oEPA
               United States
               Environmental Protection
               Agency
            Office of
            Solid Waste and
            Emergency Response
DIRECTIVE NUMBER:
               # 9488.00-1A
                TLE: Dioxin Trial Burns for Purposes of Certification
                    or a FCFA Permit

               APPROVAL DATE: 5/21/86

               EFFECTIVE DATE: 5/21/86

               ORIGINATING OFFICE: osw

               Q FINAL
               D DRAFT

                 STATUS:
           I  1
           (  1
           t  ]
           I  1
               REFERENCE (other document*):
A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or content
D- In development or circulating
          headquarters
  OSWER      OSWER      OSWER
VE   DIRECTIVE    DIRECTIVE   Dl

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                 Unmd SHIM
                 Environment*) Protection
                 Agency
               Office ol
               Sond Waste and
               Emergency Response
                  DIRECTIVE NUMBER:
                                    # 9488.00-1A
                  TITLE: Dioxin Trial Burns for Purposes of Certification
                       or a RCRA Permit  v

                  APPROVAL DATE:  5/21/86

                  EFFECTIVE DATE:  5/21/86

                  ORIGINATING OFFICE: osw

                  E3 FINAL
                  D DRAFT

                    STATUS:
              [  ]  A- Pending OMB approval
              [  ]  B- Pending AA-OSWER approval
              [  ]  C- For review i/or coment
              [  ]  D- In development or circulating

REFERENCE (other documents):       headquart.rs
ffi     DIRECTIVE    DIRECTIVE
 ^^—                                                   " <.£j"S'-". '

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  v> EPA
                                   .     .  .            ..„     .
                                        Wasmngton. DC 20460
                        OSWER Directive Initiation Request
                                                                                  in;-;r:rr.
                                                4*9488.00 -
                                            Originator Information
Name of Contact Person
                                  Mail Code  -
                                    WH-563
              Branch
                                                                    Te lep none"N u mber
                                                                     382-4498
Lead Office
   D OERH
   US OSW
                 D OUST
                 LJ OWPE
                 D AA-OSWER
                                                             Approved for Review
                                  Signature of Office Director
                                                Date
Title
   Dioxin Trial Burns for Purposes of Certification or a RCRA Permit
Summary of Directive
      The dioxin listing  regulations  (50  FR 1978-2006, January 14,  1985) require
 facilities to either be  certified under  interim  status or to have  a RCRA permit to
 treat dioxin waste before such material  may be treated.   The purpose of this memo-
 randum  is to confirm that certification  is not required prior to a trial burn
 involving dioxin listed  waste;-
Key Words:
   Dioxin,.Trial Burn,  Incineration
Type of Directive (Mtnuil. Policy Directive. Announcement, etc.I
                            .
 Regulatory Interpretation
                                                                   ' Status
                                                                   I
                                                                      O Drrt
                                                                      03 Final
                                                  I   a
                                                                                           Revision
3o*s this Directive Supersede Previous Oirective(s;>   [	j Yes
f "Yes" to Either Question, What Directive (number, title/
                                                   No   Does It Supplement Previous Directive)*)'   |] Yes   (_J No
Review Plan
   D AA-OSWER   C OUST
   D OERR       D OWPE
                • LJ Regions
      OSW
D OECM
13 OGC
D OPPE
                                                   D
                                                      Other /Specify)
This Request Meets OSWER Directives System Format
Signature of Lead Office Directives Officer
                                                                                I Date
Signature of OSWER Directives Officer
                                                                                I Date

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                                         OSWER Directive #9488. 00-1 A
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                      WASHINGTON, O.C. 20460


                         MAY  -
                                                       OFFICE OF
                                              SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT:  Dioxin Trial Burns  for  Purposes  of Certification or
          a RCRA Permit
FROM: JZ*-: Bruce*WedBle7 Director
          Permits and State  Program  Division

TO:       Hazardous Waste Branch Chiefs,  Regions  I-X


     The dioxin listing regulations  (50 FR  1978-2006,
January 14, 1985) require facilities to either  be  certified
under interim status or to have a RCRA permit to treat  dioxin
waste before such waste may  be treated.   The facility must
provide evidence  (e.g., trial burn data)  that the  treatment
unit is capable of meeting performance standards under
Subpart 0 of Part 264 to support the certification or the
permit.  We have received questions  regarding the  need  for
certification prior to a trial burn  involving dioxin waste*
The purpose of this memorandum is to confirm in writing that
certification is not required in order for  an applicant to
conduct a trial burn.

     We recognize that this  issue has been  confusing because
the regulations are silent on the need for  certification
prior to a trial burn involving dioxin listed waste.  The
intent of the regulations, however,  is to allow this activity
without prior certification  because  the trial burn process
itself provides adequate safeguards  to public health and the
environment.  The regulations for both new  and  interim
status incinerators require  the applicant to submit infor-
mation on the design of the  unit and the  trial  burn plan in
accordance with SS270.19 and 270.62 and the Director must be
satisfied that the unit is likely to meet the $264 Subpart 0
performance standards before the trial burn may occur.

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                             -2-
     The„preamb le to the regulations indicates a preference
for the use of actual dioxin listed waste for the trial
burn.  Specifically, the preamble states that the trial
burn may involve "...spiking the  [dioxin] waste with a
compound that is more difficult to incinerate ...it is
possible to use a trial burn to predict compliance with
the 6-9's [destruction and removal efficiency] ORE..."
(see 50 FR 1991).  The advantage of using actual dioxin
waste for the trial burn is that it provides the most
accurate test of the treatment unit performance.  This is
particularly true in those situations where the waste
material has a very complex matrix which is difficult to
duplicate.

     Although certification is not required prior to the
dioxin trial burn, there may be cases where it is advisable
to perform a pre-trial burn using a synthetic material to
demonstrate the potential performance of the treatment unit.
A case in point is when the public has a high concern regarding
a trial burn involving dioxin waste and information resulting
from a trial burn using a synthetic waste material would
ease the public's concern.  Another case is where the per-
formance of the treatment device is in doubt and supporting
evidence using a waste material for which the 6-9's ORE is
not a regulatory reguirement would provide the necessary
assurance.  In no case, however, is certification required
in order for the trial burn involving the dioxin waste to
occur.

     Questions on this policy may be addressed to Robin Anderson
of my staff at 382-4498 or Jim Cummings of the Dioxin Management
Task Force at 382-4686.


cc:  Peter Guerrero
     Art Glazer
     Jim Cummings
     Robin Anderson
     Steve Silverman
     Incinerator Permit Writer's Workgroup

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