SPECIAL CONSOLIDATED CHECKLIST 
	for the
	Burning of Hazardous Waste in Boilers and Industrial Furnaces
	as of December 31, 2002

Notes:  1)  This checklist consolidates changes to the Federal code addressed by the following Boilers and Industrial Furnaces (BIF) checklists that have occurred through June 30, 2002:

$	Revision Checklist 85 [56 FR 7134 (February 21, 1991)];
$	Revision Checklist 94 [56 FR 32688 (July 17, 1991)];
$	Revision Checklist 96 [56 FR 42504 (August 27, 1991)];
$	Revision Checklist 98 [56 FR 43874 (September 5, 1991)];
$	Revision Checklist 111 [57 FR 38558 (August 25, 1992)];
$	Revision Checklist 114 [57 FR 44999 (September 30, 1992)];	
$	Revision Checklist 127 [58 FR 59598 (November 9, 1993)]; and
$	Revision Checklist 164 [63 FR 18504 (April 15, 1998)].

This checklist also includes applicable changes made to the Federal code addressed by the following checklists that are not BIF checklists, but which contain revisions to provisions included in the BIFs program, through December 31, 2002:

$	Revision Checklist 105 [57 FR 27880 (June 22, 1992)];
$	Revision Checklist 110 [57 FR 37284 (August 18, 1992)];
$	Revision Checklist 112 [57 FR 41566 (September 10, 1992)];
$	Revision Checklist 125 [58 FR 38816 (July 20, 1993)];
$	Revision Checklist 135 [59 FR 38536 (July 28, 1994)];
$	Revision Checklist 137 [59 FR 47982 (September 19, 1994, 60 FR 242 (January 3, 1995)];
$	Revision Checklist142B [60 FR 25492 (May 11, 1995)];
$	Revision Checklist 144 [60 FR 33912-33915 (June 29, 1995)];
$	Revision Checklist 169 [63 FR 42110 (August 6, 1998), 63 FR 54356 (October 9, 1998)]; 
$	Revision Checklist 182 [64 FR 52828 (September 30, 1999), 64 FR 63209 (November 19, 1999)]
$	Revision Checklist 197 [67 FR 6792 (February 13, 2002)];
$	Revision Checklist 198 [67 FR 6968 (February 14, 2002)]; and
$	Revision Checklist 202 [67 FR 77687 (December 19, 2002)]

Note that the final rule addressed by Revision Checklist 125 was promulgated pursuant to the Clean Air Act, rather than the Resource Conservation and Recovery Act, and primarily amends regulations in 40 CFR Parts 51 and 52.  However, this rule also makes conforming changes to 40 CFR Parts 260 and 266 to ensure that the guidelines for air quality modeling and screening for boilers and industrial furnaces burning hazardous waste are consistent with the guidelines in 40 CFR Part 51.  Note that States do not have to adopt the changes to 40 CFR Parts 51 and 52 to make the Part 260 and 266 changes.  Rather, States should reference Appendix W, Part 51 at 266.104(e)(3) and 266.106(h).  EPA's Office of Solid Waste is treating the changes made by the Air rule to 40 CFR Parts 260 and 266 as HSWA provisions because they amend the BIF regulations promulgated under HSWA.

2)  Note that the regulations addressed by this checklist typically do not make a distinction between the various types of burning devices.  However, the provisions in the regulations as they apply to sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc incinerators are considered to be non-HSWA requirements, while the regulations as they apply to all other types of burning devices are HSWA provisions.  EPA will implement the HSWA requirements in authorized States until the States modify their programs and such modifications are approved by EPA.  The non-HSWA requirements are applicable only in those States which are unauthorized.  In authorized States, the non-HSWA requirements will not be applicable until the States revise their programs to adopt equivalent requirements under State law.

3)  Revision Checklist 98 addresses an administrative stay of the permitting standards for BIFs adopted pursuant to the February 21, 1991 (56 FR 7134; Revision Checklist 85) final rule as it applies to coke ovens burning certain hazardous wastes from the coke by-products recovery process.  This administrative stay has been removed by Revision Checklist 105 (57 FR 27880; June 22, 1992) and therefore, should not be adopted by States.

4)  Although Revision Checklist 127 is designated as optional, EPA strongly recommends that States adopt the less stringent requirements of this administrative stay because the nonmetal limits affected by the stay are extremely conservative and were based on unintended mistaken assumptions.  This rule replaces the current nonmetal limits needed to qualify for the Bevill exemption, as specified in the February 21, 1991 rule (Revision Checklist 85), with the land disposal restriction (LDR) limits for underlying constituents in nonwastewaters pending further administrative action to establish appropriate health-based levels.

Note that the administrative stay is conditioned on compliance with the interim LDR exemption values.  Noncompliance with those values would mean that the owner or operator of the Bevill device is no longer meeting the conditions of the administrative stay and, therefore, must comply with the comparison test in ' 266.112(b)(1), in order to qualify for the exclusion in ' 266.112.  If the owner or operator meets neither the conditions of the stay nor the comparison test, then the residue would be subject to regulation as hazardous waste.  Additionally, the stay does not affect the application of the procedural requirements in 266.112(b)(2) except as outlined in 58 FR 59600, column 3, sections V. A-D.

	
FEDERAL REQUIREMENTS	
CHECKLIST
REFERENCE	
FEDERAL RCRA CITATION	
ANALOGOUS STATE CITATION	
STATE ANALOG IS:	
					
EQUIV-ALENT	
LESS
STRIN-
GENT	
MORE STRIN-GENT	
BROADER IN SCOPE	

PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL	

SUBPART B - DEFINITIONS	

DEFINITIONS	

change "Parts 260 through 265 and 268" to "Parts 260 through 266 and 268"; remove A266, 268, and 270 through@	
85, H175	
260.10(intro)	

	

	
"carbon regeneration unit"	
85	
260.10	

	

	
revise "incinerator"	
85	
260.10(1)&(2)	

	

	
replace "controlled flame devices" with "thermal treatment" in introductory text of the definition for "industrial furnace"	
85	
260.10	

	

	
redesignate paragraph (12) in the definition for "industrial furnace" as paragraph (13); add new paragraph (12) that adds halogen acid furnaces to the list of devices considered industrial furnaces	
85	
260.10(12)&(13)	

	

	
"infrared incinerator"	
85,111	
260.10	

	

	
"plasma arc incinerator"	
85,111	
260.10	

	

	
"sludge dryer"	
85	
260.10	

	

	
REFERENCES	

add to first set of listings in alphabetical order a reference to the October 1992 version of "U.S. EPA, Screening Procedures for Estimating the Air Quality Impact of Stationary Sources"	
85,125	
260.11(a)	

	

	
SUBPART C - RULEMAKING PETITIONS	

GENERAL	

replace "265" with "266" in the first sentence	
111	
260.20(a)	

	

	
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE	

SUBPART A - GENERAL	

DEFINITION OF SOLID WASTE	

redesignate (d)(2) as
(d)(3); add new paragraph
regarding secondary
materials fed to a 
halogen acid furnace
that exhibit a 
characteristic or are
a listed waste;
exception for bromi-
nated material that 
meets certain criteria	
85,
94,96	
261.2(d)(2)	

	

	
material must contain a bromine concentration of at least 45%	
96	
261.2(d)(2)(i)	

	

	
material must contain less than a total of 1% of toxic organic compounds listed in Appendix VIII	
96	
261.2(d)(2)(ii)	

	

	
material is processed continually on-site in the halogen acid furnace via direct conveyance	
96	
261.2(d)(2)(iii)	

	

	
redesignate old 261.2(d)(2) as 261.2(d)(3)	
85,94	
261.2(d)(3)	

	

	
change "paragraph" to "paragraphs"; insert "and (d)(2)" after "(d)(1)"	
111	
261.2(e)(2)(iv)	

	

	
DEFINITION OF HAZARDOUS WASTE	

H	
insert A, provided that the wastes...separation@ after A' 261.32@; insert Acrude oil storage tank sediment ... (EPA Hazardous Waste No. K172)@ after A(EPA Hazardous Waste No. K050)@	
169	
261.3(a)(2)(iv)(C)	

	

, 	
replace A261.6(a)(3)(v) through (ix)@ with A261.6(a)(3)(v) through (viii)@; replace A' 261.6(a)(3)(iv) through (vi) Awith A' 261.6(a)(3)(iii) and (iv)@	
94,96,H169	
261.3(c)(2)(ii)(B)	

	

H	
add subparagraph; catalyst inert support media separated from wastes listed in ' 261.32 B Spent hydrotreating catalyst and spent hydrorefining catalyst 	
169	
261.3(c)(2)(ii)(E)	

	

	
EXCLUSIONS	

H	
add exclusion for K060, K087, K141, K142, K143, K144, K145, K147, K148 and other wastes from coke by-products that are hazardous only because they exhibit the Toxicity Characteristic when recycled as specified; exclusion is conditioned on there being no land disposal of the wastes from point of generation to recycling point	
85,
H105,110	
261.4(a)(10)	

	

H	
add exclusion; condensates derived from overhead gases from kraft mill steam strippers used to comply with 40 CFR 63.446(e); exemption applies only to combustion at mills generating condensates	
164	
261.4(a)(15)	

	

	
insert "except as provided by '266.112 of this chapter for facilities that burn or process hazardous waste" at end of paragraph	
85	
261.4(b)(4)	

	

	
revise first sentence to include phosphate rock and overburden from the mining of uranium ore in the existing parenthetical phrase; insert "except as provided by  '266.112 of this chapter for facilities that burn or process hazardous waste" at end of first sentence	
85	
261.4(b)(7)	

	

	
add "except as provided by '266.112 of this chapter for facilities that burn or process hazardous waste" to end of paragraph	
85	
261.4(b)(8)	

	

	
REQUIREMENTS FOR RECYCLABLE MATERIALS	

replace the letter "G" with "H"	
94	
261.6(a)(2)	

	

	
replace "Subpart D" with "Subpart H"	
94	
261.6(a)(2)(ii)	

	

	
remove existing paragraph 261.6(a)(3)(vii) and redesignate  261.6(a)(3)(viii) as 261.6(a)(3)(vii); redesignate as 261.1(a)(3)(iv)	
85,112,135, 142B	
261.6(a)(3)(iv)	

	

4	
remove 	
85,112,135, 142B, 169	
261.6(a)(3)(v)	

	

	
SUBPART D - LISTS OF HAZARDOUS WASTES	

HAZARDOUS WASTES FROM SPECIFIC SOURCES	

add K141-K145, K147 and K148 in alphanumeric order to the subgroup "Coking" as specified at 57 FR 37305; add following waste streams to subgroup APetroleum refining@, in alphanumeric order	
110,169	
261.32	

	

	
Industry and EPA hazardous waste No.	
Hazardous Waste	

	
Hazard code	

	
Petroleum refining:

K169 ...................... Crude oil storage tank sediment from petroleum refining operations	(T)
K170 ...................... Clarified slurry oil tank sediment and/or in-line filter/separation solids from petroleum refining                                        operations	(T)
K171 ...................... Spent Hydrotreating catalyst from petroleum refining operations, including guard beds used to 
     desulfurize feeds to other catalytic reactors (this listing does not include inert support media).	(I,T)
K172 ...................... Spent Hydrorefining catalyst from petroleum refining operations, including guard beds used to 
     desulfurize feeds to other catalytic reactors (this listing does not include inert support media).	(I,T)

	
APPENDIX VII TO PART 261	

BASIS FOR LISTING HAZARDOUS WASTE	

add K141-K145, K147 and K148 in alphanumeric order as specified at 57 FR 37305; add to appendix in alphanumeric order, the following waste streams to subgroup APetroleum refining@ 	
110, 169	
261 Appendix VII	

	

	
EPA hazardous waste No.	
Hazardous constituents for which listed	

	

	
K169 ...................... Benzene.
K170 ...................... Benzo(a)pyrene, dibenz(a,h)anthracene, benzo(a)anthracene, benzo(b)fluoranthene,                                      benzo(k)fluoranthene, 3-methylcholanthrene, 7,12-dimethylbenz(a)anthracene.
K171 ...................... Benzene, arsenic.
K172 ...................... Benzene, arsenic.	

	
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES	

SUBPART A - GENERAL	

PURPOSE, SCOPE, AND APPLICABILITY	

change "subparts C, D, F, or G" to "subparts C, F, G, or H"	
111	
264.1(g)(2)	

	

	
SUBPART G - CLOSURE AND POST-CLOSURE	

CLOSURE OF PLAN; AMENDMENT OF PLAN	

add sentence regarding written notification of Regional Administrator at least 45 days prior to partial or final closure of a boiler or industrial furnace	
85	
264.112(d)(1)	

	

	
SUBPART O - INCINERATORS	

APPLICABILITY	

regulations apply to owners and operators of hazardous waste incinerators (as defined in 260.10) except as 264.1 provides otherwise	
85	
264.340(a)	

	

	
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF 
HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES	

SUBPART A - GENERAL	

PURPOSE, SCOPE, AND APPLICABILITY	

change "subparts C, D, F, or G" to "subparts C, F, G, or H"	
111	
265.1(c)(6)	

	

	
SUBPART G - CLOSURE AND POST-CLOSURE	

CLOSURE PLAN; AMENDMENT OF PLAN	

insert "or by six months after the effective date of the rule that first subjects a facility to provisions of this section" after "By May 19, 1981"	
85	
265.112(a)	

	

	
add sentence regarding submittal of closure plan at least 45 days prior to beginning partial or final closure of a boiler or industrial furnace; add sentence regarding written notification at least 45 days prior to beginning partial or final closure of a boiler or industrial furnace when the owner or operator has an approved closure plan	
85	
265.112(d)(1)	

	

	
date when owner or operator "expects to begin closure" must be either:	
85,96	
265.112(d)(2) intro	

	

5	
compliance dates for hazardous waste units receiving final or most recent volume of hazardous wastes; extension by Regional Administrator, or	
85,96	
265.112(d)(2)(i)	

	

5	
compliance dates for hazardous waste units meeting 265.113(d) requirements receiving final volume or most recent volume nonhazardous wastes; extension by Regional Administrator	
85,96	
265.112(d)(2)(ii)	

	

	
CLOSURE; TIME ALLOWED FOR CLOSURE	

5	
within 90 days after receiving final volume of hazardous or non-hazardous wastes if owner/operator complies with 265.113(d)&(e) requirements or 90 days after approval of closure plan, whichever is later;  criteria for extension by Regional Administrator	
85,96	
265.113(a)	

	

5	
complete partial and final closure within 180 days after receiving final volume of hazardous or non-hazardous waste if owner/operator complies with 265.113(d)&(e) requirements or 180 days after approval of closure plan, whichever is later; extension by Regional Administrator	
85,96	
265.113(b)	

	

	
SUBPART O - INCINERATORS	

APPLICABILITY	

regulations apply to owners and operators of hazardous waste incinerators (as defined in 260.10) except as 264.1 provides otherwise	
85	
265.340(a)	

	

	
SUBPART P - THERMAL TREATMENT	

OTHER THERMAL TREATMENT	

delete "." at the end and insert ", and Subpart H of Part 266, if the unit is a boiler or an industrial furnace as defined in '260.10."	
94	
265.370	

	

	
PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES	

SUBPART D - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY	

remove and reserve Subpart D	
85	
266.30-266.35	

	

