[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: 40CFR270.19]

[Page 299-301]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 270_EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT 
PROGRAM--Table of Contents
 
                      Subpart B_Permit Application
 
Sec. 270.19  Specific part B information requirements for incinerators.

    Except as Sec. 264.340 of this Chapter and Sec. 270.19(e) provide 
otherwise, owners and operators of facilities that incinerate hazardous 
waste must fulfill the requirements of paragraphs (a), (b), or (c) of 
this section.
    (a) When seeking an exemption under Sec. 264.340 (b) or (c) of this 
chapter (Ignitable, corrosive, or reactive wastes only):
    (1) Documentation that the waste is listed as a hazardous waste in 
part 261, subpart D of this chapter, solely because it is ignitable 
(Hazard Code I) or corrosive (Hazard Code C) or both; or
    (2) Documentation that the waste is listed as a hazardous waste in 
part 261, subpart D of this chapter, solely because it is reactive 
(Hazard Code R) for characteristics other than those listed in Sec. 
261.23(a) (4) and (5) of this chapter, and will not be burned when other 
hazardous wastes are present in the combustion zone; or
    (3) Documentation that the waste is a hazardous waste solely because 
it possesses the characteristic of ignitability, corrosivity, or both, 
as determined by the tests for characteristics of hazardous waste under 
part 261, subpart C of this chapter; or
    (4) Documentation that the waste is a hazardous waste solely because 
it possesses the reactivity characteristics listed in Sec. 261.23(a) 
(1), (2), (3), (6), (7), or (8) of this chapter, and that it will not be 
burned when other hazardous wastes are present in the combustion zone; 
or
    (b) Submit a trial burn plan or the results of a trial burn, 
including all required determinations, in accordance with Sec. 270.62; 
or
    (c) In lieu of a trial burn, the applicant may submit the following 
information:
    (1) An analysis of each waste or mixture of wastes to be burned 
including:
    (i) Heat value of the waste in the form and composition in which it 
will be burned.
    (ii) Viscosity (if applicable), or description of physical form of 
the waste.
    (iii) An identification of any hazardous organic constituents listed 
in part 261, appendix VIII, of this chapter, which are present in the 
waste to be burned, except that the applicant need not analyze for 
constituents listed in part 261, appendix VIII, of this chapter which 
would reasonably not be expected to be found in the waste. The 
constituents excluded from analysis must be identified and the basis for 
their exclusion stated. The waste analysis must rely on analytical 
techniques specified in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by 
reference in Sec. 260.11 of this chapter and Sec. 270.6, or their 
equivalent.
    (iv) An approximate quantification of the hazardous constituents 
identified in the waste, within the precision produced by the analytical 
methods specified in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by 
reference in Sec. 260.11 of this chapter and Sec. 270.6.
    (v) A quantification of those hazardous constituents in the waste 
which may be designated as POHC's based on data submitted from other 
trial or operational burns which demonstrate compliance with the 
performance standards in Sec. 264.343 of this chapter.
    (2) A detailed engineering description of the incinerator, 
including:
    (i) Manufacturer's name and model number of incinerator.
    (ii) Type of incinerator.
    (iii) Linear dimension of incinerator unit including cross sectional 
area of combustion chamber.
    (iv) Description of auxiliary fuel system (type/feed).
    (v) Capacity of prime mover.

[[Page 300]]

