this information is reproduced with permission from ...on hazardous waste incineration," and...

Federal Register / Vol. 46, No. 15 / Friday, January 23, 1981 / Rules and Regulations

ENVIRONMENTAL PROTECTIONENVIRONMIENTAL PROTECTIONAGENCY

40 CFR Parts 122,264, and 265

[SWH-FRL 1730-5]

Incinerator Standards for Owners andOperators of Hazardous WasteManagement Facilities; ConsolidatedPermit Regulations

AGEriCY: Environmental ProtectionAgency.ACTION: Interim Final Rule (Parts 264and 122) and Final rule (Part 265).

SUMMARY: The Environmental ProtectionAgency is amending its Tegulations forthe management of hazardous waste by(1) promulgating, on an interim final -basis, incinerator standards that will bethe basis for permit issuance to ownersdand operators of hazardous wastemanagement facilities (Part 264, Subpart0); (2) finalizing the interim statusincinerator standards issued on May 19,1980 (Part 265, Subpart 0); and, (3)amending the permit regulations (Part122) to correspond to the facilityregulations being published today.

Under the Resource Conservation andRecovery Act (RCRA), the Agency isrequired to establish a Federalhazardous waste management system.Early last year EPA began issuing thefirst phase of regulations designed toimplement that system. In January ofthis year EPA promulgated major'portions of the Phase H technicalstandards for facilities that treat andstore hazardous wastes. Today'spublication adds another part to thePhase II technical standards by setting,forth requirements for owners oroperators of incinerator facilities thattreat hazardous waste. Theseregulations provide the necessarystandards by which permits may begranted. The substantive requirementsfor hazardous waste incinerator permitsare included in Part 264, Subpart 0.Information required for Part B of apermit application is specified in Part122.25(b)(5). In many cases trial bumswill be necessary to gather data neededfor Part B of an incinerator facility'spermit application. Criteria for trial bumpermits are detailed in Part 122.27(b).Interim Status Standards must beobserved by existing facilities until finalaction on their permit applications. EPAis today finalizing the Interim StatusStandards for Incinerators which werepromulgated, on an interim final basis,on May 19, 1980. These are in Part 265,Subpart 0.DATES: Effective Date: These regulationsbecome effective on July 22, 1981, which

is six months after the date ofpublication in the Federal Register, asRCRA Section 3010(b) requires.

Comment Date: These regulations areissued on an interim final basis. EPAwill accept public comments on the Part264 and Part 122 regulations andcomments in response to requests in thepreamble until March 24, 1981. In regardto the final regulation (Part 265), EPAwill accept comments only on technicalerrors (e.g., typographical errors,inaccurate cross references, etc.).ADDRESSES: Comments should be sentto Docket Clerk [Docket No. 30041],Office of Solid Waste (WH-562), U.S.Environmental Protection Agency, 401 MStreet, S.W., Washington, D.C. 20460.

Public Docket- The public docket forthese regulations is located in Room2711, U.S. Environmental ProtectionAgency, 401 M Street, S.W.,Washington, D.C., and is available forviewing frori 9:00 a.m. to 4:00 p.m.Monday through Friday, excludingholidays. Among other things, thedocket contains background documentswhich explain, in more detail than thepreamble to this regulation, the basis formany of the provisions in thisregulation.

Copies of Regulations: Single copiesof these regulations will beavailableapproximately 30 days after publicationfrom Ed Cox, Solid Waste Information,U.S. Environmental Protection Agency,26 West St. Clair Street, Cincinnati,Ohio 45268, telephone (513] 684-5362.Multiple copies will be available fromthe Superintendent of Documents,Washington, D.C. 20402.FOR FURTHER INFORMATION CONTACT.For general information contact theRCRA hazardous waste hotline, Officeof Solid Waste (WH-565), U.S.Environmental Protection Agency, 401 MStreet, S.W., Washington, D.C. 20460(phone 800-424-9346, or in Washington,D.C. 554-1404).

For information on implementation of'these regulations, contact the EPAregional offices below:

Region IDennis Huebner, Chief, Waste

Management Branch, John F. KennedyBuilding, Boston, Massachusetts02203, (617) 223-5775

Region IIDr. Ernest Regna, Chief, Soid.Waste

Branch, 26 Federal Plaza, New York,New York 10007, (212) 264-0503

Region IIRobert L Allen, Chief, Hazardous

Materials Branch, 6th and WalnutStreets, Philadelphia, Pennsylvania19106, (215) 597-0980

Region IV

James Scarbrough, Chief, ResidualsManagement Branch, 345 CourtlandStreet, N.E., Atlanta, Georgia 30308,(404] 881-3016

Region V

Karl J. Klepitsch, Jr., Chief, WasteManagement Branch, 230 SouthDearborn Street, Chicago, Illinois60604, (312) 886-6148

Region VI

R. Stan Jorgensen, Acting Chief, SolidWaste Branch, 1201 Elm Street, FirstInternational Building, Dallas, Texas75270, (214) 767-8941

Region VII

Robert L. Morby, Chief, HazardousMaterials Branch, 324 East 11th Street,Kansas City, Missouri 6,4106, (816)374-3307

Region VIII

Lawrence P. Gazda, Chief, WasteManagement Branch, 1860 LincolnStreet, Denver, Colorado 80203, (303)

, 837-2221

Region IX

Arnold R. Den, Chief, HazardousMaterials Branch, 215 Fremont Street,San Francisco, California 94105, (415)556-4606

Region X

Kenneth D. Feigner, Chief, WasteManagement Branch, 1200 6thAvenue, Seattle, Washington 98101,(206) 442-1260

SUPPLEMENTARY INFORMATION: Thispreamble ouilines the basis and purposeof the standards for incineration ofhazardous waste that the Agency ispublishing in today's Federal Register. Italso summarizes and explains changesfrom the standards originally proposed.More complete explanation of, andsupport for, these standards can befound in "BackgroundDocument, 40CFR Part 264 Subpart 0, and 40 CFRPart 265 Subpart 0: Incineration," and inthe guidance materials which theAgency has developed to assist in theunderstanding and implementation ofthese regulations. The latest drafts ofthese manuals--"Engineering Handbookon Hazardous Waste Incineration," and"Permit Writers' Guidance Document forHazardous Waste Incineration'--areavailable in the RCRA docket room, asis the Background Document.

EPA is also proposing today aprocedure to allow a variance inacceptable incinerator emissions, basedon case-by-case assessments of the riskto human health and the environmentfrom such emissions. This procedure

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46, No. 15 1 Friday, January 23, 1981 / Rules and Regulations

could be used to set emission limits forhazardous inorganic constituents andcombustion by-products, as well as forthe organic constituents controlled bytoday's promulgation. This proposalappears elsewhere in today's FederalRegister and is discussed in a separatepreamble section.Preamble OutlineI. AuthorityII. Background1II. Synopsis of the 1978 Proposal

A. The Regulation as ProposedD. CommEnts on the Proposed Regulation

IV. The Incinerator Regulations PromulgatedToday

A. Part 264--General Standards forHazardous Waste Incineration

B. Part 122-Incinerator Facility PermitsC. Part 263-Interim Status Standards for

Hazardous Waste IncinerationV. Issues Rised by Comments, and Changes

in the RegulationA. General Concept Underlying the

Regulations'B. Significant Comments; Changes to Part

264C. Significant Comments; Changes to Part

122D. Significant Comments; Changes to Part

265VI. Regulotozy Analysis

A. Econoriic AnalysisB. Regulatory Alternatives

VII. OMB ReviewVIII. Supporting Documents

I. AuthorityThese regulations are issued under the

authority of Section 1006, 2002(a), 3004,3005, and 3007 of the Solid WasteDisposal Act, as amended by theResource Conservation and RecoveryAct of 1976, as amended, 42 U.S.C.§ § 6905, 6912(a). 6924, 6925, and 6927.II. Background

On December 18, 1978, EPA issuedproposed standards for owners andoperators of hazardous wastemanagement facilities, includingstandards for incinerators (43 FR 58946).The Agency received more than 250comments on the prop sed incineratorregulations and held five public hearingson the December 18 proposal. On May19, 1980, EPA promulgated the first oftvo major phases of the finalregulations for hazardous wastemanagement facilities. Phase I includedadministrative standards for hazardouswaste facilities with RCRA permits (40CFR Part 264) and administrative andtechnical standards for hazardous wastefacilities in interim status (40 CFR Part265). As part of those May 19, 1980regulations, EPA issued interim statusstandards for incineration under 40 CFRPart 265, Subpart 0. Those Subpart 0regulations are being promulgated todayas final standards with few minor

changes to reflect additional publiccomment.

EPA also announced on May 19, 1980,its intent to promulgate the technicalstandards for hazardous waste facilitieswith permits (40 CFR Part 264) as PhaseII of the regulations in the fall of 1980.(For a discussion of the phasedapproach to the regulations see thebackground and overview discussionaccompanying the Parts 264 and 265regulations published on May 19,1980,at 45 FR 33154. For a discussion of thePhase II regulations overall, see theintroductory material accompanying theJanuary 12, 1981 regulations at 46 FR2802.)

Early in January of this year, EPApromulgated the first portion of Phase IIof the technical standards for facilitieswith permits. These included standardsaddressing financial requirements,closure and post-closure, location, andstorage in containers, tanks, piles, andsurface impoundments.

The regulations for incinerators thatEPA is issuing today represent anadditional part of the Phase IIstandards. Another part of Phase II,standards for land disposal, is beingpromulgated elsewhere in today'sFederal Register.

The Agency has also made additionsin today's promulgation to the permittingregulations in Part 122 to correspondwith the new technical requirements ofPart 264, Subpart 0. These includeinformation required for Part B of apermit application (§ 122.25(b)(5)) andcriteria for trial burn permits (§ 122.27).Elsewhere in today's Federal Register,the Agency is proposing additions to thePart 264, Subpart 0 standards beingpromulgated today. These additions willnecessitate future additions to the Part122 permitting standards.

Many of the terms used in today'sregulation are defined in the Part 260regulations which were issued on May19, 1980, at 45 FR 33066. For exampleone key point underlying the regulationspromulgated today is that incinerationof hazardous waste is a form of"treatment" as treatment is definedunder § 260.10(73).

The definintion of incinerator in§ 260.10(30) notes that the primarypurpose is to "thermally break downhazardous waste." This should bedifferentiated from the combustion ofwastes primarily for the recovery oftheir thermal value, which is not"incineration" and, in accordance withthe exclusion of reused or recycledwastes under § 261.6, is exempt fromthese incinerator regulations.

Today's regulations should also bedistinguished from "thermal treatment"standards for which the Agency has

published interim status standards (Part265, Subpart P) which it intends tofinalize sometime soon. The Agency hasnot yet issued technical permitstandards for thermal treatment underPart 264. When promulgated, thesestandards will address thermaltreatment processes which do not comeunder the definition of incineration.

As a result of adding Subpart 0 toPart 264, the Agency has also made anumber of technical conforming changesto other sections, including § § 264.10,264.13, 264.15, 264.73, 264.112, and264.142.

IIl. Synopsis of the 1978 Proposal forIncinerators

A. The Regulations as Proposed

Proposed regulations for incinerationof hazardous waste were published as40 CFR § 250.45-1 on December 18,1978(45 FR 59008). They required owners andoperators to meet a number ofperformance standards coupled withvarious operating requirements, most ofwhich were intended to help ensure thatthe performance criteria werecontinuously met.

The performance criteria required thatall incinerators burning hazardouswastes achieve a destruction efficiency(DE) of 99.99%, and a combustionefficiency of at least 99.9%; thatparticulate emissions be less than 270mg./scm s (0.12 gr/scf) at zero excess air;that fugitive emissions be controlled;and that emission controls remove morethan 99% of the halogens whenhazardous wastes containing more than0.5% halogens were burned.

Proposed operating regulationsrequired that owners or operatorsmonitor and record significant variablesat 15 minute intervals; that trial burns beconducted, analyzed and reported to theRegional Administrator before each newand "significantly different" hazardouswaste was incinerated; and that thewastes be retained for 2 seconds at1000* C. combustion temperature (1200*C. for halogen containing wastes). A"note" or variance provided thatincinerators need not comply with thedetailed combustion criteria if anequivalent combustion efficiency couldbe achieved by other means. A device toautomatically cut off waste feedwhenever combustion or scrubberconditions changed significantly was afinal requirement.

B. Comments on the ProposedRegulations

The Agency received more than 250comments on the proposed incineratorregulations. The most significant ofthese are discussed in Section V of this

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preamble. All of them are considered inthe accompanying "BackgroundDocument."