	
SUBPART E - USED OIL BURNED FOR ENERGY RECOVERY	

APPLICABILITY	

remove 	
94,96,112	
266.40(c)	

	

	
remove	
94,96,112	
266.40(d)	

	

	
SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES	

APPLICABILITY	

regulations apply to hazardous waste  burned or processed in a boiler or industrial furnace, irrespective of purpose, except as 266.100(b),(c),(d),(g), and (h) provide; definition of "burn"; 266.104-266.107 emissions standards apply to interim status or permitted facilities	
85,96,H98,H105,111,198	
266.100(a)	

	

H,, 	
add new paragraph; integration of the MACT standards	
182	
266.100(b) intro	

	

H,9, 10, 	
add new subparagraph; except as provided by 266.100(b)(2), part 266 standards no longer apply when compliance with MACT requirements; a Notification of Compliance under '' 63.1207(j) and 63.1201(b); part 266 conditions continue  until removed from permit or permit is terminated or revoked, unless permit provides otherwise; requirements of part 63, subpart EEE of this chapter	
182, HH198	
266.100(b)(1)	

	

H, 9, 10	
add new subparagraph; following requirements continue to apply:	
182	
266.100(b)(2) intro	

	

9, 10	
redesignate 266.100(b)(2)(i)-(iv) as 266.100(b)(2)(ii)-(v) and add new (b)(2)(i): when complying with 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown and malfunction, 266.102(e)(1) and (e)(2)(iii) continue to apply; these provisions apply only during startup, shutdown and malfunction 	
197	
266.100(b)(2)(i)	

	

H, 9, 10	
closure requirements of 266.102(e)(11) & 266.103(l);	
182, 197	
266.100(b)(2)(ii)	

	

H, 9, 10	
direct transfer standards of 266.111;	
182, 197	
266.100(b)(2)(iii)	

	

H, 9,  10	
residues standards of 266.212; and	
182, 197	
266.100(b)(2)(iv)	

	

H, 9, 10	
applicable requirements of subparts A-H, BB & CC of 264/265	
182, 197	
266.100(b)(2)(v)	

	

9, 10	
hazardous wastes and facilities not subject to regulation under Subpart H:	
85,H182	
266.100(c) intro	

	

9, 10	
used oil burned for energy recovery that is hazardous solely because it exhibits a characteristic; regulated under 266, Subpart E	
85,H182	
266.100(c)(1)	

	

9	
gas recovered from landfills and burned for energy recovery	
85,94,H182	
266.100(c)(2)	

	

3,9, , 	
exempt hazardous wastes under 261.4 and 261.6(a)(3)(iii) and (iv); CESQG hazardous wastes under 261.5	
85,94,H169,
H182	
266.100(c)(3)	

	

9	
coke ovens burning only K087	
85,H182	
266.100(c)(4)	

	

	
owners and operators of smelting, melting and refining furnaces processing hazardous waste solely for metal recovery conditionally exempt, except for 266.101 and 266.112	
85, H182	
266.100(d) intro	

	

10, , ,
	
requirements for exemption from 266.102 through 266.111 for owner or operator of metal recovery furnace or mercury recovery furnace; owner or operator of a lead or a nickel-chromium recovery furnace, or certain metal recovery furnaces subject to 266.100(d)(3) requirements, and owner or operators of lead recovery furnaces subject to Secondary Lead Smelting NESHAP regulation must comply with 266.100(h)	
85,96,137, H182	
266.100(d)(1) intro	

	

	
one-time written notice indicating:	
85,H182	
266.100(d)(1)(i)	

	

18	
owner or operator claims 266.100(c) exemption	
85,H182	
266.100(d)(1)(i)(A)	

	

18	
metal recovery as per 266.100(d)(2) provisions	
85,H182,198	
266.100(d)(1)(i)(B)	

	

18	
recoverable levels of metals	
85,H182	
266.100(d)(1)(i)(C)	

	

18	
compliance with 266.100(c) sampling and analysis and recordkeeping requirements	
85,H182	
266.100(d)(1)(i)
(D)	

	

18	
sample and analyze hazardous waste and other feedstocks as necessary using specified procedures or alternative methods that meet or exceed SW-846 method performance capabilities; situation where "best available method" is used	
85,96,H182	
266.100(d)(1)(ii)	

	

18	
maintain specified records at facility for at least three years	
85,H182	
266.100(d)(1)(iii)	

	

18	
criteria under which a hazardous waste is not processed solely for metal recovery	
85,H182	
266.100(d)(2)	

	

18	
total concentration of 261, Appendix VIII organic compounds exceeds 500 ppm by weight and are considered burned for destruction; reduction of organic compound concentration to the 500 ppm limit by bona fide treatment; blending for dilution to meet the 500 ppm limit is prohibited; retention of documentation in records required by 266.100(d)(1)(iii)	
85,96,H182, 198	
266.100(d)(2)(i)	

	

18	
heating value of 5,000 Btu/lb or more and considered burned as fuel; reduction of the heating value to below 5,000 Btu/lb by bona fide treatment; blending for dilution to meet the 5,000 Btu/lb limit is prohibited; retention of documentation in records required by 266.100(d)(1)(iii)	
85,96,H182, 198	
266.100(d)(2)(ii)	

	

16, 17, , 	
266.102-266.111 exemption requirements for  certain metal recovery furnaces (except those subject to Secondary Lead Smelting NESHAP) written notice to director; 266.100(d)(1) & (d)(3)(i) compliance	
96,137, H182, 198	
266.100(d)(3) intro	

	

16, 	
exemption from 266.100(d)(1) requirements for hazardous wastes listed in Appendices XI, XII, and XIII, Part 266, and baghouse bags used to capture metallic dusts emitted by steel manufacturing, provided:	
96,137, H182,198	
266.100(d)(3)(i) intro	

	

16, 21	
waste contains recoverable levels of specified metals	
96,137,H182	
266.100(d)(3)(i)(A)	

	

21	
waste does not exhibit the Toxicity Characteristic of 261.24 for an organic constituent	
96,H182	
266.100(d)(3)(i)(B)	

	

21	
waste is not a hazardous waste listed in Part 261 Subpart D because it is listed for an organic constituent as identified in Appendix VII of Part 261	
96,H182	
266.100(d)(3)(i)(C)	

	

21	
certification by owner or operator under 266.100(d)(3) regarding hazardous waste; sampling and analysis or other information to assure compliance; sampling and analysis conducted according to 266.100(d)(1)(ii); maintain records to document compliance with (d)(3) for at least three years	
96,H182,198	
266.100(d)(3)(i)(D)	

	

16, 21	
basis for case-by-case decisions regarding toxic organic constituents; metal recovery furnace subject to Subpart H requirements after adequate notice and opportunity for comment; factors Director will consider:	
96,137,H182	
266.100(d)(3)(ii)	

	

21	
concentration and toxicity of organic constituents in the material	
96,H182	
266.100(d)(3)(ii)(A)	

	

21	
level of destruction of toxic constituents provided by the furnace	
96,H182	
266.100(d)(3)(ii)(B)	

	

21	
acceptable ambient levels established in Appendices IV or V, Part 266, exceeded for any toxic organic compound that may be emitted based on certain conditions	
96,H182	
266.100(d)(3)(ii)(C)	

	

	
266.111 direct transfer operation standards apply only to facilities subject to 266.102 or 266.103 standards	
85,H182	
266.100(e)	

	

22	
266.112 residue management standards apply to any boiler or industrial furnace burning hazardous waste	
85,H182	
266.100(f)	

	

22	
conditional exemption from Subpart H requirements for owners or operators of certain smelting, melting, and refining furnaces, except for 266.112; to be exempt from 266.101 through 266.111, an owner or operator must:	
96,111,H182	
266.100(g)	

	

22	
provide a one-time written notice indicating:	
96,H182	
266.100(g)(1)	

	

22	
owner or operator claims 266.100(f) exemption	
96,H182	
266.100(g)(1)(i)	

	

22	
hazardous waste is burned for legitimate recovery of precious metal	
96,H182	
266.100(g)(1)(ii)	

	

22	
compliance with 266.100(f) sampling and analysis and recordkeeping requirements	
96,H182	
266.100(g)(1)(iii)	

	

22	
sample and analyze hazardous waste as necessary using specified procedures	
96,H182	
266.100(g)(2)	

	

22	
maintain specified records at facility for at least three years	
96,H182	
266.100(g)(3)	

	

17,H	
add new paragraph; starting June 23, 1997, lead recovery furnaces subject to NESHAP are conditionally exempt from 266 subpart H, except 266.101; to be exempt, provide notice to Director; contents of notice  	
182	
266.100(h)	

	

	
MANAGEMENT PRIOR TO BURNING	

generators of hazardous waste that is burned in a boiler or industrial furnace subject to Part 262	
85	
266.101(a)	

	

	
transporters of hazardous waste that is burned in a boiler or industrial furnace subject to Part 263	
85	
266.101(b)	

	

	
Storage and Treatment Facilities	
85, 111, 182	
266.101(c) intro	

	

	
owners and operators of facilities that store or treat hazardous waste burned in a boiler or industrial furnace subject to the applicable provisions of parts 264, 265, and 270, except as provided by 266.101(c)(2); standards applicable to storage and treatment by burners and intermediary facilities	
85,111,182	
266.101(c)(1)	

	

	
generators of hazardous waste who burn on-site in boilers or industrial furnaces exempt from regulation under 266.108 small quantity burner provisions are exempt from the regulations of parts 264, 265, and 270 applicable to storage units for those storage units that store mixtures of hazardous waste and the primary fuel in tanks that feed mixture directly to burner; hazardous waste storage prior to mixing subject to 266.101(c)(1) regulation	
85,111	
266.101(c)(2)	

	

	
PERMIT STANDARDS FOR BURNERS	

owners and operators not operating under interim status and not exempt under 266.108 small quantity burner exemption are subject to 266.102, 270.22 and 270.66 requirements	
85	
266.102(a)(1)	

	

	
applicable 264 provisions	
85	
266.102(a)(2)	

	

			
266.102(a)(2)(i)	

	

			
266.102(a)(2)(ii)	

	

			
266.102(a)(2)(iii)	

	

			
266.102(a)(2)(iv)	

	

			
266.102(a)(2)
(v)	

	

			
266.102(a)(2)(vi)	

	

			
266.102(a)(2)(vii)	

	

			
266.102(a)(2)(viii)	

	

			
266.102(a)(2)(ix)	

	

	
analysis to quantify concentration of any 261, Appendix VIII constituent at levels detectable by specified analytical procedures, alternative methods or best available method; identification; explanation of constituents excluded from analysis; analysis provides 266 Subpart H, 270.22 and 270.66 information to prescribe permit conditions; analysis included in Part B permit application or in trial burn plan for interim status facilities; owners/operators of units not operating under interim status include 270.22 or 270.66(c) information in Part B application, to extent possible	
85,
94,96	
266.102(b)(1)	

	

	
sampling and analysis throughout normal operation to ensure permit-specified physical and chemical composition limits are met	
85	
266.102(b)(2)	

	

	
compliance with 266.104 through 266.107 emissions standards	
85	
266.102(c)	

	

	
burn only hazardous wastes specified in permit under 266.102(e) operating conditions; exception for approved trial burns under 270.66 conditions	
85	
266.102(d)(1)	

	

	
new permit or permit modification necessary to burn hazardous waste not specified in permit; trial burn results or Part B alternative data form basis for new waste operating requirements	
85	
266.102(d)(2)	

	

	
266.103 interim status boilers and industrial furnaces permitted under 270.66(g) procedures	
85	
266.102(d)(3)	

	

	
permit for new boiler or industrial furnace must establish appropriate conditions for each applicable 266.102 requirement in order to comply with specified standards:	
85	
266.102(d)(4)	

	

	
for period beginning with initial introduction of hazardous waste and ending with initiation of trial burn; such period not to exceed 720 hours; operating requirements in compliance with 266.104-266.107 emissions standards; applicable provisions when seeking waiver from a trial burn; extension for up to 720 additional hours by Director based on good cause demonstration	
85	
266.102(d)(4)(i)	

	

	
during trial burn, operating requirements sufficient for 266.104-266.107 emissions compliance and in accordance with approved trial burn plan	
85	
266.102(d)(4)(ii)	

	

	
immediately after trial burn, for minimum period needed to allow sample analysis, data computation, submission and review of trial burn results, and permit modification, operating requirements to ensure 266.104-266.107 emissions compliance	
85	
266.102(d)(4)(iii)	

	

	
for duration of permit, operating requirements based on trial burn or 270.22 alternative data, sufficient to ensure 266.104-266.107 emissions compliance	
85,94	
266.102(d)(4)(iv)	

	

	
operating requirements specified in the permit apply at all times where hazardous waste is in unit	
85	
266.102(e)(1)	

	

	
operating conditions, either case-by-case for each hazardous waste to ensure compliance with 266.104(a) DRE performance standard or special operating requirements provided by 266.104(a)(4) DRE trial burn waiver; when no waiver, each set of operating requirements will specify composition of hazardous waste to which they apply; permit-specified operating limits for each hazardous waste include:	
85	
266.102(e)(2)(i)	

	

	
feed rate of hazardous waste and other fuels as per 266.102(e)(6)	
85	
266.102(e)(2)(i)(A)	

	

	
minimum and maximum device production rate when producing normal product as per 266.102(e)(6)	
85	
266.102(e)(2)(i)(B)	

	

	
appropriate controls of hazardous waste firing system	
85	
266.102(e)(2)(i)(C)	

	

	
allowable variation in boiler and industrial furnace system design or operating procedures	
85	
266.102(e)(2)(i)(D)	

	

	
minimum combustion gas temperature measured at a location indicative of combustion chamber temperature as per 266.102(e)(6)	
85	
266.102(e)(2)(i)(E)	

	

	
appropriate indicator of combustion gas velocity as per 266.102(e)(6), unless 270.66 documentation	
85	
266.102(e)(2)(i)(F)	

	

	
other operating requirements to ensure 266.104(a) DRE compliance	
85	
266.102(e)(2)(i)(G)	

	

	
permit must incorporate carbon monoxide (CO) limit and, as appropriate, hydrocarbon (HC) limit as per 266.104(b)-(f); permit limits specified:	
85	
266.102(e)(2)(ii)	

	

	
when complying with 266.104(b)(1) CO standard, permit limit is 100 ppmv	
85	
266.102(e)(2)(ii)(A)	

	

	
when complying with 266.104(c) alternative CO standard, permit limit based on trial burn, established as specified average, and permit limit for HC is 20 ppmv, except as 266.104(f) provides	
85	
266.102(e)(2)(ii)(B)	

	

	
when complying with 266.104(f) alternative HC limit, permit limit for HC and CO is baseline level when hazardous waste is not burned	
85	
266.102(e)(2)(ii)(C)	

	

	
no hazardous waste as feed during start-up and shut-down, unless device is operating within permit conditions; exception	
85	
266.102(e)(2)(iii)	

	

	
except as provided in 266.102(e)(3)(ii) and (iii), operating requirements the permit will specify to ensure 266.105 particulate standard compliance:	
85	
266.102(e)(3)(i)	

	

	
total ash feed rate from hazardous waste, other fuels, and industrial furnace feedstocks, as per 266.102(e)(6)	
85	
266.102(e)(3)(i)(A)	

