Tuesday
August 27, 1991
Environmental
Protection Agency
40 CFR .Parts 261, 265, :and 266
Burning of Hazardous Waste in Boilers
and Industrial Furnaces; Final
Printed on Recycled Paper
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42504 •' .* FediBrfJ-iTegisfer / Vol. 56, No. 166 / Tuesday, August 27. 1991 / Rules and Regulations
40 CFR Parts 261,265 and 266
[EPA/OWS-FR-ai- ; SWH-FRL-3987-6]
Burning of Hazardous Waste in Boilers
and Industrial Furnaces
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendments.
SUMMARY: This notice makes several
technical amendments to the final rule
for boilers and industrial furnaces
burning hazardous waste. See 56 FR
7134-7240 (February 21,1991), These
revisions provide clarification and
i correct unintended consequences of the
rule.
EFFECTIVE DATE: August 21,1991.
FOB FURTHER INFORMATION CONTACT:
" For general information, contact the
RCRA Hotline at: (800) 424-9346 (toll
free) or (703) 920-9810. For more specific
aspects of the final rule, contact Shiva
Garg, Office of Solid Waste (OS-322W),
U.S. Environmental Protection Agency,
401 *1 Streef,, SW., Washington, DC
' 20460, (703) 308^450;
Preamble Outline
i A. Technical Amendment
1. BlFs Operating in Interim Status Prior to
August 21.1991 May Continue Burning
Low Heating Value Waste Prior to
( > Certification of Compliance.
2. HAFs Burning Low Heating Value
Wastes 4s an Ingredient Prior to
February 21,1991 May Continue to Do So
Prior to Certification of Compliance.
3. Demonstration of Burning as an
Ingredient or for Metals Recovery is
Based on Evaluation of As-Fired, not As-
t Generated, Waste,
4. A BIF Correspondence File, Not the
, Operating Record, Must Be Made
Available to the Public at the Facility
site. ;", ; ;;""; ;.". ; ..
S. EPA May Approve on a Case-By-Case
Basis the Use of Compliance Test Data
from One Unit in Lieu of Testing a
1 Similar On-Site Unit.
6. A BIF Has Received the Known Final
n Volume of Hazardous Waste under
Interim Status when It Misses a
" Certification Deadline,
7. Feedstreams May Be Analyzed Using
! Methods That Meet or Exceed the
Method Performance Capabilities of SW-
846 Methods.
8. Methods Are Recommended for
Determining Chlorine Levels in Feed '
Streams and the Heating Value of Solid
FeedStreams. "
9. Certain Metal-Bearing Wastes Are
Conditionally Exempt from the
Demonstration of Burning Solely for
Metal Recovery when Burned in a Metal
Recovery Furnace.
' • i i '' ' • | '' '1""
10. Precious Metal Recovery Furnaces
Engaged in Legitimate Metal Recovery
': ,,; Are; Not Regulated by the BIF Rule.
1 ' ii. Records Must Be Kept Until Closure.
i 12. BIFs Must Comply with Operating
Conditions and Emissions Standards
i j upon Certification of Compliance.
13. Sample Compositing Procedures Are
Clarified and the Statistical Test Is
i Revised for Beyill Residues.
14. Restrictions on Hazardous Waste Firing
Rate Are on a Mass or Heating Value
Basis, which ever Results in a Lower
Mass of Waste Fired.
15. Direct Transfer Operations May
Comply with the Setback Requirements
for Tanks in the NFPA code rather than
the 50 Foot Setback Requirement for
Containers.
16. Furnaces May Feed Hazardous Wastes
at Locations where Fuels Are Normally
Fired without Complying with the
Special Requirements of § 266.103(a](5).
. 17. F032 May Be Burned during Interim
" i * Status even though It Is Listed for
Containing Dioxin.
18. Certain Brominated Residuals Fed to a
HAF Are Not Inherently Waste-Like.
B. Technical Corrections
C. List of Subjects
A. Technical Amendments
On February 21,1991, the Agency
published a final rule which expanded
controls on hazardous waste
combustion by regulating air emissions
from the burning of hazardous waste in
boilers and industrial furnaces (i.e., the
BIF rule). See 56 FR 7134. In particular,
these rules control emissions of toxic
organic compounds, toxic metals,
hydrogen chloride, chlorine gas, and
particulate matter from those boilers
and industrial furnaces burning
hazardous waste. In addition, the rules
subject owners and operators of these
devices to the general facility standards
applicable to hazardous waste
treatment, storage, and disposal
facilities.
Since publication of the rule, the
Agency has received many questions
requesting clarification on certain
provisions hi both the rule and
preamble. In addition, in a number of
cases, the Agency was questioned as to
whether the rule as promulgated truly
reflected the Agency's intent. As a result
of these questions and as a result of the
Agency's own review, we believe it
necessary to publish a technical
amendment to the boiler and industrial
furnace rule so as to clarify the
operation of the regulation and to
correct certain unintended
consequences. (Note that EPA has
previously published several technical
corrections and amendments to the
February 21 final rule (56 FR 32688 (July
17,1991)). Today's amendments also
correct several errors published in the
July 17,1991 notice.)
' " i,'"?i- i'i „ , T .i", "i,i,*.i,, i n , ,,,,,.,i .n ., HI™,,,,"'
Finally, we note that all of the
petitioners on the BIF rule were given
the opportunity to comment on the
Agency's proposed approach to address
several of the issues that are the subject
of today's amendments. Although most
of the commenters' concerns are
addressed in the discussion below, we
have responded to other comments in a
memorandum to the docket (i.e., Docket
Numbers F-87-BBFP-FFFFF and F-89-
BBSP-FFFFF), located in the EPA RCRA
docket, room 2427,401M Street SW.,
Washington, DC 20460.
1. BIFs Operating in Interim Status
Prior to August 21,1991 May Continue
Burning Low Heating Value Waste Prior
to Certification of Compliance. The final
rule supersedes tlje sham recycling
policy when an owner or operator
submits a certification of compliance.
See 56 FR 7183-84 (February 21,1991)
and § 266.103(a)(6). With two explicit
exceptions l hazardous waste with a
heating value less than 5,000 Btu/lb may
not be burned prior to certification of
compliance. After promulgation of the
rule, EPA realized that the rule
inadvertently precludes those BIFs that,
hi order to burn hazardous waste for
destruction, elected to comply with the
interim status standards for incinerators
(subpart O, part 265) or thermal
treatment units (subpart P, part 265)
prior to August 21,1991 2 from
continuing to burn waste for destruction
prior to certification of compliance.
Given that the Agency did not intend to
penalize BIFs that elected to comply
with RCRA standards before the
effective date of the BIF rule, EPA is
making a technical amendment to
§ 266.103(a)(6). (Indeed, it would be
quite unfair to penalize facilities
operating within the letter of existing
rules—i.e., those that had entered the
subtitle C system as incinerators or
thermal treatment units.) In today's final
rule, § 266.103(a)(6)(iii) is added to allow
such facilities to continue then- normal
practices of burning low heating value
wastes. We note that, because the BIF
interim status standards supersede the
incinerator or thermal treatment interim
status standards for such facilities (see
56 FR 7188), the facilities are subject to
1 That is, burning for purposes of testing for a
total time not to exceed 720 hours, and burning
waste solely as an ingredient.
• We considered restricting this provision to
facilities operating under interim status prior to
February 21, 1991, the publication date of the rule, to
preclude owners and operators from beginning to
operate under interim status after that date solely to
avoid the restriction on burning low heating value
waste prior to certification of compliance. However,
as explained later in the text, a facility is eligible for
interim status only when a unit is newly regulated
or when a unit manages newly regulated waste.
Ti1''1' i ;" v i • "S'i;;6' "":, '''• v 'f j^i?1 , •; *~ •" ;• ...... -;l S; ?' '? ! • *if, "':, •"•*]
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Federal -Register / Vol. '59, :No. 7166 / Tuesday, 'August '27, 2991 .'/ .Rules and 'Regulations 42505
thelSIF'rBgulations'on August,21, 1991,
including oeEtifioation'.af;precomplianoe.
Wevnote -thatispme iBIEs that'eleeted
to comply .wrth.thfi.-interim.-status
incinesator, or, thermal • treatment
standards \ prior -.to August -21,1991' may
have.done:so:for reasons other than to
enable-th.emito-b.um law heating'value
hazardous .waste. Given that taday's
amendment, allows facilities to continue
their .normal practices of.burningilow
heating .value'hazardous waste, facilities
that do not normally.hurn such .waste
may not begin to do ;8O.prior.to
certification of compliance.
We also note that, to achieve interim
status as an'incinera'tor, a BIF.must
generally,have met the interim.status
eligibility requirements on July 23,1981,
the effective date o"f the incinerator
standards in stibpart-O.part 263.'To
achieve-iritefinvstatus as a thermal
treatment-unit, a-'BIF'mus't generally
have met the interim status eligibility
requirements on :}iily 5,1985, 'the
effective ddte^of subpart'P.'BIFB could
also>beidligibleifor interim Status'as^an
incinerator<-or'thennal treaimenturiit'a't
later.'dates;.however,'to do so,'the
facility'had tosbe burning waste.newiy
regiila'ted.as .hazardous waste-and-had
to have met^he "in existence"'definition
andfothermterim'dtatus.'e'ljgibility
requirements'bytthe.effective-datefor
the;newly regulated-waste.
2. HAEs BumingiLawiSJGating Value
Wastes.'astaniIngredient;Bj:iar:t0
February.23,3L9B3.;May''Coniiiuie'J;pJDo
So&nmr.to--.QetltfiBatiDn-Jif Compliance.
