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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