	

	
maximum device production rate when producing normal product as per 266.102(e)(6)	
85	
266.102(e)(3)(i)(B)	

	

	
operation and maintenance controls for hazardous waste firing system and air pollution control system	
85	
266.102(e)(3)(i)(C)	

	

	
allowable variation in system design including air pollution control system or operating procedures	
85	
266.102(e)(3)(i)(D)	

	

	
other operating requirements to ensure 266.111(b) particulate standard compliance	
85	
266.102(e)(3)(i)(E)	

	

	
no permit conditions to ensure particulate standard compliance for 266.105(b) exempt facilities	
85	
266.102(e)(3)(ii)	

	

	
for cement kilns and light-weight aggregate kilns, permit conditions shall not limit ash content of hazardous waste or other feed materials	
85	
266.102(e)(3)(iii)	

	

	
operating requirements the permit will specify to conform with 266.106(b) or (e) Tier I or adjusted Tier I metals feed rate screening limits:	
85	
266.102(e)(4)(i)	

	

	
total feed rate of each metal in hazardous waste, other fuels, and industrial furnace feedstocks as per 266.102(e)(6)	
85	
266.102(e)(4)(i)(A)	

	

	
total feed rate of hazardous waste as per 266.102(e)(6)	
85	
266.102(e)(4)(i)(B)	

	

	
sampling and metals analysis program	
85,94	
266.102(e)(4)(i)(C)	

	

	
operating requirements the permit will specify to conform with 266.106(c) Tier II metals emission rate screening limits and 266.106(d) Tier III metals controls:	
85	
266.102(e)(4)(ii)	

	

	
maximum emission rate for each metal based on average rate during trial burn	
85	
266.102(e)(4)(ii)(A)	

	

	
feed rate of total and pumpable hazardous waste as per 266.102(e)(6)(i)	
85	
266.102(e)(4)(ii)(B)	

	

	
feed rate of each metal in specified feedstreams, measured and specified as per 266.102(e)(6)	
85	
266.102(e)(4)(ii)(C)	

	

		
85,96	
266.102(e)(4)(ii)(C)(1)	

	

			
266.102(e)(4)(ii)(C)(2)	

	

			
266.102(e)(4)(ii)(C)(3)	

	

	
total feed rate of chlorine and chloride in total feedstreams as per 266.102(e)(6)	
85	
266.102(e)(4)(ii)(D)	

	

	
maximum combustion gas temperature measured at location indicative of combustion chamber temperature as per 266.102(e)(6)	
85	
266.102(e)(4)(ii)(E)	

	

	
maximum flue gas temperature at inlet to particulate matter air pollution control system as per 266.102(e)(6)	
85	
266.102(e)(4)(ii)(F)	

	

	
maximum device production rate when producing normal product as per 266.102(e)(6)	
85	
266.102(e)(4)(ii)(G)	

	

	
operation and maintenance controls of hazardous waste firing system and any air pollution control system	
85	
266.102(e)(4)(ii)(H)	

	

	
allowable variation in system design including air pollution control system or operating procedures	
85	
266.102(e)(4)(ii)(I)	

	

	
other operating requirements to ensure 266.106(c) or (d) metals standards compliance	
85	
266.102(e)(4)(ii)(J)	

	

	
operating requirements the permit will specify to conform with 266.106(f) alternative implementation approach:	
85	
266.102(e)(4)(iii)	

	

	
maximum emission rate for each metal based on average rate	
85	
266.102(e)(4)(iii)(A)	

	

	
feed rate of total and pumpable hazardous waste as per 266.102(e)(6)(i)	
85	
266.102(e)(4)(iii)(B)	

	

25,
	
feed rate of each metal in specified feedstreams, measured and specified as per 266.102(e)(6)	
85	
266.102(e)(4)(iii)(C)	

	

		
85,96	
266.102(e)(4)(iii)(C)(1)	

	

			
266.102(e)(4)(iii)(C)(2)	

	

	
total feed rate of chlorine and chloride in total feedstreams as per 266.102(e)(6)	
85	
266.102(e)(4)(iii)(D)	

	

	
maximum combustion gas temperature measured at location indicative of combustion chamber temperature as per 266.102(e)(6)	
85	
266.102(e)(4)(iii)(E)	

	

	
maximum flue gas temperature at inlet to particulate matter air pollution control system as per 266.102(e)(6)	
85	
266.102(e)(4)(iii)(F)	

	

	
maximum device production rate when producing normal product as per 266.102(e)(6)	
85	
266.102(e)(4)(iii)(G)	

	

	
operation and maintenance controls of hazardous waste firing system and any air pollution control system	
85	
266.102(e)(4)(iii)(H)	

	

	
allowable variation in system design including air pollution control system or operating procedures	
85	
266.102(e)(4)(iii)(I)	

	

	
other operating requirements to ensure 266.106(c) or (d) metals standards compliance	
85	
266.102(e)(4)(iii)(J)	

	

	
operating requirements the permit will specify to ensure 266.107(b)(1) Tier I total chloride and chlorine feed rate screening limits conformance:	
85	
266.102(e)(5)(i)	

	

	
feed rate of total chloride and chlorine in hazardous waste, other fuels, and industrial furnace feedstocks as per 266.102(e)(6)	
85	
266.102(e)(5)(i)(A)	

	

	
feed rate of total hazardous waste as per 266.102(e)(6)	
85	
266.102(e)(5)(i)(B)	

	

	
sampling and analysis program for total chloride and chlorine	
85	
266.102(e)(5)(i)(C)	

	

	
operating requirements the permit will specify for 266.107(b)(2) Tier II and 266.107(c) Tier III HCl and Cl2 emission rate screening limits conformance:	
85	
266.102(e)(5)(ii)	

	

	
maximum emission rate for HCl and Cl2 based on average rate	
85	
266.102(e)(5)(ii)(A)	

	

	
feed rate of total hazardous waste as per 266.102(e)(6)	
85	
266.102(e)(5)(ii)(B)	

	

	
total feed rate of chlorine and chloride in total feedstreams as per 266.102(e)(6)	
85	
266.102(e)(5)(ii)(C)	

	

	
maximum device production rate when producing normal product as per 266.102(e)(6)	
85	
266.102(e)(5)(ii)(D)	

	

	
operation and maintenance controls of hazardous waste firing system and any air pollution control system	
85	
266.102(e)(5)(ii)(E)	

	

	
allowable variation in system design including air pollution control system or operating procedures	
85	
266.102(e)(5)(ii)(F)	

	

	
other operating requirements to ensure 266.107(b)(2) or (c) HCl or Cl2 standards compliance	
85	
266.102(e)(5)(ii)(G)	

	

	
measuring parameters and establishing limits based on trial burn data	
85,94	
266.102(e)(6)	

	

	
as specified in 266.102(e)(2)-(5), each operating parameter shall be measured and permit limits on the parameter established according to either of following procedures:	
85	
266.102(e)(6)(i)	

	

	
measured and recorded on instantaneous basis and permit limit based on time-weighted average	
85	
266.102(e)(6)(i)(A)	

	

	
hourly rolling average basis as defined	
85	
266.102(e)(6)(i)(B)(1)	

	

			
266.102(e)(6)(i)(B)(1)(i)	

	

		
85,94	
266.102(e)(6)(i)(B)(1)(ii)	

	

	
permit limit based on average over all valid test runs of highest hourly rolling average value per run	
85,94	
266.102(e)(6)(i)(B)(2)	

	

	
feed rate limits for carcinogenic metals and lead established on either an hourly rolling average basis or on (up to) 24-hour rolling average basis; requirements for 2- to 24‑hour average period:	
85,94	
266.102(e)(6)(ii)	

	

	
feed rate of each metal limited to ten times the allowable hourly rolling average basis feed rate	
85	
266.102(e)(6)(ii)(A)	

	

27	
specifications the continuous monitor shall meet	
85	
266.102(e)(6)(ii)(B)	

	

			
266.102(e)(6)(ii)(B)(1)	

	

		
85,94	
266.102(e)(6)(ii)(B)(2)	

	

	
feed rate permit limit based on specified average	
85	
266.102(e)(6)(ii)(C)	

	

	
feed rate limits for metals, total chloride and chlorine, and ash established and monitored based on feedstream concentration and flow rate; flow rate continuously monitored as per 266.102(e)(6)(i) and (ii)	
85	
266.102(e)(6)(iii)	

	

	
if no simultaneous demonstration of 266.104-266.107 compliance during a set of test runs, operating conditions of additional test runs as close as possible to original operating conditions	
85	
266.102(e)(6)(iv)(A)	

	

	
facility to operate under trial burn conditions and reach steady-state operations before obtaining test data to demonstrate 266.104-266.107 emissions standards compliance or establishing operating parameter limits; specific industrial furnaces need not reach steady-state conditions for flow of metals prior to beginning metals emissions compliance testing	
85,94	
266.102(e)(6)(iv)(B)	

	

	
trial burn data obtained during emissions sampling are used to establish operating parameter limits in the permit when parameter must be established as per 266.102(e)	
85	
266.102(e)(6)(iv)(C)	

	

	
requirements for controlling fugitive emissions	
85	
266.102(e)(7)(i)	

	

			
266.102(e)(7)(i)(A)	

	

			
266.102(e)(7)(i)(B)	

	

			
266.102(e)(7)(i)(C)	

	

	
automatic waste feed cutoff required; Director may limit number of cutoffs per operating period; additional requirements include:	
85	
266.102(e)(7)(ii)	

	

	
maintenance of permit limit for minimum combustion chamber temperature while hazardous waste or residues remain in chamber	
85	
266.102(e)(7)(ii)(A)	

	

	
exhaust gases ducted to air pollution control system while hazardous waste or residues remain in chamber	
85	
266.102(e)(7)(ii)(B)	

	

	
continued monitoring of parameters with limits during cutoff and hazardous waste feed not restarted until parameters comply with limits; for parameters monitored on instantaneous basis, conditions for restarting hazardous waste feed	
85	
266.102(e)(7)(ii)(C)	

	

	
cease burning hazardous waste when changes in combustion properties, feed rates, or design or operating conditions deviate from permit limits	
85	
266.102(e)(7)(iii)	

	

	
owner or operator, while burning hazardous waste, must monitor and record:	
85	
266.102(e)(8)(i)	

	

	
specified feed rates and composition of specified materials	
85	
266.102(e)(8)(i)(A)	

	

	
CO, HC, and oxygen on a continuous basis as specified; monitors installed, operated and maintained as per 266, Appendix IX methods	
85	
266.102(e)(8)(i)(B)	

	

	
sampling and analysis as requested to verify that requirements established in permit achieve 266.104-266.107 standards	
85	
266.102(e)(8)(i)
(C)	

	

	
monitors record data in permit limit units, unless permit allows otherwise	
85	
266.102(e)(8)(ii)	

	

	
daily visual inspection of boiler or industrial furnace and associated equipment when they contain hazardous waste	
85	
266.102(e)(8)(iii)	

	

	
test automatic feed cutoff system and associated alarms at least once every 7 days when hazardous waste is burned unless specified conditions are demonstrated; operational testing at least once every 30 days	
85	
266.102(e)(8)(iv)	

	

	
monitoring and inspection data recorded and placed in 264.73 operating record	
85	
266.102(e)(8)(v)	

	

	
compliance with 266.111 if direct transfer of hazardous waste to boiler or industrial furnace without use of storage unit	
85	
266.102(e)(9)	

	

	
all 266.102-required information and data in facility operating record until closure of the facility	
85,96	
266.102(e)(10)	

	

	
remove all hazardous waste and hazardous waste residues at closure	
85	
266.102(e)(11)	

	

	
INTERIM STATUS STANDARDS FOR BURNERS	

establish minimum national standards for owners and operators of existing boilers and industrial furnaces until permitted under 266.102(d) or closed	
85	
266.103(a)(1)(i)	

	

	
definition of "existing or in existence"; facility has commenced construction if all permits necessary to begin physical construction are obtained and either:	
85,94	
266.103(a)(1)(ii)	

	

	
continuous on-site, physical construction program has begun	
85	
266.103(a)(1)(ii)(A)	

	

	
contractual obligations cannot be canceled or modified without substantial loss and physical construction is to be completed within reasonable time	
85	
266.103(a)(1)(ii)(B)	

	

	
if boiler or industrial furnace at facility with permit or interim status, then compliance with 270.42 permit modification or 270.72 interim status changes	
85	
266.103(a)(1)(iii)	

	

	
266.103 requirements not applicable to hazardous waste and facilities exempt under 266.100(b) or 266.108	
85	
266.103(a)(2)	

	

	
F020-F023, F026 or F027 hazardous waste listed for dioxin and hazardous waste derived from these wastes may not be burned in interim status boiler or industrial furnace	
85,96	
266.103(a)(3)	

	

	
interim status owners and operators subject to specified 265 provisions:	
85	
266.103(a)(4)	

	

			
266.103(a)(4)(i)	

	

			
266.103(a)(4)(ii)	

	

			
266.103(a)(4)(iii)	

	

			
266.103(a)(4)(iv)	

	

			
266.103(a)(4)(v)	

	

			
266.103(a)(4)(vi)	

	

			
266.103(a)(4)(vii)	

	

			
266.103(a)(4)(viii)	

	

	
controls that apply to interim status industrial furnaces that feed hazardous waste for a purpose other than solely as an ingredient at any location other than the hot end or where fuels are normally fired:	
85,96	
266.103(a)(5)	

	

	
fed at location where temperatures are at least 1800E F	
85	
266.103(a)(5)(i)(A)	

	

	
determination and documentation in facility record of adequate oxygen	
85	
266.103(a)(5)(i)(B)	

	

	
for cement kiln systems, hazardous waste fed into kiln	
85	
266.103(a)(5)(i)(C)	

	

	
applicability of 266.104(c) or 266.103(c)(5) hydrocarbon controls	
85,96	
266.103(a)(5)(i)(D)	

	

	
criteria for burning hazardous waste for a purpose other than solely as an ingredient:	
85	
266.103(a)(5)(ii)	

	

	
total concentration of 261, Appendix VIII nonmetal compounds exceed 500 ppm by weight as fired and considered burned for destruction; reduction of the concentration of nonmetal compounds to the 500 ppm limit by bona fide treatment; blending for dilution to meet the 500 ppm limit prohibited; retention of documentation in facility record	
85,96	
266.103(a)(5)(ii)(A)	

	

	
heating value of 5,000 Btu/lb or more, as fired, and considered burned as fuel; reduction of the heating value of a waste as-generated to below 5,000 Btu/lb limit by bona fide treatment; blending to augment heating value to meet the 5,000 Btu/lb limit prohibited; retention of documentation in facility record	
85,96	
266.103(a)(5)(ii)(B)	

	

	
burning hazardous waste with heating value less than 5,000 Btu/lb prohibited; situation where 5,000 Btu/lb limit can be exceeded; exceptions:	
85,96	
266.103(a)(6)	

	

	
hazardous waste burned solely as an ingredient	
96	
266.103(a)(6)(i)	

	

	
hazardous waste burned for purposes of compliance testing for a total period of time not to exceed 720 hours	
96	
266.103(a)(6)(ii)	

	

	
waste burned if Director has documentation to show that, prior to August 21, 1991:	
96	
266.103(a)(6)(iii)	

