RESOURCE CONSERVATION AND RECOVERY ACT




           SUBTITLE C  -  HAZARDOUS WASTE MANAGEMENT




 SECTION 3004 - STANDARDS  APPLICABLE TO OWNERS AND OPERATORS




OF HAZARDOUS WASTE TREATMENT,  STORAGE,  AND DISPOSAL FACILITIES
                             FINAL




                     BACKGROUND DOCUMENT









                        40  CFR PART 265




    SUBPART P INTERIM  STATUS STANDARDS FOR HAZARDOUS WASTE




               FACILITIES  FOR THERMAL TREATMENT




              PROCESSES OTHER THAN INCINERATION




                     AND FOR OPEN BURNING
               ENVIRONMENTAL PROTECTION AGENCY




                    OFFICE  OF SOLID WASTE
                           APRIL 1980

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                        TABLE OF CONTENTS

                                                            Page

  I.   INTRODUCTION                                            1

      A.  Need For Thermal Treatment Interim Status           1
            Standards

      B.  Key Definitions                                     4

 II.   RATIONALE FOR THE REGULATIONS                           6

      A.  Statutory Authority                                 6

      B.  Incidents Involving Improper Thermal Treatment      9

      C.  The Experience Base for Thermal Treatment          10
            Regulations

      D.  Basis for the Interim Status Standards for         14
            Thermal Treatment

III.   ANALYSIS OF AND RESPONSE TO COMMENTS RELEVANT TO THE   19

      INTERIM STATUS STANDARDS

      Issues;

      #1 - General Issues:  (1) Authority, (2) Performance   19
           Standards

      #2 - Thermal Treatment Other than Incineration         25

      #3 - Allowance of Variances During Start-up Periods    30

      #4 - Analysis of Wastes                                33

      #5 - Instrument Monitoring and Facility Inspection     41

      #6 - Residue Management                                46

      #7 - Open Burning                                      50

IV.  TEXT OF INTERIM STATUS STANDARDS                        54

     REFERENCES                                              58

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I.   INTRODUCTION



A.   Need For Thermal Treatment Interim Status Standards



     This is one of a series of documents providing support



and background information for regulations issued under



Section 3004 of the Resource Conservation and Recovery Act of



1976.  Each Background Document describes a regulation as



originally proposed, summarizes and responds to comments



received that relate to that original proposal, and indicates



the Agency's rationale for final regulations.



     This background document discusses the rationale for



regulations for facilities for hazardous waste thermal



treatment other than incineration.  This document contains an



analysis of comments relevant to regulations for thermal



treatment facilities including an analysis of comments received



on the proposed regulations for incinerators (§250.45-1).



A background document for regulations for hazardous waste



incinerators closely parallels this document although the



rationales for each of the two sets of regulations are contained



within each of the two documents to avoid constant referral.
                       >


     The Agency proposed standards on December 18, 1978



applicable to owners and operators of hazardous waste treatment,



storage, and disposal facilities.  Included in those regulations



were requirements for owners and operators of hazardous waste



incinerators (43 FR 59008).  The Agency is still considering



the extensive comments that were received on all aspects of



that proposal.  However, the Agency has decided to issue



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interim status standards that apply to owners and operators



of these facilities during the time between submittal of the



application for a permit and the issuance of a permit.



     These standards are being issued on an interim final



basis.  This means that the Agency will continue to receive



and consider comments on the regulations for a period of QO



days from the date the regulations are issued.  As a result



of these comments, the Agency may revise, add, or delete



specific requirements.  These regulations, however, are in



force and effective six months after promulgation.



     Several commenters on the proposed regulations expressed



concern that the standards for incinerators might have a



constraining effect on incineration technology development.



These commenters felt that EPA's design and operating criteria,



(particularly the requirement for incinerators to meet mini-



mum temperatures, retention times, and excess oxygen levels)



would restrict progress.  The "note" following Section 250.45-ld



was intended to add flexibility to the regulations by recog-



nizing and allowing the use of other technologies and other



design and operating criteria.  It said that permits would



be issued, provided that owners and operators could demonstrate



that an equivalent degree of combustion was taking place.



This was viewed by the commenters as ineffective because



permitting officials might be inclined to apply the standard



without the "note" rather than take on the responsibility of



determining what alternative operating and design conditions



constitute equivalent performance.



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     Similarly, commenters felt that the proposed incineration



regulations would discourage innovative thinking relative to



hazardous waste thermal treatment and disposal.  These



commenters pointed out  that certain new and emerging tech-



nologies such as molten salt processes, catalytic incinerators,



pyrolysis units, and microwave plasma destruction might be



seriously stifled or even eliminated by having to comply with



incinerator operating and design standards.  Commenters felt



that the regulations failed to recognize the existance of



these and other incineration-like processes which might soon



be capable of effectively handling a greater proportion of



the hazardous waste generated.



     Several commenters suggested that design parameters



based on conventional incinerator technology should be replaced



by performance standards for destruction efficiency-  These



performance standards would be broadly applicable to conven-



tional or innovative thermal treatment techniques.   As one



commenter pointed out, pyrolysis combined with an after-burner



could achieve destruction efficiencies (at point of release



to the environment)  that were comparable to incineration



results for many wastes.



     The Agency believes that the regulations should encourage



the development of new techniques for management of hazardous



waste.  Furthermore, the Agency recognizes that the proposed



incineration regulations did not provide sufficient latitude



to accomodate other thermal treatment approaches.  There



fore, the Agency added in the final regulations a new and



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distinct set of requirements for thermal treatment processes

other than incineration.

     These interim status standards for thermal treatment

are the first part of these final regulations.  Together

with more performance based permanent status standards for

thermal treatment, planned for promulgation in a few months,

they allow application of new technology to' hazardous waste

management while maintaining protection of human health and

the environment.

B.  Key Definitions

     The definitions given in Part 260 should aid the reader

in understanding this specific document and the interim status

standards.  Some of those definitions are provided here for

readers' convenience.

     0   "Disposal" means the discharge, deposit, injection,
         dumping, spilling, leaking, or placing of any solid
         waste or hazardous waste into or on any land or
         water so that such solid waste or hazardous waste or
         any constituent thereof may enter the environment or
         "be emitted into the air, or discharged into any
         waters, including ground waters.

     0   "Facility" means all contiguous land and structures,
         other appertnances and improvements on the land,
         used for the treating, storing, or disposing of
         hazardous waste.  A facility may consist of several
         treatment, storage, and disposal operational units
         e.g., one or more landfills, surface impoundments,
         or combinations of them.

     0   "Hazardous Waste" means a hazardous waste as defined
         in §261.3 of this Chapter-

     0   "Incinerator" means an enclosed device using controlled
         flame combustion, the primary purpose of which is to
         thermally break down hazardous waste.  Examples of
         incinerators are rotary kiln, fluidized bed, and
         liquid injection incinerators.
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This definition has been modified from the proposed
rules as a result of a number of comments.  The
Agency's response to comments on this definition is
provided in the Background Document for Subpart 0;
Incinerators.

"Open Burning" means the combustion of any material
without the following characteristics:

(a)  control of combustion air to maintain adequate
     temperature for efficient combustion,

(b)  containment of the combustion-reaction in an
     enclosed device to provide sufficient residence
     time and mixing for complete combustion, and

(c)  control of emission of the gaseous combustion
     products.

"Thermal Treatment" means the treatment of hazardous
waste in a device which uses elevated temperatures
as the primary means to change the chemical, physical,
or biological character or composition of the hazar-
dous waste.  Examples of thermal treatment processes
are incineration molten salt pyrolysis, calcination,
wet air oxidation, and microwave discharge.

This is a new definition.  Commenters suggested that
because the proposed definition of incinerators exclu-
ded thermal treatment processes which did not use flame
combustion, other forms of thermal treatment technology
would be unnecessarily stifled.  The Agency believes
that by defining "thermal treatment" and requiring
applicable standards, much confusion will be avoided.
See Section III (Issue #2) of this Background Document
for a discussion of these comments.

"Treatment" means any method, technique, or process,
including neutralization, designed to change the
physical, chemical, or biological character or
composition of any hazardous waste so as to neutra-
lize such waste, or so as to recover energy or
material resources from the waste, or so as to
render such waste non-hazardous, or less hazardous,
safer to transport, store, or dispose of or, amenable
for recovery, amenable for storage, or reduced in
volume.
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         II.  RATIONALE FOR THE REGULATIONS

A.   RCRA Mandate for the Regulation

     The Congress of the United States, in Section 3004 of

Subtitle C of the Resource Conservation and Recovery Act

(RCRA) of 1976 (PL 94-580), required that the Administrator

of the U.S. Environmental Protection Agency:

     "...promulgate regulations establishing such
     performance standards, applicable to owners and
     operators of facilities for the treatment, storage,
     or disposal of hazardous waste identified or listed
     under this Subtitle, as may be necessary to protect
     human health and the environment.  Such standards
     shall xnclude, but need not be limited to, require-
     ment respecting -  ...

     (3)  treatment, storage, or disposal of all such
     wastes received by the facility pursuant to such
     operating methods, techniques, and practices as
     may be satisfactory to the Administrator;

     (4)  the location, design, and construction of
     such hazardous waste treatment, storage, or disposal
     facilities;" [emphasis added]

     The term "treatment" is defined in Section 1004(34) of

the Act to mean:

     "...any method, technique, or process, including
     neutralization, designed to change the physical,
     chemical, or biological character or composition
     of any hazardous waste so as to neutralize such
     waste or so as to render such waste non-hazardous,
     safer for transport, amenable for recover, amenable
     for storage, or reduced in volume..."

