40 C.F.R. §§ 270.13–270.22

10 sections in range

§270.13. Contents of part A of the permit application.

40 C.F.R. § 270.13

Part A of the RCRA application shall include the following information:

(a)

The activities conducted by the applicant which require it to obtain a permit under RCRA.

(b)

Name, mailing address, and location, including latitude and longitude of the facility for which the application is submitted.

(c)

Up to four SIC codes which best reflect the principal products or services provided by the facility.

(d)

The operator's name, address, telephone number, ownership status, and status as Federal, State, private, public, or other entity.

(e)

The name, address, and phone number of the owner of the facility.

(f)

Whether the facility is located on Indian lands.

(g)

An indication of whether the facility is new or existing and whether it is a first or revised application.

(h)

For existing facilities, (1) a scale drawing of the facility showing the location of all past, present, and future treatment, storage, and disposal areas; and (2) photographs of the facility clearly delineating all existing structures; existing treatment, storage, and disposal areas; and sites of future treatment, storage, and disposal areas.

(i)

A description of the processes to be used for treating, storing, and disposing of hazardous waste, and the design capacity of these items.

(j)

A specification of the hazardous wastes listed or designated under 40 CFR part 261 to be treated, stored, or disposed of at the facility, an estimate of the quantity of such wastes to be treated, stored, or disposed annually, and a general description of the processes to be used for such wastes.

(k)

A listing of all permits or construction approvals received or applied for under any of the following programs:

(1)

Hazardous Waste Management program under RCRA.

(2)

UIC program under the SWDA.

(3)

NPDES program under the CWA.

(4)

Prevention of Significant Deterioration (PSD) program under the Clean Air Act.

(5)

Nonattainment program under the Clean Air Act.

(6)

National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act.

(7)

Ocean dumping permits under the Marine Protection Research and Sanctuaries Act.

(8)

Dredge or fill permits under section 404 of the CWA.

(9)

Other relevant environmental permits, including State permits.

(l)

A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within 1/4 mile of the facility property boundary.

(m)

A brief description of the nature of the business.

(n)

For hazardous debris, a description of the debris category(ies) and contaminant category(ies) to be treated, stored, or disposed of at the facility.

Notes, amendments, and revision history

Amendments

[48 FR 14228, Apr. 1, 1983, as amended at 57 FR 37281, Aug. 18, 1992; 71 FR 40279, July 14, 2006]

Authority

Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.

Source

Source: 48 FR 14228, Apr. 1, 1983, unless otherwise noted.

Amendments

[48 FR 14228, Apr. 1, 1983, as amended at 57 FR 37281, Aug. 18, 1992; 71 FR 40279, July 14, 2006]

§270.14. Contents of part B: General requirements.

40 C.F.R. § 270.14

(a)

Part B of the permit application consists of the general information requirements of this section, and the specific information requirements in §§ 0.14 through 270.29 applicable to the facility. The part B information requirements presented in §§ 270.14 through 270.29 reflect the standards promulgated in 40 CFR part 264. These information requirements are necessary in order for EPA to determine compliance with the part 264 standards. If owners and operators of HWM facilities can demonstrate that the information prescribed in part B can not be provided to the extent required, the Director may make allowance for submission of such information on a case-by-case basis. Information required in part B shall be submitted to the Director and signed in accordance with the requirements in § 270.11. Certain technical data, such as design drawings and specifications, and engineering studies shall be certified by a qualified Professional Engineer. For post-closure permits, only the information specified in § 270.28 is required in part B of the permit application.

(b)

General information requirements. The following information is required for all HWM facilities, except as § 264.1 provides otherwise:

(1)

A general description of the facility.

(2)

Chemical and physical analyses of the hazardous waste and hazardous debris to be handled at the facility. At a minimum, these analyses shall contain all the information which must be known to treat, store, or dispose of the wastes properly in accordance with part 264 of this chapter.

(3)

A copy of the waste analysis plan required by § 264.13(b) and, if applicable § 264.13(c).

(4)

A description of the security procedures and equipment required by § 264.14, or a justification demonstrating the reasons for requesting a waiver of this requirement.

(5)

A copy of the general inspection schedule required by § 264.15(b) of this part. Include where applicable, as part of the inspection schedule, specific requirements in §§ 264.174, 264.193(i), 264.195, 264.226, 264.254, 264.273, 264.303, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, 264.1084, 264.1085, 264.1086, and 264.1088 of this part.

(6)

A justification of any request for a waiver(s) of the preparedness and prevention requirements of part 264, subpart C.

(7)

A copy of the contingency plan required by part 264, subpart D. Note: Include, where applicable, as part of the contingency plan, specific requirements in §§ 264.227, 264.255, and 264.200.

(8)

A description of procedures, structures, or equipment used at the facility to—

(i)

Prevent hazards in unloading operations (for example, ramps, special forklifts);

(ii)

Prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding (for example, berms, dikes, trenches);

(iii)

Prevent contamination of water supplies;

(iv)

Mitigate effects of equipment failure and power outages;

(v)

Prevent undue exposure of personnel to hazardous waste (for example, protective clothing); and

(vi)

Prevent releases to atmosphere.

(9)

A description of precautions to prevent accidental ignition or reaction of ignitable, reactive, or incompatible wastes as required to demonstrate compliance with § 264.17 including documentation demonstrating compliance with § 264.17(c).

(10)

Traffic pattern, estimated volume (number, types of vehicles) and control (for example, show turns across traffic lanes, and stacking lanes (if appropriate); describe access road surfacing and load bearing capacity; show traffic control signals).

(11)

Facility location information;

(i)

In order to determine the applicability of the seismic standard [§ 264.18(a)] the owner or operator of a new facility must identify the political jurisdiction (e.g., county, township, or election district) in which the facility is proposed to be located.

(ii)

If the facility is proposed to be located in an area listed in appendix VI of part 264, the owner or operator shall demonstrate compliance with the seismic standard. This demonstration may be made using either published geologic data or data obtained from field investigations carried out by the applicant. The information provided must be of such quality to be acceptable to geologists experienced in identifying and evaluating seismic activity. The information submitted must show that either:

(A)

No faults which have had displacement in Holocene time are present, or no lineations which suggest the presence of a fault (which have displacement in Holocene time) within 3,000 feet of a facility are present, based on data from:

(1) Published geologic studies,

(2) Aerial reconnaissance of the area within a five-mile radius from the facility.

