[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: 40CFR266.111]



[Page 45-46]

 

                   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.  266.111  Standards for direct transfer.



    (a) Applicability. The regulations in this section apply to owners 

and operators of boilers and industrial furnaces subject to Sec. Sec.  

266.102 or 266.103 if hazardous waste is directly transferred from a 

transport vehicle to a boiler or industrial furnace without the use of a 

storage unit.

    (b) Definitions. (1) When used in this section, the following terms 

have the meanings given below:

    Direct transfer equipment means any device (including but not 

limited to, such devices as piping, fittings, flanges, valves, and 

pumps) that is used to distribute, meter, or control the flow of 

hazardous waste between a container (i.e., transport vehicle) and a 

boiler or industrial furnace.

    Container means any portable device in which hazardous waste is 

transported, stored, treated, or otherwise handled, and includes 

transport vehicles that are containers themselves (e.g., tank trucks, 

tanker-trailers, and rail tank cars), and containers placed on or in a 

transport vehicle.

    (2) This section references several requirements provided in 

subparts I and J of parts 264 and 265. For purposes of this section, the 

term ``tank systems'' in those referenced requirements means direct 

transfer equipment as defined in paragraph (b)(1) of this section.

    (c) General operating requirements. (1) No direct transfer of a 

pumpable hazardous waste shall be conducted from an open-top container 

to a boiler or industrial furnace.

    (2) Direct transfer equipment used for pumpable hazardous waste 

shall always be closed, except when necessary to add or remove the 

waste, and shall not be opened, handled, or stored in a manner that may 

cause any rupture or leak.

    (3) The direct transfer of hazardous waste to a boiler or industrial 

furnace shall be conducted so that it does not:

    (i) Generate extreme heat or pressure, fire, explosion, or violent 

reaction;

    (ii) Produce uncontrolled toxic mists, fumes, dusts, or gases in 

sufficient quantities to threaten human health;

    (iii) Produce uncontrolled flammable fumes or gases in sufficient 

quantities to pose a risk of fire or explosions;

    (iv) Damage the structural integrity of the container or direct 

transfer equipment containing the waste;

    (v) Adversely affect the capability of the boiler or industrial 

furnace to meet the standards provided by Sec. Sec.  266.104 through 

266.107; or

    (vi) Threaten human health or the environment.

    (4) Hazardous waste shall not be placed in direct transfer 

equipment, if it could cause the equipment or its secondary containment 

system to rupture, leak, corrode, or otherwise fail.

    (5) The owner or operator of the facility shall use appropriate 

controls and practices to prevent spills and overflows from the direct 

transfer equipment or its secondary containment systems. These include 

at a minimum:

    (i) Spill prevention controls (e.g., check valves, dry discount 

couplings); and

    (ii) Automatic waste feed cutoff to use if a leak or spill occurs 

from the direct transfer equipment.

    (d) Areas where direct transfer vehicles (containers) are located. 

Applying the definition of container under this section, owners and 

operators must comply with the following requirements:

    (1) The containment requirements of Sec.  264.175 of this chapter;

    (2) The use and management requirements of subpart I, part 265 of 

this chapter, except for Sec. Sec.  265.170 and 265.174, and except that 

in lieu of the special requirements of Sec.  265.176 for ignitable or 

reactive waste, the owner or operator may comply with the requirements 

for the maintenance of protective distances between the waste management 

area and any public ways, streets, alleys, or an adjacent property line 

that can be built upon as required in Tables 2-1 through 2-6 of the 

National Fire Protection Association's (NFPA) ``Flammable and 

Combustible Liquids Code,'' (1977 or 1981), (incorporated by reference, 

see Sec.  260.11). The owner or operator must obtain and keep on file at 

the facility a written certification by the local Fire Marshall that the 

installation meets the subject NFPA codes; and

    (3) The closure requirements of Sec.  264.178 of this chapter.



[[Page 46]]



    (e) Direct transfer equipment. Direct transfer equipment must meet 

the following requirements:

    (1) Secondary containment. Owners and operators shall comply with 

the secondary containment requirements of Sec.  265.193 of this chapter, 

except for paragraphs 265.193 (a), (d), (e), and (i) as follows:

    (i) For all new direct transfer equipment, prior to their being put 

into service; and

    (ii) For existing direct transfer equipment within 2 years after 

August 21, 1991.

    (2) Requirements prior to meeting secondary containment 

requirements. (i) For existing direct transfer equipment that does not 

have secondary containment, the owner or operator shall determine 

whether the equipment is leaking or is unfit for use. The owner or 

operator shall obtain and keep on file at the facility a written 

assessment reviewed and certified by a qualified, registered 

professional engineer in accordance with Sec.  270.11(d) of this chapter 

that attests to the equipment's integrity by August 21, 1992.

    (ii) This assessment shall determine whether the direct transfer 

equipment is adequately designed and has sufficient structural strength 

and compatibility with the waste(s) to be transferred to ensure that it 

will not collapse, rupture, or fail. At a minimum, this assessment shall 

consider the following:

    (A) Design standard(s), if available, according to which the direct 

transfer equipment was constructed;

    (B) Hazardous characteristics of the waste(s) that have been or will 

be handled;

    (C) Existing corrosion protection measures;

    (D) Documented age of the equipment, if available, (otherwise, an 

estimate of the age); and

    (E) Results of a leak test or other integrity examination such that 

the effects of temperature variations, vapor pockets, cracks, leaks, 

corrosion, and erosion are accounted for.

    (iii) If, as a result of the assessment specified above, the direct 

transfer equipment is found to be leaking or unfit for use, the owner or 

operator shall comply with the requirements of Sec. Sec.  265.196 (a) 

and (b) of this chapter.

    (3) Inspections and recordkeeping. (i) The owner or operator must 

inspect at least once each operating hour when hazardous waste is being 

transferred from the transport vehicle (container) to the boiler or 

industrial furnace:

    (A) Overfill/spill control equipment (e.g., waste-feed cutoff 

systems, bypass systems, and drainage systems) to ensure that it is in 

good working order;

    (B) The above ground portions of the direct transfer equipment to 

detect corrosion, erosion, or releases of waste (e.g., wet spots, dead 

vegetation); and

    (C) Data gathered from monitoring equipment and leak-detection 

equipment, (e.g., pressure and temperature gauges) to ensure that the 

direct transfer equipment is being operated according to its design.

    (ii) The owner or operator must inspect cathodic protection systems, 

if used, to ensure that they are functioning properly according to the 

schedule provided by Sec.  265.195(b) of this chapter:

    (iii) Records of inspections made under this paragraph shall be 

maintained in the operating record at the facility, and available for 

inspection for at least 3 years from the date of the inspection.

    (4) Design and installation of new ancillary equipment. Owners and 

operators must comply with the requirements of Sec.  265.192 of this 

chapter.

    (5) Response to leaks or spills. Owners and operators must comply 

with the requirements of Sec.  265.196 of this chapter.

    (6) Closure. Owners and operators must comply with the requirements 

of Sec.  265.197 of this chapter, except for Sec.  265.197 (c)(2) 

through (c)(4).



[50 FR 666, Jan. 4, 1985, as amended at 56 FR 42515, Aug. 27, 1991]