     One objective of thermal treatment of waste is normally

to change the physical form, biological character, or chemical

composition of the waste so as to render it non-hazardous or

less hazardous.  Thermal treatment may also render the waste

"safer for transport, amenable for recovery, amenable for

storage, or reduced in volume."  Therefore, thermal treatment

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is a treatment process within the meaning of the Act, and



the Agency is mandated to produce operating, location, design,



and construction regulations for the thermal treatment of



hazardous waste adequate to protect human health and the



environment.



     The Agency encourages thermal treatment in properly



designed and operated facilities as a management technique



which is preferable to land disposal of hazardous wastes.



Thermal treatment of hazardous waste other than incineration



has not been widely practiced as compared to land disposal



and incineration.  With the exception of incinerators most



thermal treatment units are experimental or have only recently



been scaled to larger units.  However,  with state and federal



laws eliminating open dumping and inadequate landfilling,



interest in thermal treatment, particularly incineration as a



means of hazardous waste destruction, is increasing.  Thermal



treatment is capable of destroying the hazardous nature of



organic wastes, while simultaneously reducing the volume of



remaining wastes.  Agency tests have demonstrated that



incineration of a broad range of hazardous waste can be



conducted safely and properly using existing technology.1



Commenters have suggested that other thermal treatment



processes can achieve similar results.   Analysis of pyrolysis



processes combined with the use of after-burners suggests



that this may be correct.2



     Thermal treatment can be conducted improperly, however.



In the past, hazardous wastes have been burned in the open,



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in drums, in makeshift burners, often without emission controls



and many times without proper combustion conditions to ensure



proper destruction.  Improper treatment can lead to the emission



of odors and toxic gases and fumes, uncontrolled fires and



explosions.  The production of hazardous residues can, if not



managed properly, pose as much of a hazard as the original



waste.



     The potential for damage to the environment and to human



health is also related to the types of waste thermally treated.



For example, sludges from oil and solvent recovery operations



often contain toxic heavy metals including lead, chromium,



and cadmium.3  Uncontrolled incineration of these sludges or



the use of other thermal treatment processes without proper



controls could result in significant air emissions of these



hazardous heavy metals or other toxic chemical compounds.^



     Even properly designed thermal treatment units have



limitations regarding the kinds and characteristics of the



hazardous materials they can safely treat.  Certain thermal



treatment units are designed specifically to treat only



certain classes of waste streams.  Pyrolysis without an



after-burner or a close-coupled heat recovery system may be



unsuitable for treatment of many hazardous waste streams



since pyrolysis is a conversion process rather than a destruction
                                               .-$


process.2 Calcination is a thermal treatment process applicable



to inorganic wastes contaminated by organic residues.  For



incinerators and other thermal treatment processes, signifi-



cant amounts of water or other noncombustible components of



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the waste can affect attainable temperatures, appropriate

feed rates, the amount of auxiliary fuel necessary, and the

adequacy of control equipment.   Failure to respect the limi-

tations inherent in each thermal treatment process can increase

the probability of environmental and human health injuries.

B.  Incidents Involving Improper Thermal Treatment

     Recently, thermal treatment of hazardous waste, both

adequate and inadequate, has been increasing.  This is espe-

cially true of incineration.  Several damage incidents and

near incidents have come to the Agency's attention.  A few,

summarized below, serve to illustrate the potential problems

associated with improper thermal treatment:

     1.  In early 1974, following reports of air and ground
         water pollution caused by the incineration of haz-
         ardous  wastes, the Air Compliance Division of the
         Connecticut Department of Environmental Protection
         closed two organic solvent recovery operations.  One,
         in Southington, Connecticut, was contaminating the
         air with heavy metals  from the incineration of sol-
         vent recovery sludges  which contained lead and
         zinc.  Additionally, the company's operations con-
         taminated the soil and ground water in the area and
         the company's own well.  Incineration ceased in
         early 1974.  In Beacon Falls, Connecticut, a similar
         operation was closed for reasons of air pollution.^

     2.  An incinerator in Grafton, Ohio, has been the target
         of numerous citizen complaints for unpleasant
         odors and air pollution.  Odors, which normally
         signify organic emissions, are a common problem at
         incinerators due to the volatility of many of the
         wastes.  Release of odoriferous material usually
         occurs as a result of  careless handling of the waste,
         fugitive emissions, or incomplete combustion.  The
         area surrounding the facility is reported to have
         become contaminated with unburned Kepone on one
         occasion:^

     3.  An on—site investigation by EPA officials at a closed
         hazardous waste facility in Seymour, Indiana, revealed
         that a makeshift incinerator had been used to destroy

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         hazardous wastes.  The unit was little more than an
         open burning operation with an air blower to supply
         extra air.^

     4.  An incinerator in Chicago, Illinois, was shut down
         in August 1976, after numerous violations of stack
         emission standards.  The City of Chicago required
         that the facility cease operations after three
         violations of air standards (particulates, opacity,
         and odors) occurred within a 180-day period.  The
         facility has since reopened, after ex-censive modifi-
         cation of its air pollution control equipment.  To
         date, the City has issued permits allowing only a
         limited number of wastes to be burned.®

     5.  In April 1977, the State of New York shut down a
         liquid waste incinerator in Oswego, New York.  The
         facility was a constant source of odor complaints
         from local residents.  The State Division of Air
         Resources sampled the incinerator stack several
         times and found, in one case, a particulate level of
         10 times the allowable limit.  After the facility
         was closed, the State of New York was left with a
         one-million gallon lagoon, four 50,000-gallon tanks
         and 8,500 drums of waste materials.^

     The Agency believes that unless thermal treatment regu-

lations are written and implemented, damage incidents such

as these can be expected to continue.

c*   The Experience Base for Thermal Treatment Regulations

     In developing both the proposed regulations for incine-

rators and these interim status standards for thermal treat-

ment, the Agency made use of its own experience in testing

destruction of hazardous wastes in thermal treatment facili-

ties.1'4  The Agency has also relied upon state and other

federal regulatory experience.

     EPA, under the Clean Air Act, has promulgated emission

limits for particulates for solid waste incineration and

sewage sludge incineration.10 However, these controls were

not developed to deal specifically with hazardous waste

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incinerators or other thermal treatment processes.  There




are, moreover, an almost infinite variety of toxic chemical




entities which could be emitted as a result of the infinite



variety of chemical species which make up hazardous waste.




It is difficult, expensive, and time-consuming to gather




rigorous data on threshold levels for area-wide health



effects for these potential emissions.  Thus, it has not




been feasible to use comprehensive pollutant-by-pollutant




emission standards, developed under the procedural require-



ments of section 112 of the Clean Air Act, as a means of




protecting human health from emissions associated with




hazardous waste thermal treatment.  Yet, common sense, public



concern, and sporadic incidents suggest that the problem is




already serious.  The results of improper thermal treatment




of hazardous wastes can be expected to become acute in propor-



tion to the expected increase in the volume of hazardous




wastes thermally treated and the number of thermal treatment




facilities.



     Therefore, while the Agency utilized its experience




with the Clean Air Act, it was necessary to design the proposed




hazardous waste incinerator regulations around performance



criteria for destruction efficiency and design and operating




requirements based on RCRA's statutory requirement to protect




human health and the environment.  Attainable performance



criteria were developed, based on the results of a series of



trial burns and analyses conducted in 1975 and 1976 with 14




different wastes in 7 different full-scale commercial thermal




                            - 11 -

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treatment facilities.1  These tests provided core data for



development of the proposed incinerator regulations and the



operational knowledge gained in that test series supports



the requirements designed for interim status.



     The only Federal regulations currently  in effect which



relate specifically to hazardous waste thermal treatment are



embodied in EPA's PCB disposal regulations.  These regulations



require that certain PCB wastes be incinerated.  The regula-



tion also includes destruction and combustion efficiency re-



quirements; specifications for temperature,  retention time/



and excess air; requirements for inspecting  (monitoring)



operating conditions; and for automatic feed cutoff in the



event of a malfunction.  The PCB regulations also call for



formal test burn procedures and for the installation of scrub-



bers.  The requirements parallel the proposed RCRA regulations



to a considerable degree, and were helpful during development



of the proposed regulations, primarily in suggesting alter-



native regulatory approaches and ensuring comprehensiveness



of coverage.



    In addition to developing and promulgating incinerator



standards pursuant to Clean Air requirements, some States have



found it necessary to control hazardous waste thermal treat-



ment as well.  The work done by these states in developing



their regulations and their experiences in implementation



was reviewed by the Agency during development of the December



18, 1978 proposal for incineration and of these interim status




standards for thermal treatment.



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     In the absence of regulations specifically addressing

emissions from incinerators burning "hazardous waste, States

have restricted the operations of hazardous waste incinerators

by the authority of a general protection or "nuisance" rule.

The following general nuisance rule of the Wisconsin Department

of Natural Resources is typical:

     NR 154.  Control of Hazardous Pollutants.  General
     Limitations.   No person shall cause, suffer, allow, or
     permit emissions into the ambient air hazardous substances
     in such quantity, concentration, or duration as to be
     injurious to human health, plant, or animal life unless
     the purpose of that emission is for the control of plant
     or animal life.  Hazardous substances include, but are
     not limited to, the following materials, their mixtures,
     or compounds:  asbestos, beryllium, cadmium, chlorine,
     flourine, lead, mercury, pesticides, or radioactive
     material.^

     While this type of rule provides no specific regulatory

guidelines, the general authority of similar statutes has

been used in different States to impose a variety of emission

restrictions on a case-by-case basis.

