oEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9523.01(82)
TITLE: Existing Incinerators and Data in Lieu of Trial
Burn
APPROVAL DATE: 10-22-82
EFFECTIVE DATE: 10-22-82
ORIGINATING OFFICE: office of solid waste
B FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
] A- Pending OMB approval
B- Pending AA-OSWER approval
i i C- For review &/or comment
[ ] D- In development or circulating
headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PART 270 SUBPART B - PERMIT APPLICATION DOC: 9523.01(82)
Key Words: Trial Burn, Incineration
Regulations: 40 CFR 270.19(c), 264.340
Subject: Existing Incinerators and Data in Lieu of Trial Burn
Addressee: Division Directors, Regions I-X
Originator: Bruce R. Weddle, Acting Director, State Programs
and Resource Recovery Division
Source Doc: #9523.01(82)
Date: 10-22-82
Summary:
In accordance with the provisions of §270.19(c), .existing incinerators may
submit data on wastes that have been combusted during interim status in lieu of
a trial burn plan. The Regional Administrator lacks the regulatory authority
to require the owner or operator of an existing incinerator to submit a trial
burn plan for approval before the operator gat-hers performance data. Section
270.19(c) lists the requirements for submitting data in lieu of a trial burn.
This data is used to specify the operating conditions that will ensure compliance
with the performance standards in §264.340.
Those operators of existing incinerators who voluntarily wish to submit
trial burn plans may submit such a plan for review to the Director and thereby
avoid the possibility of repeating the required tests for data in lieu of a
trial burn plan. The memo further details the information required by §270.19(c)
as well as the procedures and standards for accepting data in lieu of a trial
burn. In addition, the memo details the performance standards required by
§264.340.
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DATE:
FROM
TO
OCT 22 I9NITEO STA1"ES ENVIRONMENTAL PROTECTION AGENCY
9523.01 (82)
6CT -'Existing Incinerators and Data
in Lieu of Trial Burn
Jirector
State Programs and
Resource. Recovery Divison (WH-563)
Division Directors, Regions I-X
Having spoken with many EPA regional hazardous waste
program personnel and operators of existing incinerators, it
has become apparent that some confusion exists concerning
trial burn plans and data in lieu of trial burns. The purpose
of this memo is to make clear that existing incinerators may
submit data in accordance with the provisions of Section 122.25
(b)(5)(iii) on wastes th^.t have been combusted during interim
status. These facilities do not need to submit a trial burn
plan for approval.
Section 122.25(b)(5)(iii) sets out the requirements for
submitting data in lieu of a trial burn. A variety of
information is required including a waste analysis plan and
analytical results, incinerator engineering description, and
actual sampling and analysis results demonstrating 99.99%
destruction and removal efficiency of the principal organic
hazardous constituent(s). Also required is information on
incinerator operating parameters which will lead to operating
permit conditions under §264.345.
The clear purpose of §122.-25(b)(5)(iii) is to provide
data to specify' operating conditions that will ensure compli-
ance with the performance standards in §264.343. Note that
the standards in §264.343 are clear and explicit. The
incinerator must demonstrate 99.99% ORE as calculated by the
formula given in the regulation; an incinerator producing HC1
emissions of more than 1.8 kg/hr must control HC1 emissions
to 1% of the uncontrolled amount or 1.8 kg/hr (whichever is
more); and particulate emissions must be controlled to
180 mg/dscm corrected for the amount of oxygen in the stack
gases. These three^performance standards provide the only
authority under the existing regulations for controlling
emissions from hazardous waste incinerators.
*
The standards for accepting data in lieu of a trial burn
are found in the regulations. Section 122.25(b)(5)(iv)
provides that the Regional Administrator ("the Director")
must approve a permit application without a trial burn if he
finds that the wastes and the incinerators are sufficiently
similar and the data provided is adequate to specify operating
conditions ensuring ... "that the performance standards in
§264.343 of this Chapter will be met by the incinerator."
Clearly, an existing incinerator that obtains data on the
waste it has combusted under interim status standards satisfies
EPA Foğm U20-4 (R.v. 3-76)
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the^requirements for similarity of waste and incinerator design.
Similarly, ,to satisfy the third requirement, the applicant
need only present the operating parameters (as outlined in
§264.345) used when compliance with §264.343 was demonstrated.
These operating parameters then become permit conditions. Thus,
the Regional Administrator lacks the regulatory authority to
require the owner-or operator of an existing incinerator to
submit a trial burn plan for approval before the operator
gathers performance data.
Of course, many operators of existing facilities may wish
to submit trial burn plans voluntarily. The emissions sampling
and analysis required is quite expensive and the selection of
POHCs is critical to the acceptability of data in lieu of
trial burn plans. In order to avoid repeating the tests, an
operator may submit a proposed trial burn plan. In this case,
the Director can review and approve an acceptable plan [see
§122.27(b)(4)].
Finally, while reviewing the 24 June L982 incinerator
regulations, one should keep in mind that the certification
requirement at 122.25(b)(5)(iii)(E)(3) should have been
deleted. You received a memorandum dated 26 August 1982
that this is being corrected.
I hope this has resolved the confusion regarding the
submission of data in lieu of a trial~burn. If you have any '
questions, contact Randy Chrismon at 382-4535.
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