Halogen acid furnaces; (HAEsJiuirn law
heating value!fice,,;less-.than^;QQOJatu/
Ibjrhalogen-bearing hazardous wasteas
an ingredient to produce-.halogen acid
product. Jieretofore,-these .wastes have
b.een.eligible.for-an-exclusionfram.the
definition - of-solid swaste Bunder
§ 261.2(e).Jn>the BIF Eule,,howjever,J3PA
determined-thatdhesfitmaterialsiare
inherently .waste-like -when Jed to, a ,HAF
and listed .these.materials as:solid
waste. Thus,,an.the effective date of the
BIF rule (i.e.,,Augutst 21,.1991),.these low
heating value.materials -wilLbecome
fully.regulated hazardous -waste.rather
thaniexcluded secondary materials and,
as the rule is .currently drafted, HAEs
could not Jburn such .waste,prior to
certification jjf compliance. ..(See
discussiontabove regarding
requirements under,the"BIF rule'for
burning low.heating value:hazardous
waste.)
In listing'these materials as inherently
waste-like, EPA-did not-'intend'to disrupt
an on-going legitimate recycling
operation."iRather;iEPAtwantedito
ensure"that-HAtFs*'burning'these
materials were subject to the emissions
.controls and permit requirements of .the
BIF.'rule.:Consejq.uentljf,'EPA is
correcting this'uniatendedcconsequence
of the.rulesbyiTevisingti 268xl03(a)C8}-to
allow HAEs-.that-were-burningsltiw
heating ,valuefinal;ruleito
apply these .limits'.(in some'caae^J'to ,the
"as-generated" ^was te,-Eathertthan'thB
"as-fired waste",ithus*effectivelty
precluding-pretreataient to«destrpy .or
remove tosdcfcsompaunds. -Werbelifive
such a 'limitation :is iunnecessarytand
may inhibit-fionfl//
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42506 Federal Register / Vol. 56. No. 166 / Tuesday, August 27, 1991 / Rules and Regulations
1 H
tested unit and the similar unit as well
as a description of the hazardous waste
to be burned in both units. The Director
' will provide a written approval if he
finds that the hazardous wastes, the
devices, and the operating conditions
, qr«j sufficiently similar, and the data
from the compliance test is adequate to
document compliance with the
applicable emissions standards of
| § 266.104(b) through (f), and 266.105
through 268.107 and to establish the
operating conditions specified by
I 2C6.103(c)(l).
If the owner, or operator would
fiprmally test both units during the same
testing program absent a waiver of the
compliance test for a similar unit, he/
she, should request tentative approval8
fq waive compliance testing for the
similar unit well in advance of the
planned test to allow sufficient time for
EPA review and approval (or
disapproval). Ordinarily, EPA will not
be able to make such determinations
unless a request, including complete
supporting documentation and the
notification of compliance test
information required by § 266.103(c)(2),
is submitted at least 60 to 90 days prior
to the planned date of the compliance
:,; ' lest. ,"
We are limiting eligibility for the
compliance test waiver to similar on-site
units because of the burden on EPA and
the States during the interim status
phase of operations to review
documentation (and, most likely, visit
the facilities) on units at different sites
{in, perhaps, different States or EPA
" Regions). The interim status standards
have been designed to be generally self-
Implementing. Although certain
provisions such as the one discussed
he.re require significant EPA and State
Involvement, we want to keep that
interaction to a minimum during the
Interim status phase of a facility's
Operation. Under the permit proceeding,
however, where EPA and the States
Conduct a comprehensive and intensive-
review of the facility's operations,
owners and operators may propose to
use emissions data from any similar unit
(i.e., not just on-site units) in lieu of the
trial burn.
8. 'A BIFffas Received the Known
Final Volume of Hazardous Waste
under Interim Status when It Misses a
Certification Deadline. EPA is revising
conditions. (CO data from the "similar unit" may be
obtained with a portable monitor.)
• The approval would be tentative pending a
finding that the compliance test data were, in fact,
sufficient to document compliance with the
applicable emissions standards of f § 266.104(b)
through (f), and 206.105 through 266.107 and to
, establish the operating conditions specified by
! Z60.103f.cXl),
i —^ wf-i ^- it T|
the requirements under § 266.103(e) in
the event of noncompliance with the
interim status certification schedule to
make it clear that, if a certification
deadline is missed, the facility has
received "the known final volume of
hazardous waste" on the date the
deadline is missed because the facility
may no longer burn hazardous waste
under interim status. In addition, the
Agency is revising the closure
requirements of §§ 265.112(d)(2) and
265.113(a) and (b) to correct and simplify
them to require that a BIF: (1) Begin
closure within 30 days of missing a
certification deadline or otherwise
receiving the known final volume of
hazardous waste; (2) treat, remove from
the unit or facility or dispose of on-site,
all hazardous wastes in accordance with
the approved closure plan within 90
days after missing a certification
deadline or otherwise receiving the
known final volume of hazardous waste;
and (3) complete partial or final closure
activities in accordance with the
approved closure plan within 180 days
of missing a certification deadline or
otherwise receiving the known final
volume of hazardous waste, or 180 days
after approval of the closure plan, if that
is later.
Section 265.112{d)(2) and 265.113(a)
and (b) as published at 56 FR 7207-8
incorrectly implied that hazardous
waste can no longer be burned (and,
thus, closure must begin within 30 days)
only when the certification of
compliance was not submitted under
deadlines established by the time
extension provisions provided by
§ 266.103(c)(7)(i)(B) or (C). However,
§ 266.103(e) as published at 56 FR 7219
clearly requires that hazardous waste
burning cease when any interim status
certification deadline is missed. This
includes certification of precompliance,
certification of compliance (whether
complying by August 21,1992 or under a
time extension), and periodic
recertification. Therefore, we are
correcting this inconsistency in today's
technical amendment.
Finally, when we revised the existing
closure regulations on February 21,1991
to address BIFs, we inadvertently
deleted existing § 265.112(d)(2)(ii) and
language in §§ 265.113(a) and (b) that
addressed facilities handling
nonhazardous waste. Consequently, we
are today reinstating that regulatory
language.
7. Feedstreams May Be Analyzed
Using Methods That Meet or Exceed the
Method Performance Capabilities of
SW-846 Methods. EPA is revising
§§ 266.100(c)(l)(ii) and 266.102(b)(l) to
allow the use pf methods to characterize
the physical or chemical properties of
feedstreams other than those prescribed
by Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods,
SW-846, provided that the alternative
methods meet or exceed the SW-848
method performance capabilities. The
Agency has received several comments
that the SW-846 method detection limits
cannot be achieved when analyzing
certain feedstream matrices using SW-
846 procedures. Owners and operators
must clearly note the use of alternative
"methods in the certification of
precompliance, the notification of
compliance testing and test protocol, the
certification of compliance, and
recertification of compliance. The
Director may reject the use of an
alternative method because, at his/her
sole discretion, it may not meet or
exceed the SW-846 performance
capabilities.
8. Methods Are Recommended for
Determining Chlorine Levels in
Feedstreams and the Heating Value of
Solid Feedstreams. EPA realized after
publication of the final rule that Test
Methods for Evaluating Solid Waste,
Physical/Chemical Methods, SW-846,
third edition, does not include methods
for determining total chlorine levels in
feedstreams or heating values of solid
feedstreams. Until methods for chlorine
and the heating value of solids are
finalized and included in SW-846, EPA
recommends the following methods.
EPA currently recommends that owners
and operators of hazardous waste
incinerators use these methods to
comply with the requirements of subpart
Oof parts 264 and 265.8
Total chlorine may be determined by
first combusting the sample according to
proposed SW-846, Method 5050 or the
combustion step in ASTM D808,10
followed by analyzing for chloride
according to existing SW-846 methods
9250, 9251, 9252, or proposed SW-846
method 9253. The final gravimetric step
described in ASTM D808 is not
recommended because of poor
sensitivity. An option for determining
total chlorine in aqueous feedstreams is
to analyze for both total organic
halogens according to SW-846 methods
9020 or 9022, and inorganic chloride
according to the methods listed above.
For heating value of solid
feedstreams, EPA recommends use of
the American Society of Testing and
Materials methods D-2015-77, D-3286-
8 See U.S. EPA, Hazardous Waste Incineration
Measurement Guidance Manual EPA/625/6-89/021.
June 1989.
10 See "Annual Book of ASTM Standards",
Philadelphia, Pennsylvania.
t S
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Federal Register / Vol. 56, No. 166 / Tuesday, August 27, 1991 / Rules and Regulations 42507
77, or D-80&-81 prescribed in the
"Annual Book of ASTM Standards",
Philadelphia, Pennsylvania, or method
A006 prescribed in "Sampling and
Analysis Methods for Hazardous Waste
Combustion", EPA 600/8-84-002, PB84-
155845, February 1984.
To implement the use of these
methods, EPA is revising
§§ 266.100(c)(l)(ii) and 266.102(b) to
require the owner or operator to use the
best available method if SW-846 does
not prescribe a method for a particular
determination. EPA would expect that
owners or operators would use the
methods recommended above, or
methods that meet or exceed the
performance capabilities of the
recommended methods. The Director
may reject the use of an alternative
method^because, at his/her sole
discretion, it may not meet or exceed the
performance capabilities of the
recommended methods.
9. Certain Metal-Bearing Wastes Are
Conditionally Exempt from the
Demonstration of Burning Solely for
Metal Recovery when Burned in a
Metal Recovery Furnace. The final rule
conditionally defers regulation of
smelting, melting, and refining furnaces
that burn hazardous waste solely for
legitimate metal recovery. See
§ 266.100(c) at 56 FR 7208. The rule
provides three tests for the
determination of burning solely for
legitimate metal recovery. The heating
value of the waste cannot exceed 5,000
Btu/lb (if so, the waste is considered to
• be burned partially for energy recovery),
the concentration of appendix VIII
organic constituents in the waste cannot
exceed 500 ppm (if so, the waste is
considered to be burned partially for
destruction), and the waste must have
recoverable levels of metal.