     An initial survey of specific State regulations relevant

to these interim status standards revealed the following:

     Arkansas - The Arkansas Solid Waste Disposal code has
     incineration requirements for continuous temperature
     monitoring, reporting, and ash disposal only into an
     approved s ite. J- 3

     California - The "Minimum Standards for Management of
     Hazardous and Extremely Hazardous Wastes" require that
     operators of off-site facilities "inspect wastes before
     accepting them to ensure that the delivered waste has
     essentially the same general properties as identified
     by the producer on the manifest."14

     Pennsylvania - Solid Waste Rules require that incinerator
     ash disposal be approved by the Department of Environmental
     Resources, and that liquid effluents be treated as an
     industrial waste and handled as approved by the Depart-
     ment of Environmental Resources. l->

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     Several States, including Missouri, Nevada, Tennessee,

and South Carolina are currently in the process of proposing

regulations covering hazardous waste thermal treatment or

incineration facilities.

D.  Basis for the Interim Status Standards for Thermal
      Treatment

     Given the Congressional mandate to protect human health

and the environment from inadequate hazardous waste treatment,

storage, and disposal and the demonstrated problems associated

with inadequate treatment via incineration, the Agency proposed

regulations for hazardous waste incinerators and chemical,

physical, and biological treatment on December 18, 1978.

These proposed regulations included permanent status standards

and very limited interim status standards for chemical, physical,

and biological treatment.  Interim status standards are appli-

cable during the period of time between submittal of an appli-

cation for a permit and the granting of a permit.

     The Agency has determined that it is important to bring

some additional control over incineration and other thermal

treatment by promulgating additional interim status standards.

This Background Document and the associated regulations

are limited to those regulations, which are to be in effect

during the interim status period.  Regulations covering the

permanent status period, the period after permitting,

will be issued in the next few months.  At that time the

complex technical questions raised by commenters will be

addressed.


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     For its interim status standards (ISS), the Agency is



mandating those requirements which:  (1) can reasonably be



implemented by the regulated community within the six-month



period between promulgation and the effective date of the



regulations; (2) do not require large capital expense for



items which require approval and, thus, might be altered as



part of the permitting process; and (3) can be implemented



directly by the regulated community with the need for minimal



consultation with or interpretation by the Agency.  The



rationale for these decision criteria is discussed in more



depth in the Background Document entitled "Purpose, Scope



and Applicability." It should be understood, however, that



the Agency used the criteria only as guidance in deciding



which standards to require during interim status.  They are



not hard-and-fast rules.  The Agency has gone beyond these



guidelines where it appeared justified and may do so in the



future.



     For thermal treatment processes, the proposed incinerator



technical performance and design requirements do not meet



these criteria and, thus, cannot be implemented during interim



status.  The time required and the costs of conducting



trial burns and upgrading most existing facilities will be



considerable, and the designs will require Agency approval



during the permitting process.  Technical performance and



design requirements were not proposed for thermal treatment



processes other than for incinerators.   The Agency has,



however, developed general operating standards for thermal



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treatment that meet the criteria for interim status standards



and can be implemented during the interim status period.



These have been designed primarily to improve operating



procedures, i.e., to eliminate the careless and sloppy prac-



tices which have resulted in serious problems in the past.



     Specifically, requirement §265.373 that the thermal



treatment unit be brought to its steady state operating



condition before hazardous wastes are introduced meets ISS



criteria because:  (1) no EPA approval or interpretation



is required, (2) any capital expenditures necessary to install



auxiliary fuel capability are not lilcely to be the topic of



disagreement during permitting activities, and (3) it can be



implemented with little lead time needed to obtain and install



equipment.



     The requirement of §265.375 that the owner or operator



must sufficiently analyze any waste which he has not previously



treated in his thermal treatment process to enable him to



establish steady state (normal) or other appropriate condi-



ditions and to determine the type of pollutants which might



be emitted: (1) can be implemented with no EPA involvement,



since the sampling and analytical procedures at this time



are largely left to the owner/ operator; (2) can commence



as soon as any necessary testing equipment is delivered; and



(3) requires only limited (and necessary) expense for the



purpose of procuring testing equipment (if not already



available).








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     The requirement of §276.377 for instrument monitoring




and control and stack plume inspections:  (1) can be initiated




by thermal treatment process operators immediately, (2)




requires no interpretation by the Agency, and (3) requires



no capital expenditures, since only existing, in-place equip-




ment and instruments must be inspected.



     The requirement of §265.381 that hazardous waste and hazardous




residues (including sludge, ash) be removed from the incinerator




at closure, will be incorporated as part of the closure plan




required by Subpart G (closure and post-closure) to be prepared




during interim status. . This will be subject to Agency review




and approval before it is implemented.  Implementation of these




requirements will not be necessary until closure but they may



require significant expenditures.  These rules are beinq




promulgated despite the interim status critera because of the




importance the Agency places on proper closure.   For further



discussion on this issue, see the Background Document on




Closure and Post-closure.




     The requirement of §265.382 prohibiting open burning




expect for the open burning and detonation of waste explosives



(1) can be implemented within the six-month period between




promulgation and the effective date of the regulations; (2)




does not require large capital expense for items which require



approval and (3) requires no EPA interpretation.




     A commenter suggested that the proposed incinerator perma-



nent status standards for trial burns and operational emis-




sions monitoring be made applicable during the interim status



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period.  Since such requirements do not meet any of the



interim status criteria (as outlined above), the Agency has



not added them to the interim status requirements.  However,



a requirement that waste be burned only at proper operating



temperature is consistent with these criteria and will prevent



incomplete treatment of hazardous waste.  Thus, the require-



ment for preheating to proper operating conditions for other



than non-continuous (batch) processes was added to these



interim status standards.
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III.  ANALYSIS OF AND RESPONSE TO COMMENTS RELEVANT TO THE
      INTERIM STATUS STANDARDS FOR THERMAL TREATMENT
     Many of the comments received on the proposed incin-

erator standards went to technical points or issues that will

be resolved only in the Phase II incinerator and thermal

treatment regulations.  These are not discussed here.  Other

comments raised issues relevant to any RCRA regulation of

hazardous waste incineration.  These and other comments rele-

vant to thermal treatment other than incineration are discussed

immediately below.  Comments specifically relevant to these

Interim Status Standards are discussed after the general

issues raised.

     It is important to recognize that comments discussed

below were directed to the incineration regulations.   The

issues they raise are discussed here in the context of their

applicability to Interim Status Standards for Thermal

Treatment.  Most of these comments are also discussed in the

Background Document for Part 265, Subpart O:  Incinerators.

Issue #1 General Issues

A.  Summary of Comments

    1.  Incineration should be regulated in three ways:
        emissions should be controlled by the Clean Air Act,
        effluents by the NPDES system, and land disposal by
        Subtitle D of RCRA.  Legislative history does not
        indicate that Section 1004(3) "disposal" was  intended
        to include incineration.

    2.  Design and operation regulations are a mistake.  The
        owner/operator should be allowed to determine how to
        operate the process so as to meet performance standards.
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B.  Analysis of and Response to General Issue Comments

    1.  Hazardous Waste Incineration and Other Thermal Treat-
        ment Falls Within the RCRA Statute

     The commenters'  discussion of whether hazardous waste

incineratxon falls within the Section 1004(3) definition of

"disposal" is not to the point.  The Agency is required by

Section 3004 to regulate "treatment" of hazardous wastes.

RCRA section 1004(34) defines treatment as follows:

     (34)  The term "treatment", when used in connection with
           hazardous waste, means any method, technique, or
           process, including neutralization, designed to
           change the physical, chemical or biological charac-
           ter or composition of any hazardous waste so as
           to neutralize such waste, or so as to render
           waste non-hazardous, safer to transport, amenable
           for recovery, amenable for storage, or reduced in
           volume.

     As a process designed to render hazardous waste non-

hazardous and reduced in volume, thermal treatment falls

squarely within this definition.  This mandate also serves

the objectives of the statute defined by Congress in Section

1003(4) as, among other things, "regulating the treatment...

of hazardous wastes which have adverse affects on health and

the environment." The Administrator's authority in the

matter is made even more clear later in Section 3004, which

says that standards set by the Agency "shall include, but

need not be limited to, requirements respecting—

     (3)  treatment. . .of all such wastes.. .purisuant to such
          operating methods, techniques, and practices as may
          be satisfactory to the Administrator."

In addition, incineration of hazardous wastes was discussed

extensively in EPA's  1974 Report to Congress; Disposal of


                            - 20 -

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Hazardous Wastes, a document that strongly influenced Congres-



sional development of RCRA.



     Some commenters suggested that the proposed regulations



should be replaced by, or were in conflict with, the Clean Air



Act.  Congress, in Section 1006(b), required the Administrator



to integrate RCRA with the Clean Air Act, but "only to the



extent that it can be done in a manner consistent with the



goals and policies expressed in this Act..."  It is significant



that Congress, in Section 1006(a), omitted the Clean Air Act



from a list of statutes that were specified as unaffected by



RCRA's provisions.  As a result, the Administrator has



substantial discretion to determine the interplay between



RCRA and the Clean Air Act, so as to best effect the purposes



of both statutes.  Since thermal treatment of hazardous



waste poses dangers that go beyond the general concerns of



the Clean Air Act, it is appropriate to regulate such facili-



ties under RCRA.  Also thermal treatment sites,  will in many



cases receive and generate hazardous waste, and thus will



necessarily be brought within the RCRA framework of manifest



systems and recordkeeping.  Such facilities will be receiving



manifested wastes, temporarily storing hazardous wastes, and



(usually) generating hazardous wastes in their ash and scrubber



effluents.  Thus regulation of their operations under RCRA



has the added advantage of simplifying the regulatory frame-



work applicable to each facility.



