(1) (RESERVED)
[40 CFR
266 Subpart A]
(2) (RESERVED) [40 CFR
266 Subpart
B]
(3) Recyclable Materials Used in
a Manner Constituting Disposal [40 CFR
266 Subpart C]
(a) Applicability [40 CFR
266.20]
1. The regulations of this paragraph apply to
recyclable materials that are applied to or placed on the land:
(i) Without mixing with any other
substance(s); or
(ii) After mixing
or combination with any other substance(s). These materials will be referred to
throughout this subpart as "materials used in a manner that constitutes
disposal"
2. Products
produced for the general public's use that are used in a manner that
constitutes disposal and that contain recyclable materials are not presently
subject to regulation if the recyclable materials have undergone a chemical
reaction in the course of producing the products so as to become inseparable by
physical means and if such products meet the applicable treatment standards in
Rule
0400-12-01-.10(3)
(or applicable prohibition levels in Rule
0400-12-01-.10(2)(c),
where no treatment standards have been established) for each recyclable
material (i.e., hazardous waste) that they contain, and the recycler complies
with subpart (1)(g)2(vi) of Rule
0400-12-01-.10.
3. Anti-skid/deicing uses of slags, which are
generated from high temperature metals recovery (HTMR) processing of hazardous
waste K061, K062, and F006, in a manner constituting disposal are not covered
by the exemption in part 2 of this subparagraph and remain subject to
regulation.
4. Fertilizers that
contain recyclable materials are not subject to regulation provided that:
(i) They are zinc fertilizers excluded from
the definition of solid waste according to subpart (1)(d)1(xxi) of Rule
0400-12-01-.02; or
(ii) They meet the applicable treatment
standards in paragraph (3) of Rule
0400-12-01-.10 for each
hazardous waste that they contain.
(b) Standards Applicable to Generators and
Transporters of Materials Used in a Manner That Constitute Disposal
[40 CFR
266.21]
Generators and transporters of materials that are used in a
manner that constitutes disposal are subject to the applicable requirements of
Rule 0400-12-01-.03 (including the
notification requirement under paragraph (2) of that rule) and Rule
0400-12-01-.04.
(c) Standards Applicable to Storers of
Materials That Are to be Used in a Manner That Constitutes Disposal Who Are Not
the Ultimate Users [40 CFR
266.22]
Owners or operators of facilities that store recyclable
materials that are to be used in a manner that constitutes disposal, but who
are not the ultimate users of the materials, are regulated under all applicable
provisions of paragraphs (1) through (12) of Rule
0400-12-01-.05, paragraphs (1)
through (12) of Rule
0400-12-01-.06, and Rule
0400-12-01-.07, and shall notify
the Commissioner on forms provided by the Commissioner and completed as per the
accompanying instructions.
(d) Standards Applicable to Users of
Materials That Are Used in a Manner That Constitutes Disposal [40 CFR
266.23]
1.
Owners or operators of facilities that use recyclable materials in a manner
that constitutes disposal are regulated under all applicable provisions of
paragraphs (1) through (12) of Rule
0400-12-01-.05, paragraphs (1)
through (14) of Rule
0400-12-01-.06, Rule
0400-12-01-.07, and Rule
0400-12-01-.10 and shall notify
the Commissioner on forms provided by the Commissioner and completed as per the
accompanying instructions. (These requirements do not apply to products which
contain these recyclable materials under the provisions of part (a)2 of this
paragraph.)
2. The use of waste or
used oil or other material, which is contaminated with dioxin or any other
hazardous waste (other than a waste identified solely on the basis of
ignitability), for dust suppression or road treatment is prohibited.
(4) (RESERVED)
[40 CFR
266 Subpart D]
(5) (RESERVED) [40 CFR
266 Subpart
E]
(6) Recyclable Materials
Utilized for Precious Metal Recovery [40 CFR
266 Subpart F]
(a) Applicability and Requirements
[40 CFR
266.70]
1.
The regulations of this paragraph apply to recyclable materials that are
reclaimed to recover economically significant amounts of gold, silver,
platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of
these.
2. Persons who generate,
transport, or store recyclable materials that are regulated under this
paragraph are subject to the following requirements:
(i) Notification of the Commissioner on forms
provided by the Commissioner and completed as per the accompanying
instructions;
(iii) For precious metals exported to or
imported from other countries for recovery, paragraph (9) of Rule
0400-12-01-.03 and subparagraph
(2)(c) of Rule
0400-12-01-.05.
3. Persons who store recycled
materials that are regulated under this paragraph must keep the following
records to document that they are not accumulating these materials
speculatively (as defined in Rule
0400-12-01-.02(1)(a)
3):
(i) Records showing the volume of these
materials stored at the beginning of the calendar year;
(ii) The amount of these materials generated
or received during the calendar year; and
(iii) The amount of materials remaining at
the end of the calendar year.
4. Recyclable materials that are regulated
under this paragraph that are accumulated speculatively (as defined in subpart
(1)(a)3(viii) of Rule
0400-12-01-.02 are subject to
all applicable provisions of Rules
0400-12-01-.03 through
0400-12-01-.07.
(7) Spent Lead-Acid Batteries Being Reclaimed
[40 CFR
266 Subpart G]
(a) Applicability and Requirements
[40 CFR
266.80]
1.
Are spent lead-acid batteries exempt from hazardous waste management
requirements? If you generate, collect, transport, store, or regenerate
lead-acid batteries for reclamation purposes, you may be exempt from certain
hazardous waste management requirements. Use the following table to determine
which requirements apply to you. Alternatively, you may choose to manage your
spent lead-acid batteries under the "Universal Wast" rule in Rule
0400-12-01-.12.
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If your batteries * * *
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And if you * * *
|
Then you * * *
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And you * * *
|
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(i) Will be reclaimed through regeneration (such as
by electrolyte replacement).
|
|
are exempt from Rules
0400-12-01-.03 (except for
.03(1)(b)) through
0400-12-01-.07,
0400-12-01-.09, and
0400-12-01-.10 including the
notification requirement of Rule
0400-12-01-.03(2).
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are subject to Rules
0400-12-01-.02 and
.03(1)(b).
|
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(ii) Will be reclaimed other than through
regeneration.
|
generate, collect, and/or transport these
batteries.
|
are exempt from Rules
0400-12-01-.03 (except for
.03(1)(b)) through
0400-12-01-.07 and
0400-12-01-.09, including the
notification requirement of Rule
0400-12-01-.03(2).
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are subject to Rules
0400-12-01-.02 and .03(1)(b),
and applicable provisions under Rule
0400-12-01-.10.
|
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(iii) Will be reclaimed other than through
regeneration.
|
store these batteries but you aren't the
reclaimer.
|
are exempt from Rules
0400-12-01-.03 (except for
.03(1)(b)) through
0400-12-01-.07 and
0400-12-01-.09, including the
notification requirement of Rule
0400-12-01-.03(2).
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are subject to Rules
0400-12-01-.02, .03(1)(b), and
applicable provisions under Rule
0400-12-01-.10.
|
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(iv) Will be reclaimed other than through
regeneration.
|
store these batteries before you reclaim
them.
|
must comply with part 2 of this subparagraph and as
appropriate other regulator provisions described in part 2 of this
subparagraph.
|
are subject to Rules
0400-12-01-.02, .03(1)(b), and
applicable provisions under Rule
0400-12-01-.10.
|
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(v) Will be reclaimed other than through
regeneration.
|
don't store these batteries before you reclaim
them.
|
are exempt from Rules
0400-12-01-.03 (except for
.03(1)(b)) through
0400-12-01-.07 and
0400-12-01-.09, including the
notification requirement of Rule
0400-12-01-.03(2).
|
are subject to Rules
0400-12-01-.02, .03(1)(b), and
applicable provisions under Rule
0400-12-01-.10.
|
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(vi) Will be reclaimed through regeneration or any
other means.
|
export these batteries for reclamation in a foreign
country.
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are exempt from Rules
0400-12-01-.03 (except for
subparagraphs (1)(b) and (1)(i), and paragraph (9)),
0400-12-01-.04 through
0400-12-01-.07,
0400-12-01-.09 and
0400-12-01-.10
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are subject to Rule
0400-12-01-.02 and subparagraphs
(1)(b) and (1)(i) of Rule
0400-12-01-.03, and paragraph
(9) of Rule
0400-12-01-.03.
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(vii) Will be reclaimed through regeneration or any
other means.
|
transport these batteries in the U.S. to export
them for reclamation in a foreign country.
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are exempt from Rules
0400-12-01-.04 through
0400-12-01-.07,
0400-12-01-.09 and
0400-12-01-.10, including the
notification requirements of Rule
0400-12-01-.03(2).
|
must comply with applicable requirements in
paragraph (9) of Rule
0400-12-01-.03.
|
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(viii) Will be reclaimed other than through
regeneration.
|
import these batteries from foreign country and
store these batteries but you aren't the reclaimer.
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are exempt from Rules
0400-12-01-.03 (except for
subparagraphs (1)(b) and (1)(i), and paragraph (9)),
0400-12-01-.04 through
0400-12-01-.07, and
0400-12-01-.09.
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are subject to Rule
0400-12-01-.02 and subparagraphs
(1)(b) and (1)(i) of Rule
0400-12-01-.03, paragraph (9) of
Rule 0400-12-01-.03 and applicable
provisions under Rule
0400-12-01-.10.
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(ix) Will be reclaimed other than through
regeneration.
|
import these batteries from foreign country and
store these batteries before you reclaim them.
|
must comply with part (7)(a)2 of Rule
0400-12-01-.09 and as
appropriate other regulatory provisions described in part (7)(a)2 of Rule
0400-12-01-.09.
|
are subject to Rule
0400-12-01-.02 and subparagraphs
(1)(b) and (1)(i) of Rule
0400-12-01-.03, paragraph (9) of
Rule 0400-12-01-.03 and applicable
provisions under Rule
0400-12-01-.10.
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(x) Will be reclaimed other than through
regeneration.
|
import these batteries from foreign country and
don't store these batteries before you reclaim them.
|
are exempt from Rules
0400-12-01-.03 (except for
subparagraphs (1)(b) and (1)(i), and paragraph (9)),
0400-12-01-.04 through
0400-12-01-.07, and
0400-12-01-.09.
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are subject to Rule
0400-12-01-.02 and subparagraphs
(1)(b) and (1)(i) of Rule
0400-12-01-.03, paragraph (9) of
Rule 0400-12-01-.03 and applicable
provisions under Rule
0400-12-01-.10.
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2. If
I store spent lead-acid batteries before I reclaim them but not through
regeneration, which requirements apply? The requirements of this part apply to
you if you store spent lead-acid batteries before you reclaim them, but you
don't reclaim them through regeneration. The requirements are slightly
different depending on your Hazardous Waste permit status.
(i) For Interim Status Facilities, you must
comply with:
(I) Notification of the
Commissioner on forms provided by the Commissioner and completed as per the
accompanying instructions.
(II) All
applicable provisions in paragraph (1) of Rule
0400-12-01-.05.
(III) All applicable provisions in paragraph
(2) of Rule
0400-12-01-.05, except
subparagraph (2)(d) of Rule
0400-12-01-.05 (waste
analysis).
(IV) All applicable
provisions in paragraphs (3) and (4) of Rule
0400-12-01-.05.
(V) All applicable provisions in paragraph
(5) of Rule
0400-12-01-.05, except
subparagraphs (b) and (c) (dealing with the use of the manifest and manifest
discrepancies).
(VI) All applicable
provisions in paragraphs (6) through (12) of Rule
0400-12-01-.05.
(ii) For Permitted Facilities.
(I) Notification of the Commissioner on forms
provided by the Commissioner and completed as per the accompanying
instructions.
(II) All applicable
provisions in paragraph (1) of Rule
0400-12-01-.06.
(III) All applicable provisions in paragraph
(2) of Rule
0400-12-01-.06 but not
subparagraph (d) (waste analysis).
(IV) All applicable provisions in paragraph
(3) and (4) of Rule
0400-12-01-.06.
(V) All applicable provisions in paragraph
(5) of Rule
0400-12-01-.06 but not
subparagraph (b) or (c) (dealing with the use of the manifest and manifest
discrepancies).
(VI) All applicable
provisions in paragraphs (6) through (12) of Rule
0400-12-01-.06.
(b) Reserved.
(8) Hazardous Waste Burned in Boilers and
Industrial Furnaces [40 CFR
266 Subpart H]
(a) Applicability [40 CFR
266.100]
Owners and operators of existing facilities referenced in
this paragraph who have submitted information to the EPA as required by the
Federal regulations prior to February 14, 1992, the effective date of this
Regulation, shall not be required to resubmit that information to the
Department unless specifically required to do so by the Department.
1. The regulations of this paragraph apply to
hazardous waste burned or processed in a boiler or industrial furnace (as
defined in Rule
0400-12-01-.01(2)(a))
irrespective of the purpose of burning or processing, except as provided by
parts 2, 3, 4, 7, and 8 of this subparagraph. In this paragraph, the term "bur"
means burning for energy recovery or destruction, or processing for materials
recovery or as an ingredient. The emissions standards of subparagraphs (e),
(f), (g), and (h) of this paragraph apply to facilities operating under interim
status or under a permit as specified in subparagraphs (c) and (d) of this
paragraph.
2. Integration of the
maximum achievable control technology (MACT) standards
(i) Except as provided by subparts (ii),
(iii), and (iv) of this part, the standards of this rule do not apply to a new
hazardous waste boiler or industrial furnace unit that becomes subject to RCRA
permit requirements after October 12, 2005; or no longer apply when an owner or
operator of an existing hazardous waste boiler or industrial furnace unit
demonstrates compliance with the MACT requirements of 40 C.F.R. part
63 subpart
EEE or equivalent state analog by conducting a comprehensive performance test
and submitting to the Administrator and the Commissioner a Notification of
Compliance under 40 C.F.R.
§§
63.1207(j) and
63.1210(d) or
under equivalent state analogs documenting compliance with the requirements of
40 C.F.R. part
63 subpart EEE or an equivalent state analog. Nevertheless, even
after this demonstration of compliance with the MACT standards, RCRA permit
conditions that were based on the standards of this rule will continue to be in
effect until they are removed from the permit or the permit is terminated or
revoked unless the permit expressly provides otherwise.
(ii) The following standards continue to
apply:
(I) If the owner or operator elects to
comply with item (12)(a)1(i)(I) of Rule
0400-12-01-.07 to minimize
emissions of toxic compounds from startup, shutdown, and malfunction events,
subpart (c)5(i) of this paragraph requiring operations in accordance with the
operating requirements specified in the permit at all times that hazardous
waste is in the unit, and item (c)5(ii)(III) of this subparagraph requiring
compliance with the emission standards and operating requirements during
startup and shutdown if hazardous waste is in the combustion chamber, except
for particular hazardous wastes. These provisions apply only during startup,
shutdown, and malfunction events;
(II) The closure requirements of subpart
(c)5(xi) and part (d)12 of this paragraph;
(III) The standards for direct transfer of
subparagraph (l) of this paragraph;
(IV) The standards for regulation of residues
of subparagraph (m) of this paragraph; and
(V) The applicable requirements of paragraphs
(1) through (8), (28), and (29) of Rule
0400-12-01-.05 and paragraphs
(1) through (8), (31), and (32) of Rule
0400-12-01-.06.
(iii) If the owner or operator of a boiler or
hydrochloric acid production furnace that is an area source under
40 C.F.R. §
63.2 or equivalent state analog and the owner
or operator elects not to comply with the emission standards under
40 C.F.R. §§
63.1216,
63.1217, and
63.1218 or equivalent state
analogs for particulate matter, semivolatile and low volatile metals, and total
chlorine, the owner or operator also remains subject to:
(I) Subparagraph (f) of this
paragraph--Standards to control particulate matter;
(II) Subparagraph (g) of this
paragraph--Standards to control metals emissions, except for mercury;
and
(III) Subparagraph (h) of this
paragraph--Standards to control hydrogen chloride and chlorine gas.
(iv) The particulate matter
standard of subparagraph (f) of this paragraph remains in effect for boilers
that elect to comply with the alternative to the particulate matter standard
under 40 C.F.R. §§
63.1216(e) and
63.1217(e) or
equivalent state analogs.
3. The following hazardous wastes and
facilities are not subject to regulation under this paragraph:
(i) Used oil burned for energy recovery that
is also a hazardous waste solely because it exhibits a characteristic of
hazardous waste identified in Rule
0400-12-01-.02(3).
Such used oil is subject to regulation under Rule
0400-12-01-.11;
(ii) Gas recovered from hazardous or solid
waste landfills when such gas is burned for energy recovery;
(iii) Hazardous wastes that are exempt from
regulation under subparagraph (1)(d) of Rule
0400-12-01-.02 and items
(1)(f)1(iii)(III) and (IV) of Rule
0400-12-01-.02, and hazardous
wastes that are subject to the special requirements for very small quantity
generators under subparagraph (1)(e) of Rule
0400-12-01-.03; and
(iv) Coke ovens, if the only hazardous waste
burned is Hazardous Waste Code K087, decanter tank tar sludge from coking
operations.
4. Owners and
operators of smelting, melting, and refining furnaces (including
pyrometallurgical devices such as cupolas, sintering machines, roasters, and
foundry furnaces, but not including cement kilns, aggregate kilns, or halogen
acid furnaces burning hazardous waste) that process hazardous waste solely for
metal recovery are conditionally exempt from regulation under this paragraph,
except for subparagraphs (b) and (m) of this paragraph.
(i) To be exempt from subparagraphs (c)
through (l) of this paragraph, an owner or operator of a metal recovery furnace
or mercury recovery furnace must comply with the following requirements, except
that an owner or operator of a lead or a nickel-chromium recovery furnace, or a
metal recovery furnace that burns baghouse bags used to capture metallic dusts
emitted by steel manufacturing, must comply with the requirements of subpart
(iii) of this part, and owners or operators of lead recovery furnaces that are
subject to regulation under the Secondary Lead Smelting NESHAP must comply with
the requirements of part 8 of this subparagraph:
(I) Provide a one-time written notice to the
Commissioner indicating the following:
I. The
owner or operator claims exemption under this subpart;
II. The hazardous waste is burned solely for
metal recovery consistent with the provisions of subpart 4(ii) of this
subparagraph;
III. The hazardous
waste contains recoverable levels of metals; and
IV. The owner or operator will comply with
the sampling and analysis and recordkeeping requirements of this
subpart;
(II) Sample and
analyze the hazardous waste and other feedstocks as necessary to comply with
the requirements of this subpart by using appropriate methods; and
(III) Maintain at the facility for at least
three years records to document compliance with the provisions of this subpart
including limits on levels of toxic organic constituents and Btu value of the
waste, and levels of recoverable metals in the hazardous waste compared to
normal nonhazardous waste feedstocks.
(ii) A hazardous waste meeting either of the
following criteria is not processed solely for metal recovery:
(I) The hazardous waste has a total
concentration of organic compounds listed in Appendix VIII of Rule
0400-12-01-.02 exceeding 500 ppm
by weight, as-fired, and so is considered to be burned for destruction. The
concentration of organic compounds in a waste as-generated may be reduced to
the 500 ppm limit by bona fide treatment that removes or destroys organic
constituents. Blending for dilution to meet the 500 ppm limit is prohibited and
documentation that the waste has not been impermissibly diluted must be
retained in the records required by item (i)(III) of this part; or
(II) The hazardous waste has a heating value
of 5,000 Btu/lb or more, as-fired, and so is considered to be burned as fuel.
The heating value of a waste as-generated may be reduced to below the 5,000
Btu/lb limit by bona fide treatment that removes or destroys organic
constituents. Blending for dilution to meet the 5,000 Btu/lb limit is
prohibited and documentation that the waste has not been impermissibly diluted
must be retained in the records required by item (i)(III) of this
part.
(iii) To be exempt
from subparagraphs (c) through (l) of this paragraph, an owner or operator of a
lead or nickel-chromium or mercury recovery furnace (except for owners or
operators of lead recovery furnaces subject to regulation under the Secondary
Lead Smelting NESHAP) or a metal recovery furnace that burns baghouse bags used
to capture metallic dusts emitted by steel manufacturing, must provide a
one-time written notice to the Commissioner identifying each hazardous waste
burned and specifying whether the owner or operator claims an exemption for
each waste under this subpart or subpart (i) of this part. The owner or
operator must comply with the requirements of subpart (i) of this part for
those wastes claimed to be exempt under that subpart and must comply with the
requirements below for those wastes claimed to be exempt under this subpart.
(I) The hazardous wastes listed in Appendices
XI, XII, and XIII of this rule, and baghouse bags used to capture metallic
dusts emitted by steel manufacturing are exempt from the requirements of
subpart (i) of this part, provided that:
I. A
waste listed in Appendix XI of this rule must contain recoverable levels of
lead, a waste listed in Appendix XII of this rule must contain recoverable
levels of nickel or chromium, a waste listed in Appendix XIII of this rule must
contain recoverable levels of mercury and contain less than 500 ppm of Rule
0400-12-01-.02, Appendix VIII
organic constituents, and baghouse bags used to capture metallic dusts emitted
by steel manufacturing must contain recoverable levels of metal; and
II. The waste does not exhibit the Toxicity
Characteristic of Rule
0400-12-01-.02(3)(e)
for an organic constituent; and
III. The waste is not a hazardous waste
listed in Rule
0400-12-01-.02(4)
because it is listed for an organic constituent as identified in Appendix VII
of Rule
0400-12-01-.02; and
IV. The owner or operator certifies in the
one-time notice that hazardous waste is burned under the provisions of this
subpart and that sampling and analysis will be conducted or other information
will be obtained as necessary to ensure continued compliance with these
requirements. Sampling and analysis shall be conducted according to item
(i)(II) of this part and records to document compliance with this subpart shall
be kept for at least three years.
(II) The Commissioner may decide on a
case-by-case basis that the toxic organic constituents in a material listed in
Appendix XI, XII, or XIII of this rule that contains a total concentration of
more than 500 ppm toxic organic compounds listed in Appendix VIII of Rule
0400-12-01-.02, may pose a
hazard to human health and the environment when burned in a metal recovery
furnace exempt from the requirements of this paragraph. In that situation,
after adequate notice and opportunity for comment, the metal recovery furnace
will become subject to the requirements of this paragraph when burning that
material. In making the hazard determination, the Commissioner will consider
the following factors:
I. The concentration
and toxicity of organic constituents in the material;
II. The level of destruction of toxic organic
constituents provided by the furnace; and
III. Whether the acceptable ambient levels
established in Appendices IV or V of this rule may be exceeded for any toxic
organic compound that may be emitted based on dispersion modeling to predict
the maximum annual average off-site ground level
concentration.
5. The standards for direct transfer
operations under subparagraph (l) of this paragraph apply only to facilities
subject to the permit standards of subparagraph (c) of this paragraph or the
interim status standards of subparagraph (d) of this paragraph.
6. The management standards for residues
under subparagraph (m) of this paragraph apply to any boiler or industrial
furnace burning hazardous waste.
7.
Owners and operators of smelting, melting, and refining furnaces (including
pyrometallurgical devices such as cupolas, sintering machines, roasters, and
foundry furnaces) that process hazardous waste for recovery of economically
significant amounts of the precious metals gold, silver, platinum, palladium,
iridium, osmium, rhodium, or ruthenium, or any combination of these are
conditionally exempt from regulation under this paragraph, except for
subparagraph (m) of this paragraph. To be exempt from subparagraph (b) through
(l) of this paragraph, an owner or operator must:
(i) Provide a one-time written notice to the
Commissioner indicating the following:
(I) The
owner or operator claims exemption under this part;
(II) The hazardous waste is burned for
legitimate recovery of precious metal; and
(III) The owner or operator will comply with
the sampling and analysis and recordkeeping requirements of this part;
and
(ii) Sample and
analyze the hazardous waste as necessary to document that the waste contains
economically significant amounts of metals and that the treatment recovers
economically significant amounts of precious metal; and
(iii) Maintain at the facility for at least
three years records to document that all hazardous wastes burned are burned for
recovery of economically significant amounts of precious metal.
8. Starting June 23, 1997, owners
or operators of lead recovery furnaces that process hazardous waste for
recovery of lead and that are subject to regulation under the Secondary Lead
Smelting NESHAP, are conditionally exempt from regulation under this part,
except for subparagraph (b) of this paragraph. To be exempt, an owner or
operator must provide a one-time notice to the Commissioner identifying each
hazardous waste burned and specifying that the owner or operator claims an
exemption under this part. The notice also must state that the waste burned has
a total concentration of nonmetal compounds listed in Appendix VIII of Rule
0400-12-01-.02 of less than 500
ppm by weight, as fired and as provided in item 4(ii)(I) of this subparagraph,
or is listed in Appendix XI to this rule.
(b) Management Prior to Burning
[40 CFR
266.101]
1.
Generators
Generators of hazardous waste that is burned in a boiler or
industrial furnace are subject to Rule
0400-12-01-.03.
2. Transporters
Transporters of hazardous waste that is burned in a boiler or
industrial furnace are subject to Rule
0400-12-01-.04.
3. Storage and Treatment Facilities
(i) Owners and operators of facilities that
store or treat hazardous waste that is burned in a boiler or industrial furnace
are subject to the applicable provisions of Rules
0400-12-01-.05, .06, and .07,
except as provided by subpart (ii) of this part. These standards apply to
storage and treatment by the burner as well as to storage and treatment
facilities operated by intermediaries (processors, blenders, distributors,
etc.) between the generator and the burner.
(ii) Owners and operators of facilities that
burn, in an onsite boiler or industrial furnace exempt from regulation under
the small quantity burner provisions of subparagraph (i) of this paragraph,
hazardous waste that they generate are exempt from the regulations of Rules
0400-12-01-.05, .06, and .07
applicable to storage units for those storage units that store mixtures of
hazardous waste and the primary fuel to the boiler or industrial furnace in
tanks that feed the fuel mixture directly to the burner. Storage of hazardous
waste prior to mixing with the primary fuel is subject to regulation as
prescribed in subpart (i) of this part.
(c) Permit Standards for Burners
[40 CFR
266.102]
1.
Applicability
(i) General
Owners and operators of boilers and industrial furnaces
burning hazardous waste and not operating under interim status must comply with
the requirements of this subparagraph, Rule
0400-12-01-.07(5)(b)
8 and Rule
0400-12-01-.07(1)(j),
unless exempt under the small quantity burner exemption of subparagraph (i) of
this paragraph.
(ii)
Applicability of Rule
0400-12-01-.07 Standards Owners
and operators of boilers and industrial furnaces that burn hazardous waste are
subject to the following provisions of Rule
0400-12-01-.06, except as
provided otherwise by this paragraph:
(II) In paragraph (2) (General facility
standards), Rules
0400-12-01-.06(2)(b) through
(i);
(III) In paragraph (3) (Preparedness and
prevention), Rules
0400-12-01-.06(3)(b) through
(h);
(IV) In paragraph (4) (Contingency plan and
emergency procedures), Rules
0400-12-01-.06(4)(b) through
(g);
(V) In paragraph (5) (Manifest system,
recordkeeping, and reporting), the applicable provisions of Rules
0400-12-01-.06(5)(b) through
(h);
(VI) In paragraph (6) (Releases from Solid
Waste Management Units), Rules
0400-12-01-.06(6)(a) through
(l);
(VII) In paragraph (7) (Closure and
post-closure), Rules
0400-12-01-.06(7)(b) through
(f);
(VIII) In paragraph (8) (Financial
requirements), Rules
0400-12-01-.06(8)(b), (c), (d), and (n) through
(r), except that States and the Federal
government are exempt from the requirements of paragraph (8); and
(IX) In paragraph (31) (Air emission
standards for equipment leaks), except Rule
0400-12-01-.06(31)(a)
1.
2. Hazardous
Waste Analysis
(i) The owner or operator must
provide an analysis of the hazardous waste that quantifies the concentration of
any constituent identified in Appendix VIII of Rule
0400-12-01-.02 that may
reasonably be expected to be in the waste. Such constituents must be identified
and quantified if present, at levels detectable by using appropriate analytical
procedures. The Appendix VIII, Rule
0400-12-01-.02 constituents
excluded from this analysis must be identified and the basis for their
exclusion explained. This analysis will be used to provide all information
required by this paragraph and Rule
0400-12-01-.07(5)(b)
8 and Rule
0400-12-01-.07(1)(j)
and to enable the permit writer to prescribe such permit conditions as
necessary to protect human health and the environment. Such analysis must be
included as a portion of the Part B permit application, or, for facilities
operating under the interim status standards of this paragraph, as a portion of
the trial burn plan that may be submitted before the Part B application under
provisions of Rule
0400-12-01-.07(1)(j)
6 as well as any other analysis required by the permit authority in preparing
the permit. Owners and operators of boilers and industrial furnaces not
operating under the interim status standards must provide the information
required by Rules
0400-12-01-.07(5)(b)
8 or Rule
0400-12-01-.07(1)(j)
3 in the Part B application to the greatest extent possible.
(ii) Throughout normal operation, the owner
or operator must conduct sampling and analysis as necessary to ensure that the
hazardous waste, other fuels, and industrial furnace feedstocks fired into the
boiler or industrial furnace are within the physical and chemical composition
limits specified in the permit.
3. Emissions Standards
Owners and operators must comply with emissions standards
provided by subparagraphs (e) through (h) of this paragraph.
4. Permits
(i) The owner or operator may burn only
hazardous wastes specified in the facility permit and only under the operating
conditions specified under part 5 of this subparagraph, except in approved
trial burns under the conditions specified in Rule
0400-12-01-.07(1)(j).
(ii) Hazardous wastes not specified in the
permit may not be burned until operating conditions have been specified under a
new permit or permit modification, as applicable. Operating requirements for
new wastes may be based on either trial burn results or alternative data
included with Part B of a permit application under Rule
0400-12-01-.07(5)(b)
8.
(iii) Boilers and industrial
furnaces operating under the interim status standards of subparagraph (d) of
this paragraph are permitted under procedures provided by Rule
0400-12-01-.07(1)(j)
7.
(iv) A permit for a new boiler
or industrial furnace (those boilers and industrial furnaces not operating
under the interim status standards) must establish appropriate conditions for
each of the applicable requirements of this subparagraph, including but not
limited to allowable hazardous waste firing rates and operating conditions
necessary to meet the requirements of part 5 of this subparagraph, in order to
comply with the following standards:
(I) For
the period beginning with initial introduction of hazardous waste and ending
with initiation of the trial burn, and only for the minimum time required to
bring the device to a point of operational readiness to conduct a trial burn,
not to exceed a duration of 720 hours operating time when burning hazardous
waste, the operating requirements must be those most likely to ensure
compliance with the emission standards of subparagraphs (e) through (h) of this
paragraph, based on the Commissioner's engineering judgment. If the applicant
is seeking a waiver from a trial burn to demonstrate conformance with a
particular emission standard, the operating requirements during this initial
period of operation shall include those specified by the applicable provisions
of subparagraph (e), (f), (g), or (h) of this paragraph. The Commissioner may
extend the duration of this period for up to 720 additional hours when good
cause for the extension is demonstrated by the applicant.
(II) For the duration of the trial burn, the
operating requirements must be sufficient to demonstrate compliance with the
emissions standards of subparagraphs (e) through (h) of this paragraph and must
be in accordance with the approved trial burn plan;
(III) For the period immediately following
completion of the trial burn, and only for the minimum period sufficient to
allow sample analysis, data computation, submission of the trial burn results
by the applicant, review of the trial burn results and modification of the
facility permit by the Commissioner to reflect the trial burn results, the
operating requirements must be those most likely to ensure compliance with the
emission standards subparagraphs (e) through (h) of this paragraph based on the
Commissioner's engineering judgment.
(IV) For the remaining duration of the
permit, the operating requirements must be those demonstrated in a trial burn
or by alternative data specified in Rule
0400-12-01-.07(5)(b)
8, as sufficient to ensure compliance with the emissions standards of
subparagraphs (e) through (h) of this paragraph.
5. Operating Requirements
(i) General
A boiler or industrial furnace burning hazardous waste must
be operated in accordance with the operating requirements specified in the
permit at all times where there is hazardous waste in the unit.
(ii) Requirements to ensure
compliance with the organic emissions standards
(I) DRE Standard
Operating conditions will be specified either on a
case-by-case basis for each hazardous waste burned as those demonstrated (in a
trial burn or by alternative data as specified in Rule
0400-12-01-.07(5)(b)
8) to be sufficient to comply with the destruction and removal efficiency (DRE)
performance standard of part (e)1 of this paragraph or as those special
operating requirements provided by subpart (e)1(iv) of this paragraph for the
waiver of the DRE trial burn. When the DRE trial burn is not waived under
subpart (e)1(iv) of this paragraph, each set of operating requirements will
specify the composition of the hazardous waste (including acceptable variations
in the physical and chemical properties of the hazardous waste which will not
affect compliance with the DRE performance standard) to which the operating
requirements apply. For each such hazardous waste, the permit will specify
acceptable operating limits including, but not limited to, the following
conditions as appropriate:
I. Feed
rate of hazardous waste and other fuels measured and specified as prescribed in
subpart (vi) of this part;
II.
Minimum and maximum device production rate when producing normal product
expressed in appropriate units, measured and specified as prescribed in subpart
(vi) of this part;
III. Appropriate
controls of the hazardous waste firing system;
IV. Allowable variation in boiler and
industrial furnace system design or operating procedures;
V. Minimum combustion gas temperature
measured at a location indicative of combustion chamber temperature, measured
and specified as prescribed in subpart (vi) of this part;
VI. An appropriate indicator of combustion
gas velocity, measured and specified as prescribed in subpart (vi) of this
part, unless documentation is provided under Rule
0400-12-01-.07(1)(j)
demonstrating adequate combustion gas
residence time; and
VII. Such other
operating requirements as are necessary to ensure that the DRE performance
standard of subparagraph (e) of this paragraph is met.
(II) Carbon monoxide and hydrocarbon
standards. The permit must incorporate a carbon monoxide (CO) limit and, as
appropriate, a hydrocarbon (HC) limit as provided by parts (e)2, 3, 4, 5, and 6
of this paragraph. The permit limits will be specified as follows:
I. When complying with the CO standard of
subpart (e)2(i) of this paragraph, the permit limit is 100 ppmv;
II. When complying with the alternative CO
standard under part (e)3 of this paragraph, the permit limit for CO is based on
the trial burn and is established as the average over all valid runs of the
highest hourly rolling average CO level of each run, and the permit limit for
HC is 20 ppmv (as defined in subpart (e)3(i) of this paragraph), except as
provided in part (e)6 of this paragraph.
III. When complying with the alternative HC
limit for industrial furnaces under part (e)6 of this paragraph, the permit
limit for HC and CO is the baseline level when hazardous waste is not burned as
specified by that part.
(III) Start-up and shut-down. During start-up
and shut-down of the boiler or industrial furnace, hazardous waste (except
waste fed solely as an ingredient under the Tier I (or adjusted Tier I) feed
rate screening limits for metals and chloride/chlorine, and except low risk
waste exempt from the trial burn requirements under subpart (e)1(v) and
subparagraphs (f), (g), and (h) of this paragraph) must not be fed into the
device unless the device is operating within the conditions of operation
specified in the permit.
(iii) Requirements to Ensure Conformance with
the Particulate Standard
(I) Except as
provided in items (II) and (III) of this subpart, the permit shall specify the
following operating requirements to ensure conformance with the particulate
standard specified in subparagraph (f) of this paragraph:
I. Total ash feed rate to the device from
hazardous waste, other fuels, and industrial furnace feedstocks, measured and
specified as prescribed in subpart (vi) of this part;
II. Maximum device production rate when
producing normal product expressed in appropriate units, and measured and
specified as prescribed in subpart (vi) of this part;
III. Appropriate controls on operation and
maintenance of the hazardous waste firing system and any air pollution control
system;
IV. Allowable variation in
boiler and industrial furnace system design including any air pollution control
system or operating procedures; and
V. Such other operating requirements as are
necessary to ensure that the particulate standard in part (f)1 of this
paragraph is met.
(II)
Permit conditions to ensure conformance with the particulate matter standard
shall not be provided for facilities exempt from the particulate matter
standard under part (f)2 of this paragraph;
(III) For cement kilns and light-weight
aggregate kilns, permit conditions to ensure compliance with the particulate
standard shall not limit the ash content of hazardous waste or other feed
materials.
(iv)
Requirements to Ensure Conformance with the Metals Emissions Standard
(I) For conformance with the Tier I (or
adjusted Tier I) metals feed rate screening limits of parts (g)2 or 5 of this
paragraph, the permit shall specify the following operating requirements:
I. Total feed rate of each metal in hazardous
waste, other fuels, and industrial furnace feedstocks measured and specified
under provisions of subpart (vi) of this part;
II. Total feed rate of hazardous waste
measured and specified as prescribed in subpart (vi) of this part;
III. A sampling and metals analysis program
for the hazardous waste, other fuels, and industrial furnace
feedstocks;
(II) For
conformance with the Tier II metals emission rate screening limits under part
(g)3 of this paragraph and the Tier III metals controls under part (g)4 of this
paragraph the permit shall specify the following operating requirements:
I. Maximum emission rate for each metal
specified as the average emission rate during the trial burn;
II. Feed rate of total hazardous waste and
pumpable hazardous waste, each measured and specified as prescribed in item
(vi)(I) of this part;
III. Feed
rate of each metal in the following feedstreams, measured and specified as
prescribed in subpart (vi) of this part:
A.
Total feed streams;
B. Total
hazardous waste feed; and
C. Total
pumpable hazardous waste feed;
IV. Total feed rate of chlorine and chloride
in total feed streams measured and specified as prescribed in subpart (vi) of
this part;
V. Maximum combustion
gas temperature measured at a location indicative of combustion chamber
temperature, and measured and specified as prescribed in subpart (vi) of this
part;
VI. Maximum flue gas
temperature at the inlet to the particulate matter air pollution control system
measured and specified as prescribed in subpart (vi) of this part;
VII. Maximum device production rate when
producing normal product expressed in appropriate units and measured and
specified as prescribed in subpart (vi) of this part;
VIII. Appropriate controls on operation and
maintenance of the hazardous waste firing system and any air pollution control
system;
IX. Allowable variation in
boiler and industrial furnace system design including any air pollution control
system or operating procedures; and
X. Such other operating requirements as are
necessary to ensure that the metals standards under parts (g)3 or (g)4 of this
paragraph are met.
