CERA
United Slate*
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9441.15(84)
TITLE: Existing and Proposed Regulations Addressing RCRA's
Jverage of Incinerators that Receive Gaseous
Emissions.
•
APPROVAL DATE: 7-31-84
EFFECTIVE DATE: 7-31-84
ORIGINATING OFFICE: office of solid waste
0 FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or DAA
D B — Signed by Office Director
D C — Review & Comment
REFERENCE (other documents):
• WER OS \NER OS WER
DIRECTIVE DIRECTIVE Dl
-------
PART 261 SUBPART A - GENERAL DOC: 9441.15(84)
Key Words: Exclusion, Incineration
Regulations: 40 CFR 261.2(a)(2); Preamble to Final Incinerator Rules,
June 1982
Subject: Existing and Proposed Regulations Addressing RCRA's Coverage
of Incinerators that Receive Gaseous Emissions.
Addressee: James H. Scarbrough, Chief Residuals Management Branch, Region IV
Originator: John H. Skinner, Director Office of Solid Waste
Source Doc: #9441.15(84)
Date: 7-31-84
Summary:
Previous guidance states that the feed to fume incinerators are subject
to regulation only under the Clean Air Act and not under RCRA since these
gaseous emissions are not solid wastes.
However, as indicated in the Federal Register (49 FR 5314, February 10,
1984) EPA is reconsidering this position. In particular, in a proposal to list
light end vent gases from the production of chlorinated aliphatic hydrocarbons,
EPA stated that gaseous emissions which are condensable to liquids at standard
temperature and pressure can be subject to regulation under RCRA.
Until the Agency makes a final determination on this issue, any
incinerator that just receives gaseous emissions would be excluded from control
under RCRA.
-------
9441.15 (84)
7 3 _ ;(/
EMO RAN bUM
SUBJECT: Igr%itabillty Characteristic A. lication to Hot
Gaseous Process iaaions
PkOig John li. Bkinner, Director
Office of Solid Waste
ros James H. 8carbrough, Chief
Residuals Hanagement Branch, Reyjon IV
In your June 27, 1984, memorandum you requested our guidance
as to whether the hazardous determination of a waste is or is not
Supposed to be made at standard temperature and pressure or
whether this determination is to be made in the form (i.e., gas,
solid, liquid) that it is generated.
In particular, you raised concerns about the destruction ot
materials in fume incinerators and aryued that facilities could
avoid regulation by simply not condensjnç vent gas and overhead
emissions. You also argued that 5261.71(a)(2) states that
wastes which are not liquid. must be evaluated for the ignitability
characteristic at Standard temperature and pressure.
At the facility in question, the generator had been
condensjn the gaseous emissions and feeding them along with
other gaseous wastes into an incinerator, Those gaseous
•missjon won previously Condensed prior to treatment in a fuxne
incinerator. This same facility now plans to fled uncondensed
reactor vent gases directly to the fume incinerator (i.e.,
will, not be Condensing the gases and will only De sending
gaseous emissions to the incinerator).
As you may be aware, our office previously addressed
this issue when we finalized the incinerator rugulation in
June of 1982. In the preamble to that rule, we said that the
teed to tu.’ne incinerators are subject to reyulation oni uncer
the Clean Air Act and not under RCRA since tnese aseous
enjssjons are not soiju wdstes (see 47FR 275.30, June 24,
19a2). In particular, we Stated:
-------
.7
—‘SPA agrees with Co enters that fume incinerator 5
are subject only to regulation under the Clean Air
Act and does not intend that the Parts 264 md 265
regulations apply to these faciljtj , 5 . Fume incinerators
which are used to destroy gaseo emissions from
variou, industrial processes, for example, are not
subject to r.gu]ation under RCRA. In general, the
RCRA standards do flOt apply to fum. incineration
since the input is not identifiable as a solid
waste, according to the def&njtjon set forth
in $261.2.
However, we recently indicated in the edera1 Register
(49 FR 5314, February io, 1984) that we are re—considering this
position, In particular, in a proposa l to list light end vent
gases from the production of chlorinated aliphatic hydrocarbon.,
we stated that gaseous smissio , which are condensabi. to
liquids at standard temperatur, and pressure can be subject
to regulation and would not be included in the exclusion of
gaseous materials under RCRA (see Section 1004(28)). See
preamble to proposaj where we state:
‘..•• The light •nds component of these overheads
is in fact liquids at standard temperature and
pressure, but bCSUSO of •l .v&t .d temperature and
and adnixtur. with gases (e. , hydrogen, Methane)
they require some form of hysicaj Condensation to
be isolated as liquids .,, ,
The Agency consider, these light •nda to be solid
wastes Within the meaning of Section 1004(28) of
RCRA, A.lthough these wastes azs gen.rats4 as gases,
they are liquids at Standard temperature and
pressure, and can feasibly be Cofldefl 5ed to the
liquid phase after generation.
The exclusion from RCRA of ‘gaseous materials’ that
are not contained (Section 1004(28)), in the Ajjency’s
view, applies only to true gases, namely thoa.
which are not capable of being CondenSed and which
remain gases at standard t•aprature and pressure.
Therefore, uMti]. we decide whether and how to finalize
the proposal, we must defer a final answer to your question.
In the interim, however, any incinerator that just receives
gaseous emissions would be excluded from control under RCRA,
a stated in the preamble to the final incinerator rules,
At the same time, you Should be aware that the rules may
Change and that incinerators that receive gaseous emissions,
which are liquids at standard tec1 erature and pressure, may
be subject to-regulation in the tuture,
If you have any further questions, please call Matt Straus
of my staff at 475—bs51.
hH_ 5 628/CJENKINS/pes/ 4 75 —8551,/7_31_84j, is CJ9
4_( Q F\ftc’ p ’c• /)A/QA QC
------- |