     The Clean Air Act controls air contaminant emissions



largely on a pollutant-by-pollutant basis, or on a pollutant-




                            - 21 -

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facility basis.  Its regulations include area-wide standards



for relatively ubiquitous pollutants such as sulfur dioxide



and lead, and for certain hazardous air pollutants, such as



beryllium and vinyl chloride.  Such action is adequate and



necessary for the pollutants and facilities heretofore regu-



lated (e.g., particulates from steam fired power plants, vinyl



chloride emissions from vinyl chloride production plants).



In contrast, a case-by-case, chemical by chemical, regulatory



approach is not practical for control of hazardous waste



thermal treatment.  The hazardous air pollutant provisions



of Section 112 of the Clean Air Act, 42 U.S.C. §7412, require



the use of extensive procedures for each pollutant regulated.



     The pollutant species which could be emitted from thermal



treatment of hazardous waste number in the tens of thousands.



Many of them could be acutely toxic or carcinogenic.  The



procedures of the Clean Air Act are less effective and effi-



cient in such situations.  RCRA has authority to control



emissions broadly through destruction and combustion perfor-



mance standards and directly through operating and design



standards.  These standards can be more effectively applied



to the entire mix of pollutants treated in each facility.



Thus, the Agency has decided to regulate hazardous waste



incinerators and other thermal treatment devices directly



under RCRA.



     Effluent discharges to surface waters will still require



NPDES permits.  Finally, removal of hazardous waste ash



generated by an incinerator or other thermal treatment process




                            - 22 -

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to landfills or other sites will have to be in compliance



with RCRA regulations for hazardous waste generators.  There



are no provisions of regulations issued by the Agency under



the Clean Air Act or the Clean Water Act which are incompatible



with these RCRA requirements.



C.   Thermal Treatment of PCB's is regulated under 40 CFR 761.40.



     2.   Performance Standards are the Best Approach



     The Agency believes that performance standards are



desirable and, in fact, the proposed incinerator destruction



and combustion efficiency requirements and the halogen removal



requirements were types of perfomance standards.  The use of



performance standards tends to encourage innovative techno-



logies and provides maximum cost-effectiveness and flexibility



to the owner or operator.  Highly specific design requirements,



on the other hand, tend to freeze technology.  The Aqency



does not agree, however, that RCRA regulations should depend



solely and totally on performance standards.



     There are a number of "good management practices,"



which are currently routinely practiced by the reputable and



knowledgeable incinerator operators, which the Agency believes



should be practiced by anyone, regardless of the type of



waste and thermal treatment employed.  Some of these "good



management practices" have been included in these interim



status regulations.  These general operating requirements



are based on the belief that it is better to prevent injury



to human health through careful management than to take



after-the-fact enforcement measures when poor management



                            - 23 -

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has led to an inevitable breach of a performance standard.



The Agency recognizes that these general operating requirements



may not be sufficient for the long term protection of human



health and the environment.  The permanent status standards



to be issued in the coming months, will rely more heavily on



performance standards together with guidance to permitting



officials on design and operating requirements.  This will



allow a great deal more flexibility in tailoring design and



operating requirements to waste, site, and process specific



factors.  The Agency believes this flexibility is necessary



for the regulation of the performance of such widely diverse



and innovative hazardous waste thermal treatment processes



as molten salt processes, wet air oxidation, calcination,



microwave discharge pyrolysis, and incineration.
                            - 24 -

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Issue #2 Thermal Treatment Other Than Incineration

A.  Synopsis of the Proposed Regulation

     The proposed rules defined an incinerator as an engi-

neered device using controlled flame combustion to thermally

degrade hazardous waste (250.41(b)(44)).  The proposed rules

for incineration required standards of performance which

focused on flame combustion device design, construction, and

operations.  (§250.45-1).

B.  Summary of Comments

    1.  Incineration operating and design standards would
        restrict thermal treatment technology.  The use of
        new and innovative technologies and processes would
        be discouraged by these standards.

    2.  The definition of an incinerator would restrict ther-
        mal treatment to flame combustion.  Other thermal
        treatment systems which do not use flame combustion
        may be adequate for the destruction of hazardous waste

     Comments relative to each of the proposed operating and

design standards for incinerators are not discussed in this

background document since these standards are not proposed

for the interim status period.

C.  Analysis of and Response to Comments and Rationale for
    the Final Regulation

     The Agency agrees that the proposed definition of in-

cineration excludes those thermal treatment systems which do

not use flame combustion.  Incineration technology is fairly

well developed, and has been in existence for a number of

years.  Thus, the Agency feels it is appropriate to designate

a specific section of these regulations for those requirements

which are specific to incinerators.


                            - 25 -

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     The Agency also recognizes the existence of several other



alternative technologies which may be employed to thermally



treat hazardous wastes.  These devices may use various mecha-



nisms which result in destruction efficiencies for hazardous



waste comparable to that accomplished by conventional flame



combustion incinerators.  The Agency wants to encourage such



technology development and application.



     The Agency agrees with comments pointing out that the



proposed incinerator regulations might have unintentionally



discouraged new and innovative technology.  The Agency recog-



nizes that classical incineration utilizing controlled flame



combustion systems contained within various forms of refractory



chambers is the primary state-of-the-art today, but agrees



that new and innovative systems should be built and evaluated,



and have their performance compared to that of flame combus-



tion incinerators.



     Several new thermal treatment processes are beginning to



emerge.  For example, an EPA research and development program



exploring the performance characteristics of a microwave



discharge system  for destruction of toxic compounds in gaseous,



liquid and solid  forms is currently underway-  Currently, the



system has been found successful, with some inherent limitations,



for the treatment of certain toxic organic compounds.



     However, it  is clear that such technologies are not as



well developed or understood as conventional flame combustion



systems.2  The Agency will continue to observe and monitor the



state-of-the-art  of lesser developed thermal treatment pro-




                            - 26 -

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cesses.  This concern ranges from an awareness of additional



areas needing study to an interest in any new, novel, or



unique emerging technologies.



     The Agency did not propose any regulations specific to



this class of thermal treatment processes.  Based on reported



damage incidents the comments received, and risk of harm to



human health and the environment, however, the Agency believes



that these minimal standards for thermal treatment processes



should be instituted during interim status.



D.  Summary of the Interim Status Standards



     Many of the interim status standards provided in these



regulations for thermal treatment processes are similar in



nature to those being required for incinerators.   This is to



be expected, since incinerators represent a sub-class of



thermal processes.  However, it is anticipated that there



will be some significant differences between the requirements



for incinerators versus other thermal treatment processes in



the phase II regulations.



     As discussed under Issue #3, the interim status standards



require that thermal treatment processes achieve steady



state (normal) conditions of operation prior to introducing



hazardous waste.  This good operating practice will avoid



the problems which can occur during periods, such as facility



start-up, when thermal treatment processes can be subject to



wide fluctuations in temperature or other operating conditions,



potentially resulting in the release of hazardous emissions.



A variance has been added to the steady state requirement to




                            - 27 -

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recognize that some acceptable thermal treatment processes



may operate in a batch-wise or non-continuous mode.



     Requirements for waste analysis were contained in the



General Facility Standards section of the proposed regulations.



In response to the comments received as discussed under



Issue #4, the waste analysis requirements for thermal



treatment processes include only those parameters and consti-



tuents considered necessary to determine whether the waste



can be adequately thermally treated, and to allow the operator



to estimate the necessary thermal treatment conditions.  This



is a one-time analysis conducted prior to thermal treatment



of a new waste.  The General Waste Analysis section (264.13



and 265.13) requires that each shipment received must be



compared visually or by simple tests against a standard



sample of the waste to confirm that the waste received is



the same as that expected.  A description of such testing



is to be included in the Waste Analysis Plan (which is discussed



in the Waste Analysis Background Document).



     A minimum set of monitoring and inspection requirements



is also contained in these interim status standards as dis-



cussed under Issue #5.  Minimum monitoring and inspection



requirements are provided for instruments relating to tempe-



rature, emission control and the stack plume (where applica-



ble) , the complete thermal treatment device, ancf associated



ancillary equipment.



     A requirement that all residues be removed from thermal



treatment processes and/or equipment at closure is contained



                            - 28 -

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in these interim status standards.  That requirement is



intended to prevent potential human health or environmental



damage associated with retention of hazardous residuals



after closure.



     A ban on open burning of hazardous wastes was contained



in the General Facility Standards section of the proposed



regulations.  Although not proposed as an interim status



standard,  because of the need for owners and operators to



deal with the Regional Administrator, it is incorporated



into these thermal treatment interim status standards because



the potential public health hazards associated with the



practice dictate that it be ended now, as discussed under



Issue #7.   Comments received on the proposed requirement



centered around the need to dispose of waste explosives in



the open.   The Agency agrees that open burning and detonation



are presently the only alternative for disposal of most waste



explosives and, thus, the proposed variance meant for waste



explosives has been incorporated in a modified form.



     Finally, a definition of "thermal treatment" has been



added to the final rules which more explicitly defines the



relationship between incinerators and other thermal treatment



devices.
                            - 29 -

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Issue:  13 Allowance of Variances During Startup Periods

A.  Synopsis of the Proposed Regulations

     The proposed regulations (Section 250.45-1) required

that incinerators operate at 1000°C with at least a two-second

residence time and at least 2 percent excess air (except for

halogenated aromatics, which required 1200°C for 2 seconds and

at least 3 percent excess air) whenever burning hazardous

wastes.  Similarly, a 99.9 percent combustion efficiency and

99.99 percent destruction efficiency were required whenever

burning hazardous wastes.  These standards were not proposed

as requirements for the interim status period.