Many comments dealt with broad andgeneral issues such as the propriety ofapplying any design and operatingrequirements, rather than relying solelyon performance standards. Somecomments questioned the Agency'sstatutory authority to regulatehazardous waste incineration underRCRA at all, rather than under the CleanAir Act.

On the other hand, many commentswere essentially technical. Onecomment suggested that turbulencecriteria be added to the time andtemperature requirements. Otherssuggested that the measurementmethodology was unclear or difficult toapply and that the measurementlocations and frequencies for emissionand effluent temperature measurementsneed to be specified..Three commentspointed to dangers inherent in automaticcut-off devices, and suggested thatgradual shut-downs were preferable.

A middle range of comments acceptedthe general framework of the proposedregulations but stated that specificcriteria were unnecessary or infeasible.In particular it was claimed that thehalogen removal levels appropriate forchlorine were more stringent than thosenecessary or possible for other halogens,such as bromides or iodides. Similarcomments suggested that the general99.99% Destruction Efficiencyrequirement was impractical and verycostly and would divert wastes from therelatively "safe" incineration optiontinto"dangerous" longterm disposal inlandfills. Some comments suggestedvarying Destruction Efficiency in accordwith each waste's degree of hazard.

The high cost of trial burns and of trialburn analyses was frequentlymentioned. There was considerableconcern about the requirement that anew trial bum be performed before each"significantly different" new waste wasincinerated. Several commenterspointed out that the almost infinitevariety of chemical mixtures making up-waste feeds made this requirement bothexpensive and impossible to apply withcertainty, depending on the definition of"significantly different." A fewcomments suggested that therequirement that fugitive emissions becontrolled should be more specific.

A final category of commentssuggested specific exemptions oradditional inclusions for the regulationswhen finally promulgated. The mostimportant of these dealt with exemptingwastes which were hazardous solelybecause of ignitability. Othersrecommended clarifying the status of

incinerator ash residue and scrubbereffluents as hazardous wastes, and ofcement kiln incinerators and utilityboilers burning hazardous wastes fortheir thermal value.IV. The Incinerator RegulationsPromulgated TodayA. Part 264-General Standards forHazardous Waste Incineration

1. Applicability (§ 264.340)This regulation and § 122.27(b)

provide the substantive basis for allincinerator permits to be issued underSection 3005 of RCRA. In accord with§ § 261.2(c)(2) and 261.6, Part 260 defines"incinerator" so that combustion ofwastes primarily for the recovery oftheir thermal value is not "incineration"and thus, is exempt from thesestandards. EPA plans to reconsider, andperhaps narrow, the § 261.6 exclusionsin the future. The Agency specificallysolicits comments on appropriateregulation of emissions from combustionof hazardous waste for purposes ofthermal'recovery.

'The Agency may soon move to,integrate these regulations with thosepromulgated under the Toxic SubstanceControl Act (TSCA) to controlincineration of polychlorinatedbiphenyls (PCBs). EPA welcomescomments on the form and substance ofthat integration. Until that time theincineration of wastes which are subjectto EPA's TSCA disposal criteria (40 CFRPart 761) will continue to be subject tocontrol under TSCA rather than RCRA.Those requirements are more stringentthan, but not inconsistent with, therequirements of this Subpart.

Thermal treatment of hazardouswaste in systems other than incineratorsis seldom utilized now, but EPA expectsthat practice to grow in importance.Interim Status Standards for suchtreatment were published, on an interimfinal basis, as Subpart P of Part 265. TheAgency expects to finalize thosestandards soon and to promulgatepermitting standards for non-incineratorthermal treatment at some time in thefuture. These are expected to be SubpartP of 40 CFR Part 264.

Finally, the regulation provides thatWastes which are hazardous solelybecause of ignitability (and whichcontain no constitutents listed as toxicin Part 261, Appendix VIII) must be.burned in accordance with a permit, butare exempted from most of thesubstantive requirements of th4 SubpartO regulations.2. Waste Analysis (§ 264.341).Required waste analysis takes two

forms.

First, on an on-going basis, theoperator must ensure that waste feed tothe incinerator does not deviate fromthat defined in his permit. Such adeviation would be a violation of thepermit. The permit, under § 264.345(b),will be written to specify wastes whichthe facility has demonstrated its abilityto treat adequately. Thus, for wastefeeds not specified in the permit, there isno assurance that the requiredperformance standards can be met,especially in the absence of definedoperation conditions. As a result, theAgency will require facilities to analyzewaste feeds adequately to ensure thatthey remain within the terms of theirpermits, and to indicate in their wasteanalysis plans (required by § 264.13]how they will do this.

A second, and more intensive, form ofwaste analysis is required as part ofeach permit application and whenever apermit modification or a trial burnpermit is sought. In these cases theapplicant must describe certain physicalproperties of his waste feed and mustanalyze his waste sufficiently to identifythe presence of any hazardous organicconstituents listed in Part 261, AppendixVIII, except that the applicant need notanalyze for Appendix VIII constituentswhich would not reasonably beexpected to be in the waste. Thisanalysis must be performed using thetechniques specified in EPA'spublication SW-46, or techniques of atleast equivalent sensitivity andreliability.

A comprehensive analysis of thehazardous organic constituents of awaste as it is to be incinerated isnecessary to identify the wastecomponents to which the performancestandard (especially the destruction andremoval reqjuirement) will apply.Analytical techniques such as capillarycolumn gas chromatography and a"reverse search" of mass spectra arewell within the capability of widelyavailable laboratory services, so long asthe constituents to be searched for arespecified in some way. In order toidentify hazardous components of wastefeeds and, at the same time, limit thescope of the waste analysis to practicallimits, the scope of the search is initiallyspecified as those constituents listed inPart 261, Appendix VIII. In almost allcases the scope of the mass spectralanalysis will be further limited bydeleting analysis for those AppendixVIII constituents which would notreasonably be expected to be present inthe waste.

Incinerators commonly receive wastesfrom a wide variety of generatingprocesses and mix them for combustion

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on the basis of BTU value and physicalcharacteristics. Thus analysis of wastefeed that w'l actually be burned is moreimportant than analysis of wastes asthey are received or as they are storedprior to blending as a waste feed.Further, reliance on informationprovided on the manifest or dataconsidered as part of EPA's listingprocess will seldom be adequate.Therefore, the analysis required by§ 284.341 is necessary to allow EPA todefine operating conditions necessary toincinerate the waste feed in compliancewith appropriate performancestandards.

3. Principal Organic HazardousConstituents (POHCs) (§ 264.342)

Waste feed mixtures will be specifiedin each facility's permit. For each wastefeed mixture, identified in a facilitypermit, the permit will specify PrinciplalOrganic Hazardous Constituents(POHC's) which must be destroyed orremoved as required by the applicableperformance standard. Identification ofthose waste feed constitutents to whichthe performance standard will beapplied is central to application of thestandard. The Agency has chosen todesignate specific POHC's rather thanrequire that alf hazardous constituentsof the waste feed meet the performancestandard. This reduces the analyticalburden and associated cost of verifyingcompliance with the performancestandard. Selecting limited POHCsavoids the necessity for measuringcompliance against perhaps dozens ofconstituents that may be present in agiven waste in insignificant quantities.Finally, designating as POHCs thosewaste constituents which are mostdifficult to destroy will generally ensurethat less stable hazardous organicconstituents are also destroyed.

For those reasons POHC selection willbe made by the permit writer primarilyon the basis of difficulty of incineration,but the permit writer may then considerconcentration or quantity of constituentsand need not designate as POHCs thosepresent only in insignificant quantities.Thus the regulation says that difficult-to-bum constituents are those "mostlikely" to be selected as POHCs, whilelarger quantity constituents are "morelikely" to be selected than those presentin lesser quantities.4. Performance Standards (§ 264.343)

Three performance standards are theheart of this regulation. The mostimportant of these is the requirementthat incinerators burning hazardouswaste must achieve a destruction andremoval efficiency (DRE) of 99.99% foreach POHC designated for eacth waste

feed. This requirement (which includesparticulate removal) is based on -extensive data indicating that such adestruction efficiency is attainable inindustrial incinerators burning a widerange of organic hazardous wastes. EPAhas now defined the requiredperformance standard to include creditfor removal efficiencies as well asdestruction efficiencies. This approachmakes the performance standard moreeasily attainable since it allows creditfor removal by air pollution controlequipment as well as for destruction in acombustion zone, and it avoids thetechnical difficulties associated withprecise measurements within theextreme conditions of a combustionzone. Yet the reliance on destructionand removal efficiency, rather than meredestruction efficiency, poses noenvironmental hazards since thestandard still covers all emissionsbefore their release to the environment,and since waste residues trapped byemission control equipment must still betreated as hazardous wastes andmanaged properly within the RCRAsystem.

There are limits to the destruction andremoval efficiency approach. It does notcontrol the actual mass of POHCsemitted since, for any given destructionand removal efficiency, mass emissionsvary directly in proportion to variationsin mass feed rate. Perhaps mostimportantly, the approach fails toaccount for emissions of hazardouscombustion by-products which may beequally or more hazardous than POHCsthemselves. Finally, metals, since theyard not combustible, are not nowcontrolled using this approach.

EPA has considered, and is stillconsidering, the feasibility of additionalapproaches to the control of emissionsfrom hazardous waste incinerators. TheAgency is today proposing, elsewhere intoday's Federal Register, a set ofprocedures for varying the performancestandard to address the problems justmentioned. However, until it is clearthat the proposed variance procedure ispracticable, the Agency is relying uponthe approach promulgated today. Theeffect of these combined approaches isthat in the absence of data showing thatlesser emission levels are safe or thatgreaters levels are necessary, theAgency will require that hazardouswastes not be incinerated understandards less stringent than thoseknown to be currently attainable by theexisting technology of high qualitycommercial hazardous wasteincineration. Initial analysis of dataavailable to the Agency indicates thatfor typical waste feed rates, most

organic wastes will present nosignificant health hazards when treatedto a 99.99% destruction and removalefficiency.

An additional performance standardis a requirement that incineratorsburning hazardous waste containingmore than 0.5% chlorine must remove99% of the hydrogen chloride from theirexhaust gas. The level of 0.5% chlorinecontent was chosen as the thresholdlevel for the 99% hydrogen chlorideremoval requirement since the chlorinecontent of American coal ranges up toalmost that concentration. CurrentClean Air Act regulations do not specifyhydrogen chloride or chlorine limits foremissions for the combustion of suchcoal. The small additional emissionsfrom incineration of low-chlorinehazardous wastes are not likely to be aserious problem. Some potentialcandidates for incineration (for examplehexochlorobenzene) do iriclude highchlorine levels and will producesignificant emissions. Thus the hydrogenchloride removal requirement isnecessary.

The final performance standard is thatincinerators not emit particulate matterexceeding 180 milligrams per drystandard cubic meter. Particulates fromhazardous waste combustion canabsorb hazardous constituents ontotheir surface, or may themselves behazardous, making their controlimportant. Control is addressed throughthe DRE standard because particulatesare included in the analysis of the stackemissions for POHC's. However, neithercombustion by-products nor metals arecontrolled through the performancestandards promulgated today. Thus,some control of these substances can beachieved by controlling the emissions ofparticulates. The emission limitsrequired are the same as those requiredby the Clean Air Act's New SourcePerformance Standards for municipalincinerators. Data indicate that they areachievable by all hazardous wasteincinerators except, perhaps, for cementkilns. Cement kilns are exempt from thisSubpart when burning waste for re-useor for recovery of thermal value.

It is very important to note that, whilethese three performance standards arethe goal of this regulation, it is nottechnically practicable to directlymonitor compliance with theperformance standards on a continuousbasis. Enforcement instead will bebased on compliance with operatingconditions demonstrated (by trial burnsor alternative data) to be adequate toachieve these performance standards,and then specified in the permit.However, EPA may require verification

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tests of compliance with theperformance standard eitherperiodically, as specified in'the permit,or when there is an indication that theperformance standards are not beingmet. If the test, or other data, indicatenon-compliance with the performancestandard, then the Agency will havegrounds to modify, revoke, or re-issue apermit so as to ensure that theperformance standards will be met. Inmost cases the Agency does not expectverification tests to be necessary morefrequently than annually.

5. New Wastes: trial bums or permitmodifications (§ 264.344)

Each permit will specify the waste'feeds which it allows and the operatingconditions required for each waste feed.When an owner or operator wishes tobum waste feeds for which operatingconditions have not been set in a permithe must either secure a permitmodification, or, if the bum is to be ofshort duration and for the specificpurposes listed in § 122.27(b], he mustsecure a temporary trial bum permit.

