5026 905R80015
Model Permit for Hazardous Waste Treatment, Storage,
and Disposal Facilities
The model permit has been developed to provide a standard
permit format for facilities that store, treat or dispose of
hazardous wastes. The model is divided into modules and will
eventually cover all types of facilities that require permits
under RCRA. At present modules have been developed that cover
permit conditions that apply to all facilities and specific
conditions for tank and container storage. The incinerator
and land disposal modules are under development and will be
incorporated into this document shortly. A module for storage
of hazardous wastes in piles, based on the July 26, 1982,
waste pile regulations is being developed. Therefore, no
module covering the January 12,1981, waste pile regulations is
attached. The modules that are ready now are:
0 Module I - Standard Conditions - Covers the conditions
found in 40 CFR Part 122 and required to be included in
all permits.
0 Module II - General Facility Conditions - Covers the
conditions found in 40 CFR Part 264, Subparts B, C, D,
E, G and H and required to be included in all permits.
0 Module III - Container Storage - Covers the conditions
required in 40 CFR Part 264, Subpart I, for facilities
that store hazardous wastes in containers.
0 Module IV - Tank Storage - Covers the conditions required
by 40 CFR 264, Subpart J, for facilities that store
hazardous wastes in tanks.
In developing this model, we used our best judgment in
deciding which regulatory provisions should be spelled out and
which may be incorporated by reference. Some provisions must
be written out because the standards offer options or the
permit conditions must be more explicit than the regulation to
be enforceable. In other cases, regulatory provisions are
spelled out because of their importance to the permittee or
the public. All regulations incorporated by reference are
those in effect on the date of issuance of the permit.
The model also identifies (1) conditions that are exclusive
to existing facilities and conditions that are exclusive to new
facilities; (2) where optional methods of meeting the regulatory
requirements are allowed; and (3) which conditions may be
waived or varied under the regulations.
The model also identifies where parts of the application
should be incorporated into the permit. For example, the
condition covering 40 CFR 264.51 (b) - (Implementation of
contingency plan) may read: -.*.*• A,...**.*
U.S. Environmental Protection Agency
Region Vf Library
230 South Dearborn Straet
Chicago, Hllnols 60604 *
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"The Permittee shall immediately carry out the
provisions of the contingency plan, Attachment ,
whenever there is a fire, explosion, or release
of hazardous waste or constituents which threatens
or could threaten human health or the environment."
Several conditions in Module II will cover the regulatory
requirements found in 40 CFR Part 264, Subparts I, J, and L.
These are:
Condition
II.D - Waste analysis
II.F - Inspections
II.R - Closure
Regulatory Coverage
§§264.13, .17, .177, and .198
§§264.15, .174, and .194
Part 264, Subpart G,
§§264.178 and .197
The model permit uses notes (in brackets) following certain
permit conditions to explain how they are to be applied. As
this information is for the permit writer's use, it should not
appear in the permit.
The language provided in the model permit assumes that
the application has demonstrated (to the appropriate level of
detail) that the facility will meet all the requirements in the
regulations. The model permit does not explain how decisions
dealing with whether a facility design is technically adequate
will be made by the permit writer. Users of this model should
understand that many of the performance standards contained in
the model must be amplified by or translated into conditions
specific to the facility in question. This model is designed
to provide a format for standard permit conditions and to aid
permit writers in ensuring that all the applicable require-
ments of the regulations are addressed by the permit, but does
not in the case of each regulatory requirement, give an example
of the level of detail that may be necessary to establish
enforceable permit conditions.
Two conditions required by 40 CFR Part 122 have not been
incorporated into the model. Section 122.10 deals with compliance
schedules and should be used on a case-by-case basis, when
appropriate. Such schedules should be specified in the parts of
the permit where they are needed. Section 122.11 concerns recording
and reporting of monitoring results. Conditions addressing this
requirement should also be inserted in the parts of the permit
where they are needed.
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Of course, the permit document is the end result of the
permit process. Once a permit application is submitted, the
permit writer reviews the application and any subsequent revisions
to ensure that the facility will meet all the requirements in
the regulations. If the facility does not meet the applicable
regulations and the permit can not be conditioned to bring the
facility into compliance, then the permit must be denied. EPA
is preparing guidance documents to aid applicants in submitting
complete applications and to assist permit writers in making
decisions about whether the application demonstrates that the
facility meets the design and performance standards in the
regulations.
It is important to note that all permit conditions must have
a regulatory basis and that all applicable regulatory requirements
must be addressed in the permit. The statement of basis or fact
sheet (see 40 CFR 124.7 and 124.8) should describe the rationale
for the conditions in the permit and any waivers that are granted.
When a permit condition reflects an unambiguous regulatory require-
ment, the fact sheet/statement of basis need merely reference
that requirement. When a permit condition fulfills a performance
standard, the fact sheet/statement of basis should explain why
or how that condition satisfies the regulation. Where the regulatory
basis for a permit condition is not obvious, the fact sheet/statement
of basis should clearly support including that condition.
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Permittee [Specify operator (and
owner if not the same I.D. Number
as operator)] Permit Number_
Pursuant to the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1976, as amended
(42 USC §6901 et seq., commonly known as RCRA) and regulations
promulgated thereunder by the U.S. Environmental Protection
Agency (EPA) (codified and to be codified in Title 40 of the
Code of Federal Regulations), a permit is issued to [Name
of Permittee] (hereafter called the Permittee), to operate a
hazardous waste [storage, incineration] facility located in
[City and State] , on Rd, at latitude
and longitude .
The Permittee must comply with all terms and conditions of
this permit. This permit consists of the conditions contained
herein (including those in any attachments) and the applicable
regulations contained in 40 CFR Parts 260 through 264 and 122
and 124 as specified in the permit. Applicable regulations
are those which are in effect on the date of issuance of
this permit. (See 40 CFR §122.8(b)(2)).
This permit is based on the assumption that the information
submitted in the permit application attached to the Permittee's
letter dated as modified by subsequent
amendments dated and
(hereafter referred to as the application) is accurate and
that the facility will be constructed and operated as specified
in the application. Any inaccuracies found in this information
may be grounds for the termination or modification of this permit
(see 40 CFR §122.15, §122.16 and §122.17) and potential enforce-
ment action. The Permittee must inform EPA of any deviation from
or changes in the information in the application which would
affect the Permittee's ability to comply with the applicable
regulations or permit conditions.
This permit is effective as of [insert date in accordance with
§122.15], and shall remain in effect until [insert date in
accordance with §122.9], unless revoked and reissued, or
terminated (40 CFR §122.9) or continued in accordance with
§122.5(a).
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MODULE I - STANDARD CONDITIONS
A. EFFECT OF PERMIT
The Permittee is allowed to [store, incinerate] hazardous
waste in accordance with the conditions of this permit.
Any [storage, incineration] of hazardous waste not authorized
in this permit is prohibited. Compliance with this permit
constitutes compliance, for purposes of enforcement, with
Subtitle C of RCRA. Issuance of this permit does not convey
property rights of any sort or any exclusive privilege; nor
does it authorize any injury to persons or property, any
invasion of other private rights, or any infringement of
State or local law or regulations. Compliance with the
terms of this permit does not constitute a defense to any
order issued or any action brought under Section 3013 or
Section 7003 of RCRA, Section 106(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9606 (a), commonly known as CERCLA), or
any other law providing for protection of public health or
the environment.
B. PERMIT ACTIONS
This permit may be modified, revoked and reissued, or termi-
nated for cause as specified in 40 CFR 122.15, 122.16, and
122.17. The filing of a request for a permit modification,
revocation and reissuance, or termination or the notifica-
tion of planned changes or anticipated noncompliance on
the part of the Permittee does not stay the applicability
or enforceability of any permit condition.
C. SEVERABILITY
The provisions of this permit are severable, and if any pro-
vision of this permit, or the application of any provision
of this permit to any circumstance is held invalid, the
application of such provision to other circumstances and
the remainder of this permit shall not be affected thereby.
D. DUTIES AND REQUIREMENTS
1. Duty to Comply. The Permittee shall comply with all condi-
tions of this permit, except to the extent and for the dura-
tion such noncompliance is authorized by an emergency permit.
