[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR270.62]

[Page 321-324]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM--Table of Contents
 
                   Subpart F--Special Forms of Permits
 
Sec. 270.62  Hazardous waste incinerator permits.

    When an owner or operator demonstrates compliance with the air 
emission standards and limitations in part 63, subpart EEE, of this 
chapter (i.e., by conducting a comprehensive performance test and 
submitting a Notification of Compliance under Secs. 63.1207(j) and 
63.1210(b) of this chapter documenting compliance with all applicable 
requirements of part 63, subpart EEE, of this chapter), the requirements 
of this section do not apply, except those provisions the Director 
determines are necessary to ensure compliance with Secs. 264.345(a) and 
264.345(c) of this chapter if you elect to comply with 
Sec. 270.235(a)(1)(i) to minimize emissions of toxic compounds from 
startup, shutdown, and malfunction events. Nevertheless, the Director 
may apply the provisions of this section, on a case-by-case basis, for 
purposes of information collection in accordance with Secs. 270.10(k) 
and 270.32(b)(2).
    (a) For the purposes of determining operational readiness following 
completion of physical construction, the Director must establish permit 
conditions, including but not limited to allowable waste feeds and 
operating conditions, in the permit to a new hazardous waste 
incinerator. These permit conditions will be effective for the minimum 
time required to bring the incinerator to a point of operational 
readiness to conduct a trial burn, not to exceed 720 hours operating 
time for treatment of hazardous waste. The Director may extend the 
duration of this operational period once, for up to 720 additional 
hours, at the request of the applicant when good cause is shown. The 
permit may be modified to reflect the extension according to Sec. 270.42 
of this chapter.
    (1) Applicants must submit a statement, with part B of the permit 
application, which suggests the conditions necessary to operate in 
compliance with the performance standards of Sec. 264.343 of this 
chapter during this period. This statement should include, at a minimum, 
restrictions on waste constituents, waste feed rates and the operating 
parameters identified in Sec. 264.345 of this chapter.
    (2) The Director will review this statement and any other relevant 
information submitted with part B of the permit application and specify 
requirements for this period sufficient to meet the performance 
standards of Sec. 264.343 of this chapter based on his engineering 
judgment.
    (b) For the purposes of determining feasibility of compliance with 
the performance standards of Sec. 264.343 of this chapter and of 
determining adequate operating conditions under Sec. 264.345 of this 
chapter, the Director must establish conditions in the permit for a new 
hazardous waste incinerator to be effective during the trial burn.
    (1) Applicants must propose a trial burn plan, prepared under 
paragraph (b)(2) of this section with a part B of the permit 
application.
    (2) The trial burn plan must include the following information:
    (i) An analysis of each waste or mixture of wastes to be burned 
which includes:
    (A) Heat value of the waste in the form and composition in which it 
will be burned.
    (B) Viscosity (if applicable), or description of the physical form 
of the waste.
    (C) An identification of any hazardous organic constituents listed 
in part 261, appendix VIII of this chapter, which are present in the 
waste to be burned, except that the applicant need not analyze for 
constituents listed in part 261, appendix VIII, of this chapter which 
would reasonably not be expected to be found in the waste. The 
constituents excluded from analysis must be identified, and the basis 
for the exclusion stated. The waste analysis must rely on analytical 
techniques specified in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by 
reference in Sec. 260.11 of this chapter and Sec. 270.6, or other 
equivalent.
    (D) An approximate quantification of the hazardous constituents 
identified in the waste, within the precision produced by the analytical 
methods specified in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by 
reference in Sec. 260.11 of

[[Page 322]]

