Burning of Hazardous Waste in Boilers and Industrial ...technical clarification amendments and corrections to the final rule for boilers and industrial furnaces burning hazardous waste

38558 Federal Register / Vol. 57, No. 165 / Tuesday, August 25, 1992 / Rules and Regulations

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Parts 260, 261, 264, 265, and266

[EPA/OSW-FR-92-SWH-FRL-4198-5]

Burning of Hazardous Waste in Boilersand Industrial Furnaces

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Final rule; technicalclarification amendments andcorrections.

SUMMARY: This action makes severaltechnical clarification amendments andcorrections to the final rule for boilersand industrial furnaces burninghazardous waste. The final rule waspublished on February 21, 1991 (56 FR7134). These revisions provideclarification and correct unintendedconsequences of the rule.EFFECTIVE DATE: August 11, 1992.ADDRESSES: The documents areavailable for viewing at the RCRAInformation Center (docketidentification number F-92-BBC3-FFFFF), located at: EPA/RCRAInformation Center, room M2427, 401 MStreet, SW., Washington, DC 20460.

The RCRA Information Center is openfrom 9 a.m. to 4 p.m. Monday throughFriday, except for federal holidays. Thepublic must make an appointment toreview docket materials. Call (202) 260-9327 for appointments. Copies cost $0.15per page.FOR FURTHER INFORMATION CONTACT.For general information, contact theRCRA Hotline at: (800) 424-9346 (tollfree) or (703) 920-9810.

Shiva Garg, Office of Solid Waste(OS-322W), U.S. EnvironmentalProtection Agency, 401 M Street, SW.,Washington, DC 20460, (703) 308-8459.SUPPLEMENTARY INFORMATION:

Preamble Outline

A. Technical Clarification Amendments1. The Definition of Baseline Hydrocarbon

Level for Industrial Furnaces Complying withthe Alternative Hydrocarbon Limits isClarified to Require Consideration of ProcessVariability.

2. Industrial Furnaces Complying with theAlternative HC Limit May Comply with theInterim HC Limit Using a Conditioned GasHC Monitoring System if They Demonstratethat a Heated System Is Impracticable.

3. Industrial Furnaces that Cannot Complywith the 20 ppmv HC Limit.by Aug. 21, 1992,because of Organic Matter in Raw MaterialsMay Apply for a Case-by-Case TimeExtension to Make Physical Changes to theFacility in Order to Comply with that HCLimit.

4. The Metals and Total Chlorine andChloride Feed Rate Operating Limits for TierI or Adjusted Tier I Are Based on theScreening Limits, Not the Compliance Test.

• 5. Adjusted Tier I Feed Rate ScreeningLimits May Be Used in Dispersion Situationswhere the Tier I and Tier II Screening LimitsAre Precluded.

6. Several Requirements Are Clarified toAccount for Facilities that Comply withAdjusted Tier I Limits.

7. BIF Storage Units are Subject to the AirEmissions Standards of subparts AA and BBof parts 264 and 265.

8. The Definitions of Plasma Arc andInfrared Incinerators Are Clarified to IncludeOnly those Devices that Use an Afterburner.

9. Facilities that Comply with the Tier I orAdjusted Tier I Metals and Chlorine Controlsand that have Uncontrolled Emissions thatMeet the Particulate Matter Standard NeedNot Establish a Limit on Production Rateduring Interim Status.

10. Halogen Acid Furnaces that BurnHazardous Waste as an Ingredient AreSubject to the BIF Rule.

11. When Comparing Levels of NonmetalConstituents in Residue to the Health-BasedLimits for the Bevill Exclusion, the LevelsCannot Exceed the Health-Based Limits orthe Level of Detection, whichever Is Higher.

12. The Applicability of part 266 IsClarified.

13. Conforming Revisions Are Made to theApplicability Sections of parts 264 and 265.

14. A Conforming Revision Is Made to theRulemaking Petitions Provision of part 260.

B. Technical Corrections

C. Immediate Effective Date

A. Technical Clarification Amendments

On February 21, 1991, the Agencypublished a final rule which regulatesthe burning of hazardous waste inboilers and industrial furnaces (BIFs).See 56 FR 7134. The rule controlsemissions of toxic organic compounds,toxic metals, hydrogen chloride, chlorinegas, and particulate matter from BIFsthat burn hazardous waste. In addition,the rules subject owners and operatorsof BIFs to the general facility andpermitting standards applicable tohazardous waste treatment, storage, anddisposal facilities.

After publication of the rule, theAgency received many questions andrequests for clarification on certainprovisions of the rule. In addition, in anumber of cases, the Agency wasquestioned as to whether the rule aspromulgated truly reflected the Agency'sintent. As a result of these questions andas a result of the Agency's own review,the Agency published a technicalamendment to the rule to clarify theoperation of the regulation and tocorrect certain unintendedconsequences. Those amendments werepublished at 56 FR 42504 on August 27,1991. (Note that EPA had previouslypublished several other technical

corrections and amendments to theFebruary 21 final rule (56 FR 32686 (July17, 1991).)

As facilities began to comply with theBIF rules, additional questions havebeen raised about the way variousprovisions of the rule are intended towork. Today's technical clarificationamendments address those questions.

1. The Definition of BaselineHydrocarbon Level for IndustrialFurnaces Complying With theAlternative Hydrocarbon Limit IsClarified To Require Consideration ofProcess Variability

The Cement Kiln Recycling Coalition(CKRC) has expressed concern to theAgency that the alternative hydrocarbon(HC) provision of the rule is problematicfor furnaces that feed raw materialscontaining naturally-occurring organicmatter.' See § 266.104(f). That provisionwas intended to allow furnaces thatcould not comply with the 20 ppmv HClimit because of organic matter in rawmaterials to comply with an alternative,higher HC limit. EPA's rationale for the20 ppmb limit was to ensure goodhazardous waste combustion conditionsand, thus, control of emissions ofproducts of incomplete combustion(PICs). However, because hydrocarbonemissions from organic matter in rawmaterials are not directly related to fuel-generated hydrocarbons (i.e., fromburning normal fuels and hazardouswaste fuels), the Agency believed thatthese hydrocarbon should not becounted toward the 20 ppmv HC limit.See 56 FR 7155-56. To implement thealternative HC limit, the final rulerequired such furnaces to establish anHC limit that would be applicable whenburning hazardous waste as the HClevel achieved when not burninghazardous waste and when the furnaceis operated to "minimize" HC levels. See§ 266.104(f)(1).

CKRC has noted that this provisioncould be read to limit fuel-generatedhydrocarbons to approximately 2 to 5ppmv-the HC levels that are achievedwhen cement kilns (and boilers,incinerators, and other industrialfurnaces) are operated under conditionsto absolutely minimize HC levels.Therefore, although the Agency limitscombustion-generated hydrocarbonsfrom other combustion devices to 20ppmv, the rule could be read to limitfuel-related hydrocarbon levels fromcement kilns to 2 to 5 ppmv. Inparticular, CKRC notes that the rule

I See the BIF docket for documentation ofmeetings and phone conversations and copies ofcorrespondence.