Any permit noncompliance, other than non-compliance authorized
by an emergency permit, constitutes a violation of RCRA and is
grounds for enforcement action, permit termination, revocation
and reissuance, modification, or denial of a permit renewal
application.
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2. Duty to Reapply. If the Permittee wishes to continue an ac-
tivity allowed by this permit after the expiration date of
this permit, the Permittee shall submit a complete application
for a new permit at least 180 days before this permit expires.
3. Permit Expiration. This permit and all conditions herein
will remain in effect beyond the permit's expiration date
if the Permittee has submitted a timely, complete applica-
tion (see 40 CFR 122.25 and 122.24) and through no fault of
the Permittee the Regional Administrator has not issued a
new permit as set forth in 40 CFR 264.5.
4. Need to Halt or Reduce Activity Not a Defense. It shall not
be a defense for the Permittee in an enforcement action that it
would have been necessary to halt or reduce the permitted activity
in order to maintain compliance with the conditions of this
permit.
5. Duty to Mitigate. The Permittee shall take all reasonable steps
to minimize or correct any adverse impact on the environment
resulting from noncompliance with this permit.
6. Proper Operation and Maintenance. The Permittee shall at all
times properly operate and maintain all facilities and systems
of treatment and control (and related appurtenances) which are
installed or used by the Permittee to achieve compliance with the
conditions of this permit. Proper operation and maintenance
includes effective performance, adequate funding, adequate opera-
tor staffing and training, and adequate laboratory and process
controls, including appropriate quality assurance procedures.
This provision requires the operation of back-up or auxiliary
facility or similar systems only when necessary to achieve
compliance with the conditions of the permit.
7. Duty to Provide Information. The Permittee shall furnish to
the Regional Administrator, within a reasonable time, any rele-
vant information which the Regional Administrator may request to
determine whether cause exists for modifying, revoking and re-
issuing, or terminating this permit, or to determine compliance
with this permit. The Permittee shall also furnish to the Regional
Administrator, upon request, copies of records required to be
kept by this permit.
8. Inspection and Entry. The Permittee shall allow the Regional
Administrator, or an authorized representative, upon the presen-
tation of credentials and other documents as may be required by
law to:
(a) Enter at reasonable times upon the Permittee's premises
where a regulated activity is located or conducted, or
where records must be kept under the conditions of this
permit;
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(b) Have access to and copy, at reasonable times, any rec-
ords that must be kept under the conditions of this
permit;
(c) Inspect at reasonable times any facilities, equipment
(including monitoring and control equipment), practices,
or operations regulated or required under this permit;
and
(d) Sample or monitor, at reasonable times, for the purposes
of assuring permit compliance or as otherwise authorized
by RCRA, any substances or parameters at any location.
9. Monitoring and Records.
(a) Samples and measurements taken for the purpose of moni-
toring shall be representative of the monitored activity.
The method used to obtain a representative sample of
the waste to be analyzed must be the appropriate method
from Appendix I of 40 CFR Part 261. Laboratory methods
must be those specified in Test Methods for Evaluating
Solid Waste; Physical/Chemical Methods SW-846 [insert
date of publication], Standard Methods of Wastewater .
Analysis [insert reference number and date of publication];
or an equivalent method as specified in the attached
Waste Analysis Plan [and Trial Burn Plan, (for incinerators
that are performing a trial burn)]
(b) The Permittee shall retain records of all monitoring
information, including all calibration and maintenance
records and all original strip chart recordings for
continuous monitoring instrumentation, copies of all
reports and records required by this permit, and
records of all data used to complete the application
for this permit for a period of at least 3 years from
the date of the sample, measurement, report or record.
These periods may be extended by request of the Regional
Administrator at any time and are automatically extended
during the course of any unresolved enforcement action
regarding this facility.
(c) Records of monitoring information shall specify:
(i) The dates, exact place, and times of sampling or
measurements;
(ii) The individuals who performed the sampling or
measurements;
(iii) The dates analyses were performed;
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(iv) The individuals who performed the analyses;
(v) The analytical techniques or methods used; and
(vi) The results of such analyses.
10. Reporting Planned Changes. The Permittee shall give
notice to the Regional Administrator as soon as possible
of any planned physical alterations or additions to the
permitted facility.
11. Certification of Construction or Modification. The
Permittee may not commence [storage, incineration] of
hazardous waste at the facility until:
(a) The Permittee has submitted to the Regional Adminis-
trator by certified mail or hand delivery a letter
signed by the Permittee and a registered professional
engineer stating that the facility has been constructed
or modified in compliance with the permit; and
(b) (i) The Regional Administrator has inspected the modi-
fied or newly constructed facility and finds it
is in compliance with the conditions of the
permit; or
(ii) The Regional Administrator has either waived the
inspection or has not within 15 days notified
the Permittee of his or her intent to inspect.
[Note: This condition only applies to newly permitted facili-
ties or to permitted facilities which have been modified.]
12. Anticipated Noncompliance. The Permittee shall give ad-
vance notice to the Regional Administrator of any planned
changes in the permitted facility or activity which may
result in noncompliance with permit requirements.
13. Transfer of Permits. This permit may be transferred to
a new owner or operator only if it is modified or revoked
and reissued pursuant to 40 CFR 122.15(b)(2) or 122.17(d).
Before transferring ownership or operation of the facility
during its operating life, the Permittee shall notify the
new owner or operator in writing of the requirements of
40 CFR Parts 264 and 122.
14. Compliance Schedules. Reports of compliance or noncompli-
ance with, or any progress reports on, interim and final
requirements contained in any compliance schedule of this
permit shall be submitted no later than 14 days following
each schedule date.
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[Note: This condition only applies to permits containing
compliance schedules.]
15. Twenty-four Hour Reporting. The Permittee shall report
to the Regional Administrator any noncompliance with the
permit which may endanger health or the environment.
Any such information shall be reported orally within 24
hours from the time the Permittee becomes aware of the
circumstances. This report shall include the following:
(a) Information concerning the release of any hazardous
waste which may endanger public drinking water supplies.
(b) Information concerning the release or discharge of any
hazardous waste, or of a fire or explosion at the
facility, which could threaten the environment or
human health outside the facility. The description
of the occurrence and its cause shall include:
(i) Name, address, and telephone number of the owner
or operator;
(ii) Name, address-, and telephone number of the faci-
lity;
(iii) Date, time, and type of incident;
(iv) Name and quantity of materials involved;
(v) The extent of injuries, if any;
(vi) An assessment of actual or potential hazard to
the environment and human health outside the
facility, where this is applicable; and
(vii) Estimated quan-tity and disposition of recovered
material that resulted from the incident.
A written submission shall also be provided within 5 days
of the time the Permittee becomes aware of the circumstances.
The written submission shall contain a description of the
noncompliance and its cause; the periods of noncompliance
(including exact dates and times); whether the noncompliance
has been corrected; and if not, the anticipated time it is
expected to continue; and steps taken or planned to reduce,
eliminate, and prevent recurrence of the noncompliance.
The Permittee need not comply with the five day written
notice requirement if the Regional Administrator waives
the requirement and the Permittee submits a written report
within fifteen days of the time the Permittee becomes
aware of the circumstances.
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16. Other Noncompliance. The Permittee shall report all other
instances of noncompliance not otherwise required to be re-
ported above, at the time monitoring reports, as required by
this permit are submitted. The reports shall contain the
information listed in condition D.15.
17. Other Information. Whenever the Permittee becomes aware
that he failed to submit any relevant facts in the permit
application, or submitted incorrect information in a permit
application or in any report to the Regional Administrator,
the Permittee shall promptly submit such facts or information.
E. Signatory Requirement. All reports or other information
requested by the Regional Administrator shall be signed and
certified as required by 40 CFR 122.6.
F. Confidential Information. The Permittee may claim confi-
dential any information required to be submitted by this
permit in accordance with 40 CFR 122.19.
