methods for multiple metals, hexavalent 
chromium, HCl and chlorine, polychlorinated dibenzo-p-dioxins and 
dibenzofurans, and aldehydes and ketones can be found in ``Test Methods 
for Evaluating Solid Wastes, Physical/Chemical Methods'' (EPA 
Publication SW-846). Additional methods referenced in subpart H of part 
266 but not included in this document can be found in 40 CFR parts 60 
and 61, and SW-846.
    b. The CEM performance specifications of section 2.0, the relevant 
sampling Methods 0011, 0023A, 0050, 0051, 0060, and 0061 of SW-846, 
incorporated by reference in Sec. 260.11, and the toxicity equivalency 
procedure for dioxins and furans of section 4.0 are required procedures 
for determining compliance with BIF regulations. For the determination 
of chloride from HCl/Cl2 emission sampling train, you must 
use appropriate methods. For the determination of carbonyl compounds by 
high-performance liquid chromatography, you must use appropriate 
methods. The CEM performance specifications are interim. The finalized 
CEM performance specifications will be published in 40 CFR parts 60 and 
61.

     Section 2.0 Performance Specifications for Continuous Emission 
                           Monitoring Systems

  2.1 Performance Specifications for Continuous Emission Monitoring of 
  Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial 
                    Furnaces Burning Hazardous Waste

                    2.1.1 Applicability and Principle

    2.1.1.1 Applicability. These performance specifications apply to 
carbon monoxide (CO) and oxygen (O2) continuous emission 
monitoring systems (CEMSs) installed on incinerators, boilers, and 
industrial furnaces burning hazardous waste. The specifications include 
procedures which are intended to be used to evaluate the acceptability 
of the CEMS at the time of its installation or whenever specified in 
regulations or permits. The procedures are not designed to evaluate CEMS 
performance over an extended period of time. The source owner or 
operator is responsible for the proper calibration, maintenance, and 
operation of the CEMS at all times.
    2.1.1.2 Principle. Installation and measurement location 
specifications, performance and equipment specifications, test and data 
reduction procedures, and brief quality assurance guidelines are 
included in the specifications. Calibration drift, relative accuracy, 
calibration error, and response time tests are conducted to determine 
conformance of the CEMS with the specifications.

                            2.1.2 Definitions

    2.1.2.1 Continuous Emission Monitoring System (CEMS). A continuous 
monitor is one in which the sample to be analyzed passes the measurement 
section of the analyzer without interruption, and which evaluates the 
detector response to the sample at least once each 15 seconds and 
computes and records the results at least every 60 seconds. A CEMS 
consists of all the equipment used to acquire data and includes the 
sample extraction and transport hardware, the analyzer(s), and the data 
recording/processing hardware and software.
    2.1.2.2 Monitoring System Types. The specifications require CEMSs 
capable of accepting calibration gases. Alternative system designs may 
be used if approved by the Regional Administrator. There are two basic 
types of monitoring systems: extractive and in-situ.
      

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    2.1.2.2.1 Extractive. Systems that use a pump or other mechanical, 
pneumatic, or hydraulic means to draw a sample of the stack or flue gas 
and convey it to a remotely located analyzer.
    2.1.2.2.2 In-situ. Systems that perform an analysis without removing 
a sample from the stack. Point in-situ analyzers place the sensing or 
detecting element directly in the flue gas stream. Cross-stack in-situ 
analyzers measure the parameter of interest by placing a source beam on 
one side of the stack and the detector (in single-pass instruments) or a 
retroreflector (in double-pass instruments) on the other side, and 
measuring the parameter of interest (e.g., CO) by the attenuation of the 
beam by the gas in its path.
    2.1.2.3 Instrument Measurement Range. The difference between the 
minimum and maximum concentration that can be measured by a specific 
instrument. The minimum is often stated or assumed to be zero and the 
range expressed only as the maximum.
    2.1.2.4 Span or Span Value. Full scale instrument measurement range.
    2.1.2.5 Calibration Drift (CD). The difference in the CEMS output 
readings from the established reference value after a stated period of 
operation during which no unscheduled maintenance, repair, or adjustment 
takes place. A CD test is performed to demonstrate the stability of the 
CEMS calibration over time.
    2.1.2.6 Response Time. The time interval between the start of a step 
change in the system input (e.g., change of calibration gas) and the 
time when the data recorder displays 95 percent of the final value.
    2.1.2.7 Accuracy. A measure of agreement between a measured value 
and an accepted or true value, expressed as the percentage difference 
between the true and measured values relative to the true value. For 
these performance specifications, accuracy is checked by conducting a 
calibration error (CE) test and a relative accuracy (RA) test. Certain 
facilities, such as those using solid waste or batch-fed processes, may 
observe long periods of almost no CO emissions with brief, high-level CO 
emission spikes. These facilities, as well as facilities whose CO 
emissions never exceed 5-10 ppm, may need to be exempted from the RA 
requirement because the RA test procedure cannot ensure acquisition of 
meaningful test results under these conditions. An alternative procedure 
for accuracy determination is described in section 2.1.9.
    2.1.2.8 Calibration Error (CE). The difference between the 
concentration indicated by the CEMS and the known concentration of the 
cylinder gas. A CE test procedure is performed to document the accuracy 
and linearity of the monitoring equipment over the entire measurement 
range.
    2.1.2.9 Relative Accuracy (RA). A comparison of the CEMS response to 
a value measured by a performance test method (PTM). The RA test is used 
to validate the calibration technique and verify the ability of the CEMS 
to provide representative and accurate measurements.
    2.1.2.10 Performance Test Method (PTM). The sampling and analysis 
procedure used to obtain reference measurements for comparison to CEMS 
measurements. The applicable test methods are Method 10, 10A, or 10B 
(for the determination of CO) and Method 3 or 3A (for the determination 
of O2). These methods are found in 40 CFR part 60, appendix 
A.
    2.1.2.11 Performance Specification Test (PST) Period. The period 
during which CD, CE, response time, and RA tests are conducted.
    2.1.2.12 Centroidal Area. A concentric area that is geometrically 
similar to the stack or duct cross section and is no greater than 1 
percent of the stack or duct cross-sectional area.

       2.1.3 Installation and Measurement Location Specifications

    2.1.3.1 CEMS Installation and Measurement Locations. The CEMS shall 
be installed in a location in which measurements representative of the 
source's emissions can be obtained. The optimum location of the sample 
interface for the CEMS is determined by a number of factors, including 
ease of access for calibration and maintenance, the degree to which 
sample conditioning will be required, the degree to which it represents 
total emissions, and the degree to which it represents the combustion 
situation in the firebox. The location should be as free from in-leakage 
influences as possible and reasonably free from severe flow 
disturbances. The sample location should be at least two equivalent duct 
diameters downstream from the nearest control device, point of pollutant 
generation, or other point at which a change in the pollutant 
concentration or emission rate occurs and at least 0.5 diameter upstream 
from the exhaust or control device. The equivalent duct diameter is 
calculated as per 40 CFR part 60, appendix A, method 1, section 2.1. If 
these criteria are not achievable or if the location is otherwise less 
than optimum, the possibility of stratification should be checked as 
described in Section 2.1.3.3 to determine whether the location would 
cause failure of the relative accuracy test.
    2.1.3.1.1 For extractive or point in-situ CEMSs, the measurement 
point should be within or centrally located over the centroidal area of 
the stack or duct cross section.
    2.1.3.1.2 For cross-stack CEMSs, the effective measurement path 
should (1) have at least 70 percent of the path within the inner
      

[[Page 71]]

50 percent of the stack or duct cross-sectional area or (2) be centrally 
located over any part of the centroidal area.
    2.1.3.1.3 Both the CO and O2 monitors should be installed 
at the same general location. If this is not possible, they may be 
installed at different locations if the effluent gases at both sample 
locations are not stratified and there is no in-leakage of air between 
sampling locations.
    2.1.3.2 Performance Test Method (PTM) Measurement Location and 
Traverse Points.
    2.1.3.2.1 Select an accessible PTM measurement point at least two 
equivalent diameters downstream from the nearest control device, the 
point of CO generation, or other point at which a change in the CO 
concentration may occur, and at least a half equivalent diameter 
upstream from the effluent exhaust or control device. When pollutant 
concentration changes are due solely to diluent leakage (e.g., air 
heater leakages) and CO and O2 are simultaneously measured at 
the same location, one half diameter may be used in place of two 
equivalent diameters. The CEMS and PTM locations need not be the same.
    2.1.3.2.2 Select traverse points that ensure acquisition of 
representative samples over the stack or duct cross section. At a 
minimum, establish a measurement line that passes through the centroidal 
area in the direction of any expected stratification. If this line 
interferes with the CEMS measurements, displace the line up to 30 cm (or 
5 percent of the equivalent diameter of the cross section, whichever is 
less) from the centroidal area. Locate three traverse points at 17, 50, 
and 83 percent of the measurement line. If the measurement line is no 
longer than 2.4 meters and pollutant stratification is not expected, the 
tester may choose to locate the three traverse points on the line at 
0.4, 1.2, and 2.0 meters from the stack or duct wall. This option must 
not be used at a site located within eight equivalent diameters 
downstream of a flow disturbance. The tester may select other traverse 
points, provided that they can be shown to the satisfaction of the 
Administrator to provide a representative sample over the stack or duct 
cross-section. Conduct all necessary PTM tests within 3 cm of the 
selected traverse points. Sampling must not be performed within 3 cm of 
the duct or stack inner wall.
    2.1.3.3 Stratification Test Procedure. Stratification is defined as 
a difference in excess of 10 percent between the average concentration 
in the duct or stack and the concentration at any point more than 1.0 
meter from the duct or stack wall. To determine whether effluent 
stratification exists, a dual probe system should be used to determine 
the average effluent concentration while measurements at each traverse 
point are being made. One probe, located at the stack or duct centroid, 
is used as a stationary reference point to indicate the change in 
effluent concentration over time. The second probe is used for sampling 
at the traverse points specified in method 1, appendix A, 40 CFR part 
60. The monitoring system samples sequentially at the reference and 
traverse points throughout the testing period for five minutes at each 
point.

           2.1.4 CEMS Performance and Equipment Specifications

    Table 2.1-1 summarizes the performance specifications for the CEMSs. 
Two sets of standards for CO are given; one for low-range and another 
for high-range measurements. The high-range specifications relate to 
measurement and quantification of short duration high concentration 
peaks, while the low-range specifications relate to the overall average 
operating condition of the burning device. The dual-range specifications 
can be met by using (1) one analyzer for each range, (2) a dual range 
unit, or (3) a single measurement range instrument capable of meeting 
both specifications with a single unit. Adjustments cannot be made to 
the analyzer between determinations of low- and high-level accuracy 
within the single measurement range. In the second case, when the 
concentration exceeds the span of the lower range, the data acquisition 
system recorder shall switch to the high range automatically.
    2.1.4.1 CEMS Span Value. In order to measure high and low 
concentrations with the same or similar degree of accuracy, the maximum 
ranges (span values) are specified for low and high range analyzers. The 
span values are listed in Table 2.1-2. Tier I and Tier II format 
definitions are established in 40 CFR part 266, subpart H.

      Table 2.1-1--Performance Specifications of CO and O2 Monitors
------------------------------------------------------------------------
                                       CO monitors
          Parameter           -----------------------------  O2 monitors
                                 Low range     High range
------------------------------------------------------------------------
Calibration drift 24 hours...  <6 ppm \1\...  <90 ppm.....  <0.5% O2
Calibration error............  <10 ppm \1\..  <150 ppm....  <0.5% O2
Response time................  <2 min.......  <2 min......  <2 min
Relative accuracy \2\........  (\3\)........  (\3\).......  (incorporate
                                                             d in CO RA
                                                             calculation
                                                             )
------------------------------------------------------------------------
\1\ For Tier II, CD and CE are <3% and <5% or twice the permit limit,
  respectively.
\2\ Expressed as the sum of the mean absolute value plus the 95%
  confidence interval of a series of measurements.
\3\ The greater of 10% of PTM or 10 ppm.

      

[[Page 72]]



          Table 2.1-2--CEMS Span Values for CO and O2 Monitors
------------------------------------------------------------------------
                                          CO monitors
                                 -----------------------------     O2
                                                       High     monitors
                                   Low range (ppm)    range    (percent)
                                                      (ppm)
------------------------------------------------------------------------
Tier I rolling average format...  200.............      3,000         25
Tier II rolling average format..  2 x permit limit      3,000         25
------------------------------------------------------------------------

    2.1.4.2 Daily Calibration Gas Values. The owner or operator must 
choose calibration gas concentrations (or calibration filters for in-
situ systems) that include zero and high-level calibration values for 
the daily calibration checks. For a single measurement range monitor, 
three CO calibration gas concentrations (or calibration filters for in-
situ systems) shall be used, i.e., the zero and high-level 
concentrations of the low-range CO analyzer and the high-level 
concentration of the high-range CO analyzer.
    2.1.4.2.1 The zero level for the CO or O2 analyzer may be 
between zero and 20 percent of the span value, e.g., 0-40 ppm for low-
range CO analyzer, 0-600 ppm for the high-range CO analyzer, and 0-5 
percent for the O2 analyzer (for Tier I).
    2.1.4.2.2 The high-level concentration for the CO or O2 
analyzer shall be between 50 and 90 percent of the span value, i.e., 
100-180 ppm for the low-range CO analyzer, 1500-2700 ppm for the high-
range CO analyzer, and 12.5-22.5 percent O2 for the 
O2 analyzer.
    2.1.4.3 Data Recorder Scale. The strip chart recorder, computer, or 
digital recorder must be capable of recording all readings within the 
CEMS's measurement range and shall have a resolution of 0.5 percent of 
span value, i.e., 1 ppm CO for low-range CO analyzer, 15 ppm CO for 
high-range CO analyzer, and 0.1 percent O2 for the 
O2 analyzer.
    2.1.4.4 Response Time. The response time for the CO or O2 
monitor shall not exceed 2 minutes to achieve 95 percent of the final 
stable value.
    2.1.4.5 Calibration Drift. The CEMS must allow the determination of 
CD at the zero and high-level values. The CD must be determined 
separately for CO and O2 monitors in terms of concentration. 
The CO CEMS calibration response must not drift or deviate from the 
reference value of the calibration gas (or calibration filters for in-
situ systems) by more than 3 percent of the span value after each 24-
hour period of the 7-day test, i.e., 6 ppm CO for the low-range analyzer 
(Tier I) and 90 ppm for the high-range analyzer, at both zero and high 
levels. The O2 monitor calibration response must not drift or 
deviate from the reference value by more than 0.5 percent O2 
at both zero and high levels.
    2.1.4.6 Relative Accuracy. The result of the RA test of the CO CEMS 
(which incorporates the O2 monitor) must be no greater than 
10 percent of the mean value of the PTM results or must be within 10 ppm 
CO of the PTM results, whichever is less restrictive. The ppm CO 
concentration shall be corrected to 7 percent O2 before 
calculating the RA.
    2.1.4.7 Calibration Error. The mean difference between the CEMS and 
reference values at all three test points (see Table 2.1-3) must be no 
greater than 5 percent of span value for CO monitors (i.e., 10 ppm CO 
for low range Tier I CO analyzers and 150 ppm CO for high range CO 
analyzers) and 0.5 percent for O2 analyzers.
    2.1.4.8 Measurement and Recording Frequency. The sample to be 
analyzed shall pass through the measurement section of the analyzer 
without interruption. The detector shall measure the sample 
concentration at least once every 15 seconds. An average emission rate 
shall be computed and recorded at least once every 60 seconds.
    2.1.4.9 Hourly Rolling Average Calculation. The CEMS shall calculate 
every minute an hourly rolling average, which is the arithmetic mean of 
the 60 most recent 1-minute average values.
    2.1.4.10 Retest. If the CEMS produces results within the specified 
criteria, the test is successful. If the CEMS does not meet one or more 
of the criteria, the necessary corrections must be made and the 
performance tests repeated.

                           2.1.5 Test Periods

    2.1.5.1 Pretest Preparation Period. Install the CEMS, prepare the 
PTM test site according to the specifications in section 2.1.3, and 
prepare the CEMS for operation and calibration according to the 
manufacturer's written instructions. A pretest conditioning period 
similar to that of the 7-day CD test is recommended to verify the 
operational status of the CEMS.
    2.1.5.2 Calibration Drift Test Period. While the facility is 
operating under normal conditions, determine the CD at 24-hour intervals 
for seven consecutive days according to the procedure given in section 
2.1.6.1. All CD determinations must be made following a 24-hour period 
during which no unscheduled maintenance, repair, or adjustment takes 
place. If the combustion unit is taken out of service during the test 
period, record the onset and duration of the downtime and continue the 
calibration drift test when the unit resumes operation.
    2.1.5.3 Relative Accuracy Test Period. Conduct the RA test according 
to the procedure in section 2.1.6.4 while the facility is operating 
under normal conditions. RA testing for CO and O2 shall be 
conducted simultaneously so that the results can be calculated for CO 
corrected to 7 percent O2. The RA test
      

[[Page 73]]

shall be conducted during the CD test period. It is emphasized that 
during the CD test period, no adjustments or repairs may be made to the 
CEMS other than routine calibration adjustments performed immediately 
following the daily CD determination.
    2.1.5.4 Calibration Error Test and Response Time Test Periods. 
Conduct the CE and response time tests during the CD test period.

             2.1.6 Performance Specification Test Procedures

                     2.1.6.1 Calibration Drift Test.

    2.1.6.1.1 Sampling Strategy. Conduct the CD test for all monitors at 
24-hour intervals for seven consecutive days using calibration gases at 
the two (or three, if applicable) concentration levels specified in 
section 2.1.4.2. Introduce the calibration gases into the sampling 
system as close to the sampling probe outlet as practical. The gas shall 
pass through all filters, scrubbers, conditioners, and other CEMS 
components used during normal sampling. If periodic automatic or manual 
adjustments are made to the CEMS zero and calibration settings, conduct 
the CD test immediately before these adjustments, or conduct it in such 
a way that the CD can be determined. Record the CEMS response and 
subtract this value from the reference (calibration gas) value. To meet 
the specification, none of the differences shall exceed the limits 
specified in Table 2.1-1.
    2.1.6.1.2 Calculations. Summarize the results on a data sheet. An 
example is shown in Figure 2.1-1. Calculate the differences between the 
CEMS responses and the reference values.
    2.1.6.2 Response Time. Check the entire CEMS including sample 
extraction and transport, sample conditioning, gas analyses, and the 
data recording.
    2.1.6.2.1 Introduce zero gas into the system. For extractive 
systems, introduce the calibration gases at the probe as near to the 
sample location as possible. For in-situ system, introduce the zero gas 
at a point such that all components active in the analysis are tested. 
When the system output has stabilized (no change greater than 1 percent 
of full scale for 30 seconds), switch to monitor stack effluent and wait 
for a stable value. Record the time (upscale response time) required to 
reach 95 percent of the final stable value.
    2.1.6.2.2 Next, introduce a high-level calibration gas and repeat 
the above procedure. Repeat the entire procedure three times and 
determine the mean upscale and downscale response times. The longer of 
the two means is the system response time.

                2.1.6.3 Calibration Error Test Procedure.

    2.1.6.3.1 Sampling Strategy. Challenge each monitor (both low- and 
high-range CO and O2) with zero gas and EPA Protocol 1 
cylinder gases at three measurement points within the ranges specified 
in Table 2.1-3.

     Table 2.1-3--Calibration Error Concentration Ranges for Tier I
------------------------------------------------------------------------
                                              GAS Concentration Ranges
                                           -----------------------------
                                                  CO, ppm
             Measurement point             --------------------
                                              Low                  O2,
                                             range  High range   percent
                                              \1\
------------------------------------------------------------------------
1.........................................   0-40   0-600        0-2
2.........................................  60-80   900-1200    8-10
3.........................................  140-16  2100-2400   14-16
                                                0
------------------------------------------------------------------------
\1\ For Tier II, the CE specifications for the low-range CO CEMS are 0-
  20%, 30-40%, and 70-80% of twice the permit limit.

      

[[Page 74]]

[GRAPHIC] [TIFF OMITTED] TC06NO91.005

              Figure 2.1-1 Calibration Drift Determination
    2.1.6.3.1.1 If a single measurement range is used, the calibration 
gases used in the daily CD checks (if they are Protocol 1 cylinder gases 
and meet the criteria in section 2.1.6.3.1) may be used for determining 
CE.
    2.1.6.3.1.2 Operate each monitor in its normal sampling mode as 
nearly as possible. The calibration gas shall be injected into the 
sample system as close to the sampling probe outlet as practical and 
should pass 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

[[Page 75]]

tests. In these cases, PTM results obtained during CEMS RA tests may be 
used to determine compliance with incinerator emissions limits as long 
as the source and test conditions are consistent with the applicable 
regulations.
[GRAPHIC] [TIFF OMITTED] TC06NO91.006

              Figure 2.1-2 Calibration Error Determination

                   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

[[Page 76]]

be considered in correlating the data. Use the CEMS final output (the 
one used for reporting) to determine an integrated average CO 
concentration for each PTM test run. Confirm that the pair of results 
are on a consistent moisture and O2 concentration basis. Each 
integrated CEMS value should then be compared against the corresponding 
average PTM value. If the CO concentration measured by the CEMS is 
normalized to a specified diluent concentration, the PTM results shall 
be normalized to the same value.
    2.1.6.4.5 Calculations. Summarize the results on a data sheet. 
Calculate the mean of the PTM values and calculate the arithmetic 
differences between the PTM and the CEMS data sets. The mean of the 
differences, standard deviation, confidence coefficient, and CEMS RA 
should be calculated using Equations 1 through 4.

                             2.1.7 Equations

    2.1.7.1 Arithmetic Mean (d). Calculate d of the difference of a data 
set using Equation 1.
[GRAPHIC] [TIFF OMITTED] TC06NO91.007

where:

n=Number of data points.
[GRAPHIC] [TIFF OMITTED] TC06NO91.025

    When the mean of the differences of pairs of data is calculated, 
correct the data for moisture, if applicable.
    2.1.7.2 Standard Deviation (Sd). Calculate Sd 
using Equation 2.
[GRAPHIC] [TIFF OMITTED] TC06NO91.008

    2.1.7.3 Confidence Coefficient (CC). Calculate the 2.5 percent error 
CC (one-tailed) using Equation 3.
[GRAPHIC] [TIFF OMITTED] TC06NO91.009

where:

t0.975=t-value (see Table 2.1-4).

                          Table 2.1-4--t-Values
------------------------------------------------------------------------
                                               n             n
               n \a\                  t0.975  \a\   t0.975  \a\   t0.975
------------------------------------------------------------------------
2..................................   12.706    7    2.447   12    2.201
3..................................    4.303    8    2.365   13    2.179
4..................................    3.182    9    2.306   14    2.160
5..................................    2.776   10    2.662   15    2.145
6..................................    2.571   11    2.228   16   2.131
------------------------------------------------------------------------
\a\ The values in this table are already corrected for n-1 degrees of
  freedom. Use n equal to the number of individual values.

    2.1.7.4 Relative Accuracy. Calculate the RA of a set of data using 
Equation 4.
[GRAPHIC] [TIFF OMITTED] TC06NO91.010

where:

[verbar] d[verbar]=Absolute value of the mean of the differences 
(Equation 1).
[verbar] CC[verbar]=Absolute value of the confidence coefficient 
(Equation 3).
PTM=Average reference value.

    2.1.7.5 Calibration Error. Calculate CE using Equation 5.
    [GRAPHIC] [TIFF OMITTED] TC06NO91.011
    
where:

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

                             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

[[Page 77]]

also have successfully passed the CE and CD requirements of the 
performance specifications. Substitution of the alternative procedure 
requires approval of the Regional Administrator.

                      2.1.10 Quality Assurance (QA)

    Proper calibration, maintenance, and operation of the CEMS is the 
responsibility of the owner or operator. The owner or operator must 
establish a QA program to evaluate and monitor CEMS performance. As a 
minimum, the QA program must include:
    2.1.10.1 A daily calibration check for each monitor. The calibration 
must be adjusted if the check indicates the instrument's CD exceeds the 
specification established in section 2.1.4.5. The gases shall be 
injected as close to the probe as possible to provide a check of the 
entire sampling system. If an alternative calibration procedure is 
desired (e.g., direct injections or gas cells), subject to Administrator 
approval, the adequacy of this alternative procedure may be demonstrated 
during the initial 7-day CD test. Periodic comparisons of the two 
procedures are suggested.
    2.1.10.2 A daily system audit. The audit must include a review of 
the calibration check data, an inspection of the recording system, an 
inspection of the control panel warning lights, and an inspection of the 
sample transport and interface system (e.g., flowmeters, filters), as 
appropriate.
    2.1.10.3 A quarterly calibration error (CE) test. Quarterly RA tests 
may be substituted for the CE test when approved by the Director on a 
case-by-case basis.
    2.1.10.4 An annual performance specification test.

                            2.1.11 References

    1. Jahnke, James A. and G.J. Aldina, ``Handbook: Continuous Air 
Pollution Source Monitoring Systems,'' U.S. Environmental Protection 
Agency Technology Transfer, Cincinnati, Ohio 45268, EPA-625/6-79-005, 
June 1979.
    2. ``Gaseous Continuous Emissions Monitoring Systems-Performance 
Specification Guidelines for SO2, NOX, 
CO2, O2, and TRS.'' U.S. Environmental Protection 
Agency OAQPS, ESED, Research Triangle Park, North Carolina 27711, EPA-
450/3-82-026, October 1982.
    3. ``Quality Assurance Handbook for Air Pollution Measurement 
Systems: Volume I. Principles.'' U.S. Environmental Protection Agency 
ORD/EMSL, Research Triangle Park, North Carolina, 27711, EPA-600/9-76-
006, December 1984.
    4. Michie, Raymond, M. Jr., et. al., ``Performance Test Results and 
Comparative Data for Designated Reference Methods for Carbon Monoxide,'' 
U.S. Environmental Protection Agency ORD/EMSL, Research Triangle Park, 
North Carolina, 27711, EPA-600/S4-83-013, September 1982.
    5. Ferguson, B.B., R.E. Lester, and W.J. Mitchell, ``Field 
Evaluation of Carbon Monoxide and Hydrogen Sulfide Continuous Emission 
Monitors at an Oil Refinery,'' U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina, 27711, EPA-600/4-82-054, August 
1982.

  2.2 Performance Specifications for Continuous Emission Monitoring of 
Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning 
                             Hazardous Waste

                    2.2.1 Applicability and Principle

    2.2.1.1 Applicability. These performance specifications apply to 
hydrocarbon (HC) continuous emission monitoring systems (CEMSs) 
installed on incinerators, boilers, and industrial furnaces burning 
hazardous waste. The specifications include procedures which are 
intended to be used to evaluate the acceptability of the CEMS at the 
time of its installation or whenever specified in regulations or 
permits. The procedures are not designed to evaluate CEMS performance 
over an extended period of time. The source owner or operator is 
responsible for the proper calibration, maintenance, and operation of 
the CEMS at all times.
    2.2.1.2 Principle. A gas sample is extracted from the source through 
a heated sample line and heated filter (except as provided by section 
2.2.10) to a flame ionization 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

[[Page 78]]

of the measurement values. The data recorder may include automatic data 
reduction capabilities.
    2.2.2.2 Instrument Measurement Range. The difference between the 
minimum and maximum concentration that can be measured by a specific 
instrument. The minimum is often stated or assumed to be zero and the 
range expressed only as the maximum.
    2.2.2.3 Span or Span Value. Full scale instrument measurement range.
    2.2.2.4 Calibration Gas. A known concentration of a gas in an 
appropriate diluent gas.
    2.2.2.5 Calibration Drift (CD). The difference in the CEMS output 
readings from the established reference value after a stated period of 
operation during which no unscheduled maintenance, repair, or adjustment 
takes place. A CD test is performed to demonstrate the stability of the 
CEMS calibration over time.
    2.2.2.6 Response Time. The time interval between the start of a step 
change in the system input (e.g., change of calibration gas) and the 
time when the data recorder displays 95 percent of the final value.
    2.2.2.7 Accuracy. A measurement of agreement between a measured 
value and an accepted or true value, expressed as the percentage 
difference between the true and measured values relative to the true 
value. For these performance specifications, accuracy is checked by 
conducting a calibration error (CE) test.
    2.2.2.8 Calibration Error (CE). The difference between the 
concentration indicated by the CEMS and the known concentration of the 
cylinder gas. A CE test procedure is performed to document the accuracy 
and linearity of the monitoring equipment over the entire measurement 
range.
    2.2.2.9 Performance Specification Test (PST) Period. The period 
during which CD, CE, and response time tests are conducted.
    2.2.2.10 Centroidal Area. A concentric area that is geometrically 
similar to the stack or duct cross section and is no greater than 1 
percent of the stack or duct cross-sectional area.

       2.2.3 Installation and Measurement Location Specifications

    2.2.3.1 CEMS Installation and Measurement Locations. The CEMS shall 
be installed in a location in which measurements representative of the 
source's emissions can be obtained. The optimum location of the sample 
interface for the CEMS is determined by a number of factors, including 
ease of access for calibration and maintenance, the degree to which 
sample conditioning will be required, the degree to which it represents 
total emissions, and the degree to which it represents the combustion 
situation in the firebox. The location should be as free from in-leakage 
influences as possible and reasonably free from severe flow 
disturbances. The sample location should be at least two equivalent duct 
diameters downstream from the nearest control device, point of pollutant 
generation, or other point at which a change in the pollutant 
concentration or emission rate occurs and at least 0.5 diameter upstream 
from the exhaust or control device. The equivalent duct diameter is 
calculated as per 40 CFR part 60, appendix A, method 1, section 2.1. If 
these criteria are not achievable or if the location is otherwise less 
than optimum, the possibility of stratification should be investigated 
as described in section 2.2.3.2. The measurement point shall be within 
the centroidal area of the stack or duct cross section.
    2.2.3.2 Stratification Test Procedure. Stratification is defined as 
a difference in excess of 10 percent between the average concentration 
in the duct or stack and the concentration at any point more than 1.0 
meter from the duct or stack wall. To determine whether effluent 
stratification exists, a dual probe system should be used to determine 
the average effluent concentration while measurements at each traverse 
point are being made. One probe, located at the stack or duct centroid, 
is used as a stationary reference point to indicate the change in 
effluent concentration over time. The second probe is used for sampling 
at the traverse points specified in 40 CFR part 60 appendix A, method 1. 
The monitoring system samples sequentially at the reference and traverse 
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.

[[Page 79]]

    2.2.4.1.2 Sample Line. Stainless steel or Teflon tubing to transport 
the sample to the analyzer.

    Note: Mention of trade names or specific products does not 
constitute endorsement by the Environmental Protection Agency.

    2.2.4.1.3 Calibration Valve Assembly. A heated three-way valve 
assembly to direct the zero and calibration gases to the analyzer is 
recommended. Other methods, such as quick-connect lines, to route 
calibration gas to the analyzers are applicable.
    2.2.4.1.4 Particulate Filter. An in-stack or out-of-stack sintered 
stainless steel filter is recommended if exhaust gas particulate loading 
is significant. An out-of-stack filter must be heated.
    2.2.4.1.5 Fuel. The fuel specified by the manufacturer (e.g., 40 
percent hydrogen/60 percent helium, 40 percent hydrogen/60 percent 
nitrogen gas mixtures, or pure hydrogen) should be used.
    2.2.4.1.6 Zero Gas. High purity air with less than 0.1 parts per 
million by volume (ppm) HC as methane or carbon equivalent or less than 
0.1 percent of the span value, whichever is greater.
    2.2.4.1.7 Calibration Gases. Appropriate concentrations of propane 
gas (in air or nitrogen). Preparation of the calibration gases should be 
done according to the procedures in EPA Protocol 1. In addition, the 
manufacturer of the cylinder gas should provide a recommended shelf life 
for each calibration gas cylinder over which the concentration does not 
change by more than 2 percent from the certified 
value.
    2.2.4.2 CEMS Span Value. 100 ppm propane.
    2.2.4.3 Daily Calibration Gas Values. The owner or operator must 
choose calibration gas concentrations that include zero and high-level 
calibration values.
    2.2.4.3.1 The zero level may be between 0 and 20 ppm (zero and 20 
percent of the span value).
    2.2.4.3.2 The high-level concentration shall be between 50 and 90 
ppm (50 and 90 percent of the span value).
    2.2.4.4 Data Recorder Scale. The strip chart recorder, computer, or 
digital recorder must be capable of recording all readings within the 
CEMS's measurement range and shall have a resolution of 0.5 ppm (0.5 
percent of span value).
    2.2.4.5 Response Time. The response time for the CEMS must not 
exceed 2 minutes to achieve 95 percent of the final stable value.
    2.2.4.6 Calibration Drift. The CEMS must allow the determination of 
CD at the zero and high-level values. The CEMS calibration response must 
not differ by more than 3 ppm (3 percent of the span value) after each 24-hour period 
of the 7-day test at both zero and high levels.
    2.2.4.7 Calibration Error. The mean difference between the CEMS and 
reference values at all three test points listed below shall be no 
greater than 5 ppm (5 percent of the span value).
    2.2.4.7.1 Zero Level. Zero to 20 ppm (0 to 20 percent of span 
value).
    2.2.4.7.2 Mid-Level. 30 to 40 ppm (30 to 40 percent of span value).
    2.2.4.7.3 High-Level. 70 to 80 ppm (70 to 80 percent of span value).
    2.2.4.8 Measurement and Recording Frequency. The sample to be 
analyzed shall pass through the measurement section of the analyzer 
without interruption. The detector shall measure the sample 
concentration at least once every 15 seconds. An average emission rate 
shall be computed and recorded at least once every 60 seconds.
    2.2.4.9 Hourly Rolling Average Calculation. The CEMS shall calculate 
every minute an hourly rolling average, which is the arithmetic mean of 
the 60 most recent 1-minute average values.
    2.2.4.10 Retest. If the CEMS produces results within the specified 
criteria, the test is successful. If the CEMS does not meet one or more 
of the criteria, necessary corrections must be made and the performance 
tests repeated.

           2.2.5 Performance Specification Test (PST) Periods

    2.2.5.1 Pretest Preparation Period. Install the CEMS, prepare the 
PTM test site according to the specifications in section 2.2.3, and 
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

[[Page 80]]

two daily concentration levels specified in section 2.2.4.3. Introduce 
the two calibration gases into the sampling system as close to the 
sampling probe outlet as practical. The gas shall pass through all CEM 
components used during normal sampling. If periodic automatic or manual 
adjustments are made to the CEMS zero and calibration settings, conduct 
the CD test immediately before these adjustments, or conduct it in such 
a way that the CD can be determined. Record the CEMS response and 
subtract this value from the reference (calibration gas) value. To meet 
the specification, none of the differences shall exceed 3 ppm.
    2.2.6.1.2 Calculations. Summarize the results on a data sheet. An 
example is shown in Figure 2.2-1. Calculate the differences between the 
CEMS responses and the reference values.
    2.2.6.2 Response Time. The entire system including sample extraction 
and transport, sample conditioning, gas analyses, and the data recording 
is checked with this procedure.
    2.2.6.2.1 Introduce the calibration gases at the probe as near to 
the sample location as possible. Introduce the zero gas into the system. 
When the system output has stabilized (no change greater than 1 percent 
of full scale for 30 sec), switch to monitor stack effluent and wait for 
a stable value. Record the time (upscale response time) required to 
reach 95 percent of the final stable value.
    2.2.6.2.2 Next, introduce a high-level calibration gas and repeat 
the above procedure. Repeat the entire procedure three times and 
determine the mean upscale and downscale response times. The longer of 
the two means is the system response time.

                2.2.6.3 Calibration Error Test Procedure.

    2.2.6.3.1 Sampling Strategy. Challenge the CEMS with zero gas and 
EPA Protocol 1 cylinder gases at measurement points within the ranges 
specified in section 2.2.4.7.
    2.2.6.3.1.1 The daily calibration gases, if Protocol 1, may be used 
for this test.

[[Page 81]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.013


[[Page 82]]


[GRAPHIC] [TIFF OMITTED] TC01AU92.014


[[Page 83]]


[GRAPHIC] [TIFF OMITTED] TC01AU92.015

                      2.2.9 Quality Assurance (QA)

    Proper calibration, maintenance, and operation of the CEMS is the 
responsibility of the owner or operator. The owner or operator must 
establish a QA program to evaluate and monitor CEMS performance. As a 
minimum, the QA program must include:
    2.2.9.1 A daily calibration check for each monitor. The calibration 
must be adjusted if the check indicates the instrument's CD exceeds 3 
ppm. The gases shall be injected as close to the probe as possible to 
provide a check of the entire sampling system. If an alternative 
calibration procedure is desired (e.g., direct injections or gas cells), 
subject to Administrator approval, the adequacy of this alternative 
procedure may be demonstrated during the initial 7-day CD test. Periodic 
comparisons of the two procedures are suggested.
    2.2.9.2 A daily system audit. The audit must include a review of the 
calibration

[[Page 84]]

check data, an inspection of the recording system, an inspection of the 
control panel warning lights, and an inspection of the sample transport 
and interface system (e.g., flowmeters, filters), as appropriate.
    2.2.9.3 A quarterly CE test. Quarterly RA tests may be substituted 
for the CE test when approved by the Director on a case-by-case basis.
    2.2.9.4 An annual performance specification test.

                2.2.10 Alternative Measurement Technique

    The regulations allow gas conditioning systems to be used in 
conjunction with unheated HC CEMs during an interim period. This gas 
conditioning may include cooling to not less than 40 [deg]F and the use 
of condensate traps to reduce the moisture content of sample gas 
entering the FID to less than 2 percent. The gas conditioning system, 
however, must not allow the sample gas to bubble through the condensate 
as this would remove water soluble organic compounds. All components 
upstream of the conditioning system should be heated as described in 
section 2.2.4 to minimize operating and maintenance problems.

                            2.2.11 References

    1. Measurement of Volatile Organic Compounds-Guideline Series. U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina, 
27711, EPA-450/2-78-041, June 1978.
    2. Traceability Protocol for Establishing True Concentrations of 
Gases Used for Calibration and Audits of Continuous Source Emission 
Monitors (Protocol No. 1). U.S. Environmental Protection Agency ORD/
EMSL, Research Triangle Park, North Carolina, 27711, June 1978.
    3. Gasoline Vapor Emission Laboratory Evaluation-Part 2. U.S. 
Environmental Protection Agency, OAQPS, Research Triangle Park, North 
Carolina, 27711, EMB Report No. 76-GAS-6, August 1975.

               Section 3.0 Sampling and Analytical Methods

    Note: The sampling and analytical methods to the BIF manual are 
published in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846.

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

    PCDDs and PCDFs must be determined using whichever is the most 
recent version between of SW-846 Method 0023A (incorporated by 
reference, in Sec. 260.11) as identified, or OAQPS Method 23 of 
appendix A to part 60. In this method, individual congeners or 
homologues \1\ are measured and then summed to yield a total PCDD/PCDF 
value. No toxicity factors are specified in the method to compute risks 
from such emissions.
---------------------------------------------------------------------------

    \1\ The term ``congener'' refers to any one particular member of the 
same chemical family; e.g., there are 75 congeners of chlorinated 
dibenzo-p-dioxins. The term ``homologue'' refers to a group of 
structurally related chemicals that have the same degree of 
chlorination. For example, there are eight homologues of CDs, 
monochlorinated through octachlorinated. Dibenzo-p-dioxins and 
dibenzofurans that are chlorinated at the 2,3,7, and 8 positions are 
denoted as ``2378'' congeners, except when 2,3,7,8-TCDD is uniquely 
referred to: e.g., 1,2,3,7,8-PeCDF and 2,3,4,7,8-PeCDF are both referred 
to as ``2378-PeCDFs.''
---------------------------------------------------------------------------

    For the purpose of estimating risks posed by emissions from boilers 
and industrial furnaces, however, specific congeners and homologues must 
be measured using the specified method and then multiplied by the 
assigned toxicity equivalence factors (TEFs), using procedures described 
in ``Interim Procedures for Estimating Risks Associated with Exposures 
to Mixtures of Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (CDDs and 
CDFs) and 1989 Update,'' EPA/625/3-89/016, March 1989. The resulting 
2,3,7,8-TCDD equivalents value is used in the subsequent risk 
calculations and modeling efforts as discussed in the BIF final rule.
    The procedure for calculating the 2,3,7,8-TCDD equivalent is as 
follows:
    1. Using method 23, determine the concentrations of 2,7,3,8-
congeners of various PCDDs and PCDFs in the sample.
    2. Multiply the congener concentrations in the sample by the TEF 
listed in Table 4.0-1 to express the congener concentrations in terms of 
2,3,7,8-TCDD equivalent. Note that congeners not chlorinated at 2,3,7, 
and 8 positions have a zero toxicity factor in this table.
    3. Add the products obtained in step 2, to obtain the total 2,3,7,8-
TCDD equivalent in the sample.
    Sample calculations are provided in EPA document No. EPA/625/3-89/
016, March 1989, which can be obtained from the EPA, ORD Publications 
Office, Cincinnati, Ohio (Phone no. 513-569-7562).