(III)
For conformance with an alternative implementation approach approved by the
Commissioner under part (g)6 of this paragraph, the permit will specify the
following operating requirements:
I. Maximum
emission rate for each metal specified as the average emission rate during the
trial burn;
II. Feed rate of total
hazardous waste and pumpable hazardous waste, each measured and specified as
prescribed in item (vi)(I) of this part;
III. Feed rate of each metal in the following
feedstreams, measured and specified as prescribed in subpart (vi) of this part:
A. Total hazardous waste feed; and
B. Total pumpable hazardous waste
feed;
IV. Total feed rate
of chlorine and chloride in total feed streams measured and specified
prescribed in subpart (vi) of this part;
V. Maximum combustion gas temperature
measured at a location indicative of combustion chamber temperature, and
measured and specified as prescribed in subpart (vi) of this part;
VI. Maximum flue gas temperature at the inlet
to the particulate matter air pollution control system measured and specified
as prescribed in subpart (vi) of this part;
VII. Maximum device production rate when
producing normal product expressed in appropriate units and measured and
specified as prescribed in subpart (vi) of this part;
VIII. Appropriate controls on operation and
maintenance of the hazardous waste firing system and any air pollution control
system;
IX. Allowable variation in
boiler and industrial furnace system design including any air pollution control
system or operating procedures; and
X. Such other operating requirements as are
necessary to ensure that the metals standards under parts (g)3 or (g)4 of this
subparagraph are met.
(v) Requirements to Ensure Conformance with
the Hydrogen Chloride and Chlorine Gas Standards
(I) For conformance with the Tier I total
chloride and chlorine feed rate screening limits of subpart (h)2(i) of this
paragraph, the permit will specify the following operating requirements:
I. Feed rate of total chloride and chlorine
in hazardous waste, other fuels, and industrial furnace feedstocks measured and
specified as prescribed in subpart (vi) of this part;
II. Feed rate of total hazardous waste
measured and specified as prescribed in subpart (vi) of this part;
III. A sampling and analysis program for
total chloride and chlorine for the hazardous waste, other fuels, and
industrial furnace feedstocks;
(II) For conformance with the Tier II HCl and
Cl
2 emission rate screening limits under subpart
(h)2(ii) of this paragraph and the Tier III HCl and Cl
2
controls under part (h)3 of this paragraph, the permit will specify the
following operating requirements:
I. Maximum
emission rate for HCl and for Cl2 specified as the
average emission rate during the trial burn;
II. Feed rate of total hazardous waste
measured and specified as prescribed in subpart (vi) of this part;
III. Total feed rate of chlorine and chloride
in total feed streams, measured and specified as prescribed in subpart (vi) of
this part;
IV. Maximum device
production rate when producing normal product expressed in appropriate units,
measured and specified as prescribed in subpart (vi) of this part;
V. Appropriate controls on operation and
maintenance of the hazardous waste firing system and any air pollution control
system;
VI. Allowable variation in
boiler and industrial furnace system design including any air pollution control
system or operating procedures; and
VII. Such other operating requirements as are
necessary to ensure that the HCl and Cl2 standards under
subpart (h)2(ii) or part (h)3 of this paragraph are met.
(vi) Measuring Parameters and
Establishing Limits Based on Trial Burn Data
(I) General Requirements
As specified in subpart (ii) through (v) of this part, each
operating parameter shall be measured, and permit limits on the parameter shall
be established, according to either of the following procedures:
I. Instantaneous Limits
A parameter may be measured and recorded on an instantaneous
basis (i.e., the value that occurs at any time) and the permit limit specified
as the time-weighted average during all valid runs of the trial burn; or
II. Hourly Rolling Average
A. The limit for a parameter may be
established and continuously monitored on an hourly rolling average basis
defined as follows:
(A) A continuous monitor
is one which continuously samples the regulated parameter without interruption,
and evaluates the detector response at least once each 15 seconds, and computes
and records the average value at least every 60 seconds.
(B) An hourly rolling average is the
arithmetic mean of the 60 most recent 1-minute average values recorded by the
continuous monitoring system.
B. The permit limit for the parameter shall
be established based on trial burn data as the average over all valid test runs
of the highest hourly rolling average value for each run.
(II) Rolling Average Limits for
Carcinogenic Metals and Lead Feed rate limits for the carcinogenic metals
(i.e., arsenic, beryllium, cadmium and chromium) and lead may be established
either on an hourly rolling average basis as prescribed by item (I) of this
subpart or on (up to) a 24 hour rolling average basis. If the owner or operator
elects to use an average period from 2 to 24 hours:
I. The feed rate of each metal shall be
limited at any time to ten times the feed rate that would be allowed on an
hourly rolling average basis;
II.
The continuous monitor shall meet the following specifications:
A. A continuous monitor is one which
continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each 15 seconds, and computes and
records the average value at least every 60 seconds.
B. The rolling average for the selected
averaging period is defined as the arithmetic mean of one hour block averages
for the averaging period. A one hour block average is the arithmetic mean of
the one minute averages recorded during the 60-minute period beginning at one
minute after the beginning of the preceding clock hour; and
III. The permit limit for the feed
rate of each metal shall be established based on trial burn data as the average
over all valid test runs of the highest hourly rolling average feed rate for
each run.
(III) Feed Rate
Limits for Metals, Total Chloride and Chlorine, and Ash
Feed rate limits for metals, total chlorine and chloride, and
ash are established and monitored by knowing the concentration of the substance
(i.e., metals, chloride/chlorine, and ash) in each feedstream and the flow rate
of the feedstream. To monitor the feed rate of these substances, the flow rate
of each feedstream must be monitored under the continuous monitoring
requirements of items (I) and (II) of this subpart.
(IV) Conduct of Trial Burn Testing
I. If compliance with all applicable
emissions standards of subparagraphs (e) through (h) of this paragraph is not
demonstrated simultaneously during a set of test runs, the operating conditions
of additional test runs required to demonstrate compliance with remaining
emissions standards must be as close as possible to the original operating
conditions.
II. Prior to obtaining
test data for purposes of demonstrating compliance with the emissions standards
of subparagraphs (e) through (h) of this paragraph or establishing limits on
operating parameters under this subparagraph, the facility must operate under
trial burn conditions for a sufficient period to reach steady-state operations.
The Commissioner may determine, however, that industrial furnaces that recycle
collected particulate matter back into the furnace and that comply with an
alternative implementation approach for metals under part (g)6 of this
paragraph need not reach steady state conditions with respect to the flow of
metals in the system prior to beginning compliance testing for metals
emissions.
III. Trial burn data on
the level of an operating parameter for which a limit must be established in
the permit must be obtained during emissions sampling for the pollutant(s)
(i.e., metals, PM, HCl/Cl2, organic compounds) for which
the parameter must be established as specified by this part.
(vii) General
Requirements
(I) Fugitive Emissions Fugitive
emissions must be controlled by:
I. Keeping
the combustion zone totally sealed against fugitive emissions; or
II. Maintaining the combustion zone pressure
lower than atmospheric pressure; or
III. An alternate means of control
demonstrated (with Part B of the permit application) to provide fugitive
emissions control equivalent to maintenance of combustion zone pressure lower
than atmospheric pressure.
(II) Automatic Waste Feed Cutoff
A boiler or industrial furnace must be operated with a
functioning system that automatically cuts off the hazardous waste feed when
operating conditions deviate from those established under this subparagraph.
The Commissioner may limit the number of cutoffs per an operating period on a
case-by-case basis. In addition:
I.
The permit limit for (the indicator of) minimum combustion chamber temperature
must be maintained while hazardous waste or hazardous waste residues remain in
the combustion chamber;
II. Exhaust
gases must be ducted to the air pollution control system operated in accordance
with the permit requirements while hazardous waste or hazardous waste residues
remain in the combustion chamber; and
III. Operating parameters for which permit
limits are established must continue to be monitored during the cutoff, and the
hazardous waste feed shall not be restarted until the levels of those
parameters comply with the permit limits. For parameters that may be monitored
on an instantaneous basis, the Commissioner will establish a minimum period of
time after a waste feed cutoff during which the parameter must not exceed the
permit limit before the hazardous waste feed may be restarted.
(III) Changes
A boiler or industrial furnace must cease burning hazardous
waste when changes in combustion properties, or feed rates of the hazardous
waste, other fuels, or industrial furnace feedstocks, or changes in the boiler
or industrial furnace design or operating conditions deviate from the limits as
specified in the permit.
(viii) Monitoring and Inspections
(I) The owner or operator must monitor and
record the following, at a minimum, while burning hazardous waste:
I. If specified by the permit, feed rates and
composition of hazardous waste, other fuels, and industrial furnace feedstocks,
and feed rates of ash, metals, and total chloride and chlorine;
II. If specified by the permit, carbon
monoxide (CO), hydrocarbons (HC), and oxygen on a continuous basis at a common
point in the boiler or industrial furnace downstream of the combustion zone and
prior to release of stack gases to the atmosphere in accordance with operating
requirements specified in item (ii)(II) of this part. CO, HC, and oxygen
monitors must be installed, operated, and maintained in accordance with methods
specified in Appendix IX of this rule; and
III. Upon the request of the Commissioner,
sampling and analysis of the hazardous waste (and other fuels and industrial
furnace feedstocks as appropriate), residues, and exhaust emissions must be
conducted to verify that the operating requirements established in the permit
achieve the applicable standards of subparagraphs (e), (f), (g), and (h) of
this paragraph.
(II) All
monitors shall record data in units corresponding to the permit limit unless
otherwise specified in the permit.
(III) The boiler or industrial furnace and
associated equipment (pumps, valves, pipes, fuel storage tanks, etc.) must be
subjected to thorough visual inspection when it contains hazardous waste, at
least daily for leaks, spills, fugitive emissions, and signs of
tampering.
(IV) The automatic
hazardous waste feed cutoff system and associated alarms must be tested at
least once every 7 days when hazardous waste is burned to verify operability,
unless the applicant demonstrates to the Commissioner that weekly inspections
will unduly restrict or upset operations and that less frequent inspections
will be adequate. At a minimum, operational testing must be conducted at least
once every 30 days.
(V) These
monitoring and inspection data must be recorded and the records must be placed
in the operating record required by Rules
0400-12-01-.06(5)(d).
(ix) Direct Transfer to the Burner
If hazardous waste is directly transferred from a transport
vehicle to a boiler or industrial furnace without the use of a storage unit,
the owner and operator must comply with subparagraph (l) of this
paragraph.
(x) Recordkeeping
The owner or operator must maintain in the operating record
of the facility all information and data required by this subparagraph for five
(5) years, or as required by a permit issued after the effective date of this
rulemaking, but no less than five (5) years.
(xi) Closure
At closure, the owner or operator must remove all hazardous
waste and hazardous waste residues (including, but not limited to, ash,
scrubber waters, and scrubber sludges) from the boiler or industrial
furnace.
(d) Interim Status Standards for Burners
[40 CFR
266.103]
1.
Purpose, Scope, Applicability
(i) General
(I) The purpose of this subparagraph is to
establish minimum national standards for owners and operators of "existin"
boilers and industrial furnaces that burn hazardous waste where such standards
define the acceptable management of hazardous waste during the period of
interim status. The standards of this subparagraph apply to owners and
operators of existing facilities until either a permit is issued under part
(c)4 of this paragraph or until closure responsibilities identified in this
subparagraph are fulfilled.
(II)
"Existing or in existenc" means a boiler or industrial furnace that on or
before August 21, 1991 is either in operation burning or processing hazardous
waste or for which construction (including the ancillary facilities to burn or
to process the hazardous waste) has commenced. A facility has commenced
construction if the owner or operator has obtained the Federal, State, and
local approvals or permits necessary to begin physical construction; and
either:
I. A continuous on-site, physical
construction program has begun; or
II. The owner or operator has entered into
contractual obligations-which cannot be canceled or modified without
substantial loss-for physical construction of the facility to be completed
within a reasonable time.
(III) If a boiler or industrial furnace is
located at a facility that already has a permit or interim status, then the
facility must comply with the applicable regulations dealing with permit
modifications in Rule
0400-12-01-.07(9)(c)
5 or changes in interim status in Rule
0400-12-01-.07(3)(c).
(ii) Exemptions
The requirements of this subparagraph do not apply to
hazardous waste and facilities exempt under part (a)2 or subparagraph (i) of
this paragraph.
(iii)
Prohibition on Burning Dioxin-listed Wastes
The following hazardous waste listed for dioxin and hazardous
waste derived from any of these wastes may not be burned in a boiler or
industrial furnace operating under interim status: F020, F021, F022, F023,
F026, and F027.
(iv)
Applicability of Rule
0400-12-01-.05 Standards
Owners and operators of boilers and industrial furnaces that
burn hazardous waste and are operating under interim status are subject to the
following provisions of Rule
0400-12-01-.05, except as
provided otherwise by this subparagraph:
(II) In paragraph (2) (General facility
standards), Rules
0400-12-01-.05(2)(b) through
(h);
(III) In paragraph (3) (Preparedness and
prevention), Rules
0400-12-01-.05(3)(b) through
(h);
(IV) In paragraph (4) (Contingency plan and
emergency procedures), Rules
0400-12-01-.05(4)(b) through
(g);
(V) In paragraph (5) (Manifest system,
recordkeeping, and reporting), Rules
0400-12-01-.05(5)(b) through
(h), except that Rules
0400-12-01-.05(5)(b), (c), and
(g) do not apply to owners and operators of
on-site facilities that do not receive any hazardous waste from off-site
sources;
(VI) In paragraph (7)
(Closure and post-closure), Rules
0400-12-01-.05(7)(b) through
(f);
(VII) In paragraph (8) (Financial
requirements), Rules
0400-12-01-.05(8)(b), (c), (d), (n), and
(o), except that States and the Federal
government are exempt from the requirements of paragraph (8); and
(VIII) In paragraph (28) (Air emission
standards for equipment leaks), except Rule
0400-12-01-.05(28)(a)
1.
(v) Special
Requirements for Furnaces
The following controls apply during interim status to
industrial furnaces (e.g., kilns, cupolas) that feed hazardous waste for a
purpose other than solely as an ingredient (see item 2(v)(II) of this
subparagraph) at any location other than the hot end where products are
normally discharged or where fuels are normally fired:
(I) Controls
I. The hazardous waste shall be fed at a
location where combustion gas temperatures are at least 1800 °F;
II. The owner or operator must determine that
adequate oxygen is present in combustion gases to combust organic constituents
in the waste and retain documentation of such determination in the facility
record;
III. For cement kiln
systems, the hazardous waste shall be fed into the kiln; and
IV. The hydrocarbon controls of part (e)3 or
subpart 3(v) of this subparagraph apply upon certification of compliance under
part 3 of this subparagraph irrespective of the CO level achieved during the
compliance test.
(II)
Burning Hazardous Waste Solely as an Ingredient
A hazardous waste is burned for a purpose other than solely
as an ingredient if it meets either of these criteria:
I. The hazardous waste has a total
concentration of nonmetal compounds listed in Appendix VIII of Rule
0400-12-01-.02(5)
exceeding 500 ppm by weight, as-fired, and so is considered to be burned for
destruction. The concentration of nonmetal compounds in a waste as-generated
may be reduced to the 500 ppm limit by bona fide treatment that removes or
destroys nonmetal constituents. Blending for dilution to meet the 500 ppm limit
is prohibited and documentation that the waste has not been impermissibly
diluted must be retained in the facility record; or
II. The hazardous waste has a heating value
of 5,000 Btu/lb or more, as-fired, and so is considered to be burned as fuel.
The heating value of a waste as-generated may be reduced to below the 5,000
Btu/lb limit by bona fide treatment that removes or destroys organic
constituents. Blending to augment the heating value to meet the 5,000 Btu/lb
limit is prohibited and documentation that the waste has not been impermissibly
blended must be retained in the facility record.
(vi) Restrictions on Burning Hazardous Waste
That Is not a Fuel
Prior to certification of compliance under part 3 of this
subparagraph, owners and operators shall not feed hazardous waste that has a
heating value less than 5,000 Btu/lb, as-generated, (except that the heating
value of a waste as-generated may be increased to above the 5,000 Btu/lb limit
by bona fide treatment; however, blending to augment the heating value to meet
the 5,000 Btu/lb limit is prohibited and records must be kept to document that
impermissible blending has not occurred) in a boiler or industrial furnace,
except that:
(I) Hazardous waste may
be burned solely as an ingredient; or
(II) Hazardous waste may be burned for
purposes of compliance testing (or testing prior to compliance testing) for a
total period of time not to exceed 720 hours; or
(III) Such waste may be burned if the
Commissioner has documentation to show that, prior to August 21, 1991:
I. The boiler or industrial furnace is
operating under the interim status standards for incinerators provided by
paragraph (15) of Rule
0400-12-01-.05, or the interim
status standards for thermal treatment units provided by paragraph (16) of Rule
0400-12-01-.05; and
II. The boiler or industrial furnace met the
interim status eligibility requirements under Rule
0400-12-01-.07(3)(a)
for paragraph (15) or (16) of Rule
0400-12-01-.05; and
III. Hazardous waste with a heating value
less than 5,000 Btu/lb was burned prior to that date; or
(IV) Such waste may be burned in a halogen
acid furnace if the waste was burned as an excluded ingredient under Rule
0400-12-01-.02(1)(b)
5 prior to February 21, 1991 and documentation is kept on file supporting this
claim.
(vii) Direct
Transfer to the Burner
If hazardous waste is directly transferred from a transport
vehicle to a boiler or industrial furnace without the use of a storage unit,
the owner and operator must comply with subparagraph (l) of this
paragraph.
2.
Certification of Precompliance
(i) General
The owner or operator must provide complete and accurate
information specified in subpart (ii) of this part to the Commissioner on or
before August 21, 1991, and must establish limits for the operating parameters
specified in subpart (iii) of this part. Such information is termed a
"certification of precomplianc" and constitutes a certification that the owner
or operator has determined that, when the facility is operated within the
limits specified in subpart (iii) of this part, the owner or operator believes
that, using best engineering judgment, emissions of particulate matter, metals,
and HCl and Cl2 are not likely to exceed the limits
provided by subparagraphs (f), (g), and (h) paragraph. The facility may burn
hazardous waste only under the operating conditions that the owner or operator
establishes under subpart (iii) of this part until the owner or operator
submits a revised certification of precompliance under subpart (viii) of this
part or a certification of compliance under part 3 of this subparagraph, or
until a permit is issued.
(ii) Information Required The following
information must be submitted with the certification of precompliance to
support the determination that the limits established for the operating
parameters identified in subpart (iii) of this part are not likely to result in
an exceedance of the allowable emission rates for particulate matter, metals,
and HCl and Cl
2:
(I)
General Facility Information:
I. EPA facility
ID number;
II. Facility name,
contact person, telephone number, and address;
III. Description of boilers and industrial
furnaces burning hazardous waste, including type and capacity of
device;
IV. A scaled plot plan
showing the entire facility and location of the boilers and industrial furnaces
burning hazardous waste; and
V. A
description of the air pollution control system on each device burning
hazardous waste, including the temperature of the flue gas at the inlet to the
particulate matter control system.
(II) Except for facilities complying with the
Tier I or Adjusted Tier I feed rate screening limits for metals or total
chlorine and chloride provided by parts (g)2 or (g)5 and subpart (h)2(i) or
part (h)5 of this paragraph, respectively, the estimated uncontrolled (at the
inlet to the air pollution control system) emissions of particulate matter,
each metal controlled by subparagraph (g) of this paragraph, and hydrogen
chloride and chlorine, and the following information to support such
determinations:
I. The feed rate (lb/hr) of
ash, chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead,
mercury, silver, and thallium in each feedstream (hazardous waste, other fuels,
industrial furnace feedstocks);
II.
The estimated partitioning factor to the combustion gas for the materials
identified in subitem I of this item and the basis for the estimate and an
estimate of the partitioning to HCl and Cl2 of total
chloride and chlorine in feed materials. To estimate the partitioning factor,
the owner or operator must use either best engineering judgment or the
procedures specified in Appendix IX of paragraph (30) of this rule;
III. For industrial furnaces that recycle
collected particulate matter (PM) back into the furnace and that will certify
compliance with the metals emissions standards under subitem 3(iii)(II)I, the
estimated enrichment factor for each metal. To estimate the enrichment factor,
the owner or operator must use either best engineering judgment or the
procedures specified in "Alternative Methodology for Implementing Metals
Control" in Appendix IX of paragraph (30) of this rule; and
IV. If best engineering judgment is used to
estimate partitioning factors or enrichment factors under subitems II or III of
this item respectively, the basis for the judgment. When best engineering
judgment is used to develop or evaluate data or information and make
determinations under this subparagraph, the determinations must be made by a
qualified, registered professional engineer and a certification of his/her
determinations in accordance with Rule
0400-12-01-.07(2)(a)
10 must be provided in the certification of precompliance.
(III) For facilities complying with the Tier
I or Adjusted Tier I feed rate screening limits for metals or total chlorine
and chloride provided by parts (g)2 or (g)5 and subpart (h)2(i) or part (h)5 of
this paragraph, the feed rate (lb/hr) of total chloride and chlorine, antimony,
arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and
thallium in each feed stream (hazardous waste, other fuels, industrial furnace
feedstocks).
(IV) For facilities
complying with the Tier II or Tier III emission limits for metals or HCl and
Cl
2 (under parts (g)3 or (g)4 or subpart (h)2(ii) or
part (h)3 of this paragraph), the estimated controlled (outlet of the air
pollution control system) emissions rates of particulate matter, each metal
controlled by subparagraph (g), and HCl and Cl
2, and the
following information to support such determinations:
I. The estimated air pollution control system
(APCS) removal efficiency for particulate matter, HCl,
Cl2, antimony, arsenic, barium, beryllium, cadmium,
chromium, lead, mercury, silver, and thallium;
II. To estimate APCS removal efficiency, the
owner or operator must use either best engineering judgment or the procedures
prescribed in Appendix IX of paragraph (30) of this rule; and
III. If best engineering judgment is used to
estimate APCS removal efficiency, the basis for the judgment. Use of best
engineering judgment must be in conformance with provisions of subitem (II)IV
of this subpart.
(V)
Determination of allowable emissions rates for HCl, Cl
2,
antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver,
and thallium, and the following information to support such determinations:
I. For all facilities:
A. Physical stack height;
B. Good engineering practice stack height as
defined by 40 CFR
51.100(ii);
C. Maximum flue gas flow rate;
D. Maximum flue gas temperature;
E. Attach a US Geological Service topographic
map (or equivalent) showing the facility location and surrounding land within 5
km of the facility;
F. Identify
terrain type: complex or noncomplex; and
G. Identify land use: urban or
rural.
II. For owners and
operators using Tier III site specific dispersion modeling to determine
allowable levels under part (g)4 or (h)3 of this subparagraph, or adjusted Tier
I feed rate screening limits under part (g)5 or (h)5 of this subparagraph:
A. Dispersion model and version
used;
B. Source of meteorological
data;
C. The dilution factor in
micrograms per cubic meter per gram per second of emissions for the maximum
annual average off-site (unless on-site is required) ground level concentration
(MEI location); and
D. Indicate the
MEI location on the map required under section I E of this item.
(VI) For facilities
complying with the Tier II or III emissions rate controls for metals or HCl and
Cl2, a comparison of the estimated controlled emissions
rates determined under item (IV) of this subpart with the allowable emission
rates determined under item (V) of this subpart.
(VII) For facilities complying with the Tier
I (or adjusted Tier I) feed rate screening limits for metals or total chloride
and chlorine, a comparison of actual feed rates of each metal and total
chlorine and chloride determined under item (III) of this subpart to the Tier I
allowable feed rates.
(VIII) For
industrial furnaces that feed hazardous waste for any purpose other than solely
as an ingredient (as defined by item 1(v)(II) of this subparagraph) at any
location other than the product discharge end of the device, documentation of
compliance with the requirements of subitems 1(v)(I)I, II, and III of this
subparagraph.
(IX) For industrial
furnaces that recycle collected particulate matter (PM) back into the furnace
and that will certify compliance with the metals emissions standards under
subitem 3(iii)(II)I of this subparagraph:
I.
The applicable particulate matter standard in lb/hr; and
II. The precompliance limit on the
concentration of each metal in collected PM.
(iii) Limits on Operating Conditions
The owner and operator shall establish limits on the
following parameters consistent with the determinations made under subpart (ii)
of this part and certify (under provisions of subpart (ix) of this part) to the
Commissioner that the facility will operate within the limits during interim
status when there is hazardous waste in the unit until revised certification of
precompliance under subpart (viii) of this part or certification of compliance
under part 3 of this subparagraph:
(I)
Feed rate of total hazardous waste and (unless complying with the Tier I or
adjusted Tier I metals feed rate screening limits under part (g)2 or 5 of this
paragraph) pumpable hazardous waste;
(II) Feed rate of each metal in the following
feed streams:
I. Total feed streams, except
that industrial furnaces that comply with the alternative metals implementation
approach under subpart (iv) of this part must specify limits on the
concentration of each metal in collected particulate matter in lieu of feed
rate limits for total feedstreams;
II. Total hazardous waste feed, unless
complying with the Tier I or Adjusted Tier I metals feed rate screening limits
under part (g)2 or 5 of this subparagraph; and
III. Total pumpable hazardous waste feed,
unless complying with the Tier I or adjusted Tier I metals feed rate screening
limits under part (g)2 or 5 of this subparagraph;
(III) Total feed rate of chlorine and
chloride in total feed streams;
(IV) Total feed rate of ash in total feed
streams, except that the ash feed rate for cement kilns and light-weight
aggregate kilns is not limited; and
(V) Maximum production rate of the device in
appropriate units when producing normal product, unless complying with the Tier
I or Adjusted Tier I feed rate screening limits for chlorine under subpart
(h)2(i) or part (h)5 of this paragraph and for all metals under part (g)2 or 5
of this subparagraph, and the uncontrolled particulate emissions do not exceed
the standard under subparagraph (f).
(iv) Operating Requirements for Furnaces That
Recycle PM Owners and operators of furnaces that recycle collected particulate
matter (PM) back into the furnace and that will certify compliance with the
metals emissions controls under subitem 3(iii)(II)I of this subparagraph must
comply with the special operating requirements provided in "Alternative
Methodology for Implementing Metals Control" in Appendix IX of paragraph (30)
of this rule.
(v) Measurement of
feed rates and production rate
(I) General
Requirements
Limits on each of the parameters specified in subpart (iii)
of this part (except for limits on metals concentrations in collected
particulate matter (PM) for industrial furnaces that recycle collected PM)
shall be established and continuously monitored under either of the following
methods:
I. Instantaneous Limits
A limit for a parameter may be established and continuously
monitored and recorded on an instantaneous basis (i.e., the value that occurs
at any time) not to be exceeded at any time; or
II. Hourly Rolling Average Limits
A limit for a parameter may be established and continuously
monitored on an hourly rolling average basis defined as follows:
A. A continuous monitor is one which
continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each 15 seconds, and computes and
records the average value at least every 60 seconds.
B. An hourly rolling average is the
arithmetic mean of the 60 most recent 1-minute average values recorded by the
continuous monitoring system.
(II) Rolling Average Limits for Carcinogenic
Metals and Lead
Feed rate limits for the carcinogenic metals (arsenic,
beryllium, cadmium, and chromium) and lead may be established either on an
hourly rolling average basis as prescribed by subitem (I)II of this subpart or
on (up to) a 24 hour rolling average basis. If the owner or operator elects to
use an averaging period from 2 to 24 hours:
I. The feed rate of each metal shall be
limited at any time to ten times the feed rate that would be allowed on an
hourly rolling average basis;
II.
The continuous monitor shall meet the following specifications:
A. A continuous monitor is one which
continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each 15 seconds, and computes and
records the average value at least every 60 seconds.
B. The rolling average for the selected
averaging period is defined as the arithmetic mean of one hour block averages
for the averaging period. A one hour block average is the arithmetic mean of
the one minute averages recorded during the 60-minute period beginning at one
minute after the beginning of preceding clock hour.
(III) Feed Rate Limits for Metals,
Total Chloride and Chlorine, and Ash
Feed rate limits for metals, total chlorine and chloride, and
ash are established and monitored by knowing the concentration of the substance
(i.e., metals, chloride/chlorine, and ash) in each feedstream and the flow rate
of the feedstream. To monitor the feed rate of these substances, the flow rate
of each feedstream must be monitored under the continuous monitoring
requirements of items (I) and (II) of this part.
(vi) Public Notice Requirements at
Precompliance
On or before August 21, 1991 the owner or operator must
submit a notice with the following information for publication in a major local
newspaper of general circulation and send a copy of the notice to the
appropriate units of State and local government. The owner and operator must
provide to the Commissioner with the certification of precompliance evidence of
submitting the notice for publication. The notice, which shall be entitled
"Notice of Certification of Precompliance with Hazardous Waste Burning
Requirements of part (d)2 of this paragrap", must include:
(I) Name and address of the owner and
operator of the facility as well as the location of the device burning
hazardous waste;
(II) Date that the
certification of precompliance is submitted to the Commissioner;
(III) Brief description of the regulatory
process required to comply with the interim status requirements of this
subparagraph including required emissions testing to demonstrate conformance
with emissions standards for organic compounds, particulate matter, metals, and
HCl and Cl2;
(IV) Types and quantities of hazardous waste
burned including, but not limited to, source, whether solids or liquids, as
well as an appropriate description of the waste;
(V) Type of device(s) in which the hazardous
waste is burned including a physical description and maximum production rate of
each device;
(VI) Types and
quantities of other fuels and industrial furnace feedstocks fed to each
unit;
(VII) Brief description of
the basis for this certification of precompliance as specified in subpart (ii)
of this part;
(VIII) Locations
where the record for the facility can be viewed and copied by interested
parties. These records and locations shall at a minimum include:
I. The administrative record kept by the
Division office where the supporting documentation was submitted or another
location designated by the Commissioner; and
II. The BIF correspondence file kept at the
facility site where the device is located. The correspondence file must include
all correspondence between the facility and the Commissioner, state and local
regulatory officials, including copies of all certifications and notifications,
such as the precompliance certification, precompliance public notice, notice of
compliance testing, compliance test report, compliance certification, time
extension requests and approvals or denials, enforcement notifications of
violations, and copies of EPA and State site visit reports submitted to the
owner or operator;
(IX)
Notification of the establishment of a facility mailing list whereby interested
parties shall notify the Agency that they wish to be placed on the mailing list
to receive future information and notices about this facility; and
(X) Location (mailing address) of the
applicable EPA Regional Office, Hazardous Waste Division, and/or the Tennessee
Department of Environment and Conservation (TDEC), Division of Solid Waste
Management, as appropriate where further information can be obtained on the
regulation of hazardous waste burning.
(vii) Monitoring Other Operating Parameters
When the monitoring systems for the operating parameters
listed in items 3(i)(V) through (VIII) of this subparagraph are installed and
operating in conformance with vendor specifications or (for CO, HC, and oxygen)
specifications provided by Appendix IX of paragraph (30) of this rule, as
appropriate, the parameters shall be continuously monitored and records shall
be maintained in the operating record.
(viii) Revised Certification of Precompliance
The owner or operator may revise at any time the information
and operating conditions documented under subparts (ii) and (iii) of this part
in the certification of precompliance by submitting a revised certification of
precompliance under procedures provided by those subparts.
(I) The public notice requirements of subpart
2(iv) of this part do not apply to recertifications.
(II) The owner and operator must operate the
facility within the limits established for the operating parameters under
subpart (iii) of this part until a revised certification is submitted under
this subpart or a certification of compliance is submitted under part 3 of this
subparagraph.
(ix)
Certification of Precompliance Statement
The owner or operator must include the following signed
statement with the certification of precompliance submitted to the
Commissioner:
"I certify under penalty of law that this information was
prepared under my direction or supervision in accordance with a system designed
to ensure that qualified personnel properly gathered and evaluated the
information and supporting documentation. Copies of all emissions tests,
dispersion modeling results and other information used to determine conformance
with the requirements of Rule
0400-12-01-.09(8)(d)
2 are available at the facility and can be obtained from the facility contact
person listed above. Based on my inquiry of the person or persons who manages
the facility, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine
and imprisonment for knowing violations.
I also acknowledge that the operating limits established in
this certification pursuant to Rule
0400-12-01-.09(8)(d)
2(iii) and (iv) are enforceable limits at which the facility can legally
operate during interim status until:
(1) A revised certification of precompliance
is submitted,
(2) a certification
of compliance is submitted, or
(3)
an operating permit is issued"
3. Certification of Compliance
The owner or operator shall conduct emissions testing to
document compliance with the emissions standards of parts (e)2 through 5,
subparagraphs (f), (g), and (h), and subitem 1(v)(I)IV of this subparagraph,
under the procedures prescribed by this part, except under extensions of time
provided by subpart (vii) of this part. Based on the compliance test, the owner
or operator shall submit to the Commissioner on or before August 21, 1992 a
complete and accurate "certification of complianc" (under subpart (iv) of this
part) with those emission standards establishing limits on the operating
parameters specified in subpart (i) of this part.
(i) Limits on Operating Conditions
The owner or operator shall establish limits on the following
parameters based on operations during the compliance test (under procedures
prescribed in item (iv)(IV) of this part) or as otherwise specified and include
these limits with the certification of compliance. The boiler or industrial
furnace must be operated in accordance with these operating limits and the
applicable emissions standards of parts (e)2 through 5, subparagraphs (f), (g),
and (h) of this paragraph, and subitem 1(v)(I)IV of this subparagraph at all
times when there is hazardous waste in the unit:
(I) Feed rate of total hazardous waste and
(unless complying with the Tier I or adjusted Tier I metals feed rate screening
limits under part (g)2 or 5 of this subparagraph), pumpable hazardous
waste;
(II) Feed rate of each metal
in the following feedstreams:
I. Total
feedstreams, except that:
A. Facilities that
comply with Tier I or Adjusted Tier I metals feed rate screening limits may set
their operating limits at the metals feed rate screening limits determined
under part (g)2 or 5 of this paragraph; and
B. Industrial furnaces that must comply with
the alternative metals implementation approach under item (iii)II of this part
must specify limits on the concentration of each metal in the collected
particulate matter in lieu of feed rate limits for total feedstreams;
II. Total hazardous waste feed
(unless complying with the Tier I or Adjusted Tier I metals feed rate screening
limits under part (g)2 or 5 of this paragraph); and
III. Total pumpable hazardous waste feed
(unless complying with the Tier I or Adjusted Tier I metals feed rate screening
limits under part (g)2 or 5 of this paragraph);
(III) Total feed rate of chlorine and
chloride in total feed streams, except that facilities that comply with Tier I
or Adjusted Tier I feed rate screening limits may set their operating limits at
the total chlorine and chloride feed rate screening limits determined under
subpart (h)2(i) or part (h)5 of this paragraph;
(IV) Total feed rate of ash in total feed
streams, except that the ash feed rate for cement kilns and light-weight
aggregate kilns is not limited;
(V)
Carbon monoxide concentration, and where required, hydrocarbon concentration in
stack gas. When complying with the CO controls of part (e)2 of this paragraph,
the CO limit is 100 ppmv, and when complying with the HC controls of part (e)3
of this paragraph, the HC limit is 20 ppmv. When complying with the CO controls
of part (e)3 of this paragraph, the CO limit is established based on the
compliance test;
(VI) Maximum
production rate of the device in appropriate units when producing normal
product, unless complying with the Tier I or Adjusted Tier I feed rate
screening limits for chlorine under subpart (h)2(i) or part (h)5 of this
paragraph and for all metals under part (g)2 or 5 of this paragraph, and the
uncontrolled particulate emissions do not exceed the standard under
subparagraph (f) of this paragraph;
(VII) Maximum combustion chamber temperature
where the temperature measurement is as close to the combustion zone as
possible and is upstream of any quench water injection (unless complying with
the Tier I or Adjusted Tier I metals feed rate screening limits under part (g)2
or 5 of this paragraph);
(VIII)
Maximum flue gas temperature entering a particulate matter control device
(unless complying with Tier I or Adjusted Tier I metals feed rate screening
limits under part (g)2 or 5 of this paragraph and the total chlorine and
chloride feed rate screening limits under part (h)2 or 5 of this
paragraph);
(IX) For systems using
wet scrubbers, including wet ionizing scrubbers (unless complying with Tier I
or Adjusted Tier I metals feed rate screening limits under part (g)2 or 5 of
this paragraph and the total chlorine and chloride feed rate screening limits
under subpart (h)2(i) or part (h)5 of this paragraph):
I. Minimum liquid to flue gas
ratio;
II. Minimum scrubber
blowdown from the system or maximum suspended solids content of scrubber water;
and
III. Minimum pH level of the
scrubber water;
(X) For
systems using venturi scrubbers, the minimum differential gas pressure across
the venturi (unless complying with the Tier I or Adjusted Tier I metals feed
rate screening limits under part (g)2 or 5 of this paragraph and the total
chlorine and chloride feed rate screening limits under subpart (h)2(i) or part
(h)5 of this paragraph);
(XI) For
systems using dry scrubbers (unless complying with the Tier I or Adjusted Tier
I metals feed rate screening limits under part (g)2 or 5 of this paragraph and
the total chlorine and chloride feed rate screening limits under subpart
(h)2(i) or part (h)5 of this paragraph):
I.
Minimum caustic feed rate; and
II.
Maximum flue gas flow rate;
(XII) For systems using wet ionizing
scrubbers or electrostatic precipitators (unless complying with the Tier I or
Adjusted Tier I metals feed rate screening limits under part (g)2 or 5 of this
paragraph and the total chlorine and chloride feed rate screening limits under
subpart (h)2(i) or part (h)5 of this paragraph):
I. Minimum electrical power in kilovolt
amperes (kVA) to the precipitator plates; and
II. Maximum flue gas flow rate;
(XIII) For systems using fabric
filters (baghouses), the minimum pressure drop (unless complying with the Tier
I or Adjusted Tier I metal feed rate screening limits under part (g)2 or 5 of
this paragraph and the total chlorine and chloride feed rate screening limits
under subpart (h)2(i) or part (h)5 of this paragraph).
(ii) Prior Notice of Compliance Testing
At least 30 days prior to the compliance testing required by
subpart (iii) of this part, the owner or operator shall notify the Commissioner
and submit the following information:
(I) General facility information including:
I. EPA facility ID number;
II. Facility name, contact person, telephone
number, and address;
III. Person
responsible for conducting compliance test, including company name, address,
and telephone number, and a statement of qualifications;
IV. Planned date of the compliance
test;
(II) Specific
information on each device to be tested including:
I. Description of boiler or industrial
furnace;
II. A scaled plot plan
showing the entire facility and location of the boiler or industrial
furnace;
III. A description of the
air pollution control system;
IV.
Identification of the continuous emission monitors that are installed,
including:
A. Carbon monoxide
monitor;
B. Oxygen
monitor;
C. Hydrocarbon monitor,
specifying the minimum temperature of the system and, if the temperature is
less than 150 °C, an explanation of why a heated system is not used (see
subpart (v) of this part) and a brief description of the sample gas
conditioning system;
V.
Indication of whether the stack is shared with another device that will be in
operation during the compliance test;
VI. Other information useful to an
understanding of the system design or operation.
(III) Information on the testing planned,
including a complete copy of the test protocol and Quality Assurance/Quality
Control (QA/QC) plan, and a summary description for each test providing the
following information at a minimum:
I. Purpose
of the test (e.g., demonstrate compliance with emissions of particulate
matter); and
II. Planned operating
conditions, including levels for each pertinent parameter specified in subpart
(i) of this part.