As we explained at 56 FR 7143, the
Agency placed most of its efforts on
'issuing the mandated portion of the
•regulations (i.e., burning of hazardous
waste fuels) as soon as possible, and
has not resolved the questions of
whether and how to regulate smelting
furnaces under RCRA given the new air
toxics provisions in the Clean Air Act
Amendments of 1990. At the same time,
however, EPA was concerned that the
deferral not become a license or sham
recycling activities or for operations
motivated by conventional treatment
objectives rather than recovery
purposes. Consequently, the final rule
established limits on the heating value
and concentration of toxic organic
constituents in a waste that is burned
for metal recovery.
The secondary lead smelting industry
and the secondary nickel-chromium
smelting industry however, have
informed EPA that the heating value and
organic constituent test would
inappropriately classify many waste
(i.e., spent materials that are listed or
that exhibit a characteristic, and
byproducts and sludges that are listed in
§§ 261.31 and 261.32—see § 261.2(c)(3))
as being burned partially for energy
recovery or destruction when such lead,
nickel, or chromium-bearing materials
are typically processed in metal
recovery furnaces (absent any impetus
from RCRA).11 Examples are spent lead
acid battery parts that can contain
pieces of plastic or rubber that raise the
heating value above 5,000 Btu/lb, and
baghouse bags used to capture metallic
dusts (including recoverable levels of
nickel and chromium) emitted by steel
manufacturing that have a heating value
above 5,000 Btu/lb. As discussed at
proposal in the context of lead-bearing
materials, we do not believe that such
materials are burned either for sham
recycling or for conventional treatment.
See 54 FR at 43732 (Oct. 26,1989).
Accordingly, EPA is revising the BIF
rule to conditionally exclude certain
hazardous wastes from the provisions of
§ 266.100(c)(2) published at 56 FR 7208.
Those provisions are intended to
identify when a waste is not processed
solely for metal recovery (i.e, the 5,000
Btu/lb limit on heating value, and the
500 ppm limit on concentration of
appendix VHI, part 261, toxic organic
consitutuents). As discussed above, EPA
believes that those criteria may not be
appropriate to determine when certain
wastes (i.e., a spent material that is
listed or that exhibits a characteristic, or
a listed sludge or by-product, see
§ 261.2(c)(3)) are burned in a furnace for
metal recovery. Those wastes that are
deemed to be burned for recovery of
lead are listed in appendix XI to part 266
11 See comments of RSR Corp., Dec. 26,1989, pp.
8-14; comments of SLSA, Deo. 26,1989; comments of
i Exide Corp., Dec. 22,1989, pp. 1-5; correspondence
from Robert'N. Steinwurtzel, Esq., et. al., Andrews &
Kurth, counsel for Association of Battery Recyclers,
Inc., to Steven Silverman, Esq., EPA; May 21,1991;
correspondence from Robert N, Steinwurtzel, Esq.,
et. al., Andrews & Kurth, counsel for Association of
Battery Recyclers, Inc. to Steven Silverman, Esq.,
EPA, July 1,1991; correspondence from Robert N.
Steinwurtzel, Esq., et. al., Andrews & Kurth, counsel
for Association of Battery Recyclers, Inc. to
Honorable William K. Reilly, EPA, July 1,1991;
correspondence from Neil Jay King, Esq., Wilmer,
Cutler & Pickering, counsel for The International
Metals Reclamation Company, Inc., to Richard
Kinch, EPA, July 26,1991; correspondence from
William A. Sonntag, Jr. Esq., National Association
of Metal Finishers, to Richard Kinch, EPA, July 27,
1991; correspondence from John L. Wittenborn, Esq.,
and William M. Guerry, Jr., Esq., Collier, Shannon &
Scott, counsel for the Specialty Steel Industry of the
United States, to Docket Clerk, EPA, July 29,1991;
and correspondence from John L. Wittenborn, Esq.,
and William M. Guerry, Jr., Esq., Coljier, Shannon &
Scott, counsel for the Steel Manufacturing
Association, to Docket Clerk, EPA, July 29,1991.
in today's amendments, which largely
parallels the list proposed at 54 FR
43732. Those wastes that are deemed to
be burned for recovery, of nickel or
chromium are listed in appendix XII to
part 266. In addition, baghouse bags
used to capture metallic dusts emitted
by steel manufacturing are exempt when
burned for metal recovery in any metal
recovery furnace. Although baghouse
bags may have a heating value
exceeding 5,000 Btu/lb, they may have
recoverable levels of metals and have
historically been burned for metal
recovery in a steelmaking or other
furnace.
To ensure that .the wastes listed in
appendices XI and XII are, in fact,
burned for metal recovery even though
they may have a heating value
exceeding 5,000 Btu/lb and may contain
more than 500 ppm of toxic organic
constituents, the exemption is
conditioned on two requirements. First,
the lead-bearing wastes must be
generated or initially produced by the
"lead industry" (except as discussed
below) to help ensure that these wastes
are normally burned in a lead smelter,
and the nickel or chromium-bearing
wastes must be generated by
manufacturers or users of nickel,
chromium, or iron (except as discussed
below) to help ensure that these wastes
are normally burned in a nickel-
chromium recovery furnace. Today's
amendment defines the lead industry as
lead smelting operations (both primary
and secondary), lead-acid battery
manufacturing, and lead chemical
manufacturing (i.e., producers of lead
compounds). Second, if the waste
contains more than 500 ppm of toxic
organic constituents, it must not exhibit
the Toxicity Characteristic (TC) of
§ 261.24 for an organic constituent and it
must not be listed as a hazardous waste
in subpart D of part 261 because it
contains an organic constituent as
identified in appendix VII of part 261.J 2
This -will help ensure that the waste is
not burned partially for destruction of
toxic organics. EPA believes that a
waste on the exempt lists provided by
appendices XI and XII, part 266, of the
BIF rule that contains recoverable levels
of lead or nickel-chromium is burned
solely for metal recovery in a furnace
even if it contains more than 500 ppm of
12 We note that the restrictions that the waste,
cannot exhibit the TC fdr an organic constituent and
cannot be listed for an organic constituent apply
only to materials on appendices XI and XII that are
exempt from the <5,000 Btu/lb and <500 ppm toxic
organics tests. Those restrictions do not apply to
other wastes burned by (exempt) smelters because
those wastes are subject to the 500 ppm limit on .
toxic organic constituents.
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42588
federal Register / Vol. 56, No> 166 / Tuesday, August 27, 1991 / Rules and Regulations
toxic organics provided that the waste
does not exhibit TC for an. organic
constituent;and is not listed as
hazardous for an organic constituent
The presence of toxic, organics in a
waste listed on appendices XT or XII is
incidental to the decision to burn the
waste for metal recovery.
Persons claiming that materials listed
in appendices XI or XII meet the
requirements of § 266.100{a)(3)(i-iii) and
so are exempt from the 5,000 Btu/lb and
500 ppra toxic organics tests must retain
for three years documentation
supporting the claim, including data
from sampling and analysis or other
information. In addition, such persons
must include in the one-time notice [see
§ 266.100(c)(3)} claiming that the metal
recovery furnance is exempt from the
requirements of §§ 266.102-266.111, a
certification that sampling and analysis
will be conducted or other information
will be obtained as necessary to ensure
continued compliance with the
requirements of § 268.100(a)(3)(i-iii).
Most of the materials in appendix XI
were proposed in the October, 1989
supplemental proposal, and consist of
materials generated by, or initially
produced by, lead-associated industries,
i.e., lead smelters, lead-acid battery
manufacturing, or lead chemical
manufacturing. Examples are batteries
and their component parts (i.e., plates
and groups, grids, posts and separators,
and casings), and process wastes from
these industries. However, there are
also certain lead-bearing materials that
are legitimately recycled for metal value
by secondary smelters that are not from
lead related industries—lead-based
paints, fluff from lead wire and cable
casings, platen abrasive (from lead print
linotyping), and spent jumper cables—
which the agency is also including. (EPA
notes, however, that all of these
materials must actually contain
recoverable amounts of lead to be
deemed burned for metal recovery. See
new § 268.100(c)(3).) Similarly, we have
included in appendix XH a list of nickel
or chromium-bearing materials that are
legitimately recycled for metal value by
nickel-chromium recovery furnaces that
are not generated by manufacturers or
users of nickel, chromium, or iron (e.g.,
electroplating wastewater treatment
sludges, and nickel-cadmium and nickle-
iron batteries).
In addition, we note that several lead-
bearing materials that have been
historically processed in lead recovery
furnaces have not been included on the
appendix XI list: By-product drosses,
slurry and slurry screenings, slags, and
scrap lead. We did not include these
materials because they are either not
solid wastes when recycled or are
.exempt from regulation; when recycled.
See §§ 26I.2(c){3} and 2ei.6(a)(3)(iv).
Finally, we note-that the Agency may
determine-that a-material on appendices
XI or Xff burned at a particular metal
recovery furnace may have levels of
toxic organic constituents substantially
higher than a total of 500 ppm. (The
Agency could make-this determination
because owners and operators claiming
the exemption must notify the Agency.