(3) An analysis of aerial photographs covering a 3,000 foot radius of the facility, and

(4) If needed to clarify the above data, a reconnaissance based on walking portions of the area within 3,000 feet of the facility, or

(B)

If faults (to include lineations) which have had displacement in Holocene time are present within 3,000 feet of a facility, no faults pass within 200 feet of the portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted, based on data from a comprehensive geologic analysis of the site. Unless a site analysis is otherwise conclusive concerning the absence of faults within 200 feet of such portions of the facility data shall be obtained from a subsurface exploration (trenching) of the area within a distance no less than 200 feet from portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted. Such trenching shall be performed in a direction that is perpendicular to known faults (which have had displacement in Holocene time) passing within 3,000 feet of the portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted. Such investigation shall document with supporting maps and other analyses, the location of faults found.

(iii)

Owners and operators of all facilities shall provide an identification of whether the facility is located within a 100-year floodplain. This identification must indicate the source of data for such determination and include a copy of the relevant Federal Insurance Administration (FIA) flood map, if used, or the calculations and maps used where an FIA map is not available. Information shall also be provided identifying the 100-year flood level and any other special flooding factors (e.g., wave action) which must be considered in designing, constructing, operating, or maintaining the facility to withstand washout from a 100-year flood.

(iv)

Owners and operators of facilities located in the 100-year floodplain must provide the following information:

(A)

Engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as consequence of a 100-year flood.

(B)

Structural or other engineering studies showing the design of operational units (e.g., tanks, incinerators) and flood protection devices (e.g., floodwalls, dikes) at the facility and how these will prevent washout.

(C)

If applicable, and in lieu of paragraphs (b)(11)(iv) (A) and (B) of this section, a detailed description of procedures to be followed to remove hazardous waste to safety before the facility is flooded, including:

(1) Timing of such movement relative to flood levels, including estimated time to move the waste, to show that such movement can be completed before floodwaters reach the facility.

(2) A description of the location(s) to which the waste will be moved and demonstration that those facilities will be eligible to receive hazardous waste in accordance with the regulations under parts 270, 271, 124, and 264 through 266 of this chapter.

(3) The planned procedures, equipment, and personnel to be used and the means to ensure that such resources will be available in time for use.

(4) The potential for accidental discharges of the waste during movement.

(v)

Existing facilities NOT in compliance with § 264.18(b) shall provide a plan showing how the facility will be brought into compliance and a schedule for compliance.

(12)

An outline of both the introductory and continuing training programs by owners or operators to prepare persons to operate or maintain the HWM facility in a safe manner as required to demonstrate compliance with § 264.16. A brief description of how training will be designed to meet actual job tasks in accordance with requirements in § 264.16(a)(3).

(13)

A copy of the closure plan and, where applicable, the post-closure plan required by §§ 264.112, 264.118, and 264.197. Include, where applicable, as part of the plans, specific requirements in §§ 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601, and 264.603.

(14)

For hazardous waste disposal units that have been closed, documentation that notices required under § 264.119 have been filed.

(15)

The most recent closure cost estimate for the facility prepared in accordance with § 264.142 and a copy of the documentation required to demonstrate financial assurance under § 264.143. For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the part B.

(16)

Where applicable, the most recent post-closure cost estimate for the facility prepared in accordance with § 264.144 plus a copy of the documentation required to demonstrate financial assurance under § 264.145. For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the part B.

(17)

Where applicable, a copy of the insurance policy or other documentation which comprises compliance with the requirements of § 264.147. For a new facility, documentation showing the amount of insurance meeting the specification of § 264.147(a) and, if applicable, § 264.147(b), that the owner or operator plans to have in effect before initial receipt of hazardous waste for treatment, storage, or disposal. A request for a variance in the amount of required coverage, for a new or existing facility, may be submitted as specified in § 264.147(c).

(18)

Where appropriate, proof of coverage by a State financial mechanism in compliance with § 264.149 or § 264.150.

(19)

A topographic map showing a distance of 1,000 feet around the facility at a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet). Contours must be shown on the map. The contour interval must be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). Owners and operators of HWM facilities located in mountainous areas should use large contour intervals to adequately show topographic profiles of facilities. The map shall clearly show the following:

(i)

Map scale and date.

(ii)

100-year floodplain area.

(iii)

Surface waters including intermittent streams.

(iv)

Surrounding land uses (residential, commercial, agricultural, recreational).

(v)

A wind rose (i.e., prevailing wind-speed and direction).

(vi)

Orientation of the map (north arrow).

(vii)

Legal boundaries of the HWM facility site.

(viii)

Access control (fences, gates).

(ix)

Injection and withdrawal wells both on-site and off-site.

(x)

Buildings; treatment, storage, or disposal operations; or other structure (recreation areas, runoff control systems, access and internal roads, storm, sanitary, and process sewerage systems, loading and unloading areas, fire control facilities, etc.)

(xi)

Barriers for drainage or flood control.

(xii)

Location of operational units within the HWM facility site, where hazardous waste is (or will be) treated, stored, or disposed (include equipment cleanup areas).

(20)

Applicants may be required to submit such information as may be necessary to enable the Regional Administrator to carry out his duties under other Federal laws as required in § 270.3 of this part.

(21)

For land disposal facilities, if a case-by-case extension has been approved under § 268.5 or a petition has been approved under § 268.6, a copy of the notice of approval for the extension or petition is required.

(22)

A summary of the pre-application meeting, along with a list of attendees and their addresses, and copies of any written comments or materials submitted at the meeting, as required under § 124.31(c).

(c)

Additional information requirements. The following additional information regarding protection of groundwater is required from owners or operators of hazardous waste facilities containing a regulated unit except as provided in § 264.90(b) of this chapter:

(1)

A summary of the ground-water monitoring data obtained during the interim status period under §§ 265.90 through 265.94, where applicable.

(2)

Identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property, including ground-water flow direction and rate, and the basis for such identification (i.e., the information obtained from hydrogeologic investigations of the facility area).

(3)

On the topographic map required under paragraph (b)(19) of this section, a delineation of the waste management area, the property boundary, the proposed “point of compliance” as defined under § 264.95, the proposed location of ground-water monitoring wells as required under § 264.97, and, to the extent possible, the information required in paragraph (c)(2) of this section.

(4)

A description of any plume of contamination that has entered the ground water from a regulated unit at the time that the application was submitted that:

(i)

Delineates the extent of the plume on the topographic map required under paragraph (b)(19) of this section;

(ii)

Identifies the concentration of each appendix IX, of part 264 of this chapter, constituent throughout the plume or identifies the maximum concentrations of each appendix IX constituent in the plume.

(5)

Detailed plans and an engineering report describing the proposed ground water monitoring program to be implemented to meet the requirements of § 264.97.

