[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR761.70]
[Page 642-645]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 761--POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, PROCESSING,
DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS--Table of Contents
Subpart D--Storage and Disposal
Sec. 761.70 Incineration.
This section applies to facilities used to incinerate PCBs required
to be incinerated by this part.
(a) Liquid PCBs. An incinerator used for incinerating PCBs shall be
approved by an EPA Regional Administrator or the Director, National
Programs Chemical Division pursuant to paragraph (d) of this section.
Requests for approval of incinerators to be used in more than one region
must be submitted to the Director, National Programs Chemical Division,
except for research and development involving less than 500 pounds of
PCB material (see Sec. 761.60(i)(2)). Requests for approval of
incinerators to be used in only one region must be submitted to the
appropriate Regional Administrator. The incinerator shall meet all of
the requirements specified in paragraphs (a) (1) through (9) of this
section, unless a waiver from these requirements is obtained pursuant to
paragraph (d)(5) of this section. In addition, the incinerator shall
meet any other requirements which may be prescribed pursuant to
paragraph (d)(4) of this section.
(1) Combustion criteria shall be either of the following:
(i) Maintenance of the introduced liquids for a 2-second dwell time
at 1200 deg.C (100 deg.C) and 3 percent excess oxygen in
the stack gas; or
(ii) Maintenance of the introduced liquids for a 1\1/2\ second dwell
time at 1600 deg.C(100 deg.C) and 2 percent excess oxygen
in the stack gas.
(2) Combustion efficiency shall be at least 99.9 percent computed as
follows:
Combustion efficiency = [Cco2 / (Cco2 + Cco)]100
where
Cco2=Concentration of carbon dioxide.
Cco=Concentration of carbon monoxide.
(3) The rate and quantity of PCBs which are fed to the combustion
system shall be measured and recorded at regular intervals of no longer
than 15 minutes.
(4) The temperatures of the incineration process shall be
continuously measured and recorded. The combustion temperature of the
incineration process shall be based on either direct (pyrometer) or
indirect (wall thermocouple-pyrometer correlation) temperature readings.
(5) The flow of PCBs to the incinerator shall stop automatically
whenever the combustion temperature drops below the temperatures
specified in paragraph (a)(1) of this section.
(6) Monitoring of stack emission products shall be conducted:
(i) When an incinerator is first used for the disposal of PCBs under
the provisions of this regulation;
(ii) When an incinerator is first used for the disposal of PCBs
after the incinerator has been modified in a manner which may affect the
characteristics of the stack emission products; and
(iii) At a minimum such monitoring shall be conducted for the
following parameters:
(a) O2; (b) CO; (c) CO2; (d) Oxides of
Nitrogen (NOx); (e) Hydrochloric Acid (HCl); (f) Total
Chlorinated Organic Content (RCl); (g) PCBs; and (h) Total Particulate
Matter.
(7) At a minimum monitoring and recording of combustion products and
incineration operations shall be conducted for the following parameters
whenever the incinerator is incinerating PCBs:
(i) O2; (ii) CO; and (iii) CO2. The monitoring
for O2 and CO shall be continuous. The monitoring for
CO2 shall be periodic, at a frequency specified by the
Regional Administrator or Director, National Programs Chemical Division.
(8) The flow of PCBs to the incinerator shall stop automatically
when any
[[Page 643]]
one or more of the following conditions occur, unless a contingency plan
is submitted by the incinerator owner or operator and approved by the
Regional Administrator or Director, National Programs Chemical Division.
The contingency plan indicates what alternative measures the incinerator
owner or operator would take if any of the following conditions occur:
(i) Failure of monitoring operations specified in paragraph (a)(7)
of this section;
(ii) Failure of the PCB rate and quantity measuring and recording
equipment specified in paragraph (a)(3) of this section; or
(iii) Excess oxygen falls below the percentage specified in
paragraph (a)(1) of this section.
(9) Water scrubbers shall be used for HCl control during PCB
incineration and shall meet any performance requirements specified by
the appropriate EPA Regional Administrator or the Director, National
Programs Chemical Division. Scrubber effluent shall be monitored and
shall comply with applicable effluent or pretreatment standards, and any
other State and Federal laws and regulations. An alternate method of HCl
control may be used if the alternate method has been approved by the
Regional Administrator or the Director, National Programs Chemical
Division. (The HCl neutralizing capability of cement kilns is considered
to be an alternate method.)