G. Documents To Be Submitted Prior to Operation. [Note: Include
here the requirement to submit any documents not complete or
ready at time of permit issuance with the schedule for such
submission (e.g., an updated contingency plan or the executed
financial assurance instruments).]
H. Documents To Be Maintained at Facility Site. The Permittee
shall maintain at the facility, until closure is completed
and certified by an independent registered professional
engineer, the following documents and amendments, revisions
and modifications to these documents:
(1) Waste analysis plan required by 40 CFR 264.13 and this permit.
(2) Personnel training documents and records required by 40 CFR
264.16(d) and this permit.
(3) Contingency plan required by 40 CFR 264.53(a) and this permit.
(4) Closure plan required by 40 CFR 264.112(a) and this permit.
(5) Cost estimate for facility closure required by 40 CFR 264.142(a)
and this permit.
(6) Operating record required by 40 CFR 264.73 and this permit.
(7) Inspection schedules required by 40 CFR 264.15(b) and this permit,
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MODULE II - GENERAL FACILITY CONDITIONS
A. Design and Operation of Facility. The Permittee shall
maintain and operate the facility to minimize the possibility
of a fire, explosion, or any unplanned sudden or non-sudden
release of hazardous waste constituents to air, soil, or
surface water which could threaten human health or the
environment.
[Note: Permit writers are encouraged to include more specific
conditions to implement this requirement when the regulatory
basis for such conditions can be established. Throughout the
model, conditions where this should be done are indicated
in the notes.]
B. Required Notice.
(1) The Permittee shall notify the Regional Administrator
in writing at least four weeks in advance of the date
the permittee expects to receive hazardous waste from
a foreign source. Notice of subsequent shipments of
the same waste from the same foreign source in the same
calendar year is not required.
(2) When the Permittee is to receive hazardous waste from
an off-site source (except where the Permittee is
also the generator), he must inform the generator in
writing that he has the appropriate permits for, and
will accept, the waste the generator is shipping. The
Permittee must keep a copy of this written notice as
part of the operating record. (See Condition II.L.I).
[Note: This condition is only applicable if the facility
receives waste from off-site.]
C. General Waste Analysis. The Permittee shall follow the
procedures described in the attached waste analysis plan,
Attachment .
[Note: The waste analysis requirements of §§264.17, 264.177,
264.198, 264.199, 264,256 264.257 and 264.341 must be covered
by the attached plan when applicable.]
D. Security. The Permittee shall comply with the security
provisions of 40 CFR 264.14(b) [select either (1) or (2)
based upon the applicant's submittal] and (c).
[Note: The permit writer should include specific security
provisions in the permit to ensure compliance with §264.14(b).
If the Permittee has successfully demonstrated in accordance
with 40 CFR 264.14(a) that the security requirements in
§264.14(b) and (c) are not necessary, no security permit
condition is needed. This demonstration must be documented
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in the administrative record. Specific security provisions
needed to implement the performance standard in §264.14(a)
should be so included. For example, specify the language of
signs required by §264.14(c), if necessary.]
E. General Inspection Requirements. The Permittee shall
follow the inspection schedule, Attachment . The
Permittee shall remedy any deterioration or malfunction
discovered by an inspection as required by 40 CFR 264.15(c).
Records of inspections shall be kept as required by 40 CFR
264.15(d).
[Note: When applicable the specific regulatory requirements
of §§264.174, 264.194, 264.254, and 264.347 must be covered
by the attached schedule.]
F. Personnel Training. The Permittee shall conduct personnel
training as required by 40 CFR 264.16. This training program
I shall follow the attached outline, Attachment . The Permittee
shall maintain training documents and records as required by
40 CFR 264.16(d) and (e).
[Note: The attached outline is required to be submitted by
§122.25(a)(12) and must demonstrate how the Permittee will .
comply with §264.16]
G. General Requirements for Ignitable, Reactive, or Incompatible
Waste. The Permittee shall comply with the requirements
of 40 CFR 264.17(a).
[Note: This condition applies only if the Permittee handles
ignitable, reactive or incompatible wastes. Conditions spe-
cific to different types of storage (i.e., tanks, containers,
or piles) which address §264.17(b) and (c) are specified in
the proper module.]
H. Location Standards.
/
[Note: Seismic Considerations - If the proposed (new) facility
is located in an area listed in Appendix VI of 40 CFR Part 264,
the applicant must have demonstrated compliance with 40 CFR
264.18(a). This must be documented in the administrative
record.]
[Note: Floodplains - If the proposed (new) facility is not
located in a hundred year floodplain, there is no permit
condition needed. This must be documented in the admini-
strative record. For facilities located in the 100-year
floodplain, the permit must set forth conditions by which
the Permittee will meet the requirements of 40 CFR 264.18(b).
Existing facilities not in compliance with 40 CFR 264.18(b)
must be placed on a compliance schedule (see 40 CFR 122.25(a)
(11)( ) and 122.10) .]
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I. Preparedness and Prevention
1. Required Equipment. At a minimum, the Permittee shall
equip the facility with the equipment set forth in the
contingency plan, Attachment as required by
40 CFR 264.32.
[Note: The list of equipment required by §264.52(e), in
the contingency plan must meet the requirements of §264.32.
If the Permittee has successfully demonstrated in accordance
with 40 CFR 264.32 that any of the equipment is not required
the decision should be documented in the administrative
record.]
2. Testing and Maintenance of Equipment. The Permittee
shall test and maintain the equipment specified in the
previous permit condition as necessary to assure its
proper operation in time of emergency.
[Note: Specific testing and maintenance procedures needed
to implement the above condition, should be included in
the permit.]
3. Access to Communications or Alarm System. The Permittee
shall maintain access to the communications or alarm system
as required by 40 CFR 264.34.
[Note: If the Permittee has successfully demonstrated that
such a device is not required under 40 CFR 264.32, the
decision should be documented in the administrative record.]
4. Required Aisle Space. At a minimum, the Permittee shall
maintain aisle space as required by 40 CFR 264.35.
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[Note: If the Permittee has successfully demonstrated that
aisle space is not needed for any of the purposes specified
in the regulations, the decision should be documented in
the administrative record. Plans or specifications which
demonstrate how the Permittee will meet this regulatory
standard should be referenced and attached to the permit.]
5. Arrangements with Local Authorities. The Permittee
shall attempt to make arrangements with State and local
authorities as required by 40 CFR 264.37. If State or local
officials refuse to enter into preparedness and prevention
arrangements with the Permittee, the Permittee must document
this refusal in the operating record.
[Note: The Permittee is required to describe arrangements
with local authorities in the contingency plan. (See 40 CFR
264.52(c)).]
J. Contingency Plan.
1. Implementation of Plan. The Permittee shall imme-
diately carry out the provisions of the contingency
plan, Attachment , and follow the emergency proce-
dures described by 40 CFR 264.56 whenever there is a
fire, explosion, or release of hazardous waste or
constituents which threatens or could threaten human
health or the environment.
[Note: The Contingency Plan must meet the requirements of
§§ 264.51(a), 264.52 and 264.56.]
2. Copies of Plan. The Permittee shall comply with the
requirements of 40 CFR 264.53.
3. Amendments to Plan. The Permittee shall review and
immediately amend, if necessary, the contingency plan,
as required by 40 CFR 264.54.
[Note: Amendments to the plan are subject to the permit
modification requirements of 40 CFR Part 122.]
4. Emergency Coordinator. The Permittee shall comply
with the requirements of 40 CFR 264.55, concerning the
emergency coordinator.
[Note: For new facilities, the names, addresses, and
phone numbers of all persons qualified to act as emer-
gency coordinators shall be supplied to the Regional
Administrator at the time of certification required by
condition I.D.ll. (See 40 CFR 264.52(d)) .]
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K. Manifest System. The Permittee shall comply with the
manifest requirements of 40 CFR 264.71, 264.72, and 264.76.
[Note: This condition applies only to facilities accepting
off-site waste.]
L. Recordkeeping and Reporting.
1. Operating Record. The Permittee shall maintain a
written operating record at the facility in accordance
with 40 CFR 264.73(a), (b)(l), (2), (3), (4), (5), (6),
(7 [off-site only]), and (8).