    Table 4.0-1--2,3,7,8-TCDD Toxicity Equivalence Factors (TEFs) \1\
------------------------------------------------------------------------
                          Compound                            I-TEFs, 89
------------------------------------------------------------------------
Mono-, Di-, and TriCDDs.....................................       0
2,3,7,8-TCDD................................................       1
  Other TCDDs...............................................       0
2,3,7,8-PeCDD...............................................       0.5
  Other PeCDDs..............................................       0
2,3,7,8-HxCDD...............................................       0.1
  Other HxCDDs..............................................       0

[[Page 85]]

 
2,3,7,8-HpCDD...............................................       0.01
  Other HpCDDs..............................................       0
OCDD........................................................       0.001
Mono-, Di-, and TriCDFs.....................................       0
2,3,7,8-TCDF................................................       0.1
  Other TCDFs...............................................       0
1,2,3,7,8-PeCDF.............................................       0.05
2,3,4,7,8-PeCDF.............................................       0.5
  Other PeCDFs..............................................       0
2378-HxCDFs.................................................       0.1
  Other HxCDFs..............................................       0
2378-HpCDFs.................................................       0.01
  Other HpCDFs..............................................       0
OCDF........................................................       0.001 
------------------------------------------------------------------------
Reference: Adapted from NATO/CCMS, 1988a.
\1\ Interim Procedures for Estimating Risks Associated with Exposures to
  Mixtures of Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (CDDs and
  CDFs) 1989 Update EPA/625/3-89/016, March 1989.

 Section 5.0 Hazardous Waste Combustion Air Quality Screening Procedure

    The HWCAQSP is a combined calculation/reference table approach for 
conservatively estimating short-term and annual average facility impacts 
for stack emissions. The procedure is based on extensive short-term 
modeling of 11 generic source types and on a set of adjustment factors 
for estimating annual average concentrations from short-term 
concentrations. Facility impacts may be determined based on the selected 
worst-case stack or on multiple stacks, in which the impacts from each 
stack are estimated separately and then added to produce the total 
facility impact.
    This procedure is most useful for facilities with multiple stacks, 
large source-to-property boundary distances, and complex terrain between 
1 and 5 km from the facility. To ensure a sufficient degree of 
conservatism, the HWCAQSP may not be used if any of the five screening 
procedure limitations listed below are true:
     The facility is located in a narrow valley less 
than 1 km wide;
     The facility has a stack taller than 20 m and is 
located such that the terrain rises to the stack height within 1 km of 
the facility;
     The facility has a stack taller than 20 m and is 
located within 5 km of the shoreline of a large body of water;
     The facility property line is within 200 m of the 
stack and the physical stack height is less than 10 m; or
     On-site receptors are of concern, and stack 
height is less than 10 m.
    If any of these criteria are met or the Director determines that 
this procedure is not appropriate, then detailed site-specific modeling 
or modeling using the ``Screening Procedures for Estimating the Air 
Quality Impact of Stationary Sources,'' EPA -450/4-88-010, Office of Air 
Quality Planning and Standards, August 1988, is required. Detailed site-
specific dispersion modeling must conform to the EPA ``Guidance on Air 
Quality Models (Revised)'', EPA 450/2-78-027R, Office of Air Quality 
Planning and Standards, Research Triangle Park, North Carolina, July 
1986. This document provides guidance on both the proper selection and 
regulatory application of air quality models.

                              Introduction

    The Hazardous Waste Combustion Air Quality Screening Procedure 
(HWCAQSP) (also referred to hereafter as ``the screening procedure'' or 
``the procedure'') provides a quick, easy method for estimating maximum 
(hourly) and annual average ambient air impacts associated with the 
combustion of hazardous waste. The methodology is conservative in nature 
and estimates dispersion coefficients \1\ based on facility-specific 
information.
---------------------------------------------------------------------------

    \1\ The term dispersion coefficient refers to the change in ambient 
air concentration ([micro]g/m\3\) resulting from a source with an 
emission rate of 1 g/sec.
---------------------------------------------------------------------------

    The screening procedure can be used to determine emissions limits at 
sites where the nearest meteorological (STAR) station is not 
representative of the meteorology at the site. If the screen shows that 
emissions from the site are adequately protective, then the need to 
collect site-specific meteorological data can be eliminated.
    The screening procedure is generally most helpful for facilities 
meeting one or more of the following conditions:
     Multiple stacks with substantially different 
release specifications (e.g., stack heights differ by 50 
percent, exit temperatures differ by 50 [deg]K, or the exit 
flow rates differ by more than a factor of 2),
     Terrain located between 1 km and 5 km from the 
site increases in elevation by more than the physical height of the 
shortest stack (i.e., the facility is located in complex terrain), or
     Significant distance between the facility's 
stacks and the site boundary [guidance on determining whether a distance 
is ``significant'' is provided in Step 6(B) of the procedure].
    Steps 1 through 9 of the screening procedure present a simplified 
method for determining emissions based on the use of the ``worst-case'' 
stack. If the simplified method shows that desired feed rates result in 
emissions that exceed allowable limits for one or more pollutants, a 
refined analysis to examine the emissions from each stack can be 
conducted. This multiple-stack method is presented in Step 10.
    The steps involved in screening methodology are as follows:

Step 1. Define Source Characteristics

[[Page 86]]

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:

--------------------------------------------------------------------------------------------------------------------------------------------------------
            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 87]]

    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+(1.5xL)
GEP (maximum)=greater of 65 m or H+(1.5xL)

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 88]]



                             Table 5.0-1--Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate and Gas Temperature
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Exhaust Temperature ([deg]K)
---------------------------------------------------------------------------------------------------------------------------------------------------------
             Flow rate (m\3\/s)                <325   325-349  350-399  400-449  450-499  500-599  600-699  700-799  800-999  1000-1499  1499
--------------------------------------------------------------------------------------------------------------------------------------------------------
<0.5........................................       0        0        0        0        0        0        0        0        0         0             0
0.5-0.9.....................................       0        0        0        0        0        0        0        0        1         1             1
1.0-1.9.....................................       0        0        0        0        1        1        2        3        3         3             4
2.0-2.9.....................................       0        0        1        3        4        4        6        6        7         8             9
3.0-3.9.....................................       0        1        2        5        6        7        9       10       11        12            13
4.0-4.9.....................................       1        2        4        6        8       10       12       13       14        15            17
5.0-7.4.....................................       2        3        5        8       10       12       14       16       17        19            21
7.5-9.9.....................................       3        5        8       12       15       17       20       22       22        23            24
10.0-12.4...................................       4        6       10       15       19       21       23       24       25        26            27
12.5-14.9...................................       4        7       12       18       22       23       25       26       27        28            29
15.0-19.9...................................       5        8       13       20       23       24       26       27       28        29            31
20.0-24.9...................................       6       10       17       23       25       27       29       30       31        32            34
25.0-29.9...................................       7       12       20       25       27       29       31       32       33        35            36
30.0-34.9...................................       8       14       22       26       29       31       33       35       36        37            39
35.0-39.9...................................       9       16       23       28       30       32       35       36       37        39            41
40.0-49.9...................................      10       17       24       29       32       34       36       38       39        41            42
50.0-59.9...................................      12       21       26       31       34       36       39       41       42        44            46
60.0-69.9...................................      14       22       27       33       36       39       42       43       45        47            49
70.0-79.9...................................      16       23       29       35       38       41       44       46       47        49            51
80.0-89.9...................................      17       25       30       36       40       42       46       48       49        51            54
90.0-99.9...................................      19       26       31       38       42       44       48       50       51        53            56
100.0-119.9.................................      21       26       32       39       43       46       49       52       53        55            58
120.0-139.9.................................      22       28       35       42       46       49       52       55       56        59            61
140.0-159.9.................................      23       30       36       44       48       51       55       58       59        62            65
160.0-179.9.................................      25       31       38       46       50       54       58       60       62        65            67
180.0-199.9.................................      26       32       40       48       52       56       60       63       65        67            70
199.9............................      26       33       41       49       54       58       62       65       67        69            73
--------------------------------------------------------------------------------------------------------------------------------------------------------


             Table 5.0-2--Selection of Generic Source Number
------------------------------------------------------------------------
                                                               Generic
                 Effective stack height (m)                   source No.
------------------------------------------------------------------------
<10.0......................................................            1
10.0-14.9..................................................            2
15.0-19.9..................................................            3
20.0-24.9..................................................            4
25.0-30.9..................................................            5
31.0-41.9..................................................            6
42.0-52.9..................................................            7
53.0-64.9..................................................            8
65.0-122.9.................................................            9
113.0+.....................................................           10
Downwash...................................................           11
------------------------------------------------------------------------


              Table 5.0-3--Classification of Land Use Types
------------------------------------------------------------------------
                                              Urban or rural designation
     Type \1\             Description                     \2\
------------------------------------------------------------------------
I1                 Heavy Industrial.........  Urban
I2                 Light/Moderate Industrial  Urban
Cl                 Commercial...............  Urban
R1                 Common Residential         Rural
                    (Normal Easements).
R2                 Compact Residential        Urban
                    (Single Family).
R3                 Compact Residential        Rural
                    (Multi-Family).
R4                 Estate Residential (Multi- Rural
                    Acre Plots).
A1                 Metropolitan Natural.....  Rural
A2                 Agricultural.............  Rural
A3                 Undeveloped (Grasses/      Rural
                    Weeds).
A4                 Undeveloped (Heavily       Rural
                    Wooded).
A5                 Water Surfaces...........  Rural
------------------------------------------------------------------------
\1\ EPA, Guideline on Air Quality Models (Revised), EPA-450/2-78-027R,
  Office of Air Quality Planning and Standards, Research Triangle Park,
  North Carolina, July, 1986.
\2\ Auer, August H. Jr., ``Correlation of Land Use and Cover with
  meteorological Anomalies,'' Journal of Applied Meteorology, pp. 636-
  643, 1978.


----------------------------------------------------------------------------------------------------------------
                                       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 89]]

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=----([micro]g/m\3\/g/sec)
    (2) For each of the three distance-based generic source numbers 
listed in Step 5(E), search down the appropriate generic source

[[Page 90]]

number columns, beginning at the minimum fenceline distance listed in 
Step 6(B). Note that different columns may be used for each of the three 
distance ranges if there is a need for terrain adjustment. Record the 
maximum dispersion coefficient for each generic source number.

------------------------------------------------------------------------
                                                            Maximum
                                                           dispersion
       Distance range (km)         Generic source No.     coefficient
                                    [from Step 5(E)]   ([micro]g/m\3\/m/
                                                              sec)
------------------------------------------------------------------------
0.0-0.5..........................       --------            --------
0.5-2.5...............       --------            --------
2.5-5.0...............       --------            --------
5.0-20.0..............       --------            --------
------------------------------------------------------------------------


                                  Table 5.0-4--ISCST Predicted Maximum Concentrations ([micro]g/m\3\) \a\ for Hazardous Waste Combustors Using Urban Conditions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic      Generic
                                                              Source      Source      Source      Source      Source      Source      Source      Source      Source       Source       Source
                       Distance (KM)                        1  2  3  4  5  6  7  8  9  10  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
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


[[Page 91]]


                                  Table 5.0-5--ISCST Predicted Maximum Concentrations ([micro]g/m\3\) \a\ for Hazardous Waste Combustors Using Rural Conditions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic      Generic
                                                              source      source      source      source      source      source      source      source      source       source       source
                       Distance (KM)                        1  2  3  4  5  6  7  8  9  10  11
                                                              (<10M)       (10M)       (15M)       (20M)       (25M)       (31M)       (42M)       (53M)       (65M)       (113M)     (Downwash)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
0.20......................................................     1771.1       670.3       308.6       176.8       102.8        76.5         28.0       10.1         3.5         0.0       1350.8
0.25......................................................     1310.6       678.4       316.9       183.6       104.6        71.8         38.0       17.6         7.9         0.2       1227.3
0.30......................................................     1002.3       629.2       303.4       199.1       100.4        75.0         39.7       24.0        12.6         0.8       1119.3
0.35......................................................      798.4       569.6       282.3       200.7       117.0        71.1         36.3       25.9        16.8         1.9       1023.8
0.40......................................................      656.9       516.5       278.7       194.4       125.2        82.7         25.3       24.6        18.1         3.1        938.9
0.45......................................................      621.5       471.1       277.6       184.3       127.5        89.7         35.6       21.7        17.6         4.3        851.8
0.50......................................................      633.5       432.4       272.0       172.7       125.7        92.9         34.4       21.6        15.9         5.5        787.8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
0.55......................................................      630.1       399.2       263.8       168.0       121.6        93.3         38.6       22.1        13.6         6.5        730.6
0.60......................................................      616.6       370.4       254.0       169.1       116.2        91.8         42.6       21.7        14.3         6.7        676.4
0.65......................................................      596.7       345.4       243.6       168.1       110.3        89.2         45.3       20.9        14.7         6.4        633.4
0.70......................................................      573.2       323.4       232.9       165.6       104.5        85.8         47.0       23.3        14.6         5.9        592.0
0.75......................................................      546.9       304.0       222.3       162.0        98.8        82.2         47.7       25.5        14.3         5.5        554.6
0.80......................................................      520.9       286.8       212.1       157.7        98.8        78.5         47.8       27.1        13.8         5.1        522.1
0.85......................................................      495.7       271.5       202.4       153.0        99.0        74.9         47.4       28.3        15.0         4.7        491.8
0.90......................................................      471.5       257.8       193.3       148.1        98.6        71.4         46.6       29.1        16.3         4.5        464.2
0.95......................................................      448.5       245.4       184.7       143.1        97.6        72.3         45.6       29.6        17.3         4.2        438.9
1.00......................................................      426.8       234.2       176.8       138.1        96.3        72.6         44.4       29.8        18.2         4.0        415.8
1.10......................................................      387.5       214.7       162.5       128.2        91.9        71.1         41.8       29.5        19.3         3.9        375.0
1.20......................................................      353.5       198.4       150.3       119.3        87.4        69.1         39.1       28.6        19.8         4.1        340.3
1.30......................................................      323.0       189.6       139.9       111.5        82.9        66.7         36.6       27.5        19.8         4.2        310.4
1.40......................................................      296.6       182.2       130.8       104.5        78.7        64.2         34.3       26.2        19.5         4.2        284.6
1.50......................................................      273.3       174.6       122.9        98.3        74.7        61.6         32.3       24.9        19.0         4.2        262.0
1.60......................................................      252.7       167.0       115.9        92.8        71.0        59.1         31.8       23.6        18.4         4.2        242.2
1.70......................................................      234.5       159.6       109.7        87.9        67.6        56.7         31.6       22.5        17.7         4.3        224.7
1.80......................................................      218.3       152.4       104.1        83.5        64.4        54.3         31.3       21.4        17.0         4.5        211.9
1.90......................................................      203.7       145.6        99.1        79.5        61.5        52.1         30.9       20.4        16.3         4.8        198.4
2.00......................................................      190.7       139.1        94.6        75.9        58.8        50.0         30.4       19.5        15.7         5.1        186.3
2.25......................................................      164.4       124.5        85.1        68.3        53.0        45.4         28.9       18.1        14.2         5.4        160.8
2.50......................................................      143.7       112.1        77.3        62.1        48.2        41.4         27.2       17.9        12.9         5.5        140.7
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2.75......................................................      127.0       101.5        70.9        56.9        38.1        38.1         25.6       17.5        11.8         5.4        124.5
3.00......................................................      113.4        92.4        65.6        52.6        35.2        35.2         24.0       17.0        11.2         5.2        112.5
4.00......................................................       78.8        67.3        50.6        40.6        27.2        27.2         29.0       14.3        10.4         4.3         78.3
5.00......................................................       59.1        54.6        41.4        33.2        22.2        22.2         15.6       12.0         9.3         3.5         58.8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
6.00......................................................       56.7        46.7        46.7        46.7        46.7        46.7         46.7       46.7        46.7        46.7         46.7
7.00......................................................       40.4        40.4        40.4        40.4        40.4        40.4         40.4       40.4        40.4        40.4         40.4
8.00......................................................       35.8        35.8        35.8        35.8        35.8        35.8         35.8       35.8        35.8        35.8         35.8
9.00......................................................       32.2        32.2        32.2        32.2        32.2        32.2         32.2       32.2        32.2        32.2         32.2
10.00.....................................................       29.4        29.4        29.4        29.4        29.4        29.4         29.4       29.4        29.4        29.4         29.4
15.00.....................................................       20.5        20.5        20.5        20.5        20.5        20.5         20.5       20.5        20.5        20.5         20.5
20.00.....................................................       15.9        15.9        15.9        15.9        15.9        15.9         15.9       15.9        15.9        15.9         15.9
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Based on a 1 Gram/Second Emission Rate

    (B) Determine annual/hourly ratio for rural analysis. The maximum 
average annual dispersion coefficient is approximated by multiplying the 
maximum hourly dispersion coefficient (identified in Step 7(A)) by the 
appropriate ratio selection from Table 5.0-6. The generic source 
number(s) [from Steps 5(C) or 5(E)], urban/rural designation (from Step 
6), and the terrain type are used to select the appropriate scaling 
factor. Use the noncomplex terrain designation for all sources located 
in flat terrain, for all sources 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)).

[[Page 92]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Maximum hourly dispersion                         Maximum annual dispersion
              Terrain                  Distance from     Generic source    coefficient (g/     Annual hourly   coefficient (g/m\3\/
                                         stack (m)            No.                 m\3\/g/sec)                 ratio                 g/sec) \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flat..............................  0-20.0
                                    0-0.5
                                    <=0.5-2.5
 
Rolling or Complex................  <=2.5-5.0
                                    <=5.0-20.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Maximum hourly dispersion coefficient times annual/hourly ratio.

  Step 8: Estimate Maximum Ambient Air Concentrations--see procedures 
               prescribed in subpart H of 40 CFR part 266.

  Step 9: Determine Compliance with Regulatory Limits--see procedures 
               prescribed in subpart H of 40 CFR part 266.

                Step 10: Multiple Stack Method (Optional)

    This option is a special case procedure that may be helpful when (1) 
the facility exceeded the regulatory limits for one or more pollutants, 
as detailed in Step 9, and (2) the facility has multiple stacks with 
substantially different emission rates and effective release heights. 
Only those pollutants that fail the Step 9 screening limits need to be 
addressed in this exercise.
    This procedure assesses the environmental impacts from each stack 
and then sums the results to estimate total impacts. This option is 
conceptually the same as the basic approach (Steps 1 through 9) and does 
not involve complex calculations. However, it is more time-consuming and 
is recommended only if the basic approach fails to meet the risk 
criteria. The procedure is outlined below.
    (A) Compute effective stack heights for each stack. \8\
---------------------------------------------------------------------------

    \8\ Follow the procedure outlined in Step 4 of the basic screening 
procedure to determine the GEP for each stack. If a stack's physical 
height exceeds the maximum GEP, use the maximum GEP values. If a stack's 
physical height is less than the minimum GEP, use generic source number 
11 in the subsequent steps of this analysis. Follow the procedure in 
Steps 5(A) and 5(B) to determine the effective height of each stack.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                GEP stack height  Flow rate (m\3\/      Exit temp                        Effective stack
                           Stack No.                                   (m)              sec)            ([deg]K)       Plume rise (m)      height (m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............................................................      --------          --------          --------          --------          --------
2.............................................................      --------          --------          --------          --------          --------
3.............................................................      --------          --------          --------          --------          --------
 
Add an additional page if more than three stacks are involved. Circle the maximum and minimum effective stack heights.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (B) Determine if this multiple-stack screening procedure will likely 
produce less conservative results than the procedure in Steps 1 through 
9. To do this, compute the ratio of maximum-to-minimum effective stack 
height:
[GRAPHIC] [TIFF OMITTED] TC06NO91.012

    If the above ratio is greater than 1.25, proceed with the remaining 
steps. Otherwise, this option is less likely to significantly reduce the 
degree of conservatism in the screening method.
    (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).

[[Page 93]]



------------------------------------------------------------------------
                                                      Stack No.
                                           -----------------------------
                                                1         2         3
------------------------------------------------------------------------
Generic Source Numbers....................    ----      ----      ----
------------------------------------------------------------------------

    (D) Compute the TAESH and select generic source numbers (four 
sources located in nonflat terrain).
    1. Compute the TAESH for all remaining stacks using the following 
equation:

HE-TR=TAESH

where:

HE=effective stack height (m)
TR=maximum terrain rise for each distance range (m)
TAESH=terrain-adjusted effective stack height (m)

                          Use the Table Below To Calculate the TAESH for Each Stack \9\
----------------------------------------------------------------------------------------------------------------
                                                                       Stack No.
                                     ---------------------------------------------------------------------------
         Distance Range (km)                   0-0.5              0.5-2.5        2.5-5.0
                                     ---------------------------------------------------------------------------
                                       HE  -   TR   =  TAESH   HE  -   TR   =    TAESH     HE  -   TR   =  TAESH
----------------------------------------------------------------------------------------------------------------
1...................................  ...  -  ...   =  .....  ...  -  ...   =  .........  ...  -  ...   =  .....
2...................................  ...  -  ...   =  .....  ...  -  ...   =  .........  ...  -  ...   =  .....
3...................................  ...  -  ...   =  .....  ...  -  ...   =  .........  ...  -  ...   =  .....
----------------------------------------------------------------------------------------------------------------
\9\ Refer to Step 1 for terrain adjustment data. Note that the distance from the source to the outer radii of
  each range is used. For example, for the range 0.5-2.5 km, the maximum terrain rise in the range
  0.0-2.5 km is used.

    For those stacks where the terrain rise within a distance range is 
greater than the effective stack height (i.e., HE-TR is less than zero), 
the TAESH for that distance range is set equal to zero, and generic 
source number 1 should be used for that distance range for all 
subsequent distance ranges. Additionally, for all stacks with a physical 
stack height of less than or equal to 10 meters, use generic source 
number 1 for all distance ranges. \10\ For the remaining stacks, proceed 
to Step 10(D)(2).
---------------------------------------------------------------------------

    \10\ This applies to all stacks less than or equal to 10 meters 
regardless of the terrain classification.
---------------------------------------------------------------------------

    2. For the remaining stacks, refer to Table 5.0-2 and, for each 
distance range, identify the generic source number that includes the 
TAESH. Use the values obtained from Steps 10(D)(1) and 10(D)(2) to 
complete the following summary worksheet;

                            Generic Source Number After Terrain Adjusted (if Needed)
----------------------------------------------------------------------------------------------------------------
                                                                          0.5-2.5  2.5-5.0
                         Stack No.                             0-0.5 km           km                  km
----------------------------------------------------------------------------------------------------------------
1..........................................................  ...........  ..................  ..................
2..........................................................  ...........  ..................  ..................
3..........................................................  ...........  ..................  ..................
----------------------------------------------------------------------------------------------------------------

    (E) Identify maximum average hourly dispersion coefficients. Based 
on the land use classification of the site (e.g., urban or rural), use 
either Table 5.0-4 or Table 5.0-5 to determine the appropriate 
dispersion coefficient for each distance range for each stack. Begin at 
the minimum fenceline distance indicated in Step 7(B) and record on 
Worksheet 5.0-1 the dispersion coefficient for each stack/distance 
range. For stacks located in facilities in flat terrain, the generic 
source numbers were computed in Step 10(C). For stacks located in 
facilities in rolling and complex terrain, the generic source numbers 
were computed in Step 10(D). For flat terrain applications and for 
stacks with a physical height of less than or equal to 10 meters, only 
one generic source number is used per stack for all distance ranges. For 
other situations up to three generic source numbers may be needed per 
stack (i.e., a unique generic source number per distance range). In 
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).

[[Page 94]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.033

    (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

[[Page 95]]

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 96]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.034


[[Page 97]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.035


[[Page 98]]

[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 99]]

    Perform the following computation for each stack and record the 
information in the spaces provided. Check in the spaces provided whether 
the stack designation is complex or noncomplex.

----------------------------------------------------------------------------------------------------------------
                                                           Maximum
               Stack No.                    Stack          terrain                         Complex    Noncomplex
                                          height (m)       rise (m)
----------------------------------------------------------------------------------------------------------------
1......................................  ...........  -  ...........   =             (m)
2......................................  ...........  -  ...........   =             (m)
3......................................  ...........  -  ...........   =             (m)
----------------------------------------------------------------------------------------------------------------

    (H) Identify annual/hourly ratios. Extract the annual/hourly ratios 
for each stack by referring to Table 5.0-6. Generic source numbers (from 
Steps 10(C) or 10(D), urban/rural designation (from Step 6)), and 
complex or noncomplex terrain designations (from Step 10(G)) are used to 
select the appropriate scaling factor needed to convert hourly maximum 
concentrations to estimates of annual average concentrations.
    Complete the following table: \13\
---------------------------------------------------------------------------

    \13\ If any stack (excluding generic stack number 1 and 11) in Step 
10(D) shows a negative terrain adjusted stack height, use the complex 
terrain annual/hourly ratios.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Generic source No. steps 10 (C or D)                Annual/hourly ratio (from table 5.0-6)
                                               ---------------------------------------------------------------------------------------------------------
                   Stack No.                                    Distance ranges (km)                                 Distance ranges (km)
                                               ---------------------------------------------------------------------------------------------------------
                                                   0-0.5     0.5-2.5  2.5-5.0     0-0.5     0.5-2.5  2.5-5.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............................................   ----------      ----------          ----------       ----------      ----------          ----------
2.............................................   ----------      ----------          ----------       ----------      ----------          ----------
3.............................................   ----------      ----------          ----------       ----------      ----------          ----------
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (I) Select the highest annual/hourly ratio among all of the stacks, 
\14\ and then estimate the maximum annual average ambient air 
concentrations for each pollutant by completing the following table, 
where:
---------------------------------------------------------------------------

    \14\ As an option, the user can identify the stack with the highest 
ratio for each distance range (rather than the absolute highest). In 
this case, extra sheets would be needed to show estimated annual average 
concentrations from each stack by multiplying emission rate times 
maximum hourly dispersion coefficient times maximum annual/hourly ratio 
for applicable distance range. Then sum across all stacks for each 
downwind distance.
---------------------------------------------------------------------------

C=Maximum total hourly ambient air concentration ([micro]g/m\3\) for 
pollutant ``N'' from Step 10(F),
Ca=Maximum annual average air concentration for pollutant 
``N'' ([micro]g/m\3\),
R=Annual/hourly ratio.

                              Table 5.0-6--95th Percentile of Annual/Hourly Ratios
----------------------------------------------------------------------------------------------------------------
                      Noncomplex Terrain                                         Complex Terrain
----------------------------------------------------------------------------------------------------------------
               Source                    Urban        Rural             Source             Urban        Rural
----------------------------------------------------------------------------------------------------------------
1...................................        0.019        0.014  1.....................        0.020        0.053
2...................................        0.033        0.019  2.....................        0.020        0.053
3...................................        0.031        0.018  3.....................        0.030        0.057
4...................................        0.029        0.017  4.....................        0.051        0.047
5...................................        0.028        0.017  5.....................        0.067        0.039
6...................................        0.028        0.017  6.....................        0.059        0.034
7...................................        0.031        0.015  7.....................        0.036        0.031
8...................................        0.030        0.013  8.....................        0.026        0.024
9...................................        0.029        0.011  9.....................        0.026        0.024
10..................................        0.029        0.008  10....................        0.017        0.013
11..................................        0.018        0.015  11....................        0.020        0.053
----------------------------------------------------------------------------------------------------------------


------------------------------------------------------------------------
                                 Ca([mu]g/                     Ca([mu]g/
           Pollutant               m\3\)     x      R       =    m\3\)
------------------------------------------------------------------------
            --------                ----     x     ----     =     ----
            --------                ----     x     ----     =     ----
------------------------------------------------------------------------

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

[[Page 100]]

Section 6.0 Simplified Land Use Classification Procedure for Compliance 
                     With Tier I and Tier II Limits

                            6.1 Introduction

    This section provides a simplified procedure to classify areas in 
the vicinity of boilers and industrial furnace sites as urban or rural 
in order to set risk-based emission limits under subpart H of 40 CFR 
part 266. Urban/rural classification is needed because dispersion rates 
differ between urban and rural areas and thus, the risk per unit 
emission rate differs accordingly. The combination of greater surface 
roughness (more buildings/structures to generate turbulent mixing) and 
the greater amount of heat released from the surface in an urban area 
(generates buoyancy-induced mixing) produces greater rates of 
dispersion. The emission limit tables in the regulation, therefore, 
distinguish between urban and rural areas.
    EPA guidance (EPA 1986) \1\ provides two alternative procedures to 
determine whether the character of an area is predominantly urban or 
rural. One procedure is based on land use typing and the other is based 
on population density. Both procedures require consideration of 
characteristics within a 3-km radius from a source, in this case the 
facility stack(s). The land use typing method is preferred because it 
more directly relates to the surface characteristics that affect 
dispersion rates. The remainder of this discussion is, therefore, 
focused on the land use method.
    While the land use method is more direct, it can also be labor-
intensive to apply. For this discussion, the land use method has been 
simplified so that it is consistent with EPA guidance (EPA 1986; Auer 
1978), while streamlining the process for the majority of applications 
so that a clear-cut decision can be made without the need for detailed 
analysis. Table 6.0-1 summarizes the simplified approach for classifying 
areas as urban or rural. As shown, the applicant always has the option 
of applying standard (i.e., more detailed) analyses to more accurately 
distinguish between urban and rural areas. However, the procedure 
presented here allows for simplified determinations, where appropriate, 
to expedite the permitting process.

              Table 6.0-1--Classification of Land Use Types
------------------------------------------------------------------------
                                             Urban or rural designation
     Type \1\            Description                     \2\
------------------------------------------------------------------------
I1                 Heavy Industrial.......  Urban.
I2                 Light/Moderate           Urban.
                    Industrial.
C1                 Commercial.............  Urban.
R1                 Common Residential       Rural.
                    (Normal Easements).
R2                 Compact Residential      Urban.
                    (Single Family).
R3                 Compact Residential      Urban.
                    (Multi-Family).
R4                 Estate Residential       Rural.
                    (Multi-Acre Plots).
A1                 Metropolitan Natural...  Rural.
A2                 Agricultural...........  Rural.
A3                 Undeveloped (Grasses/    Rural.
                    Weeds).
A4                 Undeveloped (Heavily     Rural.
                    Wooded).
A5                 Water Surfaces.........  Rural.
------------------------------------------------------------------------
\1\ EPA, Guideline on Air Quality Models (Revised), EPA-450/2-78-027R,
  Office of Air Quality Planning and Standards, Research Triangle Park,
  North Carolina, July, 1986.
\2\ Auer, August H. Jr., ``Correlation of Land Use and Cover with
  Meteorological Anomalies,'' Journal of Applied Meteorology, pp. 636-
  643, 1978.

                     6.2 Simplified Land Use Process

    The land use approach considers four primary land use types: 
industrial (I), commercial (C), residential (R), and agricultural (A). 
Within these primary classes, subclasses are identified, as shown in 
table 6.0-1. The goal is to estimate the percentage of the area within a 
3-km radius that is urban type and the percentage that is rural type. 
Industrial and commercial areas are classified as urban; agricultural 
areas are classified as rural.
    The delineation of urban and rural areas, however, can be more 
difficult for the residential type areas shown in table 6.0-1. The 
degree of resolution shown in table 6.0-1 for residential areas often 
cannot be identified without conducting site area inspections and/or 
referring to zoning maps. This process can require extensive analysis, 
which, for many applications, can be greatly streamlined without 
sacrificing confidence in selecting the appropriate urban or rural 
classification.
    The fundamental simplifying assumption is based on the premise that 
many applications will have clear-cut urban/rural designations, i.e., 
most will be in rural settings that can be definitively characterized 
through a brief review of topographical maps. The color coding on USGS 
topographical maps provides the most effective means of simplifying the 
typing scheme. The suggested typing designations for the color codes 
found on topographical maps are as follows:
Green Wooded areas (rural).
White White areas generally will be treated as rural. This code applies 
to areas that are unwooded and do not have densely packed structures 
which would require the pink code (house omission tint). Parks, 
industrial areas, and unforested rural land will appear as white on the 
topographical maps. Of these categories, only the industrial areas could 
potentially be classified

[[Page 101]]

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 102]]



  Section 7.0 Statistical Methodology for Bevill Residue Determinations

    This section describes the statistical comparison of waste-derived 
residue to normal residue for use in determining eligibility for the 
Bevill exemption under 40 CFR 266.112.

        7.1 Comparison of Waste-Derived Residue to Normal Residue

    To be eligible for the Bevill exclusion from the definition of 
hazardous waste under 40 CFR 266.112(b)(1), waste-derived residue must 
not contain Appendix VIII, Part 261, constituents that could reasonably 
be attributable to the hazardous waste (toxic constituents) at 
concentrations significantly higher than in residue generated without 
burning or processing hazardous waste (normal residue). Concentrations 
of toxic constituents in normal residue are determined based on analysis 
of a minimum of 10 samples representing a minimum of 10 days of 
operation. The statistically-derived concentrations in normal residue 
are determined as the upper tolerance limit (95% confidence with a 95% 
proportion of the sample distribution) of the normal residue 
concentrations. The upper tolerance limit is to be determined as 
described in Section 7.2 below. If changes in raw materials or fuels 
could lower the statistically-derived concentrations of toxic 
constituents of concern, the statistically-derived baseline must be re-
established for any such mode of operation with the new raw material or 
fuel.
    Concentrations of toxic constituents in waste-derived residue are 
determined based on the analysis of one or more samples collected over a 
compositing period of not more than 24 hours. Multiple samples of the 
waste-derived residue may be analyzed or subsamples may be composited 
for analysis, provided that the sampling period does not exceed 24 
hours. If more than one sample is analyzed to characterize the waste-
derived residue generated over a 24-hour period, the arithmetic mean of 
the concentrations must be used as the waste-derived concentration for 
each constituent.
    The concentration of a toxic constituent in the waste-derived 
residue is not considered to be significantly higher than in the normal 
residue (i.e., the residue passes the Bevill test for that constituent) 
if the concentration in the waste-derived residue does not exceed the 
statistically-derived concentration.

              7.2 Calculation of the Upper Tolerance Limit

    The 95% confidence with 95% proportion of the sample distribution 
(upper tolerance limit) is calculated for a set of values assuming that 
the values are normally distributed. The upper tolerance limit is a one-
sided calculation and is an appropriate statistical test for cases in 
which a single value (the waste-derived residue concentration) is 
compared to the distribution of a range of values (the minimum of 10 
measurements of normal residue concentrations). The upper tolerance 
limit value is determined as follows:

UTL = X + (K)(S)

where

X = mean of the normal residue concentrations, X = X i/n,
K = coefficient for sample size n, 95% confidence and 95% proportion,
S = standard deviation of the normal residue concentrations,
S = ([Sigma](Xi - X)\2\/(n - 1))\0\.\5\, and
n = sample size.

    The values of K at the 95% confidence and 95% proportion, and sample 
size n are given in Table 7.0-1.
    For example, a normal residue test results in 10 samples with the 
following analytical results for toxic constituent A:

------------------------------------------------------------------------
                                                           Concentration
                       Sample No.                         of constituent
                                                              A (ppm)
------------------------------------------------------------------------
1.......................................................              10
2.......................................................              10
3.......................................................              15
4.......................................................              10
5.......................................................               7
6.......................................................              12
7.......................................................              10
8.......................................................              16
9.......................................................              15
10......................................................              10
------------------------------------------------------------------------

    The mean and the standard deviation of these measurements, 
calculated using the above equations, are 11.5 and 2.9, respectively. 
Assuming that the values are normally distributed, the upper tolerance 
limit (UTL) is given by:

UTL=11.5+(2.911)(2.9)=19.9 ppm

    Thus, if the concentration of constituent A in the waste-derived 
residue is below 19.9 ppm, then the waste-derived residue is eligible 
for the Bevill exclusion for constituent A.

                   7.3 Normal Distribution Assumption

    As noted in Section 7.2 above, this statistical approach (use of the 
upper tolerance limit) for calculation of the concentration in normal 
residue is based on the assumption that the concentration data are 
distributed normally. The Agency is aware that concentration data of 
this type may not always be distributed normally, particularly when 
concentrations are near the detection limits. There are a number of 
procedures that can be used to test the distribution of a data set. For 
example, the Shapiro-Wilk test, examination of a histogram or plot of 
the data on normal probability paper, and examination of the coefficient 
of skewness are methods that may be applicable, depending on the nature 
of the data (References 1 and 2).

[[Page 103]]

    If the concentration data are not adequately represented by a normal 
distribution, the data may be transformed to attain a near normal 
distribution. The Agency has found that concentration data, especially 
when near detection levels, often exhibit a lognormal distribution. The 
assumption of a lognormal distribution has been used in various programs 
at EPA, such as in the Office of Resource Conservation and Recovery Land 
Disposal Restrictions program for determination of BDAT treatment 
standards. The transformed data may be tested for normality using the 
procedures identified above. If the transformed data are better 
represented by a normal distribution than the untransformed data, the 
transformed data should be used in determining the upper tolerance limit 
using the procedures in Section 7.2 above.
    In all cases where the owner or operator wishes to use other than an 
assumption of normally distributed data or believes that use of an 
alternate statistical approach is appropriate to the specific data set, 
he/she must provide supporting rationale in the operating record that 
demonstrates that the data treatment is based upon sound statistical 
practice.

                          7.4 Nondetect Values

    The Agency is developing guidance regarding the treatment of 
nondetect values (data where the concentration of the constituent being 
measured is below the lowest concentration for which the analytical 
method is valid) in carrying out the statistical determination described 
above. Until the guidance information is available, facilities may 
present their own approach to the handling of nondetect data points, but 
must provide supporting rationale in the operating record for 
consideration by the Director.

       Table 7.0-1--K Values for 95% Confidence and 95% Proportion
------------------------------------------------------------------------
                      Sample size (n)                             K
------------------------------------------------------------------------
10.........................................................        2.911
11.........................................................        2.815
12.........................................................        2.736
13.........................................................        2.670
14.........................................................        2.614
15.........................................................        2.566
16.........................................................        2.523
17.........................................................        2.486
18.........................................................        2.458
19.........................................................        2.423
20.........................................................        2.396
21.........................................................        2.371
22.........................................................        2.350
23.........................................................        2.329
24.........................................................        2.303
25.........................................................        2.292
------------------------------------------------------------------------

                             7.5 References

    1. Shapiro, S.S. and Wilk, M.B. (1965), ``An Analysis of Variance 
Test for Normality (complete samples),'' Biometrika, 52,591-611.
    2. Bhattacharyya, G.K. and R.A. Johnson (1977), Statistical Concepts 
and Methods, John Wiley and Sons, New York.

Section 8.0 Procedures for Determining Default Values for Air Pollution 
                   Control System Removal Efficiencies

    During interim status, owners or operators of boilers and industrial 
furnaces burning hazardous waste must submit documentation to EPA that 
certifies that emissions of HCl, C12, metals, and particulate 
matter (PM) are not likely to exceed allowable emission rates. See 
certification of precompliance under 40 CFR 266.103(b). This 
documentation also establishes interim status feed rate and operating 
limits for the facility. For the initial certification, estimates of 
emissions and system removal efficiencies (SREs) can be made to 
establish the operating limits. Subsequently, owners or operators must 
use emissions testing to demonstrate that emissions do not exceed 
allowable levels, and to establish operating limits. See 40 CFR 
266.103(c). However, initial estimates of emissions for certification of 
precompliance can be based on estimated or established SREs.
    The SRE combines the effect of partitioning of the chlorine, metals, 
or PM and the air pollution control system removal efficiency (APCS RE) 
for these pollutants. The SRE is defined as:
SRE=(species input--species emitted) / species input
    The SRE can be calculated from the partitioning factor (PF) and APCS 
RE by the following formula:

SRE=1--[(PF/l00) X (1--APCS RE/100)]

where:

PF=percentage of the pollutant partitioned to the combustion gas

    Estimates of the PF and/or the APCS RE can be based on either EPA's 
default values or engineering judgement. EPA's default values for the 
APCS RE for metals, HCl, Cl2, and PM are described in this 
section. EPA's default values for partitioning of these pollutants are 
described in section 9.0.
    Guidelines for the use of engineering judgement to estimate APCS REs 
or PFs are described in section 9.4.

                  8.1 APCS RE Default Values for Metals

    EPA's default assumptions for APCS RE for metals are shown in Table 
8.1-1. The default values in the table are conservative estimates of the 
removal efficiencies for metals in BIFs, depending on the volatility of 
the metal and the type of APCS.
    The volatility of a metal depends on the temperature, the thermal 
input, the chlorine

[[Page 104]]

content of the waste, and the identity and concentration of the metal. 
Metals that do not vaporize at combustion zone temperatures are 
classified as ``nonvolatile''. Such metals typically enter the APCS in 
the form of large particles that are removed relatively easily. Metals 
that vaporize in the combustion zone and condense before entering the 
APCS are classified as ``volatile''. Such metals typically enter the 
APCS in the form of very fine, submicron particles that are rather 
inefficiently removed in many APCSs. Metals that vaporize in the 
combustion zone and do not condense before entering the APCS are 
classified as ``very volatile''. Such metals enter the APCS in the form 
of a vapor that is very inefficiently removed in many APCSs.
    Typically, BIFs have combustion zone temperatures high enough to 
vaporize any hazardous metal at concentrations sufficient to exceed 
risk-based emission limits. For this reason, the default assumption is 
that there are no nonvolatile metals. Tables 8.1-2 and 8.1-3 are used to 
determine whether metals are classified as ``volatile'' or ``very 
volatile'' depending on the temperature entering the APCS, the thermal 
input, and whether the waste is chlorinated or nonchlorinated.