The Agency may then obtain waste
analysis data or other information from
the facility record or from EPA sampling
that indicates the presence of high levels
of toxic organic constituents.) The
amended rule enables the Agency to
determine on a case-by-case basis that
the material may pose a hazard to
human health and the environment
when burned in a metal recovery
furnace due to presence of toxic organic
constituents at levels exceeding a total
of 500 ppm, and to order that the burning
either cease or be conducted in
compliance with the BIF rule. The
Agency is adopting this extra safeguard
even though the rule already provides
that, to be exempt from the < 5,000 Btu/
Ib and < 500 ppm toxic organic tests, the
material cannot be listed for a toxic
organic constituent or fail the Toxicity
Characteristic (TC) for a toxic organic
constituent. The waste might still
contain high levels of toxic organic
constituents that are not included in the
TC or the material's matrix may not
readily leach toxic organic constituents
during the TC extraction procedure but
would be liberated during burning in the
furnace. In making the determination,
EPA would consider the concentration
andtoxicity of toxic organic
constituents in the material, the level of
destruction of toxic organic constituents
provided by the furnace; and whether
the-acceptable ambient levels
established in appendices IV and V of
part 266 maybe exceeded for any toxic
organic compound that may be emitted
(i.e.t including products of incomplete
combustion) based on dispersion
modeling to predict the maximum
annual average off-site (unless a person
resides on-site) ground level
concentration.
Should the Director determine that
burning particular wastes with organic
contaminants .in a metal recovery
furnace poses a hazard to human health
and the environment, as explained
above, the Agency would issue a notice
to the company burning the waste
indicating the basis for this tentative
determination. The company would
have an'opportunity to respond'to the
determination but could not burn the
waste in the interim. The Director would
then make a final determination and
document the basis for his conclusion. If
the conclusion; is that the waste would
pose a> hazard, then further burning
would be illegal unless performed in
compliance with the BIF rules. (It also
may be possible to pretreat the waste to
remove or destroy organics, and then
burn it safely.) The determination would
only apply to subsequent burning,
however. There would be no
enforcement penalties for burning
occurring before the Director's tentative
determination.
10. Precious Metal Recovery Furnaces
Engaged in Legitimate Metal Recovery
Are Not Regulated by the-BIFRule. EPA
has been asked about the regulatory
status of precious metal recovery
operations under the BIF rules. Such
operations are generally exempt from
subtitle C'regulation (with the exception
of certain tracking and recordkeeping
requirements). See 40 CFR part 266,
subpart F and 50 FR at 648 (Jan. 4,1985).
This is because the value of precious
metal in the wastes provides a strong
incentive for proper handling. Id. (In
addition, land disposal of the wastes is
prohibited under part 268.)
EPA interprets this exemption as
continuing to apply so that industrial
furnaces la engaged in legitimate
precious metal recovery operations are
not subject to regulation under the BIF
rule. Not only does the text of § 266.70
support this result, but the rationale for
the exemption still holds. The value of
the precious metals ensures proper
handling not only before recycling, but
during the recycling process. Recovery
of partieulate matter from air emissions -
is in fact typically maximized in the
metal recovery process due to the value
of these metals. EPA also notes that the
technical provisions of the BIF rule may
not be applicable to the precious metal
recovery process. Initial thermal
oxidation of materials normally must be
done slowly at relatively low
temperatures in order not to drive the
precious metals off in flue gas.
Combustion at the 1800 °F temperature
specified in the rule for interim status
facilities (see § 266.103(a)f5) for furnaces
that feed hazardous waste at locations
other than the "hot end") would be self-
defeating. (Precious metal furnaces are,
however, typically equipped with
afterburners and secondary combustion
chambers to destroy any pyrolyzed
organics and to assist in further
recovering precious metals.)
13 That is, smelting, melting, and refining furnaeee
including pyrometallurgical devices such as cupolas.
sintering machines, roasters, and foundry furnaces.
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Federal Register / Vol. 56, No. 166 / Tuesday, August 27. 1991 / Rules and Regulations 42509
In order to clarify that the exemption
in part 266, subpart F, continues to
apply, EPA is adding a conforming
amendment to § 266.100[f) (applicability
of BIF rule) to indicate that legitimate
precious metal recovery operations are
not subject to the rule. The Agency
indicated in the January 4,1985 solid
waste definition regulations some of the
indicia of legitimate precious metal
recovery operations. See 50 FR at 648-
49. These include presence of
economically significant amounts of
precious metals, efficient recovery
operations, no land disposal of wastes
destined for recovery, and payment by
the reclaimer to the waste's generator.
Industry members indicate further that
materials destined for precious metal
reclamation are normally batch
segregated into distinct and identified
batches of like material, that generators
and recovery facilities normally enter
into written contracts before materials
are transferred specifying compensation
to the generator and when transfer is to
occur, and that true precious metal
recovery is characterized by net
financial return to the generator (i.e., a
price sufficient to cover all charges for
transport, storage, and processing).1*
Presence of air pollution control
equipment to recover any precious
metals contained in emissions would be
a further indication of a legitimate
operation. Conversely, the absence of
one or more of these features could
serve as potential indications of a sham
recycling operation, which would, of
course, be subject not only to the BIF
rules but to all other subtitle C
provisions as well. See 50 FR at 649.
Furthermore, under § 261.2(f), persons
ostensibly engaged in precious metal
. reclamation of hazardous wastes have
the burden of proving (normally through
recordkeeping plus presence of
appropriate recovery equipment) that
they are engaged in legitimate recovery
activities. We have added a
recordkeeping requirement to
§ 268.100(f)(3) to ensure existence of
proper documentation.
11. Records Must Be Kept Until
Closure. In the final rule published on
February 21,1991, EPA inadvertently
provided conflicting requirements for
the length of time that monitoring,
testing, and other information that must
be included in the operating record must
be retained. As intended, the final rule
required BIFs to comply with the
recordkeeping requirements of
§§ 264.73(b) for permitted facilities and
265.73(b) for interim status facilities that
are applicable to other hazardous waste
treatment, storage, and disposal
facilities:, records must be kept until
closure of the facility.JSee
§§ 266.102(a)(2)(v) and 266.103(a)(4)(v)
at 56 FR 7209 and 7213. However, the
final rule also provided conflicting
provisions that required facilities to
retain records for only three years. See
§§ 266.102(e)(10) (permitted facilities),
266.103(k) (interim status facilities), and
266.112(c) (Bevill-excluded residues) at
56 FR 7212, 7220, and 7228, respectively.
Those paragraphs are revised by today's
amendments to require that records be
kept until closure of the facility.15
12. BIFs Must Comply with Operating
Conditions and Emissions Standards
upon Certification of Compliance. The
final rule requires owners and operators
to establish in a certification of
compliance limits on specific operating
parameters based on the compliance
test and to operate under those limits
during the remainder of interim status
(unless a revised certification of
compliance is submitted to the Director).
See § 266.103(c) at 56 FR 7216. Although
the rule specifies that the owner or
operator must conduct a compliance test
to document compliance with the
emissions standards of §§ 266.104 (b)
through (e), 266.105, 266.106, 266.107, and
266.103(a)(5)(i)(D)18, EPA inadvertently
did not specify that, upon certification of
compliance, the facility must remain in
compliance with those emissions
standards while hazardous waste
remains in the unit. EPA intended that
the facility must be operated in
compliance with both the operating
limits established upon certification of
compliance and those emissions
standards. (No other result makes any
sense.) Today's amendments revise
§ 266.103(c)(l) accordingly.
13. Sample Compositing Procedures
Are Clarified and the Statistical Test Is
Revised for Bevill Residues. The final
rule establishes a test to determine
whether hazardous waste has
significantly affected the character of
certain residues, which would make
them ineligible for exclusion from
regulation. See § 266.112. EPA realized
14 See correspondence from John C. Bullock,
Handy & Barman, to J. Robert Holloway, EPA, July
16,1991; and correspondence from John C. Bullock,
Esq. to Steven Silverman, July 19,1991 and
attachments.
18 We note that the final rule continues to require
that exempt facilities (e.g., smelters, small quantity
burners) retain records for only three years. See
55 266.100(c)(l)(i) and 266.108(e) at 58 FR 7208 and
7225. EPA believes that three years of records is
adequate to implement and enforce the rules for
exempt facilities given the low level of hazard they
pose to public health and the environment. In
addition, we note that $ 5 284.73(b)(5) and
265.73(b)(5) require that records and results of
inspections need be kept only three years.
18 See 3 288.103{c), introductory paragraph.
after promulgation of the final rule that
the required sampling procedures for
both normal residues and waste-derived
residues were not clear, and that the
statistical test established for comparing
waste-derived residues to normal
residues was inappropriate for the
intended purpose. Therefore, today's
amendments clarify the sampling
procedures and establish a more
appropriate statistical test for comparing
waste-derived residues to normal
residues.
First, § 266.112(b)(l)(i) is revised to
make it clear that normal residues—that
is, residues generated when not burning
hazardous waste—are to be
characterized by analysis of a minimum
of 10 samples representing a minimum
of 10 days of operation.17 Composite
samples may be used to develop a
sample for analysis; however, the ,
compositing period may not exceed 24
hours. In addition, §§ 266.112(b)(l)(ii)
and 266.112(b)(2)(iii) are revised to
clarify that the waste-derived residue
must be sampled and analyzed as often
as necessary to determine whether the
residue during each 24-hour period has •
concentrations of toxic constituents that
are higher than in the normal residue.18 .
The waste-derived residue must be
characterized by analyzing 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.19 If more than one
17 We note that the normal residue need not be
sampled over 10 consecutive days, In addition,
sampling and analysis data characterizing normal
residue from one unit may be used to characterize
residue from a similar unit provided that the owner
or operator retains adequate supporting
documentation that the residues are similar (e.g.,
including documentation of concentrations of toxic
constituents in feedstocks, feed rate of feedstocks,
and combustion conditions and operating
parameters of air pollution control systems that can
affect levels of toxic constituents in residue). See 54
FR 43735 (October 26,1989). Finally, the normal
residue must be recharacterized whenever changes
in feedstocks or operating conditions could
significantly lower the concentration of toxic
constituents in the normal residue. See 56 FR 7198
(February 21,1991).