(iii) Compliance Testing
(I) General
Compliance testing must be conducted under conditions for
which the owner or operator has submitted a certification of precompliance
under pat 2 of this of this subparagraph and under conditions established in
the notification of compliance testing required by subpart (ii) of this part.
The owner or operator may seek approval on a case-by-case basis to use
compliance test data from one unit in lieu of testing a similar onsite unit. To
support the request, the owner or operator must provide a comparison of the
hazardous waste burned and other feedstreams, and the design, operation, and
maintenance of both the tested unit and the similar unit. The Commissioner
shall provide a written approval to use compliance test data in lieu of testing
a similar unit if he finds that the hazardous wastes, the devices, and the
operating conditions are sufficiently similar, and the data from the other
compliance test is adequate to meet the requirements of this part.
(II) Special Requirements for
Industrial Furnaces that Recycle Collected PM
Owners and operators of industrial furnaces that recycle back
into the furnace particulate matter (PM) from the air pollution control system
must comply with one of the following procedures for testing to determine
compliance with the metals standards of part (g)3 or 4 of this
subparagraph:
I. The special testing
requirements prescribed in "Alternative Method for Implementing Metals Control"
in Appendix IX of paragraph (30) of this rule; or
II. Stack emissions testing for a minimum of
6 hours each day while hazardous waste is burned during interim status. The
testing must be conducted when burning normal hazardous waste for that day at
normal feed rates for that day and when the air pollution control system is
operated under normal conditions. During interim status, hazardous waste
analysis for metals content must be sufficient for the owner or operator to
determine if changes in metals content may affect the ability of the facility
to meet the metals emissions standards established under part (g)3 or 4 of this
subparagraph. Under this option, operating limits (under subpart (i) of this
part) must be established during compliance testing under subpart 3(iii) of
this subparagraph only on the following parameters:
A. Feed rate of total hazardous
waste;
B. Total feed rate of
chlorine and chloride in total feed streams;
C. Total feed rate of ash in total feed
streams, except that the ash feed rate for cement kilns and light-weight
aggregate kilns is not limited;
D.
Carbon monoxide concentration, and where required, hydrocarbon concentration in
stack gas;
E. Maximum production
rate of the device in appropriate units when producing normal product;
or
III. Conduct
compliance testing to determine compliance with the metals standards to
establish limits on the operating parameters of subpart (i) of this part only
after the kiln system has been conditioned to enable it to reach equilibrium
with respect to metals fed into the system and metals emissions. During
conditioning, hazardous waste and raw materials having the same metals content
as will be fed during the compliance test must be fed at the feed rates that
will be fed during the compliance test.
(III) Conduct of Compliance Testing
I. If compliance with all applicable
emissions standards of subparagraphs (e) through (h) of this paragraph is not
demonstrated simultaneously during a set of test runs, the operating conditions
of additional test runs required to demonstrate compliance with remaining
emissions standards must be as close as possible to the original operating
conditions.
II. Prior to obtaining
test data for purposes of demonstrating compliance with the applicable
emissions standards of subparagraphs (e) through (h) of this paragraph or
establishing limits on operating parameters under this subparagraph, the
facility must operate under compliance test conditions for a sufficient period
to reach steady-state operations. Industrial furnaces that recycle collected
particulate matter back into the furnace and that comply with subitems I or II
of this subpart, however, need not reach steady state conditions with respect
to the flow of metals in the system prior to beginning compliance testing for
metals.
III. Compliance test data
on the level of an operating parameter for which a limit must be established in
the certification of compliance must be obtained during emissions sampling for
the pollutant(s) (i.e., metals, PM, HCl/Cl2, organic
compounds) for which the parameter must be established as specified by subpart
(i) of this part.
(iv) Certification of Compliance
Within 90 days of completing compliance testing, the owner or
operator must certify to the Commissioner compliance with the emissions
standards of part (e)2, 3, and 5, subparagraphs (f), (g), and (h) of this
paragraph, and subitem 1(v)(I)IV of this subparagraph. The certification of
compliance must include the following information:
(I) General facility and testing information
including:
I. EPA facility ID
number;
II. Facility name, contact
person, telephone number, and address;
III. Person responsible for conducting
compliance testing, including company name, address, and telephone number, and
a statement of qualifications;
IV.
Date(s) of each compliance test;
V.
Description of boiler or industrial furnace tested;
VI. Person responsible for quality
assurance/quality control (QA/QC), title, and telephone number, and statement
that procedures prescribed in the QA/QC plan submitted under item (ii)(III) of
this part have been followed, or a description of any changes and an
explanation of why changes were necessary;
VII. Description of any changes in the unit
configuration prior to or during testing that would alter any of the
information submitted in the prior notice of compliance testing under subpart
(ii) of this part, and an explanation of why the changes were
necessary;
VIII. Description of any
changes in the planned test conditions prior to or during the testing that
alter any of the information submitted in the prior notice of compliance
testing under subpart (ii) of this part, and an explanation of why the changes
were necessary; and
IX. The
complete report on results of emissions testing.
(II) Specific information on each test
including:
I. Purpose(s) of test (e.g.,
demonstrate conformance with the emissions limits for particulate matter,
metals, HCl, Cl2, and CO);
II. Summary of test results for each run and
for each test including the following information:
A. Date of run;
B. Duration of run;
C. Time-weighted average and highest hourly
rolling average CO level for each run and for the test;
D. Highest hourly rolling average HC level,
if HC monitoring is required for each run and for the test;
E. If dioxin and furan testing is required
under part (e)5 of this paragraph, time-weighted average emissions for each run
and for the test of chlorinated dioxin and furan emissions, and the predicted
maximum annual average ground level concentration of the toxicity equivalency
factor;
F. Time-weighted average
particulate matter emissions for each run and for the test;
G. Time-weighted average HCl and
Cl2 emissions for each run and for the test;
H. Time-weighted average emissions for the
metals subject to regulation under subparagraph (g) of this paragraph for each
run and for the test; and
I. QA/QC
results.
(III)
Comparison of the actual emissions during each test with the emissions limits
prescribed by parts (e)2, 3, and 5 and subparagraphs (f), (g), and (h) of this
paragraph and established for the facility in the certification of
precompliance under part 2 of this subparagraph.
(IV) Determination of operating limits based
on all valid runs of the compliance test for each applicable parameter listed
in subpart (i) of this part using either of the following procedures:
I. Instantaneous Limits
A parameter may be measured and recorded on an instantaneous
basis (i.e., the value that occurs at any time) and the operating limit
specified as the time-weighted average during all runs of the compliance test;
or
II. Hourly rolling
average basis
A. The limit for a parameter may
be established and continuously monitored on an hourly rolling average basis
defined as follows:
(A) A continuous monitor
is one which continuously samples the regulated parameter without interruption,
and evaluates the detector response at least once each 15 seconds, and computes
and records the average value at least every 60 seconds.
(B) An hourly rolling average is the
arithmetic mean of the 60 most recent 1-minute average values recorded by the
continuous monitoring system;
B. The operating limit for the parameter
shall be established based on compliance test data as the average over all test
runs of the highest hourly rolling average value for each run; or
III. Rolling average limits for
carcinogenic metals and lead
Feed rate limits for the carcinogenic metals (i.e., arsenic,
beryllium, cadmium and chromium) and lead may be established either on an
hourly rolling average basis as prescribed by subitem 3(iv)(IV)II of this
subparagraph or on (up to) a 24 hour rolling average basis. If the owner or
operator elects to use an averaging period from 2 to 24 hours:
A. The feed rate of each metal shall be
limited at any time to ten times the feed rate that would be allowed on an
hourly rolling average basis;
B.
The continuous monitor shall meet the following specifications:
(A) A continuous monitor is one which
continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each 15 seconds, and computes and
records the average value at least every 60 seconds;
(B) The rolling average for the selected
averaging period is defined as arithmetic mean of one hour block averages for
the averaging period. A one hour block average is the arithmetic mean of the
one minute averages recorded during the 60-minute period beginning at one
minute after the beginning of preceding clock hour; and
C. The operating limit for the feed rate of
each metal shall be established based on compliance test data as the average
over all test runs of the highest hourly rolling average feed rate for each
run; or
IV. Feed rate
limits for metals, total chloride and chlorine, and ash
Feed rate limits for metals, total chlorine and chloride, and
ash are established and monitored by knowing the concentration of the substance
(i.e., metals, chloride/chlorine, and ash) in each feedstream and the flow rate
of the feedstream. To monitor the feed rate of these substances, the flow rate
of each feedstream must be monitored under the continuous monitoring
requirements of subitems I through III of this item.
(V) Certification of Compliance
Statement
The following statement shall accompany the certification of
compliance:
"I certify under penalty of law that this information was
prepared under my direction or supervision in accordance with a system designed
to ensure that qualified personnel properly gathered and evaluated the
information and supporting documentation. Copies of all emissions tests,
dispersion modeling results and other information used to determine conformance
with the requirements of Rule
0400-12-01-.09(8)(d)
3 are available at the facility and can be obtained from the facility contact
person listed above. Based on my inquiry of the person or persons who manages
the facility, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine
and imprisonment for knowing violations.
I also acknowledge that the operating conditions established
in this certification pursuant to Rule
0400-12-01-.09(8)(d)
3(iv)(IV) are enforceable limits at which the facility can legally operate
during interim status until a revised certification of compliance is
submitted"
(v)
Special Requirements for HC Monitoring Systems
When an owner or operator is required to comply with the
hydrocarbon (HC) controls provided by part (e)3 of this paragraph or subitem
1(v)(I)IV of this subparagraph, a conditioned gas monitoring system may be used
in conformance with specifications provided in Appendix IX of paragraph (30) of
this rule provided that the owner or operator submits a certification of
compliance without using extensions of time provided by subpart (vii) of this
part.
(vi) Special Operating
Requirements for Industrial Furnaces that Recycle Collected PM Owners and
operators of industrial furnaces that recycle back into the furnace particulate
matter (PM) from the air pollution control system must:
(I) When complying with the requirements of
subitem (iii)(II)I of this part, comply with the operating requirements
prescribed in "Alternative Method to Implement the Metals Control" in Appendix
IX of paragraph (30) of this rule; and
(II) When complying with the requirements of
subitem (iii)(II)II of this part, comply with the operating requirements
prescribed by that subitem.
(vii) Extensions of Time
(I) If the owner or operator does not submit
a complete certification of compliance for all of the applicable emissions
standards of subparagraph (e), (f), (g), and (h) of this paragraph by August
21, 1992, he/she must either:
I. Stop burning
hazardous waste and begin closure activities under part 12 of this subparagraph
for the hazardous waste portion of the facility; or
II. Limit hazardous waste burning only for
purposes of compliance testing (and pretesting to prepare for compliance
testing) a total period of 720 hours for the period of time beginning August
21, 1992, submit a notification to the Commissioner by August 21, 1992 stating
that the facility is operating under restricted interim status and intends to
resume burning hazardous waste, and submit a complete certification of
compliance by August 23, 1993; or
III. Obtain a case-by-case extension of time
under item (II) of this subpart.
(II) The owner or operator may request a
case-by-case extension of time to extend any time limit provided by part 3 of
this subparagraph if compliance with the time limit is not practicable for
reasons beyond the control of the owner or operator.
I. In granting an extension, the Commissioner
may apply conditions as the facts warrant to ensure timely compliance with the
requirements of this subparagraph and that the facility operates in a manner
that does not pose a hazard to human health and the environment;
II. When an owner or operator requests an
extension of time to enable the facility to comply with the alternative
hydrocarbon provisions of part (e)6 of this paragraph and obtain a operating
permit because the facility cannot meet the HC limit of part (e)3 of this
paragraph:
A. The Commissioner shall, in
considering whether to grant the extension:
(A) Determine whether the owner and operator
have submitted in a timely manner a complete Part B permit application that
includes information required under Rule
0400-12-01-.07(2);
and
(B) Consider whether the owner
and operator have made a good faith effort to certify compliance with all other
emission controls, including the controls on dioxins and furans of part (e)5 of
this paragraph and the controls on PM, metals, and
HCl/Cl2.
B. If an extension is granted, the Director
shall, as a condition of the extension, require the facility to operate under
flue gas concentration limits on CO and HC that, based on available
information, including information in the Part B permit application, are
baseline CO and HC levels as defined by subpart (e)6(i) of this
paragraph.
(viii) Revised Certification of Compliance
The owner or operator may submit at any time a revised
certification of compliance (recertification of compliance) under the following
procedures:
(I) Prior to submittal of
a revised certification of compliance, hazardous waste may not be burned for
more than a total of 720 hours under operating conditions that exceed those
established under a current certification of compliance, and such burning may
be conducted only for purposes of determining whether the facility can operate
under revised conditions and continue to meet the applicable emissions
standards of subparagraphs (e), (f), (g), and (h) of this paragraph;
(II) At least 30 days prior to first burning
hazardous waste under operating conditions that exceed those established under
a current certification of compliance, the owner or operator shall notify the
Commissioner and submit the following information:
I. EPA facility ID number, and facility name,
contact person, telephone number, and address;
II. Operating conditions that the owner or
operator is seeking to revise and description of the changes in facility design
or operation that prompted the need to seek to revise the operating
conditions;
III. A determination
that when operating under the revised operating conditions, the applicable
emissions standards of subparagraphs (e), (f), (g), and (h) of this paragraph
are not likely to be exceeded. To document this determination, the owner or
operator shall submit the applicable information required under subpart 2(ii)
of this subparagraph; and
IV.
Complete emissions testing protocol for any pretesting and for a new compliance
test to determine compliance with the applicable emissions standards of
subparagraphs (e), (f), (g), and (h) of this paragraph when operating under
revised operating conditions. The protocol shall include a schedule of
pre-testing and compliance testing. If the owner and operator revises the
scheduled date for the compliance test, he/she shall notify the Commissioner in
writing at least 30 days prior to the revised date of the compliance
test;
(III) Conduct a
compliance test under the revised operating conditions and the protocol
submitted to the Commissioner to determine compliance with the applicable
emissions standards of subparagraphs (e), (f), (g), and (h) of this paragraph;
and
(IV) Submit a revised
certification of compliance under subpart (iv) of this part.
4. Periodic
Recertifications
The owner or operator must conduct compliance testing and
submit to the Commissioner a recertification of compliance under provisions of
part 3 of this subparagraph within five (5) years from submitting the previous
certification or recertification. If the owner or operator seeks to recertify
compliance under new operating conditions, he/she must comply with the
requirements of subpart 3(viii) of this subparagraph.
5. Noncompliance with Certification Schedule
If the owner or operator does not comply with the interim
status compliance schedule provided by parts 2, 3, and 4 of this subparagraph,
hazardous waste burning must terminate on the date that the deadline is missed,
closure activities must begin under part 12 of this subparagraph, and hazardous
waste burning may not resume except under an operating permit issued under Rule
0400-12-01-.07(1)(j).
For purposes of compliance with the closure provisions of part 12 of this
subparagraph and Rules
0400-12-01-.05(7)(c)
4(ii) and .05(7)(d) the boiler or industrial furnace has received "the known
final volume of hazardous wast" on the date that the deadline is
missed.
6. Start-up and
Shut-down
Hazardous waste (except waste fed solely as an ingredient
under the Tier I (or adjusted Tier I) feed rate screening limits for metals and
chloride/chlorine) must not be fed into the device during start-up and
shut-down of the boiler or industrial furnace, unless the device is operating
within the conditions of operation specified in the certification of
compliance.
7. Automatic
Waste Feed Cutoff
During the compliance test required by subpart 3(iii) of this
subparagraph, and upon certification of compliance under part 3 of this
subparagraph, a boiler or industrial furnace must be operated with a
functioning system that automatically cuts off the hazardous waste feed when
the applicable operating conditions specified in items 3(i)(I) and (V) through
(XIII) of this subparagraph deviate from those established in the certification
of compliance. In addition:
(i) To
minimize emissions of organic compounds, the minimum combustion chamber
temperature (or the indicator of combustion chamber temperature) that occurred
during the compliance test must be maintained while hazardous waste or
hazardous waste residues remain in the combustion chamber, with the minimum
temperature during the compliance test defined as either:
(I) If compliance with the combustion chamber
temperature limit is based on an hourly rolling average, the minimum
temperature during the compliance test is considered to be the average over all
runs of the lowest hourly rolling average for each run; or
(II) If compliance with the combustion
chamber temperature limit is based on an instantaneous temperature measurement,
the minimum temperature during the compliance test is considered to be the
time-weighted average temperature during all runs of the test; and
(ii) Operating parameters limited
by the certification of compliance must continue to be monitored during the
cutoff, and the hazardous waste feed shall not be restarted until the levels of
those parameters comply with the limits established in the certification of
compliance.
8. Fugitive
Emissions
Fugitive emissions must be controlled by:
(i) Keeping the combustion zone totally
sealed against fugitive emissions; or
(ii) Maintaining the combustion zone pressure
lower than atmospheric pressure; or
(iii) An alternate means of control that the
owner or operator can demonstrate provide fugitive emissions control equivalent
to maintenance of combustion zone pressure lower than atmospheric pressure.
Support for such demonstration shall be included in the operating
record.
9. Changes
A boiler or industrial furnace must cease burning hazardous
waste when changes in combustion properties, or feed rates of the hazardous
waste, other fuels, or industrial furnace feedstocks, or changes in the boiler
or industrial furnace design or operating conditions deviate from the limits
specified in the certification of compliance.
10. Monitoring and Inspections
(i) The owner or operator must monitor and
record the following, at a minimum, while burning hazardous waste:
(I) Feed rates and composition of hazardous
waste, other fuels, and industrial furnace feed stocks, and feed rates of ash,
metals, and total chloride and chlorine as necessary to ensure conformance with
the certification of precompliance or certification of compliance;
(II) Carbon monoxide (CO), oxygen, and if
applicable, hydrocarbons (HC), on a continuous basis at a common point in the
boiler or industrial furnace downstream of the combustion zone and prior to
release of stack gases to the atmosphere in accordance with the operating
limits specified in the certification of compliance. CO, HC, and oxygen
monitors must be installed, operated, and maintained in accordance with methods
specified in Appendix IX of this rule;
(III) Upon the request of the Commissioner,
sampling and analysis of the hazardous waste (and other fuels and industrial
furnace feed stocks as appropriate) and the stack gas emissions must be
conducted to verify that the operating conditions established in the
certification of precompliance or certification of compliance achieve the
applicable standards of subparagraphs (e), (f), (g), and (h) of this
paragraph.
(ii) The
boiler or industrial furnace and associated equipment (pumps, valves, pipes,
fuel storage tanks, etc.) must be subjected to thorough visual inspection when
they contain hazardous waste, at least daily for leaks, spills, fugitive
emissions, and signs of tampering.
(iii) The automatic hazardous waste feed
cutoff system and associated alarms must be tested at least once every 7 days
when hazardous waste is burned to verify operability, unless the owner or
operator can demonstrate that weekly inspections will unduly restrict or upset
operations and that less frequent inspections will be adequate. Support for
such demonstration shall be included in the operating record. At a minimum,
operational testing must be conducted at least once every 30 days.
(iv) These monitoring and inspection data
must be recorded and the records must be placed in the operating log.
11. Recordkeeping
The owner or operator must keep in the operating record of
the facility all information and data required by this subparagraph for five
(5) years, or as required by a permit issued after the effective date of this
rulemaking, but no less than five (5) years.
12. Closure
At closure, the owner or operator must remove all hazardous
waste and hazardous waste residues (including, but not limited to, ash,
scrubber waters, and scrubber sludges) from the boiler or industrial furnace
and must comply with Rules
0400-12-01-.05(7)(b) through
(f).
(e) Standards to Control Organic Emissions
[40 CFR
266.104]
1.
DRE Standard
(i) General
Except as provided in subpart 1(iii) of this subparagraph, a
boiler or industrial furnace burning hazardous waste must achieve a destruction
and removal efficiency (DRE) of 99.99% for all organic hazardous constituents
in the waste feed. To demonstrate conformance with this requirement, 99.99% DRE
must be demonstrated during a trial burn for each principal organic hazardous
constituent (POHC) designated (under subpart (ii) of this part) in its permit
for each waste feed. DRE is determined for each POHC from the following
equation:
Click
to view Image
where:
Win = Mass feed rate of one
principal organic hazardous constituent (POHC) in the hazardous waste fired to
the boiler or industrial furnace; and
Wout = Mass emission rate of the
same POHC present in stack gas prior to release to the atmosphere.
(ii) Designation of POHCs
Principal organic hazardous constituents (POHCs) are those
compounds for which compliance with the DRE requirements of this subparagraph
shall be demonstrated in a trial burn in conformance with procedures prescribed
in Rule 0400-12-01-.07(1)(j).
One or more POHCs shall be designated by the Commissioner for each waste feed
to be burned. POHCs shall be designated based on the degree of difficulty of
destruction of the organic constituents in the waste and on their
concentrations or mass in the waste feed considering the results of waste
analyses submitted with Part B of the permit application. POHCs are most likely
to be selected from among those compounds listed in Appendix VIII of Rule
0400-12-01-.02 that are also
present in the normal waste feed. However, if the applicant demonstrates to the
Commissioner's satisfaction that a compound not listed in Appendix VIII or not
present in the normal waste feed is a suitable indicator of compliance with the
DRE requirements of this subparagraph, that compound may be designated as a
POHC. Such POHCs need not be toxic or organic compounds.
(iii) Dioxin-listed Waste
A boiler or industrial furnace burning hazardous waste
containing (or derived from) Hazardous Wastes Codes F020, F021, F022, F023,
F026, or F027 must achieve a destruction and removal efficiency (DRE) of
99.9999% for each POHC designated (under subpart (ii) of this part) in its
permit. This performance must be demonstrated on POHCs that are more difficult
to burn than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans.
DRE is determined for each POHC from the equation in subpart (ii) of this part.
In addition, the owner or operator of the boiler or industrial furnace must
notify the Commissioner of intent to burn Hazardous Waste Codes F020, F021,
F022, F023, F026, or F027.
(iv) Automatic Waiver of DRE Trial Burn
Owners and operators of boilers operated under the special
operating requirements provided by subparagraph (k) of this paragraph are
considered to be in compliance with the DRE standard of subpart (ii) of this
part and are exempt from the DRE trial burn.
(v) Low Risk Waste Owners and operators of
boilers or industrial furnaces that burn hazardous waste in compliance with the
requirements of part (j)1 of this paragraph are considered to be in compliance
with the DRE standard of subpart (ii) of this part and are exempt from the DRE
trial burn.
2. Carbon
Monoxide Standard
(i) Except as provided in
part 3 of this subparagraph, the stack gas concentration of carbon monoxide
(CO) from a boiler or industrial furnace burning hazardous waste cannot exceed
100 ppmv on an hourly rolling average basis (i.e., over any 60 minute period),
continuously corrected to 7 percent oxygen, dry gas basis.
(ii) CO and oxygen shall be continuously
monitored in conformance with "Performance Specifications for Continuous
Emission Monitoring of Carbon Monoxide and Oxygen for Incinerators, Boilers,
and Industrial Furnaces Burning Hazardous Wast" in Appendix IX of paragraph
(30) of this rule.
(iii) Compliance
with the 100 ppmv CO limit must be demonstrated during the trial burn (for new
facilities or an interim status facility applying for a permit) or the
compliance test (for interim status facilities). To demonstrate compliance, the
highest hourly rolling average CO level during any valid run of the trial burn
or compliance test must not exceed 100 ppmv.
3. Alternative Carbon Monoxide Standard
(i) The stack gas concentration of carbon
monoxide (CO) from a boiler or industrial furnace burning hazardous waste may
exceed the 100 ppmv limit provided that stack gas concentrations of
hydrocarbons (HC) do not exceed 20 ppmv, except as provided by part 6 of this
subparagraph for certain industrial furnaces.
(ii) HC limits must be established under this
subparagraph on an hourly rolling average basis (i.e., over any 60 minute
period), reported as propane, and continuously corrected to 7 percent oxygen,
dry gas basis.
(iii) HC shall be
continuously monitored in conformance with "Performance Specifications for
Continuous Emission Monitoring of Hydrocarbons for Incinerators, Boilers, and
Industrial Furnaces Burning Hazardous Wast" in Appendix IX of paragraph (30) of
this rule. CO and oxygen shall be continuously monitored in conformance with
subpart 2(ii) of this subparagraph.
(iv) The alternative CO standard is
established based on CO data during the trial burn (for a new facility) and the
compliance test (for an interim status facility). The alternative CO standard
is the average over all valid runs of the highest hourly average CO level for
each run. The CO limit is implemented on an hourly rolling average basis, and
continuously corrected to 7 percent oxygen, dry gas basis.
4. Special Requirements for Furnaces
Owners and operators of industrial furnaces (e.g., kilns,
cupolas) that feed hazardous waste for a purpose other than solely as an
ingredient (see item (d)1(v)(II) of this paragraph) at any location other than
the end where products are normally discharged and where fuels are normally
fired must comply with the hydrocarbon limits provided by parts 3 or 6 of this
subparagraph irrespective of whether stack gas CO concentrations meet the 100
ppmv limit of part 2 of this subparagraph.
5. Controls for Dioxins and Furans
Owners and operators of boilers and industrial furnaces that
are equipped with a dry particulate matter control device that operates within
the temperature range of 450-750 °F, and industrial furnaces operating
under an alternative hydrocarbon limit established under part 6 of this
subparagraph must conduct a site-specific risk assessment as follows to
demonstrate that emissions of chlorinated dibenzo-p-dioxins and dibenzofurans
do not result in an increased lifetime cancer risk to the hypothetical maximum
exposed individual (MEI) exceeding 1 in 100,000:
(i) During the trial burn (for new facilities
or an interim status facility applying for a permit) or compliance test (for
interim status facilities), determine emission rates of the tetra-octa
congeners of chlorinated dibenzo-p-dioxins and dibenzofurans (CDDs/CDFs) using
Method 0023A. Sampling Method for Polychlorinated Dibenzo-p-Dioxins and
Polychlorinated Dibenzofurans Emissions from Stationary Sources, EPA
Publication SW-846, as listed in Rule
0400-12-01-.01(2)(b);
(ii) Estimate the 2,3,7,8-TCDD toxicity
equivalence of the tetra-octa CDDs/CDFs congeners using "Procedures for
Estimating the Toxicity Equivalence of Chlorinated Dibenzo-p-Dioxin and
Dibenzofuran Congener" in Appendix IX of paragraph (30) of this rule. Multiply
the emission rates of CDD/CDF congeners with a toxicity equivalence greater
than zero (see the procedure) by the calculated toxicity equivalence factor to
estimate the equivalent emission rate of 2,3,7,8-TCDD;
(iii) Conduct dispersion modeling using
methods recommended in 40 CFR Part
51 , Appendix W to Part 51 ("Guideline on
Air Quality Models (Revised" (1986) and its supplements), the "Hazardous Waste
Combustion Air Quality Screening Procedur", provided in Appendix IX of
paragraph (30) of this rule, or in Screening Procedures for Estimating the Air
Quality Impact of Stationary Sources, Revised (listed in Rule
0400-12-01-.01(2)(b))
to predict the maximum annual average off-site ground level concentration of
2,3,7,8-TCDD equivalents determined under subpart (ii) of this part. The
maximum annual average concentration must be used when a person resides
on-site; and
(iv) The ratio of the
predicted maximum annual average ground level concentration of 2,3,7,8-TCDD
equivalents to the risk-specific dose for 2,3,7,8-TCDD provided in Appendix V
of this rule (2.2 x 10-7) shall not exceed
1.0.
6. Monitoring CO and
HC in the By-pass Duct of a Cement Kiln Cement kilns may comply with the carbon
monoxide and hydrocarbon limits provided by parts 2, 3, and 4 of this
subparagraph by monitoring in the by-pass duct provided that:
(i) Hazardous waste is fired only into the
kiln and not at any location downstream from the kiln exit relative to the
direction of gas flow; and
(ii) The
by-pass duct diverts a minimum of 10% of kiln off-gas into the duct.
7. Use of Emissions Test Data to
Demonstrate Compliance and Establish Operating Limits
Compliance with the requirements of this subparagraph must be
demonstrated simultaneously by emissions testing or during separate runs under
identical operating conditions. Further, data to demonstrate compliance with
the CO and HC limits of this subparagraph or to establish alternative CO or HC
limits under this subparagraph must be obtained during the time that DRE
testing, and where applicable, CDD/CDF testing under part 5 of this
subparagraph and comprehensive organic emissions testing under part 6 of this
subparagraph is conducted.
8. Enforcement
For the purposes of permit enforcement, compliance with the
operating requirements specified in the permit (under subparagraph (c) of this
paragraph) will be regarded as compliance with this subparagraph. However,
evidence that compliance with those permit conditions is insufficient to ensure
compliance with the requirements of this subparagraph may be "informatio"
justifying modification or revocation and re-issuance of a permit under Rule
0400-12-01-.07(9).
(f) Standards to Control Particulate Matter
[40 CFR
266.105]
1.
A boiler or industrial furnace burning hazardous waste may not emit particulate
matter in excess of 180 milligrams per dry standard cubic meter (0.08 grains
per dry standard cubic foot) after correction to a stack gas concentration of
7% oxygen, using procedures prescribed in 40 CFR Part
60 , appendix A, methods
1 through 5, and Appendix IX of paragraph (30) of this rule.
2. An owner or operator meeting the
requirements of part (j)2 of this paragraph for the low risk waste exemption is
exempt from the particulate matter standard.
3. Oxygen correction
(i) Measured pollutant levels must be
corrected for the amount of oxygen in the stack gas according to the formula:
Pc = Pm x 14/(E-Y)
Where:
Pc is the corrected concentration of the pollutant in the
stack gas;
Pm is the measured concentration of the pollutant in the
stack gas;
E is the oxygen concentration on a dry basis in the
combustion air fed to the device; and
Y is the measured oxygen concentration on a dry basis in the
stack.
(ii) For devices that
feed normal combustion air, E will equal 21 percent.
For devices that feed oxygen-enriched air for combustion
(that is, air with an oxygen concentration exceeding 21 percent), the value of
E will be the concentration of oxygen in the enriched air.
(iii) Compliance with all emission standards
provided by this paragraph must be based on correcting to 7 percent oxygen
using this procedure.
4.
For the purposes of permit enforcement, compliance with the operating
requirements specified in the permit (under subparagraph (c) of this paragraph)
will be regarded as compliance with this subparagraph. However, evidence that
compliance with those permit conditions is insufficient to ensure compliance
with the requirements of this subparagraph may be "informatio" justifying
modification or revocation and re-issuance of a permit under Rule
0400-12-01-.07(9).
(g) Standards to Control Metals Emissions
[40 CFR
266.106]
1.
General
The owner or operator must comply with the metals standards
provided by parts 2, 3, 4, 5, or 6 of this subparagraph for each metal listed
in part 2 of this subparagraph that is present in the hazardous waste at
detectable levels by using appropriate analytical procedures.
2. Tier I Feed Rate Screening Limits
Feed rate screening limits for metals are specified in
Appendix I of this rule as a function of terrain-adjusted effective stack
height and terrain and land use in the vicinity of the facility. Criteria for
facilities that are not eligible to comply with the screening limits are
provided in subpart (vii) of this part.
(i) Noncarcinogenic Metals
The feed rates of antimony, barium, lead, mercury, thallium,
and silver in all feed streams, including hazardous waste, fuels, and
industrial furnace feed stocks shall not exceed the screening limits specified
in Appendix I of this rule.
(I) The
feed rate screening limits for antimony, barium, mercury, thallium, and silver
are based on either:
I. An hourly rolling
average as defined in subitem (c)5(vi)(I)II of this paragraph; or
II. An instantaneous limit not to be exceeded
at any time.
(II) The
feed rate screening limit for lead is based on one of the following:
I. An hourly rolling average as defined in
subitem (c)5(vi)(I)II of this paragraph;
II. An averaging period of 2 to 24 hours as
defined in item (c)5(vi)(II) of this paragraph with an instantaneous feed rate
limit not to exceed 10 times the feed rate that would be allowed on an hourly
rolling average basis; or
III. An
instantaneous limit not to be exceeded at any time.
(ii) Carcinogenic Metals
(I) The feed rates of arsenic, cadmium,
beryllium, and chromium in all feed streams, including hazardous waste, fuels,
and industrial furnace feed stocks shall not exceed values derived from the
screening limits specified in Appendix I of this rule. The feed rate of each of
these metals is limited to a level such that the sum of the ratios of the
actual feed rate to the feed rate screening limit specified in Appendix I shall
not exceed 1.0, as provided by the following equation:
Click
to view Image
where:
n = number of carcinogenic metals
AFR = actual feed rate to the device for metal "i"
FRSL = feed rate screening limit provided by Appendix I of
this part for metal "i".
(II) The feed rate screening limits for the
carcinogenic metals are based on either:
I. An
hourly rolling average; or
II. An
averaging period of 2 to 24 hours as defined in item (c)5(vi)(II) of this
paragraph with an instantaneous feed rate limit not to exceed 10 times the feed
rate that would be allowed on an hourly rolling average basis.
(iii) TESH
(I) The terrain-adjusted effective stack
height is determined according to the following equation:
Click
to view Image
where:
Ha = Actual physical stack height
H1 = Plume rise as determined from Appendix VI of this rule
as a function of stack flow rate and stack gas exhaust temperature.
Tr = Terrain rise within five kilometers of the stack.
(II) The stack height may not
exceed good engineering practice as specified in
40 CFR
51.100(ii).
(III) If the TESH for a particular facility
is not listed in the table in the appendices, the nearest lower TESH listed in
the table shall be used. If the TESH is four meters or less, a value of four
meters shall be used.
(iv) Terrain Type
The screening limits are a function of whether the facility
is located in noncomplex or complex terrain. A device located where any part of
the surrounding terrain within 5 kilometers of the stack equals or exceeds the
elevation of the physical stack height is considered to be in complex terrain
and the screening limits for complex terrain apply. Terrain measurements are to
be made from U.S. Geological Survey 7.5-minute topographic maps of the area
surrounding the facility.
(v) Land Use
The screening limits are a function of whether the facility
is located in an area where the land use is urban or rural. To determine
whether land use in the vicinity of the facility is urban or rural, procedures
provided in Appendix IX or Appendix X of this rule shall be used.
(vi) Multiple Stacks
Owners and operators of facilities with more than one on-site
stack from a boiler, industrial furnace, incinerator, or other thermal
treatment unit subject to controls of metals emissions under an operating
permit or interim status controls must comply with the screening limits for all
such units assuming all hazardous waste is fed into the device with the
worst-case stack based on dispersion characteristics. The worst-case stack is
determined from the following equation as applied to each stack:
K = HVT
Where:
K = a parameter accounting for relative influence of stack
height and plume rise;
H = physical stack height (meters);
V = stack gas flow rate
(m3/second); and
T = exhaust temperature (°K).
The stack with the lowest value of K is the worst-case
stack.
(vii) Criteria for
Facilities Not Eligible for Screening Limits
If any criteria below are met, the Tier I and Tier II
screening limits do not apply. Owners and operators of such facilities must
comply with either the Tier III standards provided by part 4 of this
subparagraph or with the adjusted Tier I feed rate screening limits provided by
part 5 of this subparagraph.
(I) The
device is located in a narrow valley less than one kilometer wide;
(II) The device has a stack taller than 20
meters and is located such that the terrain rises to the physical height within
one kilometer of the facility;
(III) The device has a stack taller than 20
meters and is located within five kilometers of a shoreline of a large body of
water such as an ocean or large lake;
(IV) The physical stack height of any stack
is less than 2.5 times the height of any building within five building heights
or five projected building widths of the stack and the distance from the stack
to the closest boundary is within five building heights or five projected
building widths of the associated building; or
(V) The Commissioner determines that
standards based on site-specific dispersion modeling are required.
(viii) Implementation
The feed rate of metals in each feedstream must be monitored
to ensure that the feed rate screening limits are not exceeded.
3. Tier II Emission Rate
Screening Limits
Emission rate screening limits are specified in Appendix I as
a function of terrain-adjusted effective stack height and terrain and land use
in the vicinity of the facility. Criteria for facilities that are not eligible
to comply with the screening limits are provided in subpart 2(vii) of this
subparagraph.
(i) Noncarcinogenic
Metals
The emission rates of antimony, barium, lead, mercury,
thallium, and silver shall not exceed the screening limits specified in
Appendix I of this rule.
(ii) Carcinogenic Metals
The emission rates of arsenic, cadmium, beryllium, and
chromium shall not exceed values derived from the screening limits specified in
Appendix I of this rule. The emission rate of each of these metals is limited
to a level such that the sum of the ratios of the actual emission rate to the
emission rate screening limit specified in Appendix I shall not exceed 1.0, as
provided by the following equation:
Click
to view Image
where:
n = number of carcinogenic metals
AER = actual emission rate for metal "i"
ERSL = emission rate screening limit provided by appendix I
of this part for metal "i".
(iii) Implementation
The emission rate limits must be implemented by limiting feed
rates of the individual metals to levels during the trial burn (for new
facilities or an interim status facility applying for a permit) or the
compliance test (for interim status facilities). The feed rate averaging
periods are the same as provided by items 2(i)(I) and (II) and 2(ii)(II) of
this subparagraph. The feed rate of metals in each feedstream must be monitored
to ensure that the feed rate limits for the feedstreams specified under
subparagraphs (c) or (d) of this paragraph are not exceeded.
(iv) Definitions and Limitations
The definitions and limitations provided by part 2 of this
subparagraph for the following terms also apply to the Tier II emission rate
screening limits provided by this part: terrain-adjusted effective stack
height, good engineering practice stack height, terrain type, land use, and
criteria for facilities not eligible to use the screening limits.
(v) Multiple Stacks
(I) Owners and operators of facilities with
more than one onsite stack from a boiler, industrial furnace, incinerator, or
other thermal treatment unit subject to controls on metals emissions under a
operating permit or interim status controls must comply with the emissions
screening limits for any such stacks assuming all hazardous waste is fed into
the device with the worst-case stack based on dispersion
characteristics.
(II) The
worst-case stack is determined by procedures provided in subpart 2(vi) of this
subparagraph.
(III) For each metal,
the total emissions of the metal from those stacks shall not exceed the
screening limit for the worst-case stack.
4. Tier III and Adjusted Tier I Site-specific
Risk Assessment
The requirements of this part apply to facilities complying
with either the Tier III or Adjusted Tier I controls, except where specified
otherwise.
(i) General
Conformance with the Tier III metals controls must be
demonstrated by emissions testing to determine the emission rate for each
metal. In addition, conformance with either the Tier III or Adjusted Tier I
metals controls must be demonstrated by air dispersion modeling to predict the
maximum annual average off-site ground level concentration for each metal, and
a demonstration that acceptable ambient levels are not exceeded.