       Table 8.1-1--Air Pollution Control Systems (APCS) and Their
 Conservatively Estimated Efficiencies for Controlling Toxic Metals (%)
------------------------------------------------------------------------
                                              Metal Volatility
                                  --------------------------------------
               APCS                                              Very
                                   Nonvolatile    Volatile     Volatile
------------------------------------------------------------------------
WS...............................           40           30           20
VS-20............................           80           75           20
VS-60............................           87           75           40
ESP-1............................           90           75            0
ESP-2............................           92           80            0
ESP-4............................           95           80            0
WESP.............................           90           85           40
FF...............................           90           80            0
SD/FF............................           97           90            0
DS/FF............................           95           90            0
IWS..............................           90           87           75
------------------------------------------------------------------------

WS=Wet Scrubber including: Sieve Tray Tower, Packed Tower, Bubble Cap 
Tower
VS-20=Venturi Scrubber, ca. 20-30 in W.G. [Delta] p
VS-60=Venturi Scrubber, ca. 60 in W.G. [Delta] p
ESP-l=Electrostatic Precipitator; 1 stage
ESP-2=Electrostatic Precipitator; 2 stage
ESP-4=Electrostatic Precipitator; 4 stage
IWS=Ionizing Wet Scrubber
DS=Dry Scrubber
FF=Fabric Filter (Baghouse)
SD=Spray Dryer (Wet/Dry Scrubber)
WESP=Wet Electrostatic Precipitator

 Table 8.1-2--Temperature (F) Entering APCS Above Which Metals Are Classified as Very Volatile in Combustion of
                                              Nonchlorinated Wastes
----------------------------------------------------------------------------------------------------------------
                                  Metal                                        Thermal Input (MMBtu/hr) \1\
----------------------------------------------------------------------------------------------------------------
                    Name                                Symbol               1      10      100    1000    10000
----------------------------------------------------------------------------------------------------------------
Arsenic....................................  As                              320     280     240     200     160
Cadmium....................................  Cd                             1040     940     860     780     720
Chromium...................................  Cr                             2000    1760    1580    1420    1380
Beryllium..................................  Be                             1680    1440    1240    1080     980
Antimony...................................  Sb                              680     600     540     480     420
Barium.....................................  Ba                             2240    1820    1540    1360    1240
Lead.......................................  Pb                             1280    1180    1080    1000     920
Mercury....................................  Hg                              340     300     260     220     180
Silver.....................................  Ag                             1820    1640    1480    1340    1220
Thallium...................................  Tl                              900     800     700     620    540
----------------------------------------------------------------------------------------------------------------
\1\ Interpolation of thermal input is not allowed. If a BIF fires between two ranges, the APCS temperature under
  the higher thermal input must be used.
Example: For a BIF firing 10-100 MMBtu/hr, Mercury is considered very volatile at APCS temperatures above 260 F
  and volatile at APCS temperatures of 260 F and below.


 Table 8.1-3--Temperature (F) Entering APCS Above Which Metals Are Classified as Very Volatile In Combustion of
                                               Chlorinated Wastes
----------------------------------------------------------------------------------------------------------------
                                  Metal                                        Thermal Input (MMBtu/hr) \1\
----------------------------------------------------------------------------------------------------------------
                    Name                                Symbol               1      10      100    1000    10000
----------------------------------------------------------------------------------------------------------------
Arsenic....................................  As                              320     280     240     200     160
Cadmium....................................  Cd                             1040     940     860     780     720
Chromium...................................  Cr                           2

    Default assumptions for APCS RE for HCl in BIFs are shown in Table 
8.2-1. This table is identical to the column for other BIFs except that 
cement kilns have a minimum HCl removal efficiency of 83 percent. 
Because of the alkaline nature of the raw materials in cement kilns, 
most of the chlorine is converted to chloride salts. Thus, the minimum 
APCS RE for HCl for cement kilns is independent of the APCS train.
    Removal efficiency of Cl2 for most types of APCS is 
generally minimal. Therefore, the default assumption for APCS RE for 
Cl2 for all APCSs is 0 percent. This is applicable to all 
BIFs, including cement kilns.

                   8.3 APCS RE Default Values for Ash

    Default assumptions for APCS RE for PM are also shown in Table 8.1-
4. These figures are conservative estimates of PM removal efficiencies 
for different types of APCSs. They are identical to the figures in the 
Nonvolatile APCS RE column for hazardous metals presented in Table 8.1-1 
because the same collection mechanisms and collection efficiencies that 
apply to nonvolatile metals also apply to PM.

       Table 8.2-1--Air Pollution Control Systems (APCS) and Their
  Conservatively Estimated Efficiencies for Removing Hydrogen Chloride
                  (HCl) and Particulate Matter (PM) (%)
------------------------------------------------------------------------
                                                       HCl
                                        --------------------------------
                  APCD                     Cement     Other
                                           kilns       BIFs        PM
------------------------------------------------------------------------
WS.....................................         97         97         40
VS-20..................................         97         97         80
VS-60..................................         98         98         87
ESP-1..................................         83          0         90
ESP-2..................................         83          0         92
ESP-4..................................         83          0         95
WESP...................................         83         70         90
FF.....................................         83          0         90
SD/FF..................................         98         98         97
DS/FF..................................         98         98         95
WS/IWS.................................         99         99         95
IWS....................................         99         99         90
------------------------------------------------------------------------

WS=Wet Scrubber including: Sieve Tray Tower, Packed Tower, Bubble Cap 
Tower
PS=Proprietary Wet Scrubber Design (A number of proprietary wet 
scrubbers have come on the market in recent years that are highly 
efficient on both particulates and corrosive gases. Two such units are 
offered by Calvert Environmental Equipment Co. and by Hydro-Sonic 
Systems, Inc.).
VS-20=Venturi Scrubber, ca. 20-30 in W.G. [Delta] p
VS-60=Venturi Scrubber, ca. 60 in W.G. [Delta] p
ESP-l=Electrostatic Precipitator; 1 stage
ESP-2=Electrostatic Precipitator; 2 stage
ESP-4=Electrostatic Precipitator; 4 stage
IWS=Ionizing Wet Scrubber
DS=Dry Scrubber
FF=Fabric Filter (Baghouse)
SD=Spray Dryer (Wet/Dry Scrubber)

                             8.4 References

1. U.S. Environmental Protection Agency. ``Guidance on Metals and 
Hydrogen Chloride Controls for Hazardous Waste Incinerators,'' Office of 
Solid Waste, Washington, DC, August 1989.
2. Carroll, G.J., R.C. Thurnau, R.E. Maurnighan, L.R. Waterland, J.W. 
Lee, and D.J. Fournier. The Partitioning of Metals in Rotary Kiln 
Incineration. Proceedings of the Third International Conference on

[[Page 106]]

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 gas flow rate 
times a dilution correction factor equal to [(21-02 
concentration from step 1)/(21-7)].

[[Page 107]]

 9.4 Use of Engineering Judgement To Estimate Partitioning and APCS RE 
                                 Values

    Engineering judgement may be used in place of EPA's conservative 
default assumptions to estimate partitioning and APCS RE values provided 
that the engineering judgement is defensible and properly documented. To 
properly document engineering judgement, the owner/operator must keep a 
written record of all assumptions and calculations necessary to justify 
the APCS RE used. The owner/operator must provide this record to the 
Director upon request and must be prepared to defend the assumptions and 
calculations used.
    If the engineering judgement is based on emissions testing, the 
testing will often document the emission rate of a pollutant relative to 
the feed rate of that pollutant rather than the partitioning factor or 
APCS RE.
    Examples of situations where the use of engineering judgement may be 
supportable to estimate a partitioning factor, APCS RE, or SRE include:
     Using emissions testing data from the facility to 
support an SRE, even though the testing may not meet full QA/QC 
procedures (e.g., triplicate test runs). The closer the test results 
conform with full QA/QC procedures and the closer the operating 
conditions during the test conform with the established operating 
conditions for the facility, the more supportable the engineering 
judgement will be.
     Applying emissions testing data documenting an 
SRE for one metal, including nonhazardous surrogate metals to another 
less volatile metal.
     Applying emissions testing data documenting an 
SRE from one facility to a similar facility.
     Using APCS vendor guarantees of removal 
efficiency.

                  9.5 Restrictions on Use of Test Data

    The measurement of an SRE or an APCS RE may be limited by the 
detection limits of the measurement technique. If the emission of a 
pollutant is undetectable, then the calculation of SRE or APCS RE should 
be based on the lower limit of detectability. An SRE or APCS RE of 100 
percent is not acceptable.
    Further, mass balance data of facility inputs, emissions, and 
products/residues may not be used to support a partitioning factor, 
given the inherent uncertainties of such procedures. Partitioning 
factors other than the default values may be supported based on 
engineering judgement, considering, for example, process chemistry. 
Emissions test data may be used to support an engineering judgement-
based SRE, which includes both partitioning and APCS RE.

                             9.5 References

1. Barton, R.G., W.D. Clark, and W.R. Seeker. (1990) ``Fate of Metals in 
Waste Combustion Systems''. Combustion Science and Technology. 74, 1-6, 
p. 327

  Section 10.0 Alternative Methodology for Implementing Metals Controls

                           10.1 Applicability

    This method for controlling metals emissions applies to cement kilns 
and other industrial furnaces operating under interim status that 
recycle emission control residue back into the furnace.

                            10.2 Introduction

    Under this method, cement kilns and other industrial furnaces that 
recycle emission control residue back into the furnace must comply with 
a kiln dust concentration limit (i.e., a collected particulate matter 
(PM) limit) for each metal, as well as limits on the maximum feedrates 
of each of the metals in: (1) pumpable hazardous waste; and (2) all 
hazardous waste.
    The following subsections describe how this method for controlling 
metals emissions is to be implemented:
     Subsection 10.3 discusses the basis of the method 
and the assumptions upon which it is founded;
     Subsection 10.4 provides an overview of the 
implementation of the method;
     Subsection 10.5 is a step-by-step procedure for 
implementation of the method;
     Subsection 10.6 describes the compliance 
procedures for this method; and
     Appendix A describes the statistical calculations 
and tests to be used in the method.

                               10.3 Basis

    The viability of this method depends on three fundamental 
assumptions:
    (1) Variations in the ratio of the metal concentration in the 
emitted particulate to the metal concentration in the collected kiln 
dust (referred to as the enrichment factor or EF) for any given metal at 
any given facility will fall within a normal distribution that can be 
experimentally determined.
    (2) The metal concentrations in the collected kiln dust can be 
accurately and representatively measured.
    (3) The facility will remain in compliance with the applicable 
particulate matter (PM) emission standard.
    Given these assumptions. metal emissions can be related to the 
measured concentrations in the collected kiln dust by the following 
equation:

[[Page 108]]

[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[percnt] and EF99[percnt]. 
EF95[percnt] 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[percnt] is the value at which there is a 99% 
confidence level that the enrichment factor is below this value at any 
given time. EF95[percnt] is used to calculate the 
``violation'' dust metal concentration limit (DMCLv):
[GRAPHIC] [TIFF OMITTED] TC06NO91.016

    If the kiln dust metal concentration is just above this 
``violation'' limit, and the PM emissions are at the PM emissions limit, 
there is a 5% chance that the metal emissions are above the Tier III 
limit. In such a case, the facility would be in violation of the metals 
standard.
    To provide a margin of safety, a second, more conservative kiln dust 
metal concentration limit is also used. This ``conservative'' dust metal 
concentration limit (DMCLc) is calculated using a ``safe'' 
enrichment factor (SEF). If EF99[percnt] is greater than two 
times the value of EF95[percnt], the ``safe'' enrichment 
factor can be calculated using Equation 4a:

SEF=2 EF95[percnt] (4a)


[[Page 109]]


    If EF99[percnt] is not greater than two times the value 
of EF95[percnt], the ``safe'' enrichment factor can be 
calculated using Equation 4b:

SEF= EF99[percnt] (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[percnt] exists, the ``violation'' dust metal 
concentration limit is set at ten times the ``conservative'' limit:

DMCLv=10xDMCLc (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 110]]

[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 111]]

                     10.5 Implementation Procedures

    A step-by-step description for implementing the method is provided 
below:
    (1) Prepare initial limits and test plans.
     Determine the Tier III metal emission limit. The 
Tier II metal emission limit may also be used (see 40 CFR 266.106).
     Determine the applicable PM emission standard. 
This standard is the most stringent particulate emission standard that 
applies to the facility. A facility may elect to restrict itself to an 
even more stringent self-imposed PM emission standard, particularly if 
the facility finds that it is easier to control particulate emissions 
than to reduce the kiln dust concentration of a certain metal (i.e., 
lead).
     Determine which metals need to be monitored 
(i.e., all hazardous metals for which Tier III emission limits are lower 
than PM emission limits--assuming PM is pure metal).
     Follow the compliance procedures described in 
Subsection 10.6.
     Follow appropriate guidelines for preparing test 
plans and waste analysis plans for the following tests:
--Compliance tests to determine limits on metal feedrates in pumpable 
hazardous wastes and in all hazardous wastes (as well as to determine 
other compliance parameters);
--Initial tests to determine enrichment factors;
--Quarterly tests to verify enrichment factors;
--Analysis of hazardous waste feedstreams; and
--Daily and/or weekly monitoring of kiln dust for continuing compliance.

    (2) Conduct tests to determine the enrichment factor.
     These tests must be conducted within a 14-day 
period. No more than two tests may be conducted in any single day. If 
the tests are not completed within a 14-day period, they must be 
repeated.
     Simultaneous stack samples and kiln dust samples 
must be taken.
--Stack sampling must be conducted with the multiple metals train 
according to procedures provided in section 10.3 of this Methods Manual.
--Kiln dust sampling must be conducted as follows:
--Follow appropriate sampling and analytical procedures such as those 
described in the waste analysis plan as they pertain to the condition 
and accessibility of the dust.
--Samples should be representative of the last ESP or Fabric Filter in 
the APCS series.

     The feedrates of hazardous metals in all pumpable 
hazardous waste streams and in all hazardous waste streams must be 
monitored during these tests. It is recommended (but not required) that 
the feedrates of hazardous metals in all feedstreams also be monitored.
     At least ten single (noncomposited) runs are 
required during the tests.
--The facility must follow a normal schedule of kiln dust recharging for 
all of the tests.
--Three of the first five tests must be compliance tests in conformance 
with 40 CFR 266.103(c); i.e., they must be used to determine maximum 
allowable feedrates of metals in pumpable hazardous wastes, and in all 
hazardous wastes, as well as to determine other compliance limits (see 
40 CFR 266.103(c)(1)).
--The remainder of the tests need not be conducted under full compliance 
test conditions; however, the facility must operate at its compliance 
test production rate, and it must burn hazardous waste during these 
tests such that the feedrate of each metal for pumpable and total 
hazardous wastes is at least 25% of the feedrate during compliance 
testing. If these criteria, and those discussed below, are not met for 
any parameter during a test, then either the test is not valid for 
determining enrichment factors under this method, or the compliance 
limits for that parameter must be established based on these test 
conditions rather than on the compliance test conditions.

     Verify that compliance emission limits are not 
exceeded.
--Metal emissions must not exceed Tier III (or Tier II) limits.
--PM emissions must not exceed the most stringent of applicable PM 
standards (or an optional self-imposed particulate standard).
     The facility must generate normal, marketable 
product using normal raw materials and fuels under normal operating 
conditions (for parameters other than those specified under this method) 
when these tests are conducted.
     Chromium must be treated as a special case:
--The enrichment factor for total chromium is calculated in the same way 
as the enrichment factor for other metals (i.e., the enrichment factor 
is the ratio of the concentration of total chromium in the emitted 
particulate matter to the concentration of total chromium in the 
collected kiln dust).
--The enrichment factor for hexavalent chromium (if measured) is defined 
as the ratio of the concentration of hexavalent chromium in the emitted 
particulate matter to the concentration of total chromium in the 
collected kiln dust.

    (3) Use the enrichment factors measured in Step 2 to determine 
EF95[percnt], EF99[percnt], and SEF.
     Calculate EF95[percnt] and 
EF99[percnt] according to the t-distribution as described in 
Appendix A
     Calculate SEF by

[[Page 112]]

--Equation 4a if EF95[percnt] is determinable and if 
EF99[percnt] is greater than two times 
EF95[percnt],
--Equation 4b if EF95[percnt] is determinable and if 
EF99[percnt] is not greater than two times 
EF95[percnt].
--Equation 4c if EF95[percnt] 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[percnt] is determinable, or using Equation 6 if 
EF95[percnt] 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[percnt] 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[percnt] based on the total chromium enrichment factor 
must be used in this calculation.

     Submit certification of compliance.
     Steps 2-4 must be repeated for recertification, 
which is required once every 3 years (see Sec. 266.103(d)).
    (5) Monitor metal concentrations in kiln dust for continuing 
compliance, and maintain compliance with all compliance limits for the 
duration of interim status.
     Metals to be monitored during compliance testing 
are classified as either ``critical'' or ``noncritical'' metals.
--All metals must initially be classified as ``critical'' metals and be 
monitored on a daily basis.
--A ``critical'' metal may be reclassified as a ``noncritical'' metal if 
its concentration in the kiln dust remains below 10% of its 
``conservative'' kiln dust metal concentration limit for 30 consecutive 
daily samples. ``Noncritical'' metals must be monitored on a weekly 
basis.
--A ``noncritical'' metal must be reclassified as a ``critical'' metal 
if its concentration in the kiln dust is above 10% of its 
``conservative'' kiln dust metal concentration limit for any single 
daily or weekly sample.

     Noncompliance with the sampling and analysis 
schedule prescribed by this method is a violation of the metals controls 
under Sec. 266.103.
     Follow the sampling, compositing, and analytical 
procedures described in this method and in other appropriate methods, as 
they pertain to the condition and accessibility of the kiln dust.
     Follow the same procedures and sample at the same 
locations as were used for kiln dust samples collected to determine the 
enrichment factors (as discussed in Step 2).
     Samples must be collected at least once every 8 
hours, and a daily composite must be prepared according to appropriate 
procedures.
--At least one composite sample is required. This sample is referred to 
as the ``required'' sample.
--For QA/QC purposes, a facility may elect to collect two or more 
additional samples. These samples are referred to as the ``spare'' 
samples. These additional samples must be collected over the same time 
period and according to the same procedures as those used for the 
``required'' sample.
--Samples for ``critical'' metals must be daily composites.
--Samples for ``noncritical'' metals must be weekly composites. These 
samples can be composites of the original 8-hour samples, or they can be 
composites of daily composite samples.
     Analyze the ``required'' sample to determine the 
concentration of each metal.
--This analysis must be completed within 48 hours of the close of the 
sampling period. Failure to meet this schedule is a violation of the 
metals standards of Sec. 266.103.

     If the ``conservative'' kiln dust metal 
concentration limit is exceeded for any metal, refer to Step 8.
     If the ``conservative'' kiln dust metal 
concentration limit is not exceeded, continue with the daily or weekly 
monitoring (Step 5) for the duration of interim status.
     Conduct quarterly enrichment factor verification 
tests, as described in Step 6.
    (6) Conduct quarterly enrichment factor verification tests.
     After certification of compliance with the metals 
standards, a facility must conduct quarterly enrichment factor 
verification tests every three months for the

[[Page 113]]

duration of interim status. The first quarterly test must be completed 
within three months of certification (or recertification). Each 
subsequent quarterly test must be completed within three months of the 
preceding quarterly test. Failure to meet this schedule is a violation.
     Simultaneous stack samples and kiln dust samples 
must be collected.
     Follow the same procedures and sample at the same 
locations as were used for kiln dust samples and stack samples collected 
to determine the enrichment factors (as discussed in Step 2).
     At least three single (noncomposited) runs are 
required. These tests need not be conducted under the operating 
conditions of the initial compliance test; however, the facility must 
operate under the following conditions:
--It must operate at compliance test production rate.
--It must burn hazardous waste during the test, and for the 2-day period 
immediately preceding the test, such that the feedrate of each metal for 
pumpable and total hazardous wastes consist of at least 25% of the 
operating limits established during the compliance test.
--It must remain in compliance with all compliance parameters (see Sec. 
266.103(c)(1)).
--It must follow a normal schedule of kiln dust recharging.
--It must generate normal marketable product from normal raw materials 
during the tests.

    (7) Conduct a statistical test to determine if the enrichment 
factors measured in the quarterly verification tests have increased 
significantly from the enrichment factors determined in the tests 
conducted in Step 2. The enrichment factors have increased significantly 
if all three of the following criteria are met:
     By applying the t-test described in appendix A, 
it is determined that the enrichment factors measured in the quarterly 
tests are not taken from the same population as the enrichment factors 
measured in the Step 2 tests;
     The EF95[percnt] 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[percnt] 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[percnt].
    If the enrichment factors have increased significantly, the tests to 
determine the enrichment factors must be repeated (refer to Step 11). If 
the enrichment factors have not increased significantly, continue to use 
the kiln dust metal concentration limits based on the enrichment factors 
previously measured in Step 2, and continue with the daily and/or weekly 
monitoring described in Step 5.
    (8) If the ``conservative'' kiln dust metal concentration limit was 
exceeded for any metal in any single analysis of the ``required'' kiln 
dust sample, the ``spare'' samples corresponding to the same period may 
be analyzed to determine if the exceedance was due to a sampling or 
analysis error.
     If no ``spare'' samples were taken, refer to Step 
9.
     If the average of all the samples for a given day 
(or week, as applicable) (including the ``required'' sample and the 
``spare'' samples) does not exceed the ``conservative'' kiln dust metal 
concentration limit, no corrective measures are necessary; continue with 
the daily and/or weekly monitoring as described in Step 5.
     If the average of all the samples for a given day 
(or week, as applicable) exceeds the ``conservative'' kiln dust metal 
concentration limit, but the average of the ``spare'' samples is below 
the ``conservative'' kiln dust metal concentration limit, apply the Q-
test, described in appendix A, to determine whether the ``required'' 
sample concentration can be judged as an outlier.
--If the ``required'' sample concentration is judged an outlier, no 
corrective measures are necessary; continue with the daily and/or weekly 
monitoring described in Step 5.
--If the ``required'' sample concentration is not judged an outlier, 
refer to Step 9.

    (9) Determine if the ``violation'' kiln dust metal concentration has 
been exceeded based on either the average of all the samples collected 
during the 24-hour period in question, or if discarding an outlier can 
be statistically justified by the Q-test described in appendix A, on the 
average of the remaining samples.
     If the ``violation'' kiln dust metal 
concentration limit has been exceeded, a violation of the metals 
controls under Sec. 266.103(c) has occurred. Notify the Director that a 
violation has occurred. Hazardous waste may be burned for testing 
purposes for up to 720 operating hours to support a revised 
certification of compliance. Note that the Director may grant an 
extension of the hours of hazardous waste burning under Sec. 
266.103(c)(7) if additional burning time is needed to support a revised 
certification for reasons beyond the control of the owner or operator. 
Until a revised certification of compliance is submitted to the 
Director, the feedrate of the metals in violation in total and pumpable 
hazardous waste feeds is limited to 50% of the previous compliance test 
limits.
     If the ``violation'' kiln dust metal 
concentration has not been exceeded:
--If the exceedance occurred in a daily composite sample, refer to Step 
10.

[[Page 114]]

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

    (10) Determine if the ``conservative'' kiln dust metal concentration 
limit has been exceeded more than three times in the last 60 days.
     If not, log this exceedance and continue with the 
daily and/or weekly monitoring (Step 5).
     If so, the tests to determine the enrichment 
factors must be repeated (refer to Step 11).
     This determination is made separately for each 
metal. For example,
--Three exceedances for each of the ten hazardous metals are allowed 
within any 60-day period.
--Four exceedances of any single metal in any 60-day period is not 
allowed.

     This determination should be made daily, 
beginning on the first day of daily monitoring. For example, if four 
exceedances of any single metal occur in the first four days of daily 
monitoring, do not wait until the end of the 60-day period; refer 
immediately to Step 11.
    (11) The tests to determine the enrichment factor must be repeated 
if: (1) More than three exceedances of the ``conservative'' kiln dust 
metal concentration limit occur within any 60 consecutive daily samples; 
(2) an excursion of the ``conservative'' kiln dust metal concentration 
limit occurs in any weekly sample; or (3) a quarterly test indicates 
that the enrichment factors have increased significantly.
     The facility must notify the Director if these 
tests must be repeated.
     The facility has up to 720 hazardous-waste-
burning hours to redetermine the enrichment factors for the metal or 
metals in question and to recertify (beginning with a return to Step 2). 
During this period, the facility must reduce the feed rate of the metal 
in violation by 50%. If the facility has not completed the 
recertification process within this period, it must stop burning or 
obtain an extension. Hazardous waste burning may resume only when the 
recertification process (ending with Step 4) has been completed.
     Meanwhile, the facility must continue with daily 
kiln dust metals monitoring (Step 5) and must remain in compliance with 
the ``violation'' kiln dust metal concentration limits (Step 9).

                      10.6 Precompliance Procedures

    Cement kilns and other industrial furnaces that recycle emission 
control residue back into the furnace must comply with the same 
certification schedules and procedures (with the few exceptions 
described below) that apply to other boilers and industrial furnaces. 
These schedules and procedures, as set forth in Sec. 266.103, require 
no later than the effective date of the rule, each facility submit a 
certification which establishes precompliance limits for a number of 
compliance parameters (see Sec. 266.103(b)(3)), and that each facility 
immediately begin to operate under these limits.
    These precompliance limits must ensure that interim status emissions 
limits for hazardous metals, particulate matter, HCl, and Cl2 
are not likely to be exceeded. Determination of the values of the 
precompliance limits must be made based on either (1) conservative 
default assumptions provided in this Methods Manual, or (2) engineering 
judgement.
    The flowchart for implementing the precompliance procedures is shown 
in Figure 10.6-1. The step-by-step precompliance implementation 
procedure is described below. The precompliance implementation 
procedures and numbering scheme are similar to those used for the 
compliance procedures described in Subsection 10.5.
    (1) Prepare initial limits and test plans.
     Determine the Tier III metal emission limit. The 
Tier II metal emission limit may also be used (see 40 CFR 266.106).
     Determine the applicable PM emission standard. 
This standard is the most stringent particulate emission standard that 
applies to the facility. A facility may elect to restrict itself to an 
even more stringent self-imposed PM emission standard, particularly if 
the facility finds that it is easier to control particulate emissions 
than to reduce the kiln dust concentration of a certain metal (i.e., 
lead).
     Determine which metals need to be monitored 
(i.e., all hazardous metals for which Tier III emission limits are lower 
than PM emission limits, assuming PM is pure metal).
     Follow appropriate procedures for preparing waste 
analysis plans for the following tasks:
--Analysis of hazardous waste feedstreams.
--Daily and/or weekly monitoring of kiln dust concentrations for 
continuing compliance.

    (2) Determine the ``safe'' enrichment factor for precompliance. In 
this context, the ``safe'' enrichment factor is a conservatively high 
estimate of the enrichment factor (the ratio of the emitted metal 
concentration to the metal concentration in the collected kiln dust). 
The ``safe'' enrichment factor must be calculated from either 
conservative default values, or engineering judgement.

[[Page 115]]

[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 116]]

     Calculate the ``conservative'' dust metal 
concentration limit (DMCLc) using Equation 5.
     Submit certification of precompliance. This 
certification must include precompliance limits for all compliance 
parameters that apply to other boilers and industrial furnaces (i.e., 
those that do not recycle emission control residue back into the 
furnace) as listed in Sec. 266.103(b)(3), except that it is not 
necessary to set precompliance limits on maximum feedrate of each 
hazardous metal in all combined feedstreams.
     Furnaces that recycle collected PM back into the 
furnace (and that elect to comply with this method (see Sec. 
266.103(c)(3)(ii)) are subject to a special precompliance parameter, 
however. They must establish precompliance limits on the maximum 
concentration of each hazardous metal in collected kiln dust (which must 
be set according to the procedures described above).
    (5) Monitor metal concentration in kiln dust for continuing 
compliance, and maintain compliance with all precompliance limits until 
certification of compliance has been submitted.
     Metals to be monitored during precompliance 
testing are classified as either ``critical'' or ``noncritical'' metals.
--All metals must initially be classified as ``critical'' metals and be 
monitored on a daily basis.
--A ``critical'' metal may be reclassified as a ``noncritical'' metal if 
its concentration in the kiln dust remains below 10% of its 
``conservative'' kiln dust metal concentration limit for 30 consecutive 
daily samples. ``Noncritical'' metals must be monitored on a weekly 
basis, at a minimum.
--A ``noncritical'' metal must be reclassified as a ``critical'' metal 
if its concentration in the kiln dust is above 10% of its 
``conservative'' kiln dust metal concentration limit for any single 
daily or weekly sample.

     It is a violation if the facility fails to 
analyze the kiln dust for any ``critical'' metal on any single day or 
for any ``noncritical'' metal during any single week, when hazardous 
waste is burned.
     Follow the sampling, compositing, and analytical 
procedures described in this method and in other appropriate methods as 
they pertain to the condition and accessibility of the kiln dust.
     Samples must be collected at least once every 8 
hours, and a daily composite must be prepared according to appropriate 
procedures.
--At least one composite sample is required. This sample is referred to 
as the ``required'' sample.
--For QA/QC purposes, a facility may elect to collect two or more 
additional samples. These samples are referred to as the ``spare'' 
samples. These additional samples must be collected over the same time 
period and according to the same procedures as those used for the 
``required'' sample.
--Samples for ``critical'' metals must be daily composites.
--Samples for ``noncritical'' metals must be weekly composites, at a 
minimum. These samples can be composites of the original 8-hour samples, 
or they can be composites of daily composite samples.

     Analyze the ``required'' sample to determine the 
concentration of each metal.
--This analysis must be completed within 48 hours of the close of the 
sampling period. Failure to meet this schedule is a violation.

     If the ``conservative'' kiln dust metal 
concentration limit is exceeded for any metal, refer to Step 8.
     If the ``conservative'' kiln dust metal 
concentration limit is not exceeded, continue with the daily and/or 
weekly monitoring (Step 5) for the duration of interim status.
    (6) This step does not apply to precompliance procedures.
    (7) This step does not apply to precompliance procedures.
    (8) If the ``conservative'' kiln dust metal concentration limit was 
exceeded for any metal in any single analysis of the ``required'' kiln 
dust sample, the ``spare'' samples corresponding to the same period may 
be analyzed to determine if the exceedance is due to a sampling or 
analysis error.
     If no ``spare'' samples were taken, refer to Step 
9.
     If the average of all the samples for a given day 
(or week, as applicable) (including the ``required'' sample and the 
``spare'' samples) does not exceed the ``conservative'' kiln dust metal 
concentration limit, no corrective measures are necessary; continue with 
the daily and/or weekly monitoring as described in Step 5.
     If the average of all the samples for a given day 
(or week, as applicable) exceeds the ``conservative'' kiln dust metal 
concentration limit, but the average of the ``spare'' samples is below 
the ``conservative'' kiln dust metal concentration limit, apply the Q-
test, described in appendix A, to determine whether the ``required'' 
sample concentration can be judged as an outlier.
--If the ``required'' sample concentration is judged an outlier, no 
corrective measures are necessary; continue with the daily and/or weekly 
monitoring described in Step 5.
--If the ``required'' sample concentration is not judged an outlier, 
refer to Step 10.

    (9) This step does not apply to precompliance procedures.
    (10) Determine if the ``conservative'' kiln dust metal concentration 
limit has been exceeded more than three times in the last 60 days.

[[Page 117]]

     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).1

            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[percnt], 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[percnt]. Similarly, at the 99% confidence 
level, the enrichment factor, EF99[percnt], is statistically 
determined so there is only a 1% chance that the enrichment factor at 
any given time will be larger than EF99[percnt].
    For a large number of samples (n  30), 
EF95[percnt] is based on a normal distribution, and is equal 
to:

EF95[percnt]=EF+zc [sigma] (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[percnt] is 
based on the t-distribution and is equal to:

EF95[percnt]=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 118]]

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
[infin]...........................................      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 than 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
 9...............................................................   0.44
 10..............................................................   0.41
------------------------------------------------------------------------

      

[[Page 119]]

[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; 70 FR 34588, June 14, 2005; 71 FR 40277, July 14, 
2006; 74 FR 30231, June 25, 2009]



                 Sec. Appendix X to Part 266 [Reserved]



    Sec. 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]



Sec. 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]



   Sec. 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
6. Sweepings
7. Respiratory cartridge filters
8. Cleanup articles
9. Plastic bags and other contaminated containers
10. Laboratory and process control samples

[[Page 120]]

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 of mercury contained in soil

[59 FR 48042, Sept. 19, 1994, as amended at 71 FR 40278, July 14, 2006]



PART 267_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT--Table of Contents



                            Subpart A_General

Sec.
267.1 What are the purpose, scope and applicability of this part?
267.2 What is the relationship to interim status standards?
267.3 How does this part affect an imminent hazard action?

                  Subpart B_General Facility Standards

267.10 Does this subpart apply to me?
267.11 What must I do to comply with this subpart?
267.12 How do I obtain an identification number?
267.13 What are my waste analysis requirements?
267.14 What are my security requirements?
267.15 What are my general inspection requirements?
267.16 What training must my employees have?
267.17 What are the requirements for managing ignitable, reactive, or 
          incompatible wastes?
267.18 What are the standards for selecting the location of my facility?

                  Subpart C_Preparedness and Prevention

267.30 Does this subpart apply to me?
267.31 What are the general design and operation standards?
267.32 What equipment am I required to have?
267.33 What are the testing and maintenance requirements for the 
          equipment?
267.34 When must personnel have access to communication equipment or an 
          alarm system?
267.35 How do I ensure access for personnel and equipment during 
          emergencies?
267.36 What arrangements must I make with local authorities for 
          emergencies?

           Subpart D_Contingency Plan and Emergency Procedures

267.50 Does this subpart apply to me?
267.51 What is the purpose of the contingency plan and how do I use it?
267.52 What must be in the contingency plan?
267.53 Who must have copies of the contingency plan?
267.54 When must I amend the contingency plan?
267.55 What is the role of the emergency coordinator?
267.56 What are the required emergency procedures for the emergency 
          coordinator?
267.57 What must the emergency coordinator do after an emergency?
267.58 What notification and recordkeeping must I do after an emergency?

   Subpart E Manifest System, Recordkeeping, Reporting, and Notifying

267.70 Does this subpart apply to me?
267.71 Use of the manifest system.
267.72 Manifest discrepancies.
267.73 What information must I keep?
267.74 Who sees the records?
267.75 What reports must I prepare and to whom do I send them?
267.76 What notifications must I make?

          Subpart F_Releases from Solid Waste Management Units

267.90 Who must comply with this section?
267.91-267.100 [Reserved]
267.101 What must I do to address corrective action for solid waste 
          management units?

                            Subpart G_Closure

267.110 Does this subpart apply to me?
267.111 What general standards must I meet when I stop operating the 
          unit?
267.112 What procedures must I follow?
267.113 Will the public have the opportunity to comment on the plan?
267.114 [Reserved]
267.115 After I stop operating, how long until I must close?
267.116 What must I do with contaminated equipment, structure, and 
          soils?
267.117 How do I certify closure?

                    Subpart H_Financial Requirements

267.140 Who must comply with this subpart, and briefly, what do they 
          have to do?
267.141 Definitions of terms as used in this subpart.
267.142 Cost estimate for closure.
267.143 Financial assurance for closure.
267.144-267.146 [Reserved]
267.147 Liability requirements.
267.148 Incapacity of owners or operators, guarantors, or financial 
          institutions.
267.149 [Reserved]
267.150 State assumption of responsibility.
267.151 Wording of the instruments

[[Page 121]]

               Subpart I_Use and Management of Containers

267.170 Does this subpart apply to me?
267.171 What standards apply to the containers?
267.172 What are the inspection requirements?
267.173 What standards apply to the container storage areas?
267.174 What special requirements must I meet for ignitable or reactive 
          waste?
267.175 What special requirements must I meet for incompatible wastes?
267.176 What must I do when I want to stop using the containers?
267.177 What air emission standards apply?

                         Subpart J_Tank Systems

267.190 Does this subpart apply to me?
267.191 What are the required design and construction standards for new 
          tank systems or components?
267.192 What handling and inspection procedures must I follow during 
          installation of new tank systems?
267.193 What testing must I do?
267.194 What installation requirements must I follow?
267.195 What are the secondary containment requirements?
267.196 What are the required devices for secondary containment and what 
          are their design, operating and installation requirements?
267.197 What are the requirements for ancillary equipment?
267.198 What are the general operating requirements for my tank systems?
267.199 What inspection requirements must I meet?
267.200 What must I do in case of a leak or a spill?
267.201 What must I do when I stop operating the tank system?
267.202 What special requirements must I meet for ignitable or reactive 
          wastes?
267.203 What special requirements must I meet for incompatible wastes?
267.204 What air emission standards apply?

Subparts K Through CC [Reserved]

                    Subpart DD_Containment buildings

267.1100 Does this subpart apply to me?
267.1101 What design and operating standards must my containment 
          building meet?
267.1102 What other requirements must I meet to prevent releases?
267.1103 What additional design and operating standards apply if liquids 
          will be in my containment building?
267.1104 How may I obtain a waiver from secondary containment 
          requirements?
267.1105 What do I do if my containment building contains areas both 
          with and without secondary containment?
267.1106 What do I do if I detect a release?
267.1107 Can a containment building itself be considered secondary 
          containment?
267.1108 What must I do when I stop operating the containment building?

    Authority: 42 U.S.C. 6902, 6912(a), 6924-6926, and 6930.

    Source: 70 FR 53453, Sept. 8, 2005, unless otherwise noted.



                            Subpart A_General



Sec. 267.1  What are the purpose, scope and applicability of this part?

    (a) The purpose of this part is to establish minimum national 
standards which define the acceptable management of hazardous waste 
under a 40 CFR part 270, subpart J standardized permit.
    (b) This part applies to owners and operators of facilities who 
treat or store hazardous waste under a 40 CFR part 270, subpart J 
standardized permit, except as provided otherwise in 40 CFR part 261, 
subpart A, or 40 CFR 264.1(f) and (g).



Sec. 267.2  What is the relationship to interim status standards?

    If you are a facility owner or operator who has fully complied with 
the requirements for interim status--as defined in section 3005(e) of 
RCRA and regulations under 40 CFR 270.70--you must comply with the 
regulations specified in 40 CFR part 265 instead of the regulations in 
this part, until final administrative disposition of the standardized 
permit application is made, except as provided under 40 CFR part 264, 
subpart S.



Sec. 267.3  How does this part affect an imminent hazard action?

    Notwithstanding any other provisions of this part, enforcement 
actions may be brought pursuant to section 7003 of RCRA.



                  Subpart B_General Facility Standards



Sec. 267.10  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
treats or

[[Page 122]]

stores hazardous waste under a 40 CFR part 270, subpart J standardized 
permit, except as provided in Sec. 267.1(b).



Sec. 267.11  What must I do to comply with this subpart?

    To comply with this subpart, you must obtain an identification 
number, and follow the requirements below for waste analysis, security, 
inspections, training, special waste handling, and location standards.



Sec. 267.12  How do I obtain an identification number?

    You must apply to EPA for an EPA identification number following the 
EPA notification procedures and using EPA form 8700-12. You may obtain 
information and required forms from your state hazardous waste 
regulatory agency or from your EPA regional office.



Sec. 267.13  What are my waste analysis requirements?

    (a) Before you treat or store any hazardous wastes, you must obtain 
a detailed chemical and physical analysis of a representative sample of 
the wastes. At a minimum, the analysis must contain all the information 
needed to treat or store the waste to comply with this part and 40 CFR 
part 268.
    (1) You may include data in the analysis that was developed under 40 
CFR part 261, and published or documented data on the hazardous waste or 
on hazardous waste generated from similar processes.
    (2) You must repeat the analysis as necessary to ensure that it is 
accurate and up to date. At a minimum, you must repeat the analysis if 
the process or operation generating the hazardous wastes has changed.
    (b) You must develop and follow a written waste analysis plan that 
describes the procedures you will follow to comply with paragraph (a) of 
this section. You must keep this plan at the facility. If you receive 
wastes generated from off-site, and are eligible for a standardized 
permit, you also must have submitted the waste analysis plan with the 
Notice of Intent. At a minimum, the plan must specify all of the 
following:
    (1) The hazardous waste parameters that you will analyze and the 
rationale for selecting these parameters (that is, how analysis for 
these parameters will provide sufficient information on the waste's 
properties to comply with paragraph (a) of this section).
    (2) The test methods you will use to test for these parameters.
    (3) The sampling method you will use to obtain a representative 
sample of the waste to be analyzed. You may obtain a representative 
sample using either:
    (i) One of the sampling methods described in appendix I of 40 CFR 
part 261; or
    (ii) An equivalent sampling method.
    (4) How frequently you will review or repeat the initial analysis of 
the waste to ensure that the analysis is accurate and up to date.
    (5) Where applicable, the methods you will use to meet the 
additional waste analysis requirements for specific waste management 
methods as specified in 40 CFR 264.17, 264.1034(d), 264.1063(d), and 
264.1083.



Sec. 267.14  What are my security requirements?

    (a) You must prevent, and minimize the possibility for, livestock 
and unauthorized people from entering the active portion of your 
facility.
    (b) Your facility must have:
    (1) A 24-hour surveillance system (for example, television 
monitoring or surveillance by guards or facility personnel) that 
continuously monitors and controls entry onto the active portion of the 
facility; or
    (2) An artificial or natural barrier (for example, a fence in good 
repair or a fence combined with a cliff) that completely surrounds the 
active portion of the facility; and
    (3) A means to control entry, at all times, through the gates or 
other entrances to the active portion of the facility (for example, an 
attendant, television monitors, locked entrance, or controlled roadway 
access to the facility).
    (c) You must post a sign at each entrance to the active portion of a 
facility, and at other prominent locations, in sufficient numbers to be 
seen from any approach to this active portion.