11 Note that the sampling frequency is not
specified. Waste-derived residue must be sampled
and analyzed as often as necessary for the owner or
operator to determine whether the residue is
excluded or fully regulated hazardous waste. If the
waste-derived residue is sampled and analyzed less
often than on a daily basis, however, and
subsequent analysis determines that the residue
fails the test and is fully regulated hazardous waste,
the Agency considers all residue generated since
the previous successful analysis to be fully
regulated hazardous waste absent documentation
otherwise.
v ig The Agency considered whether the averaging
period for waste-derived residue should be longer
Continued
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42510 Federal- BBegJafcerr / ToL 56, No. 166 / Tuesdays August 27, 1991 / Rultes. and; Regulations
sample is analyzed.ta characterize the
waste-derived residuegenerated aver a
24i-hour period, the concentration for
each constituent is the arithmetic mean
of the values. (Taday's.amendments also
make conforming revisions.to section 7.0
of appendix IX, part 2<68,,Methads
Manual for Compliance with the BIF
Regulations*}
Second, the Agency is-revising the
statistical test for normal residue
established in the final rule which called
for the determination of a 95%
confidence interval about the mean for
each constituent of concern based on a
•minimum of 10 samples. The value at the
upper 95% confidence interval was to be
compared to the levels in waste-derived
residue. If the concentration of a toxic
constituent of concern (see
§ 266.112(b)(l)) is higher in, the waste-
derived residue than the normal residue,
the residue has failed part one of the
Bevill test20
Upon further consideration, EPA
realizes that establishing a confidence
interval about the mean is a useful'
statistical test when the mean of a data
set of values is compared to the mean of
a second data set of n values. In other
words, this test would be appropriate if
the mean of the concentrations-in
normal residue were to be compared to
the mean of the concentrations in the
waste-derived residue. However, the
waste-derived residue must be
characterized over a period of time not-
to exceed 24-hours, and the
concentration of constituents of concern
in each 24-hour "batch" of residue that
is characterized must not exceed the
levels in the normal residue. Thus, a
single value (i.e., a 24-hours worth) for
waste-derived residue is being,
compared to a range of values [i.e., a
minimum of 10 days worth) for normal
residues. The confidence interval about
the mean addresses the expected
variation in the mean, and not the >
variation in individual,measurements.
than 24 hours given the variability of metals in raw
material feedstocks. However, we believe that
allowing the facility to characterize a 24-hour
generation of waste-derived residue without limiting
the number of samples that can be used to form a
composite for analysis (and without limiting the
number of analyses) provides a-reasonable and fair
characterization of that residue. Moreover,
enforcement of the regulations would be difficult if
n longer averaging period was used because
enforcement officials would have to sample the
residue over the entire averaging period.
10 To lose the Bevill exclusion because hazardous
waste has significantly affected the character of the
residue, the waste-derived residue must have a
toxic constituent of concern at a higher
concentration than the normal residue and the
constituent must be present at a level of potential
health significance. See 5 2B8.112(b)(2). which is
purl two of the 'eat.
EPA believes-that a more appropriate
statistical test forcomparison; of a single
value* (characterizing waste-derived
residue) ta a normal distribution of
value*, (characterizing normal residue) is
to establish an upper tolerance limit at
95% confidence with a 95% proportion
for the-concentrations of constituents of
concern in-normal residue. This means
thatj based on the (minimum of ID)
samples of normal residue that are
analyzed, we are 95% confident that 95%
of the values for the- normal residue will
fall below the upper tolerance limit.
Today's amendments revise
§ 26e.il2(b)(l)(i) to require this test and
make conforming revisions to Section
7.0 of appendix IX, Part 266, Methods
Manual for Compliance-with the BIF
Regulations. Establishing an upper
tolerance limit accommodates the
expected variation in individual
measurements and, therefore, results in
a higher threshold value than using the.
confidence interval approach. Thus, the
upper tolerance limit approach will
better accommodate'normal sample
variation and will reduce the incidence
of false positives (i.e., outlying test
results, above-the- threshold which
indicate an unaffected residue is
affected by the hazardous waste). If a
facility believes, that this test has
resulted in a false positive (i.e., has-
incorrectly indicated that an unaffected
residue is affected by the hazardous
waste), it has the option of analyzing
additional samples obtained during, the
24-hours of operations in question and
averaging the values to support its
claim.21
14. Restrictions on Hazardous Waste
Firing,Rate Are on'a Mass or Heating
Value Basis, whichever Results in a
Lower Mass of Waste Fired. The final
rulfi.resticts the hazardous waste firing
rate, as a requisite for several
exemptions. Small quantity burners
cannot feed hazardous waste at any
time at a rate the exceeds 1% of the
burners fueLrequirements. See §.266.108.
Facilities complying with the low risk
waste exemption and boilers complying
with the waiver of the BRE trial burn
must burn a minimum, of 50% "primary
" To reduce the number of'false positives, the
Agency considered establishing the test at a 99%
proportion of the sample distribution—i.e., the upper
tolerance- limit would be set at a level where we are
95% confident that 99% of future values are lower
than that level. However, we did not select a higher
proportion value because it would result in a higher
rate of false negatives—i.e., waste-derived residue
that has. in fact, been affected by the hazardous
waste would-be considered to-be unaffected. In
addition, as discussed in the text, the owner or
operator may analyze additional samples of the
waste-derived residue characterizing, a day's
generation, to minimize the incidence of false
positives.
fuel" that isr fossil fuel or the equivalent.
See &§26ai09(a)(l)(i) and 26B.110(al. In
addition; coal-fired boilers must burn at
least 50%: coal in order ffor theirrresidues
to be eligible for the Bevill exclusion.
See i266.112(a)(l).
EPA inadvertently established these
firing rate limits on different, and, in
some cases, inappropriate bases. For
small quantity burners, the final rule
limited the-hazardous waste, firing rate
to 1% of the-total fuel requirements on a
volume basis. For the low risk waste
exemption and the waiver of the DRE
trial burn, the final rule required that the
primary fuel must- be fired' at a 50% firing
rate on a total heat or volume input
basis, whichever results! in the larger
volume-of primary fuel fired. To be
eligible for the exclusion of residues, the
final rule required that at least- 50% of
the heat input to the boiler must be
provided by the coal.
To apply the firing rates consistently
and'to ensure that the maximum amount
of primary-fuel is fired on a mass basis-
(which, in turn, ensures that the
minimum amount of hazardous waste is
fired on-a mass basis); today's
amendments revise those provisions ofr
the regulation to base the firing rate on
the total heat input or mass input,
whichever results in the lower mass
feed rate of hazardous waste. This will
ensure, for example, that large
quantities of low heating value
hazardous waste cannot be burned
under the restrictions.
15. Direct Transfer Operations May
Comply with the Setback Requirements
for Tanks in the NFPA code rather than
the 50 Foot Setback Requirement far
Containers. Section 266.111(d)(2) of the
final rule requires direct transfer
"containers" (i.e., transport vehicles) to
meet most of the interim status
container storage requirements. Among
the applicable part 265 requirements is
§ 265.176 which requires that
"containers" holding ignitable wastes be
located at least 50 feet from the property
boundary. The comparable requirement
for storage (interim status), of ignitable
waste in tanks, however, specifies only
that, the tank's location must meet the
National Fire Protection Association's
(NFPA) "Flammable and Combustible
Liquids Code." See §,265.198. Since the
only purpose for the setback
requirement is fire safety, EBA believes
that it would be reasonable to. apply the
more flexible NFPA code. A certification
by the local'Fire Marshall that the
installation meets the applicable codes-
should be sufficient to verify that the
location is reasonably safe.
Consequently, today's amendments
revise § 266.111(d)(2) to allow, a facility.
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Federal Register/ Vol. 5», No. 166 / Tuesgag, August 27, 1991 .
to corn-ply with § 265.198 in h'eu of
§ 265.176.
16. Furnaces May Feed Hazardous
Wastes at Locations where Fuels Are
Normally Fired without Complying with
the Special Requirements of
§ 26&103fo}f5f. EPA was concerned that
the interim status standards to control
organic emissions1 {i.e., the carbon
monoxide (CO} limits and, where
applicable, controls on hydrocarbons
(HC) and dioxfns and furans) may not
be protective when hazardous waste is
fed at locations in an industrial furnace
other than the hot zone. See 56 FR 7158.
In particular, we were concerned about
feeding hazardous waste in cement kilns
at locations other than the hot end (i.e.,
the lower, clinker discharge end where
atomized liquid or pulverized solid fuels
are fired). Accordingly, the final rale
provided special requirements on
industrial furnaces that feed hazardous
waste at any location other than the
"hot end where products are normally
discharged and where fuels are
normally fired". See § 26&.103(a)(5).
This wording- of the applicability of
the special requirements has the
unintended consequence of applying the
special restrictions to halogen acid
furnaces (HAFs) (and perhaps other
furnaces) that feed hazardous waste
where fuels are normally fired but that
discharge products at another location,
HAFs are essentially designed like a
boiler or incinerator where hazardous
waste is burned in a combustion zone
and halogen-rich combustion gases are
processed to produce halogen acid
product. EPA believes that the interim
status standards (e.g., CO limits) wiH
effectively control organic emissions
from these devices-without the need for •.
the special restrictions. Consequently,
EPA is today revising the applicability
of the special restrictions to apply when
hazardous waste is fed at any location
other than the "hot end where products,
are normally discharged or where fuels
are normally fired."
17. F032 May Be Burned During
Interim Status Even though It Is Listed
for Containing Dioxin. Because of the
high toxicity of certain dioxin
compounds, the final BIF rule requires
that facilities demonstrate 99.9999%
destruction and removal efficiency '
during the trial burn for enumerated
dioxin-Iisted wastes in order to obtain
an operating permit and prohibits the
burning during interim status of "waste
listed for dioxin or derived from any of
the" enumerated wastes listed for
dioxin. See §§ 266.104{a)(3) and
266.103(a)(a). The enumerated wastes
are F020, F021, F022, F023, F026, and
F027.