(ii) Acceptable Ambient Levels
Appendices IV and V of this rule list the acceptable ambient levels for
purposes of this rule. Reference air concentrations (RACs) are listed for the
noncarcinogenic metals and 10-5 risk-specific doses
(RSDs) are listed for the carcinogenic metals. The RSD for a metal is the
acceptable ambient level for that metal provided that only one of the four
carcinogenic metals is emitted. If more than one carcinogenic metal is emitted,
the acceptable ambient level for the carcinogenic metals is a fraction of the
RSD as described in subpart (iii) of this part.
(iii) Carcinogenic Metals
For the carcinogenic metals, arsenic, cadmium, beryllium, and
chromium, the sum of the ratios of the predicted maximum annual average
off-site ground level concentrations (except that on-site concentrations must
be considered if a person resides on site) to the risk-specific dose (RSD) for
all carcinogenic metals emitted shall not exceed 1.0 as determined by the
following equation:
Click
to view Image
where: n = number of carcinogenic metals
(iv) Noncarcinogenic Metals
For the noncarcinogenic metals, the predicted maximum annual
average off-site ground level concentration for each metal shall not exceed the
reference air concentration (RAC).
(v) Multiple Stacks
Owners and operators of facilities with more than one on-site
stack from a boiler, industrial furnace, incinerator, or other thermal
treatment unit subject to controls on metals emissions under a operating permit
or interim status controls must conduct emissions testing (except that
facilities complying with Adjusted Tier I controls need not conduct emissions
testing) and dispersion modeling to demonstrate that the aggregate emissions
from all such on-site stacks do not result in an exceedance of the acceptable
ambient levels.
(vi)
Implementation
Under Tier III, the metals controls must be implemented by
limiting feed rates of the individual metals to levels during the trial burn
(for new facilities or an interim status facility applying for a permit) or the
compliance test (for interim status facilities). The feed rate averaging
periods are the same as provided by items 2(i)(I) and (II) and 2(ii)(II) of
this subparagraph. The feed rate of metals in each feedstream must be monitored
to ensure that the feed rate limits for the feedstreams specified under
subparagraph (c) or (d) of this paragraph are not exceeded.
5. Adjusted Tier I Feed Rate
Screening Limits
The owner or operator may adjust the feed rate screening
limits provided by appendix I of this part to account for site-specific
dispersion modeling. Under this approach, the adjusted feed rate screening
limit for a metal is determined by back-calculating from the acceptable ambient
level provided by Appendices IV and V of this rule using dispersion modeling to
determine the maximum allowable emission rate. This emission rate becomes the
adjusted Tier I feed rate screening limit. The feed rate screening limits for
carcinogenic metals are implemented as prescribed in subpart 2(ii) of this
subparagraph.
6. Alternative
Implementation Approaches
(i) The Commissioner
may approve on a case-by-case basis approaches to implement the Tier II or Tier
III metals emission limits provided by parts 3 or 4 of this subparagraph
alternative to monitoring the feed rate of metals in each feedstream.
(ii) The emission limits provided by part 4
of this subparagraph must be determined as follows:
(I) For each noncarcinogenic metal, by
back-calculating from the RAC provided in Appendix IV of this rule to determine
the allowable emission rate for each metal using the dilution factor for the
maximum annual average ground level concentration predicted by dispersion
modeling in conformance with part 8 of this subparagraph; and
(II) For each carcinogenic metal by:
I. Back-calculating from the RSD provided in
Appendix V of this rule to determine the allowable emission rate for each metal
if that metal were the only carcinogenic metal emitted using the dilution
factor for the maximum annual average ground level concentration predicted by
dispersion modeling in conformance with part 8 of this subparagraph;
and
II. If more than one
carcinogenic metal is emitted, selecting an emission limit for each
carcinogenic metal not to exceed the emission rate determined by subitem I of
this item such that the sum for all carcinogenic metals of the ratios of the
selected emission limit to the emission rate determined by that part does not
exceed 1.0.
7. Emission Testing
(i) General
Emission testing for metals shall be conducted using Method
0060, Determinations of Metals in Stack Emissions, EPA Publication SW-846,
listed in Rule
0400-12-01-.01(2)(b).
(ii) Hexavalent Chromium
Emissions of chromium are assumed to be hexavalent chromium
unless the owner or operator conducts emissions testing to determine hexavalent
chromium emissions using procedures prescribed in Method 0061, Determination of
Hexavalent Chromium Emissions from Stationary Sources, EPA Publication SW-846,
listed in Rule
0400-12-01-.01(2)(b).
8. Dispersion Modeling
Dispersion modeling required under this subparagraph shall be
conducted according to methods recommended in 40 CFR Part 51, Appendix W to
Part 51 ("Guideline on Air Quality Models (Revised" (1986) and its
supplements), the "Hazardous Waste Combustion Air Quality Screening Procedur",
provided in Appendix IX of this rule, or in Screening Procedures for Estimating
the Air Quality Impact of Stationary Sources, Revised (listed in Rule
0400-12-01-.01(2)(b))
to predict the maximum annual average off-site ground level concentration.
However, on-site concentrations must be considered when a person resides
on-site.
9. Enforcement
For the purposes of permit enforcement, compliance with the
operating requirements specified in the permit (under subparagraph (c) of this
paragraph) will be regarded as compliance with this subparagraph. However,
evidence that compliance with those permit conditions is insufficient to ensure
compliance with the requirements of this subparagraph may be "informatio"
justifying modification or revocation and re-issuance of a permit under Rule
0400-12-01-.07(9).
(h) Standards to Control Hydrogen Chloride
(HCl) and Chlorine Gas (Cl
2) Emissions [40 CFR
266.107]
1.
General
The owner or operator must comply with the hydrogen chloride
(HCl) and chlorine (Cl2) controls provided by part 2, 3,
or 5 of this subparagraph.
2. Screening Limits
(i) Tier I Feed Rate Screening Limits
Feed rate screening limits are specified for total chlorine
in Appendix II of this rule as a function of terrain-adjusted effective stack
height and terrain and land use in the vicinity of the facility. The feed rate
of total chlorine and chloride, both organic and inorganic, in all feed
streams, including hazardous waste, fuels, and industrial furnace feed stocks
shall not exceed the levels specified.
(ii) Tier II Emission Rate Screening Limits
Emission rate screening limits for HCl and
Cl2 are specified in Appendix III of this rule as a
function of terrain-adjusted effective stack height and terrain and land use in
the vicinity of the facility. The stack emission rates of HCl and
Cl2 shall not exceed the levels specified.
(iii) Definitions and Limitations
The definitions and limitations provided by part (g)2 of this
paragraph for the following terms also apply to the screening limits provided
by this subpart: terrain-adjusted effective stack height, good engineering
practice stack height, terrain type, land use, and criteria for facilities not
eligible to use the screening limits.
(iv) Multiple Stacks
Owners and operators of facilities with more than one on-site
stack from a boiler, industrial furnace, incinerator, or other thermal
treatment unit subject to controls on HCl or Cl2
emissions under a operating permit or interim status controls must comply with
the Tier I and Tier II screening limits for those stacks assuming all hazardous
waste is fed into the device with the worst-case stack based on dispersion
characteristics.
(I) The worst-case
stack is determined by procedures provided in subpart (g)2(vi) of this
paragraph.
(II) Under Tier I, the
total feed rate of chlorine and chloride to all subject devices shall not
exceed the screening limit for the worst-case stack.
(III) Under Tier II, the total emissions of
HCl and Cl2 from all subject stacks shall not exceed the
screening limit for the worst-case stack.
3. Tier III Site-specific Risk Assessments
(i) General
Conformance with the Tier III controls must be demonstrated
by emissions testing to determine the emission rate for HCl and
Cl2, air dispersion modeling to predict the maximum
annual average off-site ground level concentration for each compound, and a
demonstration that acceptable ambient levels are not exceeded.
(ii) Acceptable Ambient Levels
Appendix IV of this rule lists the reference air
concentrations (RACs) for HCl (7 micrograms per cubic meter) and
Cl2 (0.4 micrograms per cubic meter).
(iii) Multiple Stacks
Owners and operators of facilities with more than one on-site
stack from a boiler, industrial furnace, incinerator, or other thermal
treatment unit subject to controls on HCl or Cl2
emissions under a operating permit or interim status controls must conduct
emissions testing and dispersion modeling to demonstrate that the aggregate
emissions from all such on-site stacks do not result in an exceedance of the
acceptable ambient levels for HCl and Cl2.
4. Averaging Periods
The HCl and Cl2 controls are
implemented by limiting the feed rate of total chlorine and chloride in all
feedstreams, including hazardous waste, fuels, and industrial furnace feed
stocks. Under Tier I, the feed rate of total chloride and chlorine is limited
to the Tier I Screening Limits. Under Tier II and Tier III, the feed rate of
total chloride and chlorine is limited to the feed rates during the trial burn
(for new facilities or an interim status facility applying for a permit) or the
compliance test (for interim status facilities). The feed rate limits are based
on either:
(i) An hourly rolling
average as defined in subpart (c)5(vi) of this paragraph; or
(ii) An instantaneous basis not to be
exceeded at any time.
5.
Adjusted Tier I Feed Rate Screening Limits
The owner or operator may adjust the feed rate screening
limit provided by Appendix II of this rule to account for site-specific
dispersion modeling. Under this approach, the adjusted feed rate screening
limit is determined by back-calculating from the acceptable ambient level for
Cl2 provided by Appendix IV of this rule using
dispersion modeling to determine the maximum allowable emission rate. This
emission rate becomes the adjusted Tier I feed rate screening limit.
6. Emissions Testing
Emissions testing for HCl and Cl2
shall be conducted using the procedures described in Methods 0050 or 0051, EPA
Publication SW-846, listed in Rule
0400-12-01-.01(2)(b).
7. Dispersion Modeling
Dispersion modeling shall be conducted according to the
provisions of part (g)8 of this paragraph.
8. Enforcement
For the purposes of permit enforcement, compliance with the
operating requirements specified in the permit (under subparagraph (c) of this
paragraph) will be regarded as compliance with this subparagraph. However,
evidence that compliance with those permit conditions is insufficient to ensure
compliance with the requirements of this subparagraph may be "information"
justifying modification or revocation and re-issuance of a permit under Rule
0400-12-01-.07(9).
(i) Small Quantity On-site Burner Exemption
[40 CFR
266.108]
1.
Exempt Quantities
Owners and operators of facilities that burn hazardous waste
in an on-site boiler or industrial furnace are exempt from the requirements of
this subpart provided that:
(i) The
quantity of hazardous waste burned in a device for a calendar month does not
exceed the limits provided in the following table based on the terrain-adjusted
effective stack height as defined in subpart (g)2(iii) of this paragraph:
Exempt Quantities for Small Quantity Burner Exemption
|
Terrain-adjusted Effective Stack Height of Device
(meters)
|
Allowable Hazardous Waste Burning Rate
(gallons/month)
|
Terrain-adjusted Effective Stack Height of Device
(meters)
|
Allowable Hazardous Waste Burning Rate
(Gallons/month)
|
|
0 to 3.9
|
0
|
40.0 to 44.9
|
210
|
|
4.0 to 5.9
|
13
|
45.0 to 49.9
|
260
|
|
6.0 to 7.9
|
18
|
50.0 to 54.9
|
330
|
|
8.0 to 9.9
|
27
|
55.0 to 59.9
|
400
|
|
10.0 to 11.9
|
40
|
60.0 to 64.9
|
490
|
|
12.0 to 13.9
|
48
|
65.0 to 69.9
|
610
|
|
14.0 to 15.9
|
59
|
70.0 to 74.9
|
680
|
|
16.0 to 17.9
|
69
|
75.0 to 79.9
|
760
|
|
18.0 to 19.9
|
76
|
80.0 to 84.9
|
850
|
|
20.0 to 21.9
|
84
|
85.0 to 89.9
|
960
|
|
22.0 to 23.9
|
93
|
90.0 to 94.9
|
1,100
|
|
24.0 to 25.9
|
100
|
95.0 to 99.9
|
1,200
|
|
26.0 to 27.9
|
110
|
100.0 to 104.9
|
1,300
|
|
28.0 to 29.9
|
130
|
105.0 to 109.9
|
1,500
|
|
30.0 to 34.9
|
140
|
110.0 to 114.9
|
1,700
|
|
35.0 to 39.9
|
170
|
115.0 or greater
|
1,900
|
(ii)
The maximum hazardous waste firing rate does not exceed at any time 1 percent
of the total fuel requirements for the device (hazardous waste plus other fuel)
on a total heat input or mass input basis, whichever results in the lower mass
feed rate of hazardous waste.
(iii)
The hazardous waste has a minimum heating value of 5,000 Btu/lb, as generated;
and
(iv) The hazardous waste fuel
does not contain (and is not derived from) Hazardous Waste Codes F020, F021,
F022, F023, F026, or F027.
2. Mixing With Nonhazardous Fuels
If hazardous waste fuel is mixed with a nonhazardous fuel,
the quantity of hazardous waste before such mixing is used to comply with part
1 of this subparagraph.
3.
Multiple Stacks
If an owner or operator burns hazardous waste in more than
one on-site boiler or industrial furnace exempt under this subparagraph, the
quantity limits provided by subpart 1(i) of this subparagraph are implemented
according to the following equation:
Click
to view Image
where:
n means the number of stacks;
Actual Quantity Burned means the waste quantity burned per
month in device "i";
Allowed Quantity Burned means the maximum allowable exempt
quantity for stack "i" from the table in subpart 1(i) of this
subparagraph.
(Note: Hazardous wastes that are subject to the special
requirements for small quantity generators under Rule
0400-12-01-.02(1)(e)
may be burned in an off-site device under the exemption provided by
subparagraph (i) of this paragraph, but must be included in the quantity
determination for the exemption.)
4. Notification Requirements The owner or
operator of facilities qualifying for the small quantity burner exemption under
this subparagraph must provide a one-time signed, written notice to the
Department indicating the following:
(i) The
combustion unit is operating as a small quantity burner of hazardous
waste;
(ii) The owner and operator
are in compliance with the requirements of this subparagraph; and
(iii) The maximum quantity of hazardous waste
that the facility may burn per month as provided by subpart 1(i) of this
subparagraph.
5.
Recordkeeping Requirements
The owner or operator must maintain at the facility for at
least three years sufficient records documenting compliance with the hazardous
waste quantity, firing rate, and heating value limits of this subparagraph. At
a minimum, these records must indicate the quantity of hazardous waste and
other fuel burned in each unit per calendar month, and the heating value of the
hazardous waste.
(j) Low Risk Waste Exemption [40 CFR
266.109]
1.
Waiver of DRE Standard
The DRE standard of part (e)1 of this paragraph does not
apply if the boiler or industrial furnace is operated in conformance with
subpart (i) of this part and the owner or operator demonstrates by procedures
prescribed in subpart (ii) of this part that the burning will not result in
unacceptable adverse health effects.
(i) The device shall be operated as follows:
(I) A minimum of 50 percent of fuel fired to
the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or,
if approved by the Commissioner on a case-by-case basis, other nonhazardous
fuel with combustion characteristics comparable to fossil fuel. Such fuels are
termed "primary fue" for purposes of this subparagraph. (Tall oil is a fuel
derived from vegetable and rosin fatty acids.) The 50 percent primary fuel
firing rate shall be determined on a total heat or mass input basis, whichever
results in the greater mass feed rate of primary fuel fired;
(II) Primary fuels and hazardous waste fuels
shall have a minimum as-fired heating value of 8,000 Btu/lb;
(III) The hazardous waste is fired directly
into the primary fuel flame zone of the combustion chamber; and
(IV) The device operates in conformance with
the carbon monoxide controls provided by subpart (e)2(i) of this paragraph.
Devices subject to the exemption provided by this subparagraph are not eligible
for the alternative carbon monoxide controls provided by part (e)3 of this
paragraph.
(ii)
Procedures to demonstrate that the hazardous waste burning will not pose
unacceptable adverse public health effects are as follows:
(I) Identify and quantify those nonmetal
compounds listed in Appendix VIII of Rule
0400-12-01-.02(5)
that could reasonably be expected to be present in the hazardous waste. The
constituents excluded from analysis must be identified and the basis for their
exclusion explained;
(II) Calculate
reasonable, worst case emission rates for each constituent identified in item
(I) of this subpart by assuming the device achieves 99.9 percent destruction
and removal efficiency. That is, assume that 0.1 percent of the mass weight of
each constituent fed to the device is emitted;
(III) For each constituent identified in item
(I) of this subpart, use emissions dispersion modeling to predict the maximum
annual average ground level concentration of the constituent.
I. Dispersion modeling shall be conducted
using methods specified in part (g)8 of this paragraph.
II. Owners and operators of facilities with
more than one on-site stack from a boiler or industrial furnace that is exempt
under this subparagraph must conduct dispersion modeling of emissions from all
stacks exempt under this subparagraph to predict ambient levels prescribed by
this item;
(IV) Ground
level concentrations of constituents predicted under item (III) of this subpart
must not exceed the following levels:
I. For
the noncarcinogenic compounds listed in Appendix IV of this rule, the levels
established in Appendix IV;
II. For
the carcinogenic compounds listed in Appendix V of this rule, the sum for all
constituents of the ratios of the actual ground level concentration to the
level established in Appendix V cannot exceed 1.0; and
III. For constituents not listed in Appendix
IV or V, 0.1 micrograms per cubic meter.
2. Waiver of Particulate Matter
Standard
The particulate matter standard of subparagraph (f) of this
paragraph does not apply if:
(i) The
DRE standard is waived under part 1 of this subparagraph; and
(ii) The owner or operator complies with the
Tier I or adjusted Tier I metals feed rate screening limits provided by part
(g)2 or 5 of this paragraph.
(k) Waiver of DRE Trial Burn for Boilers
[40 CFR
266.110]
Boilers that operate under the special requirements of this
subparagraph, and that do not burn hazardous waste containing (or derived from)
Hazardous Waste Codes F020, F021, F022, F023, F026, or F027, are considered to
be in conformance with the DRE standard of part (e)1 of this paragraph, and a
trial burn to demonstrate DRE is waived. When burning hazardous waste:
1. A minimum of 50 percent of fuel fired to
the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or,
if approved by the Commissioner on a case-by-case basis, other nonhazardous
fuel with combustion characteristics comparable to fossil fuel. Such fuels are
termed "primary fue" for purposes of this subparagraph. (Tall oil is a fuel
derived from vegetable and rosin fatty acids.) The 50 percent primary fuel
firing rate shall be determined on a total heat or mass input basis, whichever
results in the greater mass feed rate of primary fuel fired;
2. Boiler load shall not be less than 40
percent. Boiler load is the ratio at any time of the total heat input to the
maximum design heat input;
3.
Primary fuels and hazardous waste fuels shall have a minimum as-fired heating
value of 8,000 Btu/lb, and each material fired in a burner where hazardous
waste is fired must have a heating value of at least 8,000 Btu/lb,
as-fired;
4. The device shall
operate in conformance with the carbon monoxide standard provided by subpart
(e)2(i) of this paragraph. Boilers subject to the waiver of the DRE trial burn
provided by this subparagraph are not eligible for the alternative carbon
monoxide standard provided by part (e)3 of this paragraph;
5. The boiler must be a watertube type boiler
that does not feed fuel using a stoker or stoker type mechanism; and
6. The hazardous waste shall be fired
directly into the primary fuel flame zone of the combustion chamber with an air
or steam atomization firing system, mechanical atomization system, or a rotary
cup atomization system under the following conditions:
(i) Viscosity
The viscosity of the hazardous waste fuel as-fired shall not
exceed 300 SSU;
(ii)
Particle Size
When a high pressure air or steam atomizer, low pressure
atomizer, or mechanical atomizer is used, 70% of the hazardous waste fuel must
pass through a 200 mesh (74 micron) screen, and when a rotary cup atomizer is
used, 70% of the hazardous waste must pass through a 100 mesh (150 micron)
screen;
(iii) Mechanical
Atomization Systems
Fuel pressure within a mechanical atomization system and fuel
flow rate shall be maintained within the design range taking into account the
viscosity and volatility of the fuel;
(iv) Rotary Cup Atomization Systems
Fuel flow rate through a rotary cup atomization system must
be maintained within the design range taking into account the viscosity and
volatility of the fuel.
(l) Standards for Direct Transfer
[40 CFR
266.111]
1.
Applicability
The regulations in this subparagraph apply to owners and
operators of boilers and industrial furnaces subject to subparagraphs (c) or
(d) of this paragraph if hazardous waste is directly transferred from a
transport vehicle to a boiler or industrial furnace without the use of a
storage unit.
2. Definitions
(i) When used in this subparagraph, the
following terms have the meanings given below:
"Direct transfer equipmen" means any device (including but
not limited to, such devices as piping, fittings, flanges, valves, and pumps)
that is used to distribute, meter, or control the flow of hazardous waste
between a container (i.e., transport vehicle) and a boiler or industrial
furnace.
"Containe" means any portable device in which hazardous waste
is transported, stored, treated, or otherwise handled, and includes transport
vehicles that are containers themselves (e.g., tank trucks, tanker-trailers,
and rail tank cars), and containers placed on or in a transport vehicle.
(ii) This subparagraph references
several requirements provided in paragraph (9) and (10) of Rules
0400-12-01-.05 and .06. For
purposes of this subparagraph, the term "tank system" in those referenced
requirements means direct transfer equipment as defined in subpart (i) of this
part.
3. General
Operating Requirements
(i) No direct transfer
of a pumpable hazardous waste shall be conducted from an open-top container to
a boiler or industrial furnace.
(ii) Direct transfer equipment used for
pumpable hazardous waste shall always be closed, except when necessary to add
or remove the waste, and shall not be opened, handled, or stored in a manner
that may cause any rupture or leak.
(iii) The direct transfer of hazardous waste
to a boiler or industrial furnace shall be conducted so that it does not:
(I) Generate extreme heat or pressure, fire,
explosion, or violent reaction;
(II) Produce uncontrolled toxic mists, fumes,
dusts, or gases in sufficient quantities to threaten human health;
(III) Produce uncontrolled flammable fumes or
gases in sufficient quantities to pose a risk of fire or explosions;
(IV) Damage the structural integrity of the
container or direct transfer equipment containing the waste;
(V) Adversely affect the capability of the
boiler or industrial furnace to meet the standards provided by subparagraph (e)
through (h) of this paragraph; or
(VI) Threaten human health or the
environment.
(iv)
Hazardous waste shall not be placed in direct transfer equipment, if it could
cause the equipment or its secondary containment system to rupture, leak,
corrode, or otherwise fail.
(v) The
owner or operator of the facility shall use appropriate controls and practices
to prevent spills and overflows from the direct transfer equipment or its
secondary containment systems. These include at a minimum:
(I) Spill prevention controls (e.g., check
valves, dry discount couplings); and
(II) Automatic waste feed cutoff to use if a
leak or spill occurs from the direct transfer equipment.
4. Areas Where Direct Transfer
Vehicles (containers) are Located
Applying the definition of container under this subparagraph,
owners and operators must comply with the following requirements:
(ii) The use and management requirements of
Rule
0400-12-01-.05(9),
except for Rule
0400-12-01-.05(9)(a) and
(9)(e), and except that in lieu of the
special requirements of Rule
0400-12-01-.05(9)(g)
for ignitable or reactive waste, the owner or operator may comply with the
requirements for the maintenance of protective distances between the waste
management area and any public ways, streets, alleys, or an adjacent property
line that can be built upon as required in Tables 2-1 through 2-6 of the
National Fire Protection Association's (NFPA) "Flammable and Combustible
Liquids Code" (1977 or 1981) (listed in Rule
0400-12-01-.01(2)(b)).
The owner or operator must obtain and keep on file at the facility a written
certification by the local Fire Marshall that the installation meets the
subject NFPA codes; and
5. Direct Transfer Equipment
Direct transfer equipment must meet the following
requirements:
(i) Secondary
Containment
Owners and operators shall comply with the secondary
containment requirements of Rule
0400-12-01-.05(10)(d),
except for parts 4, 5, and 9 of that rule as follows:
(I) For all new direct transfer equipment,
prior to their being put into service; and
(II) For existing direct transfer equipment
within 2 years after August 21, 1991.
(ii) Requirements Prior to Meeting Secondary
Containment Requirements
(I) For existing
direct transfer equipment that does not have secondary containment, the owner
or operator shall determine whether the equipment is leaking or is unfit for
use. The owner or operator shall obtain and keep on file at the facility a
written assessment reviewed and certified by a qualified, registered
professional engineer in accordance with Rule
0400-12-01-.07(2)(a)
10 that attests to the equipment's integrity by August 21, 1992.
(II) This assessment shall determine whether
the direct transfer equipment is adequately designed and has sufficient
structural strength and compatibility with the waste(s) to be transferred to
ensure that it will not collapse, rupture, or fail. At a minimum, this
assessment shall consider the following:
I.
Design standard(s), if available, according to which the direct transfer
equipment was constructed;
II.
Hazardous characteristics of the waste(s) that have been or will be
handled;
III. Existing corrosion
protection measures;
IV. Documented
age of the equipment, if available, (otherwise, an estimate of the age);
and
V. Results of a leak test or
other integrity examination such that the effects of temperature variations,
vapor pockets, cracks, leaks, corrosion, and erosion are accounted
for.
(III) If, as a
result of the assessment specified above, the direct transfer equipment is
found to be leaking or unfit for use, the owner or operator shall comply with
the requirements of Rules
0400-12-01-.05(10)(g)
1 and 2.
(iii)
Inspections and Recordkeeping
(I) The owner
or operator must inspect at least once each operating hour when hazardous waste
is being transferred from the transport vehicle (container) to the boiler or
industrial furnace:
I. Overfill/spill control
equipment (e.g., waste-feed cutoff systems, bypass systems, and drainage
systems) to ensure that it is in good working order;
II. The above ground portions of the direct
transfer equipment to detect corrosion, erosion, or releases of waste (e.g.,
wet spots, dead vegetation); and
III. Data gathered from monitoring equipment
and leak-detection equipment, (e.g., pressure and temperature gauges) to ensure
that the direct transfer equipment is being operated according to its
design.
(II) The owner or
operator must inspect cathodic protection systems, if used, to ensure that they
are functioning properly according to the schedule provided by Rule
0400-12-01-.05(10)(f)
2.
(III) Records of inspections
made under this subpart shall be maintained in the operating record at the
facility, and available for inspection for at least 3 years from the date of
the inspection.
(iv)
Design and Installation of New Ancillary Equipment
Owners and operators must comply with the requirements of
Rule 0400-12-01-.05(10)(c).
(v) Response to Leaks or Spills
Owners and operators must comply with the requirements of
Rule 0400-12-01-.05(10)(g).
(vi) Closure
Owners and operators must comply with the requirements of
Rule 0400-12-01-.05(10)(h),
except for subparts 3(ii) through 3(iv) of that
rule.
(m) Regulation of Residues [40 CFR
266.112]
A residue derived from the burning or processing of hazardous
waste in a boiler or industrial furnace is not excluded from the definition of
a hazardous waste under subparts (1)(d)2(iv), (vii), or (viii) of Rule
0400-12-01-.02 unless the device
and the owner or operator meet the following requirements:
1. The device meets the following criteria:
(i) Boilers
Boilers must burn at least 50% coal on a total heat input or
mass input basis, whichever results in the greater mass feed rate of
coal;
(ii) Ore or Mineral
Furnaces
Industrial furnaces subject to subpart (1)(d)2(vii) of Rule
0400-12-01-.02 must process at
least 50% by weight normal, nonhazardous raw materials;
(iii) Cement Kilns
Cement kilns must process at least 50% by weight normal
cement-production raw materials;
2. The owner or operator demonstrates that
the hazardous waste does not significantly affect the residue by demonstrating
conformance with either of the following criteria:
(i) Comparison of Waste-derived Residue With
Normal Residue The waste-derived residue must not contain Appendix VIII,
paragraph (30) of Rule
0400-12-01-.02 constituents
(toxic constituents) that could reasonably be attributable to the hazardous
waste at concentrations significantly higher than in residue generated without
burning or processing of hazardous waste, using the following procedure. Toxic
compounds that could reasonably be attributable to burning or processing the
hazardous waste (constituents of concern) include toxic constituents in the
hazardous waste, and the organic compounds listed in Appendix VIII of this rule
that may be generated as products of incomplete combustion. For polychlorinated
dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses must be
performed to determine specific congeners and homologues, and the results
converted to 2, 3, 7, 8-TCDD equivalent values using the procedure specified in
section 4.0 of the Methods Manual for Compliance with the BIF Regulations. (See
Appendix IX of this rule.)
(I) Normal Residue
Concentrations of toxic constituents of concern in normal
residue shall be determined based on analyses of a minimum of 10 samples
representing a minimum of 10 days of operation. Composite samples may be used
to develop a sample for analysis provided that the compositing period does not
exceed 24 hours. The upper tolerance limit (at 95% confidence with a 95%
proportion of the sample distribution) of the concentration in the normal
residue shall be considered the statistically-derived concentration in the
normal residue. If changes in raw materials or fuels reduce the
statistically-derived concentrations of the toxic constituents of concern in
the normal residue, the statistically-derived concentrations must be revised or
statistically-derived concentrations of toxic constituents in normal residue
must be established for a new mode of operation with the new raw material or
fuel. To determine the upper tolerance limit in the normal residue, the owner
or operator shall use statistical procedures prescribed in "Statistical
Methodology for Bevill Residue Determination" in Appendix IX of this
rule.
(II) Waste-derived
Residue
Waste-derived residue shall be sampled and analyzed as often
as necessary to determine whether the residue generated during each 24-hour
period has concentrations of toxic constituents that are higher than the
concentrations established for the normal residue under item (I) of this
subpart. If so, hazardous waste burning has significantly affected the residue
and the residue shall not be excluded from the definition of a hazardous waste.
Concentrations of toxic constituents of concern in the waste-derived residue
shall be determined based on analysis of one or more samples obtained over a
24-hour period. Multiple samples may be analyzed, and multiple samples may be
taken to form a composite sample for analysis provided that the sampling period
does not exceed 24 hours. If more than one sample is analyzed to characterize
waste-derived residues generated over a 24-hour period, the concentration of
each toxic constituent shall be the arithmetic mean of the concentrations in
the samples. No results may be disregarded; or
(ii) Comparison of Waste-derived Residue
Concentrations With Health-based Limits
(I)
Nonmetal Constituents
The concentration of each nonmetal toxic constituent of
concern (specified in subpart (i) of this part) in the waste-derived residue
must not exceed the health-based level specified in Appendix VII of this rule,
or the level of detection, whichever is higher. If a health-based limit for a
constituent of concern is not listed in Appendix VII of this rule, then a limit
of 0.002 micrograms per kilogram or the level of detection (which must be
determined by using appropriate analytic procedures), whichever is higher, must
be used. The levels specified in Appendix VII of this rule (and the default
level of 0.002 micrograms per kilogram or the level of detection for
constituents as identified in Note 1 of Appendix VII of this rule) are
administratively stayed under the condition, for those constituents specified
in subpart (i) of this part, that the owner or operator complies with
alternative levels defined as the land disposal restriction limits specified in
subparagraph (3)(d) of Rule
0400-12-01-.10 for F039
nonwastewaters. In complying with those alternative levels, if an owner or
operator is unable to detect a constituent despite documenting use of best
good-faith efforts as defined by applicable Department guidance or standards,
the owner or operator is deemed to be in compliance for that constituent. Until
new guidance or standards are developed, the owner or operator may demonstrate
such good-faith efforts by achieving a detection limit for the constituent that
does not exceed an order of magnitude above the level provided by subparagraph
(3)(d) of Rule
0400-12-01-.10 for F039
nonwastewaters. In complying with the subparagraph (3)(d) of Rule
0400-12-01-.10 F039
nonwastewater levels for polychlorinated dibenzo-p-dioxins and polychlorinated
dibenzo-furans, analyses must be performed for total
hexachlorodibenzo-p-dioxins, total hexachlorodibenzofurans, total
pentachlorobibenzo-p-dioxins, total pentachlorodibenzofurans, total
tetrachlorodibenzo-p-dioxins, and total tetrachlorodibenzofurans.
(Note: The administrative stay, under the condition that the
owner or operator complies with alternative levels defined as the land disposal
restriction limits specified in
40 CFR §
268.43 for F039 nonwastewaters, remains in
effect until further administrative action is taken and notice is published in
the Federal Register and the Code of Federal Regulations.)
(II) Metal Constituents
The concentration of metals in an extract obtained using the
Toxicity Characteristic Leaching Procedure of subparagraph (3)(e) of Rule
0400-12-01-.02 must not exceed
the levels specified in Appendix VII of this rule; and
(III) Sampling and Analysis
Waste-derived residue shall be sampled and analyzed as often
as necessary to determine whether the residue generated during each 24-hour
period has concentrations of toxic constituents that are higher than the
health-based levels. Concentrations of toxic constituents of concern in the
waste-derived residue shall be determined based on analysis of one or more
samples obtained over a 24-hour period. Multiple samples may be analyzed, and
multiple samples may be taken to form a composite sample for analysis provided
that the sampling period does not exceed 24 hours. If more than one sample is
analyzed to characterize waste-derived residues generated over a 24-hour
period, the concentration of each toxic constituent shall be the arithmetic
mean of the concentrations in the samples. No results may be disregarded;
and
3.
Records sufficient to document compliance with the provisions of this
subparagraph shall be retained until closure of the boiler or industrial
furnace unit. At a minimum, the following shall be recorded.
(i) Levels of constituents in Appendix VIII
in paragraph (30) of Rule
0400-12-01-.02, that are present
in waste-derived residues;
(ii) If
the waste-derived residue is compared with normal residue under subpart 2(i) of
this subparagraph:
(I) The levels of
constituents in Appendix VIII in paragraph (30) of Rule
0400-12-01-.02, that are present
in normal residues; and
(II) Data
and information, including analyses of samples as necessary, obtained to
determine if changes in raw materials or fuels would reduce the concentration
of toxic constituents of concern in the normal
residue.
(9) through (12) (RESERVED) [40 CFR
266 Subparts I through L]
(13) Military Munitions [40 CFR
266 Subpart M]
(a) Applicability [40 CFR
266.200]
1. The regulations in this paragraph identify
when military munitions become a solid waste, and, if these wastes are also
hazardous under this paragraph or Rule
0400-12-01-.02, the management
standards that apply to these wastes.
2. Unless otherwise specified in this
paragraph, all applicable requirements in Rule
0400-12-01-.01 through .10 apply
to waste military munitions.
(b) Definitions [40 CFR
266.201]
In addition to the definitions in Rule
0400-12-01-.01(2)(a),
the following definitions apply to this paragraph:
"Active rang" means a military range that is currently in
service and is being regularly used for range activities.
"Chemical agents and munition" are defined as in
50 U.S.C. section
1521(j)(1).
"Explosives or munitions emergency response specialis" is as
defined in Rule
0400-12-01-.01(2)(a).
"Explosives or munitions emergenc" is as defined in Rule
0400-12-01-.01(2)(a).
"Explosives or munitions emergency respons" is as defined in
Rule 0400-12-01-.01(2)(a).
"Inactive rang" means a military range that is not currently
being used, but that is still under military control and considered by the
military to be a potential range area, and that has not been put to a new use
that is incompatible with range activities.
"Militar" means the Department of Defense (DOD), the Armed
Services, Coast Guard, National Guard, Department of Energy (DOE), or other
parties under contract or acting as an agent for the foregoing, who handle
military munitions.
"Military munition" is as defined in Rule
0400-12-01-.01(2)(a).
"Military rang" means designated land and water areas set
aside, managed, and used to conduct research on, develop, test, and evaluate
military munitions and explosives, other ordnance, or weapon systems, or to
train military personnel in their use and handling. Ranges include firing lines
and positions, maneuver areas, firing lanes, test pads, detonation pads, impact
areas, and buffer zones with restricted access and exclusionary areas.
"Unexploded ordnance (UXO" means military munitions that have
been primed, fused, armed, or otherwise prepared for action, and have been
fired, dropped, launched, projected, or placed in such a manner as to
constitute a hazard to operations, installation, personnel, or material and
remain unexploded either by malfunction, design, or any other cause.
(c) Definition of Solid Waste
[40 CFR
266.202]
1.
A military munition is not a solid waste when:
(i) Used for its intended purpose, including:
(I) Use in training military personnel or
explosives and munitions emergency response specialists (including training in
proper destruction of unused propellant or other munitions); or
(II) Use in research, development, testing,
and evaluation of military munitions, weapons, or weapon systems; or
(III) Recovery, collection, and on-range
destruction of unexploded ordnance and munitions fragments during range
clearance activities at active or inactive ranges. However, "use for intended
purpos" does not include the on-range disposal or burial of unexploded ordnance
and contaminants when the burial is not a result of product
use.
(ii) An unused
munition, or component thereof, is being repaired, reused, recycled, reclaimed,
disassembled, reconfigured, or otherwise subjected to materials recovery
activities, unless such activities involve use constituting disposal as defined
in Rule
0400-12-01-.02(1)(b)
3(i), or burning for energy recovery as defined in Rule
0400-12-01-.02(1)(b)
3(ii).
2. An unused
military munition is a solid waste when any of the following occurs:
(i) The munition is abandoned by being
disposed of, burned, detonated (except during intended use as specified in part
1 of this subparagraph), incinerated, or treated prior to disposal;
or
(ii) The munition is removed
from storage in a military magazine or other storage area for the purpose of
being disposed of, burned, or incinerated, or treated prior to disposal;
or
(iii) The munition is
deteriorated or damaged (e.g., the integrity of the munition is compromised by
cracks, leaks, or other damage) to the point that it cannot be put into
serviceable condition, and cannot reasonably be recycled or used for other
purposes; or
(iv) The munition has
been declared a solid waste by an authorized military
official.
3. A used or
fired military munition is a solid waste:
(i)
When transported off range or from the site of use, where the site of use is
not a range, for the purposes of storage, reclamation, treatment, disposal, or
treatment prior to disposal; or
(ii) If recovered, collected, and then
disposed of by burial, or landfilling either on or off a
range.
4. For purposes of
Tennessee Code Annotated (T.C.A.) §
68-212-104(17), a
used or fired military munition is a solid waste, and, therefore, is
potentially subject to corrective action authorities under T.C.A. §§
68-212-108(l),
and 68-212-111, or imminent and
substantial endangerment authorities under T.C.A. §
68-212-105, T.C.A. §
68-212-111, T.C.A. §
68-212-114, and T.C.A. §
68-212-115, if the munition lands
off-range and is not promptly rendered safe and/or retrieved. Any imminent and
substantial threats associated with any remaining material must be addressed.
If remedial action is infeasible, the operator of the range must maintain a
record of the event for as long as any threat remains. The record must include
the type of munition and its location (to the extent the location is
known).
(d) Standards
Applicable to the Transportation of Solid Waste Military Munition
[40 CFR
266.203]
1.
Criteria for hazardous waste regulation of waste non-chemical military
munitions in transportation.