B.  Summary of Comments

    1.  Define a one-hour start-up period after wastes are
        introduced before destruction efficiency and combus-
        tion efficiency requirements are applied.

    2.  Allowance should be made for excursions and opera-
        tional variations during start-ups and shutdowns.

C.  Analysis of and Response to Comments and Rationale for
    the Final Regulation

     The Agency cannot agree with the request for a variance

during start-up and shutdown times.  Such an allowance would

open the door to the possibility of thermal treatment device

being allowed to spew out significant quantities of hazardous

wastes.  Test burns in the past have indicated that it is

good management practice, and entirely feasible, to use

auxiliary fuel to bring the thermal treatment device up to

steady-state operating conditions before burning hazardous

wastes.  The Agency's test burn experience has demonstrated

that, if preheating to standard conditions is coupled with

                            - 30 -

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careful control, dangerous temperature and residence time



deviations can be eliminated when waste feed commences.^/4



     While there may be a small increase in operating costs



caused by increased reliance on auxiliary fuels, that cost



is clearly out-weighed by the human health benefits of proper



thermal treatment.  This regulation, as a side benefit, will



prevent unscrupulous owners or operators from gaining an



economic advantage over reputable facilities.



     The Agency agrees that combustion condition variations,



with attendent deviations in destruction efficiencies and



increased emissions, are most likely to occur during start-up



periods.  If the practice suggested by these comments becomes



widespread, significant health and environmental damages are



likely to result.  Therefore, while the Agency is currently



unready to implement permanent combustion,  operating, and per-



formance standards,  it is reasonable and necessary to require



owners or operators of existing facilities  to achieve steady-



state operating conditions within the thermal treatment process



before introducing any hazardous waste.  Reputable firms



currently practice this safeguard, regardless of the design



capability of their unit.16



     Batch thermal treatment processes are  not dependent upon



the continuous flow of fuel to reach steady state conditions.



Wet air oxidation of hazardous waste, for example, occurs in a



reaction vessel, at relatively low temperatures but very



high pressure.  The requirement that a thermal treatment



process introduce waste following the achievement of steady



                            - 31 -

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state conditions is therefore not required during Interim



Status of (batch) thermal treatment processes which require



a complete thermal cycle to treat a discrete quantity of



hazardous waste.  The Agency will be reviewing the performance



of these processes and may require applicable control devices



in future regulations.



D.  Summary of the Interim Status Regulations



     As a result of comments received regarding combustion



efficiency deviations during start-up periods, the Agency



is requiring  (Section 265.403) all thermal treatment devices



during the interim status period to achieve steady state con-



ditions including temperature using auxiliary fuel or other



means before  adding hazardous waste, unless the process is a



non-continuous  (batch) thermal treatment process which requires



a complete thermal cycle to treat a discrete quantity of



hazardous waste.
                            - 32 -

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Issue #4 Analysis of Wastes

A.  Synopsis of the Proposed Regulation

     In Section 250.43(g) of the proposed General Facility

Standards, the owner/operator of any facility, including an

incinerator, was required to obtain a detailed chemical and

physical analysis of each hazardous waste stream at least

annually.  Also owners/operators were required (Section

250.43(h)) to sample each truckload of hazardous waste received

and analyze it for appearance, specific gravity, pH, and

vapor pressure.

     In the incineration section (Section 250.45-1(b)(1) (i),

(ii) and (iii)), these requirements were proposed to be

extended to trial burns by requiring analysis of:  (1) the

waste for halogens and principal hazardous components, (2)

ash and scrubber wastes for principal hazardous components,

and (3) exhaust gas for halides, CO, CO2/ 02, particulates

and principal hazardous components.

B.  Comments Received

     Most of the general comments received on these requirements

are addressed in the Background Document entitled "Waste Ana-

lysis" .  Few comments related specifically to incinerators.

These comments, also appropriate for other thermal treatment,

can be summarized as follows:

    1.  Required testing and analysis are unnecessary for
        certain wastes,  or are too expensive.

    2.  It is not clear what is to be tested and what owners/
        operators are to do with the information thus gathered.



                            - 33 -

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    3.  Site owners/operators should be able to rely on infor-
        mation in manifests, rather than duplicating work
        done by generators.

C.  Analysis and Response to the Comments and Rationale for
    the Final Regulation

     The Agency based the proposed general requirements for

making a detailed chemical and physical analysis of the

wastes on the belief that, to properly determine the adequacy

of a facility (thermal treatment process in this case) to

manage a given waste, the operator must know something about

the waste (compatibility, heating value, primary pollutants,

etc.)  However, since the necessary properties varied by

facility type (e.g., tanks, incinerators, or landfills),

the Agency did not specify exactly what should be tested

for, except in the case of incineration where halogens and

hazardous components were mandated for trial burns in order

to determine the efficiency of the incinerator to remove the

halogen and destruct the principle hazardous components.  A

number of commenters on other sections agreed with the second

commenter, i.e., that the standard did not adequately spell

out what is to be tested and what is to be done with the in-

formation obtained.  The Agency has decided to require all

facility owners or operators to develop a waste analysis

plan which will detail the characteristics of a waste which

they must know in order to adequately manage the waste.

This plan is discussed in detail in the Background Document

entitled "Waste Analysis".  However, since all owners or opera-

tors  are not equally knowledgeable, the Agency has decided


                             - 34 -

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to place minimum and more specific analytical requirements



within the facility regulation sections.  This will guarantee



that, as a minimum, owners or operators will obtain at least



rudimentary information on a new hazardous waste which will



enable them to evaluate the capability of their equipment



and techniques to properly manage it.



     For wastes to be thermally treated, the Agency will not



require trial burns during the interim status period.  The



Agency has not fully developed its test protocol and the



trial burns are fully useful only in conjunction with the



permitting process.  Nevertheless, reputable incinerator ope-



rators have found it necessary to know certain waste charac-



teristics prior to burning wastes which they have not pre-



viously burned.17,18  Based on such industry experience and



its own test burning the Agency will require thermal treatment



process operators to include the following information on



new wastes in their waste analysis plan:  heating value,



halogens, sulfur, lead, and mercury.



    Heating value analysis is necessary to determine adequate



operating parameters, such as the rate of auxiliary fuel feed.



Hydrogen chloride and sulfur dioxide are commonly recognized



air pollutants which result from combustion of wastes con-



taining chlorinated organic compounds and sulfur compounds.



Sulfur dioxide emissions are causative agents for an increa-



singly worrisome problem acid rain. Also, hydrogen halides,



particularly HCL and HF, can cause serious corrosion problems



in a thermal treatment system.  This can lead to rapid




                            - 35 -

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deterioration of the structural and operating integrity of


the thermal treatment system.


     Sampling is also required for certain heavy metals, which


are known to be hazardous, which are likely to be emitted and


for which some guidance on emission levels is available.  The


Agency has decided to require waste sampling for lead and


mercury during interim status.


     Lead is oxidized during combustion and is emitted from


uncontrolled"incinerators as particulate.19 Lead has been


found to produce an adverse effect on public health.  The


Criteria Document for lead, which served as a basis upon


which the Administrator on October 5, 1978 published a National


Ambient Air Quality Standard for lead, summarizes the relation-


ships between airborne lead and its effects on man.20'33


Lead enters the body principally through ingestion and inha-


lation with consequent absorption into the blood stream and


distribution to all body tissues.  Uncontrolled incineration


of waste containing lead can be a significant lead emission


source.  EPA established ambient air quality standards for lead


at 43 FR 46246.


     Mercury compounds vaporize readily when heated and are


emitted to the atmosphere during combustion from uncontrolled


incineration.  Mercury has been found to cause or contribute

                                                .»
to an increase in mortality or an increase in serious irrever-


sible  or incapacitating reversible illness.  On March 31,


1971, the Administrator listed mercury as one of these hazar-


dous air pollutants for which he intended to establish emission


                            - 36 -

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standards.21 The publication entitled "Background  Information

on Development of National Emission Standards for  Hazardous

Air Pollutants; Asbestos, Beryllium and Mercury" describes

the health criteria for the EPA standards for mercury.

The Agency found that mercury compound, particularly methyl

mercury to be a hazardous air pollutant.  Elemental mercury

has been shown to be carcinogenic while methyl mercury is

considered to be the most hazardous of mercury compounds.22

The National Emission Standard for Mercury, published under

the authority of Section 112 of the Clean Air Act on October 14,

1975 is applicable to stationary sources that incinerate

wastewater treatment sludge.23  The Agency may add to or modi-

fy these minimum requirements for waste analysis as more infor-

mation is received relative to their adequacy.  The permanent

status regulations (Phase II), to be promulgated later in

1980, will contain provisions to control emissions of these

pollutants.  Until that time the Agency recommends that faci-

lities consider relevant regulations under the Clean Air Act

in determining emissions levels for mercury and lead.*
                              i
     Most thermal treatment process operators find it useful

to obtain additional information such as viscosity and solids

content, but the Agency believes that certain types of faci-
* The Agency has prescribed emission limits for mercury under
  40 CFR 61.52 for incinerators of waste water treatment
  sludges and an ambient air quality standard for lead under
  43 FR 46246.  Owners and operators of incinerators and
  other thermal treatment processes should not permit  their
  incinerator to emit concentrations of lead that would
  result in an exceedance of the lead ambient air quality
  standard.