	

	
boiler or industrial furnace operating under Part 265, Subpart O or P requirements	
96	
266.103(a)(6)(iii)(A)	

	

	
boiler or industrial furnace met 270.70 interim status eligibility requirements for Part 265, Subpart O or Subpart P	
96	
266.103(a)(6)(iii)(B)	

	

	
hazardous waste with a heating value less than 5,000 Btu/lb burned prior to August 21, 1991	
96	
266.103(a)(6)(iii)(C)	

	

	
such waste burned in halogen acid furnace if waste burned as an excluded ingredient under 261.2(e) prior to February 21, 1991 and documentation kept on file	
96	
266.103(a)(6)(iv)	

	

	
266.111 compliance if hazardous waste directly transferred from transport vehicle to boiler or industrial furnace without storage unit use	
85	
266.103(a)(7)	

	

	
August 21, 1991 submittal date for 266.103(b)(2) information; establish limits for 266.103(b)(3) parameters; certificate of precompliance; burning limited to 266.103(b)(3) conditions until 266.103(b)(8) revised certification of precompliance, or 
266.103(c) certification of compliance, or permit is issued	
85	
266.103(b)(1)	

	

	
information to be submitted with certification of precompliance to support determination and compliance with operating parameter limits	
85	
266.103(b)(2)	

	

	
general facility information	
85	
266.103(b)(2)(i)	

	

			
266.103(b)(2)(i)(A)	

	

			
266.103(b)(2)(i)(B)	

	

			
266.103(b)(2)(i)(C)	

	

			
266.103(b)(2)(i)(D)	

	

			
266.103(b)(2)(i)(E)	

	

	
except for facilities complying with Tier I or Adjusted Tier I feed rate screening limits provided by 266.106(b) or (e) and 266.107(b)(1) or (e), estimated uncontrolled emissions of particulate matter, each 266.106 metal, hydrogen chloride and chlorine, and following information to support determinations:	
85,111	
266.103(b)(2)(ii)	

	

	
feed rate of specified materials in each feedstream	
85,94	
266.103(b)(2)(ii)(A)	

	

	
estimated partitioning factor to combustion gas for 266.103(b)(2)(ii)(A) materials, basis for estimate, and estimate of partitioning to HCl and Cl2 of total chloride and chlorine in feed materials; use best engineering judgment or 266, Appendix IX procedures	
85,94	
266.103(b)(2)(ii)(B)	

	

	
for industrial furnaces that recycle collected particulate matter and certify compliance with 266.103(c)(ii)(A) metals emissions standards, estimated enrichment factor for each metal, using best engineering judgment or specified 266, Appendix IX procedures	
85	
266.103(b)(2)(ii)(C)	

	

	
basis for best engineering judgment; 270.11(d) certification of determinations included in certification of precompliance	
85,94	
266.103(b)(2)(ii)(D)	

	

	
for facilities complying with Tier I or Adjusted Tier I feed rate screening limits, the feed rate of specified materials in each feed stream	
85,111	
266.103(b)(2)(iii)	

	

	
for facilities complying with Tier II or III emission limits for metals or HCl or Cl2, estimated controlled emissions rates of particulate matter, each 266.106 metal, HCl and Cl2, and following information to support determinations:	
85,94	
266.103(b)(2)(iv)	

	

	
estimated air pollution control system (APCS) removal efficiency for specified materials	
85	
266.103(b)(2)(iv)(A)	

	

	
use best engineering judgment or 266, Appendix IX procedures	
85	
266.103(b)(2)(iv)(B)	

	

	
basis for best engineering judgment in conformance with 266.103(b)(2)(ii)(D)	
85	
266.103(b)(2)(iv)(C)	

	

	
determination of allowable emissions rates for specified materials and information to support such determinations to include:	
85	
266.103(b)(2)(v)	

	

	
for all facilities:	
85	
266.103(b)(2)(v)(A)	

	

			
266.103(b)(2)(v)(A)(1)	

	

			
266.103(b)(2)(v)(A)(2)	

	

			
266.103(b)(2)(v)(A)(3)	

	

			
266.103(b)(2)(v)(A)(4)	

	

		
85,94	
266.103(b)(2)(v)(A)(5)	

	

		
85	
266.103(b)(2)(v)(A)(6)	

	

			
266.103(b)(2)(v)(A)(7)	

	

	
for owners or operators using Tier III site specific dispersion modeling to determine 266.106(d) or 266.107(c) allowable levels, or adjusted Tier I feed rate screening limits under 266.106(e) or 266.107(e):	
85	
266.103(b)(2)(v)(B)	

	

			
266.103(b)(2)(v)(B)(1)	

	

			
266.103(b)(2)(v)(B)(2)	

	

			
266.103(b)(2)(v)(B)(3)	

	

			
266.103(b)(2)(v)(B)(4)	

	

	
 for facilities complying with Tier II or III emissions rate controls for metals or HCl and Cl2, comparison of 266.103(b)(2)(iv) estimated rates with 266.103(b)(2)(v) allowable rates	
85,94	
266.103(b)(2)(vi)	

	

	
for facilities complying with Tier I or adjusted Tier I feed rate screening limits for metals or total chloride and chlorine, comparison of actual feed rates determined under 266.103(b)(2)(iii) to Tier I allowable feed rates	
85	
266.103(b)(2)(vii)	

	

	
for industrial furnaces that feed hazardous waste for any purpose other than solely as an ingredient at any location other than product discharge end of device, documentation of 266.103(a)(5)(i)(A)-(C) compliance	
85	
266.103(b)(2)(viii)	

	

	
for industrial furnaces that recycle collected particulate matter back into the furnace and that will certify 266.103(c)(3)(ii)(A) metals emissions standards compliance, 			
applicable particulate matter standard and precompliance limit on metal concentration	
85	
266.103(b)(2)(ix)	

	

			
266.103(b)(2)(ix)(A)	

	

			
266.103(b)(2)(ix)(B)	

	

	
establish limits on 266.103(b)(3)(i)-(v) parameters consistent with 266.103(b)(2) determinations and certify the facility will operate within the limits during interim status when there is hazardous waste in the unit until certain conditions are met	
85	
266.103(b)(3)	

	

	
feed rate of total hazardous waste and pumpable hazardous waste	
85	
266.103(b)(3)(i)	

	

	
feed rate of each metal in specified feedstreams	
85,94	
266.103(b)(3)(ii)	

	

		
85	
266.103(b)(3)(ii)(A)	

	

		
85,111	
266.103(b)(3)(ii)(B)	

	

		
85	
266.103(b)(3)(ii)(C)	

	

	
total feed rate of chlorine and chloride in total feedstreams	
85	
266.103(b)(3)(iii)	

	

	
total feed rate of ash in total feedstreams, except ash feed rate for cement kilns and light-weight aggregate kilns is not limited	
85	
266.103(b)(3)(iv)	

	

	
maximum production rate when producing normal product, unless complying with the Tier I or Adjusted Tier I feed rate screening limits for chlorine under 266.106(b)(1) or (e) and for all metals under 266.106(b) or (e), and uncontrolled particulate emissions do not exceed 266.105 standard	
85,111	
266.103(b)(3)(v)	

	

	
special operating requirements under 266, Appendix IX for furnaces that recycle collected particulate matter back into furnace and that certify compliance with metals emissions controls under 266.103(c)(3)(ii)(A)	
85	
266.103(b)(4)	

	

	
limits on 266.103(b)(3) parameters established and continuously monitoring under:	
85	
266.103(b)(5)(i)	

	

	
instantaneous limits	
85,96	
266.103(b)(5)(i)(A)	

	

27	
hourly rolling average basis as defined	
85	
266.103(b)(5)(i)(B)	

	

		
85,94	
266.103(b)(5)(i)(B)(1)	

	

			
266.103(b)(5)(i)(B)(2)	

	

	
feed rate limits for carcinogenic metals and lead established on either an hourly rolling average basis or on (up to) 24-hour rolling average basis; requirements for 2- to 24‑hour average period:	
85	
266.103(b)(5)(ii)	

	

	
feed rate of each metal limited to ten times the allowable hourly rolling average basis feed rate	
85	
266.103(b)(5)(ii)(A)	

	

27	
specifications the continuous monitor shall meet:	
85	
266.103(b)(5)(ii)(B)	

	

		
85,94	
266.103(b)(5)(ii)(B)(1)	

	

			
266.103(b)(5)(ii)(B)(2)	

	

	
feed rate limits for metals, total chloride and chlorine, and ash established and monitored based on feedstream concentration and flow rate; flow rate continuously monitored as per 266.103(b)(5)(i) and (ii)	
85	
266.103(b)(5)(iii)	

	

	
on or before August 21, 1991, owner or operator submits notice to major local newspaper and sends copy of notice to State and local government units; provide evidence of notice submittal for publication with certification of pre-compliance to Director; notice must bear specified title and include:	
85,94	
266.103(b)(6)	

	

	
information to include in public notice	
85	
266.103(b)(6)(i)	

	

			
266.103(b)(6)(ii)	

	

			
266.103(b)(6)(iii)	

	

			
266.103(b)(6)(iv)	

	

			
266.103(b)(6)(v)	

	

			
266.103(b)(6)(vi)	

	

			
266.103(b)(6)(vii)	

	

		
85,96	
266.103(b)(6)(viii)	

	

			
266.103(b)(6)(viii)(A)	

	

			
266.103(b)(6)(viii)(B)	

	

		
85	
266.103(b)(6)(ix)	

	

			
266.103(b)(6)(x)	

	

	
when monitoring systems for 266.103(c)(1)(v)-(xiii) operating parameters are installed and operating in conformance with vendor or 266, Appendix IX specifications, continuous monitoring required and records maintained in operating record	
85	
266.103(b)(7)	

	

	
submittal of revised certification of pre-compliance under 266.103(b)(2)&(3) procedures	
85	
266.103(b)(8)	

	

	
266.103(b)(6) public notice requirements not applicable to recertifications	
85	
266.103(b)(8)(i)	

	

	
operation of facility within limits established for 266.103(b)(3) parameters until 266.103(b) revised certification or 266.103(c) certification of compliance is submitted	
85	
266.103(b)(8)(ii)	

	

	
language of signed statement that must be included with the certification of precompliance	
85	
266.103(b)(9)	

	

	
conduct emissions testing to document compliance with 266.104(b)-(e), 266.105-266.107 and 266.103(a)(5)(i)(D) emissions standards; submittal of certification of compliance on or before August 21, 1992	
85,94	
266.103(c)	

	

	
establish limits and all applicable emission standards on 266.103(c)(1)(i)-(xiii) parameters based on operations during compliance test or as otherwise specified and include with certification of compliance; device will be operated within these limits and applicable emission standards of 266.104(b)-(e), 266.105, 266.106, 266.107 and 266.103(a)(5)(i)(D) when hazardous waste is in the unit	
85,94,96,111,114	
266.103(c)(1)	

	

	
feed rate of total hazardous waste and pumpable hazardous waste	
85	
266.103(c)(1)(i)	

	

28	
feed rate of each metal in specified feedstreams	
85	
266.103(c)(1)(ii)	

	

		
85,111	
266.103(c)(1)(ii)(A)	

	

		
111	
266.103(c)(1)(ii)(A)(1)	

	

			
266.103(c)(1)(ii)(A)(2)	

	

		
85	
266.103(c)(1)(ii)(B)	

	

		
85,111,114	
266.103(c)(1)(ii)(C)	

	

28	
total feed rate of chlorine and chloride in total feed streams; the operating limits for facilities that comply with Tier I or Adjusted Tier I feed rate screening limits	
85,111,114	
266.103(c)(1)(iii)	

	

28	
total feed rate of ash in total feedstreams, except ash feed rate for cement kilns and light-weight aggregate kilns is not limited	
85,94	
266.103(c)(1)(iv)	

	

28	
carbon monoxide concentration and, where required, hydrocarbon concentration in stack gas; CO and HC limits	
85	
266.103(c)(1)(v)	

	

28	
maximum production rate when producing normal product, unless complying with Tier I or Adjusted Tier I feed rate screening limits for chlorine under 266.107(b)(1) or (e) and for all metals under 266.106(b) or (e), and uncontrolled particulate emissions do not exceed 266.105 standard	
85,111,114	
266.103(c)(1)(vi)	

	

28	
maximum combustion chamber temperature with temperature measured where specified; exception	
85,114	
266.103(c)(1)(vii)	

	

28	
maximum flue gas temperature entering a particulate matter control device; exception	
85,114	
266.103(c)(1)(viii)	

	

28	
limits for systems using wet scrubbers, including wet ionizing scrubbers; exception:	
85,94	
266.103(c)(1)(ix)	

	

		
85	
266.103(c)(1)(ix)(A)	

	

			
266.103(c)(1)(ix)(B)	

	

			
266.103(c)(1)(ix)(C)	

	

28	
systems using venturi scrubbers, the minimum differential gas pressure across the venturi; exception	
85	
266.103(c)(1)(x)	

	

28	
limits for systems using dry scrubbers; exception:	
85,94,114	
266.103(c)(1)(xi)	

	

		
85	
266.103(c)(1)(xi)(A)	

	

		
85,114	
266.103(c)(1)(xi)(B)	

	

28	
limits for systems using wet ionizing scrubbers or electrostatic precipitators; exception	
85,94	
266.103(c)(1)(xii)	

	

		
85	
266.103(c)(1)(xii)(A)	

	

			
266.103(c)(1)(xii)(B)	

	

28	
systems using fabric filters, the minimum pressure drop; exception	
85	
266.103(c)(1)(xiii)	

	

	
at least 30 days prior to 266.103(c)(3) compliance testing, notify Director and submit required information:	
85	
266.103(c)(2)	

	

	
general facility information	
85	
266.103(c)(2)(i)	

	

			
266.103(c)(2)(i)(A)	

	

			
266.103(c)(2)(i)(B)	

	

			
266.103(c)(2)(i)(C)	

	

			
266.103(c)(2)(i)(D)	

	

	
specific information on each device to be tested	
85	
266.103(c)(2)(ii)	

	

			
266.103(c)(2)(ii)(A)	

	

			
266.103(c)(2)(ii)(B)	

	

			
266.103(c)(2)(ii)(C)	

	

			
266.103(c)(2)(ii)(D)	

	

			
266.103(c)(2)(ii)(D)(1)	

	

			
266.103(c)(2)(ii)(D)(2)	

	

			
266.103(c)(2)(ii)(D)(3)	

	

			
266.103(c)(2)(ii)(E)	

	

			
266.103(c)(2)(ii)(F)	

	

	
information on testing planned, including complete copy of test protocol and QA/QC plan, and summary description for each test that provides specified information	
85	
266.103(c)(2)(iii)	

	

			
266.103(c)(2)(iii)(A)	

	

			
266.103(c)(2)(iii)(B)	

	

28	
compliance testing under 266.103(b) and 266.103(c)(2) conditions; case by case approval to use compliance test data from one unit in lieu of testing a similar on-site unit; information required to support owner or operator request; approval based on 266.103(c) requirements	
85,96	
266.103(c)(3)(i)	

	

28	
industrial furnaces that recycle collected particulate matter from air pollution control system must test to determine 266.106(c) or (d) metals standards compliance using one of the following procedures:	
85	
266.103(c)(3)(ii)	

	