On December 6, MSO prior to
promulgation of the BIF rule on '
December 31,199&, EPA listed F832,
wood preserving waste as- a "toxic**"
hazardous waste containing dioxin.
Given new health effects data on
hexachlorinated-.dioK&av however, fee -
Agency considered F032 to be "toxic",
but not "acutely taxfc" fflte the ether
wastes previoasly listed ifor Boatauiirig,
dioxins. See 55 FR 50466-67. However,
the final BIF interim status requirements
inadvertently psotibit the burning of
F032 during interim status because the
interim stafera restriction applies to
"waste listed for dioxin" and not just to
the enumerated dioxin-Iisted wastes.
Koppets Industries notified the
Agency of this inconsistency and,
requested that the BIF rule be amended
so that burning of F032 would not be
prohibited during interim status.22 EPA
agrees with Koppers and, accordingly, is
revising § 26e.l03faK3) to prohibit the
burning during interim states efoaly
those enumerated {fioxin-tisted waste
(i.e., excluding F032J.
18. Certain Bremiitated Residuals Fed
to a HAP Are Not Inherently Waste-
Like. The final rule classified as
inherently waste-like {i.e., a solid waste)
any secondary material that is identified
or listed as a hazardous waste and that
is fed to a halogen acid furnace (HAF).
See § 261.2Jdp}, 56 FR 7206. The
Agency's intent was to make sere that
HAFs burning'heavily chlorinated, low-
energy still bottoms, most of which are
covered by the F024 listing or by the
related listings of wastes from
manufacture of chlorinated aliphatic
production, remain regulated when
burned in HAFs. 55 FR at 17892 (April
27,1990). These materials meet the -
inherently waste-like criteris'becsuse
they contain high concentrations of
chlorinated toxic organic constituents
that are not normally found in raw
materials used to produce chlorine. M.
These toxic constituents thus do not
contribute to hydrochloric acid
production, and one purpose of burning
them in HAFs is to destroy these toxic
organics. Id. (The Agency also intended
that HAFs burning secondary materials
containing high concentrations of other
halogenated toxic organic constituents
(e.g., brominated compounds) that are
not normally found in raw materials to
produce other halogen acids (e.g., HBr)
to also be regulated under the BIF rule.)
It has come to the Agency's attention
that at least some brominated process
residuals exhibiting hazardous-waste
characteristics' are processe
HAFs as a sourcjhrf %romine;td;pjtiddaie
HBr, an "
pcoduefSi
eontaib
45%) of bromine, low conceiitrtffiiJHs «• •
(less, than 1% total) ofappeadiX'Vlir
organic eons trtaents, -end are piorasJeed
on-site as part of a continuous -process:
(i.e., bsominated residues are- piped
directly tea HAF wkhoatleavingifee'
manufacturing process}1. ':;••,;- n>5; •$'"
EPA is issuing a teclaiicalaBbriBeet&s
to indicate that such materials are not.
included as mhere^jf'Wa8te4ife.*^!Ey
do not readily meet the inher,ently ,..^ ..
waste-like criteria because they dp hot
contain Hg& concenb'atkms of toxiff
constituents not ordinarily feumf (n;tSe
raw materials for whiefe
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42512 Federal Register / Vol. 56, No. 166 / Tuesday, August 27, 1991 / Rules and Regulations
language will read as follows (as
published at SB FR 7206):
"2. Section 261.2 is amended by
redesignating paragraph (d](2) as (d](3)
and adding new paragraph (d)(2) to read
as follows:"
2. On page 32689, third column, in line
2 of correction number 48, insert"("
between the words "a" and "before".
3. On page 32692, second column, in
amendment 2 to part 261, change
"§ 281.3(c)(2)(ii)(8)" to
§ 281.3(c)(2Kii)(B)".
PART 266—[AMENDED]
§266.40 [Corrected]
4. On page 32692, third column, prior
to amendment 2 to part 266, change
"§ 266.4 [Amended]" to
"§ 266.40[Amended]".
PART 270—[AMENDED]
§270.73 [Corrected]
5. On page 32692, first column, prior to
the 103rd technical correction, change
"8 270.33 [Corrected]" to "§ 270.73
[Corrected]".
6. On page 32786, third column, in
section 9.2, first bullet under paragraph
"2", change ">0.95" to "<0.95".
7. On page 32786, third column, last
sentence, change the sentence to read:
"Then, for HC1, convert the chlorine
emission rate to HC1 by multiplying it by
the ratio of the molecular weight of HC1 •
to the molecular weight of Cl (i.e., 36.5/
35.5)".
n. In rule document number 91-2667,
beginning on page 7134 in the Federal
Register published on February 21,1991,
make the following corrections:
1, On page 7210, third column, the
numbers 1,2, and 3 occurring in the last
4 lines should be italicized to denote
subsections § 266.102(e)(4)(ii)(C)(l). (2)
and (3) respectively.
.2. On page 7211,, first column, the .
numbers 1 and 2 of subsections
§ 2B6.102(e)(4)(iii)(c) (2) and (2} should
be italicized.
3. On page 7213, second column, in
§ 268.103(aK5)(i)(D), second line, change
"(cK7)(iir to "(c){5)".
4. On page 7215, first column, in
§ 266.103(b)(5)(i)(A), add "and recorded"
between "monitored" and "on".
List of Subjects in 40 CFR Parts 261,265,
tand286
Air pollution control, Hazardous
waste, Insurance, Packaging and
containers, Recycling, Reporting and
recordkeeping requirements, and-
Security measures. '
Dated: August 16,1991.
Don R. Clay,
Assistant Administrator for Solid Waste and
Emergency Response.
For the reasons set out in the
preamble, 40 CFR parts 261, 265, and 266
are amended as follows:
PART 261—IDENTIFICATION AND
LISTING 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 (d)(2) to read as
follows:
.§261.2 Definition of solid waste.
* * * * *
(d) * * *
(2) Secondary materials fed to a
halogen acid furnace that exhibit a
characteristic of a hazardous waste or
are listed as a hazardous waste as
defined in subparts C or D of this part,
except for brominated material that
meets the following criteria:
(i) The material must contain a
bromine concentration of at least 45%:
and
(ii) The material must contain less
than a total of 1% of toxic organic
compounds listed in appendix VIII; and
(iii) The material is processed
continually on-site in the halogen acid
furnace via direct conveyance (hard
piping).
PART 265—INTERIM STATUS
STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
II. 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. Section 265.112 is amended by revising
paragraph (dj(2) to read as follows:
§ 265.112 Closure plan; amendment of
plan.
* • * • »
(d) * * *
(2) The date when he "expects to
begin closure" must be either:
(i) Within 30 days after the date on
which any hazardous waste
management unit receives the known
final volume of hazardous wastes, or, if
there is a reasonable possibility that the
hazardous waste management unit will
receive additional hazardous wastes, no
later than one year after the date on
which the unit received the most recent
volume of hazardous waste. If the owner
or operator of a hazardous waste
management unit can demonstrate to the
Regional Administrator that the
hazardous waste management unit or •
facility has the capacity to receive
additional hazardous wastes and he has
taken, and will continue to take, all
steps to prevent threats to human health
and the environment, including
compliance with all interim status
requirements, the Regional
Administrator may approve an
extension to this one-year limit; or
(ii) For units meeting the requirements
of § 265.113(d), no later than 30 days
after the date on which the hazardous
waste management unit receives the
known final volume of nonhazardous
wastes, or if there is a reasonable
possibility that the hazardous waste
management unit will receive additional
nonhazardous wastes, no later than one
year after the date on which the unit
received the most recent volume of
nonhazardous wastes. If the owner or
operator can demonstrate to the
Regional Administrator that the
hazardous waste management unit has
the capacity to receive additional
nonhazardous wastes and he has taken,
and will continue to take, all steps to
prevent threats to human health and the
environment, including compliance with
all applicable interim status
requirements, the Regional
Administrator may approve an
extension to this one-year limit.
« " * * * *
3. Section 265.113 is amended by
revising the first sentence of the
introductory text of paragraphs (a) and
(b) to read as follows:
§ 265.113 Closure; time allowed for
closure.
(a) Within 90 days after receiving the
final volume of hazardous wastes, or the
final volume of nonhazardous wastes if
the owner or operator complies with all
applicable requirements in paragraphs
(d) and (e) of this section, at a
hazardous waste management unit or
facility, or within 90 days after approval
of the closure plan, whichever is later,
the owner or operator must treat,
remove from the unit or facility, or
dispose of on-site, all hazardous wastes
in accordance with the approved closure
plan. * * *
(b) The owner or operator must -
complete partial and final closure
activities in accordance with the
approved closure plan and within 180
days after receiving the final volume of
hazardous wastes, or the final volume of
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Federal Register / Vol. 55, No. lift / Tuesday, August 27, 1991 /Rules
nonhazardons wastes if the owner or
operator complies with, all applicable
requirements irt paragraphs (d) and (e)
of this section, at the hazardous waste
management unit or facility, or ISO days
after approval of the closure plan, if that
is later.
PART 266—STANDARDS FOR THE
MANAGEMENT OF SPECIFIC
HAZARDOUS WASTES AND SPECIFIC
TYPES OF HAZARDOUS WASTE
MANAGEMENT FACILITIES
III. In part 266:
1. The authority citation for part 288
continues to read as follows:
Authority: Sees. 1006, 20Q2(a), 3004, and
3014 of the Solid Waste Disposal Act, aa
amended by the Resource Conservation and
Recovery Aet of 197&, as amended (42 U.S.C.
6905, 6812fa>, 6924, and 6934).
