[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: 40CFR266.103]



[Page 19-33]

 

                   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.  266.103  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



[[Page 20]]



``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 hazardous waste or for which construction (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 hazardous 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;

    (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



[[Page 21]]



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

    (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



[[Page 22]]



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 ``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



[[Page 23]]



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, 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 section 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 hazardous waste in the unit until revised certification of 

precompliance under paragraph (b)(8) of this section or certification 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;



[[Page 24]]



    (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 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



[[Page 25]]



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.

    (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 precompliance. 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 precompliance by submitting a revised certification of 

precompliance 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



[[Page 26]]



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:

    (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;



[[Page 27]]



    (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) 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



[[Page 28]]



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 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



[[Page 29]]



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

    (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



[[Page 30]]



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.

    (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



[[Page 31]]



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 operating 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 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:



[[Page 32]]



    (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 five 

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 

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



[[Page 33]]



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 hazardous waste, other fuels, and 

industrial furnace feed stocks, and feed rates of ash, metals, and total 

chloride and chlorine as necessary to ensure conformance with the 

certification of precompliance 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.

    (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 

for five years.

    (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; 71 FR 16913, Apr. 4, 2006]



[[Page 34]]