                            - 37 -

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lities would not need this information to operate safely.



Therefore, while viscosity and solids content analyses are



not required for all thermal treatment processes, where they



are relevant they must be included in the waste analysis



plan.



     These criteria are issued on an interim final basis,



but they  (like the general waste analysis requirements) will



be in effect throughout the interim status period.  The Agency



believes that the additional cost of these analyses will be



limited, since facilities already need such information for



their own safety.  On the other hand, the dangers associated



with not properly analyzing wastes prior to waste thermal



treatment are simply too high to be tolerated in the poten-



tially lengthy period prior to issuance of a permit.



     Thus, the Agency disagrees with the first comment that



basic information which will allow an evaluation of thermal



treatment and pollutant potential can be "too expensive" or



unnecessary.  The Agency has dropped the requirement for annual



analysis to reduce expense for possibly unnecessary analytical



work.  Since the requirement is for a one time analysis, the



cost, using standard laboratory analytical procedures, would



usually be less than $500.24,25



     The purpose of the second requirement, to perform some



simple analyses on each truckload, was to ensure that the



facility was actually receiving what the owner or operator



thought was being shipped, i.e., that the generator had not



made an error in the shipment or labeling.  This requirement



                            - 38 -

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is now placed in §265.13(c), the General Waste Analysis



Section.  This requirement was made necessary by the fact



that sources of waste shipments vary widely from shipment to



shipment and even with particular shipments, and that thermal



treatment process owners or operators cannot rely on information



provided by transporters and off-site waste generators. 17,18



Safe operation of the thermal treatment equipment requires a



final verification of the substance to be processed before



initiation of treatment.  This is similar to the California



regulations previously discussed.  The Agency does not,



therefore, agree with the third comment that the manifest



can be absolutely relied upon to be accurate.   Also the



manifest will not necessarily include all information needed



for proper treatment of the waste.



     The Agency agrees with the first comment,  as it may



relate to this requirement, that some of the parameters for



which analysis was proposed would simply provide superfluous



information for some facilities.  For example,  knowing vapor



pressure might not be useful for wastes to be  thermally



treated, since most wastes received may be quite volatile.



What is really needed is a "fingerprint" of each waste,



i.e., identification of waste properties which can be quickly



and easily tested for, at minimum expense, while the truck



is waiting to unload in order to ensure that the waste re-



ceived is the same as expected without major deviation.



Depending on the mix of wastes received, such  tests might



include color, texture, solids content, viscosity, and pH,



                            - 39 -

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among others.  Reputable existing facilities have found it



necessary to check each shipment to protect their equipment



and to ensure that they don't violate any existing permits.17



As a result, as part of the waste analysis plan, the Agency



is requiring during xnterim status that treatment process



owners or operators sample each shipment and analyze it



sufficiently to confirm that the waste received is the one



expected.



D.  Summary of the Final Interim Status Regulation



     As part of the waste analysis plan required by §265.13,



the owner or operator must obtain a sample of each new waste



to be incinerated and analyze it sufficiently to establish



normal combustion conditions and the potential for emissions.



(§265.375) At the minimum, this analysis must include heating



value, halogen and sulfur content, and the concentrations of



lead and mercury-



     Each shipment received must be sampled and analyzed



sufficiently to conclude that no major deviation was made in



the shipment, i.e., that the waste actually received was the



one expected.  This is required under regulations for Waste



Analysis.
                            - 40 -

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Issue #5 Instrument Monitoring and Facility Inspection

A.  Synopsis of the Proposed Regulation

     During both incinerator trial and operating burns, the

following parameters (§250.45-l(c)) were to be monitored and

recorded:

    1.  combustion temperature

    2.  exhaust gas CO and 02 concentrations continuously,
        and

    3.  waste, fuel, and excess air feed at least every 15
        minutes.

     These requirements were not proposed for the interim

status period.

B.  Summary of Comments

    1.  New equipment to monitor gas emissions (particularly
        CO) would be expensive.

    2.  15-minute inspection of waste flows is unnecessarily
        rigorous.

    3.  Points of measurement are unclear.

    4.  NOX, SOX/ CO2 should be added to the list of moni-
        tored effluents.  One commenter suggested they be
        included during interim status.

C.  Analysis of and Response to Comments and Rationale for
    the Final Regulation

     The Agency believes it unwise,  during the interim

status period to require specific monitoring equipment,

(such as the proposed continuous oxygen and carbon monoxide

instrumentation for incineration), for other thermal treat-

ment processes.  The first commenter is correct:  this equip-

ment is expensive and complex.26  The design of these

systems and their sampling locations will be the subject of


                            - 41 -

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Agency review during the permit process and, thus, it is



unwise to require their installation before that interaction



can take place.  Also lead time on purchase of this equipment



can be lengthy.  For similar reasons, the Agency does not



believe that NOX, SOX, and CC>2 measurements should be



required for thermal treatment during interim status.



     At this time, however, it appears that some of the



benefits of monitoring and inspecting can be realized simply



by requiring that thermal treatment and emission control



monitoring equipment already in place be monitored on a



regular basis and that appropriate follow-up actions be taken.



This will ensure that, within the design limitations of the



existing equipment, the thermal treatment and emission control



conditions will not be allowed to wander unmonitored and



uncontrolled.  It also seems reasonable and prudent to set



up routine inspection schedules to observe visible emissions



from the stack; monitor for fugitive emissions, odors, or



smoke; and to look for leaks, spills, and inoperative alarm



and control systems.  As discussed in the Background Document



covering inspections, routine inspections can often detect a



malfunction or operator error before it leads to a human



health or environmental incident.  The omission of these



requirements in the proposed interim status standards was an



oversight on the part of the Agency.



     EPA disagrees with the comment that a 15-minute inspec-



tion frequency for waste flow is unnecessarily rigorous.



The instruments  (or other devices) which measure the thermal



                            - 42 -

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treatment conditions (e.g., temperature) should be monitored



and corrections made as often as possible, continuously and



automatically where possible.  The relevant control points



on which the thermal treatment conditions depend in most



processes include waste feed rate and auxiliary energy supply



(e.g., fuel, microwave energy).  Variations in any of these,



or in the heating value of either the waste or the auxiliary



energy supply, can quickly lead to poor conditions for waste



destruction and to emission of incompletely destroyed wastes.



Some incinerators already have some of these control loops



(temperature via auxiliary fuel flow, for example) operating



on a continuous basis.^ The Agency encourages such continuous



control but feels that those controls and, even more importantly



any manual control loops (where the operator makes the correc-



tion) , be monitored or inspected at least every 15 minutes.



     No specific data base can demonstrate the wisdom of the



precise 15-minute frequency.  It is based on the Agency's



generalized engineering expertise and the specific knowledge



of thermal treatment operations gained in the 1975 and 1976



testing.  In some cases, where thermal treatment conditions



are subject to rapid swings, arguments can be made that more



frequent (near continuous) monitoring and control are needed.



This is, however, a facility specific situation and depends



on instrument and process design parameters, such as the



effectiveness of the instrumentation and the response period



once control changes are made.  Thus, it is more appropriately



treated during the permitting process.  Therefore, in deve-



                            - 43 -

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loping the inspection schedule required in §265.15, more



frequent monitoring and control activities should be conducted



where appropriate (see the Inspection Background Document



for discussion of Inspection schedule development).



     The 15-minute schedule is a minimum.  The Agency believes



that control loops which affect thermal treatment conditions



should not be allowed to wander out of control for longer



than that period of time.  Even where automatic control is



installed, it is necessary to check the instrumentation to



ensure that it is functioning.  The 15-minute minimum ensures



that improper conditions do not persist for longer than



that period.  The Agency feels similarly about existing



control loops which might effect emissions or which could



result in spills if out of control.  These could vary,



depending on the design of the equipment.



     All of these inspections are to be part of the Inspection



Schedule called for in Section 265.15, and significant results



are to be recorded in accordance with the provisions of that



section.  Additionally, stack emissions (if such emissions



exist) should be monitored hourly and the entire facility



inspected at least daily for leaks, spills, fugitive emissions,



odors, and smoke.  All of these discharges can result in



human health or environmental impacts if not detected early.



Control system alarms must also be inspected daily to be



sure they are functioning.



     Again, no body of information can specifically support



any given frequency.  Based on its own experience, however,



                            - 44 -

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with incinerator and other thermal treatment process tests,

the Agency believes that inspections at these frequencies

will uncover problems in time to prevent serious incidents.

Further/ the cost impact of conducting these inspections is

expected to be small, given the fact that an operator must

be on duty to run an incinerator anyway.  For further discus-

sion of the rationale for routine inspections, the reader is

referred to the Background Document on Inspections.

D.  Final Interim Status Regulations (§265.377)

     During interim status, operators are required to routinely

monitor and make appropriate corrections to the control

equipment already installed.  Similarly, in accordance with

the inspection schedule provisions of §265.15 and the

other sections dealing with facility standards (landfills,

tanks, etc.), routine inspections for malfunctions,  spills,

etc., are being required during the interim status period.

Specifically, as part of the inspection schedule, operators

must monitor:

    1.  existing (in place) thermal treatment process and
        emission control instruments and make appropriate
        corrections, to maintain steady state conditions,
        at least every 15 minutes,

    2.  stack plume/ if a stack plume exists, for normal
        appearance (opacity and color)  at least hourly,

    3.  the entire unit, daily, for leaks,  spills, fugitive
        emissions, odors, and all emergency shutdown controls
        and system alarms to assure proper  operation.
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Issue #6 Residue Management.