(b) Nonliquid PCBs. An incinerator used for incinerating nonliquid
PCBs, PCB Articles, PCB Equipment, or PCB Containers shall be approved
by the appropriate EPA Regional Administrator or the Director, National
Programs Chemical Division pursuant to paragraph (d) of this section.
Requests for approval of incinerators to be used in more than one region
must be submitted to the Director, National Programs Chemical Division
except for research and development involving less than 500 pounds of
PCB material (see Sec. 761.60(i)(2)). Requests for approval of
incinerators to be used in only one region must be submitted to the
appropriate Regional Administrator. The incinerator shall meet all of
the requirements specified in paragraphs (b)(1) and (2) of this section
unless a waiver from these requirements is obtained pursuant to
paragraph (d)(5) of this section. In addition, the incinerator shall
meet any other requirements that may be prescribed pursuant to paragraph
(d)(4) of this section.
(1) The mass air emissions from the incinerator shall be no greater
than 0.001g PCB/kg of the PCB introduced into the incinerator.
(2) The incinerator shall comply with the provisions of paragraphs
(a)(2), (3), (4), (6), (7), (8)(i) and (ii), and (9) of this section.
(c) Maintenance of data and records. All data and records required
by this section shall be maintained in accordance with Sec. 761.180,
Records and monitoring.
(d) Approval of incinerators. Prior to the incineration of PCBs and
PCB Items the owner or operator of an incinerator shall receive the
written approval of the Agency Regional Administrator for the region in
which the incinerator is located, or the Director, National Programs
Chemical Division. Approval from the Director, National Programs
Chemical Division may be effective in all ten EPA regions. Such approval
shall be obtained in the following manner:
(1) Application. The owner or operator shall submit to the Regional
Administrator or the Director, National Programs Chemical Division an
application which contains:
(i) The location of the incinerator;
(ii) A detailed description of the incinerator including general
site plans and design drawings of the incinerator;
(iii) Engineering reports or other information on the anticipated
performance of the incinerator;
(iv) Sampling and monitoring equipment and facilities available;
(v) Waste volumes expected to be incinerated;
(vi) Any local, State, or Federal permits or approvals; and
(vii) Schedules and plans for complying with the approval
requirements of this regulation.
(2) Trial burn. (i) Following receipt of the application described
in paragraph (d)(1) of this section, the Regional Administrator or the
Director, National
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Programs Chemical Division shall determine if a trial burn is required
and notify the person who submitted the report whether a trial burn of
PCBs and PCB Items must be conducted. The Regional Administrator or the
Director, National Programs Chemical Division may require the submission
of any other information that the Regional Administrator or the
Director, National Programs Chemical Division finds to be reasonably
necessary to determine the need for a trial burn. Such other information
shall be restricted to the types of information required in paragraphs
(d)(1)(i) through (vii) of this section.
(ii) If the Regional Administrator or the Director, National
Programs Chemical Division determines that a trial burn must be held,
the person who submitted the report described in paragraph (d)(1) of
this section shall submit to the Regional Administrator or the Director,
National Programs Chemical Division a detailed plan for conducting and
monitoring the trial burn. At a minimum, the plan must include:
(A) Date trial burn is to be conducted;
(B) Quantity and type of PCBs and PCB Items to be incinerated;
(C) Parameters to be monitored and location of sampling points;
(D) Sampling frequency and methods and schedules for sample
analyses; and
(E) Name, address, and qualifications of persons who will review
analytical results and other pertinent data, and who will perform a
technical evaluation of the effectiveness of the trial burn.
(iii) Following receipt of the plan described in paragraph
(d)(2)(ii) of this section, the Regional Administrator or the Director,
National Programs Chemical Division will approve the plan, require
additions or modifications to the plan, or disapprove the plan. If the
plan is disapproved, the Regional Administrator or the Director,
National Programs Chemical Division will notify the person who submitted
the plan of such disapproval, together with the reasons why it is
disapproved. That person may thereafter submit a new plan in accordance
with paragraph (d)(2)(ii) of this section. If the plan is approved (with
any additions or modifications which the Regional Administrator or the
Director, National Programs Chemical Division may prescribe), the
Regional Administrator or the Director, National Programs Chemical
Division will notify the person who submitted the plan of the approval.