The criteria for granting trial burnpermits are specified in § 122.27(b)which is summarized later in thispreamble. The criteria for granting newpermits and permit modifications arethose outlined in Part 264, Subpart 0.These criteria require demonstration, fora defined waste feed, of operatingconditions adequate to achieve theperformance standards of § 264.343. Thisdemonstration may be based either onthe results of an approved trial bum, oron alternative data adequate todemonstrate that the performancestandard can be met and adequate todefine operating conditions necessary tomeet the standard. Obviously, if anowner or operator wishes to avoidrepeated applications for permitmodifications, it is in his interests todemonstrate, in each permit application,the widest possible variety of wastefeeds that can be adequately incineratedunder each set of operating conditions.Furthermore, for economic reasons,applicants may wish to define theirwaste feeds in varying groups, seekingless stringent operating requirements foreasily combusted waste feeds, whilenarrowing the class of waste feeds thatare subject to more demanding andexpensive operating requirements. Tothe extent that the applicant candemonstrate in his permit applicationthat the required performance standardscan be met for each of these classes ofwaste feed, he is, of course, free to makethese separations.

6. Operating Requirements (§ 264.345)

Each permit will specify, on a case-by-case basis, operating coiditions whichhave been demonstrated (in the trialbum) to be adequate to meet theperformance standard and with whichcompliance is required. The regulationspecifies several operating parameterswhich will almost always be significantvariables for attainment of theperformance standards. Limits will beset for these operating parameters inevery permit. However, if any specificincinerator's design or waste feed makesit necessary, the permit writer may alsospecify other operating requirementsnecessary to ensure that the applicableperformance standards are met.

Thiee further operating requirementswill be applied uniformly. During start-up and shut-down of an incinerator,hazardous waste must not be fed unlessthe incinerator is at a steady state ofoperation. This requirement is aimed atthe problem of inconsistent performanceand incomplete combustion whenwastes are burned in a zone wherecombustion conditions have notstabilized within limits defined in thepermit.

The regulation also requires thatfugitive emissions must be controlled.Where feasible this should be throughtotal sealing of the combustion zone.Where that is impossible (as with rotarykilns) incinerators should maintain"negative pressure", i.e. a combustionzone pressure lower than atmosphericpressure. Alternative means of controlmay be allowed where they aredemonstrated to provide effectivenessequivalent to maintenance of "negativepressure." These requirements arenecessitated by the danger of escape offugitive emissions-including hazardouswaste constituents-that could threatenhuman health or the environment. Theyare already generally practiced incommercial hazardous wasteincineration.

Finally, incinerators must be operatedwith a functioning system to shut offwaste feed when operating requirementsare violated. This requirement willprotect against deviation from theperformance standard; in fact, it isimplicit in the recjuirements thathazardous wastes can be incineratedonly in compliance with a permit andthat the operating requirements areconditions of the permit. After shuttingoff hazardous waste feed, the facilitymay take appropriate steps to eithershut-down the incinerator or to return tooperating conditions defined in itspermit.

7. Monitoring and Inspections (§ 264.347)

EPA has made every effort to reducemonitoring and inspection to theminimum level necessary to ensure thatoperation of the incinerator does notdeviate from the required performancestandards. In fact, the recognition that itis technically not practical tocontinuously monitor for compliancewith the performance standard is amajor factor underlying the monitoringwhich is required. The regulationrequires, as a minimum, continuousmonitoring of combustion temperature,waste feed rate, and air feed rate.

These are the variables which mostsignificantly affect destruction andremoval efficiency; they are alsocontinuously controllable by incineratoroperators. Continuous monitoring ofcarbon monoxide emissions is alsorequired. This monitoring is the simplestprocedure for approximate verificationthat adequate combustion actually istaking place. Finally, the regulationrequires daily inspection of theincinerator and associated equipment,including alarm systems and emergencyshut-down controls. Since theincinerator is a complex system, subjectto high stress conditions, this inspectionis necessary to control against leaks,spills, or fugitive emissions, and toensure that stand-by systems willactually operate when needed.

8. Closure (§ 264.351)

At closure the owner must remove allhazardous waste and hazardous wasteresidues from the incinerator site.Wastes which are hazardous solelybecause of ignitability are not exemptfrom this provision, since the risk theypose to human health and theenvironment is very real when they arenot being burned in the controlledcombustion zone of a permittedhazardous waste incinerator.

B. Part 122-Incinerator Facility Permits

Part 122 includes regulations coveringthe permitting process. Two portions ofPart 122 are particularly related tohazardous waste incinerator operation.Section 122.25 describes informationrequired in Part B of an owner oroperator's permit application;§ 122.25(b)(5) describes the particularinformation required in applications forpermits to incinerate hazardous waste.Section 122.27 describes short-termpermits; § 122.27(b) sets-out theprocedures and standards for obtaininga permit to conduct a trial bum ofhazardous waste.

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1. Permit Application Information(§ 122.25(b)(5))

Permit writer's will have to makesignificant judgments, based oninformation contained in facility permitapplications. EPA has limited theinformation required in Part B of apermit application for an incinerator tothat necessary to make those judgmentsproperly. As § 122.25(b)(5) specifies,applicants must meet one or more ofthree sets of information requirements.

If the facility is seeking to incineratehazardous waste under the exemptionavailable for waste which is hazardoussolely because it is ignitable, the permitapplication must provide analyticalresults adequate to determine thathazardous constituents listed in Part261, Appendix VIII are not present inthe waste. The reasons for this areexplained above, in the substantivediscussion of the ignitability exemption.

Initially, information will besubmitted for most facilities under§ 122.25(b)(5)(ii). This requires that anapplicant submit the results of a trialbum of the relevant waste feed,conducted under § 122.27(b). Thissubmission must include all the wasteanalyses, engineering data, analyticalresults, and calculations related to thetrial bum and its results. Thisinformation must be adequate to allowthe permit writer to determine operatingconditions that will ensure that thefacility will meet the performancestandards for the relevant waste feeds.

Finally, applicants may seek to avoidthe trial burn requirement by submissionof alternative data. This information,specified in § 122.25(b)(5)(iii), isessentially a re-statement of theinformation required to obtain a trialbum permit under § 122.27(b). It issupplemented by such furtherinformation as the permit writer mayrequire to datermine that the alternativedata in adequate to ensure that theperformance standards will be met andto set adequate operating parameters.

2. Trial Burn Permits (§ 122.27(b))

Destruction and removal efficienciesfor any given waste feed can varygreatly, and are dependent both onoperating conditions and on specificaspects of any incinerator's design.Thus, compliance with applicableperformance standards will often haveto be demonstrated by empiricalmeasurement, rather than by prediction.Trial bums are the mechanisms forthese measurements.

Each trial bum can be conducted onlywith the specific approval of apermitting official. However, the fullprocedural requirements for general

permits need not be followed. This isbecause short term permits will be oflimited duration (generally less than adozen hours of combustion, spread overoperating periods of up to two weeks),and for the limited purposes ofdetermining feasability of compliance,and the operating conditions necessaryto comply, with applicable performancestandards. In addition, trial bums willnot be allowed if they pose an imminenthazard to human health or theenvironment.

Applications for a trial burn permitmust include a trial burn plan which, ifapproved, will become a condition ofthe trial bum permit. This plan willinclude a waste analysis (indentical tothat required for general permits) whichdescribes certain physical properties ofthe proposed waste feed and whichincludes an analysis sufficient toidentify the presence of any hazardousorganic constituents listed in Part 261,Appendix VIII, which may be present inthe waste.

In addition, the applicant mustprovide a detailed description of hisincinerator and of the sampling andmonitoring procedures to be followed,along with descriptions of safetyequipment and full information aboutthe time, waste quantity, and operatingconditions of the proposed trial bum.

The permitting official may ask tohave this information supplemented ifhe needs further data to determinewhether the trial bum is likely todemonstrate compliance with theperformance standards, identifyassociated operating conditions, andwill not itself present an imminenthazard to human health and theenvironment. When the permittingofficial determines that the data meetthese objectives, he will approve thetrial burn plan, will specify the trialPrincipal Organic HazardousConstituents (trial POHCs) for which thefacility must calculate destruction andremoval efficiencies during the trialbum, and will issue a trial bum permitincorporating the conditions in the trialburn plan.

When trial bums are carried out, EPAmay wish to have an observor presentand, if necessary, can insist upon doingso under the authority of Section 3007 ofRCRA, and 40 CFR 122.(7)(i). In any casethe trial bum must be conducted inaccordance with the trial bum permitand waste feed must cease whenspecified operating conditions areviolated.

Determinations specified in the trialbum permit must be made during thetrial bum, or as soon after it as ispractical. In all cases, these will includea quantitative analysis of the trial

POHCs in the waste feed to theincinerator and a quantitative analysisof the trial POHCs in the exhaust gasemitted from the incinerator. Theseanalyses are necessary to make therequired computation of destruction andremoval efficiency (DRE) in accordancewith the formula specified in§ 264.343(a). This DRE computation mustbe supported and verified by a totalmass balance of the trial POHCs in thewaste feed, and must be compared withrequired quantitative analyses ofscrubber water and other residues fortrial POHCs. Measurement of hazardouscombustion by-products will be used toverify attainment of the DREperformance standard, throughcomparison with the mass balance ofPOHCs. It may also help meet publicconcern about the presence of by-products in incinerator emissions. Dataaccumulated from these trial bumanalyses may lead to reductions in thenumber and complexity of subsequenttrial bums, either by reducing the needfor those bums, or by aiding theselection of surrogates to simplify suchanalyses.

Compliance with the otherperformance standards must bedemonstrated by direct measurement ofparticulate emissions and hydrogenchloride removal efficiencies. Sources offugitive emissions and their means ofcontrol must also be identified.

Measurements of average, maximum,and minimum temperatures in thecombustion zone and of air feed ratesare always necessary to help establishoperating conditions which will assurecontinued compliance with theperformance standard. In addition, thetrial bum permit may specify other datacollection, if necessary to determinecompliance with applicable performancestandards, or to establish operatingrequirements.

Since § 122.27 Short-Term Permits aresomewhat separate from the normalpermitting procedures, and since theywill not always include publicparticipation, for purposes of clarity theAgency has specified that allsubmissions required by this subsectionshall be certified by signature. Sincerepeated submissions may be requiredto establish acceptable waste analyses,trial bum plans, and trial bum analyses,the Agency has decided to require onlythat the certification be made by aperson authorized to make reports,rather than requiring that eachsubmission be signed by a person ofvice-presidential or equivalent corporaterank.

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Federal Register / Vol. 46, No. 15 /. Friday, January 23, 1981 / Rules and Regulations

C. Part 26--Interim Status Standardsfor Hazardous Waste Incineration

Facilities which qualify for interimstatus may continue to operate untilfinal Agency action on their permitapplications. Throughout that timeowners or operators must comply withall relevant interim status standards. Ifthe owner or operator of a facility whichhas interim status wishes to bum awaste which he has not listed in Part Aof his permit application, he mustsupplement hi§ Part A application asrequired by § 122.23(c](1).

EPA is today finalizing the InterimStatus Standards which were issued, onan interim final basis, on May 19, 1980(45 FR 33250). With small exceptions theregulations follow the text of the interimfinal promulgation. They are discussedin the preamble accompanying thatpromulgation. The Agency has,however, modified those regulations intwo significant ways. First, theregulation now prevents hazardouswaste feed during shut-down situations,in addition to forbidding it during start-up conditions. On the other hand, theAgency has recognized that wasteswhich are hazardous solely because ofignitability can be burned safely evenwhen operating conditions are unstable.Thus the final regulations allowexemptions for ignitable wastes,conditional upon the owner or operatorperforming and maintaining analyses -,that show that the waste feed would notreasonably be expected to containhazardous constituents listed in Part261, Appendix VIII.

V. Issues Raised by Comments, andChanges in the Regulation

A. General Concepts Underlying theRegulation

1. AuthoritySeveral commenters argued that

RCRA grante&EPA no authority toregulate hazardous waste incinerati6nsince legislative history did not labelincineration a form of "disposal" andsince the Clean Air Act adequatelycontrolled incinerator emissions.

Whether hazardous wasteincineration falls within-the Section1004(3) definition of "disposal" is not acontrolling issue. The Agency isregulating incineration as "treatment" ofhazardous wastes. Section 1004(34)defines treatment:

(34) The term "treatment", when used inconnection with hazardous waste, means anymethod, technique, or process, includingneutralization, designed to change thebiological character or composition of anyhazardous waste so as to neutralize wasteand render it non-hazardous, safe fortransport, amenable for recovery, amenable

for storage, or reduced in volume. Such termincludes any activity or processing designedto change the physical form or chemicalcomposition of hazardous waste so as torender it non-hazardous.

As a process designed to renderhazardous waste non-hazardous andreduced in volume, incineration -certainly falls within this definition. TheAgency's statutory mandate to regulatesuch treatment pocesses is then found inSection 3004, which requires that theAdministrator promulgate performancestandards for the treatment ofhazardous wastes.