(i) Waste
military munitions that are being transported and that exhibit a hazardous
waste characteristic or are listed as hazardous waste under Rule
0400-12-01-.02, are listed or
identified as a hazardous waste (and thus are subject to regulation under Rule
0400-12-01-.01 through .10),
unless all the following conditions are met:
(I) The waste military munitions are not
chemical agents or chemical munitions;
(II) The waste military munitions must be
transported in accordance with the Department of Defense shipping controls
applicable to the transport of military munitions;
(III) The waste military munitions must be
transported from a military owned or operated installation to a military owned
or operated treatment, storage, or disposal facility; and
(IV) The transporter of the waste must
provide oral notice to the Division Director within 24 hours from the time the
transporter becomes aware of any loss or theft of the waste military munitions
or any failure to meet a condition of this subpart that may endanger health or
the environment. In addition, a written submission describing the circumstances
shall be provided within 5 days from the time the transporter becomes aware of
any loss or theft of the waste military munitions or any failure to meet a
condition of this subpart.
(ii) If any waste military munitions shipped
under subpart (i) of this part are not received by the receiving facility
within 45 days of the day the waste was shipped, the owner or operator of the
receiving facility must report this non-receipt to the Director within 5
days.
(iii) The exemption in
subpart (i) of this part from regulation as hazardous waste shall apply only to
the transportation of non-chemical waste military munitions. It does not affect
the regulatory status of waste military munitions as hazardous wastes with
regard to storage, treatment or disposal.
(iv) The conditional exemption in subpart (i)
of this part applies only so long as all of the conditions in subpart (i) of
this part are met.
2.
Reinstatement of exemption. If any waste military munition loses its exemption
under subpart 1(i) of this subparagraph, an application may be filed with the
Commissioner for reinstatement of the exemption from hazardous waste
transportation regulation with respect to such munition as soon as the munition
is returned to compliance with the conditions of subpart 1(i) of this
subparagraph. If the Commissioner finds that reinstatement of the exemption is
appropriate based on factors such as the transporter's provision of a
satisfactory explanation of the circumstances of the violation or a
demonstration that the violations are not likely to recur, the Commissioner may
reinstate the exemption under subpart 1(i) of this subparagraph. If the
Commissioner does not take action on the reinstatement application within 60
days after receipt of the application, then reinstatement shall be deemed
granted, retroactive to the date of the application. However, the Commissioner
may terminate a conditional exemption reinstated by default in the preceding
sentence if the Commissioner finds that reinstatement is inappropriate based on
factors such as the transporter's failure to provide a satisfactory explanation
of the circumstances of the violation or failure to demonstrate that the
violations are not likely to recur. In reinstating the exemption under subpart
1(i) of this subparagraph, the Commissioner may specify additional conditions
as are necessary to ensure and document proper transportation to protect human
health and the environment.
3.
Amendments to DOD shipping controls. The Department of Defense shipping
controls applicable to the transport of military munitions referenced in item
1(i)(II) of this subparagraph are Government Bill of Lading (GBL) (GSA Standard
Form 1109), requisition tracking form DD Form 1348, the Signature and Talley
Record (DD Form 1907), Special Instructions for Motor Vehicle Drivers (DD Form
836), and the Motor Vehicle Inspection Report (DD Form 626) in effect on
November 8, 1995, except as provided in the following sentence. Any amendments
to the Department of Defense shipping controls shall become effective for
purposes of subpart 1(i) of this subparagraph on the date the Department of
Defense publishes notice in the Federal Register that the shipping controls
referenced in item 1(i)(II) of this subparagraph have been amended.
(e) Standards Applicable to
Emergency Responses [40 CFR
266.204]
Explosives and munitions emergencies involving military
munitions or explosives are subject to Rules
0400-12-01-.03(1)(a)
10, .04(1)(a)6, .06(1)(b)2(vii), .05(1)(b)2(vii), and .07(1)(b)5, or
alternatively to .07(1)(d).
(f) Standards Applicable to the Storage of
Solid Waste Military Munitions [40 CFR
266.205]
1. Criteria for hazardous waste regulation of
waste non-chemical military munitions in storage.
(i) Waste military munitions in storage that
exhibit a hazardous waste characteristic or are listed as hazardous waste under
Rule
0400-12-01-.02 are listed or
identified as a hazardous waste (and thus are subject to regulation under Rules
0400-12-01-.01 through .10),
unless all the following conditions are met:
(I) The waste military munitions are not
chemical agents or chemical munitions.
(II) The waste military munitions must be
subject to the jurisdiction of the Department of Defense Explosives Safety
Board (DDESB).
(III) The waste
military munitions must be stored in accordance with the DDESB storage
standards applicable to waste military munitions.
(IV) Within 90 days of August 12, 1997 or
within 90 days of when a storage unit is first used to store waste military
munitions, whichever is later, the owner or operator must notify the
Commissioner of the location of any waste storage unit used to store waste
military munitions for which the conditional exemption in subpart (i) of this
part is claimed.
(V) The owner or
operator must provide oral notice to the Commissioner within 24 hours from the
time the owner or operator becomes aware of any loss or theft of the waste
military munitions or any failure to meet a condition of subpart (i) of this
part that may endanger health or the environment. In addition, a written
submission describing the circumstances shall be provided within 5 days from
the time the owner or operator becomes aware of any loss or theft of the waste
military munitions or any failure to meet a condition of subpart (i) of this
part.
(VI) The owner or operator
must inventory the waste military munitions at least annually, must inspect the
waste military munitions at least quarterly for compliance with the conditions
of subpart (i) of this part, and must maintain records of the findings of these
inventories and inspections for at least three years.
(VII) Access to the stored waste military
munitions must be limited to appropriately trained and authorized
personnel.
(ii) The
conditional exemption in subpart (i) of this part from regulation as hazardous
waste shall apply only to the storage of non-chemical waste military munitions.
It does not affect the regulatory status of waste military munitions as
hazardous wastes with regard to transportation, treatment or
disposal.
(iii) The conditional
exemption in subpart (i) of this part applies only so long as all of the
conditions in subpart (i) of this part are met.
2. Notice of termination of waste storage.
The owner or operator must notify the Commissioner when a storage unit
identified in subpart 1(i) of this subparagraph will no longer be used to store
waste military munitions.
3.
Reinstatement of conditional exemption. If any waste military munition loses
its conditional exemption under subpart 1(i) of this subparagraph, an
application may be filed with the Commissioner for reinstatement of the
conditional exemption from hazardous waste storage regulation with respect to
such munition as soon as the munition is returned to compliance with the
conditions of subpart 1(i) of this subparagraph. If the Commissioner finds that
reinstatement of the conditional exemption is appropriate based on factors such
as the owner's or operator's provision of a satisfactory explanation of the
circumstances of the violation or a demonstration that the violations are not
likely to recur, the Commissioner may reinstate the conditional exemption under
subpart 1(i) of this subparagraph. If the Commissioner does not take action on
the reinstatement application within 60 days after receipt of the application,
then reinstatement shall be deemed granted, retroactive to the date of the
application. However, the Commissioner may terminate a conditional exemption
reinstated by default in the preceding sentence if he/she finds that
reinstatement is inappropriate based on factors such as the owner's or
operator's failure to provide a satisfactory explanation of the circumstances
of the violation or failure to demonstrate that the violations are not likely
to recur. In reinstating the conditional exemption under subpart 1(i) of this
subparagraph, the Commissioner may specify additional conditions as are
necessary to ensure and document proper storage to protect human health and the
environment.
4. Waste chemical
munitions.
(i) Waste military munitions that
are chemical agents or chemical munitions and that exhibit a hazardous waste
characteristic or are listed as hazardous waste under Rule
0400-12-01-.02, are listed or
identified as a hazardous waste and shall be subject to the applicable
regulatory requirements of Chapter 0400-12-01.
(ii) Waste military munitions that are
chemical agents or chemical munitions and that exhibit a hazardous waste
characteristic or are listed as hazardous waste under Rule
0400-12-01-.02 are not subject
to the storage prohibition in Rule
0400-12-01-.10(4)(a).
5. Amendments to DDESB storage
standards. The DDESB storage standards applicable to waste military munitions,
referenced in item 1(i)(III) of this subparagraph, are DOD 6055.9-STD ("DOD
Ammunition and Explosive Safety Standard"), in effect on November 8, 1995,
except as provided in the following sentence. Any amendments to the DDESB
storage standards shall become effective for purposes of subpart 1(i) of this
subparagraph on the date the Department of Defense publishes notice in the
Federal Register that the DDESB standards referenced in subpart 1(i) of this
subparagraph have been amended.
(g) Standards Applicable to the Treatment and
Disposal of Waste Military Munitions [40 CFR
266.206]
The treatment and disposal of hazardous waste military
munitions are subject to the applicable permitting, procedural, and technical
standards in Rules
0400-12-01-.01 through
.10.
(14)
Conditional Exemption for Low-Level Mixed Waste Storage, Treatment,
Transportation and Disposal (40 CFR
266 Subpart N)
(a) Definitions
1. What definitions apply to this subpart?
(266.210)
This part uses the following special definitions:
"Agreement Stat" means a state that has entered into an
agreement with the NRC under subsection 274b of the Atomic Energy Act of 1954,
as amended (68 Stat. 919), to assume responsibility for regulating within its
borders byproduct, source, or special nuclear material in quantities not
sufficient to form a critical mass.
"Certified Deliver" means certified mail with return receipt
requested, or equivalent courier service, or other means that provides the
sender with a receipt confirming delivery.
"Commissione" refers to the definition in Rule
0400-12-01-.01(2)(a).
"Eligible Naturally Occurring and/or Accelerator-produced
Radioactive Material (NARM" is NARM that is eligible for the Transportation and
Disposal Conditional Exemption. It is a NARM waste that contains hazardous
waste, meets the waste acceptance criteria of, and is allowed by Sate NARM
regulations to be disposed of at a low-level radioactive waste disposal
facility (LLRWDF) licensed in accordance with 10 CFR Part 61 or NRC Agreement
State equivalent regulations.
"Exempted Wast" means a waste that meets the eligibility
criteria in part (b)6 of this paragraph and meets all of the conditions in part
(b)11 of this paragraph, or meets the eligibility criteria in part (m)1 of this
paragraph and complies with all the conditions in part (n)1 of this paragraph.
Such waste is conditionally exempted from the regulatory definition of
hazardous waste described in Rule
0400-12-01-.02(1)(c).
"Hazardous Wast" means any material which is defined to be
hazardous waste in accordance with Rule
0400-12-01-.02(1)(c),
"Definition of Hazardous Wast".
"Land Disposal Restriction (LDR) Treatment Standard" means
treatment standards, under Rule
0400-12-01-.10 that a hazardous
waste must meet before it can be disposed of in a hazardous waste land disposal
unit.
"Licens" means a license issued by the Nuclear Regulatory
Commission, or NRC Agreement State, to users that manage radionuclides
regulated by NRC, or NRC Agreement States, under authority of the Atomic Energy
Act of 1954, as amended.
"Low-Level Mixed Waste (LLMW" is a waste that contains both
low-level radioactive waste and hazardous waste.
"Low-Level Radioactive Waste (LLW" is a radioactive waste
which contains source, special nuclear, or byproduct material, and which is not
classified as high-level radioactive waste, transuranic waste, spent nuclear
fuel, or byproduct material as defined in section 11e.(2) of the Atomic Energy
Act. (See also NRC definition of "wast" at
10 CFR
61.2.) "Mixed Wast" means a waste that
contains both hazardous waste and source, special nuclear, or byproduct
material subject to the Atomic Energy Act of 1954, as amended.
"Naturally Occurring and/or Accelerator-produced Radioactive
Material (NARM" means radioactive materials that:
(i) Are naturally occurring and are not
source, special nuclear, or byproduct materials (as defined by the AEA)
or
(ii) Are produced by an
accelerator. NARM is regulated by the States under
State law or by DOE (as authorized by the AEA) under DOE
orders.
"NR" means the U.S. Nuclear Regulatory Commission.
"W" or "U" within this paragraph means the Commissioner as
defined in Rule
0400-12-01-.01(2)(a).
"Yo" means a generator, treater, or other handler of
low-level mixed waste or eligible NARM.
2. through 5. (RESERVED)
(b) Storage and Treatment Conditional
Exemption and Eligibility
1. What does a
storage and treatment conditional exemption do? (266.220)
The storage and treatment conditional exemption exempts your
low-level mixed Waste from the regulatory definition of hazardous waste in Rule
0400-12-01-.02(1)(c)
if your waste meets the eligibility criteria in part 6 of this subparagraph and
you meet the conditions in part 11 of this subparagraph.
2. through 5. (RESERVED)
6. What wastes are eligible for the storage
and treatment conditional exemption? (266.225)
Low-level mixed waste (LLMW), defined in part (a)1 of this
paragraph for this conditional exemption if it is generated and managed by you
under a single NRC or NRC Agreement State license. (Mixed waste generated at a
facility with a different license number and shipped to your facility for
storage or treatment requires a permit and is ineligible for this exemption. In
addition, NARM waste is ineligible for this exemption.)
7. through 10. (RESERVED)
11. What conditions must you meet for your
LLMW to qualify for and maintain a storage and treatment exemption? (266.230)
(i) For your LLMW to qualify for the
exemption you must notify us in writing by certified delivery that you are
claiming a conditional exemption for the LLMW stored on your facility. The
dated notification must include your name, address, installation identification
number, NRC or NRC Agreement State license number, the hazardous waste code(s)
and storage unit(s) for which you are seeking an exemption, and a statement
that you meet the conditions of this paragraph. Your notification must be
signed by your authorized representative who certifies that the information in
the notification is true, accurate, and complete. You must notify us of your
claim either within 90 days of the effective date of this rule or within 90
days of when a storage unit is first used to store conditionally exempt
LLMW.
(ii) To qualify for and
maintain an exemption for your LLMW you must:
(I) Store your LLMW waste in tanks or
containers in compliance with the requirements of your license that apply to
the proper storage of low-level radioactive waste (not including those license
requirements that relate solely to recordkeeping);
(II) Store your LLMW in tanks or containers
in compliance with chemical compatibility requirements of a tank or container
in subparagraph (9)(h) or (10)(j) of Rule
0400-12-01-.05 or subparagraph
(9)(h) or (10)(j) or Rule
0400-12-01-.06;
(III) Certify that facility personnel who
manage stored conditionally Exempt LLMW are trained in a manner that ensures
that the conditionally exempt waste is safely managed and includes training in
chemical waste management and hazardous materials incidents response that meets
the personnel training standards found in subpart (2)(g)1(iii) of Rule
0400-12-01-.05;
(IV) Conduct an inventory of your stored
conditionally exempt LLMW at least annually and inspect it at least quarterly
for compliance with this paragraph; and
(V) Maintain an accurate emergency plan and
provide it to all local authorities who may have to respond to a fire,
explosion, or release of hazardous waste or hazardous constituents. Your plan
must describe emergency response arrangements with local authorities; describe
evacuation plans; list the names, addresses, and telephone numbers of all
facility personnel qualified to work with local authorities as emergency
coordinators; and list emergency equipment.
12. through 15.
(RESERVED)
(c) Treatment
1. What waste treatment does the storage and
treatment conditional exemption allow? (266.235) You may treat your low-level
mixed waste at your facility within a tank or container in accordance with the
terms of your NRC or NRC Agreement State license. Treatment that cannot be done
in a tank or container without a permit (such as incineration) is not allowed
under this exemption.
2. through 5.
(RESERVED)
(d) Loss of
Conditional Exemption
1. How could you lose
the conditional exemption for your LLMW and what action must you take?
(266.240)
(i) Your LLMW will automatically
lose the storage and treatment conditional exemption if you fail to meet any of
the conditions specified in part (b)11 of this paragraph. When your LLMW loses
the exemption, you must immediately manage that waste which failed the
condition as hazardous waste, and the storage unit storing the LLMW immediately
becomes subject to hazardous waste container and/or tank storage requirements.
(I) If you fail to meet any of the conditions
specified in part (b)11 of this paragraph you must report to us and the NRC, or
the oversight agency in the NRC Agreement State, in writing by certified
delivery within 30 days of learning of the failure. Your report must be signed
by your authorized representative certifying that the information provided is
true, accurate, and complete. This report must include:
I. The specific condition(s) you failed to
meet;
II. A description of the LLMW
(including the waste name, hazardous waste codes and quantity) and storage
location at the facility; and
III.
The date(s) on which you failed to meet the condition(s).
(II) If the failure to meet any of the
conditions may endanger human health or the environment, you must also
immediately notify us orally within 24 hours and follow up with a written
notification within five days. Failures that may endanger human health or the
environment include, but are not limited to, discharge of a CERCLA reportable
quantity or other leaking or exploding tanks or containers, or detection of
radionuclides above background or hazardous constituents in the leachate
collection system of a storage area. If the failure may endanger human health
or the environmental, you must follow the provisions of your emergency
plan.
(ii) We may
terminate your conditional exemption for your LLMW, or require you to meet
additional conditions to claim a conditional exemption, for serious or repeated
noncompliance with any requirement(s) of this paragraph.
2. through 5. (RESERVED)
6. If you lose the storage and treatment
conditional exemption for your LLMW, can the exemption be reclaimed? (266.245)
(i) You may reclaim the storage and treatment
for your LLMW if:
(I) You again meet the
conditions specified in part (b)11 of this paragraph;
(II) You send us a notice by certified
delivery that you are reclaiming the exemption for your LLMW. Your notice must
be signed by your authorized representative certifying that the information
contained in your notice is true, complete, and accurate. In your notice you
must do the following:
I. Explain the
circumstances of each failure.
II.
Certify that you have corrected each failure that caused you to lose the
exemption for your LLMW and that you again meet all the conditions as of the
date you specify.
III. Describe
plans that you have implemented, listing specific steps you have taken, to
ensure the conditions will be met in the future.
IV. Include any other information you want us
to consider when we review your notice reclaiming the exemption.
(ii) We may terminate a
reclaimed conditional exemption if we find that your claim is inappropriate
based on factors including, but not limited to, the following:
(I) you have failed to correct the
problem;
(II) you explained the
circumstances of the failure unsatisfactorily; or
(III) you failed to implement a plan with
steps to prevent another failure to meet the conditions of part (b)11 of this
paragraph.
In reviewing a reclaimed conditional exemption under this
subparagraph, we may add conditions to the exemption to ensure that waste
management during storage and treatment of the LLMW will protect human health
and the environment.
(e) Recordkeeping
1. What records must you keep at your
facility and for how long? (266.250)
(i) In
addition to those records required by your NRC or NRC Agreement State license,
you must keep records as follows:
(I) Your
initial notification records, return receipts, reports to us of failure(s) to
meet the exemption conditions, and all records supporting any reclaim of an
exemption;
(II) Records of your
LLMW annual inventories, and quarterly inspections;
(III) Your certification that facility
personnel who manage stored mixed waste are trained in safe management of LLMW
including training in chemical waste management and hazardous materials
incidents response; and
(IV) Your
emergency plan as specified in subpart (b)11(ii) of this paragraph.
(ii) You must maintain records
concerning notification, personnel trained, and your emergency plan for as long
as you claim this exemption and for three years thereafter, or in accordance
with NRC regulations under 10 CFR Part
20 (or equivalent NRC Agreement State
regulations), whichever is longer. You must maintain records concerning your
annual inventory and quarterly inspections for three years after the waste is
sent for disposal, or in accordance with NRC regulations under 10 CFR Part
20
(or equivalent NRC Agreement State regulations), whichever is longer.
2. through 5. (RESERVED)
(f) Reentry Into RCRA
1. When is your LLMW no longer eligible for
the storage and treatment conditional exemption? (266.255)
(i) When your LLMW has met the requirements
of your NRC or NRC Agreement State license for decay-in-storage and can be
disposed of as non-radioactive waste, then the conditional exemption for
storage no longer applies. On that date your waste is subject to hazardous
waste regulation under the relevant requirements of Rules
0400-12-01-.01 through .10, and
the time period for accumulation of a hazardous waste as specified in
subparagraph (1)(g) or (h) of Rule
0400-12-01-.03 begins.
(ii) When your conditionally exempt LLMW,
which has been generated and stored under a single NRC or NRC Agreement State
license number, is removed from storage, it is no longer eligible for the
storage and treatment exemption. However, your waste may be eligible for the
transportation and disposal conditional exemption at part (l)1 of this
paragraph.
(g)
Storage Unit Closure
1. Do closure
requirements apply to units that stored LLMW prior to the effective date of
paragraph (14) of this rule? (266.260)
Interim status and permitted storage units that have been
used to store only LLMW prior to the effective date of subpart N of this part
and, after that date, store only LLMW which becomes exempt under this subpart
N, are not subject to the closure requirements of Rules
0400-12-01-.05 and .06. Storage
units (or portions of units) that have been used to store both LLMW and
non-mixed hazardous waste prior to the effective date of this paragraph or are
used to store both after that date remain subject to closure requirements with
respect to the non-mixed hazardous waste.
2. through 5. (RESERVED)
(h) through (k) (RESERVED)
(i) Transportation and Disposal Conditional
Exemption
1. What does the transportation and
disposal conditional exemption do? (266.305)
This conditional exemption exempts your waste from the
regulatory definition of hazardous waste in Rule
0400-12-01-.02(1)(c)
if your waste meets the eligibility criteria under part (m)1 of this paragraph,
and you meet the conditions in part (n)1 of this paragraph.
(m) Eligibility
1. What wastes are eligible for the
transportation and disposal conditional exemption? (266.310) Eligible waste
must be:
(i) A low-level mixed waste (LLMW),
as defined in part (a)1 of this paragraph that meets the waste acceptance
criteria of a LLRWDF; and/or
(ii)
An eligible NARM waste, defined in part (a)1 of this paragraph.
2. through 5.
(RESERVED)
(n) Conditions
1. What are the conditions you must meet for
your waste to qualify for and maintain the transportation and disposal
conditional exemption? (266.315)
You must meet the following conditions for your eligible
waste to qualify for and maintain the exemption:
(i) The eligible waste must meet or be
treated to meet LDR treatment standards as described in part 6 of this
subparagraph.
(ii) If you are not
already subject to NRC, or NRC Agreement State equivalent manifest and
transportation regulations for the shipment of your waste, you must manifest
and transport your waste according to NRC regulations as described in part 11
of this subparagraph.
(iii) The
exempted waste must be in containers when it is disposed of in the LLRWDF as
described in part 26 of this subparagraph.
(iv) The exempted waste must be disposed of
at a designated LLRWDF as described in part 21 of this subparagraph.
2. through 5. (RESERVED)
6. What treatment standards must your
eligible waste meet? (266.320)
Your LLMW or eligible NARM waste must meet Land Disposal
Restriction (LDR) treatment standards specified in paragraph (3) of Rule
0400-12-01-.10.
7. through 10. (RESERVED)
11. Are you subject to the manifest and
transportation condition in subpart 1(ii) of this subparagraph? (266.325) If
you are not already subject to NRC, or NRC Agreement State equivalent manifest
and transportation regulations for the shipment of your waste, you must meet
the manifest requirements under
10 CFR
20.2006 (or NRC Agreement State equivalent
regulations), and the transportation requirements under
10 CFR
1.5 (or NRC Agreement State equivalent
regulations) to ship the exempted waste.
12.
through 15. (RESERVED)
16. When does the transportation and disposal
exemption take effect? (266.330)
The exemption becomes effective once all the following have
occurred:
(i) Your eligible waste
meets the applicable LDR treatment standards.
(ii) You have received return receipts that
you have notified us and the LLRWDF as described in part (o)1 of this
paragraph.
(iii) You have completed
the packaging and preparation for shipment requirements for your waste
according to NRC Packaging and Transportation regulations found under 10 CFR
Part
71 (or NRC Agreement State equivalent regulations); and you have prepared
a manifest for your waste according to NRC manifest regulations found under 10
CFR Part
20 (or NRC Agreement State equivalent regulations), and
(iv) You have placed your waste on a
transportation vehicle destined for a LLRWDF licensed by NRC or an NRC
Agreement State.
17. through
20. (RESERVED)
21.
Where must your exempted waste be disposed of? (266.335)
Your exempted waste must be disposed of in a LLRWDF that is
regulated and licensed by NRC under 10 CFR Part 61 or by an NRC Agreement State
under equivalent State regulations, including State NARM licensing regulations
for eligible NARM.
22. through
25. (RESERVED)
26. What
type of container must be used for disposal of exempted waste? (266.340)
Your exempted waste must be placed in containers before it is
disposed. The container must be:
(i) A
carbon steel drum; or
(ii) An
alternative container with equivalent containment performance in the disposal
environment as a carbon steel drum; or
(iii) A high integrity container as defined
by NRC.
27. through 30.
(RESERVED)
(o)
Notification
1. Whom must you notify?
(266.345)
(i) You must provide a one time
notice to us stating that you are claiming the transportation and disposal
conditional exemption prior to the initial shipment of an exempted waste from
your facility to a LLRWDF. Your dated written notice must include your facility
name, address, phone number, and installation ID number, and be sent by
certified delivery.
(ii) You must
notify the LLRWDF receiving your exempted waste by certified delivery before
shipment of each exempted waste. You can only ship the exempted waste after you
have received the return receipt of your notice to the LLRWDF. This
notification must include the following:
(I)
A statement that you have claimed the exemption for the waste.
(II) A statement that the eligible waste
meets applicable LDR treatment standards.
(III) Your facility's name, address, and
installation number.
(IV) The
hazardous waste codes prior to the exemption of the waste streams.
(V) A statement that the exempted waste must
be placed in a container according to part (n)26 of this paragraph prior to
disposal in order for the waste to remain exempt under the transportation and
disposal conditional exemption of this paragraph.
(VI) The manifest number of the shipment that
will contain the exempted waste.
(VII) A certification that all the
information provided is true, complete, and accurate. The statement must be
signed by your authorized representative.
2. through 5. (RESERVED)
(p) Recordkeeping
1. What records must you keep at your
facility and for how long? (266.350)
In addition to those records required by your NRC or NRC
Agreement State license, you must keep records as follows:
(i) You must follow the applicable existing
recordkeeping requirements under subparagraph (5)(d) of Rule 0400-12-01 -05,
subparagraph (5)(d) of Rule
0400-12-01-.06, and subparagraph
(1)(g) of Rule
0400-12-01-.10 to demonstrate
that your waste has met LDR treatment standards prior to your claiming the
exemption.
(ii) You must keep a
copy of all notifications and return receipts required under parts (q)1 and 6
of this paragraph for three years after the exempted waste is sent for
disposal.
(iii) You must keep a
copy of all notification and return receipts required under subpart (o)1(i) of
this paragraph for three years after the last exempted waste is sent for
disposal.
(iv) You must keep a copy
of the notification and return receipt required under subpart (o)1(ii) of this
paragraph for three years after the exempted waste is sent for
disposal.
(v) If you are not
already subject to NRC, or NRC Agreement State equivalent manifest and
transportation regulations for the shipment of your waste, you must also keep
all other documents related to tracking the exempted waste as required under
10 CFR
20.2006 or NRC Agreement State equivalent
regulations, including applicable NARM requirements, in addition to the records
specified in subparts (i) through (iv) of this
part.
(q) Loss
of Transportation and Disposal Conditional Exemption
1. How could you lose the transportation and
disposal conditional exemption for your waste and what action must you take?
(266.355)
(i) Any waste will automatically
lose the transportation and disposal exemption if you fail to manage it in
accordance with all of the conditions specified in part (n)1 of this paragraph.
(I) When you fail to meet any of the
conditions specified in part (n)1 of this paragraph for any of your wastes, you
must report to us, in writing by certified delivery, within 30 days of learning
of the failure. Your report must be signed by your authorized representative
certifying that the information provided is true, accurate, and complete. This
report must include:
I. The specific
condition(s) that you failed to meet for the waste;
II. A description of the waste (including the
waste name, hazardous waste codes and quantity) that lost the exemption;
and
III. The date(s) on which you
failed to meet the condition(s) for the waste.
(II) If the failure to meet any of the
conditions may endanger human health or the environment, you must also
immediately notify us orally within 24 hours and follow up with a written
notification within 5 days.
(ii) We may terminate your ability to claim a
conditional exemption for your waste, or require you to meet additional
conditions to claim a conditional exemption, for serious or repeated
noncompliance with any requirement(s) of this paragraph.
2. through 5. (RESERVED)
6. If you lose the transportation and
disposal conditional exemption for a waste, can the exemption be reclaimed?
(266.360)
(i) You may reclaim the
transportation and disposal exemption for a waste after you have received a
return receipt confirming that we have received your notification of the loss
of the exemption specified in subpart 1(i) of this subparagraph and if:
(I) You again meet the conditions specified
in part (n)1 of this paragraph for the waste; and
(II) You send a notice, by certified
delivery, to us that you are reclaiming the exemption for the waste. Your
notice must be signed by your authorized representative certifying that the
information provided is true, accurate, and complete. The notice must:
I. Explain the circumstances of each
failure.
II. Certify that each
failure that caused you to lose the exemption for the waste has been corrected
and that you again meet all conditions for the waste as of the date you
specify.
III. Describe plans you
have implemented, listing the specific steps that you have taken, to ensure
that conditions will be met in the future.
IV. Include any other information you want us
to consider when we review your notice reclaiming the
exemption.
(ii)
We may terminate a reclaimed conditional exemption if we find that your claim
is inappropriate based on factors including, but not limited to:
(I) You have failed to correct the
problem;
(II) You explained the
circumstances of the failure unsatisfactorily; or
(III) You failed to implement a plan with
steps to prevent another failure to meet the conditions of part (n)1 of this
paragraph.
In reviewing a reclaimed conditional exemption under this
subparagraph, we may add conditions to the exemption to ensure that
transportation and disposal activities will protect human health and the
environment.
(15) Reserved.
(16) Hazardous Waste Pharmaceuticals
(a) Definitions for this paragraph
The following definitions apply to this paragraph and to Rule
0400-12-01-.10:
"Evaluated hazardous waste pharmaceutica" means a
prescription hazardous waste pharmaceutical that has been evaluated by a
reverse distributor in accordance with subpart (k)1(iii) of this paragraph and
will not be sent to another reverse distributor for further evaluation or
verification of manufacturer credit.
"Hazardous waste pharmaceutica" means a pharmaceutical that
is a solid waste, as defined in subparagraph (1)(b) of Rule
0400-12-01-.02 and exhibits one
or more characteristics identified in paragraph (3) of Rule
0400-12-01-.02 or is listed in
paragraph (4) of Rule
0400-12-01-.02. A pharmaceutical
is not a solid waste, as defined in subparagraph (1)(b) of Rule
0400-12-01-.02, and therefore
not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g.,
lawfully donated for its intended purpose) or reclaimed. An over-the-counter
pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste,
as defined in subparagraph (1)(b) of Rule
0400-12-01-.02, and therefore
not a hazardous waste pharmaceutical, if it has a reasonable expectation of
being legitimately used/reused (e.g., lawfully redistributed for its intended
purpose) or reclaimed.
"Healthcare facilit" means any person that is lawfully
authorized to:
1. Provide preventative,
diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and
counseling, service, assessment or procedure with respect to the physical or
mental condition, or functional status, of a human or animal or that affects
the structure or function of the human or animal body; or
2. Distribute, sell, or dispense
pharmaceuticals, including over-the-counter pharmaceuticals, dietary
supplements, homeopathic drugs, or prescription pharmaceuticals.
This definition includes, but is not limited to, wholesale
distributors, third-party logistics providers that serve as forward
distributors, military medical logistics facilities, hospitals, psychiatric
hospitals, ambulatory surgical centers, health clinics, physicians' offices,
optical and dental providers, chiropractors, long-term care facilities,
ambulance services, pharmacies, long-term care pharmacies, mail-order
pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary
hospitals.
This definition does not include pharmaceutical
manufacturers, reverse distributors, or reverse logistics centers.
"Household waste pharmaceutica" means a pharmaceutical that
is a solid waste, as defined in subparagraph (1)(b) of Rule
0400-12-01-.02 but is excluded
from being a hazardous waste under subpart (1)(d)2(i) of Rule
0400-12-01-.02.
"Long-term care facility" means a licensed entity that
provides assistance with activities of daily living, including managing and
administering pharmaceuticals to one or more individuals at the facility. This
definition includes, but is not limited to, hospice facilities, nursing
facilities, skilled nursing facilities, and the nursing and skilled nursing
care portions of continuing care retirement communities. Not included within
the scope of this definition are group homes, independent living communities,
assisted living facilities, and the independent and assisted living portions of
continuing care retirement communities.
"Non-creditable hazardous waste pharmaceutica" means a
prescription hazardous waste pharmaceutical that does not have a reasonable
expectation to be eligible for manufacturer credit or a nonprescription
hazardous waste pharmaceutical that does not have a reasonable expectation to
be legitimately used/reused or reclaimed. This includes but is not limited to,
investigational drugs, free samples of pharmaceuticals received by healthcare
facilities, residues of pharmaceuticals remaining in empty containers,
contaminated personal protective equipment, floor sweepings, and cleanup
material from the spills of pharmaceuticals.
"Non-hazardous waste pharmaceutica" means a pharmaceutical
that is a solid waste, as defined in subparagraph (1)(b) of Rule
0400-12-01-.02, and is not
listed in paragraph (4) of Rule
0400-12-01-.02, and does not
exhibit a characteristic identified in paragraph (3) of Rule
0400-12-01-.02.
"Non-pharmaceutical hazardous wast" means a solid waste, as
defined in subparagraph (1)(b) of Rule
0400-12-01-.02, that is listed
in paragraph (4) of Rule
0400-12-01-.02, or exhibits one
or more characteristics identified in paragraph (3) of Rule
0400-12-01-.02, but is not a
pharmaceutical, as defined in this subparagraph.
"Pharmaceutica" means any drug or dietary supplement for use
by humans or other animals; any electronic nicotine delivery system (e.g.,
electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged
for retail sale for use in electronic nicotine delivery systems (e.g.,
pre-filled cartridges or vials). This definition includes, but is not limited
to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act;
prescription drugs, as defined by
21 CFR
203.3(y); over-the-counter
drugs; homeopathic drugs; compounded drugs; investigational new drugs;
pharmaceuticals remaining in non-empty containers; personal protective
equipment contaminated with pharmaceuticals; and clean-up material from spills
of pharmaceuticals. This definition does not include dental amalgam or
sharps.
"Potentially creditable hazardous waste pharmaceutica" means
a prescription hazardous waste pharmaceutical that has a reasonable expectation
to receive manufacturer credit and is:
1. In original manufacturer packaging (except
pharmaceuticals that were subject to a recall);
2. Undispensed; and
3. Unexpired or less than one year past
expiration date.
The term does not include evaluated hazardous waste
pharmaceuticals or nonprescription pharmaceuticals including, but not limited
to, over-the-counter drugs, homeopathic drugs, and dietary supplements.
"Reverse distributo" means any person that receives and
accumulates prescription pharmaceuticals that are potentially creditable
hazardous waste pharmaceuticals for the purpose of facilitating or verifying
manufacturer credit. Any person, including forward distributors, third-party
logistics providers, and pharmaceutical manufacturers, that processes
prescription pharmaceuticals for the facilitation or verification of
manufacturer credit is considered a reverse distributor.
(b) Applicability
1. A healthcare facility that is a very small
quantity generator when counting all of its hazardous waste, including both its
hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste,
remains subject to subparagraph (1)(e) of Rule
0400-12-01-.03 and is not
subject to this paragraph, except for subparagraphs (f) and (h) of this
paragraph and the optional provisions of subparagraph (e) of this
paragraph.
2. A healthcare facility
that is a very small quantity generator when counting all of its hazardous
waste, including both its hazardous waste pharmaceuticals and its
non-pharmaceutical hazardous waste, has the option of complying with part 4 of
this subparagraph for the management of its hazardous waste pharmaceuticals as
an alternative to complying with subparagraph (1)(e) of Rule
0400-12-01-.03 and the optional
provisions of subparagraph (e) of this paragraph.
3. A healthcare facility or reverse
distributor remains subject to all applicable hazardous waste regulations with
respect to the management of its non-pharmaceutical hazardous waste.
4. With the exception of healthcare
facilities identified in part 1 of this subparagraph, a healthcare facility is
subject to the following in lieu of Rules
0400-12-01-.03 through
0400-12-01-.06:
(i) Subparagraphs (c) and (f) through (i) of
this paragraph with respect to the management of:
(I) Non-creditable hazardous waste
pharmaceuticals, and
(II)
Potentially creditable hazardous waste pharmaceuticals if they are not destined
for a reverse distributor.
(ii) Part (c)1 of this paragraph, and
subparagraphs (d), (f), (g), (h), and (j) of this paragraph with respect to the
management of potentially creditable hazardous waste pharmaceuticals that are
prescription pharmaceuticals and are destined for a reverse
distributor.
5. A reverse
distributor is subject to subparagraphs (f) through (k) of this paragraph in
lieu of Rules
0400-12-01-.03 through
0400-12-01-.06 with respect to
the management of hazardous waste pharmaceuticals.
6. Hazardous waste pharmaceuticals generated
or managed by entities other than healthcare facilities and reverse
distributors (e.g., pharmaceutical manufacturers and reverse logistics centers)
are not subject to this paragraph. Other generators are subject to Rule
0400-12-01-.03 for the
generation and accumulation of hazardous wastes, including hazardous waste
pharmaceuticals.
7. The following
are not subject to this chapter, except as specified:
(i) Pharmaceuticals that are not solid waste,
as defined by subparagraph (1)(b) of Rule
0400-12-01-.02, because they are
legitimately used/reused (e.g., lawfully donated for their intended purpose) or
reclaimed.
(ii) Over-the-counter
pharmaceuticals, dietary supplements, or homeopathic drugs that are not solid
wastes, as defined by subparagraph (1)(b) of Rule
0400-12-01-.02, because they
have a reasonable expectation of being legitimately used/reused (e.g., lawfully
redistributed for their intended purpose) or reclaimed.
(iii) Pharmaceuticals being managed in
accordance with a recall strategy that has been approved by the Food and Drug
Administration in accordance with 21 CFR Part
7 Subpart C. This paragraph does
apply to the management of the recalled hazardous waste pharmaceuticals after
the Food and Drug Administration approves the destruction of the recalled
items.
(iv) Pharmaceuticals being
managed in accordance with a recall corrective action plan that has been
accepted by the Consumer Product Safety Commission in accordance with 16 CFR
Part
1115 . This paragraph does apply to the management of the recalled
hazardous waste pharmaceuticals after the Consumer Product Safety Commission
approves the destruction of the recalled items.
(v) Pharmaceuticals stored according to a
preservation order, or during an investigation or judicial proceeding until
after the preservation order, investigation, or judicial proceeding has
concluded and/or a decision is made to discard the pharmaceuticals.
(vi) Investigational new drugs for which an
investigational new drug application is in effect in accordance with the Food
and Drug Administration's regulations in 21 CFR Part
312 . This paragraph does
apply to the management of the investigational new drug after the decision is
made to discard the investigational new drug or the Food and Drug
Administration approves the destruction of the investigational new drug, if the
investigational new drug is a hazardous waste.