[[Page 123]]

The sign must bear the legend ``Danger--Unauthorized Personnel Keep 
Out.'' The legend must be in English and in any other language 
predominant in the area surrounding the facility (for example, 
facilities in counties bordering the Canadian province of Quebec must 
post signs in French, and facilities in counties bordering Mexico must 
post signs in Spanish), and must be legible from a distance of at least 
25 feet. You may use existing signs with a legend other than ``Danger--
Unauthorized Personnel Keep Out'' if the legend on the sign indicates 
that only authorized personnel are allowed to enter the active portion, 
and that entry onto the active portion can be dangerous.



Sec. 267.15  What are my general inspection requirements?

    (a) You must inspect your facility for malfunctions and 
deterioration, operator errors, and discharges that may be causing, or 
may lead to:
    (1) Release of hazardous waste constituents to the environment; or
    (2) A threat to human health. You must conduct these inspections 
often enough to identify problems in time to correct them before they 
result in harm to human health or the environment.
    (b) You must develop and follow a written schedule for inspecting, 
monitoring equipment, safety and emergency equipment, security devices, 
and operating and structural equipment (such as dikes and sump pumps) 
that are important to preventing, detecting, or responding to 
environmental or human health hazards.
    (1) You must keep this schedule at the facility.
    (2) The schedule must identify the equipment and devices you will 
inspect and what problems you look for, such as malfunctions or 
deterioration of equipment (for example, inoperative sump pump, leaking 
fitting, etc.).
    (3) The frequency of your inspections may vary for the items on the 
schedule. However, the frequency should be based on the rate of 
deterioration of the equipment and the probability of an environmental 
or human health incident if the deterioration, malfunction, or any 
operator error goes undetected between inspections. Areas subject to 
spills, such as loading and unloading areas, must be inspected daily 
when in use. At a minimum, the inspection schedule must include the 
items and frequencies required in Sec. Sec. 267.174, 267.193, 267.195, 
267.1103, and 40 CFR 264.1033, 264.1052, 264.1053, 264.1058, and 
264.1083 through 264.1089, where applicable.
    (c) You must remedy any deterioration or malfunction of equipment or 
structures that the inspection reveals in time to prevent any 
environmental or human health hazard. Where a hazard is imminent or has 
already occurred, you must take remedial action immediately.
    (d) You must record all inspections. You must keep these records for 
at least three years from the date of inspection. At a minimum, you must 
include the date and time of the inspection, the name of the inspector, 
a notation of the observations made, and the date and nature of any 
repairs or other remedial actions.



Sec. 267.16  What training must my employees have?

    (a) Your facility personnel must successfully complete a program of 
classroom instruction or on-the-job training that teaches them to 
perform their duties in a way that ensures the facility's compliance 
with the requirements of this part. You must ensure that this program 
includes all the elements described in the documents that are required 
under paragraph (d)(3) of this section.
    (1) A person trained in hazardous waste management procedures must 
direct this program, and must teach facility personnel hazardous waste 
management procedures (including contingency plan implementation) 
relevant to their employment positions.
    (2) At a minimum, the training program must be designed to ensure 
that facility personnel are able to respond effectively to emergencies 
by including instruction on emergency procedures, emergency equipment, 
and emergency systems, including all of the following, where applicable:
    (i) Procedures for using, inspecting, repairing, and replacing 
facility emergency and monitoring equipment

[[Page 124]]

    (ii) Key parameters for automatic waste feed cut-off systems.
    (iii) Communications or alarm systems.
    (iv) Response to fires or explosions.
    (v) Response to ground water contamination incidents.
    (vi) Shutdown of operations.
    (b) Facility personnel must successfully complete the program 
required in paragraph (a) of this section within six months after the 
date of their employment or assignment to a facility, or to a new 
position at a facility, whichever is later. Employees hired after the 
effective date of your standardized permit must not work in unsupervised 
positions until they have completed the training requirements of 
paragraph (a) of this section.
    (c) Facility personnel must take part in an annual review of the 
initial training required in paragraph (a) of this section.
    (d) You must maintain the following documents and records at your 
facility:
    (1) The job title for each position at the facility related to 
hazardous waste management, and the name of the employee filling each 
job;
    (2) A written job description for each position listed under 
paragraph (d)(1) of this section. This description must include the 
requisite skill, education, or other qualifications, and duties of 
employees assigned to each position;
    (3) A written description of the type and amount of both 
introductory and continuing training that will be given to each person 
filling a position listed under paragraph (d)(1) of this section;
    (4) Records that document that facility personnel have received and 
completed the training or job experience required under paragraphs (a), 
(b), and (c) of this section.
    (e) You must keep training records on current personnel until your 
facility closes. You must keep training records on former employees for 
at least three years from the date the employee last worked at your 
facility. Personnel training records may accompany personnel transferred 
within your company.



Sec. 267.17  What are the requirements for managing ignitable, reactive, or incompatible wastes?

    (a) You must take precautions to prevent accidental ignition or 
reaction of ignitable or reactive waste by following these requirements:
    (1) You must separate these wastes and protect them from sources of 
ignition or reaction such as: open flames, smoking, cutting and welding, 
hot surfaces, frictional heat, sparks (static, electrical, or 
mechanical), spontaneous ignition (for example, from heat-producing 
chemical reactions), and radiant heat.
    (2) While ignitable or reactive waste is being handled, you must 
confine smoking and open flames to specially designated locations.
    (3) ``No Smoking'' signs must be conspicuously placed wherever there 
is a hazard from ignitable or reactive waste.
    (b) If you treat or store ignitable or reactive waste, or mix 
incompatible waste or incompatible wastes and other materials, you must 
take precautions to prevent reactions that:
    (1) Generate extreme heat or pressure, fire or explosions, or 
violent reactions.
    (2) Produce uncontrolled toxic mists, fumes, dusts, or gases in 
sufficient quantities to threaten human health or the environment.
    (3) Produce uncontrolled flammable fumes or gases in sufficient 
quantities to pose a risk of fire or explosions.
    (4) Damage the structural integrity of the device or facility.
    (5) Threaten human health or the environment in any similar way.
    (c) You must document compliance with paragraph (a) or (b) of this 
section. You may base this documentation on references to published 
scientific or engineering literature, data from trial tests (for example 
bench scale or pilot scale tests), waste analyses (as specified in Sec. 
267.13), or the results of the treatment of similar wastes by similar 
treatment processes and under similar operating conditions.



Sec. 267.18  What are the standards for selecting the location of my facility?

    (a) You may not locate portions of new facilities where hazardous 
waste

[[Page 125]]

will be treated or stored within 61 meters (200 feet) of a fault that 
has had displacement in Holocene time.
    (1) ``Fault'' means a fracture along which rocks on one side have 
been displaced with respect to those on the other side.
    (2) ``Displacement'' means the relative movement of any two sides of 
a fault measured in any direction.
    (3) ``Holocene'' means the most recent epoch of the Quaternary 
period, extending from the end of the Pleistocene to the present.

    Note to paragraph (a)(3): Procedures for demonstrating compliance 
with this standard are specified in 40 CFR 270.14(b)(11). Facilities 
which are located in political jurisdictions other than those listed in 
appendix VI of 40 CFR part 264, are assumed to be in compliance with 
this requirement.

    (b) If your facility is located in a 100-year flood plain, it must 
be designed, constructed, operated, and maintained to prevent washout of 
any hazardous waste by a 100-year flood.
    (1) ``100-year flood plain'' means any land area that is subject to 
a one percent or greater chance of flooding in any given year from any 
source.
    (2) ``Washout'' means the movement of hazardous waste from the 
active portion of the facility as a result of flooding.
    (3) ``100-year flood'' means a flood that has a one percent chance 
of being equaled or exceeded in any given year.



                  Subpart C_Preparedness and Prevention



Sec. 267.30  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
treats or stores hazardous waste under a 40 CFR part 270, subpart J 
standardized permit, except as provided in Sec. 267.1(b).



Sec. 267.31  What are the general design and operation standards?

    You must design, construct, maintain, and operate your facility to 
minimize the possibility of a fire, explosion, or any unplanned sudden 
or non-sudden release of hazardous waste or hazardous waste constituents 
to air, soil, or surface water that could threaten human health or the 
environment.



Sec. 267.32  What equipment am I required to have?

    Your facility must be equipped with all of the following, unless 
none of the hazards posed by waste handled at the facility could require 
a particular kind of equipment specified below:
    (a) An internal communications or alarm system capable of providing 
immediate emergency instruction (voice or signal) to facility personnel.
    (b) A device, such as a telephone (immediately available at the 
scene of operations) or a hand-held two-way radio, capable of summoning 
emergency assistance from local police departments, fire departments, or 
State or local emergency response teams.
    (c) Portable fire extinguishers, fire control equipment (including 
special extinguishing equipment, such as that using foam, inert gas, or 
dry chemicals), spill control equipment, and decontamination equipment.
    (d) Water at adequate volume and pressure to supply water hose 
streams, or foam-producing equipment, or automatic sprinklers, or water 
spray systems.



Sec. 267.33  What are the testing and maintenance requirements for the equipment?

    You must test and maintain all required facility communications or 
alarm systems, fire protection equipment, spill control equipment, and 
decontamination equipment, as necessary, to assure its proper operation 
in time of emergency.



Sec. 267.34  When must personnel have access to communication equipment or an alarm system?

    (a) Whenever hazardous waste is being poured, mixed, spread, or 
otherwise handled, all personnel involved in the operation must have 
immediate access to an internal alarm or emergency communication device, 
either directly or through visual or voice contact with another 
employee, unless the device is not required under Sec. 267.32.
    (b) If just one employee is on the premises while the facility is 
operating, that person must have immediate access to a device, such as a 
telephone (immediately available at the scene of operation) or a hand-
held two-

[[Page 126]]

way radio, capable of summoning external emergency assistance, unless 
not required under Sec. 267.32.



Sec. 267.35  How do I ensure access for personnel and equipment during emergencies?

    You must maintain enough aisle space to allow the unobstructed 
movement of personnel, fire protection equipment, spill control 
equipment, and decontamination equipment to any area of facility 
operation in an emergency, as appropriate, considering the type of waste 
being stored or treated.



Sec. 267.36  What arrangements must I make with local authorities for emergencies?

    (a) You must attempt to make the following arrangements, as 
appropriate, for the type of waste handled at your facility and the 
potential need for the services of these organizations:
    (1) Arrangements to familiarize police, fire departments, and 
emergency response teams with the layout of the facility, properties of 
hazardous waste handled at the facility and associated hazards, places 
where facility personnel would normally be working, entrances to and 
roads inside the facility, and possible evacuation routes.
    (2) Agreements designating primary emergency authority to a specific 
police and a specific fire department where more than one police and 
fire department might respond to an emergency, and agreements with any 
others to provide support to the primary emergency authority.
    (3) Agreements with State emergency response teams, emergency 
response contractors, and equipment suppliers.
    (4) Arrangements to familiarize local hospitals with the properties 
of hazardous waste handled at the facility and the types of injuries or 
illnesses that could result from fires, explosions, or releases at the 
facility.
    (b) If State or local authorities decline to enter into such 
arrangements, you must document the refusal in the operating record.



           Subpart D_Contingency Plan and Emergency Procedures



Sec. 267.50  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
treats or stores hazardous waste under a 40 CFR part 270, subpart J 
standardized permit, except as provided in Sec. 267.1(b).



Sec. 267.51  What is the purpose of the contingency plan and how do I use it?

    (a) You must have a contingency plan for your facility. You must 
design the plan to minimize hazards to human health or the environment 
from fires, explosions, or any unplanned sudden or non-sudden release of 
hazardous waste or hazardous waste constituents to air, soil, or surface 
water.
    (b) You must implement the provisions of the plan immediately 
whenever there is a fire, explosion, or release of hazardous waste or 
hazardous waste constituents which could threaten human health or the 
environment.



Sec. 267.52  What must be in the contingency plan?

    (a) Your contingency plan must:
    (1) Describe the actions facility personnel will take to comply with 
Sec. Sec. 267.51 and 267.56 in response to fires, explosions, or any 
unplanned sudden or non-sudden release of hazardous waste or hazardous 
waste constituents to air, soil, or surface water at the facility.
    (2) Describe all arrangements agreed upon under Sec. 267.36 by 
local police departments, fire departments, hospitals, contractors, and 
state and local emergency response teams to coordinate emergency 
services.
    (3) List names, addresses, and phone numbers (office and home) of 
all persons qualified to act as emergency coordinator (see Sec. 
267.55), and you must keep the list up to date. Where more than one 
person is listed, one must be named as primary emergency coordinator and 
others must be listed in the order in which they will assume 
responsibility as alternates.
    (4) Include a current list of all emergency equipment at the 
facility (such as fire extinguishing systems, spill control equipment, 
communications and alarm systems (internal and external),

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and decontamination equipment), where this equipment is required. In 
addition, you must include the location and a physical description of 
each item on the list, and a brief outline of its capabilities.
    (5) Include an evacuation plan for facility personnel where there is 
a possibility that evacuation could be necessary. You must describe 
signal(s) to be used to begin evacuation, evacuation routes, and 
alternate evacuation routes (in cases where the primary routes could be 
blocked by releases of hazardous waste or fires).
    (b) If you have already prepared a Spill Prevention, Control, and 
Countermeasures (SPCC) Plan under 40 CFR part 112, or some other 
emergency or contingency plan, you need only amend that plan to 
incorporate hazardous waste management provisions that will comply with 
the requirements of this part.



Sec. 267.53  Who must have copies of the contingency plan?

    (a) You must maintain a copy of the plan with all revisions at the 
facility; and
    (b) You must submit a copy with all revisions to all local police 
departments, fire departments, hospitals, and state and local emergency 
response teams that may be called upon to provide emergency services.



Sec. 267.54  When must I amend the contingency plan?

    You must review, and immediately amend the contingency plan, if 
necessary, whenever:
    (a) The facility permit is revised.
    (b) The plan fails in an emergency.
    (c) You change the facility (in its design, construction, operation, 
maintenance, or other circumstances) in a way that materially increases 
the potential for fires, explosions, or releases of hazardous waste or 
hazardous waste constituents, or changes the response necessary in an 
emergency.
    (d) You change the list of emergency coordinators.
    (e) You change the list of emergency equipment.



Sec. 267.55  What is the role of the emergency coordinator?

    At least one employee must be either on the facility premises or on 
call at all times (that is, available to respond to an emergency by 
reaching the facility within a short period of time) who has the 
responsibility for coordinating all emergency response measures. This 
emergency coordinator must be thoroughly familiar with all aspects of 
the facility's contingency plan, all operations and activities at the 
facility, the location and characteristics of waste handled, the 
location of all records within the facility, and the facility layout. In 
addition, this person must have the authority to commit the resources 
needed to carry out the contingency plan.



Sec. 267.56  What are the required emergency procedures for the emergency coordinator?

    (a) Whenever there is an imminent or actual emergency situation, the 
emergency coordinator (or his designee when the emergency coordinator is 
on call) must immediately:
    (1) Activate internal facility alarm or communication systems, where 
applicable, to notify all facility personnel, and
    (2) Notify appropriate State or local agencies with designated 
response roles if their help is needed.
    (b) Whenever there is a release, fire, or explosion, the emergency 
coordinator must:
    (1) Immediately identify the character, exact source, amount, and 
areal extent of any released materials. He may do this by observation or 
review of facility records or manifests, and, if necessary, by chemical 
analysis.
    (2) Assess possible hazards to human health or the environment that 
may result from the release, fire, or explosion. This assessment must 
consider both direct and indirect effects of the release, fire, or 
explosion. For example, the assessment would consider the effects of any 
toxic, irritating, or asphyxiating gases that are generated, or the 
effects of any hazardous surface water run-off from water or chemical 
agents used to control fire and heat-induced explosions.

[[Page 128]]

    (c) If the emergency coordinator determines that the facility has 
had a release, fire, or explosion which could threaten human health, or 
the environment, outside the facility, he must report his findings as 
follows:
    (1) If his assessment indicates that evacuation of local areas may 
be advisable, he must immediately notify appropriate local authorities. 
He must be available to help appropriate officials decide whether local 
areas should be evacuated; and
    (2) He must immediately notify either the government official 
designated as the on-scene coordinator for that geographical area, or 
the National Response Center (using their 24-hour toll-free number 800/ 
424-8802). The report must include:
    (i) Name and telephone number of the reporter.
    (ii) Name and address of facility.
    (iii) Time and type of incident (for example, a release or a fire).
    (iv) Name and quantity of material(s) involved, to the extent known.
    (v) The extent of injuries, if any.
    (vi) The possible hazards to human health or the environment outside 
the facility.
    (d) During an emergency, the emergency coordinator must take all 
reasonable measures necessary to ensure that fires, explosions, and 
releases do not occur, recur, or spread to other hazardous waste at the 
facility. These measures must include, where applicable, stopping 
processes and operations, collecting and containing release waste, and 
removing or isolating containers.
    (e) If the facility stops operations in response to a fire, 
explosion, or release, the emergency coordinator must monitor for leaks, 
pressure buildup, gas generation, or ruptures in valves, pipes, or other 
equipment, when appropriate.



Sec. 267.57  What must the emergency coordinator do after an emergency?

    (a) Immediately after an emergency, the emergency coordinator must 
provide for treating, storing, or disposing of recovered waste, 
contaminated soil or surface water, or any other material that results 
from a release, fire, or explosion at the facility.
    (b) The emergency coordinator must ensure that, in the affected 
area(s) of the facility:
    (1) No waste that may be incompatible with the released material is 
treated, stored, or disposed of until cleanup procedures are completed.
    (2) All emergency equipment listed in the contingency plan is 
cleaned and fit for its intended use before operations are resumed.



Sec. 267.58  What notification and recordkeeping must I do after an emergency?

    (a) You must notify the Regional Administrator, and appropriate 
State and local authorities, that the facility is in compliance with 
Sec. 267.57(b) before operations are resumed in the affected area(s) of 
the facility.
    (b) You must note the time, date, and details of any incident that 
requires implementing the contingency plan in the operating record. 
Within 15 days after the incident, you must submit a written report on 
the incident to the Regional Administrator. You must include the 
following in the report:
    (1) The name, address, and telephone number of the owner or 
operator.
    (2) The name, address, and telephone number of the facility.
    (3) The date, time, and type of incident (e.g., fire, explosion).
    (4) The name and quantity of material(s) involved.
    (5) The extent of injuries, if any.
    (6) An assessment of actual or potential hazards to human health or 
the environment, where this is applicable.
    (7) The estimated quantity and disposition of recovered material 
that resulted from the incident.



            Subpart E_Recordkeeping, Reporting, and Notifying



Sec. 267.70  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
stores or non-thermally treats a hazardous waste under a 40 CFR part 
270, subpart J standardized permit, except as provided in Sec. 
267.1(b). In addition, you must comply with the manifest requirements of 
40 CFR part 262 whenever a shipment of hazardous waste is initiated from 
your facility.

[[Page 129]]



Sec. 267.71  Use of the manifest system.

    (a) If a facility receives hazardous waste accompanied by a 
manifest, the owner or operator, or his agent, must:
    (1) Sign and date each copy of the manifest to certify that the 
hazardous waste covered by the manifest was received;
    (2) Note any significant discrepancies in the manifest (as defined 
in Sec. 267.72(a)) on each copy of the manifest;
    (3) Immediately give the transporter at least one copy of the signed 
manifest;
    (4) Within 30 days after the delivery, send a copy of the manifest 
to the generator; and
    (5) Retain at the facility a copy of each manifest for at least 
three years from the date of delivery.
    (b) If a facility receives, from a rail or water (bulk shipment) 
transporter, hazardous waste which is accompanied by a shipping paper 
containing all the information required on the manifest (excluding the 
EPA identification numbers, generator's certification, and signatures), 
the owner or operator, or his agent, must:
    (1) Sign and date each copy of the manifest or shipping paper (if 
the manifest has not been received) to certify that the hazardous waste 
covered by the manifest or shipping paper was received;
    (2) Note any significant discrepancies (as defined in Sec. 
267.72(a)) in the manifest or shipping paper (if the manifest has not 
been received) on each copy of the manifest or shipping paper. Note that 
the Agency does not intend that the owner or operator of a facility 
whose procedures under Sec. 267.13(c) include waste analysis must 
perform that analysis before signing the shipping paper and giving it to 
the transporter. Section 267.72(b), however, requires reporting an 
unreconciled discrepancy discovered during later analysis.
    (3) Immediately give the rail or water (bulk shipment) transporter 
at least one copy of the manifest or shipping paper (if the manifest has 
not been received);
    (4) Within 30 days after the delivery, send a copy of the signed and 
dated manifest to the generator; however, if the manifest has not been 
received within 30 days after delivery, the owner or operator, or his 
agent, must send a copy of the shipping paper signed and dated to the 
generator. Note that Sec. 262.23(c) of this chapter requires the 
generator to send three copies of the manifest to the facility when 
hazardous waste is sent by rail or water (bulk shipment); and
    (5) Retain at the facility a copy of the manifest and shipping paper 
(if signed in lieu of the manifest at the time of delivery) for at least 
three years from the date of delivery.
    (c) Whenever a shipment of hazardous waste is initiated from a 
facility, the owner or operator of that facility must comply with the 
requirements of part 262 of this chapter. The Agency notes that the 
provisions of Sec. 262.34 are applicable to the on-site accumulation of 
hazardous wastes by generators. Therefore, the provisions of Sec. 
262.34 only apply to owners or operators who are shipping hazardous 
waste which they generated at that facility.
    (d) Within three working days of the receipt of a shipment subject 
to 40 CFR part 262, subpart H, the owner or operator of the facility 
must provide a copy of the tracking document bearing all required 
signatures to the notifier, to the Office of Enforcement and Compliance 
Assurance, Office of Compliance, Enforcement Planning, Targeting and 
Data Division (2222A), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, and to competent 
authorities of all other concerned countries. The original copy of the 
tracking document must be maintained at the facility for at least three 
years from the date of signature.



Sec. 267.72  Manifest discrepancies.

    (a) Manifest discrepancies are differences between the quantity or 
type of hazardous waste designated on the manifest or shipping paper, 
and the quantity or type of hazardous waste a facility actually 
receives. Significant discrepancies in quantity are:
    (1) For bulk waste, variations greater than 10 percent in weight; 
and
    (2) For batch waste, any variation in piece count, such as a 
discrepancy of one drum in a truckload. Significant

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discrepancies in type are obvious differences which can be discovered by 
inspection or waste analysis, such as waste solvent substituted for 
waste acid, or toxic constituents not reported on the manifest or 
shipping paper.
    (b) Upon discovering a significant discrepancy, the owner or 
operator must attempt to reconcile the discrepancy with the waste 
generator or transporter (e.g., with telephone conversations). If the 
discrepancy is not resolved within 15 days after receiving the waste, 
the owner or operator must immediately submit to the Regional 
Administrator a letter describing the discrepancy and attempts to 
reconcile it, and a copy of the manifest or shipping paper at issue.



Sec. 267.73  What information must I keep?

    (a) You must keep a written operating record at your facility.
    (b) You must record the following information, as it becomes 
available, and maintain the operating record until you close the 
facility:
    (1) A description and the quantity of each type of hazardous waste 
generated, and the method(s) and date(s) of its storage and/or treatment 
at the facility as required by Appendix I of 40 CFR part 264;
    (2) The location of each hazardous waste within the facility and the 
quantity at each location;
    (3) Records and results of waste analyses and waste determinations 
you perform as specified in Sec. Sec. 267.13, 267.17, and 40 CFR 
264.1034, 264.1063, 264.1083, and 268.7;
    (4) Summary reports and details of all incidents that require you to 
implement the contingency plan as specified in Sec. 267.58(b));
    (5) Records and results of inspections as required by Sec. 
267.15(d) (except you need to keep these data for only three years);
    (6) Monitoring, testing or analytical data, and corrective action 
when required by subpart F of this part and Sec. Sec. 267.191, 267.193, 
267.195, and 40 CFR 264.1034(c) through 264.1034(f), 264.1035, 
264.1063(d) through 264.1063(i), 264.1064, 264.1088, 264.1089, and 
264.1090;
    (7) All closure cost estimates under Sec. 267.142;
    (8) Your certification, at least annually, that you have a program 
in place to reduce the volume and toxicity of hazardous waste that you 
generate to the degree that you determine to be economically 
practicable; and that the proposed method of treatment or storage is 
that practicable method currently available to you that minimizes the 
present and future threat to human health and the environment;
    (9) For an on-site treatment facility, the information contained in 
the notice (except the manifest number), and the certification and 
demonstration, if applicable, required by you under 40 CFR 268.7; and
    (10) For an on-site storage facility, the information in the notice 
(except the manifest number), and the certification and demonstration, 
if applicable, required by you under 40 CFR 268.7.
    (11) For an off-site treatment facility, a copy of the notice, and 
the certification and demonstration, if applicable, required by the 
generator or the owner or operator under Sec. 268.7 or Sec. 268.8;
    (12) For an off-site storage facility, a copy of the notice, and the 
certification and demonstration, if applicable, required by the 
generator or the owner or operator under Sec. 268.7 or Sec. 268.8.



Sec. 267.74  Who sees the records?

    (a) You must furnish all records, including plans, required under 
this part upon the request of any officer, employee, or representative 
of EPA who is duly designated by the Administrator, and make them 
available at all reasonable times for inspection.
    (b) The retention period for all records required under this part is 
extended automatically during the course of any unresolved enforcement 
action involving the facility or as requested by the Administrator.



Sec. 267.75  What reports must I prepare and to whom do I send them?

    You must prepare a biennial report and other reports listed in 
paragraph (b) of this section.
    (a) Biennial report. You must prepare and submit a single copy of a 
biennial report to the Regional Administrator by March 1 of each even 
numbered

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year. The biennial report must be submitted on EPA form 8700-13B. The 
report must cover facility activities during the previous calendar year 
and must include:
    (1) The EPA identification number, name, and address of the 
facility;
    (2) The calendar year covered by the report;
    (3) The method of treatment or storage for each hazardous waste;
    (4) The most recent closure cost estimate under Sec. 267.142;
    (5) A description of the efforts undertaken during the year to 
reduce the volume and toxicity of generated waste.
    (6) A description of the changes in volume and toxicity of waste 
actually achieved during the year in comparison to previous years to the 
extent such information is available for the years prior to 1984.
    (7) The certification signed by you.
    (b) Additional reports. In addition to submitting the biennial 
reports, you must also report to the Regional Administrator:
    (1) Releases, fires, and explosions as specified in Sec. 267.58(b);
    (2) Facility closures specified in Sec. 267.117; and
    (3) As otherwise required by subparts I, J, and DD of this part and 
part 264, subparts AA, BB, CC.
    (c) For off-site facilities, the EPA identification number of each 
hazardous waste generator from which the facility received a hazardous 
waste during the year; for imported shipments, the report must give the 
name and address of the foreign generator;
    (d) A description and the quantity of each hazardous waste the 
facility received during the year. For off-site facilities, this 
information must be listed by EPA identification number of each 
generator.



Sec. 267.76  What notifications must I make?

    Before transferring ownership or operation of a facility during its 
operating life, you must notify the new owner or operator in writing of 
the requirements of this part and 40 CFR part 270, subpart J.



          Subpart F_Releases from Solid Waste Management Units



Sec. 267.90  Who must comply with this section?

    This subpart applies to you if you own or operate a facility that 
treats or stores hazardous waste under a 40 CFR part 270, subpart J 
standardized permit, except as provided in Sec. 267.1(b), or unless 
your facility already has a permit that imposes requirements for 
corrective action under 40 CFR 264.101.



Sec. 267.91-267.100  [Reserved]



Sec. 267.101  What must I do to address corrective action for solid waste management units?

    (a) You must institute corrective action as necessary to protect 
human health and the environment for all releases of hazardous waste or 
constituents from any solid waste management unit at the facility, 
regardless of the time at which waste was placed in such unit.
    (b) The Regional Administrator will specify corrective action in the 
supplemental portion of your standardized permit in accordance with this 
section and 40 CFR part 264, subpart S. The Regional Administrator will 
include in the supplemental portion of your standardized permit 
schedules of compliance for corrective action (where corrective action 
cannot be completed prior to issuance of the permit) and assurances of 
financial responsibility for completing corrective action.
    (c) You must implement corrective action beyond the facility 
property boundary, where necessary to protect human health and the 
environment, unless you demonstrate to the satisfaction of the Regional 
Administrator that, despite your best efforts, you were unable to obtain 
the necessary permission to undertake such actions. You are not relieved 
of all responsibility to clean up a release that has migrated beyond the 
facility boundary where off -site access is denied. On-site measures to 
address such releases will be determined on a case-by-case basis. You 
must provide assurances of financial responsibility for such corrective 
action.

[[Page 132]]

    (d) You do not have to comply with this section if you are the owner 
or operator of a remediation waste site unless your site is part of a 
facility that is subject to a permit for treating, storing, or disposing 
of hazardous wastes that are not remediation wastes.



                            Subpart G_Closure



Sec. 267.110  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
treats or stores hazardous waste under a 40 CFR part 270, subpart J 
standardized permit, except as provided in Sec. 267.1(b).



Sec. 267.111  What general standards must I meet when I stop operating the unit?

    You must close the storage and treatment units in a manner that:
    (a) Minimizes the need for further maintenance; and
    (b) Controls, minimizes, or eliminates, to the extent necessary to 
protect human health and the environment, post-closure escape of 
hazardous waste, hazardous constituents, leachate, contaminated run-off, 
or hazardous waste decomposition products to the ground or surface 
waters or to the atmosphere; and
    (c) Meets the closure requirements of this subpart and the 
requirements of Sec. Sec. 267.176, 267.201, and 267.1108. If you 
determine that, when applicable, the closure requirements of Sec. 
267.201(tanks) or Sec. 267.1108 (containment buildings) cannot be met, 
then you must close the unit in accordance with the requirements that 
apply to landfills (Sec. 264.310). In addition, for the purposes of 
post-closure and financial responsibility, such a tank system or 
containment building is then considered to be a landfill, and you must 
apply for a post-closure care permit in accordance with 40 CFR part 270.



Sec. 267.112  What procedures must I follow?

    (a) To close a facility, you must follow your approved closure plan, 
and follow notification requirements.
    (1) Your closure plan must be submitted at the time you submitted 
your Notice of Intent to operate under a standardized permit. Final 
issuance of the standardized permit constitutes approval of the closure 
plan, and the plan becomes a condition of the RCRA standardized permit.
    (2) The Director's approval of the plan must ensure that the 
approved plan is consistent with Sec. Sec. 267.111 through 267.115, 
267.176, 267.201, and 267.1108.
    (b) Satisfy the requirements for content of closure plan. The 
closure plan must identify steps necessary to perform partial and/or 
final closure of the facility. The closure plan must include, at least:
    (1) A description of how each hazardous waste management unit at the 
facility subject to this subpart will be closed following Sec. 267.111.
    (2) A description of how final closure of the facility will be 
conducted in accordance with Sec. 267.111. The description must 
identify the maximum extent of the operations which will be unclosed 
during the active life of the facility.
    (3) An estimate of the maximum inventory of hazardous wastes ever on 
site during the active life of the facility and a detailed description 
of the methods you will use during partial and/or final closure, such as 
methods for removing, transporting, treating, storing, or disposing of 
all hazardous wastes, and identification of the type(s) of off-site 
hazardous waste management units to be used, if applicable.
    (4) A detailed description of the steps needed to remove or 
decontaminate all hazardous waste residues and contaminated containment 
system components, equipment, structures, and soils during partial or 
final closure. These might include procedures for cleaning equipment and 
removing contaminated soils, methods for sampling and testing 
surrounding soils, and criteria for determining the extent of 
decontamination required to satisfy the closure performance standard;
    (5) A detailed description of other activities necessary during the 
closure period to ensure that partial or final closure satisfies the 
closure performance standards.
    (6) A schedule for closure of each hazardous waste management unit, 
and for

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final closure of the facility. The schedule must include, at a minimum, 
the total time required to close each hazardous waste management unit 
and the time required for intervening closure activities that allow 
tracking of progress of partial or final closure.
    (7) For facilities that use trust funds to establish financial 
assurance under Sec. 267.143 and that are expected to close prior to 
the expiration of the permit, an estimate of the expected year of final 
closure.
    (c) You may submit a written notification to the Director for a 
permit modification to amend the closure plan at any time prior to the 
notification of partial or final closure of the facility, following the 
applicable procedures in 40 CFR 124.211.
    (1) Events leading to a change in the closure plan, and therefore 
requiring a modification, may include:
    (i) A change in the operating plan or facility design;
    (ii) A change in the expected year of closure, if applicable; or
    (iii) In conducting partial or final closure activities, an 
unexpected event requiring a modification of the approved closure plan.
    (2) The written notification or request must include a copy of the 
amended closure plan for review or approval by the Director. The 
Director will approve, disapprove, or modify this amended plan in 
accordance with the procedures in 40 CFR 124.211 and 270.320.
    (d) Notification before final closure. (1) You must notify the 
Director in writing at least 45 days before the date that you expect to 
begin final closure of a treatment or storage tank, container storage 
area, or containment building.
    (2) The date when you ``expect to begin closure'' must be no later 
than 30 days after the date that any hazardous waste management unit 
receives the known final volume of hazardous wastes.
    (3) If your facility's permit is terminated, or if you are otherwise 
ordered, by judicial decree or final order under section 3008 of RCRA, 
to cease receiving hazardous wastes or to close, then the requirements 
of this paragraph (d) do not apply. However, you must close the facility 
following the deadlines established in Sec. 267.115.



Sec. 267.113  Will the public have the opportunity to comment on the plan?

    (a) The Director will provide you and the public, when the draft 
standardized permit is public noticed, the opportunity to submit written 
comments on the plan and to the draft permit as allowed by 40 CFR 
124.208. The Director 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 closure plan, and the permit.
    (b) The Director will give public notice of the hearing 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.



Sec. 267.114  [Reserved]



Sec. 267.115  After I stop operating, how long until I must close?

    (a) Within 90 days after the final volume of hazardous waste is sent 
to a unit, you must treat or remove from the unit all hazardous wastes 
following the approved closure plan.
    (b) You must complete final closure activities in accordance with 
the approved closure plan within 180 days after the final volume of 
hazardous wastes is sent to the unit. The Director may approve an 
extension of 180 days to the closure period if you comply with all 
applicable requirements for requesting a modification to the permit and 
demonstrate that:
    (1) The final closure activities will take longer than 180 days to 
complete due to circumstances beyond your control, excluding ground 
water contamination; and
    (2) You have taken and will continue to take all steps to prevent 
threats to human health and the environment from the unclosed, but not 
operating hazardous waste management unit or facility, including 
compliance with all applicable permit requirements.
    (3) The demonstration must be made at least 30 days prior to the 
expiration of the initial 180-day period.

[[Page 134]]

    (c) Nothing in this section precludes you from removing hazardous 
wastes and decontaminating or dismantling equipment in accordance with 
the approved final closure plan at any time before or after notification 
of final closure.



Sec. 267.116  What must I do with contaminated equipment, structure, and soils?

    You must properly dispose of or decontaminate all contaminated 
equipment, structures, and soils during the partial and final closure 
periods. By removing any hazardous wastes or hazardous constituents 
during partial and final closure, you may become a generator of 
hazardous waste and must handle that waste following all applicable 
requirements of 40 CFR part 262.



Sec. 267.117  How do I certify closure?

    Within 60 days of the completion of final closure of each unit under 
a part 270 subpart J standardized permit, you must submit to the 
Director, by registered mail, a certification that each hazardous waste 
management unit or facility, as applicable, has been closed following 
the specifications in the closure plan. Both you and an independent 
registered professional engineer must sign the certification. You must 
furnish documentation supporting the independent registered professional 
engineer's certification to the Director upon request until he releases 
you from the financial assurance requirements for closure under Sec. 
267.143(i).



                    Subpart H_Financial Requirements



Sec. 267.140  Who must comply with this subpart, and briefly, what do they have to do?

    (a) The regulations in this subpart apply to owners and operators 
who treat or store hazardous waste under a standardized permit, except 
as provided in Sec. 267.1(b), or Sec. 267.140(d) below.
    (b) The owner or operator must:
    (1) Prepare a closure cost estimate as required in Sec. 267.142;
    (2) Demonstrate financial assurance for closure as required in Sec. 
267.143; and
    (3) Demonstrate financial assurance for liability as required in 
Sec. 267.147.
    (c) The owner or operator must notify the Regional Administrator if 
the owner or operator is named as a debtor in a bankruptcy proceeding 
under Title 11 (Bankruptcy), U.S. Code (See also Sec. 267.148).
    (d) States and the Federal government are exempt from the 
requirements of this subpart.



Sec. 267.141  Definitions of terms as used in this subpart.

    (a) Closure plan means the plan for closure prepared in accordance 
with the requirements of Sec. 267.112.
    (b) Current closure cost estimate means the most recent of the 
estimates prepared in accordance with Sec. 267.142 (a), (b), and (c).
    (c) [Reserved]
    (d) Parent corporation means a corporation which directly owns at 
least 50 percent of the voting stock of the corporation which is the 
facility owner or operator; the latter corporation is deemed a 
``subsidiary'' of the parent corporation.
    (e) [Reserved]
    (f) The following terms are used in the specifications for the 
financial tests for closure and liability coverage. The definitions are 
intended to assist in the understanding of these regulations and are not 
intended to limit the meanings of terms in a way that conflicts with 
generally accepted accounting practices:
    Assets means all existing and all probable future economic benefits 
obtained or controlled by a particular entity.
    Current plugging and abandonment cost estimate means the most recent 
of the estimates prepared in accordance with Sec. 144.62(a), (b), and 
(c) of this chapter.
    Independently audited refers to an audit performed by an independent 
certified public accountant in accordance with generally accepted 
auditing standards.
    Liabilities means probable future sacrifices of economic benefits 
arising from present obligations to transfer assets or provide services 
to other entities in the future as a result of past transactions or 
events.
    Tangible net worth means the tangible assets that remain after 
deducting liabilities; such assets would not include

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intangibles such as goodwill and rights to patents or royalties.
    (g) In the liability insurance requirements, the terms bodily injury 
and property damage shall have the meanings given these terms by 
applicable State law. However, these terms do not include those 
liabilities which, consistent with standard industry practices, are 
excluded from coverage in liability policies for bodily injury and 
property damage. The Agency intends the meanings of other terms used in 
the liability insurance requirements to be consistent with their common 
meanings within the insurance industry. The definitions given below of 
several of the terms are intended to assist in the understanding of 
these regulations and are not intended to limit their meanings in a way 
that conflicts with general insurance industry usage.
    Accidental occurrence means an accident, including continuous or 
repeated exposure to conditions, which results in bodily injury or 
property damage neither expected nor intended from the standpoint of the 
insured.
    Legal defense costs means any expenses that an insurer incurs in 
defending against claims of third parties brought under the terms and 
conditions of an insurance policy.
    Sudden accidental occurrence means an occurrence which is not 
continuous or repeated in nature.
    (h) Substantial business relationship means the extent of a business 
relationship necessary under applicable State law to make a guarantee 
contract issued incident to that relationship valid and enforceable. A 
``substantial business relationship'' must arise from a pattern of 
recent or ongoing business transactions, in addition to the guarantee 
itself, such that a currently existing business relationship between the 
guarantor and the owner or operator is demonstrated to the satisfaction 
of the applicable EPA Regional Administrator.



Sec. 267.142  Cost estimate for closure.

    (a) The owner or operator must have at the facility a detailed 
written estimate, in current dollars, of the cost of closing the 
facility in accordance with the requirements in Sec. Sec. 267.111 
through 267.115 and applicable closure requirements in Sec. Sec. 
267.176, 267.201, 267.1108.
    (1) The estimate must equal the cost of final closure at the point 
in the facility's active life when the extent and manner of its 
operation would make closure the most expensive, as indicated by the 
closure plan (see Sec. 267.112(b)); and
    (2) The closure cost estimate must be based on the costs to the 
owner or operator of hiring a third party to close the facility. A third 
party is a party who is neither a parent nor a subsidiary of the owner 
or operator. (See definition of parent corporation in Sec. 267.141(d).) 
The owner or operator may use costs for on-site disposal if he can 
demonstrate that on-site disposal capacity will exist at all times over 
the life of the facility.
    (3) The closure cost estimate may not incorporate any salvage value 
that may be realized with the sale of hazardous wastes, or non-hazardous 
wastes, facility structures or equipment, land, or other assets 
associated with the facility at the time of partial or final closure.
    (4) The owner or operator may not incorporate a zero cost for 
hazardous wastes, or non-hazardous wastes that might have economic 
value.
    (b) During the active life of the facility, the owner or operator 
must adjust the closure cost estimate for inflation within 60 days prior 
to the anniversary date of the establishment of the financial 
instrument(s) used to comply with Sec. 267.143. For owners and 
operators using the financial test or corporate guarantee, the closure 
cost estimate must be updated for inflation within 30 days after the 
close of the firm's fiscal year and before submission of updated 
information to the Regional Administrator as specified in Sec. 
267.143(f)(2)(iii). The adjustment may be made by recalculating the 
maximum costs of closure in current dollars, or by using an inflation 
factor derived from the most recent Implicit Price Deflator for Gross 
Domestic Product published by the U.S. Department of Commerce in its 
Survey of Current Business, as specified in paragraphs (b)(1) and (2) of 
this

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section. The inflation factor is the result of dividing the latest 
published annual Deflator by the Deflator for the previous year.
    (1) The first adjustment is made by multiplying the closure cost 
estimate by the inflation factor. The result is the adjusted closure 
cost estimate.
    (2) Subsequent adjustments are made by multiplying the latest 
adjusted closure cost estimate by the latest inflation factor.
    (c) During the active life of the facility, the owner or operator 
must revise the closure cost estimate no later than 30 days after the 
Regional Administrator has approved the request to modify the closure 
plan, if the change in the closure plan increases the cost of closure. 
The revised closure cost estimate must be adjusted for inflation as 
specified in Sec. 267.142(b).
    (d) The owner or operator must keep the following at the facility 
during the operating life of the facility: The latest closure cost 
estimate prepared in accordance with paragraphs (a) and (c) of this 
section and, when this estimate has been adjusted in accordance with 
paragraph (b) of this section, the latest adjusted closure cost 
estimate.