This also fits the broad structure ofRCRA, which requires that hazardouswastes be sent only to facilities whichhave RCRA permits to treat them. TheAdministrator's authority in this matteris make even more clear in Section 3004which says that the standards set by theAgency "shall include, but need not belimited to, requirements respecting--

(3) Treatment ... of all such wastes...pursuant to such operating methods,techniques, and practices as may besatisfactory to the Administrator.

This mandate also serves theobjectives of the statute, defined byCongress in Section 1003(4) as, amongother things, "regulating the treatment. .' of hazardous wastes which haveadverse affects on health and theenvironment". Furthermore, incinerationof hazardous wastes was discussedextensively in EPA's 1974 Report toCongress, Disposal of HazardousWastes, a document that stronglyinfluenced Congressional developmentof RCRA. Additionally, EPA hasconsistently indicated in both FederalRegister proposals and Congressionaltestimony that it will controlincinerators under RCRA. Congressgave no signs of disapproval of this in,the 1980 RCRA amendments.

The Agency cannot agree with thosecommenters who suggested that theproposed regulations should be replacedby, or were in conflict with, the CleanAir Act. Current Clean Air Actregulations address only a portion of thepotential emissions from a hazardouswaste incinerator. The Clean Air Act isoriented toward control of emissions ona pollutant-by-pollutant basis, andcurrent regulations are focused largelyon wide-spread, large-volume, pollutants(particulates, NO., SO., etc) and onspecified hazardous emissions fromspecific sources. In contrast, thepollutants which could be emitted fromhazardous waste incinerators are farmore numerous and diverse. Many areacutely toxic or carcinogenic. A case-by-case, chemical by chemical, regulatory

approach under the Clean Air Act is notpractical in this situation.

RCRA provides authority to controlemissions broadly through destructionand combustion performance standardsand direct operating and designstandards. Such a regulatory approachis necessary in order to adequatelyprotect human health and theenvironment as required by RCRA. Tothe exent that standards can bedeveloped in the future under the CleanAir Act to deal with specific hazardousair emissions, this-may aid in the task ofregulating-hazardous waste incineration.Moreover, since hazardous wasteincinerators will often store andgenerate hazardous waste, they willalready be within the RCRA system formanifests and permitting. Thusregulating hazardous waste incinerationunder RCRA (rather than the Clean AirAct) may be the simplest way tominimize the regulatory burden onapplicants.

2. Performance Standards andEngineering Judgment

Several comments on the proposedregulations criticized as too inflexibletw6 facets of the proposed regulations:(1) universally applicable specific designand operating requirements, and (2)performance requirements that did notallow waste-specific variances.

Both of these concerns were seriouslyconsidered. As discussed in the nextparagraph, the Agency has revised theregulations so that they now relyheavily on performance standards, withfew operating requirements specified.Facility-specific and waste-specificvariances proved, however, to betechnically and procedurally complex.They required techniques andprocedures which were not proposedand which relied on much scientificknowledge not included in the 1978proposal. EPA, therefore, is proposingtoday a waste-specific and facility-specific variance and a procedure forapplying it. The Agency specificallysolicits comments and data relevant tothe proposed variance and procedure;but, until the variance is shown to befeasible and is finalized, permits will beissued under the performance standardspromulgated today.

The other general comment waseasier to address. The proposedregulations included slecific,universally applicable operatingrequirements for temperature, dwell-time, combustion efficiency, andquantity of excess air. Commenterspersuasively argued that thesestandards did not provide enoughflexibility to account for the manydifferences in wastes and incinerator

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designs, and that they were often notnecessary, even to meet theperformance standards EPA required.On more abstract grounds they alsoargued that performance standards wereinherently better than operatingstandards since they adequatelyprotected human health and theenvironment, while not stiflinginnovative approaches which might bemore economical, more efficient, ormore effective.

The Agency concluded that thesecomments had merit. Different wastesand different incinerator designs havebeen shown in EPA tests to attain therequired destruction and removalefficiencies under a variety of operatingconditions. Thus some flexibility totailor operating standards on a case-by-case basis can more effectively assureprotection of human health, while, at thesame time, avoiding needlessrequirements. The regulations nowinclude few nationally applicable designand operating standards, but relyinstead on selected performancestandards. However, as many industrycomments pointed out, it is technicallyimpractical to continuously monitor themost important of these performancerequirements (destruction and removalefficiency especially when quickresponse times may be important. Thuspure reliance on performance standardsis not feasible and specific operatingcriteria will have to be observed forproper facility operation and todemonstrate compliance with therequired DRE. These specific operatingstandards will now, however, bespecified on a case-by-case basis duringthe permit drafting process basedprimarily cn the results of trial bums (oralternative data) which demonstrate theoperating conditions necessary toachieve compliance with theperformance standards. The permitwriter will need to exercise somemeasure of scientific and engineeringjudgment in interpreting the trial bumdata and defining acceptable limits onoperating conditions and waste feedvariations. The procedural mechanismsfor making these case-by-casedeterminations (including datacompilations from trial bums arenecessarily complex, but they appearthe best alternative to uniform nationalstandards.

This approach-tailoring of regulatoryrequirements to specific wastes andfacilities, based on the trial bum (oralternative data]-is consistent with theapproach EPA has adopted for otherregulations for management ofhazardous waste. It recognizes thatcase-by-case judgments, based on site-

specific circumstances can be applied inestablishing the operating requirementsapplicable to an incinerator. In makingsuch scientific and engineeringjudgments, the permit writers will beable to apply the latest state-of-the-artinformation on incinerator technologyand the thermal destructioncharacteristics of waste to the facility-specific information obtained from trialbums and contained in permitapplications. To aid this process, EPA ispublishing a "Permit Writer's GuidanceDocument for Hazardous WasteIncineration" and an "EngineeringHandbook on Hazardous WasteIncineration." The Agency expects tomake these manuals available to thepublic in the near future. The latestdrafts of these manuals are nowavailable for inspection in the RCRAdocket room, but the Agency expects toupdate them periodically.

B. Significant Comments; and Changesto Part 264

The Agency has considered eachcomment relevant to hazardous wasteincineration. Significant ones aresummarized here; others are included inthe detailed discussions in thecompanion "Background Document."

Commenters suggested thatincineration of wastes which arehazardous solely because of ignitabilityshould not be subject to incinerationregulations. EPA agrees in principle and,as mentioned above, has exempted suchwastes from most of the substantiverequirements of Part 264, Subpart 0.However, applicants must show in apermit application that an ignitablewaste does not contain toxic organicconstituents listed in Part 261, AppendixVI1. This showing must be based on ananalysis of the waste for any organicconstituents listed in Appendix VIII,except those that can be demonstratednot to be reasonably likely to be in thewaste. This showing is necessarybecause wastes which fail theignitability characteristic described inPart 261 may also contain toxic organicconstituents. Even wastes listed solelyfor ignitability may contain suchconstituents if the Agency did not haveexhaustive composition data at the timeof listing. Since toxic organicconstituents must be destroyed in anincinerator in accordance with theperformance standard, any ignitablewaste containing such constituents issubject to all of the Subpart 0standards.

Incineration of ignitable wastes whichare exempted from most of Subpart 0will, however, still be covered by RCRApermits. This allows generators andtransporters of ignitable hazardous

wastes to ship them to the facilities. Italso ensures that they will be safelystored and otherwise handled until andthrough the facility's closure period.

Commenters challenged the wasteanalysis requirement both on thegeneral grounds that it was ambiguousand unnecessary (since manifest datashould suffice] and on the specificground that iletermination of "principalhazardous components" was ambiguousand, perhaps, ruinously expensive. Thewaste analysis requirements are now farmore detailed and linked more closelyto the determination of the "principalhazardous components"-now called"principal organic hazardousconstituents (POCHs)." Therequirements clearly require moreinformation than is shown on themanifest, as indeed they must sincefurther information is requred todetermine DRE and set operatingconditions. EPA has also improved theclarity of the regulation by specifyingthat it is the waste feed to theincinerator that must be analyzed forbum-related information (thus assuringthat affects of combination and blendingare given credit and consideration), andby specifying which detailed wasteanalyses requirements are required onlyon permit application and whichsimplified analyses must be performedon an on-going basis.

Finally, EPA has responded toconcern about determination of"principal hazardous components" byestablishing a procedure foridentification of POHCs during eachpermit writing process. The applicantmay suggest certain POHCs fordesignation, but the determination willbe made by the permit writer, using allavailable data (including trial bums) todetermine those organic hazardousconstituents most difficult to bum andpresent in significant quantities. ThisPOHC selection analysis, while costly,will not be prohibitive since, even wherenecessary, GC/MS analysis against anidentified list of constituents (thoseorganics listed in Part 261, AppendixVIII) will give adequate qualitative andquantitative results at a reasonable cost.Even this analysis can be reduced if theapplicant demonstrates that listedconstituents would not reasonably beexpected to be present in the wastefeed.

Commenters often favoredperformance standards in theory butcriticized the proposed DestructionEfficiency requirement of 99.99% forseveral reasons. Some criticized itsgeneral attainability, others argued thatmeasurement near combustion zoneswas dangerous and inherently

.__ - -n lUUr-- -=-- m .. ......... I - I

7C.73




unreliable; others pointed out thatinorganic materials such metallic aselements, could not be "destroyed" byany combustion process short of nucle,transformation.

The regulations now call for a"Destruction and Removal Efficiency(DRE)" of 99.99% rather than 99.99%Destruction Efficiency (DE]. This verysignificant change avoids the risks andunreliability of combustion zone gasmeasurement, and it gives facilitiescredit for pollutant removals made bytheir air pollution control equipment. Ialso means that measurements will bemade at the point of release to theatmosphere-the real point of concernfor protection of human health and theenvironment. Yet adequate protectionassured because air pollution controlresidues must be safely managed; in faprotection may be enhanced by thegreater reliability of measurement

EPA also now applies the DRE only 4hazardous organic constituents, thusrecognizing that inorganics are not"destroyed" by combustion. InorganicEcan, of course, be "removed" fromincinerator emissions, however theAgency has not yet analyzed data onwhat removal efficiencies represent tbistate of the art for inorganics removalcontrols. EPA is today proposing aprocedure for case-by-casedeterminations of acceptable inorganicemissions. The Agency specificallysolicits comments on that procedure axdata on attainable inorganic removalstandards.

Finally, on the most important point(attainability, EPA surveyed U.S. andinternational technical literature toobtain all available data on performan,of incinerators destroying hazardous.waste. EPA has now identified 54wastelincinerator combinations forwhich an efficiency determination hasbeen reported. This survey included allof the applicable full scale test work,performed by EPA's Office of SolidWaste in 1975 and 1976, as well as allknown and relevant test burns reporteoby industry, including a test-burh reposubmitted by the American Society ofMechanical Engineers.

In reviewing the 54 incinerator tests,all but nine achieved at least a 99.99%destruction efficiency. The remainingnine achieved efficiencies very close tc99.99%, and, upon close examination o

- the test reports, all of those nine testshad explainable and correctableproblems which prevented attaining a99.99% destruction efficiency. Since thefinal regulation is based on destructionand removal efficiency, the 99.99%performance level is more readilyattainable than that monitored in testburns: Data clearly indicate that

commercial hazardous wasteincinerators can attain a 99.99% DRE fora wide-range of organic hazardous

ar wastes, including those most difficult tobum.

Commenters objected to the proposed99% removal requirement for allhalogens, noting the difficulty ofachieving 99% removal of halogens otherthan hydrogen chloride and claimingthat other halogens were less dangerousthan hydrogen chloride. Some argued forcase-by-case determinations ofnecessary halogen removals.

EPA has retained the 99% removalrequirement for hydrogen chloride fromwastes containing significant amountsof chlorine. The comments received, and

is surveys of the technology in place,indicate that 99% removal for hydrogen

ct chloride is ittainable. EPA's Office ofSolid Waste determined hydrogenchloride removals for four of its test

to burns in 1975 and 1976. All exceeded therequired removals. Industry reportsconfirm this. The Agency, however, doesnot yet have data to support theattainability of, or need for, similarremovals for other hydrogen halides.EPA is today proposing a procedure for

a case-by-case determination ofacceptable hydrogen halide emissions,based on assessment of impacts onhuman health and the environmenL TheAgency specifically solicits commentson that procedure and on attainable

id hydrogen halide control levels.Commenters criticized the proposed

regulatory standard for particulateemissions. Some felt that it was toostringent, and others saw it as morepermissive than existing Clean Air Act

ce standards. Both groups criticized thecomplex formula for correcting forcarbon dioxide in the exhaust stream.