(vii) Household waste pharmaceuticals,
including those that have been collected by an authorized collector (as defined
by the Drug Enforcement Administration), provided the authorized collector
complies with the conditional exemption in subpart (g)1(ii) of this paragraph
and part (g)2 of this paragraph.
(c) Standards for healthcare facilities
managing non-creditable hazardous waste pharmaceuticals.
1. Notification and withdrawal from this
paragraph for healthcare facilities managing hazardous waste pharmaceuticals.
(i) Notification.
A healthcare facility must notify the Commissioner, using a
notification form provided by the Commissioner and completed in accordance with
the instructions accompanying the form, that it is a healthcare facility
operating under this paragraph. A healthcare facility is not required to
identify the hazardous waste codes on the notification form with respect to its
hazardous waste pharmaceuticals. A healthcare facility must submit a separate
notification form for each site or EPA identification number.
(I) A healthcare facility that already has an
EPA identification number must notify the Commissioner, using a notification
form provided by the Commissioner and completed in accordance with the
instructions accompanying the form, that it is a healthcare facility as part of
its next annual report, if it is required to submit one; or if not required to
submit an annual report, within 60 days of the effective date of this
paragraph, or within 60 days of becoming subject to this paragraph.
(II) A healthcare facility that does not have
an EPA identification number must obtain one by notifying the Commissioner,
using a notification form provided by the Commissioner and completed in
accordance with the instructions accompanying the form, that it is a healthcare
facility as part of its next annual report, if it is required to submit one; or
if not required to submit an annual report, within 60 days of the effective
date of this paragraph, or within 60 days of becoming subject to this
paragraph.
(III) A healthcare
facility must keep a copy of its notification on file for as long as the
healthcare facility is subject to this paragraph.
(ii) Withdrawal.
A healthcare facility that operated under this paragraph but
is no longer subject to this paragraph, because it is a very small quantity
generator under subparagraph (1)(e) of Rule
0400-12-01-.03, and elects to
withdraw from this paragraph, must notify the Commissioner using a notification
form provided by the Commissioner and completed in accordance with the
instructions accompanying the form that it is no longer operating under this
paragraph. A healthcare facility is not required to identify the hazardous
waste codes on the notification form with respect to its hazardous waste
pharmaceuticals. A healthcare facility must submit a separate notification form
for each site or EPA identification number.
(I) A healthcare facility must submit a
notification form provided by the Commissioner and completed in accordance with
the instructions accompanying the form that it is withdrawing from this
paragraph before it begins operating under the conditional exemption of
subparagraph (1)(e) of Rule
0400-12-01-.03.
(II) A healthcare facility must keep a copy
of its withdrawal on file for three years from the date of signature on the
notification form of its withdrawal.
2. Training of personnel managing
non-creditable hazardous waste pharmaceuticals at healthcare facilities. A
healthcare facility must ensure that all personnel that manage non-creditable
hazardous waste pharmaceuticals are thoroughly familiar with proper waste
handling and emergency procedures relevant to their responsibilities during
normal facility operations and emergencies.
3. Hazardous waste determination for
non-creditable pharmaceuticals. A healthcare facility that generates a solid
waste that is a non-creditable pharmaceutical must determine whether that
pharmaceutical is a hazardous waste pharmaceutical (i.e., it exhibits a
characteristic identified in paragraph (3) of Rule
0400-12-01-.02 or is listed in
paragraph (4) of Rule
0400-12-01-.02) in order to
determine whether the waste is subject to this paragraph. A healthcare facility
may choose to manage its non-hazardous waste pharmaceuticals as non-creditable
hazardous waste pharmaceuticals under this paragraph.
4. Standards for containers used to
accumulate non-creditable hazardous waste pharmaceuticals at healthcare
facilities.
(i) A healthcare facility must
place non-creditable hazardous waste pharmaceuticals in a container that is
structurally sound, compatible with its contents, and that lacks evidence of
leakage, spillage, or damage that could cause leakage under reasonably
foreseeable conditions.
(ii) A
healthcare facility that manages ignitable or reactive non-creditable hazardous
waste pharmaceuticals, or that mixes or commingles incompatible non-creditable
hazardous waste pharmaceuticals must manage the container so that it does not
have the potential to:
(I) Generate extreme
heat or pressure, fire or explosion, or violent reaction;
(II) Produce uncontrolled toxic mists, fumes,
dusts, or gases in sufficient quantities to threaten human health;
(III) Produce uncontrolled flammable fumes or
gases in sufficient quantities to pose a risk of fire or explosions;
(IV) Damage the structural integrity of the
container of non-creditable hazardous waste pharmaceuticals; or
(V) Through other like means threaten human
health or the environment.
(iii) A healthcare facility must keep
containers of non-creditable hazardous waste pharmaceuticals closed and secured
in a manner that prevents unauthorized access to its contents.
(iv) A healthcare facility may accumulate
non-creditable hazardous waste pharmaceuticals and non-hazardous non-creditable
waste pharmaceuticals in the same container, except that non-creditable
hazardous waste pharmaceuticals prohibited from being combusted because of the
dilution prohibition of part (1)(c)3 of Rule
0400-12-01-.10 must be
accumulated in separate containers and labeled with all applicable hazardous
waste numbers (i.e., hazardous waste codes).
5. Labeling containers used to accumulate
non-creditable hazardous waste pharmaceuticals at healthcare facilities. A
healthcare facility must label or clearly mark each container of non-creditable
hazardous waste pharmaceuticals with the phrase "Hazardous Waste
Pharmaceuticals"
6. Maximum
accumulation time for non-creditable hazardous waste pharmaceuticals at
healthcare facilities.
(i) A healthcare
facility may accumulate non-creditable hazardous waste pharmaceuticals on site
for one year or less without a permit or having interim status.
(ii) A healthcare facility that accumulates
non-creditable hazardous waste pharmaceuticals on-site must demonstrate the
length of time that the non-creditable hazardous waste pharmaceuticals have
been accumulating, starting from the date it first becomes a waste. A
healthcare facility may make this demonstration by any of the following
methods:
(I) Marking or labeling the container
of non-creditable hazardous waste pharmaceuticals with the date that the
non-creditable hazardous waste pharmaceuticals became a waste;
(II) Maintaining an inventory system that
identifies the date the non-creditable hazardous waste pharmaceuticals being
accumulated first became a waste; or
(III) Placing the non-creditable hazardous
waste pharmaceuticals in a specific area and identifying the earliest date that
any of the non-creditable hazardous waste pharmaceuticals in the area became a
waste.
7. Land
disposal restrictions for non-creditable hazardous waste pharmaceuticals. The
non-creditable hazardous waste pharmaceuticals generated by a healthcare
facility are subject to the land disposal restrictions of Rule
0400-12-01-.10. A healthcare
facility that generates non-creditable hazardous waste pharmaceuticals must
comply with the land disposal restrictions in accordance with part (1)(g)1 of
Rule
0400-12-01-.10 requirements,
except that it is not required to identify the hazardous waste numbers (i.e.,
hazardous waste codes) on the land disposal restrictions
notification.
8. Procedures for
healthcare facilities for managing rejected shipments of non-creditable
hazardous waste pharmaceuticals. A healthcare facility that sends a shipment of
non-creditable hazardous waste pharmaceuticals to a designated facility with
the understanding that the designated facility can accept and manage the waste,
and later receives that shipment back as a rejected load in accordance with the
manifest discrepancy provisions of subparagraph (5)(c) of Rule
0400-12-01-.05 or subparagraph
(5)(c) of Rule
0400-12-01-.06 may accumulate
the returned non-creditable hazardous waste pharmaceuticals on site for up to
an additional 90 days provided the rejected or returned shipment is managed in
accordance with parts 4 and 5 of this subparagraph. Upon receipt of the
returned shipment, the healthcare facility must:
(i) Sign either:
(I) Item 18c of the original manifest, if the
original manifest was used for the returned shipment; or
(II) Item 20 of the new manifest, if a new
manifest was used for the returned shipment;
(ii) Provide the transporter a copy of the
manifest;
(iii) Within 30 days of
receipt of the rejected shipment, send a copy of the manifest to the designated
facility that returned the shipment to the healthcare facility; and
(iv) Within 90 days of receipt of the
rejected shipment, transport or offer for transport the returned shipment in
accordance with the shipping standards of part (i)1 of this
paragraph.
9. Reporting
by healthcare facilities for non-creditable hazardous waste pharmaceuticals.
(i) Annual reporting by healthcare
facilities. Healthcare facilities are not subject to annual reporting
requirements under subparagraph (5)(b) of Rule
0400-12-01-.03, with respect to
non-creditable hazardous waste pharmaceuticals managed under this
paragraph.
(ii) Exception reporting
by healthcare facilities for a missing copy of the manifest.
(I) For shipments from a healthcare facility
to a designated facility.
I. If a healthcare
facility does not receive a copy of the manifest with the signature of the
owner or operator of the designated facility within 60 days of the date the
non-creditable hazardous waste pharmaceuticals were accepted by the initial
transporter, the healthcare facility must submit:
A. A legible copy of the original manifest,
indicating that the healthcare facility has not received confirmation of
delivery, to the Commissioner; and
B. A handwritten or typed note on the
manifest itself, or on an attached sheet of paper, stating that the return copy
was not received and explaining the efforts taken to locate the non-creditable
hazardous waste pharmaceuticals and the results of those efforts.
II. [Reserved]
(II) For shipments rejected by the
designated facility and shipped to an alternate facility.
I. If a healthcare facility does not receive
a copy of the manifest for a rejected shipment of the non-creditable hazardous
waste pharmaceuticals that is forwarded by the designated facility to an
alternate facility (using appropriate manifest procedures), with the signature
of the owner or operator of the alternate facility, within 60 days of the date
the non-creditable hazardous waste was accepted by the initial transporter
forwarding the shipment of non-creditable hazardous waste pharmaceuticals from
the designated facility to the alternate facility, the healthcare facility must
submit:
A. A legible copy of the original
manifest, indicating that the healthcare facility has not received confirmation
of delivery, to the Commissioner; and
B. A handwritten or typed note on the
manifest itself, or on an attached sheet of paper, stating that the return copy
was not received and explaining the efforts taken to locate the non-creditable
hazardous waste pharmaceuticals and the results of those efforts.
II. [Reserved]
(iii) Additional
reports. The Commissioner may require healthcare facilities to furnish
additional reports concerning the quantities and disposition of non-creditable
hazardous waste pharmaceuticals.
10. Recordkeeping by healthcare facilities
for non-creditable hazardous waste pharmaceuticals.
(i) A healthcare facility must keep a copy of
each manifest signed in accordance with part (3)(d)1 of Rule
0400-12-01-.03 for three years
or until it receives a signed copy from the designated facility which received
the non-creditable hazardous waste pharmaceuticals. This signed copy must be
retained as a record for at least three years from the date the waste was
accepted by the initial transporter.
(ii) A healthcare facility must keep a copy
of each exception report for a period of at least three years from the date of
the report.
(iii) A healthcare
facility must keep records of any test results, waste analyses, or other
determinations made to support its hazardous waste determination(s) consistent
with part (1)(b)6 of Rule
0400-12-01-.03, for at least
three years from the date the waste was last sent to on-site or off-site
treatment, storage or disposal. A healthcare facility that manages all of its
non-creditable non-hazardous waste pharmaceuticals as non-creditable hazardous
waste pharmaceuticals is not required to keep documentation of hazardous waste
determinations.
(iv) The periods of
retention referred to in this part are extended automatically during the course
of any unresolved enforcement action regarding the regulated activity, or as
requested by the Commissioner.
(v)
All records must be readily available upon request by an inspector.
11. Response to spills of
non-creditable hazardous waste pharmaceuticals at healthcare facilities. A
healthcare facility must immediately contain all spills of non-creditable
hazardous waste pharmaceuticals and manage the spill clean-up materials as
non-creditable hazardous waste pharmaceuticals in accordance with the
requirements of this paragraph.
12.
Accepting non-creditable hazardous waste pharmaceuticals from an off-site
healthcare facility that is a very small quantity generator. A healthcare
facility may accept non-creditable hazardous waste pharmaceuticals from an
off-site healthcare facility that is a very small quantity generator under
subparagraph (1)(e) of Rule
0400-12-01-.03, without a permit
or without having interim status, provided the receiving healthcare facility:
(i) Is under the control of the same person,
as defined in subparagraph (2)(a) of Rule
0400-12-01-.01, as the very
small quantity generator healthcare facility that is sending the non-creditable
hazardous waste pharmaceuticals off-site ("control" for the purposes of this
subpart, means the power to direct the policies of the healthcare facility,
whether by the ownership of stock, voting rights, or otherwise, except that
contractors who operate healthcare facilities on behalf of a different person
as defined in subparagraph (2)(a) of Rule
0400-12-01-.01 shall not be
deemed to "contro" such healthcare facilities) or has a contractual or other
documented business relationship whereby the receiving healthcare facility
supplies pharmaceuticals to the very small quantity generator healthcare
facility;
(ii) Is operating under
this paragraph for the management of its non-creditable hazardous waste
pharmaceuticals;
(iii) Manages the
non-creditable hazardous waste pharmaceuticals that it receives from off site
in compliance with this paragraph; and
(iv) Keeps records of the non-creditable
hazardous waste pharmaceuticals shipments it receives from off site for three
years from the date that the shipment is received.
(d) Standards for healthcare
facilities managing potentially creditable hazardous waste pharmaceuticals.
1. Hazardous waste determination for
potentially creditable pharmaceuticals. A healthcare facility that generates a
solid waste that is a potentially creditable pharmaceutical must determine
whether the potentially creditable pharmaceutical is a potentially creditable
hazardous waste pharmaceutical (i.e., it is listed in paragraph (4) of Rule
0400-12-01-.02 or exhibits a
characteristic identified in paragraph (3) of Rule
0400-12-01-.02). A healthcare
facility may choose to manage its potentially creditable non-hazardous waste
pharmaceuticals as potentially creditable hazardous waste pharmaceuticals under
this paragraph.
2. Accepting
potentially creditable hazardous waste pharmaceuticals from an off-site
healthcare facility that is a very small quantity generator. A healthcare
facility may accept potentially creditable hazardous waste pharmaceuticals from
an off-site healthcare facility that is a very small quantity generator under
subparagraph (1)(e) of Rule
0400-12-01-.03, without a permit
or without having interim status, provided the receiving healthcare facility:
(i) Is under the control of the same person,
as defined in subparagraph (2)(a) of Rule
0400-12-01-.01, as the very
small quantity generator healthcare facility that is sending the potentially
creditable hazardous waste pharmaceuticals off site ("control" for the purposes
of this subpart, means the power to direct the policies of the healthcare
facility, whether by the ownership of stock, voting rights, or otherwise,
except that contractors who operate healthcare facilities on behalf of a
different person as defined in subparagraph (2)(a) of Rule
0400-12-01-.01 shall not be
deemed to "contro" such healthcare facilities) or has a contractual or other
documented business relationship whereby the receiving healthcare facility
supplies pharmaceuticals to the very small quantity generator healthcare
facility;
(ii) Is operating under
this paragraph for the management of its potentially creditable hazardous waste
pharmaceuticals;
(iii) Manages the
potentially creditable hazardous waste pharmaceuticals that it receives from
off site in compliance with this paragraph; and
(iv) Keeps records of the potentially
creditable hazardous waste pharmaceuticals shipments it receives from off site
for three years from the date that the shipment is
received.
3. Prohibition.
Healthcare facilities are prohibited from sending hazardous wastes other than
potentially creditable hazardous waste pharmaceuticals to a reverse
distributor.
4. Annual reporting by
healthcare facilities. Healthcare facilities are not subject to annual
reporting requirements under subparagraph (5)(b) of Rule
0400-12-01-.03 with respect to
potentially creditable hazardous waste pharmaceuticals managed under this
paragraph.
5. Recordkeeping by
healthcare facilities.
(i) A healthcare
facility that initiates a shipment of potentially creditable hazardous waste
pharmaceuticals to a reverse distributor must keep the following records (paper
or electronic) for each shipment of potentially creditable hazardous waste
pharmaceuticals for three years from the date of shipment:
(I) The confirmation of delivery;
and
(II) The shipping papers
prepared in accordance with 49 CFR part
172 Subpart C, if applicable.
(ii) The periods of retention
referred to in this part are extended automatically during the course of any
unresolved enforcement action regarding the regulated activity, or as requested
by the Commissioner.
(iii) All
records must be readily available upon request by an inspector.
6. Response to spills of
potentially creditable hazardous waste pharmaceuticals at healthcare
facilities. A healthcare facility must immediately contain all spills of
potentially creditable hazardous waste pharmaceuticals and manage the spill
clean-up materials as non-creditable hazardous waste pharmaceuticals in
accordance with this paragraph.
(e) Healthcare facilities that are very small
quantity generators for both hazardous waste pharmaceuticals and
non-pharmaceutical hazardous waste.
1.
Potentially creditable hazardous waste pharmaceuticals. A healthcare facility
that is a very small quantity generator for both hazardous waste
pharmaceuticals and non-pharmaceutical hazardous waste may send its potentially
creditable hazardous waste pharmaceuticals to a reverse distributor.
2. Off-site collection of hazardous waste
pharmaceuticals generated by a healthcare facility that is a very small
quantity generator. A healthcare facility that is a very small quantity
generator for both hazardous waste pharmaceuticals and non-pharmaceutical
hazardous waste may send its hazardous waste pharmaceuticals off-site to
another healthcare facility, provided:
(i) The
receiving healthcare facility meets the conditions in parts (c)12 of this
paragraph and part (d)2 of this paragraph, as applicable; or
(ii) The very small quantity generator
healthcare facility meets the conditions in item (1)(e)1(v)(VIII) of Rule
0400-12-01-.03 and the receiving
large quantity generator meets the conditions in part (1)(h)6 of Rule
0400-12-01-.03.
3. Long-term care facilities that are very
small quantity generators. A long-term care facility that is a very small
quantity generator for both hazardous waste pharmaceuticals and
non-pharmaceutical hazardous waste may dispose of its hazardous waste
pharmaceuticals (excluding contaminated personal protective equipment or
clean-up materials) in an on-site collection receptacle of an authorized
collector (as defined by the Drug Enforcement Administration) that is
registered with the Drug Enforcement Administration provided the contents are
collected, stored, transported, destroyed and disposed of in compliance with
all applicable Drug Enforcement Administration regulations for controlled
substances.
4. Long-term care
facilities with 20 beds or fewer. A long-term care facility with 20 beds or
fewer is presumed to be a very small quantity generator subject to subparagraph
(1)(e) of Rule
0400-12-01-.03 for both
hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste and not
subject to this paragraph, except for subparagraphs (f) and (h) of the
paragraph and the other optional provisions of this subparagraph. The
Commissioner has the responsibility to demonstrate that a long-term care
facility with 20 beds or fewer generates quantities of hazardous waste that are
in excess of the very small quantity generator limits as defined in
subparagraph (2)(a) of Rule
0400-12-01-.01. A long-term care
facility with more than 20 beds that operates as a very small quantity
generator under subparagraph (1)(e) of Rule
0400-12-01-.03 must demonstrate
that it generates quantities of hazardous waste that are within the very small
quantity generator limits as defined by subparagraph (2)(a) of Rule
0400-12-01-.01.
(f) Prohibition of sewering hazardous waste
pharmaceuticals.
All healthcare facilities, including very small quantity
generators operating under subparagraph (1)(e) of Rule
0400-12-01-.03 in lieu of this
paragraph, and reverse distributors are prohibited from discharging hazardous
waste pharmaceuticals to a sewer system that passes through to a publicly owned
treatment works. Healthcare facilities and reverse distributors remain subject
to the prohibitions in 40
CFR
403.5(b)(1).
(g) Conditional exemptions for hazardous
waste pharmaceuticals that are also controlled substances and household waste
pharmaceuticals collected in a take-back event or program.
1. Conditional exemptions. Provided the
conditions of part 2 of this subparagraph are met, the following are exempt
from Rules
0400-12-01-.03 through
0400-12-01-.07,
0400-12-01-.09 through
0400-12-01-.12:
(i) Hazardous waste pharmaceuticals that are
also listed on a schedule of controlled substances by the Drug Enforcement
Administration in 21 CFR part
1308 , and
(ii) Household waste pharmaceuticals that are
collected in a take-back event or program, including those that are collected
by an authorized collector (as defined by the Drug Enforcement Administration)
registered with the Drug Enforcement Administration that commingles the
household waste pharmaceuticals with controlled substances from an ultimate
user (as defined by the Drug Enforcement Administration).
2. Conditions for exemption. The hazardous
waste pharmaceuticals must be:
(i) Managed in
compliance with the sewer prohibition of subparagraph (f) of this paragraph;
and
(ii) Collected, stored,
transported, and disposed of in compliance with all applicable Drug Enforcement
Administration regulations for controlled substances; and
(iii) Destroyed by a method that Drug
Enforcement Administration has publicly deemed in writing to meet their
non-retrievable standard of destruction or combusted at one of the following:
(I) A permitted large municipal waste
combustor, subject to 40 CFR Part
62 Subpart FFF or applicable state plan for
existing large municipal waste combustors, or 40 CFR Part
60 Subparts Eb for
new large municipal waste combustors;
(II) A permitted small municipal waste
combustor, subject to 40 CFR Part
62 Subpart JJJ or applicable state plan for
existing small municipal waste combustors, or 40 CFR Part
60 Subparts AAAA for
new small municipal waste combustors;
(III) A permitted hospital, medical and
infectious waste incinerator, subject to 40 CFR Part
62 Subpart HHH or
applicable state plan for existing hospital, medical and infectious waste
incinerators, or 40 CFR Part
60 Subpart Ec for new hospital, medical and
infectious waste incinerators;
(IV)
A permitted commercial and industrial solid waste incinerator, subject to 40
CFR Part
62 Subpart III or applicable state plan for existing commercial and
industrial solid waste incinerators, or 40 CFR Part
60 Subpart CCCC for new
commercial and industrial solid waste incinerators; or
(V) A permitted hazardous waste combustor
subject to 40 CFR Part
63 Subpart EEE.
(h) Residues of hazardous waste
pharmaceuticals in empty containers.
1. Stock,
dispensing, and unit-dose containers. A stock bottle, dispensing bottle, vial,
or ampule (not to exceed 1 liter or 10,000 pills); or a unit-dose container
(e.g., a unit-dose packet, cup, wrapper, blister pack, or delivery device) is
considered empty and the residues are not regulated as hazardous waste provided
the pharmaceuticals have been removed from the stock bottle, dispensing bottle,
vial, ampule, or the unit-dose container using the practices commonly employed
to remove materials from that type of container.
2. Syringes. A syringe is considered empty
and the residues are not regulated as hazardous waste under this paragraph
provided the contents have been removed by fully depressing the plunger of the
syringe. If a syringe is not empty, the syringe must be placed with its
remaining hazardous waste pharmaceuticals into a container that is managed and
disposed of as a non-creditable hazardous waste pharmaceutical under this
paragraph and any applicable federal, state, and local requirements for sharps
containers and medical waste.
3.
Intravenous (IV) bags. An IV bag is considered empty and the residues are not
regulated as hazardous waste provided the pharmaceuticals in the IV bag have
been fully administered to a patient. If an IV bag is not empty, the IV bag
must be placed with its remaining hazardous waste pharmaceuticals into a
container that is managed and disposed of as a non-creditable hazardous waste
pharmaceutical under this paragraph, unless the IV bag held non-acute hazardous
waste pharmaceuticals and is empty as defined in subpart (1)(g)2(i) of Rule
0400-12-01-.02.
4. Other containers, including delivery
devices. Hazardous waste pharmaceuticals remaining in all other types of
unused, partially administered, or fully administered containers must be
managed as non-creditable hazardous waste pharmaceuticals under this paragraph,
unless the container held non-acute hazardous waste pharmaceuticals and is
empty as defined in subpart (1)(g)2(i) or (ii) of Rule
0400-12-01-.02. This includes,
but is not limited to, residues in inhalers, aerosol cans, nebulizers, tubes of
ointments, gels, or creams.
(i) Shipping non-creditable hazardous waste
pharmaceuticals from a healthcare facility or evaluated hazardous waste
pharmaceuticals from a reverse distributor.
1. Shipping non-creditable hazardous waste
pharmaceuticals or evaluated hazardous waste pharmaceuticals. A healthcare
facility must ship non-creditable hazardous waste pharmaceuticals and a reverse
distributor must ship evaluated hazardous waste pharmaceuticals off-site to a
designated facility (such as a permitted or interim status treatment, storage,
or disposal facility) in compliance with:
(i)
The following pre-transport requirements, before transporting or offering for
transport off-site:
(I) Packaging. Package the
waste in accordance with the applicable Department of Transportation
regulations on hazardous materials under 49 CFR parts
173,
178, and
180.
(II) Labeling. Label each
package in accordance with the applicable Department of Transportation
regulations on hazardous materials under 49 CFR part
172 subpart E.
(III) Marking.
I. Mark each package of hazardous waste
pharmaceuticals in accordance with the applicable Department of Transportation
(DOT) regulations on hazardous materials under 49 CFR part
172 subpart D;
II Mark each container of 119
gallons or less used in such transportation with the following words and
information in accordance with the requirements of
49 CFR
172.304:
HAZARDOUS WASTE--Federal Law Prohibits Improper Disposal. If
found, contact the nearest police or public safety authority or the U.S.
Environmental Protection Agency.
Healthcare Facility's or Reverse distributor's Name and
Address __________________________________________________
Healthcare Facility's or Reverse distributor's EPA
Identification
Number ___________________________________________
Manifest Tracking Number
____________________________
III. Lab packs that will be incinerated in
compliance with part (3)(c)3 of Rule
0400-12-01-.10 are not required
to be marked with hazardous waste code(s), except D004, D005, D006, D007, D008,
D010, and D011, where applicable. A nationally recognized electronic system,
such as bar coding or radio frequency identification, may be used to identify
the hazardous waste code(s).
(IV) Placarding. Placard or offer the initial
transporter the appropriate placards according to Department of Transportation
regulations for hazardous materials under 49 CFR Part
172 Subpart F.
(ii) The manifest requirements of
paragraph (3) of Rule
0400-12-01-.03 [ 40 CFR part
262
subpart B], except that:
(I) A healthcare
facility shipping non-creditable hazardous waste pharmaceuticals is not
required to list all applicable hazardous waste numbers (i.e., hazardous waste
codes) in Item 13 of EPA Form 8700-22.
(II) A healthcare facility shipping
non-creditable hazardous waste pharmaceuticals must write the word "PHARM" or
"PHR" in Item 13 of EPA Form 8700-22.
2. Exporting non-creditable hazardous waste
pharmaceuticals or evaluated hazardous waste pharmaceuticals. A healthcare
facility or reverse distributor that exports non-creditable hazardous waste
pharmaceuticals or evaluated hazardous waste pharmaceuticals is subject to
paragraph (9) of Rule
0400-12-01-.03.
3. Importing non-creditable hazardous waste
pharmaceuticals or evaluated hazardous waste pharmaceuticals. Any person that
imports non-creditable hazardous waste pharmaceuticals or evaluated hazardous
waste pharmaceuticals is subject to paragraph (9) of Rule
0400-12-01-.03. A healthcare
facility or reverse distributor may not accept imported non-creditable
hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals
unless they have a permit or interim status that allows them to accept
hazardous waste from off site.
(j) Shipping potentially creditable hazardous
waste pharmaceuticals from a healthcare facility or a reverse distributor to a
reverse distributor.
1. Shipping potentially
creditable hazardous waste pharmaceuticals. A healthcare facility or a reverse
distributor who transports or offers for transport potentially creditable
hazardous waste pharmaceuticals off-site to a reverse distributor must comply
with all applicable U.S. Department of Transportation regulations in 49 CFR
Part
171 through
180 for any potentially creditable hazardous waste
pharmaceutical that meets the definition of hazardous material in
49 CFR
171.8. For purposes of the Department of
Transportation regulations, a material is considered a hazardous waste if it is
subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental
Protection Agency specified in 40 CFR Part
262 . Because a potentially
creditable hazardous waste pharmaceutical does not require a manifest, it is
not considered hazardous waste under the Department of Transportation
regulations.
2. Delivery
confirmation. Upon receipt of each shipment of potentially creditable hazardous
waste pharmaceuticals, the receiving reverse distributor must provide
confirmation (paper or electronic) to the healthcare facility or reverse
distributor that initiated the shipment that the shipment of potentially
creditable hazardous waste pharmaceuticals has arrived at its destination and
is under the custody and control of the reverse distributor.
3. Procedures for when delivery confirmation
is not received within 35 calendar days. If a healthcare facility or reverse
distributor initiates a shipment of potentially creditable hazardous waste
pharmaceuticals to a reverse distributor and does not receive delivery
confirmation within 35 calendar days from the date that the shipment of
potentially creditable hazardous waste pharmaceuticals was sent, the healthcare
facility or reverse distributor that initiated the shipment must contact the
carrier and the intended recipient (i.e., the reverse distributor) promptly to
report that the delivery confirmation was not received and to determine the
status of the potentially creditable hazardous waste pharmaceuticals.
4. Exporting potentially creditable hazardous
waste pharmaceuticals. A healthcare facility or reverse distributor that sends
potentially creditable hazardous waste pharmaceuticals to a foreign destination
must comply with the applicable portions of paragraph (9) of Rule
0400-12-01-.03 except the
manifesting requirement of part (9)(d)3 of Rule
0400-12-01-.03, in addition to
parts 1 through 3 of this subparagraph.
5. Importing potentially creditable hazardous
waste pharmaceuticals. Any person that imports potentially creditable hazardous
waste pharmaceuticals into the United States is subject to parts 1 through 3 of
this subparagraph in lieu of paragraph (9) of Rule
0400-12-01-.03. Immediately
after the potentially creditable hazardous waste pharmaceuticals enter the
United States, they are subject to all applicable requirements of this
paragraph.
(k) Standards
for the management of potentially creditable hazardous waste pharmaceuticals
and evaluated hazardous waste pharmaceuticals at reverse distributors.
A reverse distributor may accept potentially creditable
hazardous waste pharmaceuticals from off site and accumulate potentially
creditable hazardous waste pharmaceuticals or evaluated hazardous waste
pharmaceuticals on site without a hazardous waste permit or without having
interim status, provided that it complies with the following conditions:
1. Standards for reverse distributors
managing potentially creditable hazardous waste pharmaceuticals and evaluated
hazardous waste pharmaceuticals.
(i)
Notification. A reverse distributor must notify the Commissioner, using a
notification form provided by the Commissioner and completed in accordance with
the instructions accompanying the form, that it is a reverse distributor
operating under this paragraph.
(I) A reverse
distributor that already has an EPA identification number must notify the
Commissioner, using a notification form provided by the Commissioner and
completed in accordance with the instructions accompanying the form, that it is
a reverse distributor, as defined in subparagraph (a) of this paragraph, within
60 days of the effective date of this paragraph, or within 60 days of becoming
subject to this paragraph.
(II) A
reverse distributor that does not have an EPA identification number must obtain
one by notifying the Commissioner, using a notification form provided by the
Commissioner and completed in accordance with the instructions accompanying the
form, that it is a reverse distributor, as defined in subparagraph (a) of this
paragraph, within 60 days of the effective date of this paragraph, or within 60
days of becoming subject to this paragraph.
(ii) Inventory by the reverse distributor. A
reverse distributor must maintain a current inventory of all the potentially
creditable hazardous waste pharmaceuticals and evaluated hazardous waste
pharmaceuticals that are accumulated on site.
(I) A reverse distributor must inventory each
potentially creditable hazardous waste pharmaceutical within 30 calendar days
of each waste arriving at the reverse distributor.
(II) The inventory must include the identity
(e.g., name or national drug code) and quantity of each potentially creditable
hazardous waste pharmaceutical and evaluated hazardous waste
pharmaceutical.
(III) If the
reverse distributor already meets the inventory requirements of this subpart
because of other regulatory requirements, such as Tennessee Board of Pharmacy
regulations, the facility is not required to provide a separate inventory
pursuant to this item.
(iii) Evaluation by a reverse distributor
that is not a manufacturer. A reverse distributor that is not a pharmaceutical
manufacturer must evaluate a potentially creditable hazardous waste
pharmaceutical within 30 calendar days of the waste arriving at the reverse
distributor to establish whether it is destined for another reverse distributor
for further evaluation or verification of manufacturer credit or for a
permitted or interim status treatment, storage, or disposal facility.
(I) A potentially creditable hazardous waste
pharmaceutical that is destined for another reverse distributor is still
considered a "potentially creditable hazardous waste pharmaceutica" and must be
managed in accordance with part 2 of this subparagraph.
(II) A potentially creditable hazardous waste
pharmaceutical that is destined for a permitted or interim status treatment,
storage or disposal facility is considered an "evaluated hazardous waste
pharmaceutica" and must be managed in accordance with part 3 of this
subparagraph.
(iv)
Evaluation by a reverse distributor that is a manufacturer. A reverse
distributor that is a pharmaceutical manufacturer must evaluate a potentially
creditable hazardous waste pharmaceutical to verify manufacturer credit within
30 calendar days of the waste arriving at the facility and following the
evaluation must manage the evaluated hazardous waste pharmaceuticals in
accordance with part 3 of this subparagraph.
(v) Maximum accumulation time for hazardous
waste pharmaceuticals at a reverse distributor.
(I) A reverse distributor may accumulate
potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
waste pharmaceuticals on site for 180 calendar days or less. The 180 days start
after the potentially creditable hazardous waste pharmaceutical has been
evaluated and applies to all hazardous waste pharmaceuticals accumulated on
site, regardless of whether they are destined for another reverse distributor
(i.e., potentially creditable hazardous waste pharmaceuticals) or a permitted
or interim status treatment, storage, or disposal facility (i.e., evaluated
hazardous waste pharmaceuticals).
(II) Aging pharmaceuticals. Unexpired
pharmaceuticals that are otherwise creditable but are awaiting their expiration
date (i.e., aging in a holding morgue) can be accumulated for up to 180 days
after the expiration date, provided that the unexpired pharmaceuticals are
managed in accordance with this part and the container labeling and management
standards in items 3(iv)(I) through (VI) of this subparagraph.
(vi) Security at the reverse
distributor facility. A reverse distributor must prevent unknowing entry and
minimize the possibility for the unauthorized entry into the portion of the
facility where potentially creditable hazardous waste pharmaceuticals and
evaluated hazardous waste pharmaceuticals are kept.
(I) Examples of methods that may be used to
prevent unknowing entry and minimize the possibility for unauthorized entry
include, but are not limited to:
I. A 24-hour
continuous monitoring surveillance system;
II. An artificial barrier such as a fence;
or
III. A means to control entry,
such as keycard access.
(II) If the reverse distributor already meets
the security requirements of this subpart because of other regulatory
requirements, such as Drug Enforcement Administration or Tennessee Board of
Pharmacy regulations, the facility is not required to provide separate security
measures pursuant to this item.
(vii) Contingency plan and emergency
procedures at a reverse distributor. A reverse distributor that accepts
potentially creditable hazardous waste pharmaceuticals from off-site must
prepare a contingency plan and comply with the other requirements of paragraph
(12) of Rule
0400-12-01-.03.
(viii) Closure of a reverse distributor. When
closing an area where a reverse distributor accumulates potentially creditable
hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals,
the reverse distributor must comply with items (1)(h)1(viii)(II) and (III) of
Rule
0400-12-01-.03.
(ix) Reporting by a reverse distributor.
(I) Unauthorized waste report. A reverse
distributor must submit an unauthorized waste report if the reverse distributor
receives waste from off site that it is not authorized to receive (e.g.,
non-pharmaceutical hazardous waste, regulated medical waste). The reverse
distributor must prepare and submit an unauthorized waste report to the
Commissioner within 45 calendar days after the unauthorized waste arrives at
the reverse distributor and must send a copy of the unauthorized waste report
to the healthcare facility (or other entity) that sent the unauthorized waste.
The reverse distributor must manage the unauthorized waste in accordance with
all applicable regulations. The unauthorized waste report must be signed by the
owner or operator of the reverse distributor, or its authorized representative,
and contain the following information:
I. The
EPA identification number, name and address of the reverse
distributor;
II. The date the
reverse distributor received the unauthorized waste;
III. The EPA identification number, name, and
address of the healthcare facility that shipped the unauthorized waste, if
available;
IV. A description and
the quantity of each unauthorized waste the reverse distributor
received;
V. The method of
treatment, storage, or disposal for each unauthorized waste; and
VI. A brief explanation of why the waste was
unauthorized, if known.
(II) Additional reports. The Commissioner may
require reverse distributors to furnish additional reports concerning the
quantities and disposition of potentially creditable hazardous waste
pharmaceuticals and evaluated hazardous waste pharmaceuticals.
(x) Recordkeeping by reverse
distributors. A reverse distributor must keep the following records (paper or
electronic) readily available upon request by an inspector. The periods of
retention referred to in this subpart are extended automatically during the
course of any unresolved enforcement action regarding the regulated activity,
or as requested by the Commissioner.
(I) A
copy of its notification on file for as long as the facility is subject to this
paragraph;
(II) A copy of the
delivery confirmation and the shipping papers for each shipment of potentially
creditable hazardous waste pharmaceuticals that it receives, and a copy of each
unauthorized waste report, for at least three years from the date the shipment
arrives at the reverse distributor; and
(III) A copy of its current inventory for as
long as the facility is subject to this paragraph.
2. Additional standards for
reverse distributors managing potentially creditable hazardous waste
pharmaceuticals destined for another reverse distributor. A reverse distributor
that does not have a permit or interim status must comply with the following
conditions, in addition to the requirements in part 1 of this subparagraph, for
the management of potentially creditable hazardous waste pharmaceuticals that
are destined for another reverse distributor for further evaluation or
verification of manufacturer credit:
(i) A
reverse distributor that receives potentially creditable hazardous waste
pharmaceuticals from a healthcare facility must send those potentially
creditable hazardous waste pharmaceuticals to another reverse distributor
within 180 days after the potentially creditable hazardous waste
pharmaceuticals have been evaluated or follow part 3 of this subparagraph for
evaluated hazardous waste pharmaceuticals.
(ii) A reverse distributor that receives
potentially creditable hazardous waste pharmaceuticals from another reverse
distributor must send those potentially creditable hazardous waste
pharmaceuticals to a reverse distributor that is a pharmaceutical manufacturer
within 180 days after the potentially creditable hazardous waste
pharmaceuticals have been evaluated or follow part 3 of this subparagraph for
evaluated hazardous waste pharmaceuticals.
(iii) A reverse distributor must ship
potentially creditable hazardous waste pharmaceuticals destined for another
reverse distributor in accordance with subparagraph (j) of this
paragraph.
(iv) Recordkeeping by
reverse distributors. A reverse distributor must keep the following records
(paper or electronic) readily available upon request by an inspector for each
shipment of potentially creditable hazardous waste pharmaceuticals that it
initiates to another reverse distributor, for at least three years from the
date of shipment. The periods of retention referred to in this subpart are
extended automatically during the course of any unresolved enforcement action
regarding the regulated activity, or as requested by the Commissioner.