2. Biennial Report. The Permittee shall comply with the
biennial report requirements of 40 CFR 264.75.
M. Closure.
1. Performance Standard. The Permittee shall close the
facility as required by 40 CFR 264.111 and in accordance
with the closure plan, Attachment .
[Note: The Closure Plan must meet the requirements of
40 CFR 264.112(a). The specific closure requirements of
§§264.178, 264.197, 264.258 and 264.351 must be covered by
the attached plan when applicable.]
2. Amendment to Closure Plan. The Permittee shall
amend the closure plan in accordance with 40 CFR 264.112(b)
whenever necessary.
[Note: Amendments to the closure plan are subject to the
permit modification requirements of 40 CFR Part 122.]
3. Notification of Closure. The Permittee shall notify
the Regional Administrator at least 180 days prior to
the date he expects to begin closure.
4. Time Allowed For Closure. After receiving the final
volume of hazardous waste, the Permittee shall treat
or remove from site all hazardous waste in accordance
with the schedule specified in the closure plan,
Attachment . After receiving the final volume of
hazardous waste, the Permittee shall complete closure
activities in accordance with the schedule specified
in the closure plan, Attachment .
5. Disposal or Decontamination of Equipment. The Permit-
tee shall decontaminate [and/or] dispose of all facility
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equipment as required by 40 CFR 264.114 and the closure
plan, Attachment .
6. Certification of Closure. The permittee shall certify
that the facility has been closed in accordance with the
specifications in the closure plan as required by
40 CFR 264.115.
N. Cost Estimate for Facility Closure.
1. The Permittee must adjust the closure cost estimate for
inflation within 30 days after each anniversary of the
date on which the first closure cost estimate was
prepared, as required by 40 CFR 264.142(b).
[Note: The annual inflation adjustment of the closure cost
estimate is not subject to the permit modification
requirements of 40 CFR Part 122.]
2. The Permittee must revise the closure cost estimate
whenever there is a change in the facility's closure
plan as required by 40 CFR 264.142(c).
[Note: The above revision is subject to the permit
modification requirements of 40 CFR Part 122.]
3. The Permittee must keep at the facility the latest
closure cost estimate as required by 40 CFR 264.142(d).
0. Financial Assurance for Facility Closure. The Permittee
shall demonstrate continuous compliance with 40 CFR 264.143
by providing documentation of financial assurance, as
required by 40 CFR 264.151, in at least the amount of the
cost estimates required by permit condition II.N. Changes in
financial assurance mechanisms must be approved by the
Regional Administrator.
[Note: For new facilities, the permittee shall demonstrate
compliance with this permit condition by submitting the
required documentation to the Regional Administrator at
least 60 days before first receiving hazardous waste for
treatment, storage or disposal. (See for example 40 CFR
264.143(a)(1)). The Permittee's financial assurance must
be effective prior to the permittee's first receipt of
hazardous waste. For existing facilities, the Permittee
shall demonstrate compliance with this permit condition
by submitting documentation of its compliance with the 40
CFR Part 265 financial assurance regulations to the Regional
Administrator before issuance of the permit.]
II.6
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P. Liability Requirements. The Permittee shall demonstrate contin-
uous compliance with the requirements of 40 CFR 264.147 and
the documentation requirements of 40 CFR 264.151, including
the requirements to have and maintain liability coverage for
sudden and accidental occurrences in the amount of at least $1
million per occurrence with an annual aggregate of at least $2
million, exclusive of legal defense costs.
[Note: The Regional Administrator may grant a variance from
the above levels of financial responsibility in accordance
with §264.147(c) and (d). For new facilities, the Permittee
shall demonstrate its compliance with this permit condition
by submitting the required documentation to the Regional
Admnistrator at least 60 days before first receiving
hazardous waste for treatment, or storage. The Permittee's
liability coverage must be effective before the Permittee's
first receipt of hazardous waste. For existing facilities,
the Permittee shall demonstrate its liability coverage
for sudden accidental occurrences in compliance with this
permit condition by submitting the required documentation
to the Regional Administrator before issuance of the
permit.]
Q. Incapacity of Owners or Operators, Guarantors, or Financial
Institutions.
The permittee shall comply with 40 CFR 264.148 whenever
necessary.
II.7
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MODULE III - STORAGE IN CONTAINERS
[Note: Inspection requirements (§264.174), waste analysis
requirements (§264.177, if necessary), and closure require-
ments (§264.178) must be covered in conditions II. E, II. C,
and II. M respectively.]
A. Waste Identification. The Permittee may store the follow-
ing wastes in containers at the facility, subject to the
terms of this permit:
[Note: The permit writer should identify which wastes or
classes of wastes the Permittee is allowed to handle in
containers. The permit should also specify location,
maximum capacity and size, and types of containers based
on the regulatory requirements of 40 CFR Part 264. For
example, the maximum number of containers may be determined
from the Permittee's closure cost estimate which is based
on maximum inventory. The location of containers may be
based on keeping incompatible wastes separate. Type of
container may be based on the requirement that the wastes
and the container be compatible. Parts of the permit
application that address these requirements should be
attached.].
B. Condition of Containers. If a container holding hazardous
waste is not in good condition (e.g., severe rusting,
apparent structural defects) or if it begins to leak, the
Permittee shall transfer the hazardous waste from such
container to a container that is in good condition or
otherwise manage the waste in compliance with the the
conditions of this permit.
C. Compatibility of Waste with Containers. The Permittee
shall assure that the ability of the container to contain
the waste is not impaired as required by 40 CFR 264.172.
[Note: Specific procedures or equipment required to assure
compliance with this standard should be included in the
permit (e.g., liner specifications, testing procedures,
etc.).]
D. Management of Containers. The Permittee shall manage
containers as required by 40 CFR 264.173.
E. Containment. The Permittee shall construct [for new or
modified facilities only] and maintain the containment
system in accordance with the requirements of 40 CFR 264.175
as specified in the attached plans and specifications,
Attachment
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[Note: The design plans and operating specifications
attached to the permit must demonstrate how the
Permittee will meet all the requirements of 40 CFR
264.175. The administrative record should so indicate.
It should be noted that §264.175(b) addresses areas
that store liquid wastes in containers. Section
264.175(c) addresses areas that store only solid
wastes in containers.]
F. Special Requirements for Ignitable or Reactive Waste.
The Permittee shall not locate containers holding igni-
table or reactive waste within 15 meters (50 feet) of
the facility's property line.
[Note: This condition is necessary only if the facility
handles ignitable or reactive wastes.]
G. Special Requirements for Incompatible Waste.
1. Prior to placing incompatible wastes or incompatible
wastes and materials in the same container, the
Permittee shall comply with 40 CFR 264.17(b) specified
in Attachment .
[Note: The attachment should specify how the Permittee
will handle incompatible wastes so as to comply with
40 CFR 264.17(b). If the application does not address
this, the permit writer should write specific conditions
to implement this requirement or should condition the
permit so as not to allow this practice.]
2. The Permittee shall not place hazardous waste in
an unwashed container that previously held an
incompatible waste or material.
3. The Permittee shall separate containers of incompatible
wastes as indicated in the attached plans, Attachment
, as required by 40 CFR 264.177(c)
[Note: The attachment should specify how the Permittee
shall comply with §264.177(c) to prevent fires, explosions,
etc. ]
4. The Permittee must document compliance with III. G.
(1) and (2) as required by 40 CFR 264.17(c) and place
this documentation in the operating record (condition
II. L.I).
[Note: Condition III. G only applies if the facility handles
incompatible wastes.]
III.2
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MODULE IV - STORAGE IN TANKS
[Note: Inspection requirements (§264.194), closure
requirements (§264.197), and waste analysis requirements
(§§264.198(a) and 264.199, if necessary) must be covered
in Conditions II. E, II. M, and II, C respectively.]
A. Waste Identification. The Permittee may store the
following hazardous wastes in tanks, subject to the terms
of this permit:
[Note: The permit writer should identify which wastes or
classes of wastes the Permittee is allowed to store in
tanks. The permit should also specify tank location,
wastes allowed in the tank, and construction requirements
based on the regulatory requirements of 40 CFR Part 264.