EPA has clarified the formula to makeit clear that the formula, calculations,and final standard are equivalent to theNew Stationary Source PerformanceStandard for municipal incineratorspromulgated under the Clean Air Act.

I ndustry information and EPA's ownt full-scale tests indicate that-this

standard is attainable for facilitiesregulated under this Subpart..

Commenters objected to EPA'sreliance on-a combination of continuousmonitoring of carbon monoxide

I emissions and a requirement of 99.9%f combustion efficiency as an indicator of

destruction efficiency. Determination ofthe combustion efficiency involvesmonitoring of both CO and CO2 from the-combustion process on a continuousbasis. Commenters argued that a 99.9%combustion efficiency, as defined in theproposed regulation, is not achievable.Commenters also argued thatmeasurement is a problem because

absorption of CO2 in wet scrubbersystems can produce errors in themeasurement of combustion efficiency.

The Agency has decided to drop thespecification of combustion efficiency,as a result of these and relatedcomments, and because the objectivesof the proposed combustion efficiencystandard can be obtained more simply.Thus, carbon dioxide no longer needs tobe monitored. The final standard statesthat the carbon monoxide in the exhauststack will be monitored on a continuousbasis, but the maximum concentrationlimit in the emissions will be specifiedas an operating condition on a case-by-case basis in each permit. The permitlimit will be determined based on a trialbum test or on other data submitted inlieu of a trial burn.

Carbon Monoxide monitoring isimportant because it provides acontinuous indicator of thecompleteness of combustion which hastaken place in an incinerator. When COmonitoring is combined with continuousmonitoring of temperature, waste feedrate, and air feed rate, it is possible todetermine on a continuous basiswhether the incinerator is operatingwithin limits definedin the trial burn asnecessary to achieve 99.99% DRE.

As discussed above, commenterscritized reliance on uniform operatingrequirements. The Agency agrees andthese requirements will now be set on acase-by-case basis. The final regulationsspecify several incinerator operatingparameters which are to become part ofthe permit issued by the Agency. Theseare combustion temperature, waste feedrate, air feed rate, and CO level in theexhaust gas. Also specified will beallowable variations in wastecomposition of the incinerator feed, andallowable changes in incinerator designand operating procedures. Standardsregarding changes in design, operation,and feed composition are now specified.

The first reason for this is the shiftfrom uniform requirements to those seton a case-by-case basis. It is nownecessary to ensure that incineratorpractices do not change tfromi thosespecified in permit applications) in waysthat could make the specified conditionsinadequate. A related reason is thatDRE is now not monitored directly orcontinuously and the proposedcombustion efficiency requirement hasbeen dropped. Modifications toincinerators after trial bums could affectDRE without detection. Permit writers,therefore, will specify acceptablechanges in incineration design,configuration, operating methods, andwaste feed character.

Commenters criticized the proposedstandard for control of fugitive

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emissions of unburned hazardous wasteand combustion products. Most statedthat the level of control required wasvague, or that EPA should state it as thelevel of best practical technology.Others argued that limited fugitiveemissions are inevitable in some typesof incinerators, particularly rotary kilns.

The Agency has now made thestandard more precise. It now specifiestwo control techniques in currentusage-s aling the combustion zone,and operating so that pressures in thecombustion zone are less than inambient air. Data indicate that the firsttechnique can be used in all incineratorsexcept rotary kilns, while "negativepressure" is the norm for all incineratorsexcept fluidized bed incinerators. In anycase, each facility may rely on either orboth practices, or on any new methoddemonstrated to meet a performancestandard equivalent to that achieved by"negative pressure" systems.

Commenters criticized the proposalfor requiring that incinerators be shut-down and that waste feed be cut offwhenever permit deviations occurred.Some argued that automatic shut-downswould in fact be harmful since rapidcooling would damage refractory liners.

The Agency has modified theregulation to make clear that, whilehazardous waste feed must be.cut-off, atotal facility shutdown is not required.Human hEalth and the environment willbe protected if waste feed ceases. Non-hazardous auxiliary fuel feed maycontinue. Having ceased waste feed, thefacility is free to correct deviationsthuoogh whatever control modificationsthe situation requires.

Comunmenters critized the proposedmonitoring and facility inspectionrequirements. They questioned thee::pense and reliability of the requiredgaseous monitoring equipment, thefiequency of inspections, and thespecification of monitoring points. Inthese finag rules, the Agency hasspecified a minimum schedule formonitoring and inspecting the operationof incinerators. Combustion and COmonitoring equipment must bemonitored continuously, and operatingcorrections made to ensure that criticalconditions are not allowed to varyoutside permit limits. In addition, theregulation requires that equipment beinspucled in accordance with both theminimum frequencies specified in theSubpart 0 standard and in the facilityinspection schedule.

The permit writer may requiremeasurements and calculations (sinmilarto those used in a trial burn] to verifycompliance with the DRE. The Agencyexpects that generally this will not be

required more frequently than annually,and in most cases even less frequently.

C. Significant Comments: and Changesto Part 122

Comments suggested that trial burnsshould not be subject to the incineratorperformance standard since the purposeof the trial burn is to determine thefeasibility of, and the conditionsnecessary for, compliance with thatstandard. They also argued that failuresto meet the performance standard mightbe inevitable, instructive, in good faith,and of minor environmentalconsequence. EPA agrees with much ofthis argument and, as discussed above,has created a special, simplified, permitprocess for trial bums. This procedure,codified as § 122.27(b), effectivelyexempts trial burns from Subpart 0 andsubjects them only to conditions directlyrelevant to trial burns. In substance,these parallel § § 264.341 (wasteanalysis and 264.342 (POHC selection.These are combined with requiredcompliance with approved operatingconditions set forth in an approved trialbum plan. They provide an alternativebasis for protection of human health andthe environment, adequate for thelimited mass and duration of trial burnemissions.

Trial bums are essential to theapplication of this regulation. Theevaluation of trial burn data, and thesetting of permit conditions which resultfrom those data, represent the majorfocus of scientific and engineeringjudgment by the permitting official. It isin that process that the permit vriter.

(1) applies scientific and engineeringjudgment to identify the principalorganic hazardous constituents to whichthe performance standard applies, and

(2] establishes the operatingconditions that will be placed in thepermit.

The Agency intends that new trialburns should be minimized to the extentpossible and conduct of those burnsshould proceed quickly so that they donot become an administrative barrier tothe utilization of hazardous wasteincineration. This is a particular concernwith off-site facilities that burn a widevariety of hazardous wastes from manydifferent generators. The regulationsdeal with this concern in se-veral ways.

First, the simplified permit processdescribed in § 122.27(b) has been set up.Second, as § 122.25 and Subpart 0 makeclear, a trial burn may be waived, if thefacility owner or operator can providedata equivalent to that which would bedeveloped in a trial bum. This may bedata from previous operational bums ina similar incinerator on similar waste,bums in pilot facilities, etc. Finally, trial

burns can be minimized by prudentplanning and structuring of trial burnsby the facility owner or operator.

Although the DRE performancestandard applies to each waste feedburned, this does not mean that aseparate trial burn for each waste oreach different mixture of wastes isrequired. To the extent practicable, theAgency intends to establish a ranking ofwastes based on difficulty of thermaldestruction. If an owner or operatorestablished (through a trial burn]operating conditions for those wasteswhich are most difficult to destroy, thiscould provide the alternativedocumentation for the permitting officialto allow certain other wastes to beburned at the same conditions. To avoidoverly stringent burn conditions foreasily combusted wastes, the facilityowner might want to carry out, atdifferent operating conditions, trialburns on two or more basic group ofwastes, or waste mixtures, so thatpermit conditions could be establishedfor each.

As an aid to this approach, EPA isworking to construct a hierarchy ofwaste incinerability. Currently, data areavailable to develop comparative andpredictive assessments, but not to definea complete hierarchy. It is now possible,based on current knowledge, to makesome judgments of relativeincinerability of different wastes. Dataindicate that each of several predictivetheories are reasonably accurate andthat various theories generally agree inoutcome. As more -test burns arecompleted, and as more research andpilot incineration tests are conducted byEPA, a more complete incinerabilityhierarchy will be developed. As thisdata base is developing, the permitwriter will need to exercise judgment inestablishing the bounds on wastes andwaste mixtures that can be burned at agiven set of incinerator conditions. Thus,initially the trial burn burden may belarge, but it should diminishsubstantially over time.

The Agency has placed a specificrequirement in the trial burn sectionrequiring that data collected from anyapproved trial burn be submitted to theAgency. This information is to besubmitted whether or not the trial burnwas successful in demonstrationcompliance with the performancestandards. This data will allow theAgency to determine if excessiveamounts of POHC's were emitted duringthe trial burn, to add to the informationbase being developed by the Agency,and to determine the reliability ofsuccessful trial burn results that arereported to the Agency.

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D. Significant Comments; and Changes;;to Part 265

Commenters argued that banning theuse of high BTU hazardous waste as fuelto start-up incinerators was contrary to,sound practice. Some also argued thatwastes which contain only carbon,hydrogen, and oxygen should beallowed as start-up fuel. Finally theyasserted that EPA had failed torecognize degree of hazard of wastes.

The Agency has concluded that use ofclean auxiliary fuel (such as fuel oil ornatural gas) to start-up incinerators is aprudent practice. EPA realizes, however,that some wastes may be hazardous duesolely to ignitability and might well besuitable for start-up. Thus, the finalregulations for interim statusincineration exempt wastes which arehazardous due solely to ignitability fromthe substantive requirements of thisSubpart. The Agency has also modifiedthe operating requirements to requifethat hazardous waste not be fed to theincinerator during shut down.

The Agency, however, disagrees withthe comment that wastes which haveonly hydrogen, oxygen, and carbon intheir structure should be exempted fromthe pre-heating requirement. Anexample of such a waste material isbenzene, which contains only hydrogenand carbon, but which is hazardousbecause of its carcinogenic properties.

Finally, EPA has decided not toincorporate a degree of hazard approachinto these Interim Status Standardssince, even if feasible at all, it wouldrequire greater interaction betweenfacilities and the Agency than interimstatus makes practical.

VI. Regulatory Analysis

Executive Order 12044 requires EPAto prepare a regulatory analysis for allnew significant regulations. Thisanalysis includes a comprehensiveeconomic impact analysis and adiscussion of the regulatory alternativesconsidered.

A. Economic Analysis

EPA plans to complete its formalanalysis of the total Part 264 RCRAprogram and make it available for publicreview and comment in mid-1981 TheAgency has, however, completed a fairlysubstantial preliminary analysis of thecost of the regulation published today. Acopy of the preliminary cost analysiswill shortly be available in the EPARegional libraries, the EPAHeadquarters library and the DocketRoom in the Office of Solid Waste.

While total costs and impacts of theentire Part 264 regulation cannot bedetermined yet, EPA is building a model

which allows such determinations.Inputs to this model are quantities ofwaste by waste stream and industry,unit costs of waste management, lists offeasible management methods for eachwaste stream, and capacity for existingmanagement processes. The output fromthe model is the cost of the regulation by.industry. These costs then serve as inputto determining impacts. The incineratorcosts discussed here will be used in thismodel.

The incremental costs by whichRCRA regulations will increase the costsof current practice of managinghazardous waste are now beingdetermined. These are the incrementalcosts of treating [or storing or disposing)of aste by a given method (e.g., in aincinerator) which is in compliance withthe regulations. Preliminary costs havebeen developed for incinerators. In thefollowing analysis these costs arepresented on an incremental annualizedafter tax basis. Because they areincremental, they represent theadditional cost of waste managementimposed by the Part 264 general statusregulations (over and above the costsimposed by the Part 265 interim statusstandards) on those owners or operatorsrequired to obtain a RCRA permit forincinerating hazardous waste. Becausethey are annualized, they represent thecost (in 1980 dollars) the owner oroperator would incur if he incurred thesame cost each year.

As a result-of the permitting standardsfor incinerator, [Subpart 0 of Part 264),operators of incinerators vliffl face higher

costs. The regulations require theowners or operators of incinerators toachieve a destruction and removalefficiency [DRE) of 99.99%, to performtrial burns, to monitor continuously forcarbon monoxide, to install anautomatic shut down system which willautomatically keep waste from enteringthe combustion chamber whenincinerator operating conditions do notcomply with the permit conditions, toclose the incinerator against fugitiveemissions, and to determine theprinci&1e organic hazardous constituentsof the waste.