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Federal Register / Vol. 57, No. 165 / Tuesday, August 25, 1992 / Rules and Regulations

could be interpreted to limithydrocarbons when burning hazardouswaste to the levels achieved when notburning hazardous waste (i.e., baselineconditions) and when kiln is operated toabsolutely minimize HC levels andwould not allow the facility to accountfor normal transient combustionconditions that occur because of factorssuch as mechanically handling coal.These conditions are elements of normaloperating variability. Although thesetransient conditions cause combustionperturbations and momentary increases(i.e., spikes) in HC levels, thesecombustion-related HC levels do notgenerally exceed the 20 ppmv hourlyrolling average limit that the Agency hasestablished to control PICs.

Nonetheless, the most literal-mindedreading of the rule would precludeconsideration of these'normalcombustion perturbations if the rule'srequirement that baseline HC levels beestablished when the kiln is operated tominimize HC levels is read to mean tooperate constantly at absolute peakperformance. 2 This literal-mindedreading would lead to the result-notintended by EPA-that whenever such anormal combustion perturbation wouldoccur (when the kiln is burninghazardous waste) and there is a spike inthe HC level that causes the baselineHC level to be exceeded, the kiln wouldbe required to stop burning hazardouswaste and not restart the hazardouswaste feed until the HC level falls belowthe baseline limit. Nor did EPA intendthat industrial furnaces operate at anabsolutely optimized performance inestablishing a baseline ignoring normaloperating variability (i.e., a performancelevel analogous to a New SourcePerformance Standard rather than bestavailable technology). Indeed, the rulerefers to establishing a baseline whenthe industrial furnace "produces normalproducts under normal operatingconditions" (see § 266.104(f)(1)), and theanalogous 20 ppmv HC limit itself is an"indicator of good combustion

2 Even if the rule were interpreted to allownormal combustion perturbations (i.e., perturbationsthat do not result in combustion-generatedhydrocarbons exceeding 20 ppmv on an hourlyrolling average, and thus, are within the Agency'sdefinition of good combustion conditions) duringbaseline testing, establishing a baseline thatincludes such normal perturbations would beproblematic. This is because the owner or operatorcannot ensure that the perturbations that occurduring the baseline testing are representative (i.e., infrequency, magnitude, and duration) of normalperturbations. The occurrence of normalperturbations cannot always be predicted, and itwould be difficult for the owner or operator todemonstrate that perturbations that could beartificially induced during baseline testing arerepresentative of normal perturbations.

conditions" (see 55 FR 7155), notabsolutely optimized combustion.

Although EPA believes these readingstake an unduly stringent view of therequirement that HC levels beminimized when establishing a baseline,we nevertheless think it best to clarifythe text of the rule. Therefore, EPA iscorrecting the definition of the baselineHC level provided by § 266.104(f)(1) tomake it clear that the measured baselineHC level must be adjusted asappropriate to consider the normalvariability of hydrocarbon levels undergood combustion operating conditions.Thus, the measured baseline level couldbe increased by a variability factor thatconsiders normal transient combustionconditions (i.e., provided that thetransient conditions do not result incombustion-generated HC that exceedthe 20 ppmv limit provided by.§ 266.104(c)). Accordingly, today'sclarification amends the definition of thebaseline HC level in § 266.104(f)(1) toread as follows: "The baseline HC levelis defined as the average over all validtest runs of the highest hourly rollingaverage value for each run, adjusted asappropriate to consider the variability ofhydrocarbon levels under goodcombustion operating conditions."

This HC variability factor would bedetermined on a case-by-case basis bythe Director. As guidance in determiningwhat variability factor to apply, EPAbelieves that a factor of 10 ppmv wouldbe appropriate in most situations.3 Asindicated previously, the Agencybelieves that combustion-generated HClevels from cement kilns (and otherfurnaces eligible for the alternative HClimit) should be limited to 20 ppmv toensure good combustion conditions.This is the same HC limit that applies toboilers, other furnaces, and incinerators,and provides a "level playing field" withrespect to control of combustion-generated hydrocarbons. Thus, werecommend that the alternative HC limitbe established as 20 ppmv plus the rawmaterial-generated HC level. We do notbelieve that it is feasible, however, tomeasure only raw material-generatedhydrocarbons; the HC monitor in thestack measures both hazardous wastecombustion-generated and raw material-generated hydrocarbons. Therefore, toestimate the level of raw material-generated hydrocarbons, it is

3 We note that, if a variability of 10 ppmv is usedto adjust he measured baseline HC level, facilitieswith measured HC levels of 11 ppmv or greaterwould be eligible for the alternative HC limit. Thisis because the baseline HC level, when adjusted forthe 10 ppmv variability factor, would be 21 ppmv ormore and facilities with baseline HC levelsexceeding 20 ppmv are eligible for the alternativeHC limit.

conservative and reasonable to assumethat 10 ppmv 4 of the HC measuredunder baseline conditions (when the kilnmust be operated to minimizecombustion-generated hydrocarbons) isattributable to hazardous wastecombustion. (Note that when the kiln isoperated to absolutely minimizehazardous waste combustion-generatedhydrocarbons, HC levels should be inthe range of 2 to 5 ppmv. Thus, therecommended assumption thatcombustion-generated hydrocarbons are10 ppmv during baseline testing isconservative.5 Under this approach, rawmaterial-generated hydrocarbons areestimated to be the measured HC levelduring baseline testing minus 10 ppmv.The 20 ppmv combustion-generated HCallowance would then be added to theestimated raw material-generatedhydrocarbons. The net effect would besimply to add 10 ppmv to the measuredbaseline HC level.

As discussed above, the rational foradding a variability factor to themeasured baseline HC level assumesthat the baseline level is determinedwhen the device is operated underconditions that generally minimizecombustion-generated hydrocarbon."Therefore, combustion-generatedhydrocarbon spikes causing a significantincrease in the hourly rolling averageHC level should not be allowed duringbaseline testing. To ensure thatsubstantial variability is not alreadyincluded in the baseline HC level, thehourly rolling average hydrocarbon levelshould not vary during baseline testingby more than 5 ppmv when measuredHC levels are in the range of 10-30ppmv. When measured HC levelsexceed 30 ppmv, then a higher allowablerange of HC levels (i.e., the difference

4 Note that the assumption that 10 ppmv of HCduring baseline testing is attributable to hazardouswaste combustion is not the basis for therecommended 10 ppmv variability factor. Asdiscussed in the text, however, this assumptionleads to the Agency's conclusion that a 10 ppmvvariability factor is appropriate.

The assumption that combustion-generated HCis 10 ppmv during baseline testing is conservativebecause if, for example, we assumed thatcombustion-generated HC is 5 ppmv, the variabilityfactor would be 15 ppmv, not 10 ppmv. This isbecause, the lower that the combustion-generatedHC is assumed to be, the higher the raw material-generated HC is estimated to be, and the 20 ppmvallowance for combustion-generated HC is added tothe estimated raw material-generated HC.

