[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR266.102]
[Page 13-19]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION 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
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.
[[Page 14]]
(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 modification, as applicable. Operating requirements for new
wastes may be based on either trial burn results or alternative 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.
(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
[[Page 15]]
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;
(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
[[Page 16]]
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 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;
[[Page 17]]
(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 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
[[Page 18]]
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.
(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
[[Page 19]]
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 maintain in the
operating record of the facility all information and data required by
this section for five years.
(11) 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.
[56 FR 7208, Feb. 21, 1991; 56 FR 32688, July 17, 1991, as amended at 56
FR 42512, 42514, Aug. 27, 1991; 70 FR 34588, June 14, 2005; 71 FR 16913,
Apr. 4, 2006]