For example, the type of waste to be placed in a tank may
be based on the compatibility of the tank and the waste.
Location may be based on floodplain location, NFPA standards,
etc. Construction requirements may be based on the
physical properties of the wastes. Parts of the application
that address these requirements should be attached. Much of
this may be covered by condition IV. B below which requires
the tanks to be contructed according to plans.]
B. Design of Tanks. The Permittee shall construct [for new
and modified facilities] and maintain all tanks as re-
quired by 40 CFR 264.191, as specified in the attached
plans and specifications Attachment . The Permittee
shall maintain the minimum shell thickness specified below
at all times to ensure sufficient shell strength.
[Note: The minimum shell thickness must be specified in
the permit. The attached plans and specifications must
demonstrate compliance with §264.191.]
C. General Operating Requirements.
1. The Permittee shall protect tanks from accelerated
corrosion, erosion or abrasion as required by
40 CFR 264.192(a), as specified in Attachment .
[Note: This condition only applies if wastes or other
materials incompatible with the tank are introduced. The
Attachment must demonstrate how the facility will comply
with §264.192(a).]
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(2) The Permittee shall prevent overfilling of tanks, as re-
quired by 40 CFR 264.192(b), by the methods specified
in Attachment .
[Note: The attachment must demonstrate how the facility
will comply with §264.192(b).]
D. Special Requirements for Ignitable or Reactive Wastes.
1. The Permittee shall not place ignitable or reactive
waste in a tank unless the procedures described in
Attachment are followed, as required by
40 CFR 264.198(a).
[Note: The attachment must demonstrate how the facility
will handle ignitable and reactive wastes as required by
40 CFR 264.198(a).]
2. The Permittee shall document compliance with IV. D.I
as required by 40 CFR 264.17(c) and place this
documentation in the operating record,(condition II. L.I).
3. The Permittee shall maintain buffer zones around covered
tanks as specified in Attachment , as required
by 40 CFR 264. 198(b).
[Note: This condition applies only to facilities that
store ignitable or reactive hazardous wastes in covered
tanks. The attachment must demonstrate compliance with
§264.198(b).]
E. Special Requirements for Incompatible Wastes.
1. The Permittee shall not place incompatible wastes
in the same tank or place hazardous waste in a tank
that previously held an incompatible waste or material
unless the procedures specified in Attachment '
are followed, as required by 40 CFR 264.17(b).
[Note: The attachment must specify how the Permittee will
handle incompatible wastes so as to comply with 40 CFR
264.17(b). If the application does not address this, the
permit writer should write specific conditions to implement
this provision or should condition the permit so as not to
allow this practice.]
IV. 2
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2. The Permittee shall document compliance with IV. E.I
as required by 40 CFR 264.17(c) and place this documenta-
tion in the operating record (Condition II. L.I).
[Note: Condition IV. D and E only apply to facilities that
store igitable and reactive and/or incompatible wastes in
tanks.]
IV.3
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MODULE V - STORAGE IN WASTE PILES
[Note: Inspection requirements (§264.254), waste analysis
requirements (§§264.256 and 264.257, if necessary) and
closure requirements (§264.258) must be covered by conditions
II. E, II. C and II. M respectively.]
A. Waste Identification. The Permittee may store the following
hazardous wastes in waste piles subject to the terms of this
permit:
[Note: The permit writer should identify which wastes or
classes of wastes the Permittee is allowed to store in
waste piles. The permit writer should also specify pile
location, wastes allowed in the piles, and size of piles
based on the regulatory requirements of 40 CFR Part 264.
For example, location of the pile may be based on the
storage of other wastes in the area or the location of
of a floodplain. The type of waste to be placed in a
pile may be based on the compatibility of wastes already
in the pile. These requirements may already be covered
in the conditions that follow.]
B. General Design Requirements. The Permittee shall construct
and maintain the waste piles in accordance with the attached
plans and specifications, Attachment .
[Note: For piles that will accept only non-free liquid wastes,
the attachment must demonstrate compliance with the requirements
of §264.250(b). For waste piles that accept free liquid
wastes, the attachment must demonstrate compliance with the
design requirements of §§264.251 and 264.253.]
C. General Operating Requirements'
1. The Permittee shall control wind dispersal of hazardous
waste from the piles through the procedures described in
Attachment .
[Note: The attachment must specify the control practices
necessary to meet the requirement of §264.250(b)(4) for
non-free liquid wastes, or §264.252(a) for free liquid
waste piles.]
2. The Permittee shall divert run-on away from the waste pile
as described in Attachment .
i
3. The Permittee shall collect and control leachate and run-off
from the waste pile as described in Attachment .
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[Note: This condition is unnecessary for non-free liquid
waste piles since leachate is not to be generated. (See
§264,250(b)(5)) . For other piles, the attachment must
demonstrate how the facility will comply with §264 .252(c) . ]
D. Containment System Repairs; Contingency Plans.
1. The Permittee shall activate the containment system
evaluation and repair plan (Contingency Plan,
Attachment _), whenever there is any indication of
a possible failure of the containment system, as
specified in 40 CFR 264.255(a).
2. The Permittee shall comply with 40 CFR 264.255(b)
and (c) regarding removing a waste pile from service,
with 40 CFR 264.255(e) regarding restoring a waste
pile to service and with 40 CFR 264.255(f) regarding
closing a waste pile.
E. Special Requirements for Ignitable or Reactive Wastes.
1. Prior to placing ignitable or reactive wastes in a
pile, the Permittee shall follow the procedures
specified in Attachment .
[Note: The attachment must specify how the Permittee will
comply with §264.256(a). Otherwise, the permit must be
conditioned so as to not allow this practice.]
2. The Permittee must document compliance with condition
V. E.I as required by 40 CFR 264.17(c) and place this
documentation in the operating record (Condition II. L.I)
F. Special Requirements for Incompatible Wastes.
1. Prior to-placing incompatible wastes in the same pile,
the Permittee shall follow the procedures specified in
Attachment .
[Note: The attachment must specify how the Permittee will
handle incompatible wastes so as to comply with 40 CFR
264.17(b). Otherwise, the permit must be conditioned so
as not to allow this practice.]
2. The Permittee shall separate piles of hazardous waste
that are incompatible with any waste or other material
stored nearby in other containers, piles, open tanks,
or surface impoundments as specified in Attachment .
V.2
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[Note: The attachment must demonstrate compliance with
§264.257(b).]
3. The Permittee shall not pile or place hazardous waste
on the same base where incompatible wastes or materials
were previously piled or stored unless the procedures in
Attachment are followed.
[Note: The attachment must demonstrate how the facility
will comply with §264.256(c).]
4. The Permittee must document compliance with conditions
V. F.I and 3 as required by 40 CFR 264.17(c) and place
this documentation in the operating record (condtion II. L.I)
V.3
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SIGNATURE PAGE
Signature:
Regional Administrator
Date:
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MODULE VI - INCINERATION
[Note: This Module is applicable to all facilities that incinerate
hazardous wastes. Module VII addresses short term (trial burn)
incinerator permits allowed under 40 CFR 122.27(b). If the
facility meets the automatic exemption criteria set forth in 40
CFR 264.340(b) or if the Regional Administrator grants the
optional exemption allowed under 40 CFR 264.340(c), this Module
will only contain condition A (Construction). The Waste Analysis
Plan (condition II.C), and the Closure Plan (condition II.M)
must cover the requirements of 40 CFR 264.341, and .351 in
accordance with 40 CFR 264.340(b). The exemption must be docu-
mented in the administrative record.
For permits that do not include the above exemption, condi-
tions II.C (Waste Analysis), II.E (Inspections) and II.M (Closure)
must cover the requirements of 40 CFR 264.341, .347(b), and .351
respectively.]
A. Construction. [For new facilites] The Permittee shall con-
struct and maintain the incinerator in accordance with the
attached plans and specifications, Attachment , or equiva-
lent. The Permittee shall not feed hazardous wastes to the
incinerator until condition I.D.ll has been complied with.