(6)

If the presence of hazardous constituents has not been detected in the ground water at the time of permit application, the owner or operator must submit sufficient information, supporting data, and analyses to establish a detection monitoring program which meets the requirements of § 264.98. This submission must address the following items specified under § 264.98:

(i)

A proposed list of indicator parameters, waste constituents, or reaction products that can provide a reliable indication of the presence of hazardous constituents in the ground water;

(ii)

A proposed ground-water monitoring system;

(iii)

Background values for each proposed monitoring parameter or constituent, or procedures to calculate such values; and

(iv)

A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground-water monitoring data.

(7)

If the presence of hazardous constituents has been detected in the ground water at the point of compliance at the time of the permit application, the owner or operator must submit sufficient information, supporting data, and analyses to establish a compliance monitoring program which meets the requirements of § 264.99. Except as provided in § 264.98(h)(5), the owner or operator must also submit an engineering feasibility plan for a corrective action program necessary to meet the requirements of § 264.100, unless the owner or operator obtains written authorization in advance from the Regional Administrator to submit a proposed permit schedule for submittal of such a plan. To demonstrate compliance with § 264.99, the owner or operator must address the following items:

(i)

A description of the wastes previously handled at the facility;

(ii)

A characterization of the contaminated ground water, including concentrations of hazardous constituents;

(iii)

A list of hazardous constituents for which compliance monitoring will be undertaken in accordance with §§ 264.97 and 264.99;

(iv)

Proposed concentration limits for each hazardous constituent, based on the criteria set forth in § 264.94(a), including a justification for establishing any alternate concentration limits;

(v)

Detailed plans and an engineering report describing the proposed ground-water monitoring system, in accordance with the requirements of § 264.97; and

(vi)

A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground-water monitoring data.

(8)

If hazardous constituents have been measured in the ground water which exceed the concentration limits established under § 264.94 Table 1, or if ground water monitoring conducted at the time of permit application under §§ 265.90 through 265.94 at the waste boundary indicates the presence of hazardous constituents from the facility in ground water over background concentrations, the owner or operator must submit sufficient information, supporting data, and analyses to establish a corrective action program which meets the requirements of § 264.100. However, an owner or operator is not required to submit information to establish a corrective action program if he demonstrates to the Regional Administrator that alternate concentration limits will protect human health and the environment after considering the criteria listed in § 264.94(b). An owner or operator who is not required to establish a corrective action program for this reason must instead submit sufficient information to establish a compliance monitoring program which meets the requirements of § 264.99 and paragraph (c)(6) of this section. To demonstrate compliance with § 264.100, the owner or operator must address, at a minimum, the following items:

(i)

A characterization of the contaminated ground water, including concentrations of hazardous constituents;

(ii)

The concentration limit for each hazardous constituent found in the ground water as set forth in § 264.94;

(iii)

Detailed plans and an engineering report describing the corrective action to be taken; and

(iv)

A description of how the ground-water monitoring program will demonstrate the adequacy of the corrective action.

(v)

The permit may contain a schedule for submittal of the information required in paragraphs (c)(8) (iii) and (iv) provided the owner or operator obtains written authorization from the Regional Administrator prior to submittal of the complete permit application.

(d)

Information requirements for solid waste management units.

(1)

The following information is required for each solid waste management unit at a facility seeking a permit:

(i)

The location of the unit on the topographic map required under paragraph (b)(19) of this section.

(ii)

Designation of type of unit.

(iii)

General dimensions and structural description (supply any available drawings).

(iv)

When the unit was operated.

(v)

Specification of all wastes that have been managed at the unit, to the extent available.

(2)

The owner or operator of any facility containing one or more solid waste management units must submit all available information pertaining to any release of hazardous wastes or hazardous constituents from such unit or units.

(3)

The owner/operator must conduct and provide the results of sampling and analysis of groundwater, landsurface, and subsurface strata, surface water, or air, which may include the installation of wells, where the Director ascertains it is necessary to complete a RCRA Facility Assessment that will determine if a more complete investigation is necessary.

Notes, amendments, and revision history

Amendments

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983]

Authority

Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.

Source

Source: 48 FR 14228, Apr. 1, 1983, unless otherwise noted.

Amendments

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983]

§270.15. Specific part B information requirements for containers.

40 C.F.R. § 270.15

Except as otherwise provided in § 264.170, owners or operators of facilities that store containers of hazardous waste must provide the following additional information:

(a)

A description of the containment system to demonstrate compliance with § 264.175. Show at least the following:

(1)

Basic design parameters, dimensions, and materials of construction.

(2)

How the design promotes drainage or how containers are kept from contact with standing liquids in the containment system.

(3)

Capacity of the containment system relative to the number and volume of containers to be stored.

(4)

Provisions for preventing or managing run-on.

(5)

How accumulated liquids can be analyzed and removed to prevent overflow.

(b)

For storage areas that store containers holding wastes that do not contain free liquids, a demonstration of compliance with § 264.175(c), including:

(1)

Test procedures and results or other documentation or information to show that the wastes do not contain free liquids; and

(2)

A description of how the storage area is designed or operated to drain and remove liquids or how containers are kept from contact with standing liquids.

(c)

Sketches, drawings, or data demonstrating compliance with § 264.176 (location of buffer zone and containers holding ignitable or reactive wastes) and § 264.177(c) (location of incompatible wastes), where applicable.

(d)

Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to ensure compliance with §§ 264.177 (a) and (b), and 264.17 (b) and (c).

(e)

Information on air emission control equipment as required in § 270.27.

Notes, amendments, and revision history

Amendments

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983; 59 FR 62952, Dec. 6, 1994]

Authority

Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.

Source

Source: 48 FR 14228, Apr. 1, 1983, unless otherwise noted.

Amendments

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983; 59 FR 62952, Dec. 6, 1994]

§270.16. Specific part B information requirements for tank systems.

40 C.F.R. § 270.16

Except as otherwise provided in § 264.190, owners and operators of facilities that use tanks to store or treat hazardous waste must provide the following additional information:

(a)

A written assessment that is reviewed and certified by a qualified Professional Engineer as to the structural integrity and suitability for handling hazardous waste of each tank system, as required under §§ 264.191 and 264.192 of this chapter;

(b)

Dimensions and capacity of each tank;

(c)

Description of feed systems, safety cutoff, bypass systems, and pressure controls (e.g., vents);

(d)

A diagram of piping, instrumentation, and process flow for each tank system;

(e)

A description of materials and equipment used to provide external corrosion protection, as required under § 264.192(a)(3)(ii);

(f)

For new tank systems, a detailed description of how the tank system(s) will be installed in compliance with § 264.192 (b), (c), (d), and (e);

(g)

Detailed plans and description of how the secondary containment system for each tank system is or will be designed, constructed, and operated to meet the requirements of § 264.193 (a), (b), (c), (d), (e), and (f);

(h)

For tank systems for which a variance from the requirements of § 264.193 is sought (as provided by §§ 264.193(g)):

(1)

Detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous waste or hazardous constituents into the ground water or surface water during the life of the facility, or

(2)

A detailed assessment of the substantial present or potential hazards posed to human health or the environment should a release enter the environment.