28	
266, Appendix IX testing requirements in "Alternative Method for Implementing Metals Controls"	
85	
266.103(c)(3)(ii)(A)	

	

28	
stack emissions testing for 6 hrs/day while hazardous waste is burned during interim status; conditions for testing; analysis for metals content to assure 266.106(c) or (d) compliance; parameters for which operating limits must be established under 266.103(c)(3)	
85	
266.103(c)(3)(ii)(B)	

	

			
266.103(c)(3)(ii)(B)(1)	

	

			
266.103(c)(3)(ii)(B)(2)	

	

			
266.103(c)(3)(ii)(B)(3)	

	

			
266.103(c)(3)(ii)(B)(4)	

	

			
266.103(c)(3)(ii)(B)(5)	

	

28	
conduct compliance testing and establish limits on 266.103(c)(1) parameters after kiln system has been conditioned and has reached equilibrium with metals feed and metals emissions; conditions to be met during conditioning	
85	
266.103(c)(3)(ii)(C)	

	

28	
if no simultaneous demonstration of 266.104-266.107 compliance during a set of test runs, operating conditions of additional test runs as close as possible to original operating conditions	
85	
266.103(c)(3)(iii)(A)	

	

28	
facility to operate under compliance test conditions and reach steady-state operations before obtaining test data to demonstrate 266.104-266.107 emissions standards compliance or establishing operating parameter limits; specific industrial furnaces need not reach steady-state conditions prior to beginning metals compliance testing	
85	
266.103(c)(3)(iii)(B)	

	

28	
compliance test data obtained during emissions sampling are used to establish operating parameter limits in the certification of compliance when parameter must be established as per 266.103(c)(1)	
85	
266.103(c)(3)(iii)(C)	

	

	
within 90 days of completing compliance testing, certification to Director of compliance with 266.104(b),(c)&(e), 266.105-266.107 and 266.103(a)(5)(i)(D) emissions standards; certification must include:	
85	
266.103(c)(4)	

	

	
general facility and testing information	
85	
266.103(c)(4)(i)	

	

			
266.103(c)(4)(i)(A)	

	

			
266.103(c)(4)(i)(B)	

	

		
85,94	
266.103(c)(4)(i)(C)	

	

		
85	
266.103(c)(4)(i)(D)	

	

			
266.103(c)(4)(i)(E)	

	

			
266.103(c)(4)(i)(F)	

	

			
266.103(c)(4)(i)(G)	

	

			
266.103(c)(4)(i)(H)	

	

			
266.103(c)(4)(i)(I)	

	

	
specific information on each test	
85	
266.103(c)(4)(ii)	

	

			
266.103(c)(4)(ii)(A)	

	

			
266.103(c)(4)(ii)(B)	

	

			
266.103(c)(4)(ii)(B)(1)	

	

			
266.103(c)(4)(ii)(B)(2)	

	

			
266.103(c)(4)(ii)(B)(3)	

	

			
266.103(c)(4)(ii)(B)(4)	

	

		
85,94	
266.103(c)(4)(ii)(B)(5)	

	

	
specific information on each test (con't)	
85	
266.103(c)(4)(ii)(B)(6)	

	

			
266.103(c)(4)(ii)(B)(7)	

	

			
266.103(c)(4)(ii)(B)(8)	

	

			
266.103(c)(4)(ii)(B)(9)	

	

	
comparison of actual emissions per test  with emissions limits prescribed by 266.104(b),(c)&(e) and 266.105-266.107 and established in 266.103(b) certification of precompliance	
85	
266.103(c)(4)(iii)	

	

	
determination of operating limits based on all valid runs for 266.103(c)(1) parameters using one of two procedures:	
85	
266.103(c)(4)(iv)	

	

	
instantaneous limits	
85	
266.103(c)(4)(iv)(A)	

	

	
hourly rolling average basis as defined	
85	
266.103(c)(4)(iv)(B)(1)	

	

			
266.103(c)(4)(iv)(B)(1)(i)	

	

			
266.103(c)(4)(iv)(B)(1)(ii)	

	

	
parameter operating limit based on compliance test data and specific average	
85	
266.103(c)(4)(iv)(B)(2)	

	

	
feed rate limits for carcinogenic metals and lead established on either an hourly rolling average basis or on (up to) 24-hour rolling average basis; requirements for 2- to 24‑hour average period:	
85	
266.103(c)(4)(iv)(C)	

	

	
feed rate of each metal limited to ten times the allowable hourly rolling average basis feed rate	
85	
266.103(c)(4)(iv)(C)(1)	

	

	
specifications the continuous monitor shall meet	
85	
266.103(c)(4)(iv)(C)(2)	

	

			
266.103(c)(4)(iv)(C)(2)(i)	

	

		
85,94	
266.103(c)(4)(iv)(C)(2)(ii)	

	

	
operating limit for feed rate of each metal established based on compliance test data as the specified average	
85	
266.103(c)(4)(iv)(C)(3)	

	

	
feed rate limits for metals, total chloride and chlorine, and ash established and monitored based on feedstream concentration and flow rate; flow rate continuously monitored as per 266.103(c)(4)(iv)(A)-(C)	
85	
266.103(c)(4)(iv)(D)	

	

	
language of statement to accompany the certification of compliance	
85	
266.103(c)(4)(v)	

	

	
if required to comply with 266.104(c) or 266.103(a)(5)(i)(D) HC controls, conditioned gas monitoring system may be used in conformance with 266, Appendix IX specifications, provided certification of compliance is submitted without 266.103(c)(7) time extension	
85,111,144	
266.103(c)(5)	

	

	
special operating requirements for industrial furnaces that recycle collected particulate matter from air pollution control system:	
85	
266.103(c)(6)	

	

	
266, Appendix IX operating requirements in "Alternative Method to Implement the Metals Controls" if complying with 266.103(c)(3)(ii)(A)	
85	
266.103(c)(6)(i)	

	

	
operating requirements of 266.103(c)(3)(ii)(B) if complying with that paragraph	
85	
266.103(c)(6)(ii)	

	

	
requirements if fail to submit complete certification of compliance for 266.104-266.107 emissions standards by August 21, 1992:	
85	
266.103(c)(7)(i)	

	

	
stop burning hazardous waste and begin 266.103(l) closure	
85,94	
266.103(c)(7)(i)(A)	

	

	
limit hazardous waste burning only for purposes of compliance testing (and pretesting to prepare for compliance testing) to a total period of 720 hours beginning August 21, 1992; submit notification to Director by August 21, 1992, stating operation under restricted interim status and intention to resume hazardous waste burning; submit complete certification of compliance by August 23, 1993	
85,94	
266.103(c)(7)(i)(B)	

	

	
obtain case-by-case time extension under 266.103(c)(7)(ii)	
85	
266.103(c)(7)(i)(C)	

	

	
condition under which a case-by-case time extension may be requested for any 266.103(c) time limit	
85	
266.103(c)(7)(ii)	

	

	
in granting extension, Director may apply specified conditions	
85	
266.103(c)(7)(ii)(A)	

	

	
if time extension requested to enable facility to comply with alternative hydrocarbon provisions of 266.104(f) and to obtain RCRA permit because 266.104(c) HC limit cannot be met:	
85,111	
266.103(c)(7)(ii)(B)	

	

	
what Director shall consider:	
85	
266.103(c)(7)(ii)(B)(1)	

	

	
determine if complete Part B permit application that includes 270.22(b) information has been submitted	
85	
266.103(c)(7)(ii)(B)(1)(i)	

	

	
consider if good faith effort to certify compliance with all other emission controls has been made	
85,94	
266.103(c)(7)(ii)(B)(1)(ii)	

	

27	
if extension granted, require facility to operate under 266.104(f)(1) baseline CO and HC flue gas concentration limits	
85,94	
266.103(c)(7)(ii)(B)(2)	

	

	
submit at any time a  revised certification of compliance under specific procedures:	
85	
266.103(c)(8)	

	

	
prior to submittal, may not burn hazardous waste for more than 720 hours under operating conditions that exceed those in current certification of compliance; such burning conducted only to determine if 266.104-266.107 emissions standards can be met under revised conditions	
85	
266.103(c)(8)(i)	

	

	
at least 30 days prior to first burning under revised conditions, notify Director and submit specific information:	
85	
266.103(c)(8)(ii)	

	

	
EPA facility ID number, facility name, contact person, telephone number and address	
85	
266.103(c)(8)(ii)(A)	

	

	
operating conditions owner/operator is seeking to revise and description of changes that prompted need to revise	
85	
266.103(c)(8)(ii)(B)	

	

	
determination that under revised operating conditions, 266.104-266.107 standards unlikely to be exceeded; 266.103(b)(2) information for documentation	
85	
266.103(c)(8)(ii)(C)	

	

	
complete emissions testing protocol for pretesting and new compliance test, including schedule for 266.104-266.107 emission standards compliance; 30-day prior written notice if revision in compliance test date	
85	
266.103(c)(8)(ii)(D)	

	

	
conduct compliance test under revised operating conditions and submitted protocol to determine 266.104-266.107 emissions standards compliance	
85	
266.103(c)(8)(iii)	

	

	
submit revised certification of compliance under 266.103(c)(4)	
85	
266.103(c)(8)(iv)	

	

	
recertification of compliance within three years; if recertification under new operating conditions, 266.103(c)(8) compliance	
85	
266.103(d)	

	

	
if noncompliance with interim status compliance schedule, burning is to terminate on date deadline is missed, closure to begin under 266.103(l), and no resumption of burning except under 270.66 operating permit; criteria for compliance with 266.103(l), 266.112(d)(2) and 266.113 provisions	
85,96	
266.103(e)	

	

	
no hazardous waste as feed during start-up and shut-down unless device is operating within certification conditions	
85	
266.103(f)	

	

	
during 266.103(c)(3) compliance test and upon certification of compliance, automatic waste feed cutoff required; additional requirements include:	
85	
266.103(g)	

	

	
maintenance of minimum combustion chamber temperature while hazardous waste or residues remain in chamber to minimize emissions of organic compounds	
85,94	
266.103(g)(1)	

	

	
if compliance with combustion chamber temperature limit is based on hourly rolling average, minimum temperature during compliance test is averaged over all runs of the lowest hourly rolling average for each run	
85	
266.103(g)(1)(i)	

	

	
if compliance with combustion chamber temperature limit is based on instantaneous temperature measurement, minimum temperature during compliance test is time-weighted average during all test runs	
85	
266.103(g)(1)(ii)	

	

	
continued monitoring of operating parameters with limits during cutoff; no restart of hazardous waste feed until parameters comply with limits established in compliance certification	
85	
266.103(g)(2)	

	

	
requirements for controlling fugitive emissions	
85	
266.103(h)	

	

			
266.103(h)(1)	

	

			
266.103(h)(2)	

	

			
266.103(h)(3)	

	

	
cease burning hazardous waste when changes in combustion properties, feed rates, feed stocks/fuels or design or operating conditions deviate from limits specified in compliance certification	
85	
266.103(i)	

	

	
owner or operator, while burning hazardous waste, must monitor and record:	
85	
266.103(j)(1)	

	

	
specified feed rates and composition of specified materials to ensure conformance with certification	
85	
266.103(j)(1)(i)	

	

	
CO, HC and oxygen on a continuous basis as specified; monitors installed, operated and maintained as per 266, Appendix IX methods	
85	
266.103(j)(1)(ii)	

	

	
sampling and analysis as requested by Director to verify compliance with 266.104-266.107 standards	
85	
266.103(j)(1)(iii)	

	

	
daily visual inspection of boiler or industrial furnace and associated equipment when they contain hazardous waste	
85	
266.103(j)(2)	

	

	
test automatic feed cutoff system and associated alarms at least once every 7 days when hazardous waste is burned unless specified conditions are demonstrated; operational testing at least once every 30 days	
85	
266.103(j)(3)	

	

	
monitoring and inspection data recorded and placed in operating log	
85	
266.103(j)(4)	

	

	
all 266.103-required information and data kept in facility operating record until closure of the boiler or industrial furnace unit	
85,96	
266.103(k)	

	

	
remove all hazardous waste and hazardous waste residues at closure and comply with 265.111-265.115	
85	
266.103(l)	

	

	
STANDARDS TO CONTROL ORGANIC EMISSIONS	

except as 266.104(a)(3) provides, DRE of 99.99% required for all organic hazardous constituents; demonstration during trial burn for each POHC in permit for each waste feed; DRE equation	
85,94	
266.104(a)(1)	

	

	
POHC compliance with DRE requirements to be demonstrated in trial burn in conformance with 270.66 procedures; designation of POHCs for each waste feed by Director based on degree of difficulty of destruction and on waste feed concentrations considering analyses submitted with Part B; 261, Appendix VIII compounds unless demonstration of other compound is suitable indicator of DRE requirements	
85	
266.104(a)(2)	

	

	
DRE of 99.9999% for F020-F023, F026 or F027 as determined from 266.104(a)(1) equation; notification of intent to burn such wastes	
85,94	
266.104(a)(3)	

	

	
owners and operators of boilers operating under 266.110 requirements are exempt from DRE trial burn	
85	
266.104(a)(4)	

	

	
owners and operators of boilers or industrial furnaces in compliance with 266.109(a) are exempt from DRE trial burn	
85	
266.104(a)(5)	

	

	
except as 266.104(c) provides, CO stack gas concentration cannot exceed 100 ppmv on an hourly rolling average basis, continuously corrected to 7% oxygen, dry gas basis	
85	
266.104(b)(1)	

	

	
continuous monitoring of CO and oxygen in conformance with 266, Appendix IX specifications	
85,94	
266.104(b)(2)	

	

	
demonstration of 100 ppmv CO compliance during trial burn or compliance test; highest hourly rolling average CO must not exceed 100 ppmv	
85	
266.104(b)(3)	

	

	
stack gas concentration of CO may exceed 100 ppmv if HC concentrations do not exceed 20 ppmv; exception under 266.104(f)	
85	
266.104(c)(1)	

	

	
HC limits established on hourly rolling average basis, reported as propane, continuously corrected to 7% oxygen, dry gas basis	
85	
266.104(c)(2)	

	

	
HC continuously monitored under 266, Appendix IX specifications; CO and oxygen continuously monitored under 266.104(b)(2)	
85,94	
266.104(c)(3)	

	

	
alternative CO standard based on trial burn data (new facility) and compliance test (interim status facility); definition and implementation	
85	
266.104(c)(4)	

	

	
industrial furnaces that feed hazardous waste for purpose other than solely as an ingredient at any location other than end where products are normally discharged and fuels are normally fired must comply with 266.104(c) or (f) hydrocarbon limits, irrespective of whether 266.104(b) standard is met	
85	
266.104(d)	

	

	
site-specific risk assessment for specific boilers and industrial furnaces to demonstrate that chlorinated dibenzo-p-dioxins and dibenzofurans emissions do not result in increased lifetime cancer risk exceeding 1 in 100,000 MEI; assessment requirements:	
85	
266.104(e)	

	

	
determine emission rates of certain tetraocta congeners during trial burn or compliance test using 266, Appendix IX Method 23	
85,94	
266.104(e)(1)	

	

	
estimate 2,3,7,8-TCDD toxicity equivalence of specified congeners using 266, Appendix IX procedures; formula for estimation of equivalent emission rate	
85,94	
266.104(e)(2)	