(I) The confirmation of delivery;
and
(II) The DOT shipping papers
prepared in accordance with 49 CFR part
172 subpart C, if applicable.
3. Additional standards
for reverse distributors managing evaluated hazardous waste pharmaceuticals. A
reverse distributor that does not have a permit or interim status must comply
with the following conditions, in addition to the requirements of part 1 of
this subparagraph, for the management of evaluated hazardous waste
pharmaceuticals:
(i) Accumulation area at the
reverse distributor. A reverse distributor must designate an on-site
accumulation area where it will accumulate evaluated hazardous waste
pharmaceuticals.
(ii) Inspections
of on-site accumulation area. A reverse distributor must inspect its on-site
accumulation area at least once every seven days, looking at containers for
leaks and for deterioration caused by corrosion or other factors, as well as
for signs of diversion.
(iii)
Personnel training at a reverse distributor. Personnel at a reverse distributor
that handle evaluated hazardous waste pharmaceuticals are subject to the
training requirements of subpart (1)(h)1(vii) of Rule
0400-12-01-.03.
(iv) Labeling and management of containers at
on-site accumulation areas. A reverse distributor accumulating evaluated
hazardous waste pharmaceuticals in containers in an on-site accumulation area
must:
(I) Label the containers with the words,
"hazardous waste pharmaceutical";
(II) Ensure the containers are in good
condition and managed to prevent leaks;
(III) Use containers that are made of or
lined with materials which will not react with, and are otherwise compatible
with, the evaluated hazardous waste pharmaceuticals, so that the ability of the
container to contain the waste is not impaired;
(IV) Keep containers closed, if holding
liquid or gel evaluated hazardous waste pharmaceuticals. If the liquid or gel
evaluated hazardous waste pharmaceuticals are in their original, intact, sealed
packaging; or repackaged, intact, sealed packaging, they are considered to meet
the closed container standard;
(V)
Manage any container of ignitable or reactive evaluated hazardous waste
pharmaceuticals or any container of commingled incompatible evaluated hazardous
waste pharmaceuticals so that the container does not have the potential to:
I. Generate extreme heat or pressure, fire or
explosion, or violent reaction;
II.
Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient
quantities to threaten human health;
III. Produce uncontrolled flammable fumes or
gases in sufficient quantities to pose a risk of fire or explosions;
IV. Damage the structural integrity of the
container of hazardous waste pharmaceuticals; or
V. Through other like means threaten human
health or the environment; and
(VI) Accumulate evaluated hazardous waste
pharmaceuticals that are prohibited from being combusted because of the
dilution prohibition of part (1)(c)3 of Rule
0400-12-01-.10 (e.g., arsenic
trioxide (P012)) in separate containers from other evaluated hazardous waste
pharmaceuticals at the reverse distributor.
(v) Hazardous waste numbers. Prior to
shipping evaluated hazardous waste pharmaceuticals off site, all containers
must be marked with the applicable hazardous waste numbers (i.e., hazardous
waste codes). A nationally recognized electronic system, such as bar coding or
radio frequency identification, may be used to identify the EPA Hazardous Waste
Number(s).
(vi) Shipments. A
reverse distributor must ship evaluated hazardous waste pharmaceuticals that
are destined for a permitted or interim status treatment, storage or disposal
facility in accordance with the applicable shipping standards in part (i)1 or 2
of this paragraph.
(vii) Procedures
for a reverse distributor for managing rejected shipments. A reverse
distributor that sends a shipment of evaluated hazardous waste pharmaceuticals
to a designated facility with the understanding that the designated facility
can accept and manage the waste, and later receives that shipment back as a
rejected load in accordance with the manifest discrepancy provisions of
subparagraph (5)(c) of Rule
0400-12-01-.05 or subparagraph
(5)(c) of Rule
0400-12-01-.06, may accumulate
the returned evaluated hazardous waste pharmaceuticals on site for up to an
additional 90 days in the on-site accumulation area provided the rejected or
returned shipment is managed in accordance with part 1 of this subparagraph and
with this part. Upon receipt of the returned shipment, the reverse distributor
must:
(I) Sign either:
I. Item 18c of the original manifest, if the
original manifest was used for the returned shipment; or
II. Item 20 of the new manifest, if a new
manifest was used for the returned shipment;
(II) Provide the transporter a copy of the
manifest;
(III) Within 30 days of
receipt of the rejected shipment of the evaluated hazardous waste
pharmaceuticals, send a copy of the manifest to the designated facility that
returned the shipment to the reverse distributor; and
(IV) Within 90 days of receipt of the
rejected shipment, transport or offer for transport the returned shipment of
evaluated hazardous waste pharmaceuticals in accordance with the applicable
shipping standards of part (i)1 or 2 of this paragraph.
(viii) Land disposal restrictions. Evaluated
hazardous waste pharmaceuticals are subject to the land disposal restrictions
of Rule
0400-12-01-.10. A reverse
distributor that accepts potentially creditable hazardous waste pharmaceuticals
from off-site must comply with the land disposal restrictions in accordance
with part (1)(g)1 of Rule
0400-12-01-.10
requirements.
(ix) Reporting by a
reverse distributor for evaluated hazardous waste pharmaceuticals.
(I) Annual reporting by a reverse
distributor. A reverse distributor that ships evaluated hazardous waste
pharmaceuticals off-site must prepare and submit a single copy of an annual
report to the Commissioner by March 1 of each year in accordance with
subparagraph (5)(b) of Rule
0400-12-01-.03.
(II) Exception reporting by a reverse
distributor for a missing copy of the manifest.
I. For shipments from a reverse distributor
to a designated facility.
A. If a reverse
distributor does not receive a copy of the manifest with the signature of the
owner or operator of the designated facility within 35 days of the date the
evaluated hazardous waste pharmaceuticals were accepted by the initial
transporter, the reverse distributor must contact the transporter or the owner
or operator of the designated facility to determine the status of the evaluated
hazardous waste pharmaceuticals.
B.
A reverse distributor must submit an exception report to the Commissioner if it
has not received a copy of the manifest with the signature of the owner or
operator of the designated facility within 45 days of the date the evaluated
hazardous waste pharmaceutical was accepted by the initial transporter. The
exception report must include:
(A) A legible
copy of the manifest for which the reverse distributor does not have
confirmation of delivery; and
(B) A
cover letter signed by the reverse distributor, or its authorized
representative, explaining the efforts taken to locate the evaluated hazardous
waste pharmaceuticals and the results of those efforts.
II. For shipments rejected by the
designated facility and shipped to an alternate facility.
A. A reverse distributor that does not
receive a copy of the manifest with the signature of the owner or operator of
the alternate facility within 35 days of the date the evaluated hazardous waste
pharmaceuticals were accepted by the initial transporter must contact the
transporter or the owner or operator of the alternate facility to determine the
status of the hazardous waste. The 35-day time frame begins the date the
evaluated hazardous waste pharmaceuticals are accepted by the transporter
forwarding the hazardous waste shipment from the designated facility to the
alternate facility.
B. A reverse
distributor must submit an exception report to the Commissioner if it has not
received a copy of the manifest with the signature of the owner or operator of
the alternate facility within 45 days of the date the evaluated hazardous waste
pharmaceuticals were accepted by the initial transporter. The 45-day timeframe
begins the date the evaluated hazardous waste pharmaceuticals are accepted by
the transporter forwarding the hazardous waste pharmaceutical shipment from the
designated facility to the alternate facility. The exception report must
include:
(A) A legible copy of the manifest
for which the generator does not have confirmation of delivery; and
(B) A cover letter signed by the reverse
distributor, or its authorized representative, explaining the efforts taken to
locate the evaluated hazardous waste pharmaceuticals and the results of those
efforts.
(x) Recordkeeping by a reverse distributor
for evaluated hazardous waste pharmaceuticals.
(I) A reverse distributor must keep a log
(written or electronic) of the inspections of the on-site accumulation area,
required by subpart (ii) of this part. This log must be retained as a record
for at least three years from the date of the inspection.
(II) A reverse distributor must keep a copy
of each manifest signed in accordance with part (3)(d)1 of Rule
0400-12-01-.03 for three years
or until it receives a signed copy from the designated facility that received
the evaluated hazardous waste pharmaceutical. This signed copy must be retained
as a record for at least three years from the date the evaluated hazardous
waste pharmaceutical was accepted by the initial transporter.
(III) A reverse distributor must keep a copy
of each annual report for at least three years from the due date of the
report.
(IV) A reverse distributor
must keep a copy of each exception report for at least three years from the
submission of the report.
(V) A
reverse distributor must keep records to document personnel training, in
accordance with item (1)(h)1(vii)(IV) of Rule
0400-12-01-.03.
(VI) All records must be readily available
upon request by an inspector. The periods of retention referred to in this
subpart are extended automatically during the course of any unresolved
enforcement action regarding the regulated activity, or as requested by the
Commissioner.
4. When a reverse distributor must have a
permit. A reverse distributor is an operator of a hazardous waste treatment,
storage, or disposal facility and is subject to the requirements of Rule
0400-12-01-.05 and
0400-12-01-.06 and the permit
requirements of Rule
0400-12-01-.07, if the reverse
distributor:
(i) Does not meet the conditions
of this subparagraph;
(ii) Accepts
manifested hazardous waste from off site; or
(iii) Treats or disposes of hazardous waste
pharmaceuticals on site.
(17) through (26) (RESERVED)
(27) through (29) (RESERVED) [40 CFR
266 Subpart AA-CC]
Appendix I-Tier I and Tier II Feed Rate and Emissions
Screening Limits for Metals [40 CFR 266 APPENDIX I]
Table I-A.-Tier I and Tier II Feed Rate and Emissions
Screening Limits for Noncarcinogenic Metals for Facilities in Noncomplex
Terrain
[Values for Urban Areas]
|
Terrain-adjusted Eff. Stack Ht. (m)
|
Antimony (g/hr)
|
Barium (g/hr)
|
Lead (g/hr)
|
Mercury (g/hr)
|
Silver (g/hr)
|
Thallium (g/hr)
|
|
4
|
6.0E+01
|
1.0E+04
|
1.8E+01
|
6.0E+01
|
6.0E+02
|
6.0E+01
|
|
6
|
6.8E+01
|
1.1E+04
|
2.0E+01
|
6.8E+01
|
6.8E+02
|
6.8E+01
|
|
8
|
7.6E+01
|
1.3E+04
|
2.3E+01
|
7.6E+01
|
7.6E+02
|
7.6E+01
|
|
10
|
8.6E+01
|
1.4E+04
|
2.6E+01
|
8.6E+01
|
8.6E+02
|
8.6E+01
|
|
12
|
9.6E+01
|
1.7E+04
|
3.0E+01
|
9.6E+01
|
9.6E+02
|
9.6E+01
|
|
14
|
1.1E+02
|
1.8E+04
|
3.4E+01
|
1.1E+02
|
1.1E+03
|
1.1E+02
|
|
16
|
1.3E+02
|
2.1E+04
|
3.6E+01
|
1.3E+02
|
1.3E+03
|
1.3E+02
|
|
18
|
1.4E+02
|
2.4E+04
|
4.3E+01
|
1.4E+02
|
1.4E+03
|
1.4E+02
|
|
20
|
1.6E+02
|
2.7E+04
|
4.6E+01
|
1.6E+02
|
1.6E+03
|
1.6E+02
|
|
22
|
1.8E+02
|
3.0E+04
|
5.4E+01
|
1.8E+02
|
1.8E+03
|
1.8E+02
|
|
24
|
2.0E+02
|
3.4E+04
|
6.0E+01
|
2.0E+02
|
2.0E+03
|
2.0E+02
|
|
26
|
2.3E+02
|
3.9E+04
|
6.8E+01
|
2.3E+02
|
2.3E+03
|
2.3E+02
|
|
28
|
2.6E+02
|
4.3E+04
|
7.8E+01
|
2.6E+02
|
2.6E+03
|
2.6E+02
|
|
30
|
3.0E+02
|
5.0E+04
|
9.0E+01
|
3.0E+02
|
3.0E+03
|
3.0E+02
|
|
35
|
4.0E+02
|
6.6E+04
|
1.1E+02
|
4.0E+02
|
4.0E+03
|
4.0E+02
|
|
40
|
4.6E+02
|
7.8E+04
|
1.4E+02
|
4.6E+02
|
4.6E+03
|
4.6E+02
|
|
45
|
6.0E+02
|
1.0E+05
|
1.8E+02
|
6.0E+02
|
6.0E+03
|
6.0E+02
|
|
50
|
7.8E+02
|
1.3E+05
|
2.3E+02
|
7.8E+02
|
7.8E+03
|
7.8E+02
|
|
55
|
9.6E+02
|
1.7E+05
|
3.0E+02
|
9.6E+02
|
9.6E+03
|
9.6E+02
|
|
60
|
1.2E+03
|
2.0E+05
|
3.6E+02
|
1.2E+03
|
1.2E+04
|
1.2E+03
|
|
65
|
1.5E+03
|
2.5E+05
|
4.3E+02
|
1.5E+03
|
1.5E+04
|
1.5E+03
|
|
70
|
1.7E+03
|
2.8E+05
|
5.0E+02
|
1.7E+03
|
1.7E+04
|
1.7E+03
|
|
75
|
1.9E+03
|
3.2E+05
|
5.8E+02
|
1.9E+03
|
1.9E+04
|
1.9E+03
|
|
80
|
2.2E+03
|
3.6E+05
|
6.4E+02
|
2.2E+03
|
2.2E+04
|
2.2E+03
|
|
85
|
2.5E+03
|
4.0E+05
|
7.6E+02
|
2.5E+03
|
2.5E+04
|
2.5E+03
|
|
90
|
2.8E+03
|
4.6E+05
|
8.2E+02
|
2.8E+03
|
2.8E+04
|
2.8E+03
|
|
95
|
3.2E+03
|
5.4E+05
|
9.6E+02
|
3.2E+03
|
3.2E+04
|
3.2E+03
|
|
100
|
3.6E+03
|
6.0E+05
|
1.1E+03
|
3.6E+03
|
3.6E+04
|
3.6E+03
|
|
105
|
4.0E+03
|
6.8E+05
|
1.2E+03
|
4.0E+03
|
4.0E+04
|
4.0E+03
|
|
110
|
4.6E+03
|
7.8E+05
|
1.4E+03
|
4.6E+03
|
4.6E+04
|
4.6E+03
|
|
115
|
5.4E+03
|
8.6E+05
|
1.6E+03
|
5.4E+03
|
5.4E+04
|
5.4E+03
|
|
120
|
6.0E+03
|
1.0E+06
|
1.8E+03
|
6.0E+03
|
6.0E+04
|
6.0E+03
|
Table I-B.-Tier I and Tier II Feed Rate and Emissions
Screening Limits for Noncarcinogenic Metals for Facilities in Noncomplex
Terrain
[Values for Rural Areas]
|
Terrain-adjusted Eff. Stack Ht. (m)
|
Antimony (g/hr)
|
Barium (g/hr)
|
Lead (g/hr)
|
Mercury (g/hr)
|
Silver (g/hr)
|
Thallium (g/hr)
|
|
4
|
3.1E+01
|
5.2E+03
|
9.4E+00
|
3.1E+01
|
3.1E+02
|
3.1E+01
|
|
6
|
3.6E+01
|
6.0E+03
|
1.1E+01
|
3.6E+01
|
3.6E+02
|
3.6E+01
|
|
8
|
4.0E+01
|
6.8E+03
|
1.2E+01
|
4.0E+01
|
4.0E+02
|
4.0E+01
|
|
10
|
4.6E+01
|
7.8E+03
|
1.4E+01
|
4.6E+01
|
4.6E+02
|
4.6E+01
|
|
12
|
5.8E+01
|
9.6E+03
|
1.7E+01
|
5.8E+01
|
5.8E+02
|
5.8E+01
|
|
14
|
6.8E+01
|
1.1E+04
|
2.1E+01
|
6.8E+01
|
6.8E+02
|
6.8E+01
|
|
16
|
8.6E+01
|
1.4E+04
|
2.6E+01
|
8.6E+01
|
8.6E+02
|
8.6E+01
|
|
18
|
1.1E+02
|
1.8E+04
|
3.2E+01
|
1.1E+02
|
1.1E+03
|
1.1E+02
|
|
20
|
1.3E+02
|
2.2E+04
|
4.0E+01
|
1.3E+02
|
1.3E+03
|
1.3E+02
|
|
22
|
1.7E+02
|
2.8E+04
|
5.0E+01
|
1.7E+02
|
1.7E+03
|
1.7E+02
|
|
24
|
2.2E+02
|
3.6E+04
|
6.4E+01
|
2.2E+02
|
2.2E+03
|
2.2E+02
|
|
26
|
2.8E+02
|
4.6E+04
|
8.2E+01
|
2.8E+02
|
2.8E+03
|
2.8E+02
|
|
28
|
3.5E+02
|
5.8E+04
|
1.0E+02
|
3.5E+02
|
3.5E+03
|
3.5E+02
|
|
30
|
4.3E+02
|
7.6E+04
|
1.3E+02
|
4.3E+02
|
4.3E+03
|
4.3E+02
|
|
35
|
7.2E+02
|
1.2E+05
|
2.1E+02
|
7.2E+02
|
7.2E+03
|
7.2E+02
|
|
40
|
1.1E+03
|
1.8E+05
|
3.2E+02
|
1.1E+03
|
1.1E+04
|
1.1E+03
|
|
45
|
1.5E+03
|
2.5E+05
|
4.6E+02
|
1.5E+03
|
1.5E+04
|
1.5E+03
|
|
50
|
2.0E+03
|
3.3E+05
|
6.0E+02
|
2.0E+03
|
2.0E+04
|
2.0E+03
|
|
55
|
2.6E+03
|
4.4E+05
|
7.8E+02
|
2.6E+03
|
2.6E+04
|
2.6E+03
|
|
60
|
3.4E+03
|
5.8E+05
|
1.0E+03
|
3.4E+03
|
3.4E+04
|
3.4E+03
|
|
65
|
4.6E+03
|
7.6E+05
|
1.4E+03
|
4.6E+03
|
4.6E+04
|
4.6E+03
|
|
70
|
5.4E+03
|
9.0E+05
|
1.6E+03
|
5.4E+03
|
5.4E+04
|
5.4E+03
|
|
75
|
6.4E+03
|
1.1E+06
|
1.9E+03
|
6.4E+03
|
6.4E+04
|
6.4E+03
|
|
80
|
7.6E+03
|
1.3E+06
|
2.3E+03
|
7.6E+03
|
7.6E+04
|
7.6E+03
|
|
85
|
9.4E+03
|
1.5E+06
|
2.8E+03
|
9.4E+03
|
9.4E+04
|
9.4E+03
|
|
90
|
1.1E+04
|
1.8E+06
|
3.3E+03
|
1.1E+04
|
1.1E+05
|
1.1E+04
|
|
95
|
1.3E+04
|
2.2E+06
|
3.9E+03
|
1.3E+04
|
1.3E+05
|
1.3E+04
|
|
100
|
1.5E+04
|
2.6E+06
|
4.6E+03
|
1.5E+04
|
1.5E+05
|
1.5E+04
|
|
105
|
1.8E+04
|
3.0E+06
|
5.4E+03
|
1.8E+04
|
1.8E+05
|
1.8E+04
|
|
110
|
2.2E+04
|
3.6E+06
|
6.6E+03
|
2.2E+04
|
2.2E+05
|
2.2E+04
|
|
115
|
2.6E+04
|
4.4E+06
|
7.8E+03
|
2.6E+04
|
2.6E+05
|
2.6E+04
|
|
120
|
3.1E+04
|
5.0E+06
|
9.2E+03
|
3.1E+04
|
3.1E+05
|
3.1E+04
|
Table I-C.-Tier I and Tier II Feed Rate and Emissions
Screening Limits for Noncarcinogenic Metals for Facilities in Complex
Terrain
[Values for Urban and Rural Areas]
|
Terrain-adjusted Eff. Stack Ht. (m)
|
Antimony (g/hr)
|
Barium (g/hr)
|
Lead (g/hr)
|
Mercury (g/hr)
|
Silver (g/hr)
|
Thallium (g/hr)
|
|
4
|
1.4E+01
|
2.4E+03
|
4.3E+00
|
1.4E+01
|
1.4E+02
|
1.4E+01
|
|
6
|
2.1E+01
|
3.5E+03
|
6.2E+00
|
2.1E+01
|
2.1E+02
|
2.1E+01
|
|
8
|
3.0E+01
|
5.0E+03
|
9.2E+00
|
3.0E+01
|
3.0E+02
|
3.0E+01
|
|
10
|
4.3E+01
|
7.6E+03
|
1.3E+01
|
4.3E+01
|
4.3E+02
|
4.3E+01
|
|
12
|
5.4E+01
|
9.0E+03
|
1.7E+01
|
5.4E+01
|
5.4E+02
|
5.4E+01
|
|
14
|
6.8E+01
|
1.1E+04
|
2.0E+01
|
6.8E+01
|
6.8E+02
|
6.8E+01
|
|
16
|
7.8E+01
|
1.3E+04
|
2.4E+01
|
7.8E+01
|
7.8E+02
|
7.8E+01
|
|
18
|
8.6E+01
|
1.4E+04
|
2.6E+01
|
8.6E+01
|
8.6E+02
|
8.6E+01
|
|
20
|
9.6E+01
|
1.6E+04
|
2.9E+01
|
9.6E+01
|
9.6E+02
|
9.6E+01
|
|
22
|
1.0E+02
|
1.8E+04
|
3.2E+01
|
1.0E+02
|
1.0E+03
|
1.0E+02
|
|
24
|
1.2E+02
|
1.9E+04
|
3.5E+01
|
1.2E+02
|
1.2E+03
|
1.2E+02
|
|
26
|
1.3E+02
|
2.2E+04
|
3.6E+01
|
1.3E+02
|
1.3E+03
|
1.3E+02
|
|
28
|
1.4E+02
|
2.4E+04
|
4.3E+01
|
1.4E+02
|
1.4E+03
|
1.4E+02
|
|
30
|
1.6E+02
|
2.7E+04
|
4.6E+01
|
1.6E+02
|
1.6E+03
|
1.6E+02
|
|
35
|
2.0E+02
|
3.3E+04
|
5.8E+01
|
2.0E+02
|
2.0E+03
|
2.0E+02
|
|
40
|
2.4E+02
|
4.0E+04
|
7.2E+01
|
2.4E+02
|
2.4E+03
|
2.4E+02
|
|
45
|
3.0E+02
|
5.0E+04
|
9.0E+01
|
3.0E+02
|
3.0E+03
|
3.0E+02
|
|
50
|
3.6E+02
|
6.0E+04
|
1.1E+02
|
3.6E+02
|
3.6E+03
|
3.6E+02
|
|
55
|
4.6E+02
|
7.6E+04
|
1.4E+02
|
4.6E+02
|
4.6E+03
|
4.6E+02
|
|
60
|
5.8E+02
|
9.4E+04
|
1.7E+02
|
5.8E+02
|
5.8E+03
|
5.8E+02
|
|
65
|
6.8E+02
|
1.1E+05
|
2.1E+02
|
6.8E+02
|
6.8E+03
|
6.8E+02
|
|
70
|
7.8E+02
|
1.3E+05
|
2.4E+02
|
7.8E+02
|
7.8E+03
|
7.8E+02
|
|
75
|
8.6E+02
|
1.4E+05
|
2.6E+02
|
8.6E+02
|
8.6E+03
|
8.6E+02
|
|
80
|
9.6E+02
|
1.6E+05
|
2.9E+02
|
9.6E+02
|
9.6E+03
|
9.6E+02
|
|
85
|
1.1E+03
|
1.8E+05
|
3.3E+02
|
1.1E+03
|
1.1E+04
|
1.1E+03
|
|
90
|
1.2E+03
|
2.0E+05
|
3.6E+02
|
1.2E+03
|
1.2E+04
|
1.2E+03
|
|
95
|
1.4E+03
|
2.3E+05
|
4.0E+02
|
1.4E+03
|
1.4E+04
|
1.4E+03
|
|
100
|
1.5E+03
|
2.6E+05
|
4.6E+02
|
1.5E+03
|
1.5E+04
|
1.5E+03
|
|
105
|
1.7E+03
|
2.8E+05
|
5.0E+02
|
1.7E+03
|
1.7E+04
|
1.7E+03
|
|
110
|
1.9E+03
|
3.2E+05
|
5.8E+02
|
1.9E+03
|
1.9E+04
|
1.9E+03
|
|
115
|
2.1E+03
|
3.6E+05
|
6.4E+02
|
2.1E+03
|
2.1E+04
|
2.1E+03
|
|
120
|
2.4E+03
|
4.0E+05
|
7.2E+02
|
2.4E+03
|
2.4E+04
|
2.4E+03
|
Table I-D.-Tier I and Tier II Feed Rate and Emissions
Screening Limits for Carcinogenic Metals for Facilities in Noncomplex
Terrain
|
Values for Use in Urban Areas
|
Values for Use in Rural Areas
|
|
Terrain-adjusted Eff. Stack Ht. (m)
|
Arsenic (g/hr)
|
Cadmiu m (g/hr)
|
Chromium (g/hr)
|
Beryllium (g/hr)
|
Arseni c (g/hr)
|
Cadmiu m (g/hr)
|
Chromium (g/hr)
|
Beryllium (g/hr)
|
|
4
|
4.6E-01
|
1.1E+00
|
1.7E-01
|
8.2E-01
|
2.4E-
|
5.8E-01
|
8.6E-02
|
4.3E-
|
|
6
|
5.4E-01
|
1.3E+00
|
1.9E-01
|
9.4E-01
|
2.8E-
|
6.6E-01
|
1.0E-01
|
5.0E-
|
|
8
|
6.0E-01
|
1.4E+00
|
2.2E-01
|
1.1E+00
|
3.2E-
|
7.6E-01
|
1.1E-01
|
5.6E-
|
|
10
|
6.8E-01
|
1.6E+00
|
2.4E-01
|
1.2E+00
|
01 3.6E-
|
8.6E-01
|
1.3E-01
|
01 6.4E-
|
|
12
|
7.6E-01
|
1.8E+00
|
2.7E-01
|
1.4E+00
|
01 4.3E-
|
1.1E+00
|
1.6E-01
|
01 7.8E-
|
|
14
|
8.6E-01
|
2.1E+00
|
3.1E-01
|
1.5E+00
|
5.4E-
|
1.3E+00
|
2.0E-01
|
9.6E-
|
|
16
|
9.6E-01
|
2.3E+00
|
3.5E-01
|
1.7E+00
|
6.8E-
|
1.6E+00
|
2.4E-01
|
1.2E+0
|
|
18
|
1.1E+0 0
|
2.6E+00
|
4.0E-01
|
2.0E+00
|
8.2E-01
|
2.0E+00
|
3.0E-01
|
1.5E+0 0
|
|
20
|
1.2E+0 0
|
3.0E+00
|
4.4E-01
|
2.2E+00
|
1.0E+0 0
|
2.5E+00
|
3.7E-01
|
1.9E+0 0
|
|
22
|
1.4E+0 0
|
3.4E+00
|
5.0E-01
|
2.5E+00
|
1.3E+0 0
|
3.2E+00
|
4.8E-01
|
2.4E+0 0
|
|
24
|
1.6E+0 0
|
3.9E+00
|
5.8E-01
|
2.8E+00
|
1.7E+0 0
|
4.0E+00
|
6.0E-01
|
3.0E+0 0
|
|
26
|
1.8E+0 0
|
4.3E+00
|
6.4E-01
|
3.2E+00
|
2.1E+0 0
|
5.0E+00
|
7.6E-01
|
3.9E+0 0
|
|
28
|
2.0E+0
|
4.8E+00
|
7.2E-01
|
3.6E+00
|
2.7E+0
|
6.4E+00
|
9.8E-01
|
5.0E+0
|
|
30
|
2.3E+0 0
|
5.4E+00
|
8.2E-01
|
4.0E+00
|
3.5E+0 0
|
8.2E+00
|
1.2E+00
|
6.2E+0 0
|
|
35
|
3.0E+0 0
|
6.8E+00
|
1.0E+00
|
5.4E+00
|
5.4E+0 0
|
1.3E+01
|
1.9E+00
|
9.6E+0 0
|
|
40
|
3.6E+0 0
|
9.0E+00
|
1.3E+00
|
6.8E+00
|
8.2E+0 0
|
2.0E+01
|
3.0E+00
|
1.5E+0 1
|
|
45
|
4.6E+0 0
|
1.1E+01
|
1.7E+00
|
8.6E+00
|
1.1E+0 1
|
2.8E+01
|
4.2E+00
|
2.1E+0 1
|
|
50
|
6.0E+0 0
|
1.4E+01
|
2.2E+00
|
1.1E+01
|
1.5E+0 1
|
3.7E+01
|
5.4E+00
|
2.8E+0 1
|
|
55
|
7.6E+0 0
|
1.8E+01
|
2.7E+00
|
1.4E+01
|
2.0E+0 1
|
5.0E+01
|
7.2E+00
|
3.6E+0 1
|
|
60
|
9.4E+0 0
|
2.2E+01
|
3.4E+00
|
1.7E+01
|
2.7E+0 1
|
6.4E+01
|
9.6E+00
|
4.8E+0 1
|
|
65
|
1.1E+0 1
|
2.8E+01
|
4.2E+00
|
2.1E+01
|
3.6E+0 1
|
8.6E+01
|
1.3E+01
|
6.4E+0 1
|
|
70
|
1.3E+0 1
|
3.1E+01
|
4.6E+00
|
2.4E+01
|
4.3E+0 1
|
1.0E+02
|
1.5E+01
|
7.6E+0 1
|
|
75
|
1.5E+0 1
|
3.6E+01
|
5.4E+00
|
2.7E+01
|
5.0E+0 1
|
1.2E+02
|
1.8E+01
|
9.0E+0 1
|
|
80
|
1.7E+01
|
4.0E+01
|
6.0E+00
|
3.0E+01
|
6.0E+01
|
1.4E+02
|
2.2E+01
|
1.1E+02
|
|
85
|
1.9E+0 1
|
4.6E+01
|
6.8E+00
|
3.4E+01
|
7.2E+0 1
|
1.7E+02
|
2.6E+01
|
1.3E+0 2
|
|
90
|
2.2E+0 1
|
5.0E+01
|
7.8E+00
|
3.9E+01
|
8.6E+0 1
|
2.0E+02
|
3.0E+01
|
1.5E+0 2
|
|
95
|
2.5E+0 1
|
5.8E+01
|
9.0E+00
|
4.4E+01
|
1.0E+0 2
|
2.4E+02
|
3.6E+01
|
1.8E+0 2
|
|
100
|
2.8E+0 1
|
6.8E+01
|
1.0E+01
|
5.0E+01
|
1.2E+0 2
|
2.9E+02
|
4.3E+01
|
2.2E+0 2
|
|
105
|
3.2E+0 1
|
7.6E+01
|
1.1E+01
|
5.6E+01
|
1.4E+0 2
|
3.4E+02
|
5.0E+01
|
2.6E+0 2
|
|
110
|
3.6E+0 1
|
8.6E+01
|
1.3E+01
|
6.4E+01
|
1.7E+0 2
|
4.0E+02
|
6.0E+01
|
3.0E+0 2
|
|
115
|
4.0E+0 1
|
9.6E+01
|
1.5E+01
|
7.2E+01
|
2.0E+0 2
|
4.8E+02
|
7.2E+01
|
3.6E+0 2
|
|
120
|
4.6E+0 1
|
1.1E+02
|
1.7E+01
|
8.2E+01
|
2.4E+0 2
|
5.8E+02
|
8.6E+01
|
4.3E+0 2
|
Table I-E.-Tier I and Tier II Feed Rate and Emissions
Screening Limits for Carcinogenic Metals for Facilities in Complex
Terrain
|
Values for Use in Urban and Rural Area
|
|
Terrain-adjusted Eff. Stack Ht. (m)
|
Arsenic (g/hr)
|
Cadmium (g/hr)
|
Chromium (g/hr)
|
Beryllium (g/hr)
|
|
4
|
1.1E-01
|
2.6E-01
|
4.0E-02
|
2.0E-01
|
|
6
|
1.6E-01
|
3.9E-01
|
5.8E-02
|
2.9E-01
|
|
8
|
2.4E-01
|
5.8E-01
|
8.6E-02
|
4.3E-01
|
|
10
|
3.5E-01
|
8.2E-01
|
1.3E-01
|
6.2E-01
|
|
12
|
4.3E-01
|
1.0E+00
|
1.5E-01
|
7.6E-01
|
|
14
|
5.0E-01
|
1.3E+00
|
1.9E-01
|
9.4E-01
|
|
16
|
6.0E-01
|
1.4E+00
|
2.2E-01
|
1.1E+00
|
|
18
|
6.8E-01
|
1.6E+00
|
2.4E-01
|
1.2E+00
|
|
20
|
7.6E-01
|
1.8E+00
|
2.7E-01
|
1.3E+00
|
|
22
|
8.2E-01
|
1.9E+00
|
3.0E-01
|
1.5E+00
|
|
24
|
9.0E-01
|
2.1E+00
|
3.3E-01
|
1.6E+00
|
|
26
|
1.0E+00
|
2.4E+00
|
3.6E-01
|
1.8E+00
|
|
28
|
1.1E+00
|
2.7E+00
|
4.0E-01
|
2.0E+00
|
|
30
|
1.2E+00
|
3.0E+00
|
4.4E-01
|
2.2E+00
|
|
35
|
1.5E+00
|
3.7E+00
|
5.4E-01
|
2.7E+00
|
|
40
|
1.9E+00
|
4.6E+00
|
6.8E-01
|
3.4E+00
|
|
45
|
2.4E+00
|
5.4E+00
|
8.4E-01
|
4.2E+00
|
|
50
|
2.9E+00
|
6.8E+00
|
1.0E+00
|
5.0E+00
|
|
55
|
3.5E+00
|
8.4E+00
|
1.3E+00
|
6.4E+00
|
|
60
|
4.3E+00
|
1.0E+01
|
1.5E+00
|
7.8E+00
|
|
65
|
5.4E+00
|
1.3E+01
|
1.9E+00
|
9.6E+00
|
|
70
|
6.0E+00
|
1.4E+01
|
2.2E+00
|
1.1E+01
|
|
75
|
6.8E+00
|
1.6E+01
|
2.4E+00
|
1.2E+01
|
|
80
|
7.6E+00
|
1.8E+01
|
2.7E+00
|
1.3E+01
|
|
85
|
8.2E+00
|
2.0E+01
|
3.0E+00
|
1.5E+01
|
|
90
|
9.4E+00
|
2.3E+01
|
3.4E+00
|
1.7E+01
|
|
95
|
1.0E+01
|
2.5E+01
|
4.0E+00
|
1.9E+01
|
|
100
|
1.2E+01
|
2.8E+01
|
4.3E+00
|
2.1E+01
|
|
105
|
1.3E+01
|
3.2E+01
|
4.8E+00
|
2.4E+01
|
|
110
|
1.5E+01
|
3.5E+01
|
5.4E+00
|
2.7E+01
|
|
115
|
1.7E+01
|
4.0E+01
|
6.0E+00
|
3.0E+01
|
|
120
|
1.9E+01
|
4.4E+01
|
6.4E+00
|
3.3E+01
|
Appendix II - Tier I Feed Rate Screening Limits for Total
Chlorine [40 CFR
266 APPENDIX II]
Tier I Feed Rate Screening Limits for Total
Chlorine
|
Terrain-adjusted Effective Stack Height (m)
|
Noncomplex Terrain
|
Complex Terrain
|
|
Urban (g/hr)
|
Rural (g/hr)
|
(g/hr)
|
|
4
|
8.2E + 01
|
4.2E + 01
|
1.9E + 01
|
|
6
|
9.1E + 01
|
4.8E + 01
|
2.8E + 01
|
|
8
|
1.0E + 02
|
5.3E + 01
|
4.1E + 01
|
|
10
|
1.2E + 02
|
6.2E + 01
|
5.8E + 01
|
|
12
|
1.3E + 02
|
7.7E + 01
|
7.2E + 01
|
|
14
|
1.5E + 02
|
9.1E + 01
|
9.1E + 01
|
|
16
|
1.7E + 02
|
1.2E + 02
|
1.1E + 02
|
|
18
|
1.9E + 02
|
1.4E + 02
|
1.2E + 02
|
|
20
|
2.1E + 02
|
1.8E + 02
|
1.3E + 02
|
|
22
|
2.4E + 02
|
2.3E + 02
|
1.4E + 02
|
|
24
|
2.7E + 02
|
2.9E + 02
|
1.6E + 02
|
|
26
|
3.1E + 02
|
3.7E + 02
|
1.7E + 02
|
|
28
|
3.5E + 02
|
4.7E + 02
|
1.9E + 02
|
|
30
|
3.9E + 02
|
5.8E + 02
|
2.1E + 02
|
|
35
|
5.3E + 02
|
9.6E + 02
|
2.6E + 02
|
|
40
|
6.2E + 02
|
1.4E + 03
|
3.3E + 02
|
|
45
|
8.2E + 02
|
2.0E + 03
|
4.0E + 02
|
|
50
|
1.1E + 03
|
2.6E + 03
|
4.8E + 02
|
|
55
|
1.3E + 03
|
3.5E + 03
|
6.2E + 02
|
|
60
|
1.6E + 03
|
4.6E + 03
|
7.7E + 02
|
|
65
|
2.0E + 03
|
6.2E + 03
|
9.1E + 02
|
|
70
|
2.3E + 03
|
7.2E + 03
|
1.1E + 03
|
|
75
|
2.5E + 03
|
8.6E + 03
|
1.2E + 03
|
|
80
|
2.9E + 03
|
1.0E + 04
|
1.3E + 03
|
|
85
|
3.3E + 03
|
1.2E + 04
|
1.4E + 03
|
|
90
|
3.7E + 03
|
1.4E + 04
|
1.6E + 03
|
|
95
|
4.2E + 03
|
1.7E + 04
|
1.8E + 03
|
|
100
|
4.8E + 03
|
2.1E + 04
|
2.0E + 03
|
|
105
|
5.3E + 03
|
2.4E + 04
|
2.3E + 03
|
|
110
|
6.2E + 03
|
2.9E + 04
|
2.5E + 03
|
|
115
|
7.2E + 03
|
3.5E + 04
|
2.8E + 03
|
|
120
|
8.2E + 03
|
4.1E + 04
|
3.2E + 03
|
Appendix III - Tier II Emission Rate Screening Limits for
Free Chlorine and Hydrogen Chloride [40 CFR 266 APPENDIX III]
Tier II Emission Rate Screening Limits for
Free Chlorine and Hydrogen Chloride
|
Terrain-adjusted Effective Stack Height (m)
|
Noncomplex Terrain
|
Complex Terrain
|
|
Values for Urban Areas
|
Values for Rural Areas
|
Values for Use in Urban and Rural Areas
|
|
Cl2(g/hr)
|
HCl (g/hr)
|
Cl2(g/hr)
|
HCl (g/hr)
|
Cl2(g/hr)
|
HCl (g/hr)
|
|
4
|
8.2E + 01
|
1.4E + 03
|
4.2E + 01
|
7.3E + 02
|
1.9E + 01
|
3.3E + 02
|
|
6
|
9.1E + 01
|
1.6E + 03
|
4.8E + 01
|
8.3E + 02
|
2.8E + 01
|
4.9E + 02
|
|
8
|
1.0E + 02
|
1.8E + 03
|
5.3E + 01
|
9.2E + 02
|
4.1E + 01
|
7.1E + 02
|
|
10
|
1.2E + 02
|
2.0E + 03
|
6.2E + 01
|
1.1E + 03
|
5.8E + 01
|
1.0E + 03
|
|
12
|
1.3E + 02
|
2.3E + 03
|
7.7E + 01
|
1.3E + 03
|
7.2E + 01
|
1.3E + 03
|
|
14
|
1.5E + 02
|
2.6E + 03
|
9.1E + 01
|
1.6E + 03
|
9.1E + 01
|
1.6E + 03
|
|
16
|
1.7E + 02
|
2.9E + 03
|
1.2E + 02
|
2.0E + 03
|
1.1E + 02
|
1.8E + 03
|
|
18
|
1.9E + 02
|
3.3E + 03
|
1.4E + 02
|
2.5E + 03
|
1.2E + 02
|
2.0E + 03
|
|
20
|
2.1E + 02
|
3.7E + 03
|
1.8E + 02
|
3.1E + 03
|
1.3E + 02
|
2.3E + 03
|
|
22
|
2.4E + 02
|
4.2E + 03
|
2.3E + 02
|
3.9E + 03
|
1.4E + 02
|
2.4E + 03
|
|
24
|
2.7E + 02
|
4.8E + 03
|
2.9E + 02
|
5.0E + 03
|
1.6E + 02
|
2.8E + 03
|
|
26
|
3.1E + 02
|
5.4E + 03
|
3.7E + 02
|
6.5E + 03
|
1.7E + 02
|
3.0E + 03
|
|
28
|
3.5E + 02
|
6.0E + 03
|
4.7E + 02
|
8.1E + 03
|
1.9E + 02
|
3.4E + 03
|
|
30
|
3.9E + 02
|
6.9E + 03
|
5.8E + 02
|
1.0E + 04
|
2.1E + 02
|
3.7E + 03
|
|
35
|
5.3E + 02
|
9.2E + 03
|
9.6E + 02
|
1.7E + 04
|
2.6E + 02
|
4.6E + 03
|
|
40
|
6.2E + 02
|
1.1E + 04
|
1.4E + 03
|
2.5E + 04
|
3.3E + 02
|
5.7E + 03
|
|
45
|
8.2E + 02
|
1.4E + 04
|
2.0E + 03
|
3.5E + 04
|
4.0E + 02
|
7.0E + 03
|
|
50
|
1.1E + 03
|
1.8E + 04
|
2.6E + 03
|
4.6E + 04
|
4.8E + 02
|
8.4E + 03
|
|
55
|
1.3E + 03
|
2.3E + 04
|
3.5E + 03
|
6.1E + 04
|
6.2E + 02
|
1.1E + 04
|
|
60
|
1.6E + 03
|
2.9E + 04
|
4.6E + 03
|
8.1E + 04
|
7.7E + 02
|
1.3E + 04
|
|
65
|
2.0E + 03
|
3.4E + 04
|
6.2E + 03
|
1.1E + 05
|
9.1E + 02
|
1.6E + 04
|
|
70
|
2.3E + 03
|
3.9E + 04
|
7.2E + 03
|
1.3E + 05
|
1.1E + 03
|
1.8E + 04
|
|
75
|
2.5E + 03
|
4.5E + 04
|
8.6E + 03
|
1.5E + 05
|
1.2E + 03
|
2.0E + 04
|
|
80
|
2.9E + 03
|
5.0E + 04
|
1.0E + 04
|
1.8E + 05
|
1.3E + 03
|
2.3E + 04
|
|
85
|
3.3E + 03
|
5.8E + 04
|
1.2E + 04
|
2.2E + 05
|
1.4E + 03
|
2.5E + 04
|
|
90
|
3.7E + 03
|
6.6E + 04
|
1.4E + 04
|
2.5E + 05
|
1.6E + 03
|
2.9E + 04
|
|
95
|
4.2E + 03
|
7.4E + 04
|
1.7E + 04
|
3.0E + 05
|
1.8E + 03
|
3.2E + 04
|
|
100
|
4.8E + 03
|
8.4E + 04
|
2.1E + 04
|
3.6E + 05
|
2.0E + 03
|
3.5E + 04
|
|
105
|
5.3E + 03
|
9.2E + 04
|
2.4E + 04
|
4.3E + 05
|
2.3E + 03
|
3.9E + 04
|
|
110
|
6.2E + 03
|
1.1E + 05
|
2.9E + 04
|
5.1E + 05
|
2.5E + 03
|
4.5E + 04
|
|
115
|
7.2E + 03
|
1.3E + 05
|
3.5E + 04
|
6.1E + 05
|
2.8E + 03
|
5.0E + 04
|
|
120
|
8.2E + 03
|
1.4E + 05
|
4.1E + 04
|
7.2E + 05
|
3.2E + 03
|
5.6E + 04
|
Appendix IV - Reference Air Concentrations [40 CFR
266 APPENDIX IV]
Appendix IV-Reference Air
Concentrations*
|
Constituent
|
CAS No.