In the cost analysis, EPA determinedthat different types of wastes will incurdifferent incremental costs. The primaryreasons for cost differences amongwaste types is that some wastes requirea higher temperature than others toassure a DRE of 99.99%, and that sometypes of wastes must be incinerated in arotary kiln, while others can beincinerated in a liquid injector. Thefollowing table shows the annualizedunit baseline (or pre-RCRA) cost forincineration, the cost increment due tothe Part 265 Subpart O and financialrequirements regulations, the incrementdue to the Pait 264 Subpart 0 andFinancial requirements regulations, andthe cost of incineration following thePart 264 regulations. These figures showthat the cost increment due to these Part264 incinerator regulations is very low,and adds less than 6% to current costseven for the most toxic materials to beburned.

Annualized Incremental Unit Cost of Compliance With Part 264 for Incinerators'

tUnit cost (dollars per ton)]

Nonhalo- Nonhalo- Halogenated HighlyCost genated Halogenated genated sords and tosto

liquids liquids solids and ctudgs rmaterialssludges

Baseline- : - £53.57 $259.29 $357.14 $556.79 $556.79Part 265 without financial requirements- - .97 1.94 - .97 .97 .97Part 265 financial requirements.............. 1.86 7.04 12.34 12.34 12.34Part264 .jtihout financial requrentAs ........ Z.62 723 3.62 11.62 45.48Part 264 financial requirements-........... .22 .87 1.52 1,52 1.52

Total .. ..... . -- --.---- 60.24 276.37 .375.59 583.24 617.10

'These costs are based on waste streams being incinerated as follows:* Nonhalogenated liquids are incinerated in a lqNud Injection incinerator %-ilhout pollution control devices and ,ith a des-gn

capacity of 20.000 LIT per year.o Halogenated lquids are incinerated in a liquid injsction incinerator %ith pollution control deices and with a design capac-

ity of 10,000 MT per year.* Nonhalogenated solids and sludges. halogenated solids and sludges, and highly to~dc materials are incinerated in a rotary

kiln incinerator 'ith pollution control devices and with a design capacity of 20,000 MT per year.

The cost for Part 265 without financialrequirements includes costs formonitoring, recordkeeping and reporting,administration, training and contingency

plans, and equipment. It excludes thecost of waste analysis, which isdependent on the annual quantity ofparticular waste streams incinerated.

7676




The cost for Part 265 financialrequirements includes the cost ofclosure as well as providing a trust fundfor closura. To the extent that owners oroperators are able to use letters of creditor surety bonds to comply with thefinancial requirements, these costs willbe significantly lower. The cost for Part264 without financial requirementsreflects costs for achieving the requisiteDRE, performing trial burns, monitoringfor CO, installing and operating anautomatic waste feed cut-off system,determining the principal hazardousorganic components of the waste, andperiodically inspecting and analyzingburns to insure compliance with permitcondition,3. The cost for Part 264financial requirements reflects the factthat the analysis assumes that owner oroperators will build trust funds over 10years for Part 264 and 15 years for Part265.

The annualized incremental unit costsfor Part 264 were derived from estimatesof capital and operating andmaintenance costs (0 & M costs]. Thefollowing table shows the capital ando & M costs, and serves as the basis forthese Part 264 estimates.

Total Incremental Capital and Operatingand Maintenance Cost of ComplianceWith Part 264 for Incinerators

[Cost in thousar~ds of "lars]

Lb4 ,;d Rotary kin

bon-

1m natel otid tom¢

and solids and mated-haogs- and sludges a~s

hqu ds

cZ ..... 222.2 222. 222 2 352.2o & 1A.... 84.0 840 305.0 1.246.0

The cost analysis indicates that anowner or operator will incur capitalcosts for the following requirements: a)conducting tial bums; b) attaining therequired destruction and removalefficiency; c) monitoring COcontinuously; d) installing an automaticwaste feed shut-off system; and e)determining the principal organichazardous constituents of the wastefeed. In addition, the owner or operatorwill incur annual operating andmainternnce costs for (a) through (e),plus annual costs for periodicinspections and analyses of bums.

B. Regulalory Alternatives

EPA plans to prepare and makeavailable for public comment in mid-1981 a full Regulatory Analysis for theentire RCRA program. This will includeboth the economic impact analysis and

a summary of the regulatory approachesconsidered.

The Regulatory Flexibility Act (PL-96-354) requires all Federal agencies toconsider the effects of their regulationson "small entities", i.e. small businesses,small organizations, and smallgovernmental jurisdictions. It requiresagencies to propose for public comment"Regulatory Flexibility Analysis" forany regulations proposed after January1, 1981, and which will cause asignificant impact on a substantialnumber of small entities. Since theAgency proposed this regulation beforeJanuary 1, 1981, it is not legally requiredto comply with the RegulatoryFlexibility Act.

However, the Agency is concernedabout small entity impacts and hasalready considered them. EPA believesthat a significant portion of the impactof the hazardous waste regulations onsmall businesses is caused by theregulations previously promulgatedunder § 3001 of RCRA. These rulesdefine hazardous waste and thusdetermine who must comply with theregulation. For primarily administrativereasons, the Agency included a specialexemption in the regulationspromulgated on May 19, 1980 for smallquantity generators (§ 261.5). Thisprovision exempts from full regulationgenerators that produce less than 1000kilograms of hazardous waste percalendar month (except that there arelower exemptions for certain acutelyhazardous wastes). This exemptionapplies to firms that are small quantitygenerators which also incinerate theirwaste on-site. Such incinerators wouldnot be subject to the Subpart 0regulations for incinerators. Thus, EPAbelieves it has directly addressed theobjectives of this Act.

VII. OMB Review

Under the Federal Reports Act of1942, as amended by the PaperworkReduction Act of 1980, OMB reviewsreporting requirements in proposedforms and regulations in order tominimize the reporting burden onrespondents and the cost to government.Although EPA has initiated discussionswith the staff of OMB, time hasprevented the completion andsubmission to OMB of the reportingrequirements, and supporting materials,contained in these regulations. Theseregulations, pursuant to Section 3010(b)of the Act, do not take effect until sixmonths after their promulgation. EPAanticipates that OMB review will becompleted well before the reportingrequirements take effect.

VIII. Supporting Documents

A. Background Documents

Included in the record supportingthese regulations are two backgrounddocuments providing response to publiccomments and rational& for how andwhy the regulations have come to bewritten the way they are. In conjunctionwith the references listed in them, thesedocuments provide the basis for anddefense of the promulgated regulations.

The background documents include:(1) summaries and responses tocomments on the May 19 interim final,interim status, regulations; (2)summaries and responses to commentson the propriety of certain May 19regulations as interim statusrequirements; (3) summaries andresponses to comments on the proposed(December 1978) general standards; and(4) rationale for the general standardspromulgated today.

Copies of these documents areavailable for review in the EPA regionaloffice libraries and at the EPAheadquarters library, Room 2404,Waterside Mall, 401 M Street, S.W.,Washington, D.C. 20460.

B. Guidance Documents

To assist owners and operators offacilities as well as regulatory officialsto implement these regulations, EPA hasprepared guidance manuals. These willnot have the effect of regulations, butwill provide guidarice on how to applythe regulations and will include certainoperation information on incineration.

EPA has prepared the followingmanuals in support of the hazardouswaste incinerator regulations:Engineering Handbook on HazardousWaste Incineration; Permit WritersGuidance Document on HazardousWaste Incineration.

For a more complete list of manualsthat EPA is preparing in support of theentire hazardous waste regulatoryprogram see the preamble discussion inthe January 12, 1981 regulation.(Secs. 1006, 2002(a), 3004, 3005, and 3007 ofthe Solid Waste Disposal Act, as amended bythe Resource Conservation and Recovery Actof 1976, as amended, 42 U.S.C. § § 6905,6912(a), 6924, 6925 and 6927)

Dated: January 13, 1981.Douglas M. Costle,Administrator.

For the reasons set out in thePreamble, 40 CFR Parts 264, 265, and 122are amended as set forth below. Part264, Subpart 0, and § § 122.25(b)(5) and122.27(b) are published in the FederalRegister as interim final rules, and Part*265, Subpart 0, is published in the

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7678 Federal Register/ VoL 46, No. 15 1 Friday, January 23, 1981 1 Rules and Regulations

Federal Register as a final rule fseepreamble for discussion).

PART 264-STANDARDS FOROWNERS AND OPERATORS OFHAZARDOUS WASTE TREATMENT,STORAGE, AND DISPOSALFACILITIES

1. In § 264.10, paragraph (b) is revisedto read as follows:

§ 264.10 Applicability.

(b) Section 264.16(b) is applicable onlyto facilities subject to regulation -underPart 264, Subparts l, J, K, L, and 0.

2. In § 264.13, paragraph {b)(6) isrevised to read as follows:

§ 264.13 General waste analysis.

(b)***

(6) Where applicable, the methodswhich will be used to meet theadditional waste analysis requirementsfor specific waste management methodsas specified in §§ 264.17 and 264.341.

3. In § 264.15, paragraph b)(4) isrevised to read as follows:

§ 264.15 General Inspection requirements.

(4) The frequency of inspection mayvary for the items on the schedule.However, it should be based on the rateof possible deterioration of theequipment and the probability of anenvironmental or human health incidentif the deterioration or malfunction ofany operator error goes undetectedbetween inspections. Areas subject tospills, such as loading and unloadingareas, must be inspected daily -when inuse. At a minimum, the inspectionschedule must include the terms andfrequencies called for in §§ 264.174,264.194, 264.226, 264.254, and 264.347,where applicable.

4. In § 264.73, paragraph (bN isamended by revising paragraph [b)(3),adding new paragraph (b)(6), andredesignating paragraph (b)(6) and (b)(7)as (b)(7) and (b)(8) respectively revisedto read as follows:

§ 264.73 Operating Record.

(***

(3) Records and results of wasteanalyses performed as specified in§ § 264.13,264.17, and 264.841;

(6) Monitoring, testing, or analyticaldata where.required by § 264.347

(7) For off-site facilities, notices togenerators as specified in § 264.12(b);and

(8) All closure cost estimates under§ 264.142, and, for disposal facilities, allpost-closure cost estimates under§ 264.144.

5. In § 264.112, paragraph 1a) andparagraph (a)(1) are revised to read asfollows:

§ 264.112 Closure plan; amendment ofplan.

(a) The owner or operator of a.hazardous waste management facilitymust have a written closure plan. Theplan must be submitted with the permitapplication, in accordance with§ 122.25(a)(13) of this Chapter, andapproved by the Regional Administratoras part of the permit issuanceproceeding under Part 124 of thisChapter. In accordance with § 122.29 ofthis Chapter the approved closure planwill become a condition of any RCRApermit. The Regional Administratorsdecision must assure that that approvedclosure plan is consistent with§ § 264.111, 264.113, 264.114, 264.115 andthe applicable requirements of§ § 264.178, 264.197, 264.228, 264.258, and264.351. A copy of the approved planand all revisions to the plan must bekept at the facility until closure iscompleted and certified in accordancewith § 264.115. The plan must identifysteps necessary to completely orpartially close the facility at any pointduring its intended operating life and tocompletely close the facility at the endof its intended operating life. Theclosure plan must include, at least

(1) A description of how and when thefacility will be partially closed, ifapplicable, and finally closed. Thedescription must identify the maximumextent of the operation which will beunclosed during the life of the facility,and how the requirements of § § 264.111,264.113, 264.114, 264.115, and theapplicable closure requirements of§ § 264.178,264.197,264.228,264.258, and264.351 will be met

6. In § 264.142, paragraph (a) isrevised to read as follows:

§ 264.142 Cost estimate for facilityclosure.

(a) The owner or operator must have awritten estimate of the cost of closingthe facility in accordance with therequirements in § § 264.111-264.115 andapplicable closure requirements in§ § 264.178,264.197 264.228, 264.258, and264.351. The owner or operator mustkeep this estimate, and all subsequentestimates required in this Section, at the

facility. The estimate must equal thecost of closure at the point in thefacility's operating life when the extentand manner of its operation would makeclosure the most expensive, as indicatedby its closure plan [see § 264.112(a)].

[Comment For example, the closurecost estimate for a particular landfillmay be for the cost of closure when itsactive disposal operations extend over20 acres, if at all other times theseoperations extend over less than 20acres. The estimate would not includecosts of partial closures that the closureplan schedules before or after the timeof maximum closure cost.]

7. In 40 CFR Part 264, Subpart 0 isadded to read as follows:

Subpart 0-Incinerators

Sec.264.340 Applicability.264.341 Waste analysis.264.342 Principal organichazardous

constituents {POHCs).264.343 Performance standards.264.344 New wastes: Trial burns or permit

modifications.264345 Operating requirements.264.346 [Reserved]264.347 Monitoring and inspections.264.348-264.350 [Reserved]264.351 Closure.264.352-264.999 [Reserved]

Subpart O-ncinerators

§ 264.340 Applicability.(a] The regulations in this Subpart

apply to owners and operators offacilities that incinerate hazardouswaste, except as § 264.1 providesotherwise.