	

	
conduct dispersion modeling using recommended methods to predict maximum annual average off-site ground level concentrations of 2,3,7,8-TCDD equivalents; maximum annual average concentration used when a person resides on-site;  wording should refer to Appendix W, Part 51 rather than Appendix X, Part 266, methods	
85,125	
266.104(e)(3)	

	

	
specified 2,3,7,8-TCDD ratio shall not exceed 1.0	
85,94,96	
266.104(e)(4)	

	

	
cement kilns may comply with CO and HC limits under 266.104(b)-(d) by monitoring in the by-pass duct provided:	
85,94,111,144	
266.104(f)	

	

30	
fire hazardous waste only into the kiln	
85,144	
266.104(f)(1)	

	

30,
	
by-pass duct diverts minimum of 10% of kiln off-gas into duct	
85,94,144	
266.104(f)(2)	

	

30	
simultaneous demonstration of 266.104 compliance by emissions testing or during separate runs under identical operating conditions; data to demonstrate compliance with CO and HC limits or to establish alternative limits must be obtained during DRE testing, CDD/CDF testing and comprehensive organic emissions testing	
85,144	
266.104(g)	

	

30	
compliance with permit operating requirements regarded as compliance with 266.104; if such compliance is insufficient, modification or revocation and reissuance of permit under 270.41	
85,144	
266.104(h)	

	

30	
redesignated as 266.104(h)	
144	
266.104(i)	

	

	
STANDARDS TO CONTROL PARTICULATE MATTER	

particulate matter emissions limited to 180 milligrams per dry standard cubic meter after specified correction using Part 60, Appendix A, Methods 1-5 and 266, Appendix IX procedures	
85	
266.105(a)	

	

	
owner or operator meeting 266.109(b) requirements for low risk waste exemption is exempt from particulate matter standard	
85	
266.105(b)	

	

	
add new paragraph; oxygen correction	
182	
266.105(c) intro	

	

32	
add new subparagraph; measured pollutant levels must be corrected for oxygen in stack gas according to specified formula 	
182	
266.105(c)(1)	

	

32	
add new subparagraph; explanation of AE@ in 266.105(c)(1) formula	
182	
266.105(c)(2)	

	

32	
add new subparagraph; compliance with 266 subpart H emission standards must be based on correcting to 7 percent oxygen 	
182	
266.105(c)(3)	

	

32	
compliance with permit operating requirements regarded as compliance with 266.105; if such compliance is insufficient, modification or revocation and reissuance of permit under 270.41	
85,182	
266.105(d)	

	

	
STANDARDS TO CONTROL METALS EMISSIONS	

compliance with 266.106(b), (c), (d), (e), or (f) for each 266.106(b) metal that is detectable in waste using specified procedures	
85,94	
266.106(a)	

	

	
Tier I feed rate screening limits for metals specified in 266, Appendix I as a function of terrain-adjusted effective stack height and terrain and land use in facility vicinity; criteria for ineligible facilities in 266.107(b)(7)	
85	
266.106(b)	

	

	
feed rates of antimony, barium, lead, mercury, thallium and silver in all feedstreams shall not exceed 266, Appendix I screening limits	
85	
266.106(b)(1)	

	

	
what feed rate screening limits for antimony, barium, mercury, thallium, and silver are based on	
85	
266.106(b)(1)(i)	

	

			
266.106(b)(1)(i)(A)	

	

			
266.106(b)(1)(i)(B)	

	

	
what feed rate screening limit for lead is based on	
85	
266.106(b)(1)(ii)	

	

			
266.106(b)(1)(ii)(A)	

	

			
266.106(b)(1)(ii)(B)	

	

			
266.106(b)(1)(ii)(C)	

	

	
feed rates of arsenic, cadmium, beryllium and chromium in all feedstreams shall not exceed values derived from 266, Appendix I screening limits; feed rate limit equation	
85,94	
266.106(b)(2)(i)	

	

	
what feed rate screening limits for carcinogenic metals are based on	
85	
266.106(b)(2)(ii)	

	

			
266.106(b)(2)(ii)(A)	

	

		
85,94	
266.106(b)(2)(ii)(B)	

	

	
equation for terrain-adjusted effective stack height (TESH)	
85	
266.106(b)(3)(i)	

	

	
stack height may not exceed 40 CFR 51.100(ii) good engineering practice	
85	
266.106(b)(3)(ii)	

	

	
if TESH for a particular facility is not listed in table in appendices, nearest lower TESH to be used; if TESH # 4 meters, a value of 4 meters shall be used	
85	
266.106(b)(3)(iii)	

	

	
screening limits function of noncomplex or complex terrain; criteria; use U.S. Geological Survey 7.5-minute topographic maps	
85	
266.106(b)(4)	

	

	
screening limits function of urban or rural land use; determination using 266, Appendix IX or X	
85,94	
266.106(b)(5)	

	

	
facilities with multiple stacks must comply with screening limits for all units assuming all hazardous waste is fed into device with worst-case stack; worst-case stack equation, with lowest K value the worst-case stack	
85,94	
266.106(b)(6)	

	

	
criteria under which Tier III standards or Adjusted Tier I feed rate screening limits apply instead of Tier I and Tier II screening limits	
85,111	
266.106(b)(7)	

	

		
85	
266.106(b)(7)(i)	

	

			
266.106(b)(7)(ii)	

	

			
266.106(b)(7)(iii)	

	

			
266.106(b)(7)(iv)	

	

			
266.106(b)(7)(v)	

	

	
monitor feed rate of metals in each feedstream to ensure screening limits are not exceeded	
85	
266.106(b)(8)	

	

	
Tier II emission rate screening limits function of stack height and terrain and land use in facility vicinity; ineligible facilities comply with 266.106(b)(7) criteria	
85	
266.106(c)	

	

	
emission rates of antimony, barium, lead, mercury, thallium and silver shall not exceed 266, Appendix I screening limits	
85	
266.106(c)(1)	

	

	
emission rates of arsenic, cadmium, beryllium and chromium shall not exceed values derived from 266, Appendix I screening limits; emission rate equation	
85,94	
266.106(c)(2)	

	

	
emission rate limits implemented by limiting individual metal feed rates to trial burn or compliance test levels; averaging periods; monitoring of metals feed rate in each feedstream to ensure compliance with 266.102 or 266.103 limits	
85	
266.106(c)(3)	

	

	
266.106(b) definitions and limitations for specified terms also apply to 266.106(c) Tier II emission rate screening limits	
85	
266.106(c)(4)	

	

	
facilities with multiple stacks must comply with emissions screening limits for any such stacks assuming all hazardous waste is fed into device with worst-case stack	
85	
266.106(c)(5)(i)	

	

	
worst-case stack determined by 266.106(b)(6) procedures	
85	
266.106(c)(5)(ii)	

	

	
for each metal, total emissions from those stacks shall not exceed worst-case stack screening limit	
85	
266.106(c)(5)(iii)	

	

	
facilities complying with either Tier III or Adjusted Tier I controls	
111	
266.106(d)	

	

	
conformance with Tier III metals control demonstrated by emissions testing; conformance with either Tier III or Adjusted Tier I metals controls demonstrated by air dispersion modeling; demonstration that acceptable ambient levels are not exceeded	
85,111	
266.106(d)(1)	

	

	
266, Appendices IV and V list acceptable ambient levels; RACs listed for noncarcinogenic metals and 10-5 RSDs listed for carcinogenic metals; RSD defined	
85	
266.106(d)(2)	

	

	
sum of the ratios of predicted ambient concentrations to risk-specific dose for all carcinogenic metals emitted shall not exceed 1.0; equation	
85,94,111	
266.106(d)(3)	

	

	
for noncarcinogenic metals, predicted maximum annual average off-site ground level concentration shall not exceed the RAC	
85	
266.106(d)(4)	

	

	
owners/operators with multiple stacks must conduct emissions testing and dispersion modeling to demonstrate that aggregate emissions do not exceed acceptable ambient levels; exception for facilities complying with Adjusted Tier I controls	
85,111	
266.106(d)(5)	

	

	
under Tier III, feed rates limited to trial burn or compliance test levels; averaging periods same as under 266.106(b)(1)(i)-(ii) and (b)(2)(ii); monitor metals feed rate in each feedstream to ensure 266.102 or 266.103 compliance	
85	
266.106(d)(6)	

	

	
Adjusted Tier I feed rate screening limits to account for site-specific dispersion modeling; how to estimate adjusted feed rate; feed rate screening limits for carcinogenic metals implemented under 266.106(b)(2)	
85,94	
266.106(e)	

	

	
alternative implementation approaches approved by Director on a case-by-case basis for Tier II or III metals emission limits	
85	
266.106(f)(1)	

	

	
determination of 266.106(d) emissions limits for each noncarcinogenic and carcinogenic metal	
85	
266.106(f)(2)	

	

			
266.106(f)(2)(i)	

	

		
85,94	
266.106(f)(2)(ii)	

	

		
85	
266.106(f)(2)(ii)(A)	

	

		
85,94	
266.106(f)(2)(ii)(B)	

	

	
use 266, Appendix IX Multiple Metals Train to conduct emissions testing	
85	
266.106(g)(1)	

	

	
chromium emissions assumed to be hexavalent chromium unless owner/operator determines otherwise	
85	
266.106(g)(2)	

	

	
dispersion modeling conducted according to specified methods to predict maximum annual average off-site ground level concentration; on-site  concentrations when person resides on-site	
85,125	
266.106(h)	

	

	
compliance with 266.102 permit operating requirements regarded as 266.106 compliance unless evidence indicates otherwise; modification or revocation and re-issuance of permit under 270.41	
85	
266.106(i)	

	

	
STANDARDS TO CONTROL HYDROGEN CHLORIDE (HCI) AND CHLORINE GAS (CI2) EMISSIONS	

compliance with HCl and Cl2 controls under 266.107(b), (c) or (e)	
85,
94,111	
266.107(a)	

	

	
Tier I feed rate screening limits for total chlorine specified in 266, Appendix II as a function of stack height and terrain and land use in facility vicinity; feed rate of total chlorine and chloride in all feedstreams not to exceed specified levels	
85	
266.107(b)(1)	

	

	
Tier II emission rate screening limits for HCl and Cl2 specified in 266, Appendix III as a function of terrain-adjusted effective stack height and terrain and land use in facility vicinity; stack emission rates not to exceed specified levels	
85,94	
266.107(b)(2)	

	

	
266.106(b) definitions and limitations for specified terms also apply to 266.107(b) screening limits	
85,94	
266.107(b)(3)	

	

	
facilities with multiple stacks subject to HCl or Cl2 emissions controls must comply with Tier I and II screening limits assuming all hazardous waste is fed into device with worst-case stack	
85	
266.107(b)(4)	

	

	
worst-case stack determined by 266.106(b)(6) procedures	
85	
266.107(b)(4)(i)	

	

	
under Tier I, total feed rate of chlorine and chloride to all subject devices not to exceed worst-case stack screening limit	
85	
266.107(b)(4)(ii)	

	

	
under Tier II, total HCl and Cl2 emissions from all subject stacks not to exceed worst-case stack screening limit	
85	
266.107(b)(4)(iii)	

	

	
conformance with Tier III controls demonstrated by HCl and Cl2 emissions testing, air dispersion modeling, and demonstration that acceptable ambient levels are not exceeded	
85	
266.107(c)(1)	

	

	
266, Appendix IV lists RACs for HCl and Cl2	
85	
266.107(c)(2)	

	

	
facilities with multiple stacks subject to HCl or Cl2 emissions controls must conduct emissions testing and dispersion modeling to demonstrate that aggregate emissions do not exceed acceptable ambient levels for HCl and Cl2	
85	
266.107(c)(3)	

	

	
HCl and Cl2 controls implemented by limiting feed rate of total chlorine and chloride in all feedstreams; feed rate under Tier I limited to Tier I screening limits; feed rate under Tiers II and III limited to trial burn or compliance test feed rates; feed rate limits based on:	
85	
266.107(d)	

	

		
85,94	
266.107(d)(1)	

	

			
266.107(d)(2)	

	

	
adjusted Tier I feed rate screening limits to account for site-specific dispersion modeling; how to determine these adjusted rates	
85	
266.107(e)	

	

	
emissions testing for HCl and Cl2 conducted using 266, Appendix IX procedures	
85	
266.107(f)	

	

	
dispersion modeling conducted according to 266.106(h) provisions	
85	
266.107(g)	

	

	
compliance with 266.102 permit operating requirements regarded as 266.107 compliance unless evidence indicates otherwise; modification or revocation and re-issuance of permit under 270.41	
85	
266.107(h)	

	

	
SMALL QUANTITY ON-SITE BURNER EXEMPTION	

owners and operators that burn hazardous waste in on-site boiler or industrial furnace exempt from 266 Subpart H requirements provided:	
85,94	
266.108(a)	

	

	
quantity of hazardous waste burned for a calendar month does not exceed limits shown in table titled "Exempt Quantities for Small Quantity Burner Exemption" based on 266.106(b)(3) terrain-adjusted effective stack height; table	
85,94	
266.108(a)(1)	

	

	
maximum hazardous waste firing rate does not exceed 1% of total fuel requirements on a total heat input or mass input basis, whichever results in the lower mass feed rate of hazardous waste	
85,96	
266.108(a)(2)	

	

	
minimum heating value of 5,000 Btu/lb	
85	
266.108(a)(3)	

	

	
does not contain F020-F023, F026 or F027	
85	
266.108(a)(4)	

	

	
if mixed with non-hazardous waste, compliance with 266.108(a) quantity before mixing	
85	
266.108(b)	

	

	
equation for implementing 266.108(a)(1) quantity limits if burning in more than one exempt on-site boiler or industrial furnace	
85,94,111	
266.108(c)	

	

	
one-time signed, written notification requirements for small quantity burner exemption	
85	
266.108(d)	

	

			
266.108(d)(1)	

	

			
266.108(d)(2)	

	

			
266.108(d)(3)	

	

	
maintain for at least 3 years sufficient records documenting quantity firing rate and heating value limits compliance, including quantity burned per calendar month and heating value	
85	
266.108(e)	

	

	
LOW RISK WASTE EXEMPTION	

waiver of 266.104(a) DRE standard if device is operated in conformance with 266.109(a)(1) and burning will not result in unacceptable adverse health effects as per 266.109(a)(2) procedures	
85	
266.109(a)	

	

	
operating requirements for device	
85	
266.109(a)(1)	

	

		
85,94,96	
266.109(a)(1)(i)	

	

		
85	
266.109(a)(1)(ii)	

	

			
266.109(a)(1)(iii)	

	

			
266.109(a)(1)(iv)	

	

	
procedures to demonstrate that hazardous waste burning will not pose unacceptable adverse public health effects	
85	
266.109(a)(2)	

	

			
266.109(a)(2)(i)	

	

			
266.109(a)(2)(ii)	

	

			
266.109(a)(2)(iii)	

	

			
266.109(a)(2)(iii)(A)	

	

			
266.109(a)(2)(iii)(B)	

	

		
85,94	
266.109(a)(2)(iv)	

	

			
266.109(a)(2)(iv)(A)	

	

		
85	
266.109(a)(2)(iv)(B)	

	

			
266.109(a)(2)(iv)(C)	

	

	
conditions under which the 266.105 particulate matter standard is waived	
85	
266.109(b)	

	