6 Although it is not practicable for an industrialfurnace to operate continuously under conditionsthat minimize combustion-generated HC asdiscussed previously in the text, it is reasonable andnecessary to require the facility to operate duringbaseline testing under conditions that generallyminimize combustion-generated HC. This isbecause, otherwise, a variability factor would beadded to a baseline HC level that may alreadyinclude substantial variability.

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between the highest and lowest hourlyrolling average level) during baselinetesting may be appropriate given thatthe absolute HC levels are higher andeven minor perturbations could causesignificant changes in HC levels.7

EPA is interested in obtaining furtherinformation on whether thisrecommended approach is reasonable toestablish an alternative HC limit fordevices that cannot meet the 20 ppmvHC limit because of organic matter inraw materials. EPA therefore invites allinterested persons to submit anyrelevant information on this issue.

2. Industrial Furnaces Complying Withthe Alternative HG Limit May ComplyWith the Interim HC Limit Using aConditioned Gas HC Monitoring Systemif They Demonstrate That a HeatedSystem Is Impracticable

Section 266.103(c)(5) of the rule allowsowners and operators of BIFs, otherthan those that obtain a time extension,to certify compliance with the 20 ppmvHC limit using a conditioned gas (i.e..cold) HC monitoring system rather thana heated monitoring system. Althoughthe Agency prefers the heated systembecause a cold system may removesome hydrocarbons during gasconditioning (e.g., chilling the gassample line tQ condense water vaporcan also remove hydrocarbons), theAgency recognized that heated systemsare not in widespread use on BIFs andmodifications to the monitoring systemsmay be necessary to address operationand maintenance problems. See 56 FR7162 (February, 21, 1991). Consequently,the Agency reasoned that facilities thatcomply with the HC limit on Aug. 21,1992, should be allowed to use a coldsystem. On the other hand, he Agencyreasoned that those owners andoperators who obtain a time extensionshould be required to certify compliancewith a hot system given that the timeextension should provide enough time toresolve operation and maintenanceproblems. (Note that facilities that electto certify compliance with a cold systemon Aug. 21, 1992, must use a hot systemwhen they recertify compliance underinterim status or obtain a RCRAoperating permit. See § 266.103tc)(5).

The Agency did not anticipated theconsequences that this requirementwould have on cement kilns complyingwith the alternative hydrocarbonprovision of § § 266.104(f) and266.103[cX7)(ii)(B). Under thoserequirements, cement kilns must, priorto August 21, 1992, submit a complete

I Baseline testing should consist of a minimum ofthree test runs, with each run having a minimumduration of three hours.

Part B permit application that includesdocumentation of the baseline HC level,and obtain a time extension from theDirector. Until the operating permit isissued, the facility must comply with aninterim HC (and CO) limit effective nolater than August 21, 1992, that isestablished as a condition of the timeextension.

Consequently, although cement kilnscomplying with the alternativehydrocarbon provision must obtain atime extension, they must monitorhydrocarbons prior to August 21, 1992,in order to establish the baseline HClevel, and must monitor hydrocarbonscontinuously beginning August 21, 1992.Thus, § 266.103(c)(5) has the unintendedconsequence of requiring such facilitiesto use a hot HC monitoring system on(and before) August 21, 1992.

As discussed above, the Agency hasalready determined that this isinfeasible (and therefore provided aconditioned (i.e., cold) monitoringoption). Therefore, to give such facilitiesthe time they may need to resolveoperating and maintenance problemswith hot monitoring systems, today'stechnical correction revises§ 266.103(c)(5) to enable the Director toapprove on a case-by-case basis the useof a cold system for establishing thebaseline HC level and complying withthe alternative, interim HC limit. Thiscorrection is a logical and necessaryadjunct to the existing regulation thatallows the alternative use of cold HCmonitoring systems. The Director'sapproval will be based on ademonstration by the facility that it hasmade a good faith effort to install andoperate a heated system but that it hasdetermined that continuous operation isnot practicable at this time. The Agencydoes not believe that this demonstrationwill be a burden on owners andoperators because they have knownsince February 21. 1991, that a hotmonitoring system was required by therule and should have been attempting tooperate continuously such systems forsome time.

In considering a request to use aconditioned gas monitor in lieu of a hotmonitor, the Director may imposeadditional requirements on the ownerand operator of the facility to ensurethat a hot monitoring system is installedas soon as practicable. See§ 266.103(c)(7)(ii)(A). For example. theDirector may require the owner oroperator to operate a hot monitoringsystem to the extent practicableconcurrently with a conditioned gasmonitoring system in order to meetspecified milestones in activitiesdesigned to resolve operational

problems with a heated HC monitoringsystem, and to report periodically onprogress toward achieving sustainedoperation of the hot monitoring system.

This amendment does not extend thedeadline for certification of compliance.Owners and operators requesting tocomply with the alternativehydrocarbon limit are required to submittheir request along with accompanyingsupporting materials in time to allow theDirector to grant or deny the request byAugust 21, 1992.

3. Industrial Furnaces That CannotComply With the 20 PPMY HC Limit by'August 21, 1992, Because of OrganicMatter in Raw Materials May Apply fora Case-by-Case Time Extension ToMake Physical Changes to the Facilityin Order to Comply With That HC Limit

The Agency is clarifying the rule tomake it clear that industrial furnacesthat cannot comply with the 20 ppmvHC limit for reasons beyond the owner'sor operator's control may request a timeextension to certify compliance with theHC limit. The final rule allows facilitiesthat elected to comply with thealternative hydrocarbon provisions of§ 266.104(f) to obtain a time extensionunder § 266.103(c)(7)(ii)(B). However, theAgency inadvertently did not make itclear that owners and operators thatelected to make physical changes to thefacility to enable them to comply withthe 20 ppmv HC limit (i.e., the usual HClimit, rather than an alternative limitestablished on a case-by-case basis) butwho cannot do so by August 21, 1992, forreasons beyond their control are alsoeligible to request a time extensionunder § 266.103(c)(7](ii).

EPA meant for § 266.103(c)(7)(ii) (B) toapply only to facilities that comply withthe alternative HC limit, and believesthat this intent is fairly clear in theexisting regulatory language since theprovision (§ 266.103(c)(7)(ii)(B)(2))references the procedure for establishingCO and HC baseline levels F(§ 266.104(f)(1)) applicable only topersons complying with the alternativeHC limit. Conversely, the provisionsmake little sense for persons who intendto comply with the limit of 20 ppmvbecause the requirements in§ 266.103(c)(7)(ii)(B) are related only tothe alternative HC limit.

Accordingly, today's amendmentrevises § 266.103(c)(7)(ii)(B) to clarifythat paragraph applies only to facilitiesthat comply with the alternative HClimit. Thus, the general time extensionprovision of § 266.103(c)(7)(ii) applies toall other situations, including industrialfurnaces that need time to modify the




facility to comply with the 20 ppmv HClimit.