[For existing facilities] The Permittee shall maintain the
facility in accordance with the attached design plans and
specifications, Attachment , or equivalent.
[Note: 40 CFR 264.343 requires the incinerator to be designed,
constructed and maintained so as to meet the performance stan-
dards when operated in accordance with the operating conditions.
40 CFR 264.345(b)(5) requires that the permit specify allowable
variations in design. The permit writer must assure that the
attached plans and specifications meet this requirement.]
B. Performance Standard. The Permittee shall construct and
maintain the incinerator so that, when operated in accordance
with the operating requirements specified in this permit it
will meet the following performance standards.
1. The incinerator must achieve a destruction removal effi-
ciency (ORE) of 99.99% for each principal organic hazardous
constituent (POHC) designated in this permit for each waste
feed. DRE shall be determined using the method specified
in 40 CFR 264.343(c).
[Note: If the waste stream does not contain a POHC, then
this permit condition should be omitted. Waste streams which
do not contain POHC's (e.g., those wastes which are hazardous
only because they exhibit the characteristic of ignitability)
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may be eligible for the exemptions allowed in 40 CFR 264.340.]
2. The Permittee must control hydrogen chloride (HC1) emissions,
such that the rate of emissions is no greater than the larger
of either 1.8 kg/hr or 1% of the HC1 in the stack gas prior
to entering any pollution control equipment.
3. The incinerator must not emit particulate matter in excess
of 180 milligrams per dry standard cubic meter when corrected
for the amount of oxygen in the stack gas in accordance with
the formula specified in 40 CFR 264.343(c).
[Note: The permit must specify the appropriate correction
procedure for those facilities that operate under conditions
of oxygen enrichment.]
4. Compliance with the operating conditions specified in this
permit will be regarded as compliance with the above per-
formance standards. However, evidence that compliance with
such permit conditions is insufficient to ensure compliance
with the above performance standards may be "information"
justifying modification, revocation or reissuance of the
permit pursuant to 40 CFR 122.15.
[Note: The following conditions (Conditions VI.C and D) must be
based on the trial burn showing (for those facilities that perform
a trial burn) or on other data (if a trial burn is not performed)
showing that the performance standards found in condition VLB
will be met. The conditions that are subject to change on the
basis of the trial burn must be specifically noted. See preamble
discussion, 47 FR 27524, June 24, 1982, for more information.]
C. Limitation on Wastes; The Permittee shall incinerate the
following hazardous wastes only as allowed by the terms of
this permit:
[Note: There are two options for identifying the allowable waste
feed to the incinerator. First, it may not be possible to name
all the wastes that a commercial off-site facility might be permit-
ted to burn. In this case it is better to identify a set of cri-
teria that establishes the limits of waste input to the incinerator,
Second, most appropriate for on-site incinerators tied to a process
line, is to specifically identify the wastes or classes of wastes
the Permittee shall be permitted to burn. Thus, a manufacturer of
freon might be permitted to burn the chloro-floro-carbon POHC and
the other wastes associated with the production process. Presented
below is recommended language addressing these two opti'ons.]
Option 1, Off-Site Facility:
0 The Permittee shall not incinerate any hazardous waste having
a heat of combustion less than Kcal/gm. [Note: The specified
heat of combustion should be that of the facility's POHC.]
0 No waste or combination of waste, as fed to the incinerator,
VI-2
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shall have a heating value of less than . [Note: Specify
the units for the heating value of the wastes. This condition
specifies the feed rate of the waste. (See 40 CFR 264.345(b)(2).]
0 The ash content of the waste shall be no greater than %.
0 The physical form of the waste shall be . [Note:
Specify the physical form of the waste feed. For example,
a pumpable liquid with a viscocity of .]
Option 2, On-Site Facility:
HAZ. WASTE NO. DESCRIPTION FEED RATE
D003, D004, D008 Freezon® 123b Reactor (Specify rate
bottoms ("Tars") of input in
appropriate
D001 Freezon® 122b rich liquid units.)
I
[Note: The permit writer may impose other limitations as necessary
on the waste feed to ensure compliance with the performance
standards of §264.343. All such limitations, however, should be
derived from the results of the trial burn waste or from the infor-
mation submitted in lieu of a trial burn.]
D. Operating Conditions. The Permittee shall feed the wastes
described in condition VI.C to the incinerator only under the
following conditions:
[Note: It must be understood, by permit writers and applicants
alike, that violation of the permit operating conditions gives rise
to an enforcement action. If the Permittee complies with the
permit operating conditions but it is later shown that the perform-
ance standards are not being achieved, the permit may be modified
or revoked and reissued but enforcement actions are not available.
Thus, each set of operating conditions should directly relate to
achieving the performance standards in §264.343.]
1. Combustion temperature, measured as specified Condition
VI.D.13, shall be maintained at or greater.
2. Combustion gas velocity, measured as specified Condition
VI.D.13, shall be no less than ACMS and no greater
than ACMS.
3. Stack gas concentration of carbon monoxide, measured
as specified in Condition VI.D.13, shall not exceed
ppm.
[Note: Conditions VI.D.1-3 are directly related to ensuring com-
pliance witht the ORE standard in 264.343 and are explicitly re-
quired by §§264.345(b)(3), (4), and (1) respectively.
(§264.345(b)(2) is addressed in Condition VI.C). Violation
VI-3
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of these conditions is likely to result in failure to achieve
99.99% ORE. Additional conditions may be specified as necessary.
40 CFR 264.345(b)(6) requires the permit writer to esta-
blish such operating requirements as are necessary to ensure
compliance with the performance standards. Conditions
VI.D.4-9 are example permit conditions that serve this purpose.
These conditions must be drawn directly from the trial burn
data or data submitted in lieu of a trial burn. Different or
additional permit conditions, when appropriate, may be specified.
The Guidance Manual for Hazardous Waste Incinerator Permits
lists several other parameters which may be appropriate permit
operating conditions.]
4. Caustic flow, measured as specified in Condition VI.D.13,
must be maintained at no less than gpm.
5. The scrubber effluent pH, measured as specified in Condition
VI.D.13, must be maintained at pH .
6. The pressure drop across the packed bed scrubber, measured
as specified in Condition VI.D.13, must be maintained at no
less than .
[Note: The above three example permit conditions relate directly
to ensuring compliance with the HC1 removal standard in §264.343.
Violation of these conditions is likely to result in failure to
achieve 99% removal of HC1.]
7. Pressure drop across the scrubber, measured as specified
in Condition VI.D.13, shall be maintained no less than .
i
8. Voltage/current to the electrostatic precipitator, measured
as specified in Condition VI.D.13, shall be maintained
at .
9. Pressure drop across the bag house, measured as speci-
fied in Condition VI.D.13, shall be maintained no less
than .
[Note: The above three example permit conditions relate directly
to ensuring compliance with the particulate emission standard in
§264.343. Obviously, a facility may not have all of the devices
mentioned in Conditions VI.D.7-8. The permit writer must select
the applicable conditions. Violation of these conditions is
likely to result in failure to meet the 180mg/dscm particulate
emission standard of §264.343.]
10. During start-up and shut-down of the incinerator, hazardous
wastes must not be introduced into the incinerator unless
the incinerator is operating within the conditions specified
in condition VI.D.
11. The Permittee shall control fugitive emissions from the
combustion zone of the incinerator by .
VI. 4
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[Note: The method by which emissions shall be controlled (in
accordance with 40 CFR 264.345) must be specified. Any
plans or specifications which delineate how emissions will
be controlled should be referenced and attached.]
12. The Permittee shall construct, maintain and calibrate the
systems specified below to automatically cut off the
hazardous waste feed to the incinerator at the levels
specified below when the operating conditions deviate
from the limits established in condition VI.D.
System
Cut off limits
Calibration
Frequency
Test
Frequency
[Description
and purpose
of system]
[Level at which
waste feed to be
cut off]
[Frequency at
which accuracy
is checked]
[Frequency at
which operational
readiness is
checked]
[Note: Section 264.345(e) requires such systems to be constructed
to ensure that the operating conditions specified in the permit
are not exceeded. Section 122.11(a) requires the permit to es-
tablish specific requirements for such systems. If the applica-
tion specifies the above information, then the permit writer
may attach and reference the applicable sections in lieu of the
above table.]