(i)

Description of controls and practices to prevent spills and overflows, as required under § 264.194(b); and

(j)

For tank systems in which ignitable, reactive, or incompatible wastes are to be stored or treated, a description of how operating procedures and tank system and facility design will achieve compliance with the requirements of §§ 264.198 and 264.199.

(k)

Information on air emission control equipment as required in § 270.27.

Notes, amendments, and revision history

Amendments

[51 FR 25486, July 14, 1986; 51 FR 29431, Aug. 15, 1986; 59 FR 62952, Dec. 6, 1994; 71 FR 16914, Apr. 4, 2006]

Authority

Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.

Source

Source: 48 FR 14228, Apr. 1, 1983, unless otherwise noted.

Amendments

[51 FR 25486, July 14, 1986; 51 FR 29431, Aug. 15, 1986; 59 FR 62952, Dec. 6, 1994; 71 FR 16914, Apr. 4, 2006]

§270.17. Specific part B information requirements for surface impoundments.

40 C.F.R. § 270.17

Except as otherwise provided in § 264.1, owners and operators of facilities that store, treat or dispose of hazardous waste in surface impoundments must provide the following additional information:

(a)

A list of the hazardous wastes placed or to be placed in each surface impoundment;

(b)

Detailed plans and an engineering report describing how the surface impoundment is designed and is or will be constructed, operated, and maintained to meet the requirements of §§ 264.19, 264.221, 264.222, and 264.223 of this chapter, addressing the following items:

(1)

The liner system (except for an existing portion of a surface impoundment). If an exemption from the requirement for a liner is sought as provided by § 264.221(b), submit detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;

(2)

The double liner and leak (leachate) detection, collection, and removal system, if the surface impoundment must meet the requirements of § 264.221(c) of this chapter. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by § 264.221 (d), (e), or (f) of this chapter, submit appropriate information;

(3)

If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system;

(4)

The construction quality assurance (CQA) plan if required under § 264.19 of this chapter;

(5)

Proposed action leakage rate, with rationale, if required under § 264.222 of this chapter, and response action plan, if required under § 264.223 of this chapter;

(6)

Prevention of overtopping; and

(7)

Structural integrity of dikes;

(c)

A description of how each surface impoundment, including the double liner system, leak detection system, cover system, and appurtenances for control of overtopping, will be inspected in order to meet the requirements of § 264.226(a), (b), and (d) of this chapter. This information must be included in the inspection plan submitted under § 270.14(b)(5);

(d)

A certification by a qualified engineer which attests to the structural integrity of each dike, as required under § 264.226(c). For new units, the owner or operator must submit a statement by a qualified engineer that he will provide such a certification upon completion of construction in accordance with the plans and specifications;

(e)

A description of the procedure to be used for removing a surface impoundment from service, as required under § 264.227(b) and (c). This information should be included in the contingency plan submitted under § 270.14(b)(7);

(f)

A description of how hazardous waste residues and contaminated materials will be removed from the unit at closure, as required under § 264.228(a)(1). For any wastes not to be removed from the unit upon closure, the owner or operator must submit detailed plans and an engineering report describing how § 264.228(a)(2) and (b) will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under § 270.14(b)(13);

(g)

If ignitable or reactive wastes are to be placed in a surface impoundment, an explanation of how § 264.229 will be complied with;

(h)

If incompatible wastes, or incompatible wastes and materials will be placed in a surface impoundment, an explanation of how § 264.230 will be complied with.

(i)

A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing how the surface impoundment is or will be designed, constructed, operated, and maintained to meet the requirements of § 264.231. This submission must address the following items as specified in § 264.231:

(1)

The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(2)

The attenuative properties of underlying and surrounding soils or other materials;

(3)

The mobilizing properties of other materials co-disposed with these wastes; and

(4)

The effectiveness of additional treatment, design, or monitoring techniques.

(j)

Information on air emission control equipment as required in § 270.27.

Notes, amendments, and revision history

Amendments

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 FR 28752, July 15, 1985; 57 FR 3495, Jan. 29, 1992; 59 FR 62952, Dec. 6, 1994; 71 FR 40279, July 14, 2006]

Authority

Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.

Source

Source: 48 FR 14228, Apr. 1, 1983, unless otherwise noted.

Amendments

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 FR 28752, July 15, 1985; 57 FR 3495, Jan. 29, 1992; 59 FR 62952, Dec. 6, 1994; 71 FR 40279, July 14, 2006]

§270.18. Specific part B information requirements for waste piles.

40 C.F.R. § 270.18

Except as otherwise provided in § 264.1, owners and operators of facilities that store or treat hazardous waste in waste piles must provide the following additional information:

(a)

A list of hazardous wastes placed or to be placed in each waste pile;

(b)

If an exemption is sought to § 264.251 and subpart F of part 264 as provided by § 264.250(c) or § 264.90(b)(2), an explanation of how the standards of § 264.250(c) will be complied with or detailed plans and an engineering report describing how the requirements of § 264.90(b)(2) will be met.

