[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR266.102]

[Page 13-20]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 266_STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND 
SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES--Table of Contents
 
   Subpart H_Hazardous Waste Burned in Boilers and Industrial Furnaces
 
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 (Corrective Action), 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 waste. Such constituents 
must be identified and quantified if present, at levels detectable by 
analytical procedures prescribed by Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods (incorporated by reference, see Sec. 
260.11 of this chapter). Alternative methods that meet or exceed the 
method performance capabilities of SW-846 methods may be used. If SW-846 
does not prescribe a method for a particular determination, the owner or 
operator shall use the best available method. The appendix VIII, part 
261 constituents excluded from this analysis must be identified and the 
basis for their exclusion explained. This analysis will be used to 
provide all information required by this subpart and Sec. 270.22 and 
Sec. 270.66 of this chapter and to enable the permit writer to 
prescribe such permit conditions as necessary to protect human health 
and the environment. Such analysis must be included as a

[[Page 14]]

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 modi fication, as applicable. Operating requirements for new 
wastes may be based on either trial burn results or al ternative 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 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.

[[Page 15]]

    (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 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;

[[Page 16]]

    (B) Maximum device production rate when producing normal product 
expressed in appropriate units, and measured and specified as prescribed 
in paragraph (e)(6) of this section;
    (C) Appropriate controls on operation and maintenance of the 
hazardous waste firing system and any air pollution control system;
    (D) Allowable variation in boiler and industrial furnace system 
design including any air pollution control system or operating 
procedures; and
    (E) Such other operating requirements as are necessary to ensure 
that the particulate standard in Sec. 266.111(b) is met.
    (ii) Permit conditions to ensure conformance with the particulate 
matter standard shall not be provided for facilities exempt from the 
particulate matter standard under Sec. 266.105(b);
    (iii) For cement kilns and light-weight aggregate kilns, permit 
conditions to ensure compliance with the particulate standard shall not 
limit the ash content of hazardous waste or other feed materials.
    (4) Requirements to ensure conformance with the metals emissions 
standard. (i) For conformance with the Tier I (or adjusted Tier I) 
metals feed rate screening limits of paragraphs (b) or (e) of Sec. 
266.106, the permit shall specify the following operating requirements:
    (A) Total feed rate of each metal in hazardous waste, other fuels, 
and industrial furnace feedstocks measured and specified under 
provisions of paragraph (e)(6) of this section;
    (B) Total feed rate of hazardous waste measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (C) A sampling and metals analysis program for the hazardous waste, 
other fuels, and industrial furnace feedstocks;
    (ii) For conformance with the Tier II metals emission rate screening 
limits under Sec. 266.106(c) and the Tier III metals controls under 
Sec. 266.106(d), the permit shall specify the following operating 
requirements:
    (A) Maximum emission rate for each metal specified as the average 
emission rate during the trial burn;
    (B) Feed rate of total hazardous waste and pumpable hazardous waste, 
each measured and specified as prescribed in paragraph (e)(6)(i) of this 
section;
    (C) Feed rate of each metal in the following feedstreams, measured 
and specified as prescribed in paragraphs (e)(6) of this section:
    (1) Total feedstreams;
    (2) Total hazardous waste feed; and
    (3) Total pumpable hazardous waste feed;
    (D) Total feed rate of chlorine and chloride in total feedstreams 
measured and specified as prescribed in paragraph (e)(6) of this 
section;
    (E) Maximum combustion gas temperature measured at a location 
indicative of combustion chamber temperature, and measured and specified 
as prescribed in paragraph (e)(6) of this section;
    (F) Maximum flue gas temperature at the inlet to the particulate 
matter air pollution control system measured and specified as prescribed 
in paragraph (e)(6) of this section;
    (G) Maximum device production rate when producing normal product 
expressed in appropriate units and measured and specified as prescribed 
in paragraph (e)(6) of this section;
    (H) Appropriate controls on operation and maintenance of the 
hazardous waste firing system and any air pollution control system;
    (I) Allowable variation in boiler and industrial furnace system 
design including any air pollution control system or operating 
procedures; and
    (J) Such other operating requirements as are necessary to ensure 
that the metals standards under Sec. Sec. 266.106(c) or 266.106(d) are 
met.
    (iii) For conformance with an alternative implementation approach 
approved by the Director under Sec. 266.106(f), the permit will specify 
the following operating requirements:
    (A) Maximum emission rate for each metal specified as the average 
emission rate during the trial burn;
    (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

[[Page 17]]

