[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR761.72]
[Page 668-670]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 761_POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, PROCESSING,
DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS--Table of Contents
Subpart D_Storage and Disposal
Sec. 761.72 Scrap metal recovery ovens and smelters.
Any person may dispose of residual PCBs associated with PCB-
Contaminated articles regulated for disposal under Sec. 761.60(b),
metal surfaces in PCB remediation waste regulated under Sec. 761.61, or
metal surfaces in PCB bulk product waste regulated under Sec. Sec.
761.62(a)(6) and 761.79(c)(6), from which all free-flowing liquids have
been removed:
(a) In a scrap metal recovery oven:
(1) The oven shall have at least two enclosed (i.e., negative draft,
no fugitive emissions) interconnected chambers.
(2) The equipment with all free-flowing liquid removed shall first
be placed in the primary chamber at room temperature.
(3) The primary chamber shall operate at a temperature between 537
[deg]C and 650 [deg]C for a minimum of 2\1/2\ hours and reach a minimum
temperature of 650 [deg]C (1,202 [deg]F) once during each heating cycle
or batch treatment of unheated, liquid-free equipment.
(4) Heated gases from the primary chamber must feed directly into
the
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secondary chamber (i.e., afterburner) which must operate at a minimum
temperature of 1,200 [deg]C (2,192 [deg]F) with at least a 3 percent
excess oxygen and a retention time of 2.0 seconds with a minimum
combustion efficiency of 99.9 percent according to the definition in
Sec. 761.70(a)(2).
(5) Heating of the primary chamber shall not commence until the
secondary chamber has reached a temperature of 1,200 100 [deg]C (2,192 [deg] 180
[deg]F).
(6) Continuous emissions monitors and recorders for carbon dioxide,
carbon monoxide, and excess oxygen in the secondary chamber and
continuous temperature recorders in the primary and secondary chambers
shall be installed and operated while the primary and secondary chambers
are in operation to assure that the two chambers are within the
operating parameters in paragraphs (a)(3) through (a)(5) of this
section.
(7) Emissions from the secondary chamber must be vented through an
exhaust gas stack in accordance with either:
(i) State or local air regulations or permits, or
(ii) The standards in paragraph (a)(8) of this section.
(8) Exhaust gas stack emissions shall be for: particulates <0.015
grains/dry standard cubic foot, sulfur dioxide <35 parts per million by
volume (ppmv), nitrogen oxide <150 ppmv, carbon monoxide <35 ppmv, and
hydrogen chloride <35 ppmv.
(9) A measurement of the temperature in the secondary chamber at the
time the primary chamber starts heating must be taken, recorded and
retained at the facility for 3 years from the date each charge is
introduced into the primary chamber.
(b) By smelting:
(1) The operating temperature of the hearth must be at least 1,000
[deg]C at the time it is charged with any PCB-Contaminated non-porous
surface.
(2) Each charge containing a PCB-Contaminated item must be added
into molten metal or a hearth at =1,000 [deg]C.
(3) Successive charges may not be introduced into the hearth in less
than 15-minute intervals.
(4) The smelter must operate in compliance with any applicable
emissions standards in part 60 of this chapter.
(5) The smelter must have an operational device which accurately
measures directly or indirectly, the temperature in the hearth.
(6) Take, record and retain at the disposal facility for 3 years
from the date each charge is introduced, a reading of the temperature in
the hearth at the time it is charged with a non-porous surface item.
(c)(1) Scrap metal recovery ovens and smelters must either have a
final permit under RCRA (part 266, subpart H of this chapter and Sec.
270.66 of this chapter) or be operating under a valid State air
emissions permit which includes a standard for PCBs.
(2) Scrap metal recovery ovens and smelters disposing of PCBs must
provide notification as disposers of PCBs, are not required to submit
annual reports, and shall otherwise comply with all applicable
provisions of subparts J and K of this part, as well as other applicable
Federal, State, and local laws and regulations.
(3) In lieu of the requirements in paragraph (c)(1) of this section,
upon written request by the owner or operator of a scrap metal recovery
oven or smelter, the EPA Regional Administrator, for the Region where
the oven or smelter is located, may make a finding in writing, based on
a site-specific risk assessment, that the oven or smelter does not pose
an unreasonable risk of injury to health or the environment because it
is operating in compliance with the parameters and conditions listed in
paragraph (a) or (b) of this section even though the oven or smelter
does not have a RCRA or State air permit as required by paragraph (c)(1)
of this section. The written request shall include a site-specific risk
assessment.
(d) PCB liquids, other liquid waste qualifying as waste oils which
may be used as provided for at Sec. 761.20(e), or PCB remediation
waste, other than PCB-Contaminated articles, may not be disposed of in a
scrap metal recovery oven or smelter unless approved or
[[Page 670]]
otherwise allowed under subpart D of this part.
[63 FR 35455, June 29, 1998, as amended at 64 FR 33761, June 24, 1999]