Thereafter, the trial burn shall take place at a date and time to be
agreed upon between the Regional Administrator or the Director, National
Programs Chemical Division and the person who submitted the plan.
(3) Other information. In addition to the information contained in
the report and plan described in paragraphs (d)(1) and (2) of this
section, the Regional Administrator or the Assistant Administrator for
Prevention, Pesticides and Toxic Substances may require the owner or
operator to submit any other information that the Regional Administrator
or the Assistant Administrator for Prevention, Pesticides and Toxic
Substances finds to be reasonably necessary to determine whether an
incinerator shall be approved.
Note: The Regional Administrator will have available for review and
inspection an Agency manual containing information on sampling methods
and analytical procedures for the parameters required in Sec. 761.70(a)
(3), (4), (6), and (7) plus any other parameters he/she may determine to
be appropriate. Owners or operators are encouraged to review this manual
prior to submitting any report required in Sec. 761.70.
(4) Contents of approval. (i) Except as provided in paragraph (d)(5)
of this section, the Regional Administrator or the Director, National
Programs Chemical Division may not approve an incinerator for the
disposal of PCBs and PCB Items unless he finds that the incinerator
meets all of the requirements of paragraphs (a) and/or (b) of this
section.
(ii) In addition to the requirements of paragraphs (a) and/or (b) of
this section, the Regional Administrator or the Director, National
Programs Chemical Division may include in an approval any other
requirements that the Regional Administrator or the Director, National
Programs Chemical Division finds are necessary to ensure that operation
of the incinerator does not present an unreasonable risk of injury to
health or the environment from
[[Page 645]]
PCBs. Such requirements may include a fixed period of time for which the
approval is valid.
(5) Waivers. An owner or operator of the incinerator may submit
evidence to the Regional Administrator or the Director, National
Programs Chemical Division that operation of the incinerator will not
present an unreasonable risk of injury to health or the enviroment from
PCBs, when one or more of the requirements of paragraphs (a) and/or (b)
of this section are not met. On the basis of such evidence and any other
available information, the Regional Administrator or the Director,
National Programs Chemical Division may in his/her discretion find that
any requirement of paragraphs (a) and (b) of this section is not
necessary to protect against such a risk, and may waive the requirements
in any approval for that incinerator. Any finding and waiver under this
paragraph must be stated in writing and included as part of the
approval.
(6) Persons approved. An approval will designate the persons who own
and who are authorized to operate the incinerator, and will apply only
to such persons, except as provided in paragraph (d)(8) of this section.
(7) Final approval. Approval of an incinerator will be in writing
and signed by the Regional Administrator or the Director, National
Programs Chemical Division. The approval will state all requirements
applicable to the approved incinerator.
(8) Transfer of property. Any person who owns or operates an
approved incinerator must notify EPA at least 30 days before
transferring ownership in the incinerator or the property it stands
upon, or transferring the right to operate the incinerator. The
transferor must also submit to EPA, at least 30 days before such
transfer, a notarized affidavit signed by the transferee which states
that the transferee will abide by the transferor's EPA incinerator
approval. Within 30 days of receiving such notification and affidavit,
EPA will issue an amended approval substituting the transferee's name
for the transferor's name, or EPA may require the transferee to apply
for a new incinerator approval. In the latter case, the transferee must
abide by the transferor's EPA approval until EPA issues the new approval
to the transferee.
(Sec. 6, Pub. L. 94-469, 90 Stat. 2020 (15 U.S.C. 2605)
[44 FR 31542, May 31, 1979. Redesignated at 47 FR 19527, May 6, 1982,
and amended at 48 FR 13185, Mar. 30, 1983; 49 FR 28191, July 10, 1984;
53 FR 12524, Apr. 15, 1988; 58 FR 15809, Mar. 24, 1993; 63 FR 35439,
June 29, 1998]