A.  Synopsis of the Proposed Regulation

     In the General Facility Standards (§250.43(e)) of the

proposed regulations, owners or operators of any facility were

required to consider hazardous residue generated by the treat-

ment of a hazardous waste as a hazardous waste.  Owners or

operators were required to analyze all residue from treatment

to determine if it was hazardous  (§250.45-6(1))

B.   Summary of Comments

     1.   Regulations must specifically address the disposition
          of incinerator ash.

     2.   Regulations must protect human health and the
          environment from the leachate of hazardous waste
          ash which is temporarily stored.

     3.   The California State leaching test should be used to
          determine the leaching  potential of ash from incinera-
          tion of hazardous wastes.

C.  Analysis of and Response to Comments and Rationale for
    the Final Regulation

     The Agency agrees with the first comment and has clarified

that waste  from incineration of hazardous wastes is also haz-

ardous.  This clarification is described in a comment in the

final regulations.  Section 261.3(c) and (d) should also

address the concerns of the second commenter since leachate

discharged  from the stored ash resulting from incineration

of a hazardous waste would also be a hazardous wa§te unless

either the  leachate or the ash had been tested and found not

to be hazardous in accordance with §§261.20 and 260.22.

     The Agency responded to these comments in this way

because of  difficulties in regulating toxic waste.  These

                            - 46  -

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problems are described below.



     The Agency has determined that test procedures for



identifying if a waste is a toxic waste by virtue of its



being carcinogenic, mutagenic, teratogenic, or bioaccumulative



have not been sufficiently developed for routine use by



waste generators in determining if their waste is subject to



regulation under Part 261.  As a result the toxicity charac-



teristic in Part 261 now, is limited to test procedures



that focus on the concentration in the waste of those metals



and pesticides for which there are National Primary Drinking



Water Standards.  These procedures have been sufficiently



developed and will be used by waste generators to determine



if their waste is a toxic waste and thus subject to regula-



tion.  Despite the current lack of sufficiently developed



test procedures the Agency has retained comprehensive criteria



for listing other toxic wastes including those which are



carcinogenic, mutagenic, terategenic and bioaccumulative.



Thus, many wastes are listed as hazardous because data has



shown that they are carcinogenic or otherwise toxic even



though they do not meet the characteristics in Part 261.



     This anomaly (a waste listed as hazardous for reasons



other than its meeting one of the characteristic tests in



Part 261) leads to some potentially troublesome loopholes.



For example, an owner or operator could superfically "treat"



a waste which is listed because it is carcinogenic and claim



that the "treatment" has produced a new waste.  And since



the new waste (residue from the "treatment") is not listed



                            - 47 -

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and does not contain the heavy metals or pesticides which



would cause it to fail the characteristic for toxicity in



Part 261, it would not be considered hazardous and would be



unregulated.  It might however, be just as carcinogenic as



the original waste.



     To close this loophole, the Agency has added require-



ments §261.3(c) and (d) that a solid waste is a hazardous



waste unless and until it does not possess the characteristics



of a hazardous waste or it is exempted from rules governing



listed hazardous waste (in accordance with the procedures



for petitioning the Agency to amend Part 261 to exclude a



waste produced at a particular facility (§260.20 and 260.22)).



Any solid waste generated from the treatment, storage or disposal



of a hazardous waste, including any sludge, spill residue, ash,



emission control dust or leachate is a hazardous waste



(§261.3(c)(2) unless the owner or operator shows by means of



the procedures for petitioning the agency for an exemption



(§260.20 and 260.22) that it is not hazardous.  For a more



complete analysis of these requirements, the reader is referred



to the background document dealing with the definition of



hazardous waste.



     The third comment suggested reliance on the 30-day



California leaching test.  As discussed above neither this



test nor EPA's Extraction Procedure promulgated under part



261 would not comprehensively demonstrate that ash would not



meet the criteria for being regulated as a hazardous waste.



The Agency's rationale for rejection of the California test



                            - 48 -

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is explained in the Background Document entitled "Toxicity



Characteristic."



     To be consistent with the format and requirements of the



other facility specific requirements (landfills, surface



impoundments, etc.) and the closure and post-closure require-



ments (Subpart G), Section 265.351 has been reoriented to



specify what must be done with residues at closure.  Section



265.114 of general Closure and Post-Closure requirements,



specifies that equipment must be decontaminated and Section



265.113(a) requires that remaining hazardous wastes must be



removed.  Section 265.351 amplifies and further defines



these requirements for incinerators, specifying that remaining



hazardous residues, including ash, scrubber waters, and



scrubber sludges, must be removed at closure.



D.   Summary of the Interim Status Regulation (§265.351)



     Facility owners or operators must remove any remaining



hazardous wastes and residues at closure.  A comment clarifies



that any waste or residue removed from a thermal treatment



process must be managed as a hazardous waste unless the



owner or operator can demonstrate in accordance with §261.3(c)



and (d) that it is not.
                            - 49 -

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Issue #7:  Open Burning

A.  Synopsis of the Proposed Regulation

     In Section 250.43(d) of the proposed General Facility

regulations, owners/operators were forbidden to open burn

hazardous wastes.  A "note" (variance) procedure allowed open

burning if there were no technically or economically feasible

alternatives.

B.  Comment Summary

    1.  The regulation is good, but no variances should be
        allowed since a public health hazard or environmental
        damage could ensue.

    2.  Open burning and open detonation should be allowed
        for waste ordnance or explosive wastes since:

        (a)  there is no safe alternative,

        (b)  alternatives are unnecessarily expensive, and

        (c)  it has been done safely for years.

    3.  Open burning should be allowed for wastes which are
        hazardous solely because of ignitability.

C.  Analysis and Response to Comments and Rationale for the
    Final Regulation

     The ban on open burning resulted from a common-sense

analysis of the potential air emissions associated with simple

lighting of ignitable hazardous wastes.  The variance  (note)

was added chiefly to allow the disposal of waste explosives.

and propellants in the open.  This has been the common prac-

tice for disposal of obsolete ordnance, with no kstown damage

incidents indicating adverse health or environmental effects

caused by emissions.
                             - 50 -

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     The Agency's data base in this area is poor.  Common



sense leads one to conclude, as the first commenters have,



that open burning of anything cannot be environmentally



sound and many of these explosive materials contain very



exotic chemicals, some of which are probably toxic.  However,



the military's claim appears valid.  It is very dangerous to



cut or dissassemble large propellants and explosive wastes



so that the waste is amenable to present thermal treatment



technology, and there are significant human and environmental



damage associated with alternatives.  27,28  Damage cases



are primarily associated with processing and handling steps



and not with the emissions from open burning or detonation



of waste explosives.28



     The Agency is aware that the Department of Defense



(DOD). working to develop alternatives to open burning or



detonation, has designed and built several incinerators



and associated equipment to manage some of these ordnance



wastes in a controlled manner.  It is the Agency's understanding



that equipment does not yet exist to safely disassemble all



ordnance, particularly bulk ordnance and missile propellants



and that the effectiveness of the new incinerators is not fully



proven. 27^28  Therefore, the Agency has decided to allow open



burning and detonation of waste explosives during the interim



status period, provided it is conducted at minimum separation



distances adapted from standards developed and published by



the Department of Defense. 29,30,31  These standards require



small amounts (up to 100 pounds) of explosives to be at a



                            - 51 -

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minimum of 204 meters (670 feet) from locations where there



may be persons in the open, and succeedingly greater distances



for greater explosive amounts.  These limits were developed



by DOD as minimum safe distances for the protection of persons



j.n the open from fragmentation, flying debris, or the effects



of blast overpressure.  Since DOD does not provide safe dis-



tances for protection from fragmentation for larger amounts



of explosive waste than 30,000 pounds, the Agency has limited



the amount of explosive waste that can be burned at any one



time to 30,000 pounds.  The Agency is requiring that separation



distances be measured from the open burn area to the "property



of others" since the owners or operators cannot assume or



control the absence of persons beyond these limits.



     The Agency will be monitoring the progress of the on-



going development of safe alternatives, and may propose



additional regulations at a later time.



     One commenter suggested that wastes which are hazardous



solely because of their ignitability can be safely open burned,



since any emissions would not be hazardous.  Open burning of



most material including ignitable waste can lead to clouds



of smolce and often to odors, neither of which are environmen-



tally tolerable.  In addition, many wastes listed as hazardous



because of their ignitability may never have been subjected
                                                  i^


to further testing necessary to determine whether they



might release toxic constituents when burned or whether



they might be hazardous for reasons in addition to their



ignitability.  For example even non-hazardous wastes, such



                            - 52 -

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as plastics, when burned, produce NOX/ SOX/ and CO, which



are common pollutants, and some may produce even more hazar-



dous compounds.  Finally, to allow open burning of such



wastes would be inconsistent with the ban on open burning of



non-hazardous solid wastes recently promulgated by the



Agency.32  That regulation also makes the interim final



imposition of this rule appropriate for the interim status



period.  Therefore, the Agency will not allow open burning



of ignitable wastes or any other hazardous waste except for



the open burning and detonation of explosives and bulk



propellants under proper conditions.



D.  Final Interim Status Regulations



     The proposed ban on open burning has been incorporated



into these interim status standards for thermal treatment.