13. The Permittee shall monitor the facility as specified below:
System
Purpose
Frequency of
Monitoring
Frequency of
Testing
Frequency of
Calibration
-
[Note: At a minimum, this condition must specify monitoring sys-
tems that meet the requirements of §264.347(a)(1) and (2).
Further, Conditions VI.D.1-9 specify levels for various operat-
ing parameters which must be monitored. Section 122.11(a)
requires the permit writer to establish specific requirements
for such systems. These systems should be addressed above. If
VI. 5
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the application specifies the above information, the permit
writer may attach and reference the applicable sections in lieu
of the above table.]
14. Upon request of the Regional Administrator, the Permittee
shall perform the tests required by 40 CFR 264.347(a)(3).
15. The Permittee shall record and maintain the monitoring and
inspection data as required by 40 CFR 264.347(d).
16. The Permittee must cease waste feed when changes in waste
feed or operating conditions exceed limits designated in
this permit.
VI. 6
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Module VII - Short Term Incinerator Permit
[Note: This Module is applicable to facilities that perform a
presents conditions that, during the periods specified, supercede
certain conditions found in Module VI. 40 CFR 122.27(b) and
264.344(c) require that a permit establish conditions necessary
to meet the requirements of 264.345 during the Shakedown, Trial
Burn, and Post Trial Burn periods.]
A. Shakedown Period. During the shakedown period (the period
beginning with the initial introduction of hazardous wastes
into the incinerator and ending with the start of the trial
burn) the Permittee shall comply with the following conditions;
1. Duration of Shakedown Period. The shakedown period shall
not exceed hours of operation when burning hazard-
ous wastes. The Permittee may petition the Regional Admi-
nistrator for one extension of the shakedown period for up
to 720 additional hours. The Regional Administrator may
grant the extension when good cause is demonstrated in the
petition in accordance with 40 CFR 264 .344(c) (1) .
[Note: The duration of the first shakedown period cannot
exceed 720 hours.]
2. Waste Feed Identification. During the shakedown period
the Permittee may feed the following wastes at the facility,
subject to the requirements of conditions VII.A.3.
[Note: The permit writer must identify which waste feeds the
Permittee is allowed to incinerate during the shakedown period.
Any limitations on waste feeds must also be delineated. In
some cases, an incinerator may accept only wastes that are
always chemically and physically uniform. Identification may
then simply be the process name of the waste or some other
equivalent identifier. Other facilities may accept waste
feeds whose chemical and physical properties vary. Limitations
and variations for these waste feeds must be specified. All
limitations on the waste feed must be based on the permit
writer's best judgement and should ensure that the facility
will meet the performance standards set forth in condition
VI.B. The permit writer may wish to limit the waste feed to
easily incinerable materials during this period. The options
presented in Condition VI.C should be considered by the permit
writer.]
3. Operating Conditions. The Permittee shall feed the wastes
described in condition V.A.2 to the incinerator only under
the following conditions:
[Note: For each of the waste feeds specified in condition
VII.A.2, the permit writer must establish operating condi-
tions that, in the writer's best judgement, ensure compliance
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with the performance standards of §264.343.]
a. Combustion temperature, measured as specified Condition
VII.A.3.m, shall be maintained at or greater.
b. Combustion gas velocity, measured as specified Condition
VII.A.3.m, shall be no less than ACMS and no greater
than ACMS.
c. Stack gas concentration of carbon monoxide, measured
as specified in Condition VII.A.3.m, shall not exceed
ppm.
[Note: The above three conditions relate directly to ensuring
compliance with the ORE standard in 264.343 and are explicitly
required by §§264.345(b)(3)^ (4), and (1) respectively.
(§264.345(b)(2) is addressed in Condition VII.A.2). Violation
of these conditions is likely to result in failure to achieve
99.99% DRE. These conditions must be based on the permit
writer's best engineering judgement given the design of the
facility, or from data submitted in lieu of a trial burn.
Different or additional conditions, when appropriate as
indicators of DRE, may be specified.
40 CFR 264.345(b)(6) requires the permit writer to esta-
blish such operating requirements as are necessary to ensure
compliance with the performance standards. Conditions
VIl.A.3.d-i are example permit conditions that serve this pur-
pose. As above these ,conditions must be based on the permit
writer's best engineering judgement given the design of the
facility, or from data submitted in lieu of a trial burn.
Different or additional permit conditions, when appropriate,
may be specified. The Guidance Manual for Hazardous Waste
Incinerator Permits lists several other parameters which
may be appropriate permit operating conditions.]
d. Caustic flow, measured as specified in Condition VII.A.3.m,
must be maintained at no less than gpm.
e. The scrubber effluent pH, measured as specified in Condition
VII.A.3.m, must be maintained at pH .
f. The pressure drop across the packed bed scrubber, measured
as specified in Condition VII.A.3.m, must be maintained at
no less than .
[Note: The above three example permit conditions relate direct-
ly to ensuring compliance with the HCl removal standard in
§264.343. Violation of these conditions is likely to result
in failure to achieve 99% removal of HCl.]
g. Pressure drop across the scrubber, measured as specified
in Condition VII.A.3.m, shall be maintained no less than
VII-2
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h. Voltage/current to the electrostatic precipitator, measured
as specified in Condition VII.A.3.m, shall be maintained
at .
i. Pressure drop across the bag house, measured as speci-
fied in Condition VII.A.3.m, shall be maintained no less
than .
[Note: The above three example permit conditions relate direc-
tly to ensuring compliance with the particulate emission
standard in §264.343. Obviously, a facility may not have
all of the devices mentioned in Conditions VII.A.3.g-i. The
permit writer must select the applicable conditions. Violation
of these conditions is likely to result in failure to meet
the 180mg/dscm particulate emission standard of §264.343.]
j. During start-up and shut-down of the incinerator, hazardous
wastes must not be introduced into the incinerator unless
the incinerator is operating within the conditions speci-
fied in condition VII.A.3.
k. The Permittee shall control fugitive emissions from the
combustion zone of the incinerator by .
[Note: method by which emissions shall be controlled (in
accordance with 40 CFR 264.345) must be specified. Any
plans or specifications which delineate how emissions will
be controlled should be referenced and attached.]
1. The Pemittee shall construct, maintain and calibrate the
systems specified below to automatically cut off the
hazardous waste feed to the incinerator at the levels
specified below when the operating conditions deviate from
the limits established in condition VII.A.3.
System
Cutoff
limits
Calibration
frequency
Test
frequency
[Description
and purpose
of system]
[Level at which
waste feed to
be cutoff.
[Frequency at which
accuracy is
checked]
[Frequency at
' which operational
readiness is
checked]
[Note: Section 264.345(e) requires such systems be constructed to
ensure that the operating conditions specified in the permit are
not exceeded. Section 122.11(a) requires the permit to establish
specific requirements for such conditions. If the application
specifies the above information, then the permit writer may
VII-3
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attach and reference the applicable sections in lieu of the
above table.]
m. The Permittee shall monitor the facility as specified
below:
System
Purpose
Frequency of
Monitoring
Frequency of
Testing
Frequency of
Calibration
[Note: At a minimum, this condition must specify monitoring sys-
tems that meet the requirements of §264.347(a)(1) and (2).
Further, Conditions VII.A.3.a-i specify levels for various
operating parameters which must be monitored. Section 122.11(a)
requires the permit writer to establish specific requirements
for such systems. These systems should be addressed above. If
the application specifies the above information, the permit
writer may attach and reference the applicable section in lieu
of the above table.]
n. Upon request of the Regional Administrator, the Permittee
shall perform the tests required by 40 CFR 264.347(a)(3).
o. The Permittee shall record and maintain monitoring and
inspection data as required by 40 CFR 264.347(d).
p. The Permittee must cease operation when changes in waste
feed or operating conditions exceed limits designated in
this permit.
VII-4
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B. Trial Burn
1. Trial Burn Plan. The Permittee shall operate and monitor
the incinerator during the trial burn period as specified
in the Trial Burn Plan, Attachment .