(c)

Detailed plans and an engineering report describing how the waste pile is designed and is or will be constructed, operated, and maintained to meet the requirements of §§ 264.19, 264.251, 264.252, and 264.253 of this chapter, addressing the following items:

(1)

(i)

The liner system (except for an existing portion of a waste pile), if the waste pile must meet the requirements of § 264.251(a) of this chapter. If an exemption from the requirement for a liner is sought as provided by § 264.251(b) of this chapter, submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;

(ii)

The double liner and leak (leachate) detection, collection, and removal system, if the waste pile must meet the requirements of § 264.251(c) of this chapter. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by § 264.251(d), (e), or (f) of this chapter, submit appropriate information;

(iii)

(iv)

The construction quality assurance (CQA) plan if required under § 264.19 of this chapter;

(v)

Proposed action leakage rate, with rationale, if required under § 264.252 of this chapter, and response action plan, if required under § 264.253 of this chapter;

(2)

Control of run-on;

(3)

Control of run-off;

(4)

Management of collection and holding units associated with run-on and run-off control systems; and

(5)

Control of wind dispersal of particulate matter, where applicable;

(d)

A description of how each waste pile, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of § 264.254(a), (b), and (c) of this chapter. This information must be included in the inspection plan submitted under § 270.14(b)(5);

(e)

If treatment is carried out on or in the pile, details of the process and equipment used, and the nature and quality of the residuals;

(f)

If ignitable or reactive wastes are to be placed in a waste pile, an explanation of how the requirements of § 264.256 will be complied with;

(g)

If incompatible wastes, or incompatible wastes and materials will be placed in a waste pile, an explanation of how § 264.257 will be complied with;

(h)

A description of how hazardous waste residues and contaminated materials will be removed from the waste pile at closure, as required under § 264.258(a). For any waste not to be removed from the waste pile upon closure, the owner or operator must submit detailed plans and an engineering report describing how § 264.310 (a) and (b) will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under § 270.14(b)(13).

(i)

A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing how a waste pile that is not enclosed (as defined in § 264.250(c)) is or will be designed, constructed, operated, and maintained to meet the requirements of § 264.259. This submission must address the following items as specified in § 264.259:

(1)

The volume, physical, and chemical characteristics of the wastes to be disposed in the waste pile, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(2)

The attenuative properties of underlying and surrounding soils or other materials;

(3)

The mobilizing properties of other materials co-disposed with these wastes; and

(4)

The effectiveness of additional treatment, design, or monitoring techniques.

Notes, amendments, and revision history

Amendments

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 FR 28752, July 15, 1985; 57 FR 3496, Jan. 29, 1992; 71 FR 40279, July 14, 2006]

Authority

Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.

Source

Source: 48 FR 14228, Apr. 1, 1983, unless otherwise noted.

Amendments

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 FR 28752, July 15, 1985; 57 FR 3496, Jan. 29, 1992; 71 FR 40279, July 14, 2006]

§270.19. Specific part B information requirements for incinerators.

40 C.F.R. § 270.19

Except as § 264.340 of this Chapter and § 270.19(e) provide otherwise, owners and operators of facilities that incinerate hazardous waste must fulfill the requirements of paragraphs (a), (b), or (c) of this section.

(a)

When seeking an exemption under § 264.340 (b) or (c) of this chapter (Ignitable, corrosive, or reactive wastes only):

(1)

Documentation that the waste is listed as a hazardous waste in part 261, subpart D of this chapter, solely because it is ignitable (Hazard Code I) or corrosive (Hazard Code C) or both; or

(2)

Documentation that the waste is listed as a hazardous waste in part 261, subpart D of this chapter, solely because it is reactive (Hazard Code R) for characteristics other than those listed in § 261.23(a) (4) and (5) of this chapter, and will not be burned when other hazardous wastes are present in the combustion zone; or

(3)

Documentation that the waste is a hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous waste under part 261, subpart C of this chapter; or

(4)

Documentation that the waste is a hazardous waste solely because it possesses the reactivity characteristics listed in § 261.23(a) (1), (2), (3), (6), (7), or (8) of this chapter, and that it will not be burned when other hazardous wastes are present in the combustion zone; or

(b)

Submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with § 270.62; or

(c)

In lieu of a trial burn, the applicant may submit the following information:

(1)

An analysis of each waste or mixture of wastes to be burned including—

(i)

Heat value of the waste in the form and composition in which it will be burned.

(ii)

Viscosity (if applicable), or description of physical form of the waste.

(iii)

An identification of any hazardous organic constituents listed in part 261, appendix VIII, of this chapter, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in part 261, appendix VIII, of this chapter which would reasonably not be expected to be found in the waste. The constituents excluded from analysis must be identified and the basis for their exclusion stated. The waste analysis must rely on appropriate analytical techniques.

(iv)

An approximate quantification of the hazardous constituents identified in the waste, within the precision produced by appropriate analytical methods.

(v)

A quantification of those hazardous constituents in the waste which may be designated as POHC's based on data submitted from other trial or operational burns which demonstrate compliance with the performance standards in § 264.343 of this chapter.

(2)

A detailed engineering description of the incinerator, including—

(i)

Manufacturer's name and model number of incinerator.

(ii)

Type of incinerator.

(iii)

Linear dimension of incinerator unit including cross sectional area of combustion chamber.

(iv)

Description of auxiliary fuel system (type/feed).

(v)

Capacity of prime mover.

(vi)

Description of automatic waste feed cutoff system(s).

(vii)

Stack gas monitoring and pollution control monitoring system.

(viii)

Nozzle and burner design.

(ix)

Construction materials.

(x)

Location and description of temperature, pressure, and flow indicating devices and control devices.

(3)

A description and analysis of the waste to be burned compared with the waste for which data from operational or trial burns are provided to support the contention that a trial burn is not needed. The data should include those items listed in paragraph (c)(1) of this section. This analysis should specify the POHC's which the applicant has identified in the waste for which a permit is sought, and any differences from the POHC's in the waste for which burn data are provided.

(4)

The design and operating conditions of the incinerator unit to be used, compared with that for which comparative burn data are available.

(5)

A description of the results submitted from any previously conducted trial burn(s) including—

(i)

Sampling and analysis techniques used to calculate performance standards in § 264.343 of this chapter,

(ii)

Methods and results of monitoring temperatures, waste feed rates, carbon monoxide, and an appropriate indicator of combustion gas velocity (including a statement concerning the precision and accuracy of this measurement),

(6)

The expected incinerator operation information to demonstrate compliance with §§ 264.343 and 264.345 of this chapter including:

(i)

Expected carbon monoxide (CO) level in the stack exhaust gas.

(ii)

Waste feed rate.

(iii)

Combustion zone temperature.

(iv)

Indication of combustion gas velocity.

(v)

Expected stack gas volume, flow rate, and temperature.

(vi)

Computed residence time for waste in the combustion zone.

(vii)

Expected hydrochloric acid removal efficiency.

(viii)

Expected fugitive emissions and their control procedures.

(ix)

Proposed waste feed cut-off limits based on the identified significant operating parameters.

(7)

Such supplemental information as the Director finds necessary to achieve the purposes of this paragraph.

(8)

Waste analysis data, including that submitted in paragraph (c)(1) of this section, sufficient to allow the Director to specify as permit Principal Organic Hazardous Constituents (permit POHC's) those constituents for which destruction and removal efficiencies will be required.