(b).If the Regional Administratorfinds, after an examination of the wasteanalysis included with Part B of theapplicants permit application, that thewaste to be burned-

(1) Is either (i) listed as a hazardouswaste in Part 261, Subpart D, of thisChapter only because it is ignitable(Hazard Code 1) or, (ii) that the wastehas been tested against thecharacteristics of hazardous wasteunder Part 261, Subpart C, of thisChapter and that it meets only theignitability characteristic, and

12)That the waste analysis includedwith Part B of the permit applicationincludes none of the hazardousconstituents listed in Part 261, AppendixVIII;then the Regional Administrator may, inestablishing the permit conditions,exempt the applicant from allrequirements of this Subpart except§ 264.341 [Waste Analysis) and§ 264.351 (Closure).




(c) The owneror operator of anincinerator may conduct trial bums,subject only to the requirements of§ 122.27(b) of this Chapter (Trial BumPermits).

§ 264.341 Waste analysis.(a] As a portion of a trial bum plan

required by § 122.27(b) of this Chapter,or with Part B of his permit application,the owner or operator must haveincluded an analysis of his waste feedsufficient to provide all informationrequired by § 122.27(b)(2) or§ 122.25(b)(5) of this Chapter.

(b) Throughout normal operation theowner or operator must conductsufficient waste analysis to verify thatwaste feed to the incinerator is withinthe physical and chemical compositionlimits specified in his permit (under§ 264.345(b)).

§ 264.342 Principal organic hazardousconstituents (POHCs).

(a) Principal Organic HazardousConstituents (POHCs) in the waste feedmust be treated to the extent requiredby the performance standard of§ 264.343.

(b)(1] One or more POHCs will bespecified in the facility's permit, fromamong those constituents listed in Part261, Appendix VIII of this Chapter, foreach waste feed to be burned. Thisspecification will be based on thedegree of difficulty of incineration of theorganic constituents in the waste and ontheir concentration or mass in the wastefeed, considering the results of wasteanalysE's and trial bums or alternativedata submitted with Part B of thefacility's permit application. Organicconstituents which represent thegreatest degree of difficulty ofincineration will be those most likely tobe designated as POHCs. Constituentsare more likely to be designated asPOHCs if they are present in largequantites or concentrations in thewaste.

(2J Trial POHCs will be designated forperformance of trial burns in accordancewith the procedure specified in§ 122.27(b) of this Chapter for obtainingtrial bum permits.

§ 264.343 Performance standards.An incinerator burning hazardous

waste must be designed, constructed,and maintained o that, when operatedin accordance with operatingrequirements specified under § 264.345,it will meet the following performancestandards:

(a) An incinerator burning hazardouswaste must achieve a destruction andremoval efficiency (DRE) of 99.99% foreach principal organic hazardous

constituent (POHC) designated (under§ 264.342) in its permit for each wastefeed. DRE is determined for each POHCfrom the following equation:

DRE = (Win - Wout) x 100%--- n

Where:Wi,=Mass feed rate of one principal

organic hazardous constituent (POHC inthe waste stream feeding the incinerator,and

W.,t=Mass emission rate of the samePOHC present in exhaust emissions priorto release to the atmosphere.

(b) An incinerator burning hazardouswaste containing more than 0.5%chlorine must remove 99% of thehydrogen chloride from the exhaust gas.

(c) An incinerator burning hazardouswaste must not emit particulate matterexceeding 180 milligrams per drystandard cubic meter (0.08 grains perdry standard cubic foot) when correctedfor 12% CO, using the procedurespresented in the Clean Air Actregulations, "Standards of Performancefor Incinerators", 40 CFR 60.50,Subpart E.

(d) For purposes of permitenforcement, compliance with theoperatingrequirements specified in thepermit (under § 264.345) will be regardedas compliance with this Section.However, evidence that compliancewith those permit conditions isinsufficient to ensure compliance withthe performance requirements of thisSection may be "information" justifyingmodification, revocation, or reissuanceof a permit under § 122.15 of thisChapter.

§ 264.344 New wastes: trial bums orpermit modifications.

(a) The owner or operator of ahazardous waste incinerator may bumonly wastes specified in his permit andonly under operating conditionsspecified for those wastes under§ 264.345, except-

(1) In approved trial bums under§ 122.27(b) of this Chapter; or

(2) Under exemptions created by284.240.

(b) Other hazardous wastes may beburned only after operating conditionshave been specified in a new permit or apermit modification as applicable.Operating requirements for new wastesmay be be based on either trial burnresults or alternative data included with

Part B of a permit application under§ 122.25(b](5) of this Chapter.

§ 264.345 Operating requirements.(a] An incinerator must be operated in

accordance with operating requirementsspecified in the permit. These will bespecified on a case-by-case basis asthose demonstrated (in a trial bum or inalternative data as specified in§ 264.344(b) and included with Part B ofa facility's permit application) to besufficient to comply with theperformance standards of § 264.343.

(b) Each set of operating requirementswill specify the composition of thewaste feed (including acceptablevariations in the physical or chemicalproperties of the waste feed which willnot affect compliance with theperformance requirement of § 264.343) towhich the operating requirements apply.For each such waste feed, the permitwill specify acceptable operating limitsincluding the following conditions:

(1) Carbon monoxide (CO) level in thestack exhaust gas;

(2) Waste feed rate;(3] Combustion temperature;(4) Air feed rate to the combustion

system;(5) Allowable variations in incinerator

system design or operating procedures;and

(6) Such other operating requirementsas are necessary to ensure that theperformance standards of § 264.343 aremet.

(c) During start-up and shut-down ofan incinerator, hazardous waste (exceptignitable waste exempted in accordancewith § 264.340] must not be fed into theincinerator unless the incinerator isoperating within the conditions ofoperation (temperature, air feed rate,etc.) specified in the permit.

(d) Fugitive emissions from thecombustion zone must be controlled by:

(1) Keeping the combustion zonetotally sealed against fugitive emissions;or

(2) Maintaining a combustion zonepressure lower than atmosphericpressure; or

(3) An alternate means of controldemonstrated (with Part B of the permitapplication) to provide fugitiveemissions control equivalent tomaintenance of combustion zonepressure lower than atmosphericpressure.

(e) An incinerator must be operatedwith a functioning system toautomatically cut off waste feed to theincinerator when operating conditionsdeviate from limits established underparagraph (a) of this Section.(f) An incinerator must cease

operation when changes in waste feed,

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7680 Federal Register / Vol. 46, No.- 15 / Friday, January 23, 1981 / Rules and Regulations

incinerator design, or operatingconditions exceed limits designated inits permit.

§'264.346 [Resprved]

§ 264.347 Monitoring and inspections.(a) The owner or operator must I

conduct, as a minimum, the followingmonitoring while incinerating hazardouswaste:

(1) Combustion temperature, wastefeed rate, and, air feed rate must bemonitored on a continuous basis.

(2) CO must be-monitored on acontinuous basis at a point in theincinerator downstream of thecombustion zone and prior to release tothe atmosphere.

(3] Upon request-by the RegionalAdministrator, sampling and analysis ofthe waste and exhaust emissions mustbe conducted to verify that the operatingrequirements established in the permitachieve the performance standards of§ 264.343.

(b) The incinerator and associatedequipment (pumps, valves, conveyors,pipes, etc.) must be completelyinspected at least daily for leaks, spills,and fugitive emissions. All emergencywaste feed cut-off controls and systemalarms must be checked daily to verifyproper operation.

(c) This monitoring and inspectiondata must be recorded and the recordsmust be placed in the operating logrequired by § 264.73.

§§ 264.348-264.350 [Reserved]

§ 264.351 Closure.At closure the owner or operator must

remove all hazardous waste andhazardous waste residues (including,but not limited to, ash, scrubber waters,and scrubber sludges] from theincinerator site.

[Comment: At closure, as throughoutthe operating period, unless the owneror operator can demonstrate, inaccordance with § 261.3(d) of thisChapter, that the residue removed fromthe incinerator is not a hazardous waste,the owner or operator becomes agenerator of hazardous waste and mustmanage it in accordance with applicablerequirements of Parts 262-266 of thisChapter.]

§§ 264.352-264.999 [Reserved]

PART 265-INTERIM STATUSSTANDARDS FOR OWNERS ANDOPERATORS OF HAZARDOUS WASTETREATMENT, STORAGE, ANDDISPOSAL FACILITIES

1. In § 265.73, paragraph (b)(3) isrevised to read as follows:f

§ 265.73 Operating record.

(3) Records and results of wasteanalysis and trial tests performed asspecified in § § 265.13; 265.193, 265.225,265.252, 265.273, 265.341, 265.375, and265.402;

2. 40 CFR Part 265, Subpart 0, isrevised to read as follows:,Subpart 0-incneratorsSec.265.340 Applicability.265.341 Waste analysis.265.342-265.344 [Reserved]265.345 General operating requirements.265.346 [Reserved] •265.347 Monitoring and inspection.265.348-265.350 [Reserved]265.351 Closure.265.352-265.369 [Reserved]

§ 265.340 Applicability.(a] The regulations in this Subpart

apply to owners or operators of facilitiesthat treat hazardous waste inincinerators, except as § 265.1 andparagraph (b) of this Section provideotherwise.

(b) Incineration of wastes which:(1) Meet only the ignitability

characteristic under Part 261, Subpart C,of this Chapter, or

(2] Are listed in Part 261, Subpart D, ofthis Chapter for ignitability only(Hazard Code I),are exempted from the requirements ofthis Subpart, except § 265.351, if theowner or operator can document thatthe waste feed would not reasonably beexpected to contain constituents listedin Part 261, Appendix VIII of this.Chapter. Such documentation must be iMwriting and must be kept at the facility.

§ 265.341 Waste analysis.

In addition to the waste analysesrequired by § 265.13, the owner oroperator must sufficiently analyze anywaste which he has not previouslyburned In his incinerator to enable him

' to establish steady state (normal)operating conditions (including wasteand. auxiliary fuel feed and air flow) andto determine the type of pollutantswhich might be emitted. At a minimum,the analysis must determine:

(a) Heating value of the waste;(b) Haldgen content and sulfur content

in the waste; and(c) Concentrations in the waste of

lead and mercury, unless the owner oroperator has written, documented datathat show that the element is notpresent.

[Comment: As required by § 265.73,the owner or operator must place theresults from each waste analysis, or the

documented information, in theoperating record of the facility.]

§§ 265.342-265.344 [Reserved]

§ 265.345 General operating requirements.During start-up and shut-down of an

incinerator, the owner or operator mustnot feed hazardous waste unless theincinerator is at steady state (normalconditions of operation, -including steadystate operating temperature -and airflow.

§ 265.346 [Reserved]

§ 265.347 Monitoring and inspections.The owner or operator must conduct

as a minimum, the following monitoringand inspections when incineratinghazardous waste:

(al Existing instruments which relateto combustion and emission controlmust be monitored at least every 15minutes. Appropriate corrections tomaintain steady state combustionconditions must be made immediatelyeither automatically or by the operator.Instruments which relate to combustionand emission control would normallyinclude those measuring waste feed,

'auxiliary fuel feed, air flow, incineratortemperature, scrubber flow, scrubberpH, and relevant level controls.

(b) The stack'plume (emissiqns) mustbe observed visually at least hourly for'normal appearance (color and opacity).The operator must immediately makeany indicated corrections necessary toreturn visible emissions to their normalappearance.

(c) The complete incinerator andassociated equipment (pumps, valves,conveyors, pipes, etc.) must be inspected 0

at least daily for leaks, spills, andfugitive emissions, and all emergencyshutdown controls and system alarmsmust be checked to assure properoperation.

§§ 265.348-265.350 [Reserved]

§ 265.351 Closure.At closure, the owner or operator

must remove all hazardous waste andhazardous waste residues (including butnot limited to ash, scrubber waters, andscrubber sludges) from the incinerator.

[Comment. At closure, as throughoutthe operating period, unless the owneror operator can demonstrate, inaccordance with § 261.3(d) of thisChapter, that the residue removed fromhis incinerator is not a hazardous waste,the owner or operator becomes agenerator of hazardous waste and mustmanage it in accordance with allapplicable requirements of Parts 262-266of this Chapter.] -




§§ 265.352-265369 [Reserved]

PART 122-EPA ADMINISTEREDPERMIT PROGRAMS: THEHAZARDOUS WASTE PERMITPROGRAM

1. In § 122.25, paragraph (b)(5) isadded to read as follows:

§ 122.5 ContentsofPartB*b * * * *

(5) For facilities that incineratehazardous waste, except as § 264.340 ofthis Chapter provides otherwise, theapplicant must fulfill the requirements ofparagraph (b)(5) (i), (ii), or (iii) of thisSectior.