Sec. 267.143  Financial assurance for closure.

    The owner or operator must establish financial assurance for closure 
of each storage or treatment unit that he owns or operates. In 
establishing financial assurance for closure, the owner or operator must 
choose from the financial assurance mechanisms in paragraphs (a), (b), 
(c), (d), (e), (f), and (g) of this section. The owner or operator can 
also use a combination of mechanisms for a single facility if they meet 
the requirement in paragraph (h) of this section, or may use a single 
mechanism for multiple facilities as in paragraph (i) of this section. 
The Regional Administrator will release the owner or operator from the 
requirements of this section after the owner or operator meets the 
criteria under paragraph (j) of this section.
    (a) Closure Trust Fund. Owners and operators can use the ``closure 
trust fund,'' that is specified in 40 CFR 264.143(a)(1) and (2), and 
264.143(a)(6)-(11). For purposes of this paragraph, the following 
provisions also apply:
    (1) Payments into the trust fund for a new facility must be made 
annually by the owner or operator over the remaining operating life of 
the facility as estimated in the closure plan, or over 3 years, 
whichever period is shorter. This period of time is hereafter referred 
to as the ``pay-in period.''
    (2) For a new facility, the first payment into the closure trust 
fund must be made before the facility may accept the initial storage. A 
receipt from the trustee must be submitted by the owner or operator to 
the Regional Administrator before this initial storage of waste. The 
first payment must be at least equal to the current closure cost 
estimate, divided by the number of years in the pay-in period, except as 
provided in paragraph (h) of this section for multiple mechanisms. 
Subsequent payments must be made no later than 30 days after each 
anniversary date of the first payment. The owner or operator determines 
the amount of each subsequent payment by subtracting the current value 
of the trust fund from the current closure cost estimate, and dividing 
this difference by the number of years remaining in the pay-in period. 
Mathematically, the formula is

Next Payment = (Current Closure Estimate - Current Value of the Trust 
    Fund) Divided by Years Remaining in the Pay-In Period.

    (3) The owner or operator of a facility existing on the effective 
date of this paragraph can establish a trust fund to meet this 
paragraph's financial assurance requirements. If the value of the trust 
fund is less than the current closure cost estimate when a final 
approval of the permit is granted for the facility, the owner or 
operator must pay the difference into the trust fund within 60 days.
    (4) The owner or operator may accelerate payments into the trust 
fund or deposit the full amount of the closure cost estimate when 
establishing the trust fund. However, he must maintain the value of the 
fund at no less than the value that the fund would have if

[[Page 137]]

annual payments were made as specified in paragraph (a)(2) or (a)(3) of 
this section.
    (5) The owner or operator must submit a trust agreement with the 
wording specified in 40 CFR 264.151(a)(1).
    (b) Surety Bond Guaranteeing Payment into a Closure Trust Fund. 
Owners and operators can use the ``surety bond guaranteeing payment into 
a closure trust fund,'' as specified in 40 CFR 264.143(b), including the 
use of the surety bond instrument specified at 40 CFR 264.151(b), and 
the standby trust specified at 40 CFR 264.143(b)(3).
    (c) Surety Bond Guaranteeing Performance of Closure. Owners and 
operators can use the ``surety bond guaranteeing performance of 
closure,'' as specified in 40 CFR 264.143(c), the submission and use of 
the surety bond instrument specified at 40 CFR 264.151(c), and the 
standby trust specified at 40 CFR 264.143(c)(3).
    (d) Closure Letter of Credit. Owners and operators can use the 
``closure letter of credit'' specified in 40 CFR 264.143(d), the 
submission and use of the irrevocable letter of credit instrument 
specified in 40 CFR 264.151(d), and the standby trust specified in 40 
CFR 264.143(d)(3).
    (e) Closure Insurance. Owners and operators can use ``closure 
insurance,'' as specified in 40 CFR 264.143(e), utilizing the 
certificate of insurance for closure specified at 40 CFR 264.151(e).
    (f) Corporate financial test. An owner or operator that satisfies 
the requirements of this paragraph may demonstrate financial assurance 
up to the amount specified in this paragraph:
    (1) Financial component. (i) The owner or operator must satisfy one 
of the following three conditions:
    (A) A current rating for its senior unsecured debt of AAA, AA, A, or 
BBB as issued by Standard and Poor's or Aaa, Aa, A or Baa as issued by 
Moody's; or
    (B) A ratio of less than 1.5 comparing total liabilities to net 
worth; or
    (C) A ratio of greater than 0.10 comparing the sum of net income 
plus depreciation, depletion and amortization, minus $10 million, to 
total liabilities.
    (ii) The tangible net worth of the owner or operator must be greater 
than:
    (A) The sum of the current environmental obligations (see paragraph 
(f)(2)(i)(A)(1) of this section), including guarantees, covered by a 
financial test plus $10 million, except as provided in paragraph 
(f)(1)(ii)(B) of this section.
    (B) $10 million in tangible net worth plus the amount of any 
guarantees that have not been recognized as liabilities on the financial 
statements provided all of the environmental obligations (see paragraph 
(f)(2)(i)(A)(1) of this section) covered by a financial test are 
recognized as liabilities on the owner's or operator's audited financial 
statements, and subject to the approval of the Regional Administrator.
    (iii) The owner or operator must have assets located in the United 
States amounting to at least the sum of environmental obligations 
covered by a financial test as described in paragraph (f)(2)(i)(A)(1) of 
this section.
    (2) Recordkeeping and reporting requirements. (i) The owner or 
operator must submit the following items to the Regional Administrator:
    (A) A letter signed by the owner's or operator's chief financial 
officer that:
    (1) Lists all the applicable current types, amounts, and sums of 
environmental obligations covered by a financial test. These obligations 
include both obligations in the programs which EPA directly operates and 
obligations where EPA has delegated authority to a State or approved a 
State's program. These obligations include, but are not limited to:
    (i) Liability, closure, post-closure and corrective action cost 
estimates required for hazardous waste treatment, storage, and disposal 
facilities under 40 CFR 264.101, 264.142, 264.144, 264.147, 265.142, 
265.144, and 265.147;
    (ii) Cost estimates required for municipal solid waste management 
facilities under 40 CFR 258.71, 258.72, and 258.73;
    (iii) Current plugging cost estimates required for UIC facilities 
under 40 CFR 144.62;
    (iv) Cost estimates required for petroleum underground storage tank 
facilities under 40 CFR 280.93;
    (v) Cost estimates required for PCB storage facilities under 40 CFR 
761.65;

[[Page 138]]

    (vi) Any financial assurance required under, or as part of an action 
undertaken under, the Comprehensive Environmental Response, 
Compensation, and Liability Act; and
    (vii) Any other environmental obligations that are assured through a 
financial test.
    (2) Provides evidence demonstrating that the firm meets the 
conditions of either paragraph (f)(1)(i)(A) or (f)(1)(i)(B) or 
(f)(1)(i)(C) of this section and paragraphs (f)(1)(ii) and (f)(1)(iii) 
of this section.
    (B) A copy of the independent certified public accountant's 
unqualified opinion of the owner's or operator's financial statements 
for the latest completed fiscal year. To be eligible to use the 
financial test, the owner's or operator's financial statements must 
receive an unqualified opinion from the independent certified public 
accountant. An adverse opinion, disclaimer of opinion, or other 
qualified opinion will be cause for disallowance, with the potential 
exception for qualified opinions provided in the next sentence. The 
Regional Administrator may evaluate qualified opinions on a case-by-case 
basis and allow use of the financial test in cases where the Regional 
Administrator deems that the matters which form the basis for the 
qualification are insufficient to warrant disallowance of the test. If 
the Regional Administrator does not allow use of the test, the owner or 
operator must provide alternate financial assurance that meets the 
requirements of this section within 30 days after the notification of 
disallowance.
    (C) If the chief financial officer's letter providing evidence of 
financial assurance includes financial data showing that the owner or 
operator satisfies paragraph (f)(1)(i)(B) or (f)(1)(i)(C) of this 
section that are different from data in the audited financial statements 
referred to in paragraph (f)(2)(i)(B) of this section or any other 
audited financial statement or data filed with the SEC, then a special 
report from the owner's or operator's independent certified public 
accountant to the owner or operator is required. The special report 
shall be based upon an agreed upon procedures engagement in accordance 
with professional auditing standards and shall describe the procedures 
performed in comparing the data in the chief financial officer's letter 
derived from the independently audited, year-end financial statements 
for the latest fiscal year with the amounts in such financial 
statements, the findings of that comparison, and the reasons for any 
differences.
    (D) If the chief financial officer's letter provides a demonstration 
that the firm has assured for environmental obligations as provided in 
paragraph (f)(1)(ii)(B) of this section, then the letter shall include a 
report from the independent certified public accountant that verifies 
that all of the environmental obligations covered by a financial test 
have been recognized as liabilities on the audited financial statements, 
how these obligations have been measured and reported, and that the 
tangible net worth of the firm is at least $10 million plus the amount 
of any guarantees provided.
    (ii) The owner or operator of a new facility must submit the items 
specified in paragraph (f)(2)(i) of this section to the Regional 
Administrator at least 60 days before placing waste in the facility.
    (iii) After the initial submission of items specified in paragraph 
(f)(2)(i) of this section, the owner or operator must send updated 
information to the Regional Administrator within 90 days following the 
close of the owner or operator's fiscal year. The Regional Administrator 
may provide up to an additional 45 days for an owner or operator who can 
demonstrate that 90 days is insufficient time to acquire audited 
financial statements. The updated information must consist of all items 
specified in paragraph (f)(2)(i) of this section.
    (iv) The owner or operator is no longer required to submit the items 
specified in this paragraph (f)(2) of this section or comply with the 
requirements of this paragraph (f) when:
    (A) The owner or operator substitutes alternate financial assurance 
as specified in this section that is not subject to these recordkeeping 
and reporting requirements; or
    (B) The Regional Administrator releases the owner or operator from 
the

[[Page 139]]

requirements of this section in accordance with paragraph (j) of this 
section.
    (v) An owner or operator who no longer meets the requirements of 
paragraph (f)(1) of this section cannot use the financial test to 
demonstrate financial assurance. Instead an owner or operator who no 
longer meets the requirements of paragraph (f)(1) of this section, must:
    (A) Send notice to the Regional Administrator of intent to establish 
alternate financial assurance as specified in this section. The owner or 
operator must send this notice by certified mail within 90 days 
following the close the owner or operator's fiscal year for which the 
year-end financial data show that the owner or operator no longer meets 
the requirements of this section.
    (B) Provide alternative financial assurance within 120 days after 
the end of such fiscal year.
    (vi) The Regional Administrator may, based on a reasonable belief 
that the owner or operator may no longer meet the requirements of 
paragraph (f)(1) of this section, require at any time the owner or 
operator to provide reports of its financial condition in addition to or 
including current financial test documentation as specified in paragraph 
(f)(2) of this section. If the Regional Administrator finds that the 
owner or operator no longer meets the requirements of paragraph (f)(1) 
of this section, the owner or operator must provide alternate financial 
assurance that meets the requirements of this section.
    (g) Corporate Guarantee. (1) An owner or operator may meet the 
requirements of this section by obtaining a written guarantee. The 
guarantor must be the direct or higher-tier parent corporation of the 
owner or operator, a firm whose parent corporation is also the parent 
corporation of the owner or operator, or a firm with a ``substantial 
business relationship'' with the owner or operator. The guarantor must 
meet the requirements for owners or operators in paragraph (f) of this 
section and must comply with the terms of the guarantee. The wording of 
the guarantee must be identical to the wording in 40 CFR 264.151(h). The 
certified copy of the guarantee must accompany the letter from the 
guarantor's chief financial officer and accountants' opinions. If the 
guarantor's parent corporation is also the parent corporation of the 
owner or operator, the letter from the guarantor's chief financial 
officer must describe the value received in consideration of the 
guarantee. If the guarantor is a firm with a ``substantial business 
relationship'' with the owner or operator, this letter must describe 
this ``substantial business relationship'' and the value received in 
consideration of the guarantee.
    (2) For a new facility, the guarantee must be effective and the 
guarantor must submit the items in paragraph (g)(1) of this section and 
the items specified in paragraph (f)(2)(i) of this section to the 
Regional Administrator at least 60 days before the owner or operator 
places waste in the facility.
    (3) The terms of the guarantee must provide that:
    (i) If the owner or operator fails to perform closure at a facility 
covered by the guarantee, the guarantor will:
    (A) Perform, or pay a third party to perform closure (performance 
guarantee); or
    (B) Establish a fully funded trust fund as specified in paragraph 
(a) of this section in the name of the owner or operator (payment 
guarantee).
    (ii) The guarantee will remain in force for as long as the owner or 
operator must comply with the applicable financial assurance 
requirements of this subpart unless the guarantor sends prior notice of 
cancellation by certified mail to the owner or operator and to the 
Regional Administrator. Cancellation may not occur, however, during the 
120 days beginning on the date of receipt of the notice of cancellation 
by both the owner or operator and the Regional Administrator as 
evidenced by the return receipts.
    (iii) If notice of cancellation is given, the owner or operator 
must, within 90 days following receipt of the cancellation notice by the 
owner or operator and the Regional Administrator, obtain alternate 
financial assurance, and submit documentation for that alternate 
financial assurance to the Regional Administrator. If the owner or

[[Page 140]]

operator fails to provide alternate financial assurance and obtain the 
written approval of such alternative assurance from the Regional 
Administrator within the 90-day period, the guarantor must provide that 
alternate assurance in the name of the owner or operator and submit the 
necessary documentation for the alternative assurance to the Regional 
Administrator within 120 days of the cancellation notice.
    (4) If a corporate guarantor no longer meets the requirements of 
paragraph (f)(1) of this section, the owner or operator must, within 90 
days, obtain alternative assurance, and submit the assurance to the 
Regional Administrator for approval. If the owner or operator fails to 
provide alternate financial assurance within the 90-day period, the 
guarantor must provide that alternate assurance within the next 30 days, 
and submit it to the Regional Administrator for approval.
    (5) The guarantor is no longer required to meet the requirements of 
this paragraph (g) when:
    (i) The owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The owner or operator is released from the requirements of this 
section in accordance with paragraph (j) of this section.
    (h) Use of Multiple Financial Mechanisms. An owner or operator may 
use more than one mechanism at a particular facility to satisfy the 
requirements of this section. The acceptable mechanisms are trust funds, 
surety bonds guaranteeing payment into a trust fund, letters of credit, 
insurance, the financial test, and the guarantee, except owners or 
operators cannot combine the financial test with the guarantee. The 
mechanisms must be as specified in paragraphs (a), (b), (d), (e), (f), 
and (g) respectively of this section, except it is the combination of 
mechanisms rather than a single mechanism that must provide assurance 
for an amount at least equal to the cost estimate. If an owner or 
operator uses a trust fund in combination with a surety bond or letter 
of credit, he may use the trust fund as the standby trust for the other 
mechanisms. A single trust fund can be established for two or more 
mechanisms. The Regional Administrator may use any or all of the 
mechanisms to provide for closure of the facility.
    (i) Use of a financial mechanism for multiple facilities. An owner 
or operator may use a financial mechanism for multiple facilities, as 
specified in Sec. 264.143(h) of this chapter.
    (j) Release of the owner or operator from the requirements of this 
section. Within 60 days after receiving certifications from the owner or 
operator and an independent registered professional engineer that final 
closure has been completed in accordance with the approved closure plan, 
the Regional Administrator will notify the owner or operator in writing 
that the owner or operator is no longer required by this section to 
maintain financial assurance for final closure of the facility, unless 
the Regional Administrator has reason to believe that final closure has 
not been completed in accordance with the approved closure plan. The 
Regional Administrator shall provide the owner or operator with a 
detailed written statement of any such reasons to believe that closure 
has not been conducted in accordance with the approved closure plan.



Sec. Sec. 267.144-267.146  [Reserved]



Sec. 267.147  Liability requirements.

    (a) Coverage for sudden accidental occurrences. An owner or operator 
of a hazardous waste treatment or storage facility, or a group of such 
facilities, must demonstrate financial responsibility for bodily injury 
and property damage to third parties caused by sudden accidental 
occurrences arising from operations of the facility or group of 
facilities. The owner or operator must have and maintain liability 
coverage for sudden accidental occurrences in the amount of at least $1 
million per occurrence with an annual aggregate of at least $2 million, 
exclusive of legal defense costs. This liability coverage may be 
demonstrated as specified in paragraphs (a)(1) through (a)(7) of this 
section:
    (1) Trust fund for liability coverage. An owner or operator may meet 
the requirements of this section by obtaining a trust fund for liability 
coverage as specified in 40 CFR 264.147(j).

[[Page 141]]

    (2) Surety bond for liability coverage. An owner or operator may 
meet the requirements of this section by obtaining a surety bond for 
liability coverage as specified in 40 CFR 264.147(i).
    (3) Letter of credit for liability coverage. An owner or operator 
may meet the requirements of this section by obtaining a letter of 
credit for liability coverage as specified in 40 CFR 264.147(h).
    (4) Insurance for liability coverage. An owner or operator may meet 
the requirements of this section by obtaining liability insurance as 
specified in 40 CFR 264.147(a)(1).
    (5) Financial test for liability coverage. An owner or operator may 
meet the requirements of this section by passing a financial test as 
specified in paragraph (f) of this section.
    (6) Guarantee for liability coverage. An owner or operator may meet 
the requirements of this section by obtaining a guarantee as specified 
in paragraph (g) of this section.
    (7) Combination of mechanisms. An owner or operator may demonstrate 
the required liability coverage through the use of combinations of 
mechanisms as allowed by 40 CFR 264.147(a)(6).
    (8) An owner or operator shall notify the Regional Administrator in 
writing within 30 days whenever:
    (i) A claim results in a reduction in the amount of financial 
assurance for liability coverage provided by a financial instrument 
authorized in paragraphs (a)(1) through (a)(7) of this section; or
    (ii) A Certification of Valid Claim for bodily injury or property 
damages caused by a sudden accidental occurrence arising from the 
operation of a hazardous waste treatment, storage, or disposal facility 
is entered between the owner or operator and third-party claimant for 
liability coverage under paragraphs (a)(1) through (a)(7) of this 
section; or
    (iii) A final court order establishing a judgment for bodily injury 
or property damage caused by a sudden accidental occurrence arising from 
the operation of a hazardous waste treatment, storage, or disposal 
facility is issued against the owner or operator or an instrument that 
is providing financial assurance for liability coverage under paragraphs 
(a)(1) through (a)(7) of this section.
    (b)-(d) [Reserved]
    (e) Period of coverage. Within 60 days after receiving 
certifications from the owner or operator and an independent registered 
professional engineer that final closure has been completed in 
accordance with the approved closure plan, the Regional Administrator 
will notify the owner or operator in writing that he is no longer 
required by this section to maintain liability coverage from that 
facility, unless the Regional Administrator has reason to believe that 
closure has not been in accordance with the approved closure plan.
    (f) Financial test for Liability Coverage. An owner or operator that 
satisfies the requirements of this paragraph (f) may demonstrate 
financial assurance for liability up to the amount specified in this 
paragraph (f):
    (1) Financial component. (i) If using the financial test for only 
liability coverage, the owner or operator must have tangible net worth 
greater than the sum of the liability coverage to be demonstrated by 
this test plus $10 million.
    (ii) The owner or operator must have assets located in the United 
States amounting to at least the amount of liability covered by this 
financial test.
    (iii) An owner or operator who is demonstrating coverage for 
liability and any other environmental obligations, including closure 
under Sec. 267.143(f), through a financial test must meet the 
requirements of Sec. 267.143(f).
    (2) Recordkeeping and reporting requirements.
    (i) The owner or operator must submit the following items to the 
Regional Administrator:
    (A) A letter signed by the owner's or operator's chief financial 
officer that provides evidence demonstrating that the firm meets the 
conditions of paragraphs (f)(1)(i) and (f)(1)(ii) of this section. If 
the firm is providing only liability coverage through a financial test 
for a facility or facilities with a permit under Sec. 267, the letter 
should use the wording in Sec. 267.151(b). If the firm is providing 
only liability coverage through a financial test for facilities 
regulated under part 267 and also part

[[Page 142]]

264 or part 265, it should use the letter in Sec. 264.151(g). If the 
firm is providing liability coverage through a financial test for a 
facility or facilities with a permit under Sec. 267, and it assures 
closure costs or any other environmental obligations through a financial 
test, it must use the letter in Sec. 267.151(a) for the facilities 
issued a permit under Sec. 267.
    (B) A copy of the independent certified public accountant's 
unqualified opinion of the owner's or operator's financial statements 
for the latest completed fiscal year. To be eligible to use the 
financial test, the owner's or operator's financial statements must 
receive an unqualified opinion from the independent certified public 
accountant. An adverse opinion, disclaimer of opinion, or other 
qualified opinion will be cause for disallowance, with the potential 
exception for qualified opinions provided in the next sentence. The 
Regional Administrator may evaluate qualified opinions on a case-by-case 
basis and allow use of the financial test in cases where the Regional 
Administrator deems that the matters which form the basis for the 
qualification are insufficient to warrant disallowance of the test. If 
the Regional Administrator does not allow use of the test, the owner or 
operator must provide alternate financial assurance that meets the 
requirements of this section (Sec. 267.147) within 30 days after the 
notification of disallowance.
    (C) If the chief financial officer's letter providing evidence of 
financial assurance includes financial data showing that the owner or 
operator satisfies paragraphs (f)(1)(i) and (ii) of this section that 
are different from data in the audited financial statements referred to 
in paragraph (f)(2)(i)(B) of this section or any other audited financial 
statement or data filed with the SEC, then a special report from the 
owner's or operator's independent certified public accountant to the 
owner or operator is required. The special report shall be based upon an 
agreed upon procedures engagement in accordance with professional 
auditing standards and shall describe the procedures performed in 
comparing the data in the chief financial officer's letter derived from 
the independently audited, year-end financial statements for the latest 
fiscal year with the amounts in such financial statements, the findings 
of that comparison, and the reasons for any differences.
    (ii) The owner or operator of a new facility must submit the items 
specified in paragraph (f)(2)(i) of this section to the Regional 
Administrator at least 60 days before placing waste in the facility.
    (iii) After the initial submission of items specified in paragraph 
(f)(2)(i) of this section, the owner or operator must send updated 
information to the Regional Administrator within 90 days following the 
close of the owner or operator's fiscal year. The Regional Administrator 
may provide up to an additional 45 days for an owner or operator who can 
demonstrate that 90 days is insufficient time to acquire audited 
financial statements. The updated information must consist of all items 
specified in paragraph (f)(2)(i) of this section.
    (iv) The owner or operator is no longer required to submit the items 
specified in this paragraph (f)(2) or comply with the requirements of 
this paragraph (f) when:
    (A) The owner or operator substitutes alternate financial assurance 
as specified in this section that is not subject to these recordkeeping 
and reporting requirements; or
    (B) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with paragraph (j) of 
this section.
    (v) An owner or operator who no longer meets the requirements of 
paragraph (f)(1) of this section cannot use the financial test to 
demonstrate financial assurance. An owner or operator who no longer 
meets the requirements of paragraph (f)(1) of this section, must:
    (A) Send notice to the Regional Administrator of intent to establish 
alternate financial assurance as specified in this section. The owner or 
operator must send this notice by certified mail within 90 days 
following the close of the owner or operator's fiscal year for which the 
year-end financial data show that the owner or operator no longer meets 
the requirements of this section.

[[Page 143]]

    (B) Provide alternative financial assurance within 120 days after 
the end of such fiscal year.
    (vi) The Regional Administrator may, based on a reasonable belief 
that the owner or operator may no longer meet the requirements of 
paragraph (f)(1) of this section, require at any time the owner or 
operator to provide reports of its financial condition in addition to or 
including current financial test documentation as specified in paragraph 
(f)(2) of this section. If the Regional Administrator finds that the 
owner or operator no longer meets the requirements of paragraph (f)(1) 
of this section, the owner or operator must provide alternate financial 
assurance that meets the requirements of this section.
    (g) Guarantee for liability coverage. (1) Subject to paragraph 
(g)(2) of this section, an owner or operator may meet the requirements 
of this section by obtaining a written guarantee, hereinafter referred 
to as ``guarantee.'' The guarantor must be the direct or higher-tier 
parent corporation of the owner or operator, a firm whose parent 
corporation is also the parent corporation of the owner or operator, or 
a firm with a ``substantial business relationship'' with the owner or 
operator. The guarantor must meet the requirements for owners or 
operators in paragraphs (f)(1) through (f)(3) of this section. The 
wording of the guarantee must be identical to the wording specified in 
40 CFR 264.151(h)(2). A certified copy of the guarantee must accompany 
the items sent to the Regional Administrator as specified in paragraph 
(f)(2) of this section. One of these items must be the letter from the 
guarantor's chief financial officer. If the guarantor's parent 
corporation is also the parent corporation of the owner or operator, 
this letter must describe the value received in consideration of the 
guarantee. If the guarantor is a firm with a ``substantial business 
relationship'' with the owner or operator, this letter must describe 
this ``substantial business relationship'' and the value received in 
consideration of the guarantee.
    (i) If the owner or operator fails to satisfy a judgment based on a 
determination of liability for bodily injury or property damage to third 
parties caused by sudden accidental occurrences arising from the 
operation of facilities covered by this corporate guarantee, or fails to 
pay an amount agreed to in settlement of claims arising from or alleged 
to arise from such injury or damage, the guarantor will do so up to the 
limits of coverage.
    (ii) [Reserved]
    (2)(i) In the case of corporations incorporated in the United 
States, a guarantee may be used to satisfy the requirements of this 
section only if the Attorneys General or Insurance Commissioners of the 
State in which the guarantor is incorporated, and each State in which a 
facility covered by the guarantee is located, have submitted a written 
statement to EPA that a guarantee executed as described in this section 
and 40 CFR 264.151(h)(2) is a legally valid and enforceable obligation 
in that State.
    (ii) In the case of corporations incorporated outside the United 
States, a guarantee may be used to satisfy the requirements of this 
section only if:
    (A) The non-U.S. corporation has identified a registered agent for 
service of process in each State in which a facility covered by the 
guarantee is located and in the State in which it has its principal 
place of business; and
    (B) The Attorney General or Insurance Commissioner of each State in 
which a facility covered by the guarantee is located and the State in 
which the guarantor corporation has its principal place of business, has 
submitted a written statement to EPA that a guarantee executed as 
described in this section and 40 CFR 264.151(h)(2) is a legally valid 
and enforceable obligation in that State.

[70 FR 53453, Sept. 8, 2005, as amended at 71 FR 40278, July 14, 2006]



Sec. 267.148  Incapacity of owners or operators, guarantors, or financial institutions.

    (a) An owner or operator must notify the Regional Administrator by 
certified mail of the commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or 
operator as debtor, within 10 days after commencement of the proceeding. 
A guarantor of a corporate guarantee as specified in

[[Page 144]]

Sec. Sec. 267.143(g) and 267.147 (g) must make such a notification if 
he is named as debtor, as required under the terms of the corporate 
guarantee (Sec. 264.151(h)).
    (b) An owner or operator who fulfills the requirements of Sec. 
267.143 or Sec. 267.147 by obtaining a trust fund, surety bond, letter 
of credit, or insurance policy will be deemed to be without the required 
financial assurance or liability coverage in the event of bankruptcy of 
the trustee or issuing institution, or a suspension or revocation of the 
authority of the trustee institution to act as trustee or of the 
institution issuing the surety bond, letter of credit, or insurance 
policy to issue such instruments. The owner or operator must establish 
other financial assurance or liability coverage within 60 days after 
such an event.



Sec. 267.149  [Reserved]



Sec. 267.150  State assumption of responsibility.

    (a) If a State either assumes legal responsibility for an owner's or 
operator's compliance with the closure care or liability requirements of 
this part or assures that funds will be available from State sources to 
cover those requirements, the owner or operator will be in compliance 
with the requirements of Sec. 267.143 or Sec. 267.147 if the Regional 
Administrator determines that the State's assumption of responsibility 
is at least equivalent to the financial mechanisms specified in this 
subpart. The Regional Administrator will evaluate the equivalency of 
State guarantees principally in terms of: Certainty of the availability 
of funds for the required closure care activities or liability coverage; 
and the amount of funds that will be made available. The Regional 
Administrator may also consider other factors as he deems appropriate. 
The owner or operator must submit to the Regional Administrator a letter 
from the State describing the nature of the State's assumption of 
responsibility together with a letter from the owner or operator 
requesting that the State's assumption of responsibility be considered 
acceptable for meeting the requirements of this subpart. The letter from 
the State must include, or have attached to it, the following 
information: The facility's EPA Identification Number, name, and 
address, and the amount of funds for closure care or liability coverage 
that are guaranteed by the State. The Regional Administrator will notify 
the owner or operator of his determination regarding the acceptability 
of the State's guarantee in lieu of financial mechanisms specified in 
this subpart. The Regional Administrator may require the owner or 
operator to submit additional information as is deemed necessary to make 
this determination. Pending this determination, the owner or operator 
will be deemed to be in compliance with the requirements of Sec. 
267.143 or Sec. 267.147, as applicable.
    (b) If a State's assumption of responsibility is found acceptable as 
specified in paragraph (a) of this section except for the amount of 
funds available, the owner or operator may satisfy the requirements of 
this subpart by use of both the State's assurance and additional 
financial mechanisms as specified in this subpart. The amount of funds 
available through the State and Federal mechanisms must at least equal 
the amount required by this subpart.



Sec. 267.151  Wording of the instruments.

    (a) The chief financial officer of an owner or operator of a 
facility with a standardized permit who uses a financial test to 
demonstrate financial assurance for that facility must complete a letter 
as specified in Sec. 267.143(f) of this chapter. The letter must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

    I am the chief financial officer of [name and address of firm]. This 
letter is in support of this firm's use of the financial test to 
demonstrate financial assurance for closure costs, as specified in 
[insert ``subpart H of 40 CFR part 267'' or the citation to the 
corresponding state regulation]. This firm qualifies for the financial 
test on the basis of having [insert ``a current rating for its senior 
unsecured debt of AAA, AA, A, or BBB as issued by Standard and Poor's or 
Aaa, Aa, A or Baa as issued by Moody's'' or ``a ratio of less than 1.50 
comparing total liabilities to net worth'' or ``a ratio of greater than 
0.10

[[Page 145]]

comparing the sum of net income plus depreciation, depletion and 
amortization, minus $10 million, to total liabilities.'']
    This firm [insert ``is required'' or ``is not required''] to file a 
Form 10K with the Securities and Exchange Commission (SEC) for the 
latest fiscal year.
    The fiscal year of this firm ends on [month, day]. The figures for 
the following items marked with an asterisk are derived from this firm's 
independently audited, year-end financial statements for the latest 
completed fiscal year, ended [date].
[If this firm qualifies on the basis of its bond rating fill in the 
requested information: ``This firm has a rating of its senior unsecured 
debt of'' [insert the bond rating] ``from'' [insert ``Standard and 
Poor's'' or ``Moody's'']. Complete Line 1. Total Liabilities below and 
then skip the remaining questions in the next section and resume 
completing the form at the section entitled Obligations Covered by a 
Financial Test or Corporate Guarantee.]

[If this firm qualifies for the financial test on the basis of its ratio 
of liabilities to net worth, or sum of income, depreciation, depletion, 
and amortization to net worth, please complete the following section.]

 
 
 
*1. Total Liabilities................................        $----------
 
*2. Net Worth........................................        $----------
 
*3. Net Income.......................................        $----------
 
*4. Depreciation.....................................        $----------
 
*5. Depletion (if applicable)........................        $----------
 
*6. Amortization.....................................        $----------
 
*7. Sum of Lines 3., 4., 5. & 6......................        $----------
 

[If the above figures are taken directly from the most recent audited 
financial statements for this firm insert ``The above figures are taken 
directly from the most recent audited financial statements for this 
firm.'' If they are not, insert ``The following items are not taken 
directly from the firms most recent audited financial statements'' 
[insert the numbers of the items and attach an explanation of how they 
were derived.]

[Complete the following calculations]

 
 
 
8. Line 1. / Line 2. =...............................         ----------
 
9. Line 7. / Line 1. =...............................         ----------
 
Is Line 8. less than 1.5?............................           ---- Yes
                                                                  ----No
 
Is Line 9 greater than 0.10?.........................           ---- Yes
                                                                  ----No
 

[If you did not answer Yes to either of these two questions, you cannot 
use the financial test and need not complete this letter. Instead, you 
must notify the permitting authority for the facility that you intend to 
establish alternate financial assurance as specified in 40 CFR 267.143. 
The owner or operator must send this notice by certified mail within 90 
days following the close of the owner or operator's fiscal year for 
which the year-end financial data show that the owner or operator no 
longer meets the requirements of this section. The owner or operator 
must also provide alternative financial assurance within 120 days after 
the end of such fiscal year.]

     Obligations Covered by a Financial Test or Corporate Guarantee

[On the following lines list all obligations that are covered by a 
financial test or a corporate guarantee extended by your firm. You may 
add additional lines and leave blank entries that do not apply to your 
situation.]

 
                                                                                    Post-
       Hazardous Waste Facility Name and ID             State        Closure       Closure     Corrective Action
 
--------------------------------------------------       ------     $--------     $--------         $----------
 ---
 
--------------------------------------------------       ------      --------      --------          ----------
 ---
 
    Hazardous Waste Third Party Liability           ............  ............  ............        $----------
 


 
                                                                                    Post-
            Municipal Waste Facilities                  State        Closure       Closure     Corrective Action
 
--------------------------------------------------       ------     $--------     $--------         $----------
 ---
 
--------------------------------------------------       ------      --------      --------          ----------
 ---
 


 
           Underground Injection Control                State                                  Plugging  action
 
                                                     ----------   ............  ............          $--------
 
Petroleum Underground Storage Tanks                 ............  ............  ............           --------
 

[[Page 146]]

 
PCB Storage Facility Name and ID                          State   ............  ............                   Closure
 
                                                     ----------   ............  ............          $--------
 

    Any financial assurance required under, or as part of an action 
undertaken under, the Comprehensive Environmental Response, 
Compensation, and Liability Act.

 
                                   Site name                                        State           Amount
 
------------------------------------------------------                               ------         $----------
 

    Any other environmental obligations that are assured through a 
financial test.

 
                         Name                                Amount
 
----------------                                             $----------
 


*10. Total of all amounts                                    $----------
 
*11. Line 10 + $10,000,000 =                                 $----------
 
*12. Total Assets                                            $----------
 
*13. Intangible Assets                                       $----------
 
*14. Tangible Assets (Line 12.-Line 13)                      $----------
 
*15. Tangible Net Worth (Line 14.-Line 1.)                   $----------
 
*16. Assets in the United States                             $----------
 
Is Line 15 greater than Line 11?                                 ----Yes
                                                                  ----No
Is Line 16 no less than Line 10?                                 ----Yes
                                                                  ----No
 

[You must be able to answer Yes to both these questions to use the 
financial test for this facility.]

    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 267.151 as such regulations were constituted 
on the date shown immediately below.

 [Signature]____________________________________________________________

 [Name]_________________________________________________________________

 [Title]________________________________________________________________

 [Date]_________________________________________________________________

[After completion, a signed copy of the form must be sent to the 
permitting authority of the state or territory where the facility is 
located. In addition, a signed copy must be sent to every authority who 
(1) requires a demonstration through a financial test for each of the 
other obligations in the letter that are assured through a financial 
test, or (2) accepts a guarantee for an obligation listed in this 
letter.]

    (b) The chief financial officer of an owner or operator of a 
facility with a standardized permit who use a financial test to 
demonstrate financial assurance only for third party liability for that 
(or other standardized permit) facility(ies) must complete a letter as 
specified in Section 267.147(f) of this chapter. The letter must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

    I am the chief financial officer of [name and address of firm]. This 
letter is in support of this firm's use of the financial test to 
demonstrate financial assurance for third party liability, as specified 
in [insert ``subpart H of 40 CFR part 267'' or the citation to the 
corresponding state regulation]. This firm qualifies for the financial 
test on the basis of having tangible net worth of at least $10 million 
more than the amount of liability coverage and assets in the United 
States of at least the amount of liability coverage.
    This firm [insert ``is required'' or ``is not required''] to file a 
Form 10K with the Securities and Exchange Commission (SEC) for the 
latest fiscal year.
    The fiscal year of this firm ends on [month, day]. The figures for 
the following items marked with an asterisk are derived from this firm's 
independently audited, year-end financial statements for the latest 
completed fiscal year, ended [date].

[Please complete the following section.]

 
 
 
*1. Total Assets.....................................        $----------
 
*2. Intangible Assets................................        $----------
 

[[Page 147]]

 
*3. Tangible Assets (Line 1-Line 2)..................        $----------
 
*4. Total Liabilities................................        $----------
 
 5. Tangible Net Worth (Line 3-Line 4)...............        $----------
 
*6. Assets in the United States......................        $----------
 
 7. Amount of liability coverage.....................        $----------
 
Is Line 5 At least $10 million greater than Line 7?..            ----Yes
                                                                  ----No
Is Line 6 at least equal to Line 7?..................            ----Yes
                                                                  ----No
 

[You must be able to answer Yes to both these questions to use the 
financial test for this facility.]

    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 267.151 as such regulations were constituted 
on the date shown immediately below.

 [Signature]____________________________________________________________

 [Name]_________________________________________________________________

 [Title]________________________________________________________________

 [Date]_________________________________________________________________

[After completion, a signed copy of the form must be sent to the 
permitting authority of the state or territory where the facility(ies) 
is(are) located.]



               Subpart I_Use and Management of Containers



Sec. 267.170  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
treats or stores hazardous waste in containers under a 40 CFR part 270 
subpart J standardized permit, except as provided in Sec. 267.1(b).



Sec. 267.171  What standards apply to the containers?

    Standards apply to the condition of the containers, to the 
compatibility of waste with the containers, and to the management of the 
containers.
    (a) Condition of containers. If a container holding hazardous waste 
is not in good condition (for example, it exhibits severe rusting or 
apparent structural defects) or if it begins to leak, you must either:
    (1) Transfer the hazardous waste from this container to a container 
that is in good condition; or
    (2) Manage the waste in some other way that complies with the 
requirements of this part.
    (b) Compatibility of waste with containers. To ensure that the 
ability of the container to contain the waste is not impaired, you must 
use a container made of or lined with materials that are compatible and 
will not react with the hazardous waste to be stored.
    (c) Management of containers. (1) You must always keep a container 
holding hazardous waste closed during storage, except when you add or 
remove waste.
    (2) You must never open, handle, or store a container holding 
hazardous waste in a manner that may rupture the container or cause it 
to leak.



Sec. 267.172  What are the inspection requirements?

    At least weekly, you must inspect areas where you store containers, 
looking for leaking containers and for deterioration of containers and 
the containment system caused by corrosion or other factors.



Sec. 267.173  What standards apply to the container storage areas?

    (a) You must design and operate a containment system for your 
container storage areas according to the requirements in paragraph (b) 
of this section, except as otherwise provided by paragraph (c) of this 
section.
    (b) The design and operating requirements for a containment system 
are:
    (1) A base must underlie the containers that is free of cracks or 
gaps and is sufficiently impervious to contain leaks, spills, and 
accumulated precipitation until the collected material is detected and 
removed.
    (2) The base must be sloped or the containment system, must be 
otherwise designed and operated to drain and remove liquids resulting 
from leaks, spills, or precipitation, unless

[[Page 148]]

the containers are elevated or are otherwise protected from contact with 
accumulated liquids.
    (3) The containment system must have sufficient capacity to contain 
10% of the volume of containers, or the volume of the largest container, 
whichever is greater. This requirement does not apply to containers that 
do not contain free liquids.
    (4) You must prevent run-on into the containment system unless the 
collection system has sufficient excess capacity, in addition to that 
required in paragraph (b)(3) of this section, to contain the liquid.
    (5) You must remove any spilled or leaked waste and accumulated 
precipitation from the sump or collection area as promptly as is 
necessary to prevent overflow of the collection system.
    (c) Except as provided in paragraph (d) of this section, you do not 
need a containment system as defined in paragraph (b) of this section 
for storage areas that store containers holding only wastes with no free 
liquids, if:
    (1) The storage area is sloped or is otherwise designed and operated 
to drain and remove liquid resulting from precipitation; or
    (2) The containers are elevated or are otherwise protected from 
contact with accumulated liquid.
    (d) You must have a containment system defined by paragraph (b) of 
this section for storage areas that store containers holding FO20, FO21, 
FO22, FO23, FO26, and FO27 wastes, even if the wastes do not contain 
free liquids.