(d)

The Director shall approve a permit application without a trial burn if he finds that:

(1)

The wastes are sufficiently similar; and

(2)

The incinerator units are sufficiently similar, and the data from other trial burns are adequate to specify (under § 264.345 of this chapter) operating conditions that will ensure that the performance standards in § 264.343 of this chapter will be met by the incinerator.

(e)

When an owner or operator of a hazardous waste incineration unit becomes subject to RCRA permit requirements after October 12, 2005, or when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the air emission standards and limitations in part 63, subpart EEE, of this chapter (i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under §§ 63.1207(j) and 63.1210(d) of this chapter documenting compliance with all applicable requirements of part 63, subpart EEE, of this chapter), the requirements of this section do not apply, except those provisions the Director determines are necessary to ensure compliance with §§ 264.345(a) and 264.345(c) of this chapter if you elect to comply with § 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events. Nevertheless, the Director may apply the provisions of this section, on a case-by-case basis, for purposes of information collection in accordance with §§ 270.10(k), 270.10(l), 270.32(b)(2), and 270.32(b)(3).

Notes, amendments, and revision history

Amendments

[48 FR 14228, Apr. 1, 1983, as amended at 58 FR 46051, Aug. 31, 1993; 64 FR 53076, Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 67 FR 77692, Dec. 19, 2002; 70 FR 34590, June 14, 2005; 70 FR 59577, Oct. 12, 2005]

Authority

Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.

Source

Source: 48 FR 14228, Apr. 1, 1983, unless otherwise noted.

Amendments

§270.20. Specific part B information requirements for land treatment facilities.

40 C.F.R. § 270.20

Except as otherwise provided in § 264.1, owners and operators of facilities that use land treatment to dispose of hazardous waste must provide the following additional information:

(a)

A description of plans to conduct a treatment demonstration as required under § 264.272. The description must include the following information;

(1)

The wastes for which the demonstration will be made and the potential hazardous constituents in the waste;

(2)

The data sources to be used to make the demonstration (e.g., literature, laboratory data, field data, or operating data);

(3)

Any specific laboratory or field test that will be conducted, including:

(i)

The type of test (e.g., column leaching, degradation);

(ii)

Materials and methods, including analytical procedures;

(iii)

Expected time for completion;

(iv)

Characteristics of the unit that will be simulated in the demonstration, including treatment zone characteristics, climatic conditions, and operating practices.

(b)

A description of a land treatment program, as required under § 264.271. This information must be submitted with the plans for the treatment demonstration, and updated following the treatment demonstration. The land treatment program must address the following items:

(1)

The wastes to be land treated;

(2)

Design measures and operating practices necessary to maximize treatment in accordance with § 264.273(a) including:

(i)

Waste application method and rate;

(ii)

Measures to control soil pH;

(iii)

Enhancement of microbial or chemical reactions;

(iv)

Control of moisture content;

(3)

Provisions for unsaturated zone monitoring, including—

(i)

Sampling equipment, procedures, and frequency;

(ii)

Procedures for selecting sampling locations;

(iii)

Analytical procedures;

(iv)

Chain of custody control;

(v)

Procedures for establishing background values;

(vi)

Statistical methods for interpreting results;

(vii)

The justification for any hazardous constituents recommended for selection as principal hazardous constituents, in accordance with the criteria for such selection in § 264.278(a);

(4)

A list of hazardous constituents reasonably expected to be in, or derived from, the wastes to be land treated based on waste analysis performed pursuant to § 264.13;

(5)

The proposed dimensions of the treatment zone;

(c)

A description of how the unit is or will be designed, constructed, operated, and maintained in order to meet the requirements of § 264.273. This submission must address the following items:

(1)

Control of run-on;

(2)

Collection and control of run-off;

(3)

Minimization of run-off of hazardous constituents from the treatment zone;

(4)

Management of collection and holding facilities associated with run-on and run-off control systems;

(5)

Periodic inspection of the unit. This information should be included in the inspection plan submitted under § 270.14(b)(5);

(6)

Control of wind dispersal of particulate matter, if applicable;

(d)

If food-chain crops are to be grown in or on the treatment zone of the land treatment unit, a description of how the demonstration required under § 264.276(a) will be conducted including:

(1)

Characteristics of the food-chain crop for which the demonstration will be made.

(2)

Characteristics of the waste, treatment zone, and waste application method and rate to be used in the demonstration;

(3)

Procedures for crop growth, sample collection, sample analysis, and data evaluation;

(4)

Characteristics of the comparison crop including the location and conditions under which it was or will be grown;

(e)

If food-chain crops are to be grown, and cadmium is present in the land-treated waste, a description of how the requirements of § 264.276(b) will be complied with;

(f)

A description of the vegetative cover to be applied to closed portions of the facility, and a plan for maintaining such cover during the post-closure care period, as required under §§ 264.280(a)(8) and 264.280(c)(2). This information should be included in the closure plan and, where applicable, the post-closure care plan submitted under § 270.14(b)(13);

(g)

If ignitable or reactive wastes will be placed in or on the treatment zone, an explanation of how the requirements of § 264.281 will be complied with;

(h)

If incompatible wastes, or incompatible wastes and materials, will be placed in or on the same treatment zone, an explanation of how § 264.282 will be complied with.

(i)

A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing how a land treatment facility is or will be designed, constructed, operated, and maintained to meet the requirements of § 264.283. This submission must address the following items as specified in § 264.283:

(1)

The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(2)

The attenuative properties of underlying and surrounding soils or other materials;

(3)

The mobilizing properties of other materials co-disposed with these wastes; and

(4)

The effectiveness of additional treatment, design, or monitoring techniques.

Notes, amendments, and revision history

Amendments

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 71 FR 40279, July 14, 2006]

Authority

Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.

Source

Source: 48 FR 14228, Apr. 1, 1983, unless otherwise noted.

Amendments

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 71 FR 40279, July 14, 2006]

§270.21. Specific part B information requirements for landfills.