Industrial furnaces such as cementkilns may elect to make physicalmodifications to the facility to enablethem to certify compliance with the 20ppmv HC limit rather than to complywith the alternative HC provisions of§ 266.104(f). If those modificationscannot be completed in time to enablethe facility to certify compliance byAugust 21, 1992, for reasons beyond thefacility's control, the owner or operatormay request a time extension.

If a time extension is granted, theDirector will use the authority of§ 266.103(c)(7)(ii) to establish operatingconditions as necessary to reasonablyensure that emissions of toxic organiccompounds do not pose a threat tohuman health and the environment.Operating conditions that may beapplied may include limits on the type,quantity, and method of firing hazardouswaste, and limits on combustionparameters such as oxygen, -carbonmonoxide, and hydrocarbons.

Examples of physical changes thatmay be made to the facility in order tomeet the 20 ppmv HC limit are: (1)Installation of a secondary combustionchamber to destroy organic compoundsin the kiln off-gas; or (2) installation of aroaster to volatilize organic compoundsfrom the raw material before feeding itto the kiln where hazardous waste isburned. These changes may enable theowner or operator to demonstrate thatstack gas concentrations do not exceedthe 20 ppmv limit. At this time, theAgency has not evaluated thepracticability of installing a secondarycombustion chamber or roaster toreduce HC emissions. The Agency issimply identifying these as conceivablechanges that may enable a facility tomeet the 20 ppmv HC limit.

4. The Metals and Total Chlorine andChloride Feed Rate Operating Limits forTier I or Adjusted Tier I Are Based onthe Screening Limits, Not theCompliance Test

The final rule requires facilities thatcomply with the Tier I or Adjusted Tier Ifeed rate screening limits for metals andtotal chlorine and chloride to establishfeed rate limits based on the feed ratesused during the compliance test, and toestablish feed rate limits on bothpumpable and total hazardous wastefeeds. In addition, the final rule requiresthe owner or operator to conduct acompliance test to document compliancewith the particulate matter (PM) limiteven though a facility may comply withthe Tier I or Adjusted Tier I feed ratescreening limits for metals and totalchlorine and chloride.

As discussed in the preamble to thefinal rule (56 FR 7175 (February 21,1991)), the Tier I or Adjusted Tier I feedrate screening limits are protective ofhuman health and the environmentbecause the limits are back-calculatedfrom acceptable ambient levels usingconservative dispersion scenarios, andbecause the limits are based on anassumption that all metals and chlorinefeed to the BIF are emitted (i.e., metalsand chlorine do not partition to ash orproduct and aie not removed by an airpollution control system). Because ofthis, the Agency did not intend forfacilities complying with Tier I orAdjusted Tier I to establish feed ratelimits on metals or chlorine during acompliance test; rather, the feed ratelimits on metals and chlorine areestablished by the reference tables inappendices I and II of part 266. Further,given that the Tier I or Adjusted Tier Icompliance approaches assume that allmetals or chlorine fed to the BIF areemitted, it is not necessary to establish aseparate feed rate limit for theseparameters on pumpable or totalhazardous waste. The feed rate limitsunder Tier I or Adjusted Tier I are basedon the total feed rate in total feedstreams, and are limited to the levelsestablished in appendices I and I1 ofpart 266. (Note, however, that in order toensure and document compliance withthe feed rate screening limits, the facilitymust nonetheless know the feed rate ofmetal or chlorine in each feed stream atall times.)

In addition, the Agency consideredwhether facilities complying with theTier I or Adjusted Tier I limits for metalsand total chlorine and chloride duringthe compliance test should be requiredto feed metals and chlorine at themaximum rate during the PM emissionstest to ensure maximum PM emissions.As discussed in the preamble to the finalrule (56 FR 7144), the Agency is notregulating PM emissions under RCRAper se, but rather as a secondary controlon emissions of metals and organics thatcould be adsorbed on the PM. Giventhat the Tier I or Adjusted Tier I metalsand chlorine feed rate screening limitsensure protection of human health andthe environment, the Agency does notbelieve that it is necessary to spikemetals and chlorine at the screeningfeed rate limits during the PMcompliance test.

To make sure that these requiiementsare fully understood the Agency isamending § § 266.103(c)(1),266.103(c)(1)(ii)(A), and 266.103(c)(1)(iii)to clarify that the Tier I or Adjusted TierI feed rate limits are based on the feedrate screening limits specified under§ § 266.106 (b) or (e) (for metals) and

266.107 (b)(1) or (e) (for chlorine) and arenot based on the actual feed ratesdemonstrated during the compliancetest. Further, the Agency is clarifying§§ 266.103(b)(3)(ii)(B) and266.103(c)(1)(ii)(C) by deleting therequirements for metals feed rate limitsin total hazardous waste feed and intotal pumpable hazardous waste feedwhen the BIF complies with the Tier I orAdjusted Tier I metals feed ratescreening limits.

5. Adjusted Tier I Feed Rate ScreeningLimits May Be Used in DispersionSituations Where the Tier I and Tier IIScreening Limits Are Precluded

Sections 266.106(b)(7) and266.107(b)(3) of the rule preclude the useof the Tier I and Tier II Screening Limitsfor facilities located in areas where thedispersion characteristics would beworse than were used to calculate thescreening limits. Facilities in suchsituations must conduct dispersionmodeling to ensure that the ambientconcentrations will not exceedallowable levels. In drafting the finalrule, the Agency inadvertentlyprecluded the use of Adjusted Tier Iwhen dispersion characteristicsprecluded the use of the Tier I and TierII Screening Limits. Therefore, theAgency is clarifying those paragraphs toallow facilities to apply either the TierIII or Adjusted Tier I feed rate screeninglimits to control metals and HC1/C12emissions.

As explained in the final rule, theAgency established the Tier I and Tier IIScreening Limits using dispersionmodeling; such modeling included anumber of conservative assumptions.Despite the conservatism, severalsituations still existed whereby the TierI or Tier II limits could result inexposure levels that exceed thoseestablished as acceptable in the rule.These specific situations are listed in§ 266.106(b)(7). In these situations,facilities are required to conductdispersion modeling to ensure thatmetals (or HCI/CI2] concentrations willnot exceed allowable levels. Suchdispersion modeling is required underboth Tier Ill and Adjusted Tier Istandards. However, the Agencyinadvertently specified that facilitiesmust comply with Tier III limits whenthe facility is located in one of thespecified nonconservative dispersionsituations. Because the same dispersionmodeling is required for the AdjustedTier I standards as for the Tier IIIstandards, this correction makes it clearthat facilities may comply with eitherAdjusted Tier I or Tier III in thesesituations.