    (vi) Description of automatic waste feed cutoff system(s).
    (vii) Stack gas monitoring and pollution control monitoring system.
    (viii) Nozzle and burner design.
    (ix) Construction materials.
    (x) Location and description of temperature, pressure, and flow 
indicating devices and control devices.
    (3) A description and analysis of the waste to be burned compared 
with the waste for which data from operational or trial burns are 
provided to support the contention that a trial burn is not needed. The 
data should include those items listed in paragraph (c)(1) of this 
section. This analysis should specify the POHC's which the applicant has 
identified in the waste for which a permit is sought, and any 
differences from the POHC's in the waste for which burn data are 
provided.
    (4) The design and operating conditions of the incinerator unit to 
be used, compared with that for which comparative burn data are 
available.
    (5) A description of the results submitted from any previously 
conducted trial burn(s) including:
    (i) Sampling and analysis techniques used to calculate performance 
standards in Sec. 264.343 of this chapter,
    (ii) Methods and results of monitoring temperatures, waste feed 
rates, carbon monoxide, and an appropriate indicator of combustion gas 
velocity (including a statement concerning the precision and accuracy of 
this measurement),
    (6) The expected incinerator operation information to demonstrate 
compliance with Sec. Sec. 264.343 and 264.345 of this chapter 
including:
    (i) Expected carbon monoxide (CO) level in the stack exhaust gas.
    (ii) Waste feed rate.
    (iii) Combustion zone temperature.
    (iv) Indication of combustion gas velocity.
    (v) Expected stack gas volume, flow rate, and temperature.
    (vi) Computed residence time for waste in the combustion zone.
    (vii) Expected hydrochloric acid removal efficiency.
    (viii) Expected fugitive emissions and their control procedures.
    (ix) Proposed waste feed cut-off limits based on the identified 
significant operating parameters.
    (7) Such supplemental information as the Director finds necessary to 
achieve the purposes of this paragraph.
    (8) Waste analysis data, including that submitted in paragraph 
(c)(1) of this section, sufficient to allow the Director to specify as 
permit Principal Organic Hazardous Constituents (permit POHC's) those 
constituents for which destruction and removal efficiencies will be 
required.
    (d) The Director shall approve a permit application without a trial 
burn if he finds that:
    (1) The wastes are sufficiently similar; and
    (2) The incinerator units are sufficiently similar, and the data 
from other trial burns are adequate to specify (under Sec. 264.345 of 
this chapter) operating conditions that will ensure that the performance 
standards in Sec. 264.343 of this chapter will be met by the 
incinerator.
    (e) When an owner or operator demonstrates compliance with the air 
emission standards and limitations in part 63, subpart EEE, of this 
chapter (i.e., by conducting a comprehensive performance test and 
submitting a Notification of Compliance under Sec. Sec. 63.1207(j) and 
63.1210(b) of this chapter documenting compliance with all applicable 
requirements of part 63, subpart EEE, of this chapter), the requirements 
of this section do not apply, except those provisions the Director 
determines are necessary to ensure compliance with Sec. Sec. 264.345(a) 
and 264.345(c) of this chapter if you elect to comply with Sec. 
270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, 
shutdown, and malfunction events. Nevertheless, the Director may apply 
the provisions of this section, on a case-by-case basis, for purposes of 
information collection in accordance with Sec. Sec. 270.10(k) and 
270.32(b)(2).

[48 FR 14228, Apr. 1, 1983, as amended at 58 FR 46051, Aug. 31, 1993; 64 
FR 53076, Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 67 FR 77692, Dec. 
19, 2002]

    Effective Date Note: At 70 FR 34590, June 14, 2005, Sec. 270.19 was 
amended by revising paragraphs (c)(1)(iii) and (iv), effective July

[[Page 301]]

14, 2005. For the convenience of the user, the revised text is set forth 
as follows:

Sec. 270.19  Specific part B information requirements for incinerators.

                                * * * * *

    (c) * * *
    (1) * * *
    (iii) An identification of any hazardous organic constituents listed 
in part 261, appendix VIII, of this chapter, which are present in the 
waste to be burned, except that the applicant need not analyze for 
constituents listed in part 261, appendix VIII, of this chapter which 
would reasonably not be expected to be found in the waste. The 
constituents excluded from analysis must be identified and the basis for 
their exclusion stated. The waste analysis must rely on appropriate 
analytical techniques.
    (iv) An approximate quantification of the hazardous constituents 
identified in the waste, within the precision produced by appropriate 
analytical methods.

                                * * * * *