[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: 40CFR266.112]



[Page 46-48]

 

                   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.  266.112  Regulation of residues.



    A residue derived from the burning or processing of hazardous waste 

in a boiler or industrial furnace is not excluded from the definition of 

a hazardous waste under Sec.  261.4(b) (4), (7), or (8) unless the 

device and the owner or operator meet the following requirements:

    (a) The device meets the following criteria:



[[Page 47]]



    (1) Boilers. Boilers must burn at least 50% coal on a total heat 

input or mass input basis, whichever results in the greater mass feed 

rate of coal;

    (2) Ore or mineral furnaces. Industrial furnaces subject to Sec.  

261.4(b)(7) must process at least 50% by weight normal, nonhazardous raw 

materials;

    (3) Cement kilns. Cement kilns must process at least 50% by weight 

normal cement-production raw materials;

    (b) The owner or operator demonstrates that the hazardous waste does 

not significantly affect the residue by demonstrating conformance with 

either of the following criteria:

    (1) Comparison of waste-derived residue with normal residue. The 

waste-derived residue must not contain appendix VIII, part 261 

constituents (toxic constituents) that could reasonably be attributable 

to the hazardous waste at concentrations significantly higher than in 

residue generated without burning or processing of hazardous waste, 

using the following procedure. Toxic compounds that could reasonably be 

attributable to burning or processing the hazardous waste (constituents 

of concern) include toxic constituents in the hazardous waste, and the 

organic compounds listed in appendix VIII of this part that may be 

generated as products of incomplete combustion. For polychlorinated 

dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses must be 

performed to determine specific congeners and homologues, and the 

results converted to 2,3,7,8-TCDD equivalent values using the procedure 

specified in section 4.0 of appendix IX of this part.

    (i) Normal residue. Concentrations of toxic constituents of concern 

in normal residue shall be determined based on analyses of a minimum of 

10 samples representing a minimum of 10 days of operation. Composite 

samples may be used to develop a sample for analysis provided that the 

compositing period does not exceed 24 hours. The upper tolerance limit 

(at 95% confidence with a 95% proportion of the sample distribution) of 

the concentration in the normal residue shall be considered the 

statistically-derived concentration in the normal residue. If changes in 

raw materials or fuels reduce the statistically-derived concentrations 

of the toxic constituents of concern in the normal residue, the 

statistically-derived concentrations must be revised or statistically-

derived concentrations of toxic constituents in normal residue must be 

established for a new mode of operation with the new raw material or 

fuel. To determine the upper tolerance limit in the normal residue, the 

owner or operator shall use statistical procedures prescribed in 

``Statistical Methodology for Bevill Residue Determinations'' in 

appendix IX of this part.

    (ii) Waste-derived residue. Waste-derived residue shall be sampled 

and analyzed as often as necessary to determine whether the residue 

generated during each 24-hour period has concentrations of toxic 

constituents that are higher than the concentrations established for the 

normal residue under paragraph (b)(1)(i) of this section. If so, 

hazardous waste burning has significantly affected the residue and the 

residue shall not be excluded from the definition of a hazardous waste. 

Concentrations of toxic constituents of concern in the waste-derived 

residue shall be determined based on analysis of one or more samples 

obtained over a 24-hour period. Multiple samples may be analyzed, and 

multiple samples may be taken to form a composite sample for analysis 

provided that the sampling period does not exceed 24 hours. If more than 

one sample is analyzed to characterize waste-derived residues generated 

over a 24-hour period, the concentration of each toxic constituent shall 

be the arithmetic mean of the concentrations in the samples. No results 

may be disregarded; or

    (2) Comparison of waste-derived residue concentrations with health-

based limits--(i) Nonmetal constituents: The concentration of each 

nonmetal toxic constituent of concern (specified in paragraph (b)(1) of 

this section) in the waste-derived residue must not exceed the health-

based level specified in appendix VII of this part, or the level of 

detection, whichever is higher. If a health-based limit for a 

constituent of concern is not listed in appendix VII of this part, then 

a limit of 0.002 micrograms per kilogram or the level of detection 

(which must be determined by using appropriate analytical procedures), 

whichever is higher, must



[[Page 48]]



