[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR240.100]

[Page 317-318]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 240--GUIDELINES FOR THE THERMAL PROCESSING OF SOLID WASTES--Table of 
Contents
 
                      Subpart A--General Provisions
 
Sec. 240.100  Scope.


    (a) The prescribed guidelines are applicable to thermal processing 
facilities designed to process or which are processing 50 tons or more 
per day of municipal-type solid wastes. The application of this capacity 
criterion will be interpreted to mean any facility designed to process 
or actually processing 50/24 tons or more per hour. However, the 
guidelines do not apply to hazardous, agricultural, and mining wastes 
because of the lack of sufficient information upon which to base 
recommended procedures.
    (b) The requirement sections contained herein delineate minimum 
levels of performance required of any solid waste thermal processing 
operation. The recommended procedures sections are presented to suggest 
preferred methods by which the objectives of the requirements can be 
realized. The recommended procedures are based on the practice of 
incineration at large facilities (50 tons per day or more) processing 
municipal solid waste. If techniques other than the recommended 
procedures are used or wastes other than municipal wastes are processed, 
it is the obligation of the facility's owner and operator to demonstrate 
to the responsible agency in advance by means of engineering 
calculations, pilot plant data, etc., that the techniques employed will 
satisfy the requirements.
    (c) Thermal processing residue must be disposed of in an 
environmentally acceptable manner. Where a land disposal facility is 
employed, it must be in accordance with the Environmental

[[Page 318]]

Protection Agency's Guidelines for the Land Disposal of Solid Wastes for 
both residues from the thermal processing operation and those non-
hazardous wastes which cannot be thermally processed for reasons of 
health, safety, or technological limitation.
    (d) Pursuant to section 211 of the Solid Waste Disposal Act, as 
amended, these guidelines are mandatory for Federal agencies. In 
addition, they are recommended to State, interstate, regional, and local 
government agencies for use in their activities.
    (e) The guidelines are intended to apply equally to all solid waste 
generated by Federal agencies, regardless of whether processed or 
disposed of on or off Federal property; and solid waste generated by 
non-Federal entities, but processed or disposed of on Federal property. 
However, in the case of many Federal facilities such as Post Offices, 
military recruiting stations, and other offices, local community solid 
waste processing and disposal facilities are utilized, and processing 
and disposal is not within the management control of the Federal agency. 
Thus, implementation of the guidelines can be expected only in those 
situations where the Federal agency is able to exercise direct 
management control over the processing and disposal operations. However, 
every effort must be made by the responsible agency, where offsite 
facilities are utilized, to attain processing and disposal facilities 
that are in compliance with the guidelines. Where non-Federal generated 
solid waste is processed and disposed of on Federal land and/or 
facilities, those facilities and/or sites must be in compliance with 
these guidelines. Determination of compliance to meet the requirements 
of the guidelines rests with the responsible agency, and they have the 
authority to determine how such compliance may occur.