[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: 40CFR266.103]
[Page 20-34]
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. 266.103 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 haz ard ous waste or for which con struc tion (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 haz ard ous 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;
[[Page 21]]
(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 265.147-265.151, 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 (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
[[Page 22]]
(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 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
[[Page 23]]
``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 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 meterological 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,
[[Page 24]]
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 sec tion 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 haz ard ous waste in the unit until revised cer tif i ca
tion of pre com pli ance under paragraph (b)(8) of this section or cer
tif i ca tion 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
[[Page 25]]
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 a 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.
(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 Ageny 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.
[[Page 26]]
(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 precom pliance. The owner or operator
may revise at any time the information and operating conditions
documented under paragraphs (b)(2) and (b)(3) of this section in the
certification of pre com pli ance by submitting a revised cer tif i
cation of pre com pliance 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) and the total chlorine and chloride feed rate
screening limits under Sec. 266.107(b) or (e)), pumpable hazardous
waste;
(ii) Feed rate of each metal in the following feedstreams:
(A) Total feedstreams, except that:
[[Page 27]]
(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 feedsteams;
(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 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 Tier I or Adjusted Tier I metals feed
rate screening limits under Sec. 266.106(b)(1) or (e)):
(A) Minimum liquid to flue gas ration;
(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)
[[Page 28]]
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;
(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
[[Page 29]]
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 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
[[Page 30]]
(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;
(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 a 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.
[[Page 31]]
(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 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 op er a ting 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
[[Page 32]]
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).
(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
three 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
[[Page 33]]
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 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 a 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 haz ard ous waste, other fuels,
and industrial furnace feed stocks, and feed rates of ash, metals, and
total chloride and chlorine as necessary to ensure con for mance with
the cer tif i ca tion of pre com pli ance 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.
[[Page 34]]
(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. 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
until closure of the boiler or industrial furnace unit.
(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]