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6. Several Requirements Are Clarified toAccount for Facilities That ComplyWith Adjusted Tier I Limits

When prescribing requirements forcertification of precompliance in§ 266.103(b), the Agency did not make itclear that the requirements inparagraphs (b)(2) (ii) and (iii) that applyto facilities that choose to comply withthe Tier I controls also apply to facilitiesthat elect to comply with the AdjustedTier I controls for metals or totalchlorine and chloride, although EPAbelieves this result is implicit since thereis no logical reason for the requirementsto apply in one case but not the other.Accordingly, today's amendmentssimply clarifies that these provisionsalso are applicable to facilities thatcomply with Adjusted Tier I controls.

Similarly, the Agency inadvertentlydid not require In § 266.106(d) thatfacilities complying with the AdjustedTier I controls on metals emissions toalso comply with most of therequirements applicable to facilities thatcomply with Tier Ill controls, althoughthe February 21, 1991, preamble clearlyindicates that these requirements doapply. See 56 FR 7175. Accordingly, theAgency is also clarifying paragraph (d)to add an introductory sentence andrevise paragraphs (d) (1) and (5) to applythe appropriate requirements tofatilities complying with the AdjustedTier I controls.

7. BIF Storage Units Are Subject to theAir Emissions Standards of SubpartsAA and BB of Parts 264 and 265

The final rule subjects storage unitsfor hazardous waste burned in BIFs tothe requirements of subparts A throughL of parts 264 and 265. See§ 266101(c)(1). The Agencyinadvertently omitted reference tosubparts AA and BB of parts 264 and265 that establish air emission standardsfor process vents and equipment leaks,respectively. Given that these airemissions standards apply to otherhazardous waste storage units and arenecessary to protect human health andthe environment, they apply to storageunits for hazardous waste burned inBIFs as well.

To implement this amendment, we arerevising § 26&101(c)(1) to requirecompliance with the requirements ofparts 264 and 265 that are applicable tostorage units. This approach ispreferable to adding a referencespecifically to subparts AA and BBbecause the Agency may add over timeother subparts that are applicable tostorage units.

In addition, we are amending§ 266.101(c)(2) for the same reasons.

That paragraph conditionally exemptsstorage units for exempt small quantityburners from applicable regulationsunder parts 264, 265, and 270.

8. The Definitions of Plasma Arc andInfrared Incinerators Are Clarified ToInclude Only Those Devices That Usean Afterburner

In the February 21, 1991 final BIF rule,EPA modified the definition ofincinerator in § 260.10 to explicitlyinclude plasma arc and infrared devicesas incinerators. See 56 FR 7206. TheAgency added the devices to theincinerator definition to make it clearthat they were to be regulated asincinerators because: "(1] Althoughthese devices use nonflame sources ofthermal energy to treat waste in theprimary chamber, they invariablyemploy controlled flame afterburners tocombust hydrocarbons * * ( (emphasisadded); and "(2) the incineratorstandards are workable and protectivefor these units."

Since promulgation of the final rule, anumber of questions have been raisedas to whether the Agency intended toclassify as incinerators those plasma arcunits that treat the off-gas by methods(e.g., condensation, catalytic converters)other than by combustion in a controlledflame afterburner.8 As indicated above,the Agency made this modificationbased on the (incorrect) understandingthat these units invariably usecontrolled flame combustion in theafterburner. Given that there are plasmaarc or infrared units that do not usecontrolled flame combustion in anafterburner or other device-that is,they do not meet the definition ofincinerator (i.e., before the Agencyamended the definition to includeplasma arc and infrared units)-and theincinerator regulations are notappropriate for devices not employingcombustion, the Agency is todayclarifying the definitions of these unitsto specifically refer to the use of such anafterburner (as stated in the February21, 1991, preamble).

Plasma arc and infrared devices thatare not incinerators because they do notuse controlled flame combustion in anafterburner are subject to regulationunder subpart P, part 265 (for units ininterim status) and subpart X, part 264

5 See the memorandum from Sylvia Lowrance,Director, Office of Solid Waste, EPA. to Allyn M.Davis, Director, Region VI Hazardous WasteManagement Division dated September 30, 1991,stating that the BIF rule unintentionally includes asincinerators plasma arc and infrared units notequipped with an afterburner, and that the Agencyintends to issue a technical correction to theincinerator definition to address the error.

(for units operating under a RCRApermit).

Finally, we note that the revisions tothese definitions (being non-HSWA) donot take effect in an authorized stateuntil the state becomes authorized forthe rule change.

9. Facilities That Comply With the TierI or Adjusted Tier I Metals and ChlorineControls and That Have UncontrolledEmissions That Meet the ParticulateMatter Standard Need Not Establish aLimit on Production Rate During InterimStatus

Sections 266.103(b)(3)(v) and266.103(c)(vi] of the rule require BIFs toestablish an operating limit duringinterim status on maximum productionrate when producing normal product.The Agency required a limit onmaximum production rate as a surrogatefor gas flow rate through the airpollution control system (APCS) toensure that the collection efficiency ofthe system would not be compromisedat higher gas flow rates--and higherproduction rates-than occurred duringthe compliance test. In drafting the finalrule; the Agency inadvertently requiredthat a limit on maximum production ratebe established during interim status in asituation where a limit is not needed-when an APCS is not needed to complywith the emissions standards for metals.HCI, C12, or particulate matter (PM).

Consequently, EPA is correcting therule to indicate that the requirement toestablish a maximum production rateduring interim status is not necessarywhen: (1) The BIF complies with Tier Ior Adjusted Tier I feed rate limits for allmetals and total chlorine and chloride(which are conservatively based on areasonable, worst-case dispersionscenario and assume that all metals andchlorine fed to the BIF are emitted (i.e..no partitioning to bottom ash or productand no removal by an APCS)); and (2)uncontrolled stack emissions complywith the PM standard (i.e., when there isno APCS or when emissions at the inletto an APCS meet the PM standard).

10. Halogen Acid Furnaces That BurnHazardous Waste as an Ingredient AreSubject to the BIF Rule

In the BIF rule published on Feb. 21,1991, the Agency amended § 261.2(d) tolist as inherently waste-like anysecondary material that is identified orlisted as a hazardous waste and that isfed to a halogen acid furnace (HAF). See56 FR 7141 for the reasons for this rule.By doing this, the Agency made clearthat burning of secondary materials inHAFs that exhibit a characteristic or arespecifically listed would subject those




units to the BIF regulations. While theAgency revised § 261.21d) by addingparagraph (d)(2), the Agencyinadvertently did not make a conformingchange to § 261.2{eJ(2)(ivJ that identifiesmaterials that are solid wastes, even ifthe recycling involves use, reuse, orreturn to the original process.Accordingly, the Agency is todayrevising § 261.2(e)(2)iv) to include areference to paragraph (d)(2) to make itclear that inherently waste-likematerials burned in a HAP are solid(and hazardous) wastes even if suchburning is recycling by use, reuse, orreturn to the original proces.