(i) When seeking exemption under§ 264.340(b) (Ignitable waste only):

(A) That the waste is either (1) listedas a hazardous waste in Part 261,Subpart D of this Chapter, only becauseit is ignitable (Hazard Code 1) or, (2) thatthe waste has been tested against thecharacteristics of hazardous wasteunder Part 261, Subpart C of thisChapter, and that it meets only theigaitability characteristic, and includesnone of the hazardous constituentslisted in Part 261, Appendix VIII of thisChapter; or

(ii) Submit results of a trial burnconducted in accordance with§ 122.27(b) including all thedeterminations required by § 122.27(b);or

(iii) In lieu of a trial burn, theapplicant may submit the followinginformation:

(A) An analysis of each waste ormixture of wastes to be burnedincluding:

(1] Heat value of the waste in the formand composition in which it will beburned.

(2) Viscosity (if applicable), ordescription of physical form of thewaste.

(3) An identification of any hazardousorganic constitutents listed in Part 261,Appendix VIII, of this Chapter whichare pre3ent in the waste to be burned,except that the applicant need notanalyze for constituents listed in Part261, Appendix VIII, of this Chapterwhich would reasonably not beexpected to be found in the waste. TheConstituents excluded from analysismust be identified -and the basis for theirexclusion stated. The waste analysismust rely on analytical techniquesspecified in EPA document SW-846(referenced in 40 CFR Part 261,Appendix IM or their equivalent.

(4) An approximate quantification ofthe hazardous constituents identified inthe waste, within the precision produced

by the analytical methods specified inEPA document SW-846.

(5) A quantification of thosehazardous constituents in the wastewhich may be designated as POHC'sbased on data submitted from other trialor operational burns which demonstratecompliance with the performancestandard in § 264.343 of this Chapter.

(B) A detailed engineering descriptionof the incinerator, including:

(1) Manufacturer's name and modelnumber of incinerator.

(2) Type of incinerator.(3) Linear dimension of incinerator

unit including cross sectional area ofcombustion chamber.

(4) Description of auxiliary fuelsystem (type/feed).

(5) Capacity of prime mover.(6) Description of automatic waste

feed cutoff system(s).(7) Stack gas monitoring and pollution

control monitoring system.(8) Nozzle and burner design.(9) Construction materials.(10) Location and description of

temperature, pressure, and flowindicating devices and control devices.

(C) A description and analysis of thewaste to be burned compared with thewaste for which data from operationalor trial burns are provided to supportthe contention that a trial burn is notneeded. The data should include thoseitems listed in § 122.25(b)(5)(iii)(A). Thisanalysis should specify the POCH'swhich the applicant has identified in thewaste for which a permit is sought, andany differences from the POCH's in thewaste for which bum data are provided.

(D) The design and operatingconditions of the incinerator unit to beused, compared with that for whichcomparative bum data are available.

(E) A description of the resultssubmitted from any previouslyconducted trial bum(s) including;

(1) Sampling and analysis techniquesused to calculate performance standardsin § 264.343 of this Chapter,

(2) Methods and results of monitoringtemperatures, waste feed rates, air feedrates, and carbon monoxide,

(3) Identification of any hazardouscombustion by-products detected,

(4) The certification and resultsrequired by § 122.27(b)(5)(i).

(F) The expected incinerator operationinformation to demonstrate compliancewith § § 264.243 and 264.345 of thischapter including:

(1) Expected carbon monoxide (CO)level in the stack exhaust gas.

(2) Waste feed rate.(3) Combustion zone temperature.(4) Air feed rate.(5) Expected stack gas volume, flow

rate, and temperature.

(6) Computed residence time for wastein the combustion zone.

(7) Expected hydrochloric acidremoval efficiency.

(8) Expected fugitive emissions andtheir control procedures.

(9) Proposed waste feed cut-off limitsbased on the identified significantoperating parameters.

(G) Such supplemental information asthe Director finds necessary to achievethe purposes of this paragraph.

(H) Waste analysis data, includingthat submitted in paragraph(b)(5)(iii)(A), sufficient to allow theDirector to specify as permit PrincipalOrganic Hazardous Constituents (permitPOHC's) those constituents for whichdestruction and removal efficiencies willbe required.

(iv) The Director shall approve apermit application without a trial burn ifhe finds that:

(A) The wastes are sufficientlysimilar; and

(B) The incinerator units aresufficiently similar, and the data fromother trial burns are adequate to specify(under § 264.345 of this Chapter)operating conditions that will ensurethat the performance standards in§ 264.343 of this Chapter will be met bythe incinerator.

2. Section 122.27 is amended byrevising the title, redesignating theexisting Section as paragraph (a) andmaking conforming redesignationswithin paragraph (a), and adding a newparagraph (b) to read as follows:

§ 122.27 Short term permits.(Applicable to State RCRA Programs,

see § 123.7)(a) Emeigencypermits.

Notwithstanding any other provision ofthis part or Part 124, in the event theDirector finds an imminent andsubstantial endangerment to humanhealth or the environment the Directormay issue a temporary emergencypermit to a facility to allow treatment,storage, or disposal of hazardous wastefor a non-permitted facility with aneffective permit. This emergency permit:

(1) May be oral or written. If oral, itshall be followed in five days by awritten emergency permit;

(2) Shall not exceed 90 days induration;

(3) Shall clearly specify the hazardouswastes to be received, and the mannerand location of their treatment, storage,or disposal;

[4] May be terminated by the Directorat any time without process if he or shedetermines that termination isappropriate to protect human health andthe environment;

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(5) Shall be accompanied by a'publicnotice published under § 124.11(b)including:

(i) Name and address of the officegranting the emergency authorization;

(ii) Name and location of thepermitted HWM facility;

(iii) A brief description of the wastesinvolved;

(iv) A brief description of the actionauthorized and reasons for authorizingit; and'

(v) Duration of the emergency permit;and

(6] Shall incorporate, to the extentpossible and not inconsistent with theemergency situation, all applicablerequirements of this Part and 40 CFRParts 264 and 266., (b) Trial burn permits. For the

purposes of determining feasibility ofcompliance with the incineratorperformance standard of § 264.343 ofthis Chapter and of determiningadequate incinerator operatingconditions under § 264.345 of thisChapter, the Director may issue a trialburn permit to a facility to allow shortterm operation of a hazardous wasteincinerator subject to paragraphs (b)(1)-(5) of this Section.

(1) The trial bum must be conductedin accordance with a trial burn planprepared by the applicant and approvedby the Director. The trial burn plan willthen become a condition of the permit.The trial burn plan will include thefollowing information:

(i) An analysis of each waste ormixture of wastes to be burned whichincludes:

(A) Heat value of the waste in theform and composition in which it will beburned.

(B) Viscosity 1ff applicable), ordescription of physical form of thewaste.

(C) An identification of any hazardousorganic constituents listed in Part 261,Appendix VIII of this Clbapter, whichare present in the waste to be burned,except that the applicant need notanalyze for constituents listed in Part261, Appendix VIII, of this Chapterwhich would reasonably not beexpected to be found in the waste. Theconstituents excluded from analysismust be identified and the basis for theirexclusion stated. The waste analysismust rely on analytical techniquesspecified in EPA document SW-846(referenced in 40 CFR Part 261,Appendix III), or their equivalent.

(D) An approximate quantification ofthe hazardous constituents identified inthe waste, within the precision producedby the analytical methods specified inEPA document SW-846.

, (E) A quantification of thosehazardous constituents'in the wastewhich may be designated as POHC'sbased on data submitted from other trialor operational bums which demonstratecompliance with the performancestandard in, § 264.343 of this Chapter.

(ii) A detailed engineering descriptionof the incinerator for which the trialbum permit is sought including:- (A) Manufacturer's name and modelnumber of incinerator (if available).

(B) Type of incinerator.(C) Linear dimensions of the

incinerator unit including'the'crosssectional area of combustion chamber.

(D) Description of the auxiliary fuelsystem (type/feed).

(E) Capacity of prime mover.(F) Description of automatic waste

feed cut-off system(s).(G) Stack gas monitoring and pollution

control equipment.(H) Nozzle and burner design.(I) Construction materials.gJ) Location and description of

temperature, pressure, and flowindicating and control devices.

(iii) A detailed description of samplingand monitoring procedures, includingsampling and monitoring locations in thesystem, the equipment to be used,sampling and monitoring frequency, andplanned analytical procedures forsample analysis.

(iv) A detailed test schedule for eachwaste for which the trial bum is plannedincluding date(s), duration, quantity ofwaste to be burned, and other factorsrelevant to the Director's decision underparagraph (b)(4) of this section.

(v] A detailed test protocol, including,for each waste identified, the ranges oftemperature, waste feed rate, air feedrate, use of auxiliary fuel, and any otherrelevant parameters that will be variedto affect the destruction and removalefficiency of the incinerator.

(vi) A description of, and plannedoperating conditions for, any emissioncontrol equipment which will be used.

(vii) Procedures for rapidly stoppingwaste feed, shutting down theincinerator, and controlling emissions inthe event of an equipment malfunction.

(viii) Such other information as theDirector reasonably finds necessary todetermine whether to approve, the trialburn'plan in light of the purposes of thisparagraph and the criteria in paragraph(b)(4) of this section.

(2) The Director, in reviewing the trialbum plan, shall evaluate the sufficiencyof the information provided-and mayrequire the applicant to supplement thisinformation, if necessary, to achieve thepurposes of this paragraph.

(3) Based on the waste analysis datain the trial bum plan, the Director will

specify as trial Principal OrganicHazardous Constituents (trial POHC's),those constituents for which destructionand removal efficiencies must becalculated during the trial burn. Thesetrial PHOC's will be specified by theDirector based on his estimate of thedifficulty of incineration of the'constituents identified in the wasteanalysis, the concentration or mass inthe. waste feed, and, for wastes listed inPart 261 of this Chapter, the hazardouswaste constituent or constituentsidentified in Appendix VII of that Partas the basis for listing.

(4) The Director shall approve a trialbum plan if he finds that:

(i) The trial bum is likely to determinewhether the incinerator performancestandard required by § 264.343 of thisChapter can be met;

(fi) The trial bum itself will notpresent an imminent hazard to humanhealth or the environment;

(ili) The trial burn will help theDirector to determine operatingrequirements to be specified under§ 264.345 of this Chapter; and

(iv) The information sought inparagraphs (b)(4)(i) and (iii) of thissection cannot reasonably be developedthrough other means.

(5)(i) During each approved trial bum(or as soon after the burn as ispracticable), the applicant must makethe following determinations:

(A) A quantitative 'analysis of the trialPOHC's in the waste feed to theincinerator.

(B) A quantitative analysis of theexhaust gas for the concentration andmass emissions of the trial POHC's,C02 , O, and hazardous combustion by-products.

(C) A quantitative analysis of thescrubber water (if any), ash residues,and other residues, for the trial POHC's.

(D) A total mass balance of the trialPOHC's in the waste.

(E) A computation of destruction andremoval efficiency (DRE), in accordancewith the DRE formula specified in§ 264.343(a) of this Chapter.

(F) If the waste feed contains morethan 0.5 percent chlorine, a computationof chlorine removal efficiency, inaccordance with § 264.343(b).

(G) A computation of particulateemissions, in accordance with§ 264.343(c) of this Chapter.

(H) An identification of sources offugitive emissions and their means ofcontrol.

(I) A measurement of average,maximum, and minimum temperatures,and air feed rates.

(J) A continous measurement of CO inthe exhaust gas.

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Federal Register / Vol. 46, No. 15 Friday, January 23, 1981 I Rules and Regulations 7683

(K) Such other information as theDirector may specify as necessary toensure that the trial burn will determinecompliance with the performancestandard in § 264.343 of this Chapter andto establish the operating conditionsrequired by § 264.245 of this Chapter asnecessary to meet that performancestandard,

(ii) The applicant shall submit to theDirector a certification that the trialburn has been carried out in accordancewith tbe approved trial burn plan, andthe results of all the determinationsrequired in paragraph (b(5)(i) of thisSection. To the extent possible, thissubmission shall be made within 30days of the completion of the trial burn,or sooner if the Director so requests.

(iii) All data collected during any trialbum must be submitted to the Directorfollowing the completion of the trialburn. The results of the trial bum mustbe included with Part B of the permitapplication, if a permit application issubmitted.

(iv) All submissions required by thisparagraph shall be certified on behalf ofthe applicant by the signature of aperson authorized to sign a permitapplication or a report under § 122.6.[FR nor. 1-2113 Filed 1-22-1 8:45 am]BILLING COGE 6560-30-M