[Note: The trial burn plan must meet the requirements of 40 CFR
122.27(b)(2)(ii). The operating and monitoring requirements
specified in the plan must be adequate to meet the requirements
of 40 CFR 122.27(b)(2)(v). If necessary, additional conditions
should be established.]
2. Trial POHC. The trial POHC's for which DRE's must be
determined are:
Waste Feed POHC(s)
[Note: If the applicant wishes to establish different oper-
ating conditions for different waste feeds, then POHC's may
be selected for each feed or feed group suggested by the
applicant. For example, a facility may wish to designate
two (2) waste feeds. Number one waste feed is a combination
of several waste streams that is relatively "easy" to burn
based on its POHC. Number two feed consists of several
waste streams that is "difficult" to burn based upon its
POHC. The operating conditions for these two feeds may be
different.]
3. Trial Burn Determinations. During the trial burn (or as
soon after the burn as practicable) the Permittee must
make the determinations required by 40 CFR 122.27(b)(2)
(vi)(A)-(I).
[Note: Any other determinations needed to ensure that the
trial burn will determine compliance with performance stan-
dards should be described as allowed by 40 CFR 122.27(b)(2)
(vi)(J).]
4. Trial Burn Submissions. The Permittee shall submit a
copy of all data collected during the trial burn to the
Regional Administrator upon completion of the burn. The
Permittee shall submit to the Regional Administrator the
results of the determinations.required by condition
VI.D.3 within ninety (90) days of the completion of the
trial burn. All submissions must be certified in accor-
dance with 40 CFR 122.6
VII-5
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Post Trial Burn. During the post trial burn period (the
period starting immediately following the completion of the
trial burn and ending with the Regional Administrator's speci-
fication of the permit operating conditions), the Permittee
shall comply with the following conditions:
1. Waste Feed Identification. During the post trial burn
period the Permittee may feed the following wastes at the
facility, subject to the requirements of condition VII.C.2.
[Note: The permit writer must identify which waste feeds the
Permittee is allowed to incinerate during the post trial burn
period. Any limitations on waste feeds must also be delineated.
In some cases, an incinerator may accept only wastes that are
always chemically and physically uniform. Identification may
then simply be the process name of the waste or some other
equivalent identifier. Other facilities may accept waste
feeds whose chemical and physical properties vary. Limitations
and variations for these waste feeds must be specified. All
limitations on the waste feed must be based on the permit
writer's best judgement and should ensure that the facility
will meet the performance standards set forth in condition
VLB. The permit writer may wish to limit the waste feed to
easily incinerable materials during this period. The options
presented in Condition VI.C should be considered by the permit
writer.]
2. Operating Conditions. The Permittee shall feed the wastes
described in condition V.C.I to the incinerator only under
the following conditions:
[Note: For each of the waste feeds specified in condition
VII.C.I, the permit writer must establish operating condi-
tions that, in the writer's best judgement, ensure compliance
with the performance standards of §264.343.]
a. Combustion temperature, measured as specified Condition
VII.C.2.m, shall be maintained at or greater.
b. Combustion gas velocity, measured as specified Condition
VII.C.2.m, shall be no less than ACMS and no greater
than ACMS.
c. Stack gas concentration of carbon monoxide, measured
as specified in Condition VII.C.2.m, shall not exceed
ppm.
[Note: The above three conditions relate directly to ensuring
compliance with the ORE standard in 264.343 and are explicitly
required by §§264 .345(b)(3)> (4), and (1) respectively.
(§264.345(b)(2) is addressed in Condition VII.C.I). Violation
of these conditions is likely to result in failure to achieve
99.99% ORE. These conditions must be based on the permit
VII-6
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writer's best engineering judgement given the design of the
facility, or from data submitted in lieu of a trial burn.
Different or additional conditions, when appropriate as
indicators of ORE, may be specified.
40 CFR 264.345(b)(6) requires the permit writer to esta-
blish such operating requirements as are necessary to ensure
compliance with the performance standards. Conditions
VII.C.3.d-i are example permit conditions that serve this pur-
pose. As above these conditions must be based on the permit
writer's best engineering judgement given the design of the
facility, or from data submitted in lieu of a trial burn.
Different or additional permit conditions, when appropriate,
may be specified. The Guidance Manual for Hazardous Waste
Incinerator Permits lists several other parameters which
may be appropriate permit operating conditions.]
d. Caustic flow, measured as specified in Condition VII.C.2.m,
must be maintained at no less than gpm.
e. The scrubber effluent pH, measured as specified in Condition
VII.C.2.m, must be maintained at pH .
f. The pressure drop across the packed bed scrubber, measured
as specified in Condition VII.C.2.m, must be maintained at
no less than .
[Note: The above three example permit conditions relate direct-
ly to ensuring compliance with the HC1 removal standard in
§264.343. Violation of these conditions is likely to result
in failure to achieve 99% removal of HC1.]
g. Pressure drop across the scrubber, measured as specified
in Condition VII.C.2.m, shall be maintained no less than
h. Voltage/current to the electrostatic precipitator, measured
as specified in Condition VII.C.2.m, shall be maintained
at .
i. Pressure drop across the bag house, measured as speci-
fied in Condition VII.C.2.m, shall be maintained no less
than .
[Note: The above three example permit conditions relate direc-
tly to ensuring compliance with the particulate emission
standard in §264.343. Obviously, a facility may not have
all of the devices mentioned in Conditions VII.C.2.g-i. The
permit writer must select the applicable conditions. Violation
of these conditions is likely to result in failure to meet
the 180mg/dscm particulate emission standard of §264.343.]
j. During start-up and shut-down of the incinerator, hazardous
wastes must not be introduced into the incinerator unless
VII-7
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k.
the incinerator is operating within the conditions speci-
fied in condition VII.C.2.
The Permittee shall control fugitive emissions from the
combustion zone of the incinerator by .
[Note: method by which emissions shall be controlled (in
accordance with 40 CFR 264.345) must be specified. Any
plans or specifications which delineate how emissions will
be controlled should be referenced and attached.]
1. The Pemittee shall construct, maintain and calibrate the
systems specified below to automatically cut off the
hazardous waste feed to the incinerator at the levels
specified below when the operating conditions deviate from
the limits established in condition VII.C.2.
System
Cutoff
limits
Calibration
frequency
Test
frequency
[Description
and purpose
of system]
[Level at which
waste feed to
be cutoff.
[Frequency at which
accuracy is
checked]
[Frequency at
which operational
readiness is
checked]
[Note: Section 264.345(e) requires such systems be constructed to
ensure that the operating conditions specified in the permit are
not exceeded. Section 122.11(a) requires the permit to establish
specific requirements for such conditions. If the' application
specifies the above information, then the permit writer may
attach and reference the applicable sections in lieu of the
above table.]
m. The Permittee shall monitor the facility as specified
below:
System
Purpose
Frequency of
Monitoring
Frequency of
Testing
Frequency of
Calibration
VII-8
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U.S. Environmental Protection Agency
Region V, Library
230 South Dearborn Street
p»»~7o. Illinois 60604
-------
[Note: At a minimum, this condition must specify monitoring sys-
tems that meet the requirements of §264.347(a)(1) and (2).
Further, Conditions VII.C.2.a-i specify levels for various
operating parameters which must be monitored. Section 122.11(a)
requires the permit writer to establish specific requirements
for such systems. These systems should be addressed above. If
the application specifies the above information, the permit
writer may attach and reference the applicable section in lieu
of the above table.]
n. Upon request of the Regional Administrator, the Permittee
shall perform the tests required by 40 CFR 264.347(a)(3).
o. The Permittee shall record and maintain monitoring and
inspection data as required by 40 CFR 264.347(d).
p. The Permittee must cease operation when changes in waste
feed or operating conditions exceed limits designated in
this permit.
q. If based upon the analytical results of the trial burn,
the Permittee determines that the incinerator failed to
achieve any of the performance standards specified in
condition VI.B, the Permittee shall notify the Regional
Administrator within twenty-four (24) hours of the
determination. '
VII-9
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