11. When Comparing Levels ofNonmetal Constituents in Residue to theHealth-Based Limits for the BevillExclusion, the Levels Cannot Exceed theHealth-Based Limits or the Level ofDetection, Whichever Is Higher

Section 268.112 of the BIF ruleprescribes requirements for determiningwhether residues from certain devicesretain the Bevill exclusion. See 50 FR719&-7200 (Feb. 21, 1991). Paragraph(b)(2)(i) of that section provides for acomparison of nonmetal constituents inthe waste-derived residue to health-based limits established in the rule (seeappendix VII, part 268) in determiningwhether the residue would retain theBevill exclusion. This paragraph alsoindicates that if a health-based limit fora constituent was not included inappendix VII. then a default limit of0.002 micrograms per kilogram or thelevel of detection, whichever is highermust be used. A number of questionshave been raised to the Agency as tohow an owner or operator is to makethis determination if a health-basedlevel is identified in appendix VII butthe analytical detection level for thatconstituentis) exceeds the health-basedlevel.

As indicated above, the Agencyaddressed this issue for thoseconstituents for which a health-basedlimit was not identified in appendix VIl,part 266 (i.e., those constituents subjectto the default limit of 0.002 microgramsper kilogram). In these circumstances,the owner or operator had to meet eithera level of 0.002 micrograms per kilogramor the level of detection, whichever ishigher. The Agency took this approachbecause of concern that the level ofanalytical detection for nonmetalconstituents in kiln dust may be higherthan the default limit of 0.002micrograms per kilogram. In thesesituations, the owner or operator couldnot document compliance with the .002micrograms per kilogram limit evenwhen using the SW-846 analytical

procedure providing the lowest level ofdetection.

For the same reason, the Agency alsointended to cap the health-based limitby the level of detection for aconstituent(s) for which a health-basedlimit (i.e., other than the default limit) isestablished in appendix VII, part 268.However, the rule inadvertently doesnot include that language. To clarify thisprovision, we are today modifying therule to require that. for purposes ofcomplying with paragraph (b)(2){i), theconcentration of each nonmetalconstituent in the waste-derived residuecannot exceed the health-based limitestablished in appendix VII, part 266, orthe level of detection, whichever ishigher.

12 The Applicability of Part 266 IsClarified

In the Technical Amendments to thefinal BIF rule published at 56 FR 42513(Aug. 27, 1991), EPA amended 1 20.100(Applicability) to add paragraph (f) thatexempted precious metal recoveryfurnaces from the BIF rule. The Agencyalso made a conforming revision toparagraph (a) of that section to add"and (f)" in the first sentence. TheAgency subsequently made otherchanges to § 266.100 and publishedthose changes at 56 FR 43877 (Sept. 5,1991). In the September 5 notice, theAgency inadvertently neglected toinclude the earlier amendment by which"and (f)" was added to the first sentenceof § 266.100. To correct this omission,we are reissuing in today's notice theamendment to paragraph (a) made onAugust 27.

13. Conforming Revisions are Mode tothe Applicability Sections of Parts 204and 285

The BlF rule, which is codified assubpart HK part 26, replaced regulationsfor burning hazardous waste for energyrecovery that were codified in subpartD, part 266. When the BIF rule waspromulgated, the Agency inadvertentlydid not make conforming revisions tothe applicability sections of parts 264and 265. Consequently, the Agency istoday revising 1§ 264.1(g)(2) and265.1(c)(6) (which exempt facilitiesmanaging recyclable materials except tothe extent that requirements In thoseparts are referred to in subparts to pert266] to delete reference to (nowreserved) subpart D, part 266, and toreference subpart H. part 208.

14. A Conforming Revisim Is Mode tothe Rulemaking Petitions Provision ofPart 260

When part 266 was established, theAgency inadvertently did not make a

conforming revision to J 200.20(a) toallow rulemaking petitions to besubmitted to the Administrator tomodify or revoke any provisions of part266. Section 260.20(a) already allowsrulemaking petitions to parts 260through 265 and 268. Accordingly,§ 280.20{a) is amended today to alsorefer to part 286.

B. Technical Corrections

On July 17, 1992, and August 27, 1991,EPA published several technicalcorrections and amendments to theFebruary 21 final rule (see 50 PR 32688and 42504). Today's notice correctsseveral errors published in thosenotices.

C. Immediate Effective Date

EPA has determined to make today'saction effective immediately. TheAgency believes that the correctionsbeing made in this notice are eitherinterpretations of existing regulationswhich do not require prior notice andopportunity for comment (corrections 1,3, and 11), or are technical corrections ofobvious errors in the rule (for example,corrections of regulatory language thatis inconsistent with the preamble orwith otherwise clearly indicated Agencyintent) for which comment isunnecessary (within the meaning of 5U.S.C. 553(b)(3)(B) (the remainingcorrections).

List of Subjects

40 CFR Port 260

Administrative practice andprocedure, Confidential businessinformation, Hazardous waste.

40 CFR Part 261

Hazardous waste, Recycling,Reporting and recordkeeplngrequirements.

40 CFR Part 264

Air pollution control, Hazardouswaste, Insurance, Packaging andcontainers, Reporting and recordkeepingrequirements, Security measures, Suretybonds.

40 CFR Part 265

Air pollution control, Hazardouswaste, Insurance, Packaging andcontainers, Reporting and recordkeepingrequirements, Security measures, Suretybonds, Water supply.

40 CFR Part 266

Energy, Hazardous waste, Petroleum,Recycling, Reporting and recorikeepingrequirements.

I I I I I ll Ill , ,= ,, , , = ' ' ""

38563



38564 "Federal Register / Vol. 57, No. 165 / Tuesday, August 25, 1992 / Rules and Regulations

Dated: August 11, 1992.Don R. Clay,Assistant Administrator for Solid Waste andEmergency Response.

For the reasons set out in thepreamble, 40 CFR parts 260, 261, 264,265, and 266 are amended as follows:

PART 260-HAZARDOUS WASTEMANAGEMENT SYSTEM: GENERAL

I. In part 260:1. The authority citation for part 260

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935, 6937, 6938, 6939, and6974,

2. In § 260.10, the definitions for"Infrared incinerator" and "Plasma arcincinerator" are revised to read asfollows:

§ 280.10 Definitions.* * * * *

Infrared incinerator means anyenclosed device that uses electricpowered resistance heaters as a sourceof radiant heat followed by anafterburner using controlled flamecombustion and which is not listed as anindustrial furnace.* * * * *

Plasma arc incinerator means anyenclosed device using a high intensityelectrical discharge or arc as a source ofheat followed by an afterburner usingcontrolled flame combustion and whichis not listed as an industrial furnace.* r * * ,

3. In § 260.20, the first sentence ofparagraph (a) is revised to read asfollows:

§ 260.20 General.(a) Any person may petition the

Administrator to modify or revoke anyprovision in parts 260 through 266 and268 of this chapter. * * *

PART 261-IDENTIFICATION ANDLISTING OF HAZARDOUS WASTE

I. In part 261:1. The authority citation for part 261

continues to read as follows:Authority: 42 U.S.C. 6905, 6912(a), 6921,

6922, and 6938.2. Section 261.2 is amended by

revising paragraph (e)(2)(iv) to read asfollows:

§ 261.2 Definition of solid waste.