this chapter and Sec. 270.6, or their equivalent.
    (ii) A detailed engineering description of the incinerator for which 
the permit is sought including:
    (A) Manufacturer's name and model number of incinerator (if 
available).
    (B) Type of incinerator.
    (C) Linear dimensions of the incinerator unit including the cross 
sectional area of combustion chamber.
    (D) Description of the auxiliary fuel system (type/feed).
    (E) Capacity of prime mover.
    (F) Description of automatic waste feed cut-off system(s).
    (G) Stack gas monitoring and pollution control equipment.
    (H) Nozzle and burner design.
    (I) Construction materials.
    (J) Location and description of temperature, pressure, and flow 
indicating and control devices.
    (iii) A detailed description of sampling and monitoring procedures, 
including sampling and monitoring locations in the system, the equipment 
to be used, sampling and monitoring frequency, and planned analytical 
procedures for sample analysis.
    (iv) A detailed test schedule for each waste for which the trial 
burn is planned including date(s), duration, quantity of waste to be 
burned, and other factors relevant to the Director's decision under 
paragraph (b)(5) of this section.
    (v) A detailed test protocol, including, for each waste identified, 
the ranges of temperature, waste feed rate, combustion gas velocity, use 
of auxiliary fuel, and any other relevant parameters that will be varied 
to affect the destruction and removal efficiency of the incinerator.
    (vi) A description of, and planned operating conditions for, any 
emission control equipment which will be used.
    (vii) Procedures for rapidly stopping waste feed, shutting down the 
incinerator, and controlling emissions in the event of an equipment 
malfunction.
    (viii) Such other information as the Director reasonably finds 
necessary to determine whether to approve the trial burn plan in light 
of the purposes of this paragraph and the criteria in paragraph (b)(5) 
of this section.
    (3) The Director, in reviewing the trial burn plan, shall evaluate 
the sufficiency of the information provided and may require the 
applicant to supplement this information, if necessary, to achieve the 
purposes of this paragraph.
    (4) Based on the waste analysis data in the trial burn plan, the 
Director will specify as trial Principal Organic Hazardous Constituents 
(POHCs), those constituents for which destruction and removal 
efficiencies must be calculated during the trial burn. These trial POHCs 
will be specified by the Director based on his estimate of the 
difficulty of incineration of the constituents identified in the waste 
analysis, their concentration or mass in the waste feed, and, for wastes 
listed in part 261, subpart D, of this chapter, the hazardous waste 
organic constituent or constituents identified in appendix VII of that 
part as the basis for listing.
    (5) The Director shall approve a trial burn plan if he finds that:
    (i) The trial burn is likely to determine whether the incinerator 
performance standard required by Sec. 264.343 of this chapter can be 
met;
    (ii) The trial burn itself will not present an imminent hazard to 
human health or the environment;
    (iii) The trial burn will help the Director to determine operating 
requirements to be specified under Sec. 264.345 of this chapter; and
    (iv) The information sought in paragraphs (b)(5) (i) and (ii) of 
this section cannot reasonably be developed through other means.
    (6) The Director must send a notice to all persons on the facility 
mailing list as set forth in 40 CFR 124.10(c)(1)(ix) and to the 
appropriate units of State and local government as set forth in 40 CFR 
124.10(c)(1)(x) announcing the scheduled commencement and completion 
dates for the trial burn. The applicant may not commence the trial burn 
until after the Director has issued such notice.
    (i) This notice must be mailed within a reasonable time period 
before the scheduled trial burn. An additional notice is not required if 
the trial burn is delayed due to circumstances beyond the control of the 
facility or the permitting agency.

[[Page 323]]