be used. The levels specified in appendix VII of this part (and the 

default level of 0.002 micrograms per kilogram or the level of detection 

for constituents as identified in Note 1 of appendix VII of this 

chapter) are administratively stayed under the condition, for those 

constituents specified in paragraph (b)(1) of this section, that the 

owner or operator complies with alternative levels defined as the land 

disposal restriction limits specified in Sec.  268.43 of this chapter 

for F039 nonwastewaters. In complying with those alternative levels, if 

an owner or operator is unable to detect a constituent despite 

documenting use of best good-faith efforts as defined by applicable 

Agency guidance or standards, the owner or operator is deemed to be in 

compliance for that constituent. Until new guidance or standards are 

developed, the owner or operator may demonstrate such good-faith efforts 

by achieving a detection limit for the constituent that does not exceed 

an order of magnitude above the level provided by Sec.  268.43 of this 

chapter for F039 nonwastewaters. In complying with the Sec.  268.43 of 

this chapter F039 nonwastewater levels for polychlorinated dibenzo-p-

dioxins and polychlorinated dibenzo-furans, analyses must be performed 

for total hexachlorodibenzo-p-dioxins, total hexachlorodibenzofurans, 

total pentachlorodibenzo-p-dioxins, total pentachlorodibenzofurans, 

total tetrachlorodibenzo-p-dioxins, and total tetrachlorodibenzofurans.



    Note to this paragraph (b)(2)(i): The administrative stay, under the 

condition that the owner or operator complies with alternative levels 

defined as the land disposal restriction limits specified in Sec.  

268.43 of this chapter for F039 nonwastewaters, remains in effect until 

further administrative action is taken and notice is published in the 

Federal Register and the Code of Federal Regulations.

    (ii) Metal constituents. The concentration of metals in an extract 

obtained using the Toxicity Characteristic Leaching Procedure of Sec.  

261.24 of this chapter must not exceed the levels specified in appendix 

VII of this part; and

    (iii) Sampling and analysis. Waste-derived residue shall be sampled 

and analyzed as often as necessary to determine whether the residue 

generated during each 24-hour period has concentrations of toxic 

constituents that are higher than the health-based levels. 

Concentrations of toxic constituents of concern in the waste-derived 

residue shall be determined based on analysis of one or more samples 

obtained over a 24-hour period. Multiple samples may be analyzed, and 

multiple samples may be taken to form a composite sample for analysis 

provided that the sampling period does not exceed 24 hours. If more than 

one sample is analyzed to characterize waste-derived residues generated 

over a 24-hour period, the concentration of each toxic constituent shall 

be the arithmetic mean of the concentrations in the samples. No results 

may be disregarded; and

    (c) Records sufficient to document compliance with the provisions of 

this section shall be retained until closure of the boiler or industrial 

furnace unit. At a minimum, the following shall be recorded.

    (1) Levels of constituents in appendix VIII, part 261, that are 

present in waste-derived residues;

    (2) If the waste-derived residue is compared with normal residue 

under paragraph (b)(1) of this section:

    (i) The levels of constituents in appendix VIII, part 261, that are 

present in normal residues; and

    (ii) Data and information, including analyses of samples as 

necessary, obtained to determine if changes in raw materials or fuels 

would reduce the concentration of toxic constituents of concern in the 

normal residue.



[50 FR 666, Jan. 4, 1985, as amended at 56 FR 42516, Aug. 27, 1991; 57 

FR 38566, Aug. 25, 1992; 58 FR 59602, Nov. 9, 1993; 64 FR 53076, Sept. 

30, 1999; 70 FR 34588, June 14, 2005]



Subparts I-L [Reserved]