2. Section 266.100 is amended by
revising the first sentence of paragraph
(a), the introductory text of paragraph
(c)(l), paragraphs (c){l)(ii), {e}(2} (i) and
(if), and by adding paragraphs (c)(3) and
(f) to read as follows:
§266.100 Applicability.
(a) The regulations of this subpart
apply to hazardous waste burned or
processed in a. boiler or industrial
furnace (as defined in § 260.10 of this
chapter) irrespective of the purpose of
burning or processing, except as
provided by paragraphs (b), (c), (d), and
(f) of this section. * * *
(c)
(1) To be exempt from § § 266.102
through 266.111, an owner or operator of
a metal 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
paragraph (c){3) of this section: .
(i) * * *
(id) Sample and analyze the hazardous
waste and other feedstocks as
necessary to comply with the
requirements of this paragraph under
procedures specified by Test Methods
for Evaluating. Solid Waste, Physical/
Chemical Methods, SW-846,
incorporated by reference in 1260.11 of
this chapter or alternative methods that
meet or exceed the SW-846 method
performance capabilities. If SW-846
does not prescribe a method for a
particular determination, the owner or
operator shall use the best available
method; and
(2)
(i) The hazardoaa waste has a total
concentratum oforganic compounds
listed in part 2R, appendix VHfc ofrthis ! •
chapter exceeding 500 ppm by weight,
as-fired, and so iff 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
thai removes or destroys organic
constituents. Blending for dilution to
meet the 50& ppm limit is prohibited1 and
documentation feat the waste has not
been impermissibly diluted must be
retained in the records required by
paragraph (c)flKHi) of this section; or
(ii) The hazardous waste has a
heating value of 5.00& Btu/Tb 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/Ib limit by bona fide
treatment that removes or destroys .-
organic constituents. Blendingfor .
dilution to meet the 5,000 Btu/Ib limit is
prohibited and documentation that the
waste has not been impermissibly
diluted must be retained hi the records
required by paragraph (c)(lj(iii) of this'
section. .>"-'•
f3) To be exempt from §f 266.102
through 266.111, an owner or operator of
a lead or nickel-chromium recovery
furnace; or a metal recovery furnace
that burns baghouse bags used to
capture metallic dusts emitted by steel
manufacturing, roust provide a one-time
written notice to the Director identifying
each hazardous waste burned and
specifying whether the owner or
operator claims an exemption for each
waste under this paragraph or
paragraph (c)(l) of this section. The
owner or operator must comply with the
requirements of paragraph (c)(l)' of this
section for those wastes claimed to be
exempt under that paragraph and must
comply with the reqirirements below for
those wastes claimed to be exempt
under this paragraph.
(i) The hazardous wastes listed in
appendices XI and XII, part 268, and
baghouse bags used to capture metallic
dusts emitted by steel manufacturing are
exempt from the requirements of
paragraph (c)(l) of this section, provided
that
(A) A waste listed in appendix XI
must contain recoverable levels of lead,
a waste listed in appendix XII must
contain recoverable levels of nickel or
chromium, and baghouse bags used to
capture metallic dusts emitted by steel
manufacturing must contain recoverable
levels of metal; and
(B) The waste does not exhibit the
Texicity Characteristic of & 261.24 of .
this chapter for'an organic constituent;
and
(Q The waste is aoAahsteamkug .
waste listed in sabpaztl^tjf part 281 of
this cfaa|teirb«caa8e-itia hated farrj an
organic constituent as rdeniiiJed j«t .is
apspendix VB of part 2Slofths chapter;
and ••..-. . ; •' .'•.••<«•'"•;
(D) The owner or operator certif&frfa
the one-lime notice that hazardous I
waste fs transed vmder 1fee imsvis3
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42514 . Federal Register / Vol. 56, No. 166 /Tuesday, August 27. 1991 / Rules and Regulations
(!) Provide a one-time written notice
to the Director indicating the following:
(i) The owner or operator claims
(iij 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
paragraph; and
(2) Sample and analyze the hazardous
waste as necessary to document that the
waste is burned for recovery of ,
economically significant amounts of
precious metal using procedures
specified by Test Methods for
Evaluating Solid Waste, Physical/
Chemical Methods, SW-846,
Incorporated by reference in § 260,11 of
this chapter or alternative methods that
meet or exceed the SW-846 method
performance capabilities. If SW-846
does not prescribe a method for a
particular determination, the owner or
operator shall use the best available
method; and
(3) 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.
3. Section 266.102 is amended by
revising the first two sentences of
paragraph (b)(l) and revising paragraph
(e)(10) to read as follows:
§266.102 Permit standards for burners.
*****
(b) Hazardous waste analysis. (1) The
owner or operator must provide an
analysis of the hazardous waste that
quantifies the concentration of any
constituent identified in appendix VIE of
part 281 of this chapter that may
reasonably be expected to be in the
waste. Such constituents must be
identified and quantified if present, at
levels detectable by analytical
procedures prescribed by Test Methods
for Evaluating Solid Waste, Physical/
Chemical Methods (incorporated by
reference, see § 260.11 of this chapter).
Alternative methods that meet or
, exceed the method performance
capabilities of SW-846 methods may be
used. If SW-846 does not prescribe a
method for a particular determination,
the owner or operator shall use the best
available method. * * *
* * * * ; *
(e) * * '*
(10) Recordkeeping. The owner or
operator must keep in the operating
record of the facility all information and
data required by this section until
closure of the facility. ,
4. Section 266.103 is amended by
revising paragraphs (a)(3), (a)(5)
introductory text, (a)(5)(ii)(A),
. ,
(c)(3), (e), and (k) to read as follows:
§ 266.103 Interim status standards for
burners.
(a) * * *
(3) 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. * * *
(5) 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 paragraph (a)(5)(ii) of
this section) at any location other than
the hot end where products are normally
discharged or where fuels are normally
.fired:
*****
(ii) * * *
(A) The hazardous waste has a total
concentration of nonmetal compounds
listed in part 261, appendix VIII, of this
chapter 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
(B) 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
treatement 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.
(6) Restrictions on burning hazardous
waste that is not a fuel. Prior to
certification of compliance under
paragraph (c) of this section, 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
Director has documentation to show
that, prior to August 21,1991:
(A) The boiler or industrial furnace is
operating under the interim status
standards for incinerators provided by
subpart O of part 265 of this chapter, or
the interim status standards for thermal
treatment units provided by subpart P of
part 265 of this chapter, and
(B) The boiler or industrial furnace
met the interim status eligibility
requirements under § 270.70 of this
chapter for subpart O or subpart P of
part 265 of this chapter; and
(C) 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
§ 261.2(e) of this chapter prior to
February 21,1991 and documentation is
kept on file supporting this claim.
* * * * *
(b) * * *
(6) * * *
(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:
(A) The administrative record kept by
the Agency office where the supporting
documentation was submitted or
another location designated by the
Director; and
(B) 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 Director, 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.
(c)
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f'ederal Register / Vol. 56. No. 166 / Tuesday. August 27, 1991 / Rules and Regulations 42515
(1) 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
paragraph (c)(4)(iv) of this section) 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 §§ 266.104 (b) through (e), 266.105,
266.106, 266.107, and 266.103(a)(5)(i)(D)
at all times when there is hazardous-
waste in the unit.
* * * , *, *
(3) Compliance testing.—(i) General.
Compliance testing must be conducted
under conditions for which the owner or
operator has submitted a certification of
precompliance under paragraph (b) of
this section and under conditions
established in the notification of
compliance testing required by
paragraph (c)(2) of this section. 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 on-site 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 Director 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 § 266.103(c).
* * - * * *
(e) Noncompliance with certification
schedule. If the owner or operator does
not comply with the interim status
compliance schedule provided by
paragraphs (b), (c), and (d) of this
section, hazardous waste burning must
terminate on the date that the deadline
is missed, closure activities must begin
under paragraph (1) of this section, 'and
hazardous waste burning may not
resume except under an operating
permit issued under § 270.66 of this
chapter. For purposes of compliance
with the closure provisions of paragraph
(1] of this section and §§ 265.112(d)(2)
and 265.113 of this chapter the boiler or
industrial furnace has received "the
known final volume of hazardous
waste" on the date that the deadline is
missed.
*****
(k) Recordkeeping. The owner or
operator must keep in the operating
record of the facility all information and
data'required by tins-section until .
closure of the boiler or industrial
furnace unit.' /-''-' '•'•'• <''•*"'•?:-<"~ ^v\
*.*,_* * * *• -
5. Section 266.108 is amended by
revising paragraph (a)(2) to read as
follows:
§ 266.108 Small quantity on-slte burner
exemption. ,
(a) * * *
(1)* * * •
(2) 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.
*****
6. Section 266.109 is amended by
revising paragraph (a)(l)(i) to read as
follows:
§266.109 Low risk waste exemption.
(a) * * *
(1) * * *
(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 Director on a case-
by-case basis, other nonhazardous fuel
with combustion characteristics
comparable to fossil fuel. Such fuels are
termed "primary fuel" for purposes of
this section. (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;
*****
7. Section 266.110 is amended by
revising paragraph (a) to read as
follows: . .
§ 266.110 Waiver of ORE trial bum for
boilers.
(a) 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 Director on a case-
by-case basis, other nonhazardous fuel
with combustion characteristics
comparable to fossil fuel. Such fuels are
termed "primary fuel" for purposes of
this section. (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;
8. Section 266.111 is amended by
revising paragraph (d)(2) to read as -
follows: • • •
§266.111 Standards for direct transfer.