    (ii) This notice must contain:
    (A) The name and telephone number of the applicant's contact person;
    (B) The name and telephone number of the permitting agency's contact 
office;
    (C) The location where the approved trial burn plan and any 
supporting documents can be reviewed and copied; and
    (D) An expected time period for commencement and completion of the 
trial burn.
    (7) During each approved trial burn (or as soon after the burn as is 
practicable), the applicant must make the following determinations:
    (i) A quantitative analysis of the trial POHCs in the waste feed to 
the incinerator.
    (ii) A quantitative analysis of the exhaust gas for the 
concentration and mass emissions of the trial POHCs, oxygen 
(O2) and hydrogen chloride (HCl).
    (iii) A quantitative analysis of the scrubber water (if any), ash 
residues, and other residues, for the purpose of estimating the fate of 
the trial POHCs.
    (iv) A computation of destruction and removal efficiency (DRE), in 
accordance with the DRE formula specified in Sec. 264.343(a) of this 
chapter.
    (v) If the HCl emission rate exceeds 1.8 kilograms of HCl per hour 
(4 pounds per hour), a computation of HCl removal efficiency in 
accordance with Sec. 264.343(b) of this chapter.
    (vi) A computation of particulate emissions, in accordance with 
Sec. 264.343(c) of this chapter.
    (vii) An identification of sources of fugitive emissions and their 
means of control.
    (viii) A measurement of average, maximum, and minimum temperatures 
and combustion gas velocity.
    (ix) A continuous measurement of carbon monoxide (CO) in the exhaust 
gas.
    (x) Such other information as the Director may specify as necessary 
to ensure that the trial burn will determine compliance with the 
performance standards in Sec. 264.343 of this chapter and to establish 
the operating conditions required by Sec. 264.345 of this chapter as 
necessary to meet that performance standard.
    (8) The applicant must submit to the Director a certification that 
the trial burn has been carried out in accordance with the approved 
trial burn plan, and must submit the results of all the determinations 
required in paragraph (b)(6) of this section. This submission shall be 
made within 90 days of completion of the trial burn, or later if 
approved by the Director.
    (9) All data collected during any trial burn must be submitted to 
the Director following the completion of the trial burn.
    (10) All submissions required by this paragraph must be certified on 
behalf of the applicant by the signature of a person authorized to sign 
a permit application or a report under Sec. 270.11.
    (11) Based on the results of the trial burn, the Director shall set 
the operating requirements in the final permit according to Sec. 264.345 
of this chapter. The permit modification shall proceed according to 
Sec. 270.42.
    (c) For the purposes of allowing operation of a new hazardous waste 
incinerator following completion of the trial burn and prior to final 
modification of the permit conditions to reflect the trial burn results, 
the Director may establish permit conditions, including but not limited 
to allowable waste feeds and operating conditions sufficient to meet the 
requirements of Sec. 264.345 of this chapter, in the permit to a new 
hazardous waste incinerator. These permit conditions will be effective 
for the minimum time required to complete sample analysis, data 
computation and submission of the trial burn results by the applicant, 
and modification of the facility permit by the Director.
    (1) Applicants must submit a statement, with part B of the permit 
application, which identifies the conditions necessary to operate in 
compliance with the performance standards of Sec. 264.343 of this 
chapter, during this period. This statement should include, at a 
minimum, restrictions on waste constituents, waste feed rates, and the 
operating parameters in Sec. 264.345 of this chapter.
    (2) The Director will review this statement and any other relevant 
information submitted with part B of the permit application and specify 
those

[[Page 324]]

requirements for this period most likely to meet the performance 
standards of Sec. 264.343 of this chapter based on his engineering 
judgment.
    (d) For the purpose of determining feasibility of compliance with 
the performance standards of Sec. 264.343 of this chapter and of 
determining adequate operating conditions under Sec. 264.345 of this 
chapter, the applicant for a permit for an existing hazardous waste 
incinerator must prepare and submit a trial burn plan and perform a 
trial burn in accordance with Sec. 270.19(b) and paragraphs (b)(2) 
through (b)(5) and (b)(7) through (b)(10) of this section or, instead, 
submit other information as specified in Sec. 270.19(c). The Director 
must announce his or her intention to approve the trial burn plan in 
accordance with the timing and distribution requirements of paragraph 
(b)(6) of this section. The contents of the notice must include: the 
name and telephone number of a contact person at the facility; the name 
and telephone number of a contact office at the permitting agency; the 
location where the trial burn plan and any supporting documents can be 
reviewed and copied; and a schedule of the activities that are required 
prior to permit issuance, including the anticipated time schedule for 
agency approval of the plan and the time period during which the trial 
burn would be conducted. Applicants submitting information under 
Sec. 270.19(a) are exempt from compliance with 40 CFR 264.343 and 
264.345 and, therefore, are exempt from the requirement to conduct a 
trial burn. Applicants who submit trial burn plans and receive approval 
before submission of a permit application must complete the trial burn 
and submit the results, specified in paragraph (b)(7) of this section, 
with part B of the permit application. If completion of this process 
conflicts with the date set for submission of the part B application, 
the applicant must contact the Director to establish a later date for 
submission of the part B application or the trial burn results. Trial 
burn results must be submitted prior to issuance of the permit. When the 
applicant submits a trial burn plan with part B of the permit 
application, the Director will specify a time period prior to permit 
issuance in which the trial burn must be conducted and the results 
submitted.

[48 FR 14228, Apr. 1, 1983, as amended at 53 FR 37939, Sept. 28, 1988; 
58 FR 46051, Aug. 31, 1993; 60 FR 63433, Dec. 11, 1995; 64 FR 53077, 
Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 67 FR 77692, Dec. 19, 2002]