40 C.F.R. § 270.21

Except as otherwise provided in § 264.1, owners and operators of facilities that dispose of hazardous waste in landfills must provide the following additional information:

(a)

A list of the hazardous wastes placed or to be placed in each landfill or landfill cell;

(b)

Detailed plans and an engineering report describing how the landfill is designed and is or will be constructed, operated, and maintained to meet the requirements of §§ 264.19, 264.301, 264.302, and 264.303 of this chapter, addressing the following items:

(1)

(i)

The liner system (except for an existing portion of a landfill), if the landfill must meet the requirements of § 264.301(a) of this chapter. If an exemption from the requirement for a liner is sought as provided by § 264.301(b) of this chapter, submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;

(ii)

The double liner and leak (leachate) detection, collection, and removal system, if the landfill must meet the requirements of § 264.301(c) of this chapter. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by § 264.301(d), (e), or (f) of this chapter, submit appropriate information;

(iii)

(iv)

The construction quality assurance (CQA) plan if required under § 264.19 of this chapter;

(v)

Proposed action leakage rate, with rationale, if required under § 264.302 of this chapter, and response action plan, if required under § 264.303 of this chapter;

(2)

Control of run-on;

(3)

Control of run-off;

(4)

Management of collection and holding facilities associated with run-on and run-off control systems; and

(5)

Control of wind dispersal of particulate matter, where applicable;

(c)

A description of how each landfill, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of § 264.303(a), (b), and (c) of this chapter. This information must be included in the inspection plan submitted under § 270.14(b)(5);

(d)

A description of how each landfill, including the liner and cover systems, will be inspected in order to meet the requirements of § 264.303 (a) and (b). This information should be included in the inspection plan submitted under § 270.14(b)(5).

(e)

Detailed plans and an engineering report describing the final cover which will be applied to each landfill or landfill cell at closure in accordance with § 264.310(a), and a description of how each landfill will be maintained and monitored after closure in accordance with § 264.310(b). This information should be included in the closure and post-closure plans submitted under § 270.14(b)(13).

(f)

If ignitable or reactive wastes will be landfilled, an explanation of how the standards of § 264.312 will be complied with;

(g)

If incompatible wastes, or incompatible wastes and materials will be landfilled, an explanation of how § 264.313 will be complied with;

(h)

If bulk or non-containerized liquid waste or wastes containing free liquids is to be landfilled prior to May 8, 1985, an explanation of how the requirements of § 264.314(a) will be complied with;

(i)

If containers of hazardous waste are to be landfilled, an explanation of how the requirements of § 264.315 or § 264.316, as applicable, will be complied with.

(j)

A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing how a landfill is or will be designed, constructed, operated, and maintained to meet the requirements of § 264.317. This submission must address the following items as specified in § 264.317:

(1)

The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(2)

The attenuative properties of underlying and surrounding soils or other materials;

(3)

The mobilizing properties of other materials co-disposed with these wastes; and

(4)

The effectiveness of additional treatment, design, or monitoring techniques.

Notes, amendments, and revision history

Amendments

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 FR 28752, July 15, 1985; 57 FR 3496, Jan. 29, 1992]

Authority

Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.

Source

Source: 48 FR 14228, Apr. 1, 1983, unless otherwise noted.

Amendments

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 FR 28752, July 15, 1985; 57 FR 3496, Jan. 29, 1992]

§270.22. Specific part B information requirements for boilers and industrial furnaces burning hazardous waste.

40 C.F.R. § 270.22

When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace becomes subject to RCRA permit requirements after October 12, 2005, or when an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in part 63, subpart EEE, of this chapter (i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under §§ 63.1207(j) and 63.1210(d) of this chapter documenting compliance with all applicable requirements of part 63, subpart EEE, of this chapter), the requirements of this section do not apply. The requirements of this section do apply, however, if the Director determines certain provisions are necessary to ensure compliance with §§ 266.102(e)(1) and 266.102(e)(2)(iii) of this chapter if you elect to comply with § 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events; or if you are an area source and elect to comply with the §§ 266.105, 266.106, and 266.107 standards and associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non-mercury metals; or the Director determines certain provisions apply, on a case-by-case basis, for purposes of information collection in accordance with §§ 270.10(k), 270.10(l), 270.32(b)(2), and 270.32(b)(3).

(a)

Trial burns—

(1)

General. Except as provided below, owners and operators that are subject to the standards to control organic emissions provided by § 266.104 of this chapter, standards to control particulate matter provided by § 266.105 of this chapter, standards to control metals emissions provided by § 266.106 of this chapter, or standards to control hydrogen chloride or chlorine gas emissions provided by § 266.107 of this chapter must conduct a trial burn to demonstrate conformance with those standards and must submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with § 270.66.

(i)

A trial burn to demonstrate conformance with a particular emission standard may be waived under provisions of §§ 266.104 through 266.107 of this chapter and paragraphs (a)(2) through (a)(5) of this section; and

(ii)

The owner or operator may submit data in lieu of a trial burn, as prescribed in paragraph (a)(6) of this section.

(2)

Waiver of trial burn for DRE—

(i)

Boilers operated under special operating requirements. When seeking to be permitted under §§ 266.104(a)(4) and 266.110 of this chapter that automatically waive the DRE trial burn, the owner or operator of a boiler must submit documentation that the boiler operates under the special operating requirements provided by § 266.110 of this chapter.

(ii)

Boilers and industrial furnaces burning low risk waste. When seeking to be permitted under the provisions for low risk waste provided by §§ 266.104(a)(5) and 266.109(a) of this chapter that waive the DRE trial burn, the owner or operator must submit:

(A)

Documentation that the device is operated in conformance with the requirements of § 266.109(a)(1) of this chapter.

(B)

Results of analyses of each waste to be burned, documenting the concentrations of nonmetal compounds listed in appendix VIII of part 261 of this chapter, except for those constituents that would reasonably not be expected to be in the waste. The constituents excluded from analysis must be identified and the basis for their exclusion explained. The analysis must rely on appropriate analytical techniques.

(C)

Documentation of hazardous waste firing rates and calculations of reasonable, worst-case emission rates of each constituent identified in paragraph (a)(2)(ii)(B) of this section using procedures provided by § 266.109(a)(2)(ii) of this chapter.

(D)

Results of emissions dispersion modeling for emissions identified in paragraphs (a)(2)(ii)(C) of this section using modeling procedures prescribed by § 266.106(h) of this chapter. The Director will review the emission modeling conducted by the applicant to determine conformance with these procedures. The Director will either approve the modeling or determine that alternate or supplementary modeling is appropriate.

(E)

Documentation that the maximum annual average ground level concentration of each constituent identified in paragraph (a)(2)(ii)(B) of this section quantified in conformance with paragraph (a)(2)(ii)(D) of this section does not exceed the allowable ambient level established in appendices IV or V of part 266. The acceptable ambient concentration for emitted constituents for which a specific Reference Air Concentration has not been established in appendix IV or Risk-Specific Dose has not been established in appendix V is 0.1 micrograms per cubic meter, as noted in the footnote to appendix IV.