Sec. 267.174  What special requirements must I meet for ignitable or reactive waste?

    You must locate containers holding ignitable or reactive waste at 
least 15 meters (50 feet) from your facility property line. You must 
also follow the general requirements for ignitable or reactive wastes 
that are specified in Sec. 267.17(a).



Sec. 267.175  What special requirements must I meet for incompatible wastes?

    (a) You must not place incompatible wastes, or incompatible wastes 
and materials (see appendix V to 40 CFR part 264 for examples), in the 
same container, unless you comply with Sec. 267.17(b).
    (b) You must not place hazardous waste in an unwashed container that 
previously held an incompatible waste or material.
    (c) You must separate a storage container holding a hazardous waste 
that is incompatible with any waste or with other materials stored 
nearby in other containers, piles, open tanks, or surface impoundments 
from the other materials, or protect the containers by means of a dike, 
berm, wall, or other device.



Sec. 267.176  What must I do when I want to stop using the containers?

    You must remove all hazardous waste and hazardous waste residues 
from the containment system. You must decontaminate or remove remaining 
containers, liners, bases, and soil containing, or contaminated with, 
hazardous waste or hazardous waste residues.



Sec. 267.177  What air emission standards apply?

    You must manage all hazardous waste placed in a container according 
to the requirements of subparts AA, BB, and CC of 40 CFR part 264. Under 
a standardized permit, the following control devices are permissible: 
Thermal vapor incinerator, catalytic vapor incinerator, flame, boiler, 
process heater, condenser, and carbon absorption unit.



                         Subpart J_Tank Systems



Sec. 267.190  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
treats or stores hazardous waste in above-ground or on-ground tanks 
under a 40 CFR part 270 subpart J standardized permit, except as 
provided in Sec. 267.1(b).
    (a) You do not have to meet the secondary containment requirements 
in Sec. 267.195 if your tank systems do not contain free liquids and 
are situated inside a building with an impermeable floor. You must 
demonstrate the absence or presence of free liquids in the stored/
treated waste, using Method

[[Page 149]]

9095B (Paint Filter Liquids Test) as described in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in 40 CFR 260.11.
    (b) You do not have to meet the secondary containment requirements 
of Sec. 267.195(a) if your tank system, including sumps, as defined in 
40 CFR 260.10, is part of a secondary containment system to collect or 
contain releases of hazardous wastes.



Sec. 267.191  What are the required design and construction standards for new tank systems or components?

    You must ensure that the foundation, structural support, seams, 
connections, and pressure controls (if applicable) are adequately 
designed and that the tank system has sufficient structural strength, 
compatibility with the waste(s) to be stored or treated, and corrosion 
protection to ensure that it will not collapse, rupture, or fail. You 
must obtain a written assessment, reviewed and certified by an 
independent, qualified registered professional engineer, following 40 
CFR 270.11(d), attesting that the tank system has sufficient structural 
integrity and is acceptable for the storing and treating of hazardous 
waste. This assessment must include, at a minimum, the following 
information:
    (a) Design standard(s) for the construction of tank(s) and/or the 
ancillary equipment.
    (b) Hazardous characteristics of the waste(s) to be handled.
    (c) For new tank systems or components in which the external shell 
of a metal tank or any external metal component of the tank system will 
be in contact with the soil or with water, a determination by a 
corrosion expert of:
    (1) Factors affecting the potential for corrosion, such as:
    (i) Soil moisture content.
    (ii) Soil pH.
    (iii) Soil sulfides level.
    (iv) Soil resistivity.
    (v) Structure to soil potential.
    (vi) Existence of stray electric current.
    (vii) Existing corrosion-protection measures (for example, coating, 
cathodic protection).
    (2) The type and degree of external corrosion protection needed to 
ensure the integrity of the tank system during the use of the tank 
system or component, consisting of one or more of the following:
    (i) Corrosion-resistant materials of construction such as special 
alloys, fiberglass reinforced plastic, etc.
    (ii) Corrosion-resistant coating (such as epoxy, fiberglass, etc.) 
with cathodic protection (for example, impressed current or sacrificial 
anodes) and
    (iii) Electrical isolation devices such as insulating joints, 
flanges, etc.
    (d) Design considerations to ensure that:
    (1) Tank foundations will maintain the load of a full tank.
    (2) Tank systems will be anchored to prevent flotation or 
dislodgment where the tank system is placed in a saturated zone, or is 
located within a seismic fault zone subject to the standards of Sec. 
267.18(a).
    (3) Tank systems will withstand the effects of frost heave.



Sec. 267.192  What handling and inspection procedures must I follow during installation of new tank systems?

    (a) You must ensure that you follow proper handling procedures to 
prevent damage to a new tank system during installation. Before placing 
a new tank system or component in use, an independent, qualified 
installation inspector or an independent, qualified, registered 
professional engineer, either of whom is trained and experienced in the 
proper installation of tank systems or components, must inspect the 
system for the presence of any of the following items:
    (1) Weld breaks.
    (2) Punctures.
    (3) Scrapes of protective coatings.
    (4) Cracks.
    (5) Corrosion.
    (6) Other structural damage or inadequate construction/installation.
    (b) You must remedy all discrepancies before the tank system is 
placed in use.



Sec. 267.193  What testing must I do?

    You must test all new tanks and ancillary equipment for tightness 
before

[[Page 150]]

you place them in use. If you find a tank system that is not tight, you 
must perform all repairs necessary to remedy the leak(s) in the system 
before you cover, enclose, or place the tank system into use.



Sec. 267.194  What installation requirements must I follow?

    (a) You must support and protect ancillary equipment against 
physical damage and excessive stress due to settlement, vibration, 
expansion, or contraction.
    (b) You must provide the type and degree of corrosion protection 
recommended by an independent corrosion expert, based on the information 
provided under Sec. 267.191(c), to ensure the integrity of the tank 
system during use of the tank system. An independent corrosion expert 
must supervise the installation of a corrosion protection system that is 
field fabricated to ensure proper installation.
    (c) You must obtain, and keep at the facility, written statements by 
those persons required to certify the design of the tank system and to 
supervise the installation of the tank system as required in Sec. Sec. 
267.192, 267.193, and paragraphs (a) and (b) of this section. The 
written statement must attest that the tank system was properly designed 
and installed and that you made repairs under Sec. Sec. 267.192 and 
267.193. These written statements must also include the certification 
statement as required in 40 CFR 270.11(d).



Sec. 267.195  What are the secondary containment requirements?

    To prevent the release of hazardous waste or hazardous constituents 
to the environment, you must provide secondary containment that meets 
the requirements of this section for all new and existing tank systems.
    (a) Secondary containment systems must be:
    (1) Designed, installed, and operated to prevent any migration of 
wastes or accumulated liquid out of the system to the soil, groundwater, 
or surface water at any time during the use of the tank system; and
    (2) Capable of detecting and collecting releases and accumulated 
liquids until the collected material is removed.
    (b) To meet the requirements of paragraph (a) of this section, 
secondary containment systems must be, at a minimum:
    (1) Constructed of or lined with materials that are compatible with 
the wastes(s) to be placed in the tank system and must have sufficient 
strength and thickness to prevent failure owing to pressure gradients 
(including static head and external hydrological forces), physical 
contact with the waste to which it is exposed, climatic conditions, and 
the stress of daily operation (including stresses from nearby vehicular 
traffic).
    (2) Placed on a foundation or base capable of providing support to 
the secondary containment system, resistance to pressure gradients above 
and below the system, and capable of preventing failure due to 
settlement, compression, or uplift.
    (3) Provided with a leak-detection system that is designed and 
operated so that it will detect the failure of either the primary or 
secondary containment structure or the presence of any release of 
hazardous waste or accumulated liquid in the secondary containment 
system within 24 hours.
    (4) Sloped or otherwise designed or operated to drain and remove 
liquids resulting from leaks, spills, or precipitation. You must remove 
spilled or leaked waste and accumulated precipitation from the secondary 
containment system within 24 hours, or as promptly as possible, to 
prevent harm to human health and the environment.



Sec. 267.196  What are the required devices for secondary containment and what are their design, operating and installation requirements?

    (a) Secondary containment for tanks must include one or more of the 
following:
    (1) A liner (external to the tank).
    (2) A double-walled tank.
    (3) An equivalent device; you must maintain documentation of 
equivalency at the facility.
    (b) External liner systems must be:
    (1) Designed or operated to contain 100 percent of the capacity of 
the largest tank within its boundary.

[[Page 151]]

    (2) Designed or operated to prevent run-on or infiltration of 
precipitation into the secondary containment system unless the 
collection system has sufficient excess capacity to contain run-on or 
infiltration. The additional capacity must be sufficient to contain 
precipitation from a 25-year, 24-hour rainfall event.
    (3) Free of cracks or gaps.
    (4) Designed and installed to surround the tank completely and to 
cover all surrounding earth likely to come into contact with the waste 
if the waste is released from the tank(s) (that is, capable of 
preventing lateral as well as vertical migration of the waste).
    (c) Double-walled tanks must be:
    (1) Designed as an integral structure (that is, an inner tank 
completely enveloped within an outer shell) so that any release from the 
inner tank is contained by the outer shell.
    (2) Protected, if constructed of metal, from both corrosion of the 
primary tank interior and of the external surface of the outer shell.
    (3) Provided with a built-in continuous leak detection system 
capable of detecting a release within 24 hours.



Sec. 267.197  What are the requirements for ancillary equipment?

    You must provide ancillary equipment with secondary containment (for 
example, trench, jacketing, double-walled piping) that meets the 
requirements of Sec. 267.195 (a) and (b), except for:
    (a) Above ground piping (exclusive of flanges, joints, valves, and 
other connections) that are visually inspected for leaks on a daily 
basis;
    (b) Welded flanges, welded joints, and welded connections, that are 
visually inspected for leaks on a daily basis;
    (c) Sealless or magnetic coupling pumps and sealless valves, that 
are visually inspected for leaks on a daily basis; and
    (d) Pressurized above ground piping systems with automatic shut-off 
devices (for example, excess flow check valves, flow metering shutdown 
devices, loss of pressure actuated shut-off devices) that are visually 
inspected for leaks on a daily basis.



Sec. 267.198  What are the general operating requirements for my tank systems?

    (a) You must not place hazardous wastes or treatment reagents in a 
tank system if they could cause the tank, its ancillary equipment, or 
the containment system to rupture, leak, corrode, or otherwise fail.
    (b) You must use appropriate controls and practices to prevent 
spills and overflows from tank or containment systems. These include, at 
a minimum:
    (1) Spill prevention controls (for example, check valves, dry 
disconnect couplings).
    (2) Overfill prevention controls (for example, level sensing 
devices, high level alarms, automatic feed cutoff, or bypass to a 
standby tank).
    (3) Sufficient freeboard in uncovered tanks to prevent overtopping 
by wave or wind action or by precipitation.
    (c) You must comply with the requirements of Sec. 267.200 if a leak 
or spill occurs in the tank system.



Sec. 267.199  What inspection requirements must I meet?

    You must comply with the following requirements for scheduling, 
conducting, and documenting inspections.
    (a) Develop and follow a schedule and procedure for inspecting 
overfill controls.
    (b) Inspect at least once each operating day:
    (1) Aboveground portions of the tank system to detect corrosion or 
releases of waste.
    (2) Data gathered from monitoring and leak detection equipment (for 
example, pressure or temperature gauges, monitoring wells) to ensure 
that the tank system is being operated according to its design.
    (3) The construction materials and the area immediately surrounding 
the externally accessible portion of the tank system, including the 
secondary containment system (for example, dikes) to detect erosion or 
signs of releases of hazardous waste (for example, wet spots, dead 
vegetation).
    (c) Inspect cathodic protection systems, if present, according to, 
at a minimum, the following schedule to

[[Page 152]]

ensure that they are functioning properly:
    (1) Confirm that the cathodic protection system is operating 
properly within six months after initial installation and annually 
thereafter.
    (2) Inspect and/or test all sources of impressed current, as 
appropriate, at least every other month.
    (d) Document, in the operating record of the facility, an inspection 
of those items in paragraphs (a) through (c) of this section.



Sec. 267.200  What must I do in case of a leak or a spill?

    If there has been a leak or a spill from a tank system or secondary 
containment system, or if either system is unfit for use, you must 
remove the system from service immediately, and you must satisfy the 
following requirements:
    (a) Immediately stop the flow of hazardous waste into the tank 
system or secondary containment system and inspect the system to 
determine the cause of the release.
    (b) Remove the waste from the tank system or secondary containment 
system.
    (1) If the release was from the tank system, you must, within 24 
hours after detecting the leak, remove as much of the waste as is 
necessary to prevent further release of hazardous waste to the 
environment and to allow inspection and repair of the tank system to be 
performed.
    (2) If the material released was to a secondary containment system, 
you must remove all released materials within 24 hours or as quickly as 
possible to prevent harm to human health and the environment.
    (c) Immediately conduct a visual inspection of the release and, 
based upon that inspection:
    (1) Prevent further migration of the leak or spill to soils or 
surface water.
    (2) Remove, and properly dispose of, any visible contamination of 
the soil or surface water.
    (d) Report any release to the environment, except as provided in 
paragraph (d)(1) of this section, to the Regional Administrator within 
24 hours of its detection. If you have reported the release pursuant to 
40 CFR part 302, that report will satisfy this requirement.
    (1) You need not report on a leak or spill of hazardous waste if it 
is:
    (i) Less than or equal to a quantity of one (1) pound; and
    (ii) Immediately contained and cleaned up.
    (2) Within 30 days of detection of a release to the environment, you 
must submit a report to the Regional Administrator containing the 
following information:
    (i) The likely route of migration of the release.
    (ii) The characteristics of the surrounding soil (soil composition, 
geology, hydrogeology, climate).
    (iii) The results of any monitoring or sampling conducted in 
connection with the release (if available). If sampling or monitoring 
data relating to the release are not available within 30 days, you must 
submit these data to the Regional Administrator as soon as they become 
available.
    (iv) The proximity to downgradient drinking water, surface water, 
and populated areas.
    (v) A description of response actions taken or planned.
    (e) Either close the system or make necessary repairs.
    (1) Unless you satisfy the requirements of paragraphs (e)(2) and (3) 
of this section, you must close the tank system according to Sec. 
267.201.
    (2) If the cause of the release was a spill that has not damaged the 
integrity of the system, you may return the system to service as soon as 
you remove the released waste and make any necessary repairs.
    (3) If the cause of the release was a leak from the primary tank 
system into the secondary containment system, you must repair the system 
before returning the tank system to service.
    (f) If you have made extensive repairs to a tank system in 
accordance with paragraph (e) of this section (for example, installation 
of an internal liner; repair of a ruptured primary containment or 
secondary containment vessel), you may not return the tank system to 
service unless the repair is certified by an independent, qualified, 
registered, professional engineer in accordance with 40 CFR 270.11(d).

[[Page 153]]

    (1) The engineer must certify that the repaired system is capable of 
handling hazardous wastes without release for the intended life of the 
system.
    (2) You must submit this certification to the Regional Administrator 
within seven days after returning the tank system to use.



Sec. 267.201  What must I do when I stop operating the tank system?

    When you close a tank system, you must remove or decontaminate all 
waste residues, contaminated containment system components (liners, 
etc.), contaminated soils, and structures and equipment contaminated 
with waste, and manage them as hazardous waste, unless 40 CFR 261.3(d) 
applies. The closure plan, closure activities, cost estimates for 
closure, and financial responsibility for tank systems must meet all of 
the requirements specified in subparts G and H of this part.



Sec. 267.202  What special requirements must I meet for ignitable or reactive wastes?

    (a) You may not place ignitable or reactive waste in tank systems, 
unless:
    (1) You treat, render, or mix the waste before or immediately after 
placement in the tank system so that:
    (i) You comply with Sec. 267.17(b); and
    (ii) The resulting waste, mixture, or dissolved material no longer 
meets the definition of ignitable or reactive waste under Sec. 261.21 
or Sec. 261.23 of this chapter; or
    (2) You store or treat the waste in such a way that it is protected 
from any material or conditions that may cause the waste to ignite or 
react; or
    (3) You use the tank system solely for emergencies.
    (b) If you store or treat ignitable or reactive waste in a tank, you 
must comply with the requirements for the maintenance of protective 
distances between the waste management area and any public ways, 
streets, alleys, or an adjoining property line that can be built upon as 
required in Tables 2-1 through 2-6 of the National Fire Protection 
Association's ``Flammable and Combustible Liquids Code,'' (1977 or 
1981), (incorporated by reference, see 40 CFR 260.11).



Sec. 267.203  What special requirements must I meet for incompatible wastes?

    (a) You may not place incompatible wastes, or incompatible wastes 
and materials, in the same tank system, unless you comply with Sec. 
267.17(b).
    (b) You may not place hazardous waste in a tank system that has not 
been decontaminated and that previously held an incompatible waste or 
material, unless you comply with Sec. 267.17(b).



Sec. 267.204  What air emission standards apply?

    You must manage all hazardous waste placed in a tank following the 
requirements of subparts AA, BB, and CC of 40 CFR part 264. Under a 
standardized permit, the following control devices are permissible: 
Thermal vapor incinerator, catalytic vapor incinerator, flame, boiler, 
process heater, condenser, and carbon absorption unit.

Subparts K through CC [Reserved]



                    Subpart DD_Containment buildings



Sec. 267.1100  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
treats or stores hazardous waste in containment buildings under a 40 CFR 
part 270 subpart J standardized permit, except as provided in Sec. 
267.1(b). Storage and/or treatment in your containment building is not 
land disposal as defined in 40 CFR 268.2 if your unit meets the 
requirements of Sec. Sec. 267.1101, 267.1102, and 267.1103.



Sec. 267.1101  What design and operating standards must my containment building meet?

    Your containment building must comply with the design and operating 
standards in this section. EPA will consider standards established by 
professional organizations generally recognized by the industry such as 
the American Concrete Institute (ACI) and the American Society of 
Testing Materials (ASTM) in judging the structural integrity 
requirements of this section.

[[Page 154]]

    (a) The containment building must be completely enclosed with a 
floor, walls, and a roof to prevent exposure to the elements, (e.g., 
precipitation, wind, run-on), and to assure containment of managed 
wastes.
    (b) The floor and containment walls of the unit, including the 
secondary containment system, if required under Sec. 267.1103, must be 
designed and constructed of manmade materials of sufficient strength and 
thickness to:
    (1) Support themselves, the waste contents, and any personnel and 
heavy equipment that operates within the unit.
    (2) Prevent failure due to:
    (i) Pressure gradients, settlement, compression, or uplift.
    (ii) Physical contact with the hazardous wastes to which they are 
exposed.
    (iii) Climatic conditions.
    (iv) Stresses of daily operation, including the movement of heavy 
equipment within the unit and contact of such equipment with containment 
walls.
    (v) Collapse or other failure.
    (c) All surfaces to be in contact with hazardous wastes must be 
chemically compatible with those wastes.
    (d) You must not place incompatible hazardous wastes or treatment 
reagents in the unit or its secondary containment system if they could 
cause the unit or secondary containment system to leak, corrode, or 
otherwise fail.
    (e) A containment building must have a primary barrier designed to 
withstand the movement of personnel, waste, and handling equipment in 
the unit during the operating life of the unit and appropriate for the 
physical and chemical characteristics of the waste to be managed.
    (f) If appropriate to the nature of the waste management operation 
to take place in the unit, an exception to the structural strength 
requirement may be made for light-weight doors and windows that meet 
these criteria:
    (1) They provide an effective barrier against fugitive dust 
emissions under Sec. 267.1102(d).
    (2) The unit is designed and operated in a fashion that assures that 
wastes will not actually come in contact with these openings.
    (g) You must inspect and record in the facility's operating record, 
at least once every seven days, data gathered from monitoring equipment 
and leak detection equipment, as well as the containment building and 
the area immediately surrounding the containment building to detect 
signs of releases of hazardous waste.
    (h) You must obtain certification by a qualified registered 
professional engineer that the containment building design meets the 
requirements of Sec. Sec. 267.1102, 267.1103, and paragraphs (a) 
through (f) of this section.



Sec. 267.1102  What other requirements must I meet to prevent releases?

    You must use controls and practices to ensure containment of the 
hazardous waste within the unit, and must, at a minimum:
    (a) Maintain the primary barrier to be free of significant cracks, 
gaps, corrosion, or other deterioration that could cause hazardous waste 
to be released from the primary barrier.
    (b) Maintain the level of the stored/treated hazardous waste within 
the containment walls of the unit so that the height of any containment 
wall is not exceeded.
    (c) Take measures to prevent personnel or by equipment used in 
handling the waste from tracking hazardous waste out of the unit. You 
must designate an area to decontaminate equipment, and you must collect 
and properly manage any rinsate.
    (d) Take measures to control fugitive dust emissions such that any 
openings (doors, windows, vents, cracks, etc.) exhibit no visible 
emissions (see 40 CFR part 60, appendix A, Method 22--Visual 
Determination of Fugitive Emissions from Material Sources and Smoke 
Emissions from Flares). In addition, you must operate and maintain all 
associated particulate collection devices (for example, fabric filter, 
electrostatic precipitator) with sound air pollution control practices. 
You must effectively maintain this state of no visible emissions at all 
times during routine operating and maintenance conditions, including 
when vehicles and personnel are entering and exiting the unit.

[[Page 155]]



Sec. 267.1103  What additional design and operating standards apply if liquids will be in my containment building?

    If your containment building will be used to manage hazardous wastes 
containing free liquids or treated with free liquids, as determined by 
the paint filter test, by a visual examination, or by other appropriate 
means, you must include:
    (a) A primary barrier designed and constructed of materials to 
prevent the migration of hazardous constituents into the barrier (for 
example, a geomembrane covered by a concrete wear surface).
    (b) A liquid collection and removal system to minimize the 
accumulation of liquid on the primary barrier of the containment 
building.
    (1) The primary barrier must be sloped to drain liquids to the 
associated collection system; and
    (2) You must collect and remove liquids and waste to minimize 
hydraulic head on the containment system at the earliest practicable 
time.
    (c) A secondary containment system, including a secondary barrier 
designed and constructed to prevent migration of hazardous constituents 
into the barrier, and a leak detection system capable of detecting 
failure of the primary barrier and collecting accumulated hazardous 
wastes and liquids at the earliest practical time.
    (1) You may meet the requirements of the leak detection component of 
the secondary containment system by installing a system that is, at a 
minimum:
    (i) Constructed with a bottom slope of 1 percent or more; and
    (ii) Constructed of a granular drainage material with a hydraulic 
conductivity of 1 x 10-\2\ cm/sec or more and a thickness of 
12 inches (30.5 cm) or more, or constructed of synthetic or geonet 
drainage materials with a transmissivity of 3 x 10-5 m\2\sec or more.
    (2) If you will be conducting treatment in the building, you must 
design the area in which the treatment will be conducted to prevent the 
release of liquids, wet materials, or liquid aerosols to other portions 
of the building.
    (3) You must construct the secondary containment system using 
materials that are chemically resistant to the waste and liquids managed 
in the containment building and of sufficient strength and thickness to 
prevent collapse under the pressure exerted by overlaying materials and 
by any equipment used in the containment building.



Sec. 267.1104  How may I obtain a waiver from secondary containment requirements?

    Notwithstanding any other provision of this subpart, the Regional 
Administrator may waive requirements for secondary containment for a 
permitted containment building where:
    (a) You demonstrate that the only free liquids in the unit are 
limited amounts of dust suppression liquids required to meet 
occupational health and safety requirements, and
    (b) Containment of managed wastes and dust suppression liquids can 
be assured without a secondary containment system.



Sec. 267.1105  What do I do if my containment building contains areas both with and without secondary containment?

    For these containment buildings, you must:
    (a) Design and operate each area in accordance with the requirements 
enumerated in Sec. Sec. 267.1101 through 267.1103.
    (b) Take measures to prevent the release of liquids or wet materials 
into areas without secondary containment.
    (c) Maintain in the facility's operating log a written description 
of the operating procedures used to maintain the integrity of areas 
without secondary containment.



Sec. 267.1106  What do I do if I detect a release?

    Throughout the active life of the containment building, if you 
detect a condition that could lead to or has caused a release of 
hazardous waste, you must repair the condition promptly, in accordance 
with the following procedures.
    (a) Upon detection of a condition that has lead to a release of 
hazardous waste (for example, upon detection of leakage from the primary 
barrier), you must:
    (1) Enter a record of the discovery in the facility operating 
record;

[[Page 156]]

    (2) Immediately remove the portion of the containment building 
affected by the condition from service;
    (3) Determine what steps you must take to repair the containment 
building, to remove any leakage from the secondary collection system, 
and to establish a schedule for accomplishing the cleanup and repairs; 
and
    (4) Within 7 days after the discovery of the condition, notify the 
Regional Administrator of the condition, and within 14 working days, 
provide a written notice to the Regional Administrator with a 
description of the steps taken to repair the containment building, and 
the schedule for accomplishing the work.
    (b) The Regional Administrator will review the information 
submitted, make a determination regarding whether the containment 
building must be removed from service completely or partially until 
repairs and cleanup are complete, and notify you of the determination 
and the underlying rationale in writing.
    (c) Upon completing all repairs and cleanup, you must notify the 
Regional Administrator in writing and provide a verification, signed by 
a qualified, registered professional engineer, that the repairs and 
cleanup have been completed according to the written plan submitted in 
accordance with paragraph (a)(4) of this section.



Sec. 267.1107  Can a containment building itself be considered secondary containment?

    Containment buildings can serve as secondary containment systems for 
tanks placed within the building under certain conditions.
    (a) A containment building can serve as an external liner system for 
a tank, provided it meets the requirements of Sec. 267.196(a).
    (b) The containment building must also meet the requirements of 
Sec. 267.195(a), (b)(1) and (2) to be considered an acceptable 
secondary containment system for a tank.



Sec. 267.1108  What must I do when I stop operating the containment building?

    When you close a containment building, you must remove or 
decontaminate all waste residues, contaminated containment system 
components (liners, etc.), contaminated subsoils, and structures and 
equipment contaminated with waste and leachate, and manage them as 
hazardous waste unless 40 CFR 261.3(d) applies. The closure plan, 
closure activities, cost estimates for closure, and financial 
responsibility for containment buildings must meet all of the 
requirements specified in subparts G and H of this part.



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

268.20 Waste specific prohibitions--Dyes and/or pigments production 
          wastes.
268.21-268.29 [Reserved]
268.30 Waste specific prohibitions--Wood preserving wastes.
268.31 Waste specific prohibitions--Dioxin-containing wastes.
268.32 Waste specific prohibitions--Soils exhibiting the toxicity 
          characteristic for metals and containing PCBs.
268.33 Waste specific prohibitions--chlorinated aliphatic wastes.
268.34 Waste specific prohibitions--toxicity characteristic metal 
          wastes.
268.35 Waste specific prohibitions--petroleum refining wastes.

[[Page 157]]

268.36 Waste specific prohibitions--inorganic chemical wastes
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.

Appendixes I-II to Part 268 [Reserved]
Appendix III to Part 268--List of Halogenated Organic Compounds 
          Regulated Under Sec. 268.32
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 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

[[Page 158]]

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.
    (1) Batteries as described in 40 CFR 273.2;
    (2) Pesticides as described in Sec. 273.3 of this chapter;
    (3) Mercury-containing equipment as described in Sec. 273.4 of this 
chapter; and
    (4) Lamps as described in 40 CFR 273.5.

[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; 64 FR 
36488, July 6, 1999; 70 FR 45520, Aug. 5, 2005]



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

[[Page 159]]

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 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; 71 FR 
40278, July 14, 2006]



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

[[Page 160]]

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 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 Sec. Sec. 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 265 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,

[[Page 161]]

    (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; 71 FR 40278, July 14, 2006]



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:
    (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

[[Page 162]]

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 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.

[[Page 163]]

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;
    (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;

[[Page 164]]

    (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 meets 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 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

[[Page 165]]

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; 71 FR 40278, July 14, 2006]



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, 268.45, or Sec. 268.49. This 
determination can be made concurrently with the hazardous waste 
determination required in Sec. 262.11 of this chapter, 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, (incorporated by reference, 
see 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. 
(Alternatively, the generator must send the waste to a RCRA-permitted 
hazardous waste treatment facility, where the waste treatment facility 
must comply with the requirements of Sec. 264.13 of this chapter and 
paragraph (b) of this section.) 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 soils 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 contaminated 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.

[[Page 166]]

    (2) If the waste or contaminated soil does not meet the treatment 
standards, or if the generator chooses not to make the determination of 
whether his waste must be treated, 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 paragraph (a)(4) of this section. (Alternatively, 
if the generator chooses not to make the determination of whether the 
waste must be treated, the notification must include the EPA Hazardous 
Waste Numbers and Manifest Number of the first shipment and must state 
``This hazardous waste may or may not be subject to the LDR treatment 
standards. The treatment facility must make the determination.'') 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.
    (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 column 
``268.7(a)(3)'' of the Generator Paperwork Requirements Table in Sec. 
268.7(a)(4).
    (iii) If the waste changes, the generator must send a new notice and 
certification to the receiving facility, and place a copy in their 
files. Generators of hazardous debris excluded from the definition of 
hazardous waste under Sec. 261.3(f) of this chapter are not subject to 
these requirements.
    (4) For reporting, tracking, and recordkeeping when exceptions allow 
certain wastes or contaminated soil that do not meet the treatment 
standards 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        [bcheck]      [bcheck]      [bcheck]      [bcheck]
 first shipment.........................................
2. Statement: this waste is not prohibited from land                                     [bcheck]
 disposal...............................................

[[Page 167]]

 
3. The waste is subject to the LDRs. The constituents of     [bcheck]      [bcheck]
 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/        [bcheck]      [bcheck]
 nonwastewater category (see Sec. Sec.  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).................     [bcheck]      [bcheck]      [bcheck]
6. Date the waste is subject to the prohibition.........                                 [bcheck]
7. For hazardous debris, when treating with the              [bcheck]                    [bcheck]
 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      [bcheck]      [bcheck]
 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                   [bcheck]                    [bcheck]
 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 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

[[Page 168]]

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 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

[[Page 169]]

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
------------------------------------------------------------------------
                                                                Sec.
                   Required information                       268.7(b)
------------------------------------------------------------------------
1. EPA Hazardous Waste Numbers and Manifest Number of          [bcheck]
 first shipment...........................................
2. The waste is subject to the LDRs. The constituents of       [bcheck]
 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/          [bcheck]
 nonwastewater category (see Sec. Sec.  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)...................     [bcheck]
5. For contaminated soil subject to LDRs as provided in        [bcheck]
 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       [bcheck]
 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(f) 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 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.


[[Page 170]]


    (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. 266.20(b) of 
this chapter regarding treatment standards and prohibition levels, the 
owner or operator of a treatment facility (i.e., the recycler) must, for 
the initial shipment of waste, prepare a one-time certification 
described in paragraph (b)(4) of this section, and a one-time notice 
which includes the information in paragraph (b)(3) of this section 
(except the manifest number). The certification and notification must be 
placed in the facility's on-site files. If the waste or the receiving 
facility changes, a new certification and notification must be prepared 
and placed in the on site files. In addition, the recycling facility 
must also 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 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(f) 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

[[Page 171]]

submitted to the EPA Regional hazardous waste management division 
director (or his designated representative) or State authorized to 
implement part 268 requirements:
    (i) The name and address of the Subtitle D facility receiving the 
treated debris;
    (ii) A description of the hazardous debris as initially generated, 
including the applicable EPA Hazardous Waste Number(s); and
    (iii) For debris excluded under Sec. 261.3(f)(1) of this chapter, 
the technology from Table 1, Sec. 268.45, used to treat the debris.
    (2) The notification must be updated if the debris is shipped to a 
different facility, and, for debris excluded under Sec. 261.2(f)(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(f)(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]

    Editorial Note: For Federal Register citations affecting Sec. 
268.7, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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. This determination may be made concurrently with the hazardous 
waste determination required in Sec. 262.11 of this chapter. For 
purposes of part 268, the waste will carry the waste code for any 
applicable listed waste (40 CFR part 261, subpart D). In addition, where 
the waste exhibits a characteristic, the waste will carry one or more of 
the characteristic waste codes (40 CFR part 261, subpart C), except when 
the treatment standard for the listed waste operates in lieu of the 
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

[[Page 172]]

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 
generator's or treater's on-site files. The notification and 
certification must be updated if the process or operation generating the 
waste changes and/or if the subtitle D facility receiving the waste 
changes.
    (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; 71 FR 16913, Apr. 4, 
2006]



 Subpart B_Schedule for Land Disposal Prohibition and Establishment of 
                           Treatment Standards

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



Sec. Sec. 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.
    (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, notwithstanding 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,

[[Page 173]]

may continue to be treated in that surface impoundment, notwithstanding 
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, as amended at 71 FR 40278, July 14, 2006]



                 Subpart C_Prohibitions on Land Disposal



Sec. 268.20  Waste specific prohibitions--Dyes and/or pigments production wastes.

    (a) Effective August 23, 2005, the waste specified in 40 CFR part 
261 as EPA Hazardous Waste Number K181, and soil and debris contaminated 
with this waste, radioactive wastes mixed with this waste, and soil and 
debris contaminated with radioactive wastes mixed with this waste 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 has met the treatment standards in Sec. 268.40 
or 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 of the waste, or the 
generator may use knowledge of the waste. If the waste contains 
regulated 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.

[70 FR 9177, Feb. 24, 2005]



Sec. Sec. 268.21-268.29  [Reserved]



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

[[Page 174]]

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 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  Waste specific prohibitions--Soils exhibiting the toxicity characteristic for metals and containing PCBs.

    (a) Effective December 26, 2000, the following wastes are prohibited 
from land disposal: any volumes of soil exhibiting the toxicity 
characteristic solely because of the presence of metals (D004--D011) and 
containing PCBs.
    (b) The requirements of paragraph (a) of this section do not apply 
if:
    (1)(i) The wastes contain halogenated organic compounds in total 
concentration less than 1,000 mg/kg; and
    (ii) The wastes meet the treatment standards specified in Subpart D 
of this part for EPA hazardous waste numbers D004--D011, as applicable; 
or
    (2)(i) The wastes contain halogenated organic compounds in total 
concentration less than 1,000 mg/kg; and
    (ii) The wastes meet the alternative treatment standards specified 
in Sec. 268.49 for contaminated soil; or
    (3) 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
    (4) The wastes meet applicable alternative treatment standards 
established pursuant to a petition granted under Sec. 268.44.

[65 FR 81380, Dec. 26, 2000]



Sec. 268.33  Waste specific prohibitions--chlorinated aliphatic wastes.

    (a) Effective May 8, 2001, the wastes specified in 40 CFR part 261 
as EPA Hazardous Wastes Numbers K174, and K175, soil and debris 
contaminated with these wastes, radioactive wastes mixed with these 
wastes, and soil and debris contaminated with radioactive wastes mixed 
with these 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;

[[Page 175]]

    (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 has met the treatment standards in Sec. 268.40 
or 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 
regulated constituents in excess of the applicable levels of subpart D 
of this part, the waste is prohibited from land disposal, and all 
requirements of part 268 are applicable, except as otherwise specified.
    (d) Disposal of K175 wastes that have complied with all applicable 
40 CFR 268.40 treatment standards must also be macroencapsulated in 
accordance with 40 CFR 268.45 Table 1 unless the waste is placed in:
    (1) A Subtitle C monofill containing only K175 wastes that meet all 
applicable 40 CFR 268.40 treatment standards; or
    (2) A dedicated Subtitle C landfill cell in which all other wastes 
being co-disposed are at pH<=6.0.

[65 FR 67127, Nov. 8, 2000]



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 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.

[[Page 176]]

    (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 are applicable, except as otherwise 
specified.

[63 FR 42186, Aug. 6, 1998]



Sec. 268.36  Waste specific prohibitions--inorganic chemical wastes

    (a) Effective May 20, 2002, the wastes specified in 40 CFR part 261 
as EPA Hazardous Wastes Numbers K176, K177, and K178, and soil and 
debris contaminated with these wastes, radioactive wastes mixed with 
these wastes, and soil and debris contaminated with radioactive wastes 
mixed with these 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 has met the treatment standards in Sec. 268.40 
or 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

[[Page 177]]

waste extract or the waste, or the generator may use knowledge of the 
waste. If the waste contains regulated constituents in excess of the 
applicable subpart D levels, the waste is prohibited from land disposal, 
and all requirements of this part are applicable, except as otherwise 
specified.

[66 FR 58298, Nov. 20, 2001]



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

[[Page 178]]

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 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;

[[Page 179]]

    (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.
    (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 1310B, 
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

[[Page 180]]

    (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 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 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, 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) [Reserved]
    (j) Effective September 4, 1998, the treatment standards for the 
wastes specified in 40 CFR 261.33 as EPA Hazardous Waste numbers P185, 
P191, P192, P197, U364, U394, and U395 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 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.