(e) * * *(2) * , *

(iv) Materials listed in paragraphs(d)(1) and (d)(2) of this section.

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

Il1. In part 264:1. The authority citation for part 264

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924, and6925.

2. In § 264.1, paragraph (g)(2) isrevised to read as follows:

§ 264.1 Purpose, scope, and applicability.* * * * *

(g) * * *(1) * " *

(2) The owner or operator of a facilitymanaging recyclable materialsdescribed in § 261.6(a) (2) and (3) of thischapter (except to the extent thatrequirements of this part are referred toin subparts C, F, G, or H of part 266 ofthis chapter).* * * *

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

IV. In part 265:1. The authority citation for part 265

continues to read as follows:Authority: 42 U.S.C. 6905, 6912(a), 6924,

6925, and 6935.

2. In § 265.1, paragraph (c)(6) isrevised to read as follows:

§ 265.1 Purpose, scope, and applicability.

(c) * * *(6) The owner and operator of a

facility managing recyclable materialsdescribed in § 261.6(a) (2) and (3) of thischapter (except to the extent thatrequirements of this part are referred toin subparts C, F. G, or H of part 266 ofthis chapter).

PART 266-STANDARDS FOR THEMANAGEMENT OF SPECIFICHAZARDOUS WASTES AND SPECIFICTYPES OF HAZARDOUS WASTEMANAGEMENT FACILITIES

V. In part 266:1. The authority citation for part 266

continues to read as follows:Authority: Secs. 1006, 2002(a), 3004, and

3014 of the Solid Waste Disposal Act, asamended by the Resource Conservation andRecovery Act of 1976, as amended (42 U.S.C.6905, 6912(a), 6924, and 6934).

2. In § 266.100, paragraph (a) isamended by revising the first sentence

to read as follows, and paragraph (f)introductory text is amended byrevising, "§ 261.111" to read "§ 266.111".

§ 266.100 Applicability.(a) The regulations of this subpart

apply to hazardous waste burned orprocessed in a boiler or industrialfurnace (as defined in § 260.10 of thischapter) irrespective of the purpose ofburning or processing, except asprovided by paragraphs (b), (c), (d), and(f) of this section. * * ** * * * *

3, In § 266.101, the first sentence ofparagraph (c)(1), and paragraph (c)(2)are revised to read as follows:

§ 266.101 Management prior to burning.

(c) Storage Facilities. (1) Owners andoperators of facilities that storehazardous waste that is burned in aboiler or industrial furnace are subjectto the applicable provisions of parts 264,265, and 270 of this chapter, except asprovided by paragraph (c)(2) of thissection. * * *

(2) Owners and operators of facilitiesthat burn, in an onsite boiler orindustrial furnace exempt fromregulation under the small quantityburner provisions of § 266.108,hazardous waste that they generate areexempt from the regulations of parts 264,265, and 270 of this chapter applicable tostorage units for those storage units thatstore mixtures of hazardous waste andthe primary fuel to the boiler orindustrial furnace in tanks that feed thefuel mixture directly to the burner.Storage of hazardous waste prior tomixing with the primary fuel is subjectto regulation as prescribed in paragraph(c)(1) of this section.

4. Section 266.103 is amended byrevising paragraphs (b)(2)(ii)introductory text and (iii), (b)(3)(iI)(B).(b)(3)(v), (c)(1) introductory text,(c)(l)(ii) (A) and (C), ic)(l)(iii), (c)il)(vi),

(c)(5), and (c)(7)(ii)(B) to read as follows:

§ 266.103 Interim status standards forburners.

(b) * *

(2) * * *

(ii) Except for facilities complyingwith the Tier I or Adjusted Tier I feedrate screening limits for metals or totalchlorine and chloride provided by§ § 266.106 (b) or (e) and 266.107 (b)(1) or(e), respectively, the estimateduncontrolled (at the inlet to the airpollution control system) emissions ofparticulate matter, each metal controlledby § 266.106, and hydrogen chloride and



Federal Register / Vol. 57. No. 165 / Tuesday, August 25, 1992 / Rules and Regulations

chlorine, and the following informationto support such determinations:

(iii) For facilities complying with theTier I or Adjusted Tier I feed ratescreening limits for metals or totalchlorine and chloride provided by§ § 266.106 (b) or (e) and 266.107 (b)(1) or(e), the feed rate (lb/hr) of total chlorideand chlorine, antimony, arsenic, barium,beryllium, cadmium, chromium, lead,mercury, silver, and thallium in eachfeed stream (hazardous waste, otherfuels, industrial furnace feedstocks).

(3) * * *

(ii) * * *(B) Total hazardous waste feed,

unless complying with the Tier I orAdjusted Tier I metals feed ratescreening limits under § 266.108 (b) or(e); and

(v) Maximum production rate of thedevice in appropriate units whenproducing normal product. unlesscomplying with the Tier ! or AdjustedTier I feed rate screening limits forchlorine under § 266.107 (b)(1) or (e) andfor all metals under § 29.106 (b) or (e).and the uncontrolled particulateemissions do not exceed the standardunder 1 206.05.

(c)(1) Limits on operating conditions.

The owner or operator shall establishlimits on the following parameters basedon operations during the compliance test(under procedures prescribed inparagraph (c)(4)(iv) of this section) or asotherwise specified and include theselimits with the certification ofcompliance. The boiler or industrialfurnace must be operated in accordancewith these operating limits and theapplicable emissions standards of§ § 266.104 (b) through (e), 266.105,266.106, 266.107, and 266.103(a)(5)(I)(D)at all times when there is hazardouswaste in the unit.* * * * *

(if) * * *

(A) Total feedstreams, except that:(1) Facilities that comply with Tier I or

Adjusted Tier I metals feed ratescreening limits may set their operatinglimits at the metals feed rate screeninglimits determined under § 266.106 (b) or(e); and

(2] Industrial furnaces that mustcomply with the alternative metalsimplementation approach underparagraph (c)(3)(ii) of this section mustspecify limits on the concentration ofeach metal in the collected particulatematter in lieu of feed rate limits for totalfeedstreams;

(B) * * *(C) Total pumpable hazardous waste

feed (unless complying with the Tier I orAdjusted Tier I metals feed ratescreening limits under § 266.106 (b) or(e);

(iii) Total feed rate of chlorine andchloride in total feed streams, exceptthat facilities that comply with Tier I orAdjusted Tier I feed rate screeninglimits may set their operating limits atthe total chlorine and chloride feed ratescreening limits determined under§ 266.107 (b)(1) or (e).* * * * •