(3)

Waiver of trial burn for metals. When seeking to be permitted under the Tier I (or adjusted Tier I) metals feed rate screening limits provided by § 266.106 (b) and (e) of this chapter that control metals emissions without requiring a trial burn, the owner or operator must submit:

(i)

Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;

(ii)

Documentation of the concentration of each metal controlled by § 266.106 (b) or (e) of this chapter in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of each metal;

(iii)

Documentation of how the applicant will ensure that the Tier I feed rate screening limits provided by § 266.106 (b) or (e) of this chapter will not be exceeded during the averaging period provided by that paragraph;

(iv)

Documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by § 266.106 (b)(3) through (b)(5) of this chapter;

(v)

Documentation of compliance with the provisions of § 266.106(b)(6), if applicable, for facilities with multiple stacks;

(vi)

Documentation that the facility does not fail the criteria provided by § 266.106(b)(7) for eligibility to comply with the screening limits; and

(vii)

Proposed sampling and metals analysis plan for the hazardous waste, other fuels, and industrial furnace feed stocks.

(4)

Waiver of trial burn for particulate matter. When seeking to be permitted under the low risk waste provisions of § 266.109(b) which waives the particulate standard (and trial burn to demonstrate conformance with the particulate standard), applicants must submit documentation supporting conformance with paragraphs (a)(2)(ii) and (a)(3) of this section.

(5)

Waiver of trial burn for HCl and Cl— 2. When seeking to be permitted under the Tier I (or adjusted Tier I) feed rate screening limits for total chloride and chlorine provided by § 266.107 (b)(1) and (e) of this chapter that control emissions of hydrogen chloride (HCl) and chlorine gas (Cl2) without requiring a trial burn, the owner or operator must submit:

(i)

Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;

(ii)

Documentation of the levels of total chloride and chlorine in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of total chloride and chlorine;

(iii)

Documentation of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate screening limits provided by § 266.107 (b)(1) or (e) of this chapter will not be exceeded during the averaging period provided by that paragraph;

(iv)

(v)

Documentation of compliance with the provisions of § 266.107(b)(4), if applicable, for facilities with multiple stacks;

(vi)

Documentation that the facility does not fail the criteria provided by § 266.107(b)(3) for eligibility to comply with the screening limits; and

(vii)

Proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feedstocks.

(6)

Data in lieu of trial burn. The owner or operator may seek an exemption from the trial burn requirements to demonstrate conformance with §§ 266.104 through 266.107 of this chapter and § 270.66 by providing the information required by § 270.66 from previous compliance testing of the device in conformance with § 266.103 of this chapter, or from compliance testing or trial or operational burns of similar boilers or industrial furnaces burning similar hazardous wastes under similar conditions. If data from a similar device is used to support a trial burn waiver, the design and operating information required by § 270.66 must be provided for both the similar device and the device to which the data is to be applied, and a comparison of the design and operating information must be provided. The Director shall approve a permit application without a trial burn if he finds that the hazardous wastes are sufficiently similar, the devices are sufficiently similar, the operating conditions are sufficiently similar, and the data from other compliance tests, trial burns, or operational burns are adequate to specify (under § 266.102 of this chapter) operating conditions that will ensure conformance with § 266.102(c) of this chapter. In addition, the following information shall be submitted:

(i)

For a waiver from any trial burn—

(A)

A description and analysis of the hazardous waste to be burned compared with the hazardous waste for which data from compliance testing, or operational or trial burns are provided to support the contention that a trial burn is not needed;

(B)

The design and operating conditions of the boiler or industrial furnace to be used, compared with that for which comparative burn data are available; and

(C)

Such supplemental information as the Director finds necessary to achieve the purposes of this paragraph.

(ii)

For a waiver of the DRE trial burn, the basis for selection of POHCs used in the other trial or operational burns which demonstrate compliance with the DRE performance standard in § 266.104(a) of this chapter. This analysis should specify the constituents in appendix VIII, part 261 of this chapter, that the applicant has identified in the hazardous waste for which a permit is sought, and any differences from the POHCs in the hazardous waste for which burn data are provided.

(b)

Alternative HC limit for industrial furnaces with organic matter in raw materials. Owners and operators of industrial furnaces requesting an alternative HC limit under § 266.104(f) of this chapter shall submit the following information at a minimum:

(1)

Documentation that the furnace is designed and operated to minimize HC emissions from fuels and raw materials;

(2)

Documentation of the proposed baseline flue gas HC (and CO) concentration, including data on HC (and CO) levels during tests when the facility produced normal products under normal operating conditions from normal raw materials while burning normal fuels and when not burning hazardous waste;

(3)

Test burn protocol to confirm the baseline HC (and CO) level including information on the type and flow rate of all feedstreams, point of introduction of all feedstreams, total organic carbon content (or other appropriate measure of organic content) of all nonfuel feedstreams, and operating conditions that affect combustion of fuel(s) and destruction of hydrocarbon emissions from nonfuel sources;

(4)

Trial burn plan to—

(i)

Demonstrate that flue gas HC (and CO) concentrations when burning hazardous waste do not exceed the baseline HC (and CO) level; and

(ii)

Identify the types and concentrations of organic compounds listed in appendix VIII, part 261 of this chapter, that are emitted when burning hazardous waste in conformance with procedures prescribed by the Director;

(5)

Implementation plan to monitor over time changes in the operation of the facility that could reduce the baseline HC level and procedures to periodically confirm the baseline HC level; and

(6)

Such other information as the Director finds necessary to achieve the purposes of this paragraph.

(c)

Alternative metals implementation approach. When seeking to be permitted under an alternative metals implementation approach under § 266.106(f) of this chapter, the owner or operator must submit documentation specifying how the approach ensures compliance with the metals emissions standards of § 266.106(c) or (d) and how the approach can be effectively implemented and monitored. Further, the owner or operator shall provide such other information that the Director finds necessary to achieve the purposes of this paragraph.

(d)

Automatic waste feed cutoff system. Owners and operators shall submit information describing the automatic waste feed cutoff system, including any pre-alarm systems that may be used.

(e)

Direct transfer. Owners and operators that use direct transfer operations to feed hazardous waste from transport vehicles (containers, as defined in § 266.111 of this chapter) directly to the boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by § 266.111 of this chapter.

(f)

Residues. Owners and operators that claim that their residues are excluded from regulation under the provisions of § 266.112 of this chapter must submit information adequate to demonstrate conformance with those provisions.

Notes, amendments, and revision history

Amendments

[56 FR 7235, Feb. 21, 1991; 56 FR 32691, July 17, 1991, as amended at 64 FR 53077, Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 67 FR 77692, Dec. 19, 2002; 70 FR 34590, June 14, 2005; 70 FR 59577, Oct. 12, 2005]