* *'**,*
(d)***
(2) The use and management '
requirements of subpart Ir part 265 of
this chapter, except for f § 265.17Q and
265.174, and except that in lieu of the
special requirements of § 265.176 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), (incorporated by
reference, see § 260.11). 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
* * * * •*.',-.:.'.'•
9. Section 266.112 is amended by
revising paragraphs (a)(l), (b)(l)(i),
(b)(l){ii), and (c) introductory text, arid .
adding paragraph (b)(2)(iii) to read as
follows: • • •
§266.112 Regulation of residues.
* * * * *
(a)* * * , .
(1) Boilers. Boilers must burn at least
50% coal on a total heat input or mass
input basis, whichever results in the
greater mass feed rate of coal;
***** . .
(b) * * *
W* * *' .
(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 th^t 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
-------
ftxferai Register r/ Vdl. 56; flo. 166./ Tuesday, August 27, 1991 / Rules and .Regulations
operationvwfith the new raw material .or
fuel. To determine the amper tolerance
limit in the normal residue, the owner or
operator shall use statistical procedures
prescflftwra-'fai^Statfistical-Mefliodology
for Bevill Residue Determinations" in
appendix IX of this part.
(ii) Wa3te~derived residue. Waste-
derivzdiesidue shall be sampled-and
analyzed ;aa often as necessaryto
determine whether the residue
generated during each 24-hour period
has concentrations of toxic constituents
that are higher than the concentrations
established for the'normal residue under
paragraph'(bKl)(i) of this section. If so,
hazardous waate burning teas
significantly affected the residue and the
rEsidue'tballTiot be excluded from'the
definition.of a hazardous waste.
Concentrations of toxic constituents of
concenrin fee waste-derived residue
shall be. determined based on analysis
of onetor more samples obtained over a
31-hour period. Multiple samples may be
asialyzed.^nd 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, Ihe
concentration of each toxic constituent
shall be the arithmetic mean of the
concentrations in the samples. No ,
results may %e disregarded; or ,
(2) * * *
(iii) Sampling and analysis. Waste-
dorivad residue shall be sampled and
analyzed :as often as necessary to
determine whether the lesidue
generated during £ach.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 forma
composite sample faranalysifi provided
that the sampling period does not
exceed 24 Jiours. 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 ihe
arithmetic mean of the.concentrations in
the samples. .No results may be
disregarded; and
(oj ^Records sufficient to document
compliance with, the .provisions of this
sectionishaU be retained until closure .of
the boiler or industrial fumaoe unit. At a
minimum, the following shall be
recorded.
10. Appendix IX to Part Z6&—Methods
Manual for Compliance with the BIF
Regulations is amended by revising
Section 7.0 to read as follows:
Section TiO
Statistical Methodology for Bevill Residue
Determinations
This section describes the statistical
comparison of waste-derived residue to
normal residue for use in determining
eligibility for the Bevill exemption under 40
CFR 266.112.
7.1 Comparison of Waste-Derived Residue
to Normal Residue
To be eligible for the Bevill exclusion from
the definition of hazardous waste under 40
CFR266.112{b)(l), waste-derived residue
must not contain Appendix VIII, Part 261,
constituents .that could reasonably be
attributable to the hazardous waste (toxic
constituents) at concentrations significantly
higher than in.residue.generated without
burning or processing hazardous waste
(normal residue). Concentrations of toxic
constituents in normal residue are
determined based on analysis of a minimum
of 10 samples representing a minimum of 10
days of operation. The statistically-derived
concentrations in normal residue are
determined as the upper tolerance limit (95%
confidence with a 95% proportion of the
sample distribution) of the normal residue
concentrations. The upper tolerance limit is
to be determined as described in Section 7.2
below. If'changes in raw materials or fuels
could lower the statistically-derived
concentrations of toxic constituents of
concern, the statistically-derived baseline
must be re-BStablished for any such mode of
operation with the new raw material or fuel.
Concentrations of toxic constituents in
waste-derived residue are determined based
on the analysis of one or more samples
collected-over a compositing period of not
more than 24'hours. Mulitple samples of the
waste-derived residue may be analyzed or
subsamples may be composited for analysis,
provided that the sampling period does not
exceed 24 hours, ff more than one sample is
analyzed to characterize the waste-derived
residue generated over a 24-hour period, the
arithmetic mean of the concentrations must
be used as the waste-derived concentration
for each constituent.
The concentration of a toxic constituent in
the waste-derived residue is not considered
to be significantly higher than in the normal
residue (i.e., the residue passes the Bevill test
for that constituent) if the concentration in
the waste-derived residue does'not exceed
the statistically-derived concentration.
7.£ Calculation of the Upper Tolerance
Limit
The 95% confidence with 95% proportion of
the sample distribution (upper tolerance
limitj-is calculated-tor a set of values
assuming that the values are normally
distributed. The upper "tolerance limit isa
onesided calculation and is an appropriate
statistical test for cases in which a single
value tthe waste-derived residue
concentration) is compared to the distribution
of a range of values (the minimum of 10
measurements of normal residue
concentrations). The upper tolerance limit
value is determined as follows:
UTL = X + (K)(S)
where X = mean of,the normal residue
concentrations,. X = X4/n,
K = coefficient for sample size n, 95%
confidence and 95% proportion,
S = standard deviation of the normal residue
concentrations,
S=(2 (X, - X)2/(n - I))0-5, and
n = sample size.
The values of K at the 95% confidence and
95% proportion, and sample size n are given
in Table 7.0-1.
For example, a normal residue test results
in 10 samples with the following analytical
results for toxic constituent A:
Sample No.
1
2
5 -
6 . „
7 ». ». . rt..«...».......
10 _ _
Concentration
of constituent
A (ppm)
10
10
15
to
7
12
10
16
15
10
The mean and the standard deviation of
these measurements, calculated using the
above equations, are 11.5 and 2.9,
respectively. Assuming that the values are
normally distributed, the upper tolerance
limit (UTL) is given by:
UTL=11.5+(2.911)(2.9)=19.9 ppm
This, if the concentration of constituent A
in the waste-derived residue is below 19.9
. ppm, then the waste-derived residue is
eligible for the Bevill exclusion for
constituent A.
7.3 Normal Distribution Assumption
As noted in Section 7.2 above, this
statistical approach (use of the upper
tolerance limit) for calculation of the
concentration in normal residue is based on
the assumption that the concentration data
are distributed normally. The Agency is
aware that concentration data of this type
may not always be distributed normally,
particularly when concentrations are near the
detection limits. There are a number of
procedures that can be used to test the
distribution of a data set For example, the
Shapiro-.Wilk test, examination of a
histogram or plot of the data on normal
probability paper, and examination of the
coefficient of skewness-are methods that may
be applicable, depending on the nature of the
data (References 1 and 2).
If the concentration data are not
adequately represented by a normal
distribution, the data may be transformed to
attain a near normal distribution. The Agency
has found that concentration data, especially
when near detection levels, often exhibit a
lognormal distribution. The assumption of a
lognormal distribution has been used in
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Federal Register / Vol. 56. No. 166 / Tuesday, August 27, 1991 / Whiles &jd Regulations 42517
various programs at EPA, such as in the
Office of Solid Waste Land Disposal
Restrictions program for determination of
BDAT treatment standards. The transformed
data may be tested for normality using the
procedures identified above. If the
transformed data are better represented by a
normal distribution than the uhtransfonned
data, the transformed data should be used in
determining the upper tolerance limit using.
the procedures hi Section 7.2 above.
In all cases where the owner or operator
wishes to use other than an assumption of
normally distributed data or believes that use
of an alternate statistical approach is
appropriate to the specific data set, he/she
must provide supporting rationale in the
operating record that demonstrates that the
data treatment is based upon sound
statistical practice.
7.4 Nondetect Values
The Agency is developing guidance
regarding the treatment of nondetect values
[data where the concentration of the
constituent being measured is below the
lowest concentration for which the analytical
method is valid) in carrying out the statistical
determination described above. Until the
guidance information is available, facilities
may present their own approach to the
handling of nondetect data points, but "must
provide supporting rationale in the operating
record for consideration by the Director.
TABLE 7.0-1.—K VALUES FOR 95%
CONFIDENCE AND 95% PROPORTION
Sample size (n)
10
11.....
12
13
14 _
15
16 .-. „..
17
18
19
20
21
22 :. >• •
23
24
25
K
2911
g 815
2736
2670
2614
2 5g6
2523
2486
2458
2423
2396
2371
2 350
2.329
2 303
2292
7.5 References
1. Shapiro, S.S. and Wilki M.B. (11965). "Ah
Analysis of Variance^Test for Normality T
[complete samples)," Biometrika, 52,591-611.
2. Bhattacharyya, G.K. and R. A. Johnson
(1977), Statistical Concepts and Methods,
John Wiley and Sons, New York.
* * * * *
11. Appendix XI to Part 268 is added to
read as follows:
Appendix XI.—Lead-Bearing Materials That
May be Processed In Exempt Lead Smelters
A. Exempt Lead-Bearing Materials When
Generated or Originally Produced By Lead-
Associated Industries J
Acid dump/fill solids
Sump mud
Materials^rom laboratory analyses
Acid filters •
Baghouse bags
Clothing (e.g.rcoveralls, 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 Lea&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 ,
12. Appendix XII to Part 266 is added to
read as follows:
Appendix XII.—Nickel or Chromium-Bearing
Materials that may be Processed In Exempt
Nickel-Chromium Recovery Furnaces
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 waste water treatment sludges
(F006) '
Nickel and/or chromium-containing 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
industry1
Filter cake from nickel-chromium alloy
pickling operations * .-..'-
[FRDoc. 91-20401 Filed 8^26-91; 8:45 am]
BILLING CODE 6560-50-M . '
1 Lead-associated industries are lead smelters,
lead-acid battery manufacturing, and lead chemical
manufacturing (e.g., manufacturing of lead oxide or
other lead compounds).
1 If a hazardous waste under an authorized State
program. .'.-.. . . , -.:'.•••
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