[[Page 181]]



                                                                            Treatment Standards For Hazardous Wastes
                                                                                 [Note: NA means not applicable]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Regulated hazardous constituent                  Wastewaters         Nonwastewaters
                                                                                              --------------------------------------------------------------------------------------------------
                                                                                                                                                                              Concentration \5\
   Waste  code             Waste description and treatment/Regulatory subcategory \1\                                                                    Concentration \3\     in mg/kg unless
                                                                                                              Common name                    CAS \2\        in mg/L; or        noted as  ``mg/L
                                                                                                                                             number     Technology Code \4\       TCLP''; or
                                                                                                                                                                             Technology Code \4\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D001 \9\           Ignitable Characteristic Wastes, except for the Sec.  261.21(a)(1) High    NA                                                  NA                  DEACT and meet Sec. DEACT and meet Sec.
                    TOC Subcategory.                                                                                                                      268.48 standards     268.48 standards
                                                                                                                                                         \8\; or RORGS; or    \8\; or RORGS; or
                                                                                                                                                                          CMBST                CMBST
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   High TOC Ignitable Characteristic Liquids Subcategory based on 40 CFR       NA                                                  NA                   NA              RORGS; CMBST; or
                    261.21(a)(1)--Greater than or equal to 10% total organic carbon. (Note:                                                                                               POLYM
                    This subcategory consists of nonwastewaters only.)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D002 \9\           Corrosive Characteristic Wastes.                                            NA                                                  NA                  DEACT and meet Sec. DEACT and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D002, D004, D005,  Radioactive high level wastes generated during the reprocessing of fuel     Corrosivity (pH)                                    NA                   NA                HLVIT
 D006, D007,        rods. (Note: This subcategory consists of nonwastewaters only.)            Arsenic                                      7440-38-2                   NA                HLVIT
 D008, D009,                                                                                   Barium                                       7440-39-3                   NA                HLVIT
 D010, D011                                                                                    Cadmium                                      7440-43-9                   NA                HLVIT
                                                                                               Chromium (Total)                             7440-47-3                   NA                HLVIT
                                                                                               Lead                                         7439-92-1                   NA                HLVIT
                                                                                               Mercury                                      7439-97-6                   NA                HLVIT
                                                                                               Selenium                                     7782-49-2                   NA                HLVIT
                                                                                               Silver                                       7440-22-4                   NA                HLVIT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D003 \9\           Reactive Sulfides Subcategory based on 261.23(a)(5).                        NA                                                  NA                  DEACT                DEACT
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Explosives Subcategory based on 261.23(a)(6),(7), and (8).                  NA                                                  NA                  DEACT and meet Sec. DEACT and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Unexploded ordnance and other explosive devices which have been the         NA                                                  NA                  DEACT                DEACT
                    subject of an emergency response.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Other Reactives Subcategory based on 261.23(a)(1).                          NA                                                  NA                  DEACT and meet Sec. DEACT and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 182]]

 
                   Water Reactive Subcategory based on 261.23(a)(2), (3), and (4). (Note:      NA                                                  NA                   NA                  DEACT and meet Sec.
                    This subcategory consists of nonwastewaters only).                                                                                                         268.48 standards
                                                                                                                                                                                            \8\
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Reactive Cyanides Subcategory based on 261.23(a)(5).                        Cyanides (Total) \7\                           57-12-5             Reserved                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D004 \9\           Wastes that exhibit, or are expected to exhibit, the characteristic of      Arsenic                                      7440-38-2    1.4 and meet Sec.          5.0 mg/L TCLP and
                    toxicity for arsenic based on the toxicity characteristic leaching                                                                    268.48 standards   meet Sec.  268.48
                    procedure (TCLP) in SW846.                                                                                                                         \8\        standards \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D005 \9\           Wastes that exhibit, or are expected to exhibit, the characteristic of      Barium                                       7440-39-3    1.2 and meet Sec.           21 mg/L TCLP and
                    toxicity for barium based on the toxicity characteristic leaching                                                                     268.48 standards   meet Sec.  268.48
                    procedure (TCLP) in SW846.                                                                                                                         \8\        standards \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D006 \9\           Wastes that exhibit, or are expected to exhibit, the characteristic of      Cadmium                                      7440-43-9   0.69 and meet Sec.         0.11 mg/L TCLP and
                    toxicity for cadmium based on the toxicity characteristic leaching                                                                    268.48 standards   meet Sec.  268.48
                    procedure (TCLP) in SW846.                                                                                                                         \8\        standards \8\
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Cadmium Containing Batteries Subcategory. (Note: This subcategory consists  Cadmium                                      7440-43-9                   NA                RTHRM
                    of nonwastewaters only).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Radioactively contaminated cadmium containing batteries. (Note: This        Cadmium                                      7440-43-9                   NA   Macroencapsulation
                    subcategory consists of nonwastewaters only)                                                                                                             in accordance with
                                                                                                                                                                                            40 CFR 268.45.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D007 \9\           Wastes that exhibit, or are expected to exhibit, the characteristic of      Chromium (Total)                             7440-47-3   2.77 and meet Sec.         0.60 mg/L TCLP and
                    toxicity for chromium based on the toxicity characteristic leaching                                                                   268.48 standards   meet Sec.  268.48
                    procedure (TCLP) in SW846.                                                                                                                         \8\        standards \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D008 \9\           Wastes that exhibit, or are expected to exhibit, the characteristic of      Lead                                         7439-92-1   0.69 and meet Sec.         0.75 mg/L TCLP and
                    toxicity for lead based on the toxicity characteristic leaching procedure                                                             268.48 standards   meet Sec.  268.48
                    (TCLP) in SW846.                                                                                                                                   \8\        standards \8\
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Lead Acid Batteries Subcategory (Note: This standard only applies to lead   Lead                                         7439-92-1                   NA                RLEAD
                    acid batteries that are identified as RCRA hazardous wastes and that are
                    not excluded elsewhere from regulation under the land disposal
                    restrictions of 40 CFR 268 or exempted under other EPA regulations (see
                    40 CFR 266.80). This subcategory consists of nonwastewaters only.)
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 183]]

 
                   Radioactive Lead Solids Subcategory (Note: These lead solids include, but   Lead                                         7439-92-1                   NA                   MACRO
                    are not limited to, all forms of lead shielding and other elemental forms
                    of lead. These lead solids do not include treatment residuals such as
                    hydroxide sludges, other wastewater treatment residuals, or incinerator
                    ashes that can undergo conventional pozzolanic stabilization, nor do they
                    include organo-lead materials that can be incinerated and stabilized as
                    ash. This subcategory consists of nonwastewaters only.)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D009 \9\           Nonwastewaters that exhibit, or are expected to exhibit, the                Mercury                                      7439-97-6                   NA                 IMERC; OR RMERC
                    characteristic of toxicity for mercury based on the toxicity
                    characteristic leaching procedure (TCLP) in SW846; and contain greater
                    than or equal to 260 mg/kg total mercury that also contain organics and
                    are not incinerator residues. (High Mercury-Organic Subcategory)
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Nonwastewaters that exhibit, or are expected to exhibit, the                Mercury                                      7439-97-6                   NA                 RMERC
                    characteristic of toxicity for mercury based on the toxicity
                    characteristic leaching procedure (TCLP) in SW846; and contain greater
                    than or equal to 260 mg/kg total mercury that are inorganic, including
                    incinerator residues and residues from RMERC. (High Mercury-Inorganic
                    Subcategory)
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Nonwastewaters that exhibit, or are expected to exhibit, the                Mercury                                      7439-97-6                   NA          0.20 mg/L TCLP and
                    characteristic of toxicity for mercury based on the toxicity                                                                                             meet Sec.  268.48
                    characteristic leaching procedure (TCLP) in SW846; and contain less than                                                                                      standards \8\
                    260 mg/kg total mercury and that are residues from RMERC only. (Low
                    Mercury Subcategory)
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   All other nonwastewaters that exhibit, or are expected to exhibit, the      Mercury                                      7439-97-6                   NA         0.025 mg/L TCLP and
                    characteristic of toxicity for mercury based on the toxicity                                                                                             meet Sec.  268.48
                    characteristic leaching procedure (TCLP) in SW846; and contain less than                                                                                      standards \8\
                    260 mg/kg total mercury and that are not residues from RMERC. (Low
                    Mercury Subcategory)
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   All D009 wastewaters.                                                       Mercury                                      7439-97-6          0.15 mg/L TCLP and            NA
                                                                                                                                                        meet Sec.  268.48
                                                                                                                                                             standards \8\
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Elemental mercury contaminated with radioactive materials. (Note: This      Mercury                                      7439-97-6                   NA                AMLGM
                    subcategory consists of nonwastewaters only.)
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Hydraulic oil contaminated with Mercury Radioactive Materials Subcategory.  Mercury                                      7439-97-6                   NA                 IMERC
                    (Note: This subcategory consists of nonwastewaters only.)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Radioactively contaminated mercury containing batteries. (Note: This        Mercury                                      7439-97-6                   NA   Macroencapsulation
                    subcategory consists of nonwastewaters only)                                                                                                             in accordance with
                                                                                                                                                                                            40 CFR 268.45.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D010 \9\           Wastes that exhibit, or are expected to exhibit, the characteristic of      Selenium                                     7782-49-2   0.82 and meet Sec.          5.7 mg/L TCLP and
                    toxicity for selenium based on the toxicity characteristic leaching                                                                   268.48 standards   meet Sec.  268.48
                    procedure (TCLP) in SW846.                                                                                                                         \8\        standards \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 184]]

 
D011 \9\           Wastes that exhibit, or are expected to exhibit, the characteristic of      Silver                                       7440-22-4   0.43 and meet Sec.         0.14 mg/L TCLP and
                    toxicity for silver based on the toxicity characteristic leaching                                                                     268.48 standards   meet Sec.  268.48
                    procedure (TCLP) in SW846.                                                                                                                         \8\        standards \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Radioactively contaminated silver containing batteries. Note: This          Silver                                       7440-22-4                   NA   Macroencapsulation
                    subcategory consists of nonwastewaters only)                                                                                                             in accordance with
                                                                                                                                                                                            40 CFR 268.45.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D012 \9\           Wastes that are TC for Endrin based on the TCLP in SW846 Method 1311.       Endrin                                         72-20-8           BIODG; or CMB0.13 and meet Sec.
                                                                                                                                                                               268.48 standards
                                                                                                                                                                                            \8\
                   ..........................................................................  Endrin aldehyde                              7421-93-4           BIODG; or CMB0.13 and meet Sec.
                                                                                                                                                                               268.48 standards
                                                                                                                                                                                            \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D013 \9\           Wastes that are TC for Lindane based on the TCLP in SW846 Method 1311.      alpha-BHC                                     319-84-6                     CAR0.066 and meet Sec.
                                                                                                                                                                               268.48 standards
                                                                                                                                                                                            \8\
                   ..........................................................................  beta-BHC                                      319-85-7                     CAR0.066 and meet Sec.
                                                                                                                                                                               268.48 standards
                                                                                                                                                                                            \8\
                   ..........................................................................  delta-BHC                                     319-86-8                     CAR0.066 and meet Sec.
                                                                                                                                                                               268.48 standards
                                                                                                                                                                                            \8\
                   ..........................................................................  gamma-BHC (Lindane)                            58-89-9                     CAR0.066 and meet Sec.
                                                                                                                                                                               268.48 standards
                                                                                                                                                                                            \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D014 \9\           Wastes that are TC for Methoxychlor based on the TCLP in SW846 Method       Methoxychlor                                   72-43-5            WETOX or CMB0.18 and meet Sec.
                    1311.                                                                                                                                                      268.48 standards
                                                                                                                                                                                            \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D015 \9\           Wastes that are TC for Toxaphene based on the TCLP in SW846 Method 1311.    Toxaphene                                    8001-35-2            BIODG or CMBS2.6 and meet Sec.
                                                                                                                                                                               268.48 standards
                                                                                                                                                                                            \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 185]]

 
D016 \9\           Wastes that are TC for 2,4-D (2,4-Dichlorophenoxyacetic acid) based on the  2,4,-D (2,4-Dichlorophenoxyacetic acid)        94-75-7                     CHOXD10 and meet Sec.
                    TCLP in SW846 Method 1311.                                                                                                                            CMBST268.48 standards
                                                                                                                                                                                            \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D017 \9\           Wastes that are TC for 2,4,5-TP (Silvex) based on the TCLP in SW846 Method  2,4,5-TP (Silvex)                              93-72-1                     CHOX7.9 and meet Sec.
                    1311.                                                                                                                                                      268.48 standards
                                                                                                                                                                                            \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D018 \9\           Wastes that are TC for Benzene based on the TCLP in SW846 Method 1311.      Benzene                                        71-43-2   0.14 and meet Sec.    10 and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D019 \9\           Wastes that are TC for Carbon tetrachloride based on the TCLP in SW846      Carbon tetrachloride                           56-23-5   0.057 and meet Sec.  6.0 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D020 \9\           Wastes that are TC for Chlordane based on the TCLP in SW846 Method 1311.    Chlordane (alpha and gamma isomers)            57-74-9      0.0033 and meet   0.26 and meet Sec.
                                                                                                                                                             Sec.  268.48     268.48 standards
                                                                                                                                                             standards \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D021 \9\           Wastes that are TC for Chlorobenzene based on the TCLP in SW846 Method      Chlorobenzene                                 108-90-7   0.057 and meet Sec.  6.0 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D022 \9\           Wastes that are TC for Chloroform based on the TCLP in SW846 Method 1311.   Chloroform                                     67-66-3   0.046 and meet Sec.  6.0 and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D023 \9\           Wastes that are TC for o-Cresol based on the TCLP in SW846 Method 1311.     o-Cresol                                       95-48-7   0.11 and meet Sec.   5.6 and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D024 \9\           Wastes that are TC for m-Cresol based on the TCLP in SW846 Method 1311.     m-Cresol (difficult to distinguish from p-    108-39-4   0.77 and meet Sec.   5.6 and meet Sec.
                                                                                                cresol)                                                   268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D025 \9\           Wastes that are TC for p-Cresol based on the TCLP in SW846 Method 1311.     p-Cresol (difficult to distinguish from m-    106-44-5   0.77 and meet Sec.   5.6 and meet Sec.
                                                                                                cresol)                                                   268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D026 \9\           Wastes that are TC for Cresols (Total) based on the TCLP in SW846 Method    Cresol-mixed isomers (Cresylic acid) (sum    1319-77-3   0.88 and meet Sec.  11.2 and meet Sec.
                    1311.                                                                       of o-, m-, and p-cresol concentrations)                   268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D027 \9\           Wastes that are TC for p-Dichlorobenzene based on the TCLP in SW846 Method  p-Dichlorobenzene (1,4-Dichlorobenzene)       106-46-7   0.090 and meet Sec.  6.0 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 186]]

 
D028 \9\           Wastes that are TC for 1,2-Dichloroethane based on the TCLP in SW846        1,2-Dichloroethane                            107-06-2   0.21 and meet Sec.   6.0 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D029 \9\           Wastes that are TC for 1,1-Dichloroethylene based on the TCLP in SW846      1,1-Dichloroethylene                           75-35-4   0.025 and meet Sec.  6.0 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D030 \9\           Wastes that are TC for 2,4-Dinitrotoluene based on the TCLP in SW846        2,4-Dinitrotoluene                            121-14-2   0.32 and meet Sec.   140 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D031 \9\           Wastes that are TC for Heptachlor based on the TCLP in SW846 Method 1311.   Heptachlor                                     76-44-8      0.0012 and meet   0.066 and meet Sec.
                                                                                                                                                             Sec.  268.48     268.48 standards
                                                                                                                                                             standards \8\                  \8\
                   ..........................................................................  Heptachlor epoxide                           1024-57-3   0.016 and meet Sec. 0.066 and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D032 \9\           Wastes that are TC for Hexachlorobenzene based on the TCLP in SW846 Method  Hexachlorobenzene                             118-74-1   0.055 and meet Sec.   10 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D033 \9\           Wastes that are TC for Hexachlorobutadiene based on the TCLP in SW846       Hexachlorobutadiene                            87-68-3   0.055 and meet Sec.  5.6 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D034 \9\           Wastes that are TC for Hexachloroethane based on the TCLP in SW846 Method   Hexachloroethane                               67-72-1   0.055 and meet Sec.   30 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D035 \9\           Wastes that are TC for Methyl ethyl ketone based on the TCLP in SW846       Methyl ethyl ketone                            78-93-3   0.28 and meet Sec.    36 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D036 \9\           Wastes that are TC for Nitrobenzene based on the TCLP in SW846 Method       Nitrobenzene                                   98-95-3   0.068 and meet Sec.   14 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 187]]

 
D037 \9\           Wastes that are TC for Pentachlorophenol based on the TCLP in SW846 Method  Pentachlorophenol                              87-86-5   0.089 and meet Sec.  7.4 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D038 \9\           Wastes that are TC for Pyridine based on the TCLP in SW846 Method 1311.     Pyridine                                      110-86-1   0.014 and meet Sec.   16 and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D039 \9\           Wastes that are TC for Tetrachloroethylene based on the TCLP in SW846       Tetrachloroethylene                           127-18-4   0.056 and meet Sec.  6.0 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D040 \9\           Wastes that are TC for Trichloroethylene based on the TCLP in SW846 Method  Trichloroethylene                              79-01-6   0.054 and meet Sec.  6.0 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D041 \9\           Wastes that are TC for 2,4,5-Trichlorophenol based on the TCLP in SW846     2,4,5-Trichlorophenol                          95-95-4   0.18 and meet Sec.   7.4 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D042 \9\           Wastes that are TC for 2,4,6-Trichlorophenol based on the TCLP in SW846     2,4,6-Trichlorophenol                          88-06-2   0.035 and meet Sec.  7.4 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D043 \9\           Wastes that are TC for Vinyl chloride based on the TCLP in SW846 Method     Vinyl chloride                                 75-01-4   0.27 and meet Sec.   6.0 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F001, F002, F003,  F001, F002, F003, F004 and/or F005 solvent wastes that contain any          Acetone                                        67-64-1                 0.28                  160
 F004, & F005       combination of one or more of the following spent solvents: acetone,       Benzene                                        71-43-2                 0.14                   10
                    benzene, n-butyl alcohol, carbon disulfide, carbon tetrachloride,          n-Buthyl alcohol                               71-36-3                  5.6                  2.6
                    chlorinated fluorocarbons, chlorobenzene, o-cresol, m-cresol, p-cresol,    Carbon disulfide                               75-15-0                  3.8                   NA
                    cyclohexanone, o-dichlorobenzene, 2-ethoxyethanol, ethyl acetate, ethyl    Carbon tetrachloride                           56-23-5                0.057                  6.0
                    benzene, ethyl ether, isobutyl alcohol, methanol, methylene chloride,      Chlorobenzene                                 108-90-7                0.057                  6.0
                    methyl ethyl ketone, methyl isobutyl ketone, nitrobenzene, 2-              o-Cresol                                       95-48-7                 0.11                  5.6
                    nitropropane, pyridine, tetrachloroethylene, toluene, 1,1,1-               m-Cresol (difficult to distinguish from p-    108-39-4                 0.77                  5.6
                    trichloroethane, 1,1,2-trichloroethane, 1,1,2-trichloro-1,2,2-              cresol)                                   ............  ...................  ...................
                    trifluoroethane, trichloroethylene, trichlorofluoromethane, and/or         p-Cresol (difficult to distinguish from m-    106-44-5                 0.77                  5.6
                    xylenes [except as specifically noted in other subcategories]. See          cresol)                                   ............  ...................  ...................
                    further details of these listings in Sec.  261.31.                        Cresol-mixed isomers (Cresylic acid) (sum    1319-77-3                 0.88                 11.2
                                                                                                of o-, m-, and p-cresol concentrations)   ............  ...................
                                                                                                                                          ............  ...................
                   ..........................................................................  Cyclohexanone                                 108-94-1                 0.36                   NA
                   ..........................................................................  o-Dichlorobenzene                              95-50-1                0.088                  6.0
                   ..........................................................................  Ethyl acetate                                 141-78-6                 0.34                   33
                   ..........................................................................  Ethyl benzene                                 100-41-4                0.057                   10
                   ..........................................................................  Ethyl ether                                    60-29-7                 0.12                  160
                   ..........................................................................  Isobutyl alcohol                               78-83-1                  5.6                  170
                   ..........................................................................  Methanol                                       67-56-1                  5.6                   NA
                   ..........................................................................  Methylene chloride                              75-9-2                0.089                   30

[[Page 188]]

 
                   ..........................................................................  Methyl ethyl ketone                            78-93-3                 0.28                   36
                   ..........................................................................  Methyl isobutyl ketone                        108-10-1                 0.14                   33
                   ..........................................................................  Nitrobenzene                                   98-95-3                0.068                   14
                   ..........................................................................  Pyridine                                      110-86-1                0.014                   16
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
                   ..........................................................................  1,1,2-Trichloroethane                          79-00-5                0.054                  6.0
                   ..........................................................................  1,1,2-Trichloro-1,2,2-trifluoroethane          76-13-1                0.057                   30
                   ..........................................................................  Trichloroethylene                              79-01-6                0.054                  6.0
                   ..........................................................................  Trichlorofluoromethane                         75-69-4                0.020                   30
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   F003 and/or F005 solvent wastes that contain any combination of one or      Carbon disulfide                               75-15-0                  3.8           4.8 mg/L TCLP
                    more of the following three solvents as the only listed F001-5 solvents:   Cyclohexanone                                 108-94-1                 0.36          0.75 mg/L TCLP
                    carbon disulfide, cyclohexanone, and/or methanol. (formerly 268.41(c))     Methanol                                       67-56-1                  5.6          0.75 mg/L TCLP
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   F005 solvent waste containing 2-Nitropropane as the only listed F001-5      2-Nitropropane                                 79-46-9           (WETOX or CHOXD) fb            CMBST
                    solvent.                                                                                                                                              CARBN; or CMBST
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   F005 solvent waste containing 2-Ethoxyethanol as the only listed F001-5     2-Ethoxyethanol                               110-80-5           BIODG; or CMBST                CMBST
                    solvent.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F006               Wastewater treatment sludges from electroplating operations except from     Cadmium                                      7440-43-9                 0.69          0.11 mg/L TCLP
                    the following processes: (1) Sulfuric acid anodizing of aluminum; (2) tin  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    plating on carbon steel; (3) zinc plating (segregated basis) on carbon     Cyanides (Total) \7\                           57-12-5                  1.2                  590
                    steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5)          Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
                    cleaning/stripping associated with tin, zinc and aluminum plating on       Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                    carbon steel; and (6) chemical etching and milling of aluminum.            Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                                                                                               Silver                                       7440-22-4                   NA          0.14 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F007               Spent cyanide plating bath solutions from electroplating operations.        Cadmium                                      7440-43-9                   NA          0.11 mg/L TCLP
                                                                                               Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP

[[Page 189]]

 
                   ..........................................................................  Silver                                       7440-22-4                   NA          0.14 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F008               Plating bath residues from the bottom of plating baths from electroplating  Cadmium                                      7440-43-9                   NA          0.11 mg/L TCLP
                    operations where cyanides are used in the process.                         Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                                                                                               Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                   ..........................................................................  Silver                                       7440-22-4                   NA          0.14 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F009               Spent stripping and cleaning bath solutions from electroplating operations  Cadmium                                      7440-43-9                   NA          0.11 mg/L TCLP
                    where cyanides are used in the process.                                    Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                   ..........................................................................  Silver                                       7440-22-4                   NA          0.14 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F010               Quenching bath residues from oil baths from metal heat treating operations  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                    where cyanides are used in the process.                                    Cyanides (Amenable) \7\                        57-12-5                 0.86                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F011               Spent cyanide solutions from salt bath pot cleaning from metal heat         Cadmium                                      7440-43-9                   NA          0.11 mg/L TCLP
                    treating operations.                                                       Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                   ..........................................................................  Silver                                       7440-22-4                   NA          0.14 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F012               Quenching wastewater treatment sludges from metal heat treating operations  Cadmium                                      7440-43-9                   NA          0.11 mg/L TCLP
                    where cyanides are used in the process.                                    Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                   ..........................................................................  Silver                                       7440-22-4                   NA          0.14 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F019               Wastewater treatment sludges from the chemical conversion coating of        Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    aluminum except from zirconium phosphating in aluminum can washing when    Cyanides (Total) \7\                           57-12-5                  1.2                  590
                    such phosphating is an exclusive conversion coating process.               Cyanides (Amendable) \7\                       57-12-5                 0.86                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 190]]

 
F020, F021, F022,  Wastes (except wastewater and spent carbon from hydrogen chloride           HxCDDs (All Hexachlorodibenzo-p-dioxins)            NA             0.000063                0.001
 F023, F026         purification) from the production or manufacturing use (as a reactant,     Hx CDFs (All Hexachlorodibenzofurans)      ............  ...................  ...................
                    chemical intermediate, or component in a formulating process) of: (1) tri- PeCDDs (All Pentachlorodibenzo-p-dioxins)           NA             0.000063                0.001
                     or tetrachlorophenol, or of intermediates used to produce their           PeCDFs (All Pentachlorodibenzofurans)      ............  ...................  ...................
                    pesticide derivatives, excluding wastes from the production of             Pentachlorophenol                                   NA             0.000063                0.001
                    Hexachlorophene from highly purified, 2,4,5-trichlorophenol (F020); (2)    TCDDs (All Tetrachlorodibenzo-p-dioxins)   ............  ...................  ...................
                    pentachlorophenol, or of intermediates used to produce its derivatives     TCDFs (All Tetrachlorodibenzofurans)                NA             0.000035                0.001
                    (i.e., F021); (3) tetra-, penta-, or hexachlorobenzenes under alkaline     2,4,5-Trichlorophenol                      ............  ...................  ...................
                    conditions (i.e., F022); and from the production of materials on           2,4-6-Trichlorophenol                          87-86-5                0.089                  7.4
                    equipment previously used for the production or manufacturing use (as a    2,3,4,6-Tetrachlorophenol                           NA             0.000063                0.001
                    reactant, chemical intermediate, or component in a formulating process)                                               ............  ...................  ...................
                    of: (1) tri- or tetrachlorophenols, excluding wastes from equipment used                                                       NA             0.000063                0.001
                    only for the production of Hexachlorophene from highly purified 2,4,5-                                                ............  ...................  ...................
                    trichlorophenol (F023); (2) tetra- penta, or hexachlorobenzenes under                                                     95-95-4                 0.18                  7.4
                    alkaline conditions (i.e., F026).                                                                                         88-06-2                0.035                  7.4
                                                                                                                                              58-90-2                0.030                  7.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F024               Process wastes, including but not limited to, distillation residues, heavy  All F024 wastes                                     NA                     CMBST \11\           CMBST \11\
                    ends, tars, and reactor clean-out wastes, from the production of certain   2-Chloro-1,3-butadiene                        126-99-8                0.057                 0.28
                    chlorinated aliphatic hydrocarbons by free radical catalyzed processes.    3-Chloropropylene                             107-05-1                0.036                   30
                    These chlorinated aliphatic hydrocarbons are those having carbon chain     1,1-Dichloroethane                             75-34-3                0.059                  6.0
                    lengths ranging from one to and including five, with varying amounts and   1,2-Dichloroethane                            107-06-2                 0.21                  6.0
                    positions of chlorine substitution. (This listing does not include         1,2-Dichloropropane                            78-87-5                 0.85                   18
                    wastewaters, wastewater treatment sludges, spent catalysts, and wastes     cis-1,3-Dichloropropylene                   10061-01-5                0.036                   18
                    listed in Sec.  261.31 or Sec.  261.32).                                 trans-1-3-Dichloropropylene                 10061-02-6                0.036                   18
                                                                                               bis(2-Ethylhexyl)phthalate                    117-81-7                 0.28                   28
                                                                                               Hexachloroethane                               67-72-1                0.055                   30
                                                                                               Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                                                                                               Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F025               Condensed light ends from the production of certain chlorinated aliphatic   Carbon tetrachloride                           56-23-5                0.057                  6.0
                    hydrocarbons, by free radical catalyzed processes. These chlorinated       Chloroform                                     67-66-3                0.046                  6.0
                    aliphatic hydrocarbons are those having carbon chain lengths ranging from  1,2-Dichloroethane                            107-06-2                 0.21                  6.0
                    one to and including five, with varying amounts and positions of chlorine  1,1-Dichloroethylene                           75-35-4                0.025                  6.0
                    substitution. F025--Light Ends Subcategory                                 Methylene chloride                              75-9-2                0.089                   30
                                                                                               1,1,2-Trichloroethane                          79-00-5                0.054                  6.0
                                                                                               Trichloroethylene                              79-01-6                0.054                  6.0
                                                                                               Vinyl chloride                                 75-01-4                 0.27                  6.0
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 191]]

 
                   Spent filters and filter aids, and spent desiccant wastes from the          Carbon tetrachloride                           56-23-5                0.057                  6.0
                    production of certain chlorinated aliphatic hydrocarbons, by free radical  Chloroform                                     67-66-3                0.046                  6.0
                    catalyzed processes. These chlorinated aliphatic hydrocarbons are those    Hexachlorobenzene                             118-74-1                0.055                   10
                    having carbon chain lengths ranging from one to and including five, with   Hexachlorobutadiene                            87-68-3                0.055                  5.6
                    varying amounts and positions of chlorine substitution. F025--Spent        Hexachloroethane                               67-72-1                0.055                   30
                    Filters/Aids and Desiccants Subcategory                                    Methylene chloride                              75-9-2                0.089                   30
                                                                                               1,1,2-Trichloroethane                          79-00-5                0.054                  6.0
                                                                                               Trichloroethylene                              79-01-6                0.054                  6.0
                                                                                               Vinyl chloride                                 75-01-4                 0.27                  6.0
F027               Discarded unused formulations containing tri-, tetra-, or                   HxCDDs (All Hexachlorodibenzo-p-dioxins)            NA             0.000063                0.001
                    pentachlorophenol or discarded unused formulations containing compounds    HxCDFs (All Hexachlorodibenzofurans)       ............  ...................  ...................
                    derived from these chlorophenols. (This listing does not include           PeCDDs (All Pentachlorodibenzo-p-dioxins)           NA             0.000063                0.001
                    formulations containing hexachlorophene synthesized from prepurified       PeCDFs (All Pentachlorodibenzofurans)      ............  ...................  ...................
                    2,4,5-trichlorophenol as the sole component.)                              Pentachlorophenol                                   NA             0.000063                0.001
                                                                                               TCDDs (All Tetrachlorodibenzo-p-dioxins)   ............  ...................  ...................
                                                                                               TCDFs (All Tetrachlorodibenzofurans)                NA             0.000035                0.001
                                                                                               2,4,5-Trichlorophenol                      ............  ...................  ...................
                                                                                               2,4,6-Trichlorophenol                          87-86-5                0.089                  7.4
                                                                                               2,3,4,6-Tetrachlorophenol                           NA   ...................  ...................
                                                                                                                                          ............            0.000063                0.001
                                                                                                                                                   NA   ...................  ...................
                                                                                                                                          ............            0.000063                0.001
                                                                                                                                              95-95-4                 0.18                  7.4
                                                                                                                                              88-06-2                0.035                  7.4
                                                                                                                                              58-90-2                0.030                  7.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F028               Residues resulting from the incineration or thermal treatment of soil       HxCDDs (All Hexachlorodibenzo-p-dioxins)            NA             0.000063                0.001
                    contaminated with EPA Hazardous Wastes Nos. F020, F021, F023, F026, and    HxCDFs (All Hexachlorodibenzofurans)       ............  ...................  ...................
                    F027.                                                                      PeCDDs (All Pentachlorodibenzo-p-dioxins)           NA             0.000063                0.001
                                                                                                                                          ............  ...................  ...................
                                                                                                                                                   NA             0.000063                0.001
                   ..........................................................................  PeCDFs (All Pentachlorodibenzofurans)               NA             0.000035                0.001
                   ..........................................................................  Pentachlorophenol                              87-86-5                0.089                  7.4
                   ..........................................................................  TCDDs (All Tetrachlorodibenzo-p-dioxins)            NA             0.000063                0.001
                   ..........................................................................  TCDFs (All Tetrachlorodibenzofurans)                NA             0.000063                0.001
                   ..........................................................................  2,4,5-Trichlorophenol                          95-95-4                 0.18                  7.4
                   ..........................................................................  2,4,6-Trichlorophenol                          88-06-2                0.035                  7.4
                   ..........................................................................  2,3,4,6-Tetrachlorophenol                      58-90-2                0.030                  7.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 192]]

 
F032               Wastewaters (except those that have not come into contact with process      Acenaphthene                                   83-32-9                0.059                  3.4
                    contaminants), process residuals, preservative drippage, and spent         Anthracene                                    120-12-7                0.059                  3.4
                    formulations from wood preserving processes generated at plants that       Benz(a)anthracene                              56-55-3                0.059                  3.4
                    currently use or have previously used chlorophenolic formulations (except  Benzo(b)fluoranthene (difficult to            205-99-2                 0.11                  6.8
                    potentially cross-contaminated wastes that have had the F032 waste code     distinguish from benzo(k)fluoranthene)    ............  ...................  ...................
                    deleted in accordance with Sec.  261.35 of this chapter or potentially    Benzo(k)fluoranthene (difficult to         ............                0.11   ...................
                    cross-contaminated wastes that are otherwise currently regulated as         distinguish from benzo(b)fluoranthene)       207-08-9   ...................                 6.8
                    hazardous wastes (i.e., F034 or F035), and where the generator does not    Benzo(a)pyrene                             ............  ...................  ...................
                    resume or initiate use of chlorophenolic formulations). This listing does  Chrysene                                       50-32-8                0.061                  3.4
                    not include K001 bottom sediment sludge from the treatment of wastewater   Dibenz(a,h) anthracene                     ............  ...................  ...................
                    from wood preserving processes that use creosote and/or penta-             2-4-Dimethyl phenol                           218-01-9                0.059                  3.4
                    chlorophenol.                                                              Fluorene                                       53-70-3                0.055                  8.2
                                                                                               Hexachlorodibenzo-p-dioxins                   105-67-9                0.036                   14
                                                                                               .........................................      86-73-7                0.059                  3.4
                                                                                               Hexachlorodibenzofurans                             NA        0.000063, or CMBST      0.001, or CMBST
                                                                                                                                          ............                \11\                 \11\
                                                                                                                                                   NA        0.000063, or CMBST      0.001, or CMBST
                                                                                                                                                                      \11\                 \11\
                   ..........................................................................  Indeno (1,2,3-c,d) pyrene                     193-39-5               0.0055                  3.4
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Pentachlorodibenzo-p-dioxins                        NA        0.000063, or CMBST      0.001, or CMBST
                                                                                                                                                                      \11\                 \11\
                   ..........................................................................  Pentachlorodibenzofurans                            NA         0.00035, or CMBST      0.001, or CMBST
                                                                                                                                                                      \11\                 \11\
                   ..........................................................................  Pentachlorophenol                              87-86-5                0.089                  7.4
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Tetrachlorodibenzo-p-dioxins                        NA        0.000063, or CMBST      0.001, or CMBST
                                                                                                                                                                      \11\                 \11\
                   ..........................................................................  Tetrachlorodibenzofurans                            NA        0.000063, or CMBST      0.001, or CMBST
                                                                                                                                                                      \11\                 \11\
                   ..........................................................................  2,3,4,6-Tetrachlorophenol                      58-90-2                0.030                  7.4
                   ..........................................................................  2,4,6-Trichlorophenol                          88-06-2                0.035                  7.4
                   ..........................................................................  Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 193]]

 
F034               Wasteswaters (except those that have not come into contact with process     Acenaphthene                                   83-32-9                0.059                  3.4
                    contaminants), process residuals, preservative drippage, and spent         Anthracene                                    120-12-7                0.059                  3.4
                    formulations from wood preserving processes generated at plants that use   Benz(a)anthracene                              56-55-3                0.059                  3.4
                    creosote formulations. This listing does not include K001 bottom sediment  Benzo(b)fluoranthene (difficult to            205-99-2                 0.11                  6.8
                    sludge from the treatment of wastewater from wood preserving processes      distinguish from benzo(k)fluoranthene)    ............  ...................  ...................
                    that use creosote and/or pentachlorophenol.                                Benzo(k)fluoranthene (difficult to         ............  ...................                 6.8
                                                                                                distinguish from benzo(b)fluoranthene)       207-08-9                 0.11   ...................
                                                                                               Benzo(a)pyrene                             ............  ...................                 3.4
                                                                                                                                          ............               0.061
                                                                                                                                              50-32-8
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Dibenz(a,h)anthracene                          53-70-3                0.055                  8.2
                   ..........................................................................  Fluorene                                       86-73-7                0.059                  3.4
                   ..........................................................................  Indeno(1,2,3-c,d)pyrene                       193-39-5               0.0055                  3.4
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F035               Wastewaters (except those that have not come into contact with process      Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
                    contaminants), process residuals, preservative drippage, and spent         Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    formulations from wood preserving processes generated at plants that use
                    inorganic preservatives containing arsenic or chromium. This listing does
                    not include K001 bottom sediment sludge from the treatment of wastewater
                    from wood preserving processes that use creosote and/or
                    pentachlorophenol.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F037               Petroleum refinery primary oil/water/solids separation sludge--Any sludge   Acenaphthene                                   83-32-9                0.059                   NA
                    generated from the gravitational separation of oil/water/solids during     Anthracene                                    120-12-7                0.059                  3.4
                    the storage or treatment of process wastewaters and oily cooling           Benzene                                        71-43-2                 0.14                   10
                    wastewaters from petroleum refineries. Such sludges include, but are not   Benz(a)anthracene                              56-55-3                0.059                  3.4
                    limited to, those generated in: oil/water/solids separators; tanks and     Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                    impoundments; ditches and other conveyances; sumps; and stormwater units   bis(2-Ethylhexyl) phthalate                   117-81-7                 0.28                   28
                    receiving dry weather flow. Sludge generated in stormwater units that do   Chrysene                                      218-01-9                0.059                  3.4
                    not receive dry weather flow, sludges generated from non-contact once-     Di-n-butyl phthalate                           84-74-2                0.057                   28
                    through cooling waters segregated for treatment from other process or      Ethylbenzene                                  100-41-4                0.057                   10
                    oily cooling waters, sludges generated in aggressive biological treatment  Fluorene                                       86-73-7                0.059                   NA
                    units as defined in Sec.  261.31(b)(2) (including sludges generated in    Naphthalene                                    91-20-3                0.059                  5.6
                    one or more additional units after wastewaters have been treated in        Phenanthrene                                   85-01-8                0.059                  5.6
                    aggressive biological treatment units) and K051 wastes are not included    Phenol                                        108-95-2                0.039                  6.2
                    in this listing.                                                           Pyrene                                        129-00-0                0.067                  8.2
                                                                                               Toluene                                       108-88-3                0.080                   10
                                                                                               Xylenes-mixed isomers (sum of o, m-, and     1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Nickel                                       7440-02-0                   NA            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 194]]

 
F038               Petroleum refinery secondary (emulsified) oil/water/solids separation       Benzene                                        71-43-2                 0.14                   10
                    sludge and/or float generated from the physical and/or chemical            Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                    separation of oil/water/solids in process wastewaters and oily cooling     bis(2-Ethylhexyl) phthalate                   117-81-7                 0.28                   28
                    wastewaters from petroleum refineries. Such wastes include, but are not    Chrysene                                      218-01-9                0.059                  3.4
                    limited to, all sludges and floats generated in: induced air floatation    Di-n-butyl phthalate                           84-74-2                0.057                   28
                    (IAF) units, tanks and impoundments, and all sludges generated in DAF      Ethylbenzene                                  100-41-4                0.057                   10
                    units. Sludges generated in stormwater units that do not receive dry       Fluorene                                       86-73-7                0.059                   NA
                    weather flow, sludges generated from non-contact once-through cooling      Naphthalene                                    91-20-3                0.059                  5.6
                    waters segregated for treatment from other process or oily cooling         Phenanthrene                                   85-01-8                0.059                  5.6
                    waters, sludges and floats generated in aggressive biological treatment    Phenol                                        108-95-2                0.039                  6.2
                    units as defined in Sec.  261.31(b)(2) (including sludges and floats      Pyrene                                        129-00-0                0.067                  8.2
                    generated in one or more additional units after wastewaters have been      Toluene                                       108-88-3                0.080                   10
                    treated in aggressive biological units) and F037, K048, and K051 are not   Xylenes-mixed isomers (sum of o, m-, and     1330-20-7                 0.32                   30
                    included in this listing.                                                   p-xylene concentrations)                  ............  ...................  ...................
                                                                                               Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                                                                                               Cyanides (Total) \7\                           57-12-5                  1.2                  590
                                                                                               Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Nickel                                       7440-02-0                   NA            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F039               Leachate (liquids that have percolated through land disposed wastes)        Acenaphthylene                                208-96-8                0.059                  3,4
                    resulting from the disposal of more than one restricted waste classified   Acenaphthene                                   83-32-9                0.059                  3.4
                    as hazardous under subpart D of this part. (Leachate resulting from the    Acetone                                        67-64-1                 0.28                  160
                    disposal of one or more of the following EPA Hazardous Wastes and no       Acetonitrile                                   75-05-8                  5.6                   NA
                    other Hazardous Wastes retains its EPA Hazardous Waste Number(s): F020,    Acetophenone                                   96-86-2                0.010                  9.7
                    F021, F022, F026, F027, and/or F028.)                                      2-Acetylaminofluorene                          53-96-3                0.059                  140
                                                                                               Acrolein                                      107-02-8                 0.29                   NA
                   ..........................................................................  Acrylonitrile                                 107-13-1                 0.24                   84
                   ..........................................................................  Aldrin                                        309-00-2                0.021                0.066
                   ..........................................................................  4-Aminobiphenyl                                92-67-1                 0.13                   NA
                   ..........................................................................  Aniline                                        62-53-3                 0.81                   14
                   ..........................................................................  o-Anisidine (2-methoxyaniline)                 90-04-0                0.010                 0.66
                   ..........................................................................  Anthracene                                    120-12-7                0.059                  3.4
                   ..........................................................................  Aramite                                       140-57-8                 0.36                   NA
                   ..........................................................................  alpha-BHC                                     319-84-6              0.00014                0.066
                   ..........................................................................  beta-BHC                                      319-85-7              0.00014                0.066
                   ..........................................................................  delta-BHC                                     319-86-8                0.023                0.066
                   ..........................................................................  gamma-BHC                                      58-89-9               0.0017                0.066
                   ..........................................................................  Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Benz(a)anthracene                              56-55-3                0.059                  3.4

[[Page 195]]

 
                   ..........................................................................  Benzo(b)fluoranthene (difficult to            205-99-2                 0.11                  6.8
                                                                                                distinguish from benzo(k)fluoranthene)
                   ..........................................................................  Benzo(k)fluoranthene (difficult to            207-08-9                 0.11                  6.8
                                                                                                distinguish from benzo(b)fluoranthene)
                   ..........................................................................  Benzo(g,h,i)perylene                          191-24-2               0.0055                  1.8
                   ..........................................................................  Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  Bromodichloromethane                           75-27-4                 0.35                   15
                   ..........................................................................  Methyl bromide (Bromomethane)                  74-83-9                 0.11                   15
                   ..........................................................................  4-Bromophenyl phenyl ether                    101-55-3                0.055                   15
                   ..........................................................................  n-Butyl alcohol                                71-36-3                  5.6                  2.6
                   ..........................................................................  Butyl benzyl phthalate                         85-68-7                0.017                   28
                   ..........................................................................  2-sec-Buty-4,6-dinitrophenol (Dinoseb)         88-85-7                0.066                  2.5
                   ..........................................................................  Carbon disulfide                               75-15-0                  3.8                   NA
                   ..........................................................................  Carbon tetrachloride                           56-23-5                0.057                  6.0
                   ..........................................................................  Chlordane (alpha and gamma isomers)            57-74-9               0.0033                 0.26
                   ..........................................................................  p-Chloroaniline                               106-47-8                 0.46                   16
                   ..........................................................................  Chlorobenzene                                 108-90-7                0.057                  6.0
                   ..........................................................................  Chlorobenzilate                               510-15-6                 0.10                   NA
                   ..........................................................................  2-Chloro-1,3-butadiene                        126-99-8                0.057                   NA
                   ..........................................................................  Chlorodibromomethane                          124-48-1                0.057                   15
                   ..........................................................................  Chloroethane                                   75-00-3                 0.27                  6.0
                   ..........................................................................  bis(2-Chloroethoxy)methane                    111-91-1                0.036                  7.2
                   ..........................................................................  bis(2-Chloroethyl)ether                       111-44-4                0.033                  6.0
                   ..........................................................................  Chloroform                                     67-66-3                0.046                  6.0
                   ..........................................................................  bis(2-Chloroisopropyl)ether                 39638-32-9                0.055                  7.2
                   ..........................................................................  p-Chloro-m-cresol                              59-50-7                0.018                   14
                   ..........................................................................  Chloromethane (Methyl chloride)                74-87-3                 0.19                   30
                   ..........................................................................  2-Chloronaphthalene                            91-58-7                0.055                  5.6
                   ..........................................................................  2-Chlorophenol                                 95-57-8                0.044                  5.7
                   ..........................................................................  3-Chloropropylene                             107-05-1                0.036                   30
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  o-Cresol                                       95-48-7                 0.11                  5.6
                   ..........................................................................  p-Cresidine                                   120-71-8                0.010                 0.66
                   ..........................................................................  m-Cresol (difficult to distinguish from p-    108-39-4                 0.77                  5.6
                                                                                                cresol)
                   ..........................................................................  p-Cresol (difficult to distinguish from m-    106-44-5                 0.77                  5.6
                                                                                                cresol)
                   ..........................................................................  Cyclohexanone                                 108-94-1                 0.36                   NA
                   ..........................................................................  1,2-Dibromo-3-chloropropane                    96-12-8                 0.11                   15
                   ..........................................................................  Ethylene dibromide (1,2-Dibromoethane)        106-93-4                0.028                   15
                   ..........................................................................  Dibromomethane                                 74-95-3                 0.11                   15
                   ..........................................................................  2,4-D (2,4-Dichlorophenoxyacetic acid)         94-75-7                 0.72                   10
                   ..........................................................................  o,p'-DD                                        53-19-0                0.023                0.087
                   ..........................................................................  p,p'-DDD                                       72-54-8                0.023                0.087
                   ..........................................................................  o,p'-DDE                                     3424-82-6                0.031                0.087
                   ..........................................................................  p,p'-DDE                                       72-55-9                0.031                0.087