			
266.109(b)(1)	

	

		
85,94	
266.109(b)(2)	

	

	
WAIVER OF DRE TRIAL BURN FOR BOILERS	

boilers operating under 266.110 requirements and that do not burn F020-F023, F026 or F027 considered in compliance with 266.104(a) DRE standard, and trial burn to demonstrate DRE is waived; when burning hazardous waste:	
85	
266.110 intro	

	

	
"primary fuel" defined; minimum of 50% primary fuel firing rate, determined on total heat or mass input basis, whichever results in the greater mass feed rate	
85,96	
266.110(a)	

	

	
boiler load defined and not less than 40%	
85	
266.110(b)	

	

	
minimum as-fired heating value of 8,000 Btu/lb	
85	
266.110(c)	

	

	
conformance with 266.104(b)(1) carbon monoxide standard; boilers subject to 266.110 DRE waiver not eligible for 266.104(c) alternative carbon monoxide standard	
85	
266.110(d)	

	

	
boiler must be water-tube type that does not feed fuel using a stoker or stoker type mechanism	
85	
266.110(e)	

	

	
conditions under which hazardous waste shall be fired directly into primary fuel flame zone of combustion chamber with an air or steam, mechanical or rotary cup atomization system	
85	
266.110(f) intro	

	

			
266.110(f)(1)	

	

			
266.110(f)(2)	

	

		
85,94	
266.110(f)(3)	

	

		
85	
266.110(f)(4)	

	

	
STANDARDS FOR DIRECT TRANSFER	

266.111 regulations apply to boilers and industrial furnaces subject to 266.102 or 266.103 if direct transfer of hazardous waste from transport vehicle to boiler or industrial furnace without use of storage unit	
85	
266.111(a)	

	

	
for 266.111, terms have meanings given in 266.111(b)(1)	
85	
266.111(b)(1)intro	

	

	
"direct transfer equipment"	
85	
266.111(b)(1)	

	

	
"container"	
85	
266.111(b)(1)	

	

	
"tank systems" means direct transfer equipment when Subparts I and J of Parts 264 and 265 are referenced	
85	
266.111(b)(2)	

	

	
no direct transfer of pumpable hazardous waste from open-top container to boiler or industrial furnace	
85	
266.111(c)(1)	

	

	
direct transfer equipment requirements	
85	
266.111(c)(2)	

	

	
direct transfer of hazardous waste to boiler or industrial furnace conducted so that it does not result in any 266.111(c)(3)(i)-(vi) situation	
85	
266.111(c)(3) intro	

	

			
266.111(c)(3)(i)	

	

			
266.111(c)(3)(ii)	

	

			
266.111(c)(3)(iii)	

	

			
266.111(c)(3)(iv)	

	

			
266.111(c)(3)(v)	

	

			
266.111(c)(3)(vi)	

	

	
conditions under which hazardous waste shall not be placed in direct transfer equipment	
85	
266.111(c)(4)	

	

	
appropriate controls and practices to prevent spills and overflows from direct transfer equipment or its secondary containment system	
85	
266.111(c)(5) intro	

	

			
266.111(c)(5)(i)	

	

			
266.111(c)(5)(ii)	

	

	
applying 266.111(b)(1) definition of container, owners and operators must comply with:	
85	
266.111(d) intro	

	

	
264.175 containment requirements	
85	
266.111(d)(1)	

	

	
use and management requirements of Subpart I, Part 265 requirements, except 265.170 and 265.174; compliance with specified maintenance and protective distances in lieu of 265.176 requirements; written certification by local fire marshall to be kept on file	
85,96	
266.111(d)(2)	

	

	
264.178 closure requirements	
85	
266.111(d)(3)	

	

	
direct transfer equipment must meet following requirements:	
85	
266.111(e) intro	

	

	
secondary containment requirements for new and existing equipment	
85	
266.111(e)(1) intro	

	

			
266.111(e)(1)(i)	

	

			
266.111(e)(1)(ii)	

	

	
for existing direct transfer equipment without secondary containment, determination whether leaking or unfit for use; written assessment reviewed and certified by qualified, registered professional engineer in accordance with 270.11(d) by August 21, 1992	
85	
266.111(e)(2)(i)	

	

	
minimum considerations for assessment	
85	
266.111(e)(2)(ii) intro	

	

			
266.111(e)(2)(ii)(A)	

	

			
266.111(e)(2)(ii)(B)	

	

			
266.111(e)(2)(ii)(C)	

	

			
266.111(e)(2)(ii)(D)	

	

			
266.111(e)(2)(ii)(E)	

	

	
if, due to 266.111(e)(2)(i)&(ii) assessment, direct transfer equipment found to be leaking or unfit for use, compliance with 265.196(a) and (b)	
85	
266.111(e)(2)(iii)	

	

	
inspection requirements at least once each operating hour when transferring hazardous waste from container to boiler or industrial furnace	
85	
266.111(e)(3)(i) intro	

	

			
266.111(e)(3)(i)(A)	

	

			
266.111(e)(3)(i)(B)	

	

			
266.111(e)(3)(i)(C)	

	

	
inspect cathodic protection systems to ensure 265.195(b) compliance	
85	
266.111(e)(3)(ii)	

	

	
records of inspections maintained in operating record for at least 3 years	
85	
266.111(e)(3)(iii)	

	

	
265.192 compliance for design and installation of new ancillary equipment	
85	
266.111(e)(4)	

	

	
265.196 compliance for response to leaks or spills	
85	
266.111(e)(5)	

	

	
265.197 closure compliance, except 265.197(c)(2)-(4)	
85	
266.111(e)(6)	

	

	
REGULATION OF RESIDUES	

residue derived from burning or processing of hazardous waste is not excluded under 261.4(b)(4), (7) or (8) unless device and owner or operator meet the following requirements:	
85,94	
266.112 intro	

	

	
criteria the device must meet:	
85	
266.112(a) intro	

	

		
85,96	
266.112(a)(1)	

	

		
85	
266.112(a)(2)	

	

			
266.112(a)(3)	

	

	
demonstration by owner or operator that hazardous waste does not significantly affect residue by demonstrating conformance with either of two criteria:	
85	
266.112(b)	

	

	
comparison of waste-derived residue with normal residue for 261, Appendix VIII constituents; procedures to be used; analyses and results for polychlorinated dibenzo-p-dioxins & polychlorinated dibenzo-furans	
85,182	
266.112(b)(1) intro	

	

	
determination of concentrations of toxic constituents of concern in normal residue based on analyses of a minimum of 10 samples representing a minimum of 10 days of operation; determine compositing period not to exceed 24 hours; upper tolerance limit (at 95% confidence with a 95% proportion of the sample distribution) for the statistically-derived concentration; when to revise; how to determine the upper tolerance limit	
85,96	
266.112(b)(1)(i)	

	

36	
sampling and analysis of waste-derived residue to determine whether residue generated during each 24-hour period has concentrations of toxic constituents higher than 266.112(b)(1)(i) normal residue concentrations; if so, residue not excluded from definition of hazardous waste; toxic constituent concentrations based on analysis of samples obtained over 24-hour period; for multiple samples, concentration of toxic constituent is arithmetic mean; no results may be disregarded	
85,96	
266.112(b)(1)(ii)	

	

	
concentration of each nonmetal toxic constituent of concern in waste-derived residue must not exceed health-based limits specified in 266, Appendix VII or level detection using SW-846 analytical procedures; if no limit in Appendix VII, limit is 0.002 mg/kg or level of detection, whichever is higher; levels specified in appendix VII (and default level of 0.002 mg/kg or level of detection as identified in Note 1) are administratively stayed; owner or operator must comply with alternative levels defined as land disposal restriction limits specified in ' 268.43 for F039 nonwastewaters; compliance based on good-faith effort to detect constituents; demonstration of good-faith efforts;   analyses required for F039 nonwastewater levels for specified constituents	
85,111,H127,182	
266.112(b)(2)(i)	

	

	
add new note; administrative stay, under condition that owner or operator complies with 268.43, remains in effect until further administrative action is taken and notice is published in the FR and CFR	
182	
266.112(b)(2)(i)/Note	

	

	
for metal constituents, in extract concentration obtained using 261.24 TCLP not to exceed 266, Appendix VII limits	
85	
266.112(b)(2)(ii)	

	

	
sampling and analysis of waste-derived residue to determine whether residue generated during each 24-hour period has concentrations of toxic constituents higher than health-based levels; determination of toxic concentrations based on analysis of one or more samples obtained over 24-hour period; for multiple samples, concentration of toxic constituent is arithmetic mean of concentrations in samples; no results may be disregarded	
96	
266.112(b)(2)(iii)	

	

	
records to document 266.112 compliance to be retained until closure of boiler or industrial furnace unit; information to be recorded	
85,96	
266.112(c) intro	

	

		
85	
266.112(c)(1)	

	

			
266.112(c)(2) intro	

	

			
266.112(c)(2)(i)	

	

			
266.112(c)(2)(ii)	

	

	
APPENDIX I TO PART 266	

TIER I AND TIER II FEED RATE AND EMISSIONS SCREENING LIMITS FOR METALS	

Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities in Noncomplex Terrain (see 56 FR 7228 and 56 FR 32690 or the July 1, 1992 CFR)	
85,94	
Appendix I/Table I-A	

	

	
Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities in Noncomplex Terrain (see 56 FR 7229)	
85	
Appendix I/Table I-B	

	

	
Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities in Complex Terrain (see 56 FR 7229)	
85	
Appendix I/Table I-C	

	

	
Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in Noncomplex Terrain (see 56 FR 7230 and 56 FR 32690 or the July 1, 1992 CFR)	
85,94	
Appendix I/Table I-D	

	

	
Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in Complex Terrain (see 56 FR 7230 and 56 FR 32690, or the July 1, 1992 CFR)	
85,94	
Appendix I/Table I-E	

	

	
APPENDIX II TO PART 266	

TIER I FEED RATE LIMITS FOR TOTAL CHLORINE	

Tier I feed rate screening limits for chlorine for facilities in noncomplex and complex terrain (see 56 FR 32690-32691 or the July 1, 1992 CFR)	
85,94	
Appendix II	

	

	
APPENDIX III TO PART 266	

TIER II EMISSION RATE SCREENING LIMITS FOR FREE CHLORINE AND HYDROGEN CHLORIDE	

38	
Tier II emissions screening limits for Cl2 and HCl in non-complex and complex terrain (see 56 FR 32691 or the July 1, 1992 CFR)	
85,94	
Appendix III	

	

	
APPENDIX IV TO PART 266	

REFERENCE AIR CONCENTRATIONS	

Constituents, CAS Nos. and RAC (see 56 FR 7232 and 56 FR 32691 or the July 1, 1992 CFR)	
85,94	
Appendix IV	

	

	
APPENDIX V TO PART 266	

RISK SPECIFIC DOSES	

Constituents, CAS Nos., Unit risk and RsD (see 56 FR 7232-7233 or the July 1, 1992 CFR)	
85	
Appendix V	

	

	
APPENDIX VI TO PART 266	

STACK PLUME RISE	

flow rates and exhaust temperatures (see 56 FR 7233-7234 or the July 1, 1992 CFR)	
85	
Appendix VI	

	

	
APPENDIX VII TO PART 266	

HEALTH-BASED LIMITS FOR EXCLUSION OF WASTE-DERIVED RESIDUES	

Metals--TCLP Extract Concentration Limits (56 FR 7234 and 56 FR 32691 or the July 1, 1992 CFR)	
85,94	
Appendix VII	

	

	
Nonmetals--Residue Concentration Limits (see 56 FR 7234 and 56 FR 32691 or the July 1, 1992 CFR); include note regarding administrative stay of specified and default levels for constituents specified in ' 266.112(b)(1) provided owner or operator complies with alternative levels defined in 266.112(b)(2)(i)	
85,94, H127	
Appendix VII	

	

	
APPENDIX VIII TO PART 266	

 ORGANIC COMPOUNDS FOR WHICH RESIDUES MUST BE ANALYZED	

 Organic Compounds for Which Residues Must Be Analyzed	
85,94,182	
Appendix VIII	

	

	
APPENDIX IX TO PART 266	

METHODS MANUAL FOR COMPLIANCE WITH BIF REGULATIONS	

Burning Hazardous Waste in Boilers and Industrial Furnaces (see 56 FR 32692-32795 or the July 1, 1992 CFR)	
85,94	
Appendix IX	

	

40	
Classification of Land Use Types (see 56 FR 32770 and 57 FR 38566)	
85,94,111	
Appendix IX/Section 5.0/
Table 5.0-3	

	

40,
	
ISCST Predicted Maximum Concentrations (see 56 FR 32771; 57 FR 38566; and 57 FR 44999)	
85,94,111,114	
Appendix IX/Section 5.0/
Table 5.0-4	

	

40, 41	
ISCST Predicted Maximum Concentrations (see 56 FR 32772-32773; 57 FR 38566; and 57 FR 44999)	
85,94,111,114	
Appendix IX/Section 5.0/
Table 5.0-5	

	

40	
Simplified Land Use Classification Procedure for Compliance with Tier I and Tier II Limits (see 56 FR 32782-32783 or the July 1, 1991 CFR; and 57 FR 38566)	
85,94,111	
Appendix IX/Section 6.0	

	

40,
	
Statistical Methodology for Bevill Residue Determinations (see 56 FR 42516 & 42517)	
85,94,96	
Appendix IX/Section 7.0	

	

40	
Special procedures for chlorine, HCl and CL2 (see 56 FR 32786-32787 and 56 FR 42512, Corrections 6 and 7 under Part 270; note these corrections should have been placed under Part 266)	
85,94,96	
Appendix IX/Section 9.2	

	

	
Statistics (see 56 FR 32796 or the July 1, 1992 CFR)	
85,94	
Appendix A to Appendix IX	

	

	
APPENDIX X TO PART 266--(REMOVED)	

GUIDELINE ON AIR QUALITY MODELS (REVISED)	

removed	
85,94,125	
Appendix X	

	

	
APPENDIX XI TO PART 266	

LEAD-BEARING MATERIALS THAT MAY BE PROCESSED IN EXEMPT LEAD SMELTERS	

add new appendix addressing lead-bearing materials that may be processed in exempt lead smelters (see 56 FR 42517)	
96	
Appendix XI	

	

	
APPENDIX XII TO PART 266	

NICKEL- OR CHROMIUM-BEARING MATERIALS THAT MAY BE PROCESSED IN EXEMPT NICKEL-CHROMIUM RECOVERY FURNACES	

add new appendix addressing nickel or chromium-bearing materials that may be processed in exempt nickel-chromium recovery furnaces (see 56 FR 42517)	
96	
Appendix XII	

	

	
APPENDIX XIII TO PART 266	

MERCURY BEARING WASTES THAT MAY BE PROCESSED IN EXEMPT MERCURY RECOVERY UNITS	

add new appendix addressing certain mercury-bearing wastes	
137	
Appendix XIII	

	

	
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM	

SUBPART B - PERMIT APPLICATION	

SPECIFIC PART B INFORMATION REQUIREMENTS FOR BOILERS AND INDUSTRIAL FURNACES BURNING HAZARDOUS WASTE	

H, 10	
when cement or lightweight aggregate kiln complies with air emission standards & limitations in part 63, subpart EEE, 270.22 requirements do not apply; except provisions determined necessary to ensure compliance with 266.102(e)(1) and 266.102(e)(2)(iii) if you elect to comply with 270.235(a)(1)(i) to minimize emissions from startup, shutdown, and malfunction; Director may apply 270.22 on case-by-case basis for information collection	
182, 197, 202	
270.22 intro	