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 chorline 
for the hazardous waste, other fuels, and industrial furnace feestocks;
    (ii) For conformance with the Tier II HCl and Cl2 
emission rate screening limits under Sec. 266.107(b)(2) and the Tier 
III HCl and Cl2 controls under Sec. 266.107(c), the permit 
will specify the following operating requirements:
    (A ) Maximum emission rate for HCl and for Cl2 specified 
as the average emission rate during the trial burn;
    (B) Feed rate of total hazardous waste measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (C) Total feed rate of chlorine and chloride in total feedstreams, 
measured and specified as prescribed in paragraph (e)(6) of this 
section;
    (D) Maximum device production rate when producing normal product 
expressed in appropriate units, measured and specified as prescribed in 
paragraph (e)(6) of this section;
    (E) Appropriate controls on operation and maintenance of the 
hazardous waste firing system and any air pollution control system;
    (F) Allowable variation in boiler and industrial furnace system 
design including any air pollution control system or operating 
procedures; and
    (G) Such other operating requirements as are necessary to ensure 
that the HCl and Cl2 standards under Sec. 266.107 (b)(2) or 
(c) are met.
    (6) Measuring parameters and establishing limits based on trial burn 
data--(i) General requirements. As specified in paragraphs (e)(2) 
through (e)(5) of this section, each operating parameter shall be 
measured, and permit limits on the parameter shall be established, 
according to either of the following procedures:
    (A) Instantaneous limits. A parameter may be measured and recorded 
on an instantaneous basis (i.e., the value that occurs at any time) and 
the permit limit specified as the time-weighted average during all valid 
runs of the trial burn; or
    (B) Hourly rolling average. (1) The limit for a parameter may be 
established and continuously monitored on 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

[[Page 18]]

least once each 15 seconds, and computes and records the average value 
at least every 60 seconds.
    (ii) An hourly rolling average is the arithmetic mean of the 60 most 
recent 1-minute average values recorded by the continuous monitoring 
system.
    (2) The permit limit for the parameter shall be established based on 
trial burn data as the average over all valid test runs of the highest 
hourly rolling average value for each run.
    (ii) Rolling average limits for carcinogenic metals and lead. Feed 
rate limits for the carcinogenic metals (i.e., arsenic, beryllium, 
cadmium and chromium) and lead may be established either on an hourly 
rolling average basis as prescribed by paragraph (e)(6)(i) of this 
section or on (up to) a 24 hour rolling average basis. If the owner or 
operator elects to use an average period from 2 to 24 hours:
    (A) The feed rate of each metal shall be limited at any time to ten 
times the feed rate that would be allowed on an hourly rolling average 
basis;
    (B) The continuous monitor shall meet the following specifications:
    (1) A continuous monitor is one which continuously samples the 
regulated parameter without interruption, and evaluates the detector 
response at least once each 15 seconds, and computes and records the 
average value at least every 60 seconds.
    (2) The rolling average for the selected averaging period is defined 
as the arithmetic mean of one hour block averages for the averaging 
period. A one hour block average is the arithmetic mean of the one 
minute averages recorded during the 60-minute period beginning at one 
minute after the beginning of preceding clock hour; and
    (C) The permit limit for the feed rate of each metal shall be 
established based on trial burn data as the average over all valid test 
runs of the highest hourly rolling average feed rate for each run.
    (iii) Feed rate limits for metals, total chloride and chlorine, and 
ash. Feed rate limits for metals, total chlorine and chloride, and ash 
are established and monitored by knowing the concentration of the 
substance (i.e., metals, chloride/chlorine, and ash) in each feedstream 
and the flow rate of the feedstream. To monitor the feed rate of these 
substances, the flow rate of each feedstream must be monitored under the 
continuous monitoring requirements of paragraphs (e)(6) (i) and (ii) of 
this section.
    (iv) Conduct of trial burn testing. (A) If compliance with all 
applicable emissions standards of 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.
    (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.

[[Page 19]]

    (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, values, pipes, fuel storage tanks, etc.) must be subjected to 
thorough visual inspection when it contains hazardous waste, at least 
daily for leaks, spills, fugitive emissions, and signs of tampering.
    (iv) The automatic hazardous waste feed cutoff system and associated 
alarms must be tested at least once every 7 days when hazardous waste is 
burned to verify operability, unless the applicant demonstrates to the 
Director that weekly inspections will unduly restrict or upset 
operations and that less frequent inspections will be adequate. At a 
minimum, operational testing must be conducted at least once every 30 
days.
    (v) These monitoring and inspection data must be recorded and the 
records must be placed in the operating record required by Sec. 264.73 
of this chapter.
    (9) Direct transfer to the burner. If hazardous waste is directly 
transferred from a transport vehicle to a boiler or industrial furnace 
without the use of a storage unit, the owner and operator must comply 
with Sec. 266.111.
    (10) Recordkeeping. The owner or operator must keep in the operating 
record of the facility all information and data required by this section 
until closure of the facility.
    (11) Closure. At closure, the owner or operator must remove all 
hazardous waste and hazardous waste residues

[[Page 20]]

(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]

    Effective Date Note: At 70 FR 34588, June 14, 2005, Sec. 266.102 
was amended by revising paragraph (b)(1), effective July 14, 2005. For 
the convenience of the user, the revised text is set forth as follows:

Sec. 266.102  Permit standards for burners.

                                * * * * *

    (b) * * * (1) The owner or operator must provide an analysis of the 
hazardous waste that quantifies the concentration of any constituent 
identified in appendix VIII of part 261 of this chapter that may 
reasonably be expected to be in the waste. Such constituents must be 
identified and quantified if present, at levels detectable by 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.

                                * * * * *