[[Page 196]]

 
                   ..........................................................................  o,p'-DDT                                      789-02-6               0.0039                0.087
                   ..........................................................................  p,p'-DDT                                       50-29-3               0.0039                0.087
                   ..........................................................................  Dibenz(a,h)anthracene                          53-70-3                0.055                  8.2
                   ..........................................................................  Dibenz(a,e)pyrene                             192-65-4                0.061                   NA
                   ..........................................................................  m-Dichlorobenzene                             541-73-1                0.036                  6.0
                   ..........................................................................  o-Dichlorobenzene                              95-50-1                0.088                  6.0
                   ..........................................................................  p-Dichlorobenzene                             106-46-7                0.090                  6.0
                   ..........................................................................  Dichlorodifluoromethane                        75-71-8                 0.23                  7.2
                   ..........................................................................  1,1-Dichloroethane                             75-34-3                0.059                  6.0
                   ..........................................................................  1,2-Dichloroethane                            107-06-2                 0.21                  6.0
                   ..........................................................................  1,1-Dichloroethylene                           75-35-4                0.025                  6.0
                   ..........................................................................  trans-1,2-Dichloroethylene                    156-60-5                0.054                   30
                   ..........................................................................  2,4-Dichlorophenol                            120-83-2                0.044                   14
                   ..........................................................................  2,6-Dichlorophenol                             87-65-0                0.044                   14
                   ..........................................................................  1,2-Dichloropropane                            78-87-5                 0.85                   18
                   ..........................................................................  cis-1,3-Dichloropropylene                   10061-01-5                0.036                   18
                   ..........................................................................  trans-1,3-Dichloropropylene                 10061-02-6                0.036                   18
                   ..........................................................................  Dieldrin                                       60-57-1                0.017                 0.13
                   ..........................................................................  Diethyl phthalate                              84-66-2                 0.20                   28
                   ..........................................................................  2,4-Dimethylaniline (2,4-xylidine)             95-68-1                0.010                 0.66
                   ..........................................................................  2-4-Dimethyl phenol                           105-67-9                0.036                   14
                   ..........................................................................  Dimethyl phthalate                            131-11-3                0.047                   28
                   ..........................................................................  Di-n-butyl phthalate                           84-74-2                0.057                   28
                   ..........................................................................  1,4-Dinitrobenzene                            100-25-4                 0.32                  2.3
                   ..........................................................................  4,6-Dinitro-o-cresol                          534-52-1                 0.28                  160
                   ..........................................................................  2,4-Dinitrophenol                              51-28-5                 0.12                  160
                   ..........................................................................  2,4-Dinitrotoluene                            121-14-2                 0.32                  140
                   ..........................................................................  2,6-Dinitrotoluene                            606-20-2                 0.55                   28
                   ..........................................................................  Di-n-octyl phthalate                          117-84-0                0.017                   28
                   ..........................................................................  Di-n-propylnitrosamine                        621-64-7                 0.40                   14
                   ..........................................................................  1,4-Dioxane                                   123-91-1                 12.0                  170
                   ..........................................................................  Diphenylamine (difficult to distinguish       122-39-4                 0.92                   NA
                                                                                                from diphenylnitrosamine)
                   ..........................................................................  Diphenylnitrosamine (difficult to              86-30-6                 0.92                   NA
                                                                                                distinguish from diphenylamine)
                   ..........................................................................  1,2-Diphenylhydrazine                         122-66-7                0.087                   NA
                   ..........................................................................  Disulfoton                                    298-04-4                0.017                  6.2
                   ..........................................................................  Endosulfan I                                  939-98-8                0.023                0.066
                   ..........................................................................  Endosulfan II                                33213-6-5                0.029                 0.13
                   ..........................................................................  Endosulfan sulfate                           1031-07-8                0.029                 0.13

[[Page 197]]

 
                   ..........................................................................  Endrin                                         72-20-8               0.0028                 0.13
                   ..........................................................................  Endrin aldehyde                              7421-93-4                0.025                 0.13
                   ..........................................................................  Ethyl acetate                                 141-78-6                 0.34                   33
                   ..........................................................................  Ethyl cyanide (Propanenitrile)                107-12-0                 0.24                  360
                   ..........................................................................  Ethyl benzene                                 100-41-4                0.057                   10
                   ..........................................................................  Ethyl ether                                    60-29-7                 0.12                  160
                   ..........................................................................  bis(2-Ethylhexyl) phthalate                   117-81-7                 0.28                   28
                   ..........................................................................  Ethyl methacrylate                             97-63-2                 0.14                  160
                   ..........................................................................  Ethylene oxide                                 75-21-8                 0.12                   NA
                   ..........................................................................  Famphur                                        52-85-7                0.017                   15
                   ..........................................................................  Fluoranthene                                  206-44-0                0.068                  3.4
                   ..........................................................................  Fluorene                                       86-73-7                0.059                  3.4
                   ..........................................................................  Heptachlor                                     76-44-8               0.0012                0.066
                   ..........................................................................  Heptachlor epoxide                           1024-57-3                0.016                0.066
                   ..........................................................................  1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin   35822-46-9             0.000035               0.0025
                                                                                                (1,2,3,4,6,7,8-HpCDD)
                   ..........................................................................  1, 2,3,4,6,7,8-Heptachlorodibenzofuran      67562-39-4             0.000035               0.0025
                                                                                                (1,2,3,4,6,7,8-HpCDF)
                   ..........................................................................  1,2,3,4,7,8,9-Heptachlorodibenzofuran       55673-89-7             0.000035               0.0025
                                                                                                (1,2,3,4,7,8,9-HpCDF)
                   ..........................................................................  Hexachlorobenzene                             118-74-1                0.055                   10
                   ..........................................................................  Hexachlorobutadiene                            87-68-3                0.055                  5.6
                   ..........................................................................  Hexachlorocyclopentadiene                      77-47-4                0.057                  2.4
                   ..........................................................................  HxCDDs (All Hexachlorodibenzo-p-dioxins)            NA             0.000063                0.001
                   ..........................................................................  HxCDFs (All Hexachlorodibenzofurans)                NA             0.000063                0.001
                   ..........................................................................  Hexachloroethane                               67-72-1                0.055                   30
                   ..........................................................................  Hexachloropropylene                          1888-71-7                0.035                   30
                   ..........................................................................  Indeno (1,2,3-c,d) pyrene                     193-39-5               0.0055                  3.4
                   ..........................................................................  Indomethane                                    74-88-4                0.019                   65
                   ..........................................................................  Isobutyl alcohol                               78-83-1                  5.6                  170
                   ..........................................................................  Isodrin                                       465-73-6                0.021                0.066
                   ..........................................................................  Isosafrole                                    120-58-1                0.081                  2.6
                   ..........................................................................  Kepone                                        143-50-8               0.0011                 0.13
                   ..........................................................................  Methacylonitrile                              126-98-7                 0.24                   84
                   ..........................................................................  Methanol                                       67-56-1                  5.6                   NA
                   ..........................................................................  Methapyrilene                                  91-80-5                0.081                  1.5
                   ..........................................................................  Methoxychlor                                   72-43-5                 0.25                 0.18
                   ..........................................................................  3-Methylcholanthrene                           56-49-5               0.0055                   15
                   ..........................................................................  4,4-Methylene bis(2-chloroaniline)            101-14-4                 0.50                   30
                   ..........................................................................  Methylene chloride                             75-09-2                0.089                   30
                   ..........................................................................  Methyl ethyl ketone                            78-93-3                 0.28                   36
                   ..........................................................................  Methyl isobutyl ketone                        108-10-1                 0.14                   33
                   ..........................................................................  Methyl methacrylate                            80-62-6                 0.14                  160
                   ..........................................................................  Methyl methanesulfonate                        66-27-3                0.018                   NA
                   ..........................................................................  Methyl parathion                              298-00-0                0.014                  4.6
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  2-Naphthylamine                                91-59-8                 0.52                   NA

[[Page 198]]

 
                   ..........................................................................  p-Nitroaniline                                100-01-6                0.028                   28
                   ..........................................................................  Nitrobenzene                                   98-95-3                0.068                   14
                   ..........................................................................  5-Nitro-o-toluidine                            99-55-8                 0.32                   28
                   ..........................................................................  p-Nitrophenol                                 100-02-7                 0.12                   29
                   ..........................................................................  N-Nitrosodiethylamine                          55-18-5                 0.40                   28
                   ..........................................................................  N-Nitrosodimethylamine                         62-75-9                 0.40                   NA
                   ..........................................................................  N-Nitroso-di-n-butylamine                     924-16-3                 0.40                   17
                   ..........................................................................  N-Nitrosomethylethylamine                   10595-95-6                 0.40                  2.3
                   ..........................................................................  N-Nitrosomorpholine                            59-89-2                 0.40                  2.3
                   ..........................................................................  N-Nitrosopiperidine                           100-75-4                0.013                   35
                   ..........................................................................  N-Nitrosopyrrolidine                          930-55-2                0.013                   35
                   ..........................................................................  1,2,3,4,6,7,8,9-Octachlorodibenzo-p-         3268-87-9             0.000063                0.005
                                                                                                dioxin (OCDD)
                   ..........................................................................  1,2,3,4,6,7,8,9-Octachlorodibenzofuran      39001-02-0             0.000063                0.005
                                                                                                (OCDF)
                   ..........................................................................  Parathion                                      56-38-2                0.014                  4.6
                   ..........................................................................  Total PCBs (sum of all PCB isomers, or       1336-36-3                 0.10                   10
                                                                                                all Aroclors)
                   ..........................................................................  Pentachlorobenzene                            608-93-5                0.055                   10
                   ..........................................................................  PeCDDs (All Pentachlorodibenzo-p-dioxins)           NA             0.000063                0.001
                   ..........................................................................  PeCDFs (All Pentachlorodibenzofurans)               NA             0.000035                0.001
                   ..........................................................................  Pentachloronitrobenzene                        82-68-8                0.055                  4.8
                   ..........................................................................  Pentachlorophenol                              87-86-5                0.089                  7.4
                   ..........................................................................  Phenacetin                                     62-44-2                0.081                   16
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  2,4-Dimethylaniline (2,4-xylidine)            108-45-2                0.010                 0.66
                   ..........................................................................  Phorate                                       298-02-2                0.021                  4.6
                   ..........................................................................  Phthalic anhydride                             85-44-9                0.055                   NA
                   ..........................................................................  Pronamide                                   23950-58-5                0.093                  1.5
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Pyridine                                      110-86-1                0.014                   16
                   ..........................................................................  Safrole                                        94-59-7                0.081                   22
                   ..........................................................................  Silvex (2,4,5-TP)                              93-72-1                 0.72                  7.9
                   ..........................................................................  2,4,5-T                                        93-76-5                 0.72                  7.9
                   ..........................................................................  1,2,4,5-Tetrachlorobenzene                     95-94-3                0.055                   14
                   ..........................................................................  TCDDs (All Tetrachlorodibenzo-p-dioxins)            NA             0.000063                0.001

[[Page 199]]

 
                   ..........................................................................  TCDFs (All Tetrachlorodibenzofurans)                NA             0.000063                0.001
                   ..........................................................................  1,1,1,2-Tetrachloroethane                     630-20-6                0.057                  6.0
                   ..........................................................................  1,1,2,2-Tetrachloroethane                      79-34-6                0.057                  6.0
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  2,3,4,6-Tetrachlorophenol                      58-90-2                0.030                  7.4
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
                   ..........................................................................  Toxaphene                                    8001-35-2               0.0095                  2.6
                   ..........................................................................  Bromoform (Tribromomethane)                    75-25-2                 0.63                   15
                   ..........................................................................  1,2,4-Trichlorobenzene                        120-82-1                0.055                   19
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
                   ..........................................................................  1,1,2-Trichloroethane                          79-00-5                0.054                  6.0
                   ..........................................................................  Trichloroethylene                              79-01-6                0.054                  6.0
                   ..........................................................................  Trichlorofluoromethane                         75-69-4                0.020                   30
                   ..........................................................................  2,4,5-Trichlorophenol                          95-95-4                 0.18                  7.4
                   ..........................................................................  2,4,6-Trichlorophenol                          88-06-2                0.035                  7.4
                   ..........................................................................  1,2,3-Trichloropropane                         96-18-4                 0.85                   30
                   ..........................................................................  1,1,2-Trichloro-1,2,2-trifluoroethane          76-13-1                0.057                   30
                   ..........................................................................  tris(2,3-Dibromopropyl) phosphate             126-72-7                 0.11                   NA
                   ..........................................................................  Vinyl chloride                                 75-01-4                 0.27                  6.0
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Antimony                                     7440-36-0                  1.9          1.15 mg/L TCLP
                   ..........................................................................  Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
                   ..........................................................................  Barium                                       7440-39-3                  1.2            21 mg/L TCLP
                   ..........................................................................  Beryllium                                    7440-41-7                 0.82                   NA
                   ..........................................................................  Cadmium                                      7440-43-9                 0.69          0.11 mg/L TCLP
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   NA
                   ..........................................................................  Fluoride                                    16984-48-8                   35                   NA
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Mercury                                      7439-97-6                 0.15          0.25 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                   ..........................................................................  Selenium                                     7782-49-2                 0.82           5.7 mg/L TCLP
                   ..........................................................................  Silver                                       7440-22-4                 0.43          0.14 mg/L TCLP
                   ..........................................................................  Sulfide                                      8496-25-8                   14                   NA
                   ..........................................................................  Thallium                                     7440-28-0                  1.4                   NA
                   ..........................................................................  Vanadium                                     7440-62-2                  4.3                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K001               Bottom sediment sludge from the treatment of wastewaters from wood          Naphthalene                                    91-20-3                0.059                  5.6
                    preserving processes that use creosote and/or pentachlorophenol.           Pentachlorophenol                              87-86-5                0.089                  7.4
                                                                                               Phenanthrene                                   85-01-8                0.059                  5.6
                                                                                               Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K002               Wastewater treatment sludge from the production of chrome yellow and        Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    orange pigments.                                                           Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 200]]

 
K003               Wastewater treatment sludge from the production of molybdate orange         Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    pigments.                                                                  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K004               Wastewater treatment sludge from the production of zinc yellow pigments.    Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                                                                                               Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K005               Wastewater treatment sludge from the production of chrome green pigments.   Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                                                                                               Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                                                                                               Cyanides (Total) \7\                           57-12-5                  1.2                  590
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K006               Wastewater treatment sludge from the production of chrome oxide green       Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    pigments (anhydrous).                                                      Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Wastewater treatment sludge from the production of chrome oxide green       Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    pigments (hydrated).                                                       Lead                                         7439-92-1                 0.69                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K007               Wastewater treatment sludge from the production of iron blue pigments.      Chromium (Total)                             7440-47-3                 2,77          0.60 mg/L TCLP
                                                                                               Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                                                                                               Cyanides (Total) \7\                           57-12-5                  1.2                  590
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K008               Oven residue from the production of chrome oxide green pigments.            Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                                                                                               Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K009               Distillation bottoms from the production of acetaldehyde from ethylene.     Chloroform                                     67-66-3                0.046                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K010               Distillation side cuts from the production of acetaldehyde from ethylene.   Chloroform                                     67-66-3                0.046                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K011               Bottom stream from the wastewater stripper in the production of             Acetonitrile                                   75-05-8                  5.6                   38
                    acrylonitrile.                                                             Acrylonitrile                                 107-13-1                 0.24                   84
                   ..........................................................................  Acrylamide                                     79-06-1                   19                   23
                   ..........................................................................  Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Cyanide (Total)                                57-12-5                  1.2                  590
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K013               Bottom stream from the acetonitrile column in the production of             Acetonitrile                                   75-05-8                  5.6                   38
                    acrylonitrile.                                                             Acrylonitrile                                 107-13-1                 0.24                   84
                   ..........................................................................  Acrylamide                                     79-06-1                   19                   23
                   ..........................................................................  Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Cyanide (Total)                                57-12-5                  1.2                  590
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 201]]

 
K014               Bottoms from the acetonitrile purification column in the production of      Acetonitrile                                   75-05-8                  5.6                   38
                    acrylonitrile.                                                             Acrylonitrile                                 107-13-1                 0.24                   84
                   ..........................................................................  Acrylamide                                     79-06-1                   19                   23
                   ..........................................................................  Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Cyanide (Total)                                57-12-5                  1.2                  590
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K015               Still bottoms from the distillation of benzyl chloride.                     Anthracene                                    120-12-7                0.059                  3.4
                                                                                               Benzal chloride                                98-87-3                0.055                  6.0
                   ..........................................................................  Benzo(b)fluoranthene (difficult to            205-99-2                 0.11                  6.8
                                                                                                distinguish from benzo(k)fluoranthene)
                   ..........................................................................  Benzo(k)fluoranthene (difficult to            207-08-9                 0.11                  6.8
                                                                                                distinguish from benzo(b)fluoranthene)
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K016               Heavy ends or distillation residues from the production of carbon           Hexachlorobenzene                             118-74-1                0.055                   10
                    tetrachloride.                                                             Hexachlorobutadiene                            87-68-3                0.055                  5.6
                   ..........................................................................  Hexachlorocyclopentadiene                      77-47-4                0.057                  2.4
                   ..........................................................................  Hexachloroethane                               67-72-1                0.055                   30
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K017               Heavy ends (still bottoms) from the purification column in the production   bis(2-Chloroethyl)ether                       111-44-4                0.033                  6.0
                    of epichlorohydrin.                                                        1,2-Dichloropropane                            78-87-5                 0.85                   18
                                                                                               1,2,3-Trichloropropane                         96-18-4                 0.85                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K018               Heavy ends from the fractionation column in ethyl chloride production.      Chloroethane                                   75-00-3                 0.27                  6.0
                                                                                               Chloromethane                                  74-87-3                 0.19                   NA
                                                                                               1,1-Dichloroethane                             75-34-3                0.059                  6.0
                   ..........................................................................  1,2-Dichloroethane                            107-06-2                 0.21                  6.0
                   ..........................................................................  Hexachlorobenzene                             118-74-1                0.055                   10
                   ..........................................................................  Hexachlorobutadiene                            87-68-3                0.055                  5.6
                   ..........................................................................  Hexachloroethane                               67-72-1                0.055                   30
                   ..........................................................................  Pentachloroethane                              76-01-7                   NA                  6.0
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K019               Heavy ends from the distillation of ethylene dichloride in ethylene         bis(2-Chloroethyl)ether                       111-44-4                0.033                  6.0
                    dichloride production.                                                     Chlorobenzene                                 108-90-7                0.057                  6.0
                   ..........................................................................  Chloroform                                     67-66-3                0.046                  6.0
                   ..........................................................................  p-Dichlorobenzene                             106-46-7                0.090                   NA
                   ..........................................................................  1,2-Dichloroethane                            107-06-2                 0.21                  6.0
                   ..........................................................................  Fluorene                                       86-73-7                0.059                   NA
                   ..........................................................................  Hexachloroethane                               67-72-1                0.055                   30
                   ..........................................................................  Nephthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  1,2,4,5-Tetrachlorobenzene                     95-94-3                0.055                   NA
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  1,2,4-Trichlorobenzene                        120-82-1                0.055                   19
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 202]]

 
K020               Heavy ends from the distillation of vinyl chloride in vinyl chloride        1,2-Dichloroethane                            107-06-2                 0.21                  6.0
                    monomer production.                                                        1,1,2,2-Tetrachloroethane                      79-34-6                0.057                  6.0
                                                                                               Tetrachloroethylene                           127-18-4                0.056                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K021               Aqueous spent antimony catalyst waste from fluoromethanes production.       Carbon tetrachloride                           56-23-5                0.057                  6.0
                                                                                               Chloroform                                     67-66-3                0.046                  6.0
                                                                                               Antimony                                     7440-36-0                  1.9          1.15 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K022               Distillation bottoms tars from the production of phenol/acetone from        Toluene                                       108-88-3                0.080                   10
                    cumene.                                                                    Acetophenone                                   96-86-2                0.010                  9.7
                   ..........................................................................  Diphenylamine (difficult to distinguish       122-39-4                 0.92                   13
                                                                                                from diphenylnitrosamine)
                   ..........................................................................  Diphenylnitrosamine (difficult to              86-30-6                 0.92                   13
                                                                                                distinguish from diphenylamine)
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K023               Distillation light ends from the production of phthalic anhydride from      Phthalic anhydride (measured as Phthalic      100-21-0                0.055                   28
                    naphthalene.                                                                acid or Terephthalic acid)
                   ..........................................................................  Phthalic anhydride (measured as Phthalic       85-44-9                0.055                   28
                                                                                                acid or Terephthalic acid)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K024               Distillation bottoms from the production of phthalic anhydride from         Phthalic anhydride (measured as Phthalic      100-21-0                0.055                   28
                    naphthalene.                                                                acid or Terephthalic acid)
                   ..........................................................................  Phthalic anhydride (measured as Phthalic       85-44-9                0.055                   28
                                                                                                acid or Terephthalic acid)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K025               Distillation bottoms from the production of nitrobenzene by the nitration   NA                                                  NA    LLEXT fb SSTRP fb                     CMBST
                    of benzene.                                                                                                                                           CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K026               Stripping still tails from the production of methyl ethyl pyridines.        NA                                                  NA                     CMBST                CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K027               Centrifuge and distillation residues from toluene diisocyanate production.  NA                                                  NA                     CARBN; or CMBST      CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K028               Spent catalyst from the hydrochlorinator reactor in the production of       1,1-Dichloroethane                             75-34-3                0.059                  6.0
                    1,1,1-trichloroethane.                                                     trans-1,2-Dichloroethylene                    156-60-5                0.054                   30
                   ..........................................................................  Hexachlorobutadiene                            87-68-3                0.055                  5.6
                   ..........................................................................  Hexachloroethane                               67-72-1                0.055                   30

[[Page 203]]

 
                   ..........................................................................  Pentachloroethane                              76-01-7                   NA                  6.0
                   ..........................................................................  1,1,1,2-Tetrachloroethane                     630-20-6                0.057                  6.0
                   ..........................................................................  1,1,2,2-Tetrachloroethane                      79-34-6                0.057                  6.0
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
                   ..........................................................................  1,1,2-Trichloroethane                          79-00-5                0.054                  6.0
                   ..........................................................................  Cadmium                                      7440-43-9                 0.69                   NA
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K029               Waste from the product steam stripper in the production of 1,1,1-           Chloroform                                     67-66-3                0.046                  6.0
                    trichloroethane.                                                           1,2-Dichloroethane                            107-06-2                 0.21                  6.0
                   ..........................................................................  1,1-Dichloroethylene                           75-35-4                0.025                  6.0
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
                   ..........................................................................  Vinyl chloride                                 75-01-4                 0.27                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K030               Column bodies or heavy ends from the combined production of                 o-Dichlorobenzene                              95-50-1                0.088                   NA
                    trichloroethylene and perchloroethylene.                                   p-Dichlorobenzene                             106-46-7                0.090                   NA
                   ..........................................................................  Hexachlorobutadiene                            87-68-3                0.055                  5.6
                   ..........................................................................  Hexachloroethane                               67-72-1                0.055                   30
                   ..........................................................................  Hexachloropropylene                          1888-71-7                   NA                   30
                   ..........................................................................  Pentachlorobenzene                            608-93-5                   NA                   10
                   ..........................................................................  Pentachloroethane                              76-01-7                   NA                  6.0
                   ..........................................................................  1,2,4,5-Tetrachlorobenzene                     95-94-3                0.055                   14
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  1,2,4-Trichlorobenzene                        120-82-1                0.055                   19
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K031               By-product salts generated in the production of MSMA and cacodylic acid.    Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K032               Wastewater treatment sludge from the production of chlordane.               Hexachlorocyclopentadiene                      77-47-4                 .057                  2.4
                                                                                               Chlordane (alpha and gamma isomers)            57-74-9               0.0033                 0.26
                   ..........................................................................  Heptachlor                                     76-44-8               0.0012                0.066
                   ..........................................................................  Heptachlor epoxide                           1024-57-3                0.016                0.066
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K033               Wastewater and scrub water from the clorination of cyclopentadiene in the   Hexachlorocyclopentadiene                      77-47-4                0.057                  2.4
                    production of chlordane.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K034               Filter solids from the filtration of hexachlorocyclopentadiene in the       Hexachlorocyclopentadiene                      77-47-4                0.057                  2.4
                    production of chlordane.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K035               Wastewater treatment sludges generated in the production of cresote.        Acenaphthene                                   83-32-9                   NA                  3.4
                                                                                               Anthracene                                    120-12-7                   NA                  3.4
                   ..........................................................................  Benz(a)anthracene                              56-55-3                0.059                  3.4
                   ..........................................................................  Bemzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  o-Cresol                                       95-48-7                 0.11                  5.6
                   ..........................................................................  m-Cresol (difficult to distinguish from p-    108-39-4                 0.77                  5.6
                                                                                                cresol)

[[Page 204]]

 
                   ..........................................................................  p-Cresol (difficult to distinguish from m-    106-44-5                 0.77                  5.6
                                                                                                cresol)
                   ..........................................................................  Dibenz(a,h)anthracene                          53-70-3                   NA                  8.2
                   ..........................................................................  Fluoranthene                                  206-44-0                0.068                  3.4
                   ..........................................................................  Fluorene                                       86-73-7                   NA                  3.4
                   ..........................................................................  Indeno(1,2,3-cd)pyrene                        193-39-5                   NA                  3.4
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-1                0.059                  5.6
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K036               Still bottoms from toluene reclamation distillation in the production of    Disulfoton                                    298-04-4                0.017                  6.2
                    disulfoton.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K037               Wastewater treatment sludges from the production of disulfoton.             Disulfoton                                    298-04-4                0.017                  6.2
                                                                                               Toluene                                       108-88-3                0.080                   10
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K038               Wastewater from the washing and stripping of phorate production.            Phorate                                       298-02-2                0.021                  4.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K039               Filter cake from the filtration of diethylphorphorodithioic acid in the     NA                                                  NA                     CARBN; or CMBST      CMBST
                    production of phorate.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K040               Wastewater treatment sludge from the production of phorate.                 Phorate                                       298-02-2                0.021                  4.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K041               Wastewater treatment sludge from the production of toxaphene.               Toxaphene                                    8001-35-2               0.0095                  2.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K042               Heavy ends or distillation residues from the distillation of                o-Dichlorobenzene                              95-50-1                0.088                  6.0
                    tetrachlorobenzene in the production of 2,4,5-T.                           p-Dichlorobenzene                             106-46-7                0.090                  6.0
                                                                                               Pentachlorobenzene                            608-93-5                0.055                   10
                   ..........................................................................  1,2,4,5-Tetrachlorobenzene                     95-94-3                0.055                   14
                   ..........................................................................  1,2,4-Trichlorobenzene                        120-82-1                0.055                   19
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K043               2,6-Dichlorophenol waste from the production of 2,4-D.                      2,4-Dichlorophenol                            120-83-2                0.044                   14
                   ..........................................................................  2,6-Dichlorophenol                            187-65-0                0.044                   14
                   ..........................................................................  2,4,5-Trichlorophenol                          95-95-4                 0.18                  7.4
                   ..........................................................................  2,4,6-Trichlorophenol                          88-06-2                0.035                  7.4
                   ..........................................................................  2,3,4,6-Tetrachlorophenol                      58-90-2                0.030                  7.4
                   ..........................................................................  Pentachlorophenol                              87-86-5                0.089                  7.4
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0

[[Page 205]]

 
                   ..........................................................................  HxCDDs (All Hexachlorodibenzo-p-dioxins)            NA             0.000063                0.001
                   ..........................................................................  HxCDFs (All Hexachlorodibenzofurans)                NA             0.000063                0.001
                   ..........................................................................  PeCDDs (All Pentachlorodibenzo-p-dioxins)           NA             0.000063                0.001
                   ..........................................................................  PeCDFs (All Pentachlorodibenzofurans)               NA             0.000035                0.001
                   ..........................................................................  TCDDs (All Tetrachlorodibenzo-p-dioxins)            NA             0.000063                0.001
                   ..........................................................................  TCDFs (All Tetrachlorodibenzofurans)                NA             0.000063                0.001
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K044               Wastewater treatment sludges from the manufacturing and processing of       NA                                                  NA                  DEACT                DEACT
                    explosives.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K045               Spent carbon from the treatment of wastewater containing explosives.        NA                                                  NA                  DEACT                DEACT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K046               Wastewater treatment sludges from the manufacturing, formulation and        Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                    loading of lead-based initiating compounds.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K047               Pink/red water from TNT operations.                                         NA                                                  NA                  DEACT                DEACT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K048               Dissolved air flotation (DAF) float from the petroleum refining industry.   Benzene                                        71-43-2                 0.14                   10
                                                                                               Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  bis(2-Ethylhexyl)phthalate                    117-81-7                 0.28                   28
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Di-n-butyl phthalate                           84-74-2                0.057                   28
                   ..........................................................................  Ethylbenzene                                  100-41-4                0.057                   10
                   ..........................................................................  Fluorene                                       86-73-7                0.059                   NA
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Toluene                                      108-88-33                0.080                   10
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Chanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Nickel                                       7440-02-0                   NA            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K049               Slop oil emulsion solids from the petroleum refining industry.              Anthracene                                    120-12-7                0.059                  3.4
                                                                                               Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  bis(2-Ethylhexyl)phthalate                    117-81-7                 0.28                   28
                   ..........................................................................  Carbon disulfide                               75-15-0                  3.8                   NA
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  2,4-Dimethylphenol                            105-67-9                0.036                   NA
                   ..........................................................................  Ethylbenzene                                  100-41-4                0.057                   10
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6

[[Page 206]]

 
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Nickel                                       7440-02-0                   NA            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K050               Heat exchanger bundle cleaning sludge from the petroleum refining           Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                    industry.                                                                  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Nickel                                       7440-02-0                   NA            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K051               API separator sludge from the petroleum refining industry.                  Acenaphthene                                   83-32-9                0.059                   NA
                                                                                               Anthracene                                    120-12-7                0.059                  3.4
                   ..........................................................................  Benz(a)anthracene                              56-55-3                0.059                  3.4
                   ..........................................................................  Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  bis(2-Ethylhexyl)phthalate                    117-81-7                 0.28                   28
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Di-n-butyl phthalate                          105-67-9                0.057                   28
                   ..........................................................................  Ethylbenzene                                  100-41-4                0.057                   10
                   ..........................................................................  Fluorene                                       86-73-7                0.059                   NA
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Toluene                                       108-88-3                 0.08                   10
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Nickel                                       7440-02-0                   NA            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 207]]

 
K052               Tank bottoms (leaded) from the petroleum refining industry.                 Benzene                                        71-43-2                 0.14                   10
                                                                                               Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  o-Cresol                                       95-48-7                 0.11                  5.6
                   ..........................................................................  m-Cresol (difficult to distinguish from p-    108-39-4                 0.77                  5.6
                                                                                                cresol)
                   ..........................................................................  p-Cresol (difficult to distinguish from m-    106-44-5                 0.77                  5.6
                                                                                                cresol)
                   ..........................................................................  2,4-Dimethylphenol                            105-67-9                0.036                   NA
                   ..........................................................................  Ethylbenzene                                  100-41-4                0.057                   10
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Toluene                                       108-88-3                 0.08                   10
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Nickel                                       7440-02-0                   NA            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K060               Ammonia still lime sludge from coking operations.                           Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K061               Emission control dust/sludge from the primary production of steel in        Antimony                                     7440-36-0                   NA          1.15 mg/L TCLP
                    electric furnaces.                                                         Arsenic                                      7440-38-2                   NA           5.0 mg/L TCLP
                   ..........................................................................  Barium                                       7440-39-3                   NA            21 mg/L TCLP
                   ..........................................................................  Beryllium                                    7440-41-7                   NA          1.22 mg/L TCLP
                   ..........................................................................  Cadmium                                      7440-43-9                 0.69          0.11 mg/L TCLP
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Mercury                                      7439-97-6                   NA         0.025 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                   ..........................................................................  Selenium                                     7782-49-2                   NA           5.7 mg/L TCLP
                   ..........................................................................  Silver                                       7440-22-4                   NA          0.14 mg/L TCLP
                   ..........................................................................  Thallium                                     7440-28-0                   NA          0.20 mg/L TCLP
                   ..........................................................................  Zinc                                         7440-66-6                   NA           4.3 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K062               Spent pickle liquor generated by steel finishing operations of facilities   Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    within the iron and steel industry (SIC Codes 331 and 332).                Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                                                                                               Nickel                                       7440-02-0                 3.98                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K069               Emission control dust/sludge from secondary lead smelting--Calcium Sulfate  Cadmium                                      7440-43-9                 0.69          0.11 mg/L TCLP
                    (Low Lead) Subcategory                                                     Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Emission control dust/sludge from secondary lead smelting--Non-Calcium      NA                                                  NA                   NA                RLEAD
                    Sulfate (High Lead) Subcategory
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 208]]

 
K071               K071 (Brine purification muds from the mercury cell process in chlorine     Mercury                                      7439-97-6                   NA          0.20 mg/L TCLP
                    production, where separately prepurified brine is not used)
                    nonwastewaters that are residues from RMERC.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   K071 (Brine purification muds from the mercury cell process in chlorine     Mercury                                      7439-97-6                   NA         0.025 mg/L TCLP
                    production, where separately prepurified brine is not used.)
                    nonwastewaters that are not residues from RMERC.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   All K071 wastewaters.                                                       Mercury                                      7439-97-6                 0.15                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K073               Chlorinated hydrocarbon waste from the purification step of the diaphragm   Carbon tetrachloride                           56-23-5                0.057                  6.0
                    cell process using graphite anodes in chlorine production.                 Chloroform                                     67-66-3                0.046                  6.0
                                                                                               Hexachloroethane                               67-72-1                0.055                   30
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K083               Distillation bottoms from aniline production.                               Aniline                                        62-53-3                 0.81                   14
                   ..........................................................................  Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Cyclohexanone                                 108-94-1                 0.36                   NA
                   ..........................................................................  Diphenylamine (difficult to distinguish       122-39-4                 0.92                   13
                                                                                                from diphenylnitrosamine
                   ..........................................................................  Diphenylnitrosamine (difficult to              86-30-6                 0.92                   13
                                                                                                distinguish from diphenylamine)
                   ..........................................................................  Nitrobenzene                                   98-95-3                0.068                   14
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K084               Wastewater treatment sludges generated during the production of veterinary  Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
                    pharmaceuticals from arsenic or organo-arsenic compounds.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K085               Distillation or fractionation column bottoms from the production of         Benzene                                        71-43-2                 0.14                   10
                    chlorobenzenes.                                                            Chlorobenzene                                 108-90-7                0.057                  6.0
                                                                                               m-Dichlorobenzene                             541-73-1                0.036                  6.0
                   ..........................................................................  o-Dichlorobenzene                              95-50-1                0.088                  6.0
                   ..........................................................................  p-Dichlorobenzene                             106-46-7                0.090                  6.0
                   ..........................................................................  Hexachlorobenzene                             118-74-1                0.055                   10
                   ..........................................................................  Total PCBs (sum of all PCB isomers, or       1336-36-3                 0.10                   10
                                                                                                all Aroclors)
                   ..........................................................................  Pentachlorobenzene                            608-93-5                0.055                   10
                   ..........................................................................  1,2,4,5-Tetrachlorobenzene                     95-94-3                0.055                   14

[[Page 209]]

 
                   ..........................................................................  1,2,4-Trichlorobenzene                        120-82-1                0.055                   19
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K086               Solvent wastes and sludges, caustic washes and sludges, or water washes     Acetone                                        67-64-1                 0.28                  160
                    and sludges from cleaning tubs and equipment used in the formulation of    Acetophenone                                   96-86-2                0.010                  9.7
                    ink from pigments, driers, soaps, and stabilizers containing chromium and  bis(2-Ethylhexyl) phthalate                   117-81-7                 0.28                   28
                    lead.                                                                      n-Butyl alcohol                                71-36-3                  5.6                  2.6
                   ..........................................................................  Butylbenzyl phthalate                          85-68-7                0.017                   28
                   ..........................................................................  Cyclohexanone                                 108-94-1                 0.36                   NA
                   ..........................................................................  o-Dichlorobenzene                              95-50-1                0.088                  6.0
                   ..........................................................................  Diethyl phthalate                              84-66-2                 0.20                   28
                   ..........................................................................  Dimethyl phthalate                            131-11-3                0.047                   28
                   ..........................................................................  Di-n-butyl phthalate                           84-74-2                0.057                   28
                   ..........................................................................  Di-n-octyl phthalate                          117-84-0                0.017                   28
                   ..........................................................................  Ethyl acetate                                 141-78-6                 0.34                   33
                   ..........................................................................  Ethylbenzene                                  100-41-4                0.057                   10
                   ..........................................................................  Methanol                                       67-56-1                  5.6                   NA
                   ..........................................................................  Methyl ethyl ketone                            78-93-3                 0.28                   36
                   ..........................................................................  Methyl isobutyl ketone                        108-10-1                 0.14                   33
                   ..........................................................................  Methylene chloride                             75-09-2                0.089                   30
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Nitrobenzene                                   98-95-3                0.068                   14
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
                   ..........................................................................  Trichloroethylene                              79-01-6                0.054                  6.0
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K087               Decanter tank tar sludge from coking operations.                            Acenaphthylene                                208-96-8                0.059                  3.4
                   ..........................................................................  Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Fluoranthene                                  206-44-0                0.068                  3.4
                   ..........................................................................  Indeno(1,2,3-cd)pyrene                        193-39-5               0.0055                  3.4
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
                   ..........................................................................  Xylenes-mixed isomers (sum of o, m-, and     1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K088               Spent potliners from primary aluminum reduction.                            Acenaphthene                                   83-32-9                0.059                  3.4
                   ..........................................................................  Anthracene                                    120-12-7                0.059                  3.4
                   ..........................................................................  Benz(a)anthracene                              56-55-3                0.059                  3.4
                   ..........................................................................  Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  Benzo(b)fluoranthene                          205-99-2                 0.11                  6.8
                   ..........................................................................  Benzo(k)fluoranthene                          207-08-9                 0.11                  6.8
                   ..........................................................................  Benzo(g,h,i)perylene                          191-24-2               0.0055                  1.8
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Dibenz(a,h)anthracene                          53-70-3                0.055                  8.2

[[Page 210]]

 
                   ..........................................................................  Fluoranthene                                  206-44-0                0.068                  3.4
                   ..........................................................................  Indeno(1,2,3,-cd)pyrene                       193-39-5               0.0055                  3.4
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Antimony                                     7440-36-0                  1.9          1.15 mg/L TCLP
                   ..........................................................................  Arsenic                                      7440-38-2                  1.4                 26.1
                   ..........................................................................  Barium                                       7440-39-3                  1.2            21 mg/L TCLP
                   ..........................................................................  Beryllium                                    7440-41-7                 0.82          1.22 mg/L TCLP
                   ..........................................................................  Cadmium                                      7440-43-9                 0.69          0.11 mg/L TCLP
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Mercury                                      7439-97-6                 0.15         0.025 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                   ..........................................................................  Selenium                                     7782-49-2                 0.82           5.7 mg/L TCLP
                   ..........................................................................  Silver                                       7440-22-4                 0.43          0.14 mg/L TCLP
                   ..........................................................................  Cyanide (Total) \7\                            57-12-5                  1.2                  590
                   ..........................................................................  Cyanide (Amenable) \7\                         57-12-5                 0.86                   30
                   ..........................................................................  Fluoride                                    16984-48-8                   35                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K093               Distillation light ends from the production of phthalic anhydride from      Phthalic anhydride (measured as Phthalic      100-21-0                0.055                   28
                    ortho-xylene                                                                acid or Terephthalic acid)
                   ..........................................................................  Phthalic anhydride (measured as Phthalic       85-44-9                0.055                   28
                                                                                                acid or Terephthalic acid)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K094               Distillation bottoms from the production of phthalic anhydride from ortho-  Phthalic anhydride (measured as Phthalic      100-21-0                0.055                   28
                    xylene.                                                                     acid or Terephthalic acid)
                   ..........................................................................  Phthalic anhydride (measured as Phthalic       85-44-9                0.055                   28
                                                                                                acid or Terephthalic acid)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K095               Distillation bottoms from the production of 1,1,1-trichloroethane.          Hexachloroethane                               67-72-1                0.055                   30
                                                                                               Pentachloroethane                              76-01-7                0.055                  6.0
                   ..........................................................................  1,1,1,2-Tetrachloroethane                     630-20-6                0.057                  6.0
                   ..........................................................................  1,1,2,2-Tetrachloroethane                      79-34-6                0.057                  6.0
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  1,1,2-Trichloroethane                          79-00-5                0.054                  6.0
                   ..........................................................................  Trichloroethylene                              79-01-1                0.054                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K096               Heavy ends from the heavy ends column from the production of 1,1,1-         m-Dichlorobenzene                             541-73-1                0.036                  6.0
                    trichloroethane.