(vi) Maximum production rate of thedevice in appropriate units whenproducing normal product, unlesscomplying with the Tier I or AdjustedTier I feed rate screening limits forchlorine under § 266.107 (b)(1) or (e) andfor all metals undei § 26.106 (b) or (e).and the uncontrolled particulateemissions do not exceed the standardunder § 266.105.• * St * •

(5) Special requirements for HCmonitoring systems. When an owner oroperator is required to comply with thehydrocarbon (HC) controls provided by§ 266 .104(c) or paragraph (a)(5)i)(D) ofthis section. a conditioned gasmonitoring system may be used inconformance with specificationsprovided in appendix IX of this partprovided that the owner or operatorsubmits a certification of compliancewithout using extensions of timeprovided by paragraph (c)(7) of thissection. However, owners and operatorsof facilities electing to comply with thealternative hydrocarbon provision of§ 266.104(f) and requesting a timeextension under J 266.103(c)(7)(ii}(B)may establish the baseline HC level andcomply with the interim HC limitestablished by the time extension usinga conditioned gas monitoring system ifthe Director determines that the owneror operator has demonstrated that theyhave made a good faith effort to operatea heated monitoring system but found itto be impracticable.* • * * *

(7) * * *

(ii) * * •

(B) When an owner or operatorrequests an extension of time to enablethe facility to comply with thealternative hydrocarbon provisions of§ 266.104(f) and obtain a RCRAoperating permit because the facilitycannot meet the HC limit of § 266.104(c)of this chapter

5. Section 266.104 is amended byrevising paragraph (f)(1) to read asfollows:

§ 266.104 Standards to control organIcemissions.

(1) When the baseline HC (and CO)level is determined, the owner oroperator must demonstrate 4hat thefacility is designed and operated tominimize hydrocarbon emissions fromfuels and raw materials and that thefacility is producing normal productsunder normal operating conditionsfeeding normal feedstocks and fuels.The baseline HC level is defined as theaverage over all valid test runs of thehighest hourly rolling average HC valuefor each run *hen the facility does notburn hazardous waste, adjusted asappropriate to consider the-variability ofhydrocarbon levels under goodcombustion operating conditions Thebaseline CO level is determined basedon the test runs used to establish thebaseline HC level and is defined as theaverage-over all test nuns of the highesthourly rolling average CO value for eachrun. More than one baseline level mustbe determined if the facility operatesunder different modes that may generatesignificantly lower HC (and CO) levels;* * * * .

6. Section 266.106 is amended byrevising paragraphs (bX7) introductorytext, (d)(1), (dXS), and by revising theequation in paragraph (d)(3) to read asfollows:

§266.106 Standardatoconrol metalsemissions.* * * • S

(b) * * *

(7) Criteria for facilities not eligiblefor screening limits. If any criteriabelow are met, the Tier I and Tier IIscreening limits do not apply. Ownersand-operators of-such facilities mustcomply with either the Tier il standardsprovided by paragraph (d) of this sectionor with the adjusted Tier I feed ratescreening limits provided by paragraph(e) of this section.* * * * *

(d) Tier III and Adjusted Tier I site-specific risk assessment. Therequirements of this paragraph apply tofacilities complying with either the TierIII or Adjusted Tier I controls, exceptwhere specified otherwise.

(1) General. Conformance with theTier III metals controls must bedemonstrated by emissions testing todetermine the emission rate for eachmetal. In addition, conformance witheither the Tier III or Adjusted Tier Imetals controls must be demonstratedby air dispersion modeling to predict themaximum annual average off-siteground level concentration for each

385",




dispersion modeling to predict themaximum annual average off-siteground level concentration for eachmetal, and a demonstration thatacceptable ambient levels are notexceeded.

(3) * * *

Predicted Ambient Concentration()-. 0

Risk-Specific Dose(i)

(5) Multiple stacks. Owners andoperators of facilities with more thanone on-site stack from a boiler,industrial furnace, incinerator, or otherthermal treatment unit subject tocontrols on metals emissions under aRCRA operating permit or interim statuscontrols must conduct emissions testing(except that facilities complying withAdjusted Tier I controls need notconduct emissions testing) anddispersion modeling to demonstrate thatthe aggregate emissions from all suchon-site stacks do not result in anexceedance of the acceptable ambientlevels.* * * * * *

7. Section 266.107 is amended byrevising paragraph (a) to read asfollows:

§ 266.107 Standards to control hydrogenchloride (HCI) and chlorine gas (Cl2)emissions.

(a) General. The owner or operatormust comply with the hydrogen chloride

(HC1) and chlorine (Cl2) controlsprovided by paragraph (b), (c), or (e) ofthis section.

8. Section 266.108(c) is amended byrevising the equation to read as follows:

§ 266.108 Small quantity on-site burnerexemption.* * * * *

(c) * * *

Actual Quantity Burned( 1 .Y (1.0

' ' Allowable Quantity Burned(,)

* * * * *

9. Section 266.112 is amended byrevising paragraph (b)(2)(i) to read asfollows:

§ 266.112 Regulation of residues.

(b) * * *

(2) * * *(i) Nonmetal constituents. The

concentration of each nonmetal toxicconstituent of concern (specified inparagraph (b](1) of this section) in thewaste-derived residue must not exceedthe health-based level specified inappendix VII of this part, or the level ofdetection (using analytical proceduresprescribed in SW-846), whichever ishigher. If a health-based limit for aconstituent of concern is not listed in

appendix VII of this part, then a limit of0.002 micrograms per kilogram or thelevel of detection (using analyticalprocedures prescribed in SW-846),whichever is higher, shall be used; and

Appendix IX [Amended]

10. In appendix IX, § 5.0, HazardousWaste Combustion Air QualityScreening Procedure, Table 5.0-3.-Clarification of Land Use Types,footnote 1, revise "EPA-450/2-78-027"to read "EPA-450/2-78-027R".

11. In appendix IX, § 5.0, HazardousWaste Combustion Air QualityScreening Procedure, in the title to Table5.0-4, revise "ISCT" to read "ISCST",revise "PREDICATED" to read"PREDICTED", and revise "8G/M 3" toread "g/m 3".

12. In appendix IX, § 5.0, HazardousWaste Combustion Air QualityScreening Procedure, in the title to Table5.0-5, revise "ISCT" to read "ISCST",revise "PREDICATED" to read"PREDICTED", and revise "8G/M 3,, toread "g/m".

13. In appendix IX, § 6.0-SimplifiedLand Use Classification Procedure forCompliance with Tier I and Tier IILimits, Subsection 6.1 Introduction:second paragraph, add a footnote "1"after "(EPA 1986)"; in footnote 1, revise"EPA-450/2-78-027" to read "EPA-450/2-78-027R"; and in the third paragraph,revise "Auer 3978" to read "Auer 1978".

[FR Doc. 92-20202 Filed 8-24-92; 8:45 am]BILLING CODE 6560-50-M



Documents

Burning of Hazardous Waste in Boilers and Industrial ...technical clarification amendments and corrections to the final rule for boilers and industrial furnaces burning hazardous waste