Waste explosives and bulk propellants may be open burned or



detonated, however, at the specified minimum separation



distances from the property of others.
                            - 53 -

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IV.  TEXT OF INTERIM STATUS STANDARDS



                Subpart P - Thermal Treatment



§265.370   Applicability



     The regulations in this Subpart apply to owners or opera-



tors of facilities that thermally treat hazardous waste in



devices other than incinerators, except as §265.1 provides



otherwise.  Thermal treatment in incinerators is subject to



the requirements of Subpart O.



§265.371 [Reserved]



§265.372 [Reserved]



§265.373 General Operating Requirements[Interim Final]



     Before adding hazardous waste, the owner or operator



must bring his thermal treatment process to steady state



(normal) conditions of operation—including steady state



operating temperature—using auxiliary fuel or other means,



unless the process is a non-continuous (batch) thermal treat-



ment process which requires a complete thermal cycle to treat



a discrete quantity of hazardous waste.



§265.374 [Reserved]



§265.375  Waste Analysis [Interim Final]



     In addition to the waste analysis required by §265.13,



the owner or operator must sufficiently analyze any waste



which he has not previously treated in his thermal treatment



process to enable him to establish steady state (normal)



or other appropriate (for a non-continuous process) operating



conditions (including waste and auxiliary fuel feed), and to








                            - 54 -

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determine the type of pollutants which might be emitted.  At



a minimum, the analysis must determine:



     (a)   Heating value of the waste in the waste; and



     (b)   Halogen content and sulfur content;



     (c)   Concentrations in the waste of lead and mercury,



     unless the owner or operator has written, documented data



     that show that the element is not present.



[Comment;  As required by §265.73, the owner or operator



must place the results from each waste analysis, or the



documented information, in the operating record of the



facility. ]



§265.376 [Reserved]



1265.377  Monitoring and Inspections [Interim Final]



     The owner or operator must conduct, as a minimum, the



following monitoring and inspections when thermally treating



hazardous waste:



     (l)   Existing instruments which relate to temperature



     and emission control (if an emission control device is



     present) must be monitored at least every 15 minutes.



     Appropriate corrections to maintain steady state or



     other appropriate thermal treatment conditions must be



     made immediately either automatically or by the operator.



     Instruments which relate to temperature and emission



     control would normally include those measuring waste



     feed,  auxiliary fuel feed, treatment process temperature,



     and relevant process flow and level controls.








                            - 55 -

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     (2)    The stack plume (emissions) where present, must be



     observed visually at least hourly for normal appearance



     (color and opacity).  The operator must immediately



     make any indicated operating corrections necessary to



     return any visible emissions to their normal appearance.



     (3)    The complete thermal treatment process and asso-



     ciated equipment (pumps, valves, conveyors, pipes, etc.)



     must be inspected for leaks, spills, and fugitive emis-



     sions, and all energency shutdown controls and system



     alarms must be checked to assure proper operation.



[§265.378 - 265.380 Reserved]



§265.381  Closure [Interim Final]



     At closure, the owner/operator must remove all hazardous



waste and hazardous waste residues (including, but not limited



to, ash)  from the thermal treatment process or equipment.



[Comment:  At closure, as throughout the operating period



unless the owner or operator can demonstrate, in accordance



with §26l.3(c) or (d) of this Chapter, that any solid waste



removed from his thermal treatment process or equipment is



not a hazardous waste, the owner or operator becomes a hazar-



dous waste generator and must manage it in accordance with



all applicable requirements of Parts 262, 263, and 265 of



this Chapter,]
                              - 56 -

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265.382  Open burning; waste explosives [Interim Final]

     Open burning of hazardous waste is prohibited except for

the open burning and detonation of waste explosives.  Waste

explosives include waste which has the potential to detonate

and bulk military propellants which cannot safely be disposed

of through other modes of treatment.  Detonation is an

explosion in which chemical transformation passes through

the material faster than the speed of sound (0.33 kilometers/

second at sea level).  Owners or operators choosing to open

burn or detonate waste explosives must do so in accordance

with the following table and in a manner that does not threaten

human health or the environment.
     Pounds Of Waste
     Explosives Or
     Propellants	
         0
       101
     1,001
    10,001
100
1,000
10,000
30,000
Minimum Distance From
Open Burn/Detonation To
The Property Of Others

 204 meters (670 feet)
 380 meters (1250 feet)
 530 meters (1730 feet)
 690 meters (2260 feet)
[§§265.383  -  265.399 Reserved]
                            - 57 -

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                           REFERENCES
 1.   Destroying Chemical Wastes in Commercial Scale Incine-
     ration, Phase II Fxnal Report, NTIS No. PB 278-816, 1978.

 2.   Ibid, p. 4.

 3.   Assessment of Hazardous Waste Practices in the Petroleum
     Refining Industry, NTIS No. PB-259-097.

 4.   Determination of Incinerator Operating Conditions Neces-
     sary for Safe Disposal of Pesticides, EPA-600-/2-75-041,
     NTIS No. PB251-131/AS, p. 65.

 5.   Hegener, W- and J. Heidman, Connecticut DEP, to A. Giles,
     Environmental Protection Specialist, USEPA, Personal
     Communication, February 1975.

 6.   Kim, Y. J., USEPA Region V, to E. Grumpier, Environmental
     Engineer, USEPA, Personal Communication, November 9, 1979.

 7.   Kaufman, H. B., Manager, Damage Assessment Program, USEPA
     to J. P. Lehman, Director, Hazardous Waste Management
     Division, USEPA, "Declaring Seymour Recycling Company Faci-
     lity and Confines as an Imminent Hazard under 7003 of the
     RCRA of 1976", April 15, 1978.  Unpublished Memo.

 8.   Gallay, D., Chicago Dept. of Energy and Environmental
     Protection, to E. Grumpier, Environmental Engineer, USEPA,
     Personal Communication, December 6, 1979.

 9.   Fancy, C., N.Y. Dept. of Environmental Conservation, to
     E. Grumpier, Environmental Engineer, USEPA, Personal
     Communication, November 28, 1979.

10.   40 CFR 60, Subparts E and 0.

11.   Polychlorinated Biphenyls, Criteria Modifications, CFR
     761.40, Incineration, FR(44), May 31, 1979.

12.   Wisconsin "Administrative Rules for Air Pollution Control",
     Act 250 of 1965 as amended and Act 348 of 1965 as amended.

13.   Arkansas Solid Waste Disposal Code, Act 237, 1971.

14.   Requirements for Management of Hazardous and Extremely
     Hazardous Wastes, Article 6, Chapter 2, Division 4, Title
     22, California Department of Health.


                             - 58 -

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                     REFERENCES (Continued)


15.  Chapter 75 Solid Waste Management Rules and Regulations;
     Authority PL 788 of 1968, (NO. 243) §6, (35 P.S.  §6006)
     [Pennsylvania].

16.  Moon, D. K., Rollins Environmental Services, Inc. to  D.
     A. Oberacker, Senior Mechanical Engineer, USEPA;  Personal
     Communication, November 8, 1979.

17-  Sernyake, R., Rollins Environmental Services, Inc. to D.
     A. Oberaker, Senior Mechanical Engineer, USEPA7 Personal
     Communication, November 8, 1979.

18.  Trapp, J., City of Cincinnati to D. A. Oberaker,  Senior
     Mechanical Engineer, USEPA,  Personal Communication,
     November 9,  1979.

19.  Standard Support and Environmental Impact Statement,
     National Ambient Air Quality Standard for Lead,  Emissions,
     MTR RPT No.  7525, September 1978.

20.  Air Quality Criteria for Lead, PB - 280 411/OBE   1978.

21.  Federal Register, Volume 36,  No 62, March 31, 1971, 5931.

22.  Background Information on Development of National Emission
     Standards for Hazardous Air Pollutants:  Asbestos, Beryl-
     lium, and Mercury APTD-1563,  p. 58.

23.  40 CFR 61.50, National Emission Standard for Mercury.

24.  Trapp, J., City of Cincinnati, to D. A. Oberacker, Senior
     Mechanical Engineer, USEPA,  Personal Communication,
     January 10,  1980.

25.  Moon, D., Rollins Environmental Services,  Inc.,  to E.
     Grumpier, Environmental Engineer, USEPA, Personal Communi-
     cation, January 10, 1980.

26.  Smith, J., Teledyne Inc., to D. A. Oberaker, Senior Mechani-
     cal Engineer, USEPA, Personal Communication, December  12, 1979.

27-  Meeting Minutes, Department of Defense/EPA Meetings on
     RCRA, A. W.  Lindsey, Chief,  Implementation Branch, HWMD,
     USEPA to J.  P. Lehman, USEPA, Director, Hazardous Waste
     Management Division, Unpublished Memo, May 30, 1978.
                             - 59 -

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                     REFERENCES  (Concluded)

28.  Trip Report; Demonstration  of Open Burning of Waste Ord-
     nance, Naval Ordnance Station, Indian Head, Maryland, J.
     Howard Beard III to Stephen A. Lingle, Hazardous and  Indus-
     trial Waste Division, USEPA, March 13, 1980.

29.  Department of Defense, Contractors Safety Manual for
     Ammunition, Explosives, and Other Related Dangerous
     Materials, October 1968.

30.  Department of Defense, DOD  Ammunition and Explosives
     Safety Standards, DOD 5154.45, January 1978.

31.  Department of Defense, DOD  Ammunition and Explosives  Safety
     Standards, DOD 5154.45, Interim Change 1, -August 29,  1979.

32.  40 CFR Part 257, Criteria for Classification of Solid
     Waste Disposal Facilities and Practices  44 Fed. Reg.,
     Vol.  179, September 13, 1979.

33.  Federal Register, Volume 43, No. 194, October 5, 1978,
     pages 46246 to 46277.
                              - 60  -

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