|
RAC (ug/m3)
|
|
Acetaldehyde
|
75-07-0
|
10
|
|
Acetonitrile
|
75-05-8
|
10
|
|
Acetophenone
|
98-86-2
|
100
|
|
Acrolein
|
107-02-8
|
20
|
|
Aldicarb
|
116-06-3
|
1
|
|
Aluminum Phosphide
|
20859-73-8
|
0.3
|
|
Allyl Alcohol
|
107-18-6
|
5
|
|
Antimony
|
7440-36-0
|
0.3
|
|
Barium
|
7440-39-3
|
50
|
|
Barium Cyanide
|
542-62-1
|
50
|
|
Bromomethane
|
74-83-9
|
0.8
|
|
Calcium Cyanide
|
592-01-8
|
30
|
|
Carbon Disulfide
|
75-15-0
|
200
|
|
Chloral
|
75-87-6
|
2
|
|
Chlorine (free)
|
|
0.4
|
|
2-Chloro-1,3-butadiene
|
126-99-8
|
3
|
|
Chromium III
|
16065-83-1
|
1000
|
|
Copper Cyanide
|
544-92-3
|
5
|
|
Cresols
|
1319-77-3
|
50
|
|
Cumene
|
98-82-8
|
1
|
|
Cyanide (free)
|
57-12-15
|
20
|
|
Cyanogen
|
460-19-5
|
30
|
|
Cyanogen Bromide
|
506-68-3
|
80
|
|
Di-n-butyl Phthalate
|
84-74-2
|
100
|
|
o-Dichlorobenzene
|
95-50-1
|
10
|
|
p-Dichlorobenzene
|
106-46-7
|
10
|
|
Dichlorodifluoromethane
|
75-71-8
|
200
|
|
2,4-Dichlorophenol
|
120-83-2
|
3
|
|
Diethyl Phthalate
|
84-66-2
|
800
|
|
Dimethoate
|
60-51-5
|
0.8
|
|
2,4-Dinitrophenol
|
51-28-5
|
2
|
|
Dinoseb
|
88-85-7
|
0.9
|
|
Diphenylamine
|
122-39-4
|
20
|
|
Endosulfan
|
115-29-1
|
0.05
|
|
Endrin
|
72-20-8
|
0.3
|
|
Fluorine
|
7782-41-4
|
50
|
|
Formic Acid
|
64-18-6
|
2000
|
|
Glycidyaldehyde
|
765-34-4
|
0.3
|
|
Hexachlorocyclopentadiene
|
77-47-4
|
5
|
|
Hexachlorophene
|
70-30-4
|
0.3
|
|
Hydrocyanic Acid
|
74-90-8
|
20
|
|
Hydrogen Chloride
|
7647-01-1
|
7
|
|
Hydrogen Sulfide
|
7783-06-4
|
3
|
|
Isobutyl Alcohol
|
78-83-1
|
300
|
|
Lead
|
7439-92-1
|
0.09
|
|
Maleic Anhydride
|
108-31-6
|
100
|
|
Mercury
|
7439-97-6
|
0.3
|
|
Methacrylonitrile
|
126-98-7
|
0.1
|
|
Methomyl
|
16752-77-5
|
20
|
|
Methoxychlor
|
72-43-5
|
50
|
|
Methyl Chlorocarbonate
|
79-22-1
|
1000
|
|
Methyl Ethyl Ketone
|
78-93-3
|
80
|
|
Methyl Parathion
|
298-00-0
|
0.3
|
|
Nickel Cyanide
|
557-19-7
|
20
|
|
Nitric Oxide
|
10102-43-9
|
100
|
|
Nitrobenzene
|
98-95-3
|
0.8
|
|
Pentachlorobenzene
|
608-93-5
|
0.8
|
|
Pentachlorophenol
|
87-86-5
|
30
|
|
Phenol
|
108-95-2
|
30
|
|
M-Phenylenediamine
|
108-45-2
|
5
|
|
Phenylmercuric Acetate
|
62-38-4
|
0.075
|
|
Phosphine
|
7803-51-2
|
0.3
|
|
Phthalic Anhydride
|
85-44-9
|
2000
|
|
Potassium Cyanide
|
151-50-8
|
50
|
|
Potassium Silver Cyanide
|
506-61-6
|
200
|
|
Pyridine
|
110-86-1
|
1
|
|
Selenious Acid
|
7783-60-8
|
3
|
|
Selenourea
|
630-10-4
|
5
|
|
Silver
|
7440-22-4
|
3
|
|
Silver Cyanide
|
506-64-9
|
100
|
|
Sodium Cyanide
|
143-33-9
|
30
|
|
Strychnine
|
57-24-9
|
0.3
|
|
1,2,4,5-Tetrachlorobenzene
|
95-94-3
|
0.3
|
|
2,3,4,6-Tetrachlorophenol
|
58-90-2
|
30
|
|
Tetraethyl Lead
|
78-00-2
|
0.0001
|
|
Tetrahydrofuran
|
109-99-9
|
10
|
|
Thallic Oxide
|
1314-32-5
|
0.3
|
|
Thallium
|
7440-28-0
|
0.5
|
|
Thallium (I) Acetate
|
563-68-8
|
0.5
|
|
Thallium (I) Carbonate
|
6533-73-9
|
0.3
|
|
Thallium (I) Chloride
|
7791-12-0
|
0.3
|
|
Thallium (I) Nitrate
|
10102-45-1
|
0.5
|
|
Thallium Selenite
|
12039-52-0
|
0.5
|
|
Thallium (I) Sulfate
|
7446-18-6
|
0.075
|
|
Thiram
|
137-26-8
|
5
|
|
Toluene
|
108-88-3
|
300
|
|
1,2,4-Trichlorobenzene
|
120-82-1
|
20
|
|
Trichloromonofluoromethane
|
75-69-4
|
300
|
|
2,4,5-Trichlorophenol
|
95-95-4
|
100
|
|
Vanadium Pentoxide
|
1314-62-1
|
20
|
|
Warfarin
|
81-81-2
|
0.3
|
|
Xylenes
|
1330-20-7
|
80
|
|
Zinc Cyanide
|
557-21-1
|
50
|
|
Zinc Phosphide
|
1314-84-7
|
0.3
|
FOOTNOTE:* The RAC for other Appendix VIII Rule
0400-12-01-.02(5)
constituents not listed herein or in Appendix V of this rule is 0.1
ug/m3.
Appendix V - Risk Specific Doses [40 CFR 266 APPENDIX
V]
Risk Specific Doses
(10-5)
|
Constituent
|
CAS No.
|
Unit
Risk(m3/µg)
|
RsD (µg/m3)
|
|
Acrylamide
|
79-06-1
|
1.3E-03
|
7.7E-03
|
|
Acrylonitrile
|
107-13-1
|
6.8E-05
|
1.5E-01
|
|
Aldrin
|
309-00-2
|
4.9E-03
|
2.0E-03
|
|
Aniline
|
62-53-3
|
7.4E-06
|
1.4E+00
|
|
Arsenic
|
7440-38-2
|
4.3E-03
|
2.3E-03
|
|
Benz(a)anthracene
|
56-55-3
|
8.9E-04
|
1.1E-02
|
|
Benzene
|
71-43-2
|
8.3E-06
|
1.2E+00
|
|
Benzidine
|
92-87-5
|
6.7E-02
|
1.5E-04
|
|
Benzo(a)pyrene
|
50-32-8
|
3.3E-03
|
3.0E-03
|
|
Beryllium
|
7440-41-7
|
2.4E-03
|
4.2E-03
|
|
Bis(2-chloroethyl)ether
|
111-44-4
|
3.3E-04
|
3.0E-02
|
|
Bis(chloromethyl)ether
|
542-88-1
|
6.2E-02
|
1.6E-04
|
|
Bis(2-ethylhexyl)-phthalate
|
117-81-7
|
2.4E-07
|
4.2E+01
|
|
1,3-Butadiene
|
106-99-0
|
2.8E-04
|
3.6E-02
|
|
Cadmium
|
7440-43-9
|
1.8E-03
|
5.6E-03
|
|
Carbon Tetrachloride
|
56-23-5
|
1.5E-05
|
6.7E-01
|
|
Chlordane
|
57-74-9
|
3.7E-04
|
2.7E-02
|
|
Chloroform
|
67-66-3
|
2.3E-05
|
4.3E-01
|
|
Chloromethane
|
74-87-3
|
3.6E-06
|
2.8E+00
|
|
Chromium VI
|
7440-47-3
|
1.2E-02
|
8.3E-04
|
|
DDT
|
50-29-3
|
9.7E-05
|
1.0E-01
|
|
Dibenz(a,h)anthracene
|
53-70-3
|
1.4E-02
|
7.1E-04
|
|
1,2-Dibromo-3-
|
96-12-8
|
6.3E-03
|
1.6E-03
|
|
chloropropane
|
|
|
|
|
1,2-Dibromoethane
|
106-93-4
|
2.2E-04
|
4.5E-02
|
|
1,1-Dichloroethane
|
75-34-3
|
2.6E-05
|
3.8E-01
|
|
1,2-Dichloroethane
|
107-06-2
|
2.6E-05
|
3.8E-01
|
|
1,1-Dichloroethylene
|
75-35-4
|
5.0E-05
|
2.0E-01
|
|
1,3-Dichloropropene
|
542-75-6
|
3.5E-01
|
2.9E-05
|
|
Dieldrin
|
60-57-1
|
4.6E-03
|
2.2E-03
|
|
Diethylstilbestrol
|
56-53-1
|
1.4E-01
|
7.1E-05
|
|
Dimethylnitrosamine
|
62-75-9
|
1.4E-02
|
7.1E-04
|
|
2,4-Dinitrotoluene
|
121-14-2
|
8.8E-05
|
1.1E-01
|
|
1,2-Diphenylhydrazine
|
122-66-7
|
2.2E-04
|
4.5E-02
|
|
1,4-Dioxane
|
123-91-1
|
1.4E-06
|
7.1E+00
|
|
Epichlorohydrin
|
106-89-8
|
1.2E-06
|
8.3E+00
|
|
Ethylene Oxide
|
75-21-8
|
1.0E-04
|
1.0E-01
|
|
Ethylene Dibromide
|
106-93-4
|
2.2E-04
|
4.5E-02
|
|
Formaldehyde
|
50-00-0
|
1.3E-05
|
7.7E-01
|
|
Heptachlor
|
76-44-8
|
1.3E-03
|
7.7E-03
|
|
Heptachlor Epoxide
|
1024-57-3
|
2.6E-03
|
3.8E-03
|
|
Hexachlorobenzene
|
118-74-1
|
4.9E-04
|
2.0E-02
|
|
Hexachlorobutadiene
|
87-68-3
|
2.0E-05
|
5.0E-01
|
|
Alpha-hexachlorocyclo-hexane
|
319-84-6
|
1.8E-03
|
5.6E-03
|
|
Beta-hexachlorocyclohexane
|
319-85-7
|
5.3E-04
|
1.9E-02
|
|
Gamma-hexachlorocyclo-hexane
|
58-89-9
|
3.8E-04
|
2.6E-02
|
|
Hexachlorocyclohexane, Technical
|
|
5.1E-04
|
2.0E-02
|
|
Hexachlorodibenzo-p-dioxin(1,2 Mixture)
|
|
1.3E+0
|
7.7E-06
|
|
Hexachloroethane
|
67-72-1
|
4.0E-06
|
2.5E+00
|
|
Hydrazine
|
302-01-2
|
2.9E-03
|
3.4E-03
|
|
Hydrazine Sulfate
|
302-01-2
|
2.9E-03
|
3.4E-03
|
|
3-Methylcholanthrene
|
56-49-5
|
2.7E-03
|
3.7E-03
|
|
Methyl Hydrazine
|
60-34-4
|
3.1E-04
|
3.2E-02
|
|
Methylene Chloride
|
75-09-2
|
4.1E-06
|
2.4E+00
|
|
4,4'-Methylene-bis-2-chloroaniline
|
101-14-4
|
4.7E-05
|
2.1E-01
|
|
Nickel
|
7440-02-0
|
2.4E-04
|
4.2E-02
|
|
Nickel Refinery Dust
|
7440-02-0
|
2.4E-04
|
4.2E-02
|
|
Nickel Subsulfide
|
12035-72-2
|
4.8E-04
|
2.1E-02
|
|
2-Nitropropane
|
79-46-9
|
2.7E-02
|
3.7E-04
|
|
N-Nitroso-n-butylamine
|
924-16-3
|
1.6E-03
|
6.3E-03
|
|
N-Nitroso-n-methylurea
|
684-93-5
|
8.6E-02
|
1.2E-04
|
|
N-Nitrosodiethylamine
|
55-18-5
|
4.3E-02
|
2.3E-04
|
|
N-Nitrosopyrrolidine
|
930-55-2
|
6.1E-04
|
1.6E-02
|
|
Pentachloronitrobenzene
|
82-68-8
|
7.3E-05
|
1.4E-01
|
|
PCBs
|
1336-36-3
|
1.2E-03
|
8.3E-03
|
|
Pronamide
|
23950-58-5
|
4.6E-06
|
2.2E+00
|
|
Reserpine
|
50-55-5
|
3.0E-03
|
3.3E-03
|
|
2,3,7,8-Tetrachloro-dibenzo-p-dioxin
|
1746-01-6
|
4.5E+01
|
2.2E-07
|
|
1,1,2,2-Tetrachloroethane
|
79-34-5
|
5.8E-05
|
1.7E-01
|
|
Tetrachloroethylene
|
127-18-4
|
4.8E-07
|
2.1E+01
|
|
Thiourea
|
62-56-6
|
5.5E-04
|
1.8E-02
|
|
1,1,2-Trichloroethane
|
79-00-5
|
1.6E-05
|
6.3E-01
|
|
Trichloroethylene
|
79-01-6
|
1.3E-06
|
7.7E+00
|
|
2,4,6-Trichlorophenol
|
88-06-2
|
5.7E-06
|
1.8E+00
|
|
Toxaphene
|
8001-35-2
|
3.2E-04
|
3.1E-02
|
|
Vinyl Chloride
|
75-01-4
|
7.1E-06
|
1.4E+00
|
Appendix VI-Stack Plume Rise [40 CFR 266 APPENDIX
VI]
[Estimated Plume Rise (in Meters) Based on Stack Exit Flow
Rate and Gas Temperature]
|
Flow rate (m3/s)
|
Exhaust Temperature (K°)
|
|
less than 325
|
325-349
|
350-399
|
400-449
|
450-499
|
500-599
|
600-699
|
700-799
|
800-999
|
1000-1499
|
greater than 149 9
|
|
less than 0.5
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
|
0.5-0.9
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
1
|
1
|
1
|
|
1.0-1.9
|
0
|
0
|
0
|
0
|
1
|
1
|
2
|
3
|
3
|
3
|
4
|
|
2.0-2.9
|
0
|
0
|
1
|
3
|
4
|
4
|
6
|
6
|
7
|
8
|
9
|
|
3.0-3.9
|
0
|
1
|
2
|
5
|
6
|
7
|
9
|
10
|
11
|
12
|
13
|
|
4.0-4.9
|
1
|
2
|
4
|
6
|
8
|
10
|
12
|
13
|
14
|
15
|
17
|
|
5.0-7.4
|
2
|
3
|
5
|
8
|
10
|
12
|
14
|
16
|
17
|
19
|
21
|
|
7.5-9.9
|
3
|
5
|
8
|
12
|
15
|
17
|
20
|
22
|
22
|
23
|
24
|
|
10.0-12.4
|
4
|
6
|
10
|
15
|
19
|
21
|
23
|
24
|
25
|
26
|
27
|
|
12.5-14.9
|
4
|
7
|
12
|
18
|
22
|
23
|
25
|
26
|
27
|
28
|
29
|
|
15.0-19.9
|
5
|
8
|
13
|
20
|
23
|
24
|
26
|
27
|
28
|
29
|
31
|
|
20.0-24.9
|
6
|
10
|
17
|
23
|
25
|
27
|
29
|
30
|
31
|
32
|
34
|
|
25.0-29.9
|
7
|
12
|
20
|
25
|
27
|
29
|
31
|
32
|
33
|
35
|
36
|
|
30.0-34.9
|
8
|
14
|
22
|
26
|
29
|
31
|
33
|
35
|
36
|
37
|
39
|
|
35.0-39.9
|
9
|
16
|
23
|
28
|
30
|
32
|
35
|
36
|
37
|
39
|
41
|
|
40.0-49.9
|
10
|
17
|
24
|
29
|
32
|
34
|
36
|
38
|
39
|
41
|
42
|
|
50.0-59.9
|
12
|
21
|
26
|
31
|
34
|
36
|
39
|
41
|
42
|
44
|
46
|
|
60.0-69.9
|
14
|
22
|
27
|
33
|
36
|
39
|
42
|
43
|
45
|
47
|
49
|
|
70.0-79.9
|
16
|
23
|
29
|
35
|
38
|
41
|
44
|
46
|
47
|
49
|
51
|
|
80.0-89.9
|
17
|
25
|
30
|
36
|
40
|
42
|
46
|
48
|
49
|
51
|
54
|
|
90.0-99.9
|
19
|
26
|
31
|
38
|
42
|
44
|
48
|
50
|
51
|
53
|
56
|
|
100.0-119.9
|
21
|
26
|
32
|
39
|
43
|
46
|
49
|
52
|
53
|
55
|
58
|
|
120.0-139.9
|
22
|
28
|
35
|
42
|
46
|
49
|
52
|
55
|
56
|
59
|
61
|
|
140.0-159.9
|
23
|
30
|
36
|
44
|
48
|
51
|
55
|
58
|
59
|
62
|
65
|
|
160.0-179.9
|
25
|
31
|
38
|
46
|
50
|
54
|
58
|
60
|
62
|
65
|
67
|
|
180.0-199.9
|
26
|
32
|
40
|
48
|
52
|
56
|
60
|
63
|
65
|
67
|
70
|
|
greater than199. 9
|
26
|
33
|
41
|
49
|
54
|
58
|
62
|
65
|
67
|
69
|
73
|
Appendix VII-Health-Based Limits for Exclusion of
Waste-derived Residues* [40
CFR 266 APPENDIX VII]
Metals-TCLP Extract Concentration
Limits
|
Constituent
|
CAS No.
|
Concentration Limits (mg/L)
|
|
Antimony
|
7440-36-0
|
1xE+00
|
|
Arsenic
|
7440-38-2
|
5xE+00
|
|
Barium
|
7440-39-3
|
1xE+02
|
|
Beryllium
|
7440-41-7
|
7xE-03
|
|
Cadmium
|
7440-43-9
|
1xE+00
|
|
Chromium
|
7440-47-3
|
5xE+00
|
|
Lead
|
7439-92-1
|
5xE+00
|
|
Mercury
|
7439-97-6
|
2xE-01
|
|
Nickel
|
7440-02-0
|
7xE+01
|
|
Selenium
|
7782-49-2
|
1xE+00
|
|
Silver
|
7440-22-4
|
5xE+00
|
|
Thallium
|
7440-28-0
|
7xE+00
|
Nonmetals-Residue Concentration Limits
|
Constituent
|
CAS No.
|
Concentration Limits for Residues (mg/kg)
|
|
Acetonitrile
|
75-05-8
|
2xE-01
|
|
Acetophenone
|
98-86-2
|
4xE+00
|
|
Acrolein
|
107-02-8
|
5xE-01
|
|
Acrylamide
|
79-06-1
|
2xE-04
|
|
Acrylonitrile
|
107-13-1
|
7xE-04
|
|
Aldrin
|
309-00-2
|
2xE-05
|
|
Allyl alcohol
|
107-18-6
|
2xE-01
|
|
Aluminum phosphide
|
20859-73-8
|
1xE-02
|
|
Aniline
|
62-53-3
|
6xE-02
|
|
Barium cyanide
|
542-62-1
|
1xE+00
|
|
Benz(a)anthracene
|
56-55-3
|
1xE-04
|
|
Benzene
|
71-43-2
|
5xE-03
|
|
Benzidine
|
92-87-5
|
1xE-06
|
|
Bis(2-chloroethyl) ether
|
111-44-4
|
3xE-04
|
|
Bis(chloromethyl) ether
|
542-88-1
|
2xE-06
|
|
Bis(2-ethylhexyl) phthalate
|
117-81-7
|
3xE+01
|
|
Bromoform
|
75-25-2
|
7xE-01
|
|
Calcium cyanide
|
592-01-8
|
1xE-06
|
|
Carbon disulfide
|
75-15-0
|
4xE+00
|
|
Carbon tetrachloride
|
56-23-5
|
5xE-03
|
|
Chlordane
|
57-74-9
|
3xE-04
|
|
Chlorobenzene
|
108-90-7
|
1xE+00
|
|
Chloroform
|
67-66-3
|
6xE-02
|
|
Copper cyanide
|
544-92-3
|
2xE-01
|
|
Cresols (Cresylic acid)
|
1319-77-3
|
2xE+00
|
|
Cyanogen
|
460-19-5
|
1xE+00
|
|
DDT
|
50-29-3
|
1xE-03
|
|
Dibenz(a, h)-anthracene
|
53-70-3
|
7xE-06
|
|
1,2-Dibromo-3-chloropropane
|
96-12-8
|
2xE-05
|
|
p-Dichlorobenzene
|
106-46-7
|
7.5xE-02
|
|
Dichlorodifluoromethane
|
75-71-8
|
7xE+00
|
|
1,1-Dichloroethylene
|
75-35-4
|
5xE-03
|
|
2,4-Dichlorophenol
|
120-83-2
|
1xE-01
|
|
1,3-Dichloropropene
|
542-75-6
|
1xE-03
|
|
Dieldrin Diethyl phthalate
|
60-57-1 84-66-2
|
2xE-05 3xE+01
|
|
Diethylstilbesterol
|
56-53-1
|
7xE-07
|
|
Dimethoate
|
60-51-5
|
3xE-02
|
|
2,4-Dinitrotoluene
|
121-14-2
|
5xE-04
|
|
Diphenylamine
|
122-39-4
|
9xE-01
|
|
1,2-Diphenylhydrazine
|
122-66-7
|
5xE-04
|
|
Endosulfan
|
115-29-7
|
2xE-03
|
|
Endrin
|
72-20-8
|
2xE-04
|
|
Epichlorohydrin
|
106-89-8
|
4xE-02
|
|
Ethylene dibromide
|
106-93-4
|
4xE-07
|
|
Ethylene oxide
|
75-21-8
|
3xE-04
|
|
Fluorine
|
7782-41-4
|
4xE+00
|
|
Formic acid
|
64-18-6
|
7xE+01
|
|
Heptachlor
|
76-44-8
|
8xE-05
|
|
Heptachlor epoxide
|
1024-57-3
|
4xE-05
|
|
Hexachlorobenzene
|
118-74-1
|
2xE-04
|
|
Hexachlorobutadiene
|
87-68-3
|
5xE-03
|
|
Hexachlorocyclopentadiene
|
77-47-4
|
2xE-01
|
|
Hexachlorodibenzo-p-dioxins
|
19408-74-3
|
6xE-08
|
|
Hexachloroethane
|
67-72-1
|
3xE-02
|
|
Hydrazine
|
302-01-1
|
1xE-04
|
|
Hydrogen cyanide
|
74-90-8
|
7xE-05
|
|
Hydrogen sulfide
|
7783-06-4
|
1xE-06
|
|
Isobutyl alcohol
|
78-83-1
|
1xE+01
|
|
Methomyl
|
16752-77-5
|
1xE+00
|
|
Methoxychlor
|
72-43-5
|
1xE-01
|
|
3-Methylcholanthrene
|
56-49-5
|
4xE-05
|
|
4,4'-Methylenebis (2-chloroaniline)
|
101-14-4
|
2xE-03
|
|
Methylene chloride
|
75-09-2
|
5xE-02
|
|
Methyl ethyl ketone (MEK)
|
78-93-3
|
2xE+00
|
|
Methyl hydrazine
|
60-34-4
|
3xE-04
|
|
Methyl parathion
|
298-00-0
|
2xE-02
|
|
Naphthalene
|
91-20-3
|
1xE+01
|
|
Nickel cyanide
|
557-19-7
|
7xE-01
|
|
Nitric oxide
|
10102-43-9
|
4xE+00
|
|
Nitrobenzene
|
98-95-3
|
2xE-02
|
|
N-Nitrosodi-n-butylamine
|
924-16-3
|
6xE-05
|
|
N-Nitrosodiethylamine
|
55-18-5
|
2xE-06
|
|
N-Nitroso-N-methylurea
|
684-93-5
|
1xE-07
|
|
N-Nitrosopyrrolidine
|
930-55-2
|
2xE-04
|
|
Pentachlorobenzene
|
608-93-5
|
3xE-02
|
|
Pentachloronitrobenzene (PCNB)
|
82-68-8
|
1xE-01
|
|
Pentachlorophenol
|
87-86-5
|
1xE+00
|
|
Phenol
|
108-95-2
|
1xE+00
|
|
Phenylmercury acetate
|
62-38-4
|
3xE-03
|
|
Phosphine
|
7803-51-2
|
1xE-02
|
|
Polychlorinated biphenyls, N.O.S
|
1336-36-3
|
5xE-05
|
|
Potassium cyanide
|
151-50-8
|
2xE+00
|
|
Potassium silver cyanide
|
506-61-6
|
7xE+00
|
|
Pronamide
|
23950-58-5
|
3xE+00
|
|
Pyridine
|
110-86-1
|
4xE-02
|
|
Reserpine
|
50-55-5
|
3xE-05
|
|
Selenourea
|
630-10-4
|
2xE-01
|
|
Silver cyanide
|
506-64-9
|
4xE+00
|
|
Sodium cyanide
|
143-33-9
|
1xE+00
|
|
Strychnine
|
57-24-9
|
1xE-02
|
|
1,2,4,5-Tetrachlorobenzene
|
95-94-3
|
1xE-02
|
|
1,1,2,2-tetrachloroethane
|
79-34-5
|
2xE-03
|
|
Tetrachloroethylene
|
127-18-4
|
7xE-01
|
|
2,3,4,6-Tetrachlorophenol
|
58-90-2
|
1xE-02
|
|
Tetraethyl lead
|
78-00-2
|
4xE-06
|
|
Thiourea
|
62-56-6
|
2xE-04
|
|
Toluene
|
108-88-3
|
1xE+01
|
|
Toxaphene
|
8001-35-2
|
5xE-03
|
|
1,1,2-Trichloroethane
|
79-00-5
|
6xE-03
|
|
Trichloroethylene
|
79-01-6
|
5xE-03
|
|
Trichloromonofluoromethane
|
75-69-4
|
1xE+01
|
|
2,4,5-Trichlorophenol
|
95-95-4
|
4xE+00
|
|
2,4,6-Trichlorophenol
|
88-06-2
|
4xE+00
|
|
Vanadium pentoxide
|
1314-62-1
|
7xE-01
|
|
Vinyl chloride
|
75-01-4
|
2xE-03
|
*Note 1: The health-based concentration limits for Appendix
VIII of Rule
0400-12-01-.02(5)
constituents for which a health-based concentration is not provided below is
2xE-06 mg/kg.
Note 2: The levels specified in this appendix and the default
level of 0.002 micrograms per kilogram or the level of detection for
constituents as identified in Note 1 of this appendix are administratively
stayed under the condition, for those constituents specified in subpart
(8)(m)2(i) of this rule, that the owner or operator complies with alternative
levels defined as the land disposal restriction limits specified in Rule
0400-12-01-.10(3)(d)
for F039 nonwastewaters. See item (8)(m)2(ii)(I) of this rule.
Appendix VIII-Organic Compounds For Which Residues Must Be
Analyzed [40 CFR
266 APPENDIX VIII]
|
Volatiles
|
Semivolatiles
|
|
Benzene
|
Bis(2-ethylhexyl)phthalate
|
|
Toluene
|
Naphthalene
|
|
Carbon tetrachloride
|
Phenol
|
|
Chloroform
|
Diethyl phthalate
|
|
Methylene chloride
|
Butyl benzyl phthalate
|
|
Trichloroethylene
|
2,4-Dimethylphenol
|
|
Tetrachloroethylene
|
o-Dichlorobenzene
|
|
1,1,1-Trichloroethane
|
m-Dichlorobenzene
|
|
Chlorobenzene
|
p-Dichlorobenzene
|
|
cis-1,4-Dichloro-2-butene
|
Hexachlorobenzene
|
|
Bromochloromethane
|
2,4,6-Trichlorophenol
|
|
Bromodichloromethane
|
Fluoranthene
|
|
Bromoform
|
o-Nitrophenol
|
|
Bromomethane
|
1,2,4-Trichlorobenzene
|
|
Methylene bromide
|
o-Chlorophenol
|
|
Methyl ethyl ketone
|
Pentachlorophenol
|
|
Pyrene
|
|
Dimethyl phthalate
|
|
Mononitrobenzene
|
|
2,6-Toluene diisocyanate
|
|
Polychlorinated
dibenzo-p-dioxins1
|
|
Polychlorinated
dibenzo-furans1
|
1 Analyses for polychlorinated
dibenso-p-dioxins and polychlorinated dibenzo-furans are required only for
residues collected from areas downstream of the combustion chamber (e.g.,
ductwork, boiler tubes, heat exchange surfaces, air pollution control devices,
etc.).
NOTE TO THE TABLE: Analysis is not required for those
compounds that do not have an established F039 nonwastewater concentration
limit.
Appendix IX - Methods Manual for Compliance With the BIF
Regulations
The Methods Manual for Compliance with the BIF Regulations
presents required methods for demonstrating compliance with Tennessee's
Hazardous Waste Regulations for boilers and industrial furnaces (BIFs) burning
hazardous waste.
(Note: A copy of this Methods Manual may be obtained by
contacting the Division Director at the following address:
Division Director
Division of Solid Waste Management
Tennessee Department of Environment and Conservation
William R. Snodgrass TN Tower
312 Rosa L. Parks Avenue, 14th Floor
Nashville, Tennessee 37243
or calling 615-532-0780. The "Methods Manual for Compliance
With the BIF Regulation" may also be found at
40 CFR
266 Appendix IX or by searching the U.S.
Government Printing Office's website http://www.gpo.gov/fdsys/.)
Appendix X - (RESERVED)
Appendix XI - Lead-Bearing Materials That May Be Processed
in Exempt Lead Smelters [40
CFR 266 APPENDIX XI]
A. Exempt Lead-Bearing Materials When Generated or Originally
Produced By Lead-Associated Industries:
Acid dump/fill solids
Sump mud
Materials from laboratory analyses
Acid filters
Baghouse bags
Clothing (e.g., coveralls, aprons, shoes, hats,
gloves)
Sweepings
Air filter bags and cartridges
Respiratory cartridge filters
Shop abrasives
Stacking boards
Waste shipping containers (e.g., cartons, bags, drums,
cardboard)
Paper hand towels
Wiping rags and sponges
Contaminated pallets
Water treatment sludges, filter cakes, residues, and
solids
Emission control dusts, sludges, filter cakes, residues, and
solids from lead-associated industries (e.g., K069 and D008 wastes)
Spent grids, posts, and separators
Spent batteries
Lead oxide and lead oxide residues
Lead plates and groups
Spent battery cases, covers, and vents
Pasting belts
Water filter media
Cheesecloth from pasting rollers
Pasting additive bags
Asphalt paving materials
B. Exempt Lead-Bearing Materials When Generated or Originally
Produced By Any Industry
Charging jumpers and clips
Platen abrasive
Fluff from lead wire and cable casings
Lead-based pigments and compounding pigment dust
Appendix XII -Nickel or Chromium-bearing Material That May Be
Processed in Exempt Nickel-chromium Recovery Furnaces [40 CFR
266 APPENDIX XII]
A. Exempt Nickel or Chromium-Bearing Materials when Generated
by Manufacturers or Users of Nickel, Chromium, or Iron
Baghouse bags
Raney nickel catalyst
Floor sweepings
Air filters
Electroplating bath filters
Wastewater filter media
Wood pallets
Disposable clothing (coveralls, aprons, hats, and
gloves)
Laboratory samples and spent chemicals
Shipping containers and plastic liners from containers or
vehicles used to transport nickel or chromium-containing wastes
Respirator cartridge filters
Paper hand towels
B. Exempt Nickel or Chromium-Bearing Materials when Generated
by Any Industry
Electroplating wastewater treatment sludges (F006)
Nickel and/or chromium-coating solutions
Nickel, chromium, and iron catalysts
Nickel-cadmium and nickel-iron batteries
Filter cake from wet scrubber system water treatment plants
in the specialty steel industry
Filter cake from nickel-chromium alloy pickling
operations
Appendix XIII -Mercury Bearing Wastes That May Be Processed
in Exempt Mercury Recovery Units [40 CFR 266 APPENDIX
XIII]
These are exempt mercury-bearing materials with less than 500
ppm of Rule
0400-12-01-.02(5),
Appendix VIII organic constituents when generated by manufacturers or users of
mercury or mercury products.
1. Activated carbon
2. Decomposer graphite
3. Wood
4. Paper
5. Protective clothing
6. Sweepings
7. Respiratory cartridge filters
8. Cleanup articles
9. Plastic bags and other contaminated containers
10. Laboratory and process control samples
11. K106 and other wastewater treatment plant sludge and
filter cake
12. Mercury cell sump and tank sludge
13. Mercury cell process solids
14. Recoverable levels of mercury contained in
soil