	

	
owners and operators subject to 266.104-266.107 must conduct a trial burn and must submit a trial burn plan or results in accordance with 270.66	
85	
270.22(a)(1) intro	

	

	
waiver of trial burn to demonstrate conformance with a particular emission standard under 266.104-266.107 and 270.22(a)(2)-(a)(5)	
85	
270.22(a)(1)(i)	

	

	
data in lieu of a trial burn as 270.22(a)(6) specifies	
85	
270.22(a)(1)(ii)	

	

	
boiler owners and operators seeking to be permitted under 266.104(a)(4) and 266.110, must submit documentation showing boiler compliance with special operating requirements at 266.110; trial burn waived	
85	
270.22(a)(2)(i)	

	

	
information that must be submitted for boilers and industrial furnaces seeking to be permitted under the low risk waste provisions of 266.104(a)(5) and 266.109(a) without a trial burn	
85	
270.22(a)(2)(ii) intro	

	

			
270.22(a)(2)(ii)(A)	

	

		
85,94	
270.22(a)(2)(ii)(B)	

	

			
270.22(a)(2)(ii)(C)	

	

		
85	
270.22(a)(2)(ii)(D)	

	

			
270.22(a)(2)(ii)(E)	

	

	
information that must be submitted when seeking to be permitted under Tier I metals feed rate screening limits at 266.106(b)&(e) without a trial burn	
85	
270.22(a)(3) intro	

	

			
270.22(a)(3)(i)	

	

			
270.22(a)(3)(ii)	

	

			
270.22(a)(3)(iii)	

	

			
270.22(a)(3)(iv)	

	

			
270.22(a)(3)(v)	

	

			
270.22(a)(3)(vi)	

	

			
270.22(a)(3)(vii)	

	

	
when seeking to be permitted under the low risk waste provisions of 266.109(b) which waives the particulate standard, submit documentation supporting 270.22(a)(2)(ii) and (a)(3) conformance	
85	
270.22(a)(4)	

	

	
information to be submitted when seeking to be permitted under Tier I feed rate screening limits for total chloride and chlorine under 266.107(b)(1) and (e) provisions without a trial burn	
85	
270.22(a)(5) intro	

	

			
270.22(a)(5)(i)	

	

			
270.22(a)(5)(ii)	

	

			
270.22(a)(5)(iii)	

	

			
270.22(a)(5)(iv)	

	

			
270.22(a)(5)(v)	

	

			
270.22(a)(5)(vi)	

	

		
85,94	
270.22(a)(5)(vii)	

	

	
owner or operator may seek exemption from trial burn requirements demonstrating 266.104-266.107 conformance, by providing information from previous compliance testing of the device or compliance testing or trial burns of similar boilers or industrial furnaces; burning similar wastes under similar conditions 270.66 design and operation information required; conditions under which Director shall approve a permit application in lieu of a trial burn; additional information to be submitted	
85,94	
270.22(a)(6) intro	

	

	
for a waiver from any trial burn:	
85	
270.22(a)(6)(i) intro	

	

			
270.22(a)(6)(i)(A)	

	

			
270.22(a)(6)(i)(B)	

	

			
270.22(a)(6)(i)(C)	

	

	
for a waiver of DRE trial burn, basis for selection of the POHCs used in other burns which demonstrate 266.104(a) compliance; analysis should specify 261, Appendix VIII constituents in hazardous waste for which a permit is sought and any differences from POHCs for which data are provided	
85	
270.22(a)(6)(ii)	

	

	
minimum information to be submitted for industrial furnaces with organic matter in raw materials requesting an alternative HC limit under 266.104(f)	
85	
270.22(b) intro	

	

		
85,94	
270.22(b)(1)	

	

		
85	
270.22(b)(2)	

	

			
270.22(b)(3)	

	

			
270.22(b)(4) intro	

	

			
270.22(b)(4)(i)	

	

			
270.22(b)(4)(ii)	

	

			
270.22(b)(5)	

	

			
270.22(b)(6)	

	

	
when seeking to be permitted under 266.106(f) alternative metals implementation approach, submit documentation that ensures 266.106(c) or (d) compliance and how approach can be implemented and monitored; provide other information as Director finds necessary	
85	
270.22(c)	

	

	
describe automatic waste feed cutoff system, including any pre-alarm systems	
85	
270.22(d)	

	

	
use of direct transfer operations requires submittal of information supporting 266.111 conformance	
85	
270.22(e)	

	

	
demonstration of 266.112 conformance if claim is made that residues are excluded from regulation	
85	
270.22(f)	

	

	
SUBPART D - CHANGES TO PERMITS	

PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE	

replace "270.21" with "270.22" and "and 270.63" with "270.63 and 270.66"	
94	
270.42(c)(1)(iv)	

	

	
paragraph heading is changed to "Newly regulated wastes and units"	
85	
270.42(g) intro	

	

	
add wording at end of paragraph regarding the continued management of hazardous waste in units newly regulated as hazardous waste management units; change "wates" to "wastes"	
85,94	
270.42(g)(1) intro	

	

	
insert "The unit" before "was in existence"; add "or newly regulated waste management unit" after "characterized waste"; add "or regulating the unit" at end of paragraph; change "effetive" to "effective"	
85,94	
270.42(g)(1)(i)	

	

	
insert "The permittee" before "submits"; insert "or unit" after "waste"	
85	
270.42(g)(1)(ii)	

	

	
insert "The permittee" before "is"; insert "applicable" before "standards"; change "Part 265" to "Parts 265 and 266 of this chapter"	
85	
270.42(g)(1)(iii)	

	

	
delete "In the case of Classes 2 and 3 modifications,"; insert "The permittee" before "also"; replace "permit modification" with "Class 2 or 3 modification"; change "180 days after" to "180 days of"; add "or subjecting the unit to RCRA Subtitle C management standards" to end of paragraph	
85,94	
270.42(g)(1)(iv)	

	

	
insert "the permittee" before "certifies"; insert "each" before "such unit"; change "Part 265" to "requirements of Part 265 of this chapter for"; add ", or regulating the unit as a hazardous waste management unit" after "hazardous"; change "clarify" to "certify"; insert "all" before "these requirements"; change "shall lose" to "will lose"	
85	
270.42(g)(1)(v)	

	

	
change heading of "L." to "Incinerators, Boilers, and Industrial Furnaces"; in "L.1." & "L.2." replace "a waste feed rate limit, or an organic feed rate limit" with "a feed-stream feed rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or an ash feed rate limit"; in "L.3." replace "HCl" with "HCl/Cl2 metals,"; in "L.3." & "L.4." insert ", boiler, or industrial furnace" after "incinerator"; in "L.5." replace "." after "requirements" with ":"; in "L.5.a." insert "or maximum" before "combustion gas temperature" & add "flue gas carbon monoxide and hydro-carbon concentration, maximum temperature at the inlet to the particulate matter emission control system, or operating parameters for the air pollution control system" after "chamber"; change "L.6." heading to "Burning different wastes:"; in "L.6.a." change "incineration" to "burning"; in "L.6.a. & b." change all "to incinerate" to "to burn"; in "7.b." change "waste incineration" to "waste burning"; in "L.8." insert "non-hazardous waste"  before "fuel"; revise AL.9.@ and add new AA.8.@ as shown in 64 FR 53077	
85,94,H182	
270.42/Appendix I	

	

	
SUBPART F - SPECIAL FORMS OF PERMITS	

PERMITS FOR BOILERS AND INDUSTRIAL FURNACES BURNING HAZARDOUS WASTE	

H,10	
when cement or lightweight aggregate kiln complies with air emission standards & limitations in part 63, subpart EEE, 270.66 requirements do not apply; except provisions determined necessary to ensure compliance with 266.102(e)(1) and 266.102(e)(2)(iii) if you elect to comply with 270.235(a)(1)(i) to minimize emissions from startup, shutdown, and malfunction; Director may apply 270.66 on case-by-case basis for information collection	
182, 197, 202	
270.66 intro	

	

	
new boilers and industrial furnaces subject to 270.66(b)-(f); those under interim status standards of 266.103 subject to 270.66(g)	
85	
270.66(a)	

	

	
permit for new boiler or industrial furnace shall specify appropriate conditions for the following operating periods:	
85	
270.66(b) intro	

	

	
pretrial burn period described; Director must establish in Pretrial Burn Period of permit conditions, allowable hazardous waste feed rates and operating conditions; extension of period for up to 720 additional hours; permit may be modified to reflect extension as per 270.42	
85	
270.66(b)(1) intro	

	

	
submittal of statement with Part B that suggests operating conditions for 266.104-266.107 compliance during period, including restrictions on 266.102(e) operating requirements	
85	
270.66(b)(1)(i)	

	

	
review of Part B materials and specification by Director of requirements sufficient to meet 266.104-266.107 performance standards based on engineering judgment	
85
111,114	
270.66(b)(1)(ii)	

	

	
for duration of trial burn, Director establishes conditions in permit to determine feasibility of compliance with 266.104-266.107 standards and to determine adequate 266.102(e) operating conditions; applicants must propose a trial burn plan as per 270.66(c) and submit with Part B 	
85	
270.66(b)(2)	

	

	
for defined minimum period immediately following trial burn, during which submission and review of trial burn results and modification of permit by Director occurs, Director establishes operating requirements most likely to ensure compliance with 266.104-266.107 standards	
85	
270.66(b)(3)(i)	

	

	
submittal of statement with Part B that identifies operating conditions for 266.104-266.107 compliance during period, including restrictions on 266.102(e) operating requirements	
85	
270.66(b)(3)(ii)	

	

	
review and specification by Director of requirements sufficient to meet 266.104-266.107 performance standards based on engineering judgment	
85	
270.66(b)(3)(iii)	

	

	
for final period of operation, Director develops operating requirements in conformance with 266.102(e) and 266.104-266.107 standards; Director shall make necessary modifications to permit as per 270.42 based on trial burn results to ensure compliance	
85,94	
270.66(b)(4)	

	

	
information the trial burn plan must include; Director may require supplemental information	
85	
270.66(c) intro	

	

	
analysis of each feedstream, as fired	
85	
270.66(c)(1) intro	

	

			
270.66(c)(1)(i)	

	

			
270.66(c)(1)(ii)	

	

	
analysis of each hazardous waste, as fired	
85	
270.66(c)(2) intro	

	

		
85,94	
270.66(c)(2)(i)	

	

			
270.66(c)(2)(ii)	

	

		
85	
270.66(c)(2)(iii)	

	

	
detailed engineering description of boiler or industrial furnace	
85	
270.66(c)(3) intro	

	

			
270.66(c)(3)(i)	

	

			
270.66(c)(3)(ii)	

	

			
270.66(c)(3)(iii)	

	

			
270.66(c)(3)(iv)	

	

			
270.66(c)(3)(v)	

	

		
85,94	
270.66(c)(3)(vi)	

	

			
270.66(c)(3)(vii)	

	

		
85	
270.66(c)(3)(viii)	

	

	
detailed description
of sampling and monitoring procedures	
85	
270.66(c)(4)	

	

	
detailed test schedule for each hazardous waste for which the trial burn is planned	
85	
270.66(c)(5)	

	

	
detailed test protocol	
85	
270.66(c)(6)	

	

	
description of, and planned operating conditions for, any emission control equipment to be used	
85	
270.66(c)(7)	

	

	
procedures for rapid stopping of hazardous waste feed and emissions control if an equipment malfunction	
85	
270.66(c)(8)	

	

	
other information Director finds necessary	
85	
270.66(c)(9)	

	

	
trial burn conducted to demonstrate conformance with 266.104-266.107 standards under an approved trial burn plan	
85	
270.66(d)(1)	

	

	
findings under which the Director shall approve a trial burn plan	
85	
270.66(d)(2) intro	

	

			
270.66(d)(2)(i)	

	

			
270.66(d)(2)(ii)	

	

			
270.66(d)(2)(iii)	

	

			
270.66(d)(2)(iv)	

	

	
submit to Director within 90 days of trial burn completion a certification that trial burn was carried out in accordance with approved plan and results of all 270.66(c) required determinations	
85	
270.66(d)(3)	

	

	
submit all data collected during any trial burn	
85	
270.66(d)(4)	

	

	
270.66(d) submissions must be certified by signature of person authorized to sign permit application or 270.11 report	
85	
270.66(d)(5)	

	

	
for DRE trial burn under 266.104(a), Director will specify trial POHCs; basis for specification	
85	
270.66(e)	

	

	
determinations to be made based on each trial burn:	
85	
270.66(f)	

	

	
quantitative analysis of specified materials in the feedstreams	
85	
270.66(f)(1)	

	

	
determinations needed when a DRE trial burn is required under 266.104(a)	
85	
270.66(f)(2) intro	

	

			
270.66(f)(2)(i)	

	

			
270.66(f)(2)(ii)	

	

			
270.66(f)(2)(iii)	

	

	
quantitative analysis of stack gas and a computation showing conformance with the emission standard when a trial burn is required for chlorinated dioxins and furans under 266.104(e)	
85,94	
270.66(f)(3)	

	

	
quantitative analysis of stack gas and computations showing conformance with applicable emission standards when a trial burn is required for particulate matter, metals, or HCl/Cl2 under 266.105, 266.106(c) or (d), or 266.107(b)(2) or (c)	
85	
270.66(f)(4)	

	

	
quantitative analysis of scrubber water, ash residues, other residues and products to estimate fate of trial POHCs, metals, and chlorine/chloride when a trial burn is required for DRE, metals or HCl/Cl2 under 266.104(a), 266.106(c) or (d), or 266.107(b)(2) or (c)	
85	
270.66(f)(5)	

	

	
identification of sources of fugitive emissions and their means of control	
85	
270.66(f)(6)	

	

	
continuous measurement of CO, oxygen, and HC in stack gas	
85	
270.66(f)(7)	

	

	
such other information as Director specifies	
85,94	
270.66(f)(8)	

	

	
to determine feasibility of compliance with 266.104-266.107 performance standards and adequate operating conditions under 266.103, applicants of existing devices operated under interim status must either prepare and submit a trial burn plan and perform a trial burn or submit 270.22(a)(6) information; submit trial burn results with Part B application if plan approved before Part B submission; date for submission; requirements if submitting trial burn plan with Part B application	
85	
270.66(g)	

	

	
SUBPART G - INTERIM STATUS	

CHANGES DURING INTERIM STATUS	

add new paragraph regarding the addition of newly regulated units if a revised Part A permit application is submitted on or before the date the unit becomes subject to the new requirements	
85	
270.72(a)(6)	

	

	
add new paragraph regarding the addition of newly regulated units under 270.72(a)(6)	
85	
270.72(b)(7)	

	

	
TERMINATION OF INTERIM STATUS	

insert "which has achieved interim status prior to November 8, 1984, interim status terminates" before "on November 8, 1989"	
85,94	
270.73(f)	

	

	
insert "which has achieved interim status prior to November 8, 1984, interim status terminates" before "on November 8, 1992"	
85,94	
270.73(g)	

	

H		Optional
HH	Conditionally Optional