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40 CFR 270.19 - Specific part B information requirements for incinerators

CFR > Title 40 > Chapter I > Part 270 > § 270.19. Specific part B information requirements for incinerators


Current as of: July 2009

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

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

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

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

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

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

(b) Submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with Sec. 270.62; or

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

(1) An analysis of each waste or mixture of wastes to be burned including:

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

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

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

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

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

(2) A detailed engineering description of the incinerator, including:

(i) Manufacturer's name and model number of incinerator.

(ii) Type of incinerator.

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

(iv) Description of auxiliary fuel system (type/feed).

(v) Capacity of prime mover.

(vi) Description of automatic waste feed cutoff system(s).

(vii) Stack gas monitoring and pollution control monitoring system.

(viii) Nozzle and burner design.

(ix) Construction materials.

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

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

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

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

(i) Sampling and analysis techniques used to calculate performance standards in Sec. 264.343 of this chapter,

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

(6) The expected incinerator operation information to demonstrate compliance with Sec. Sec. 264.343 and 264.345 of this chapter including:

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

(ii) Waste feed rate.

(iii) Combustion zone temperature.

(iv) Indication of combustion gas velocity.

(v) Expected stack gas volume, flow rate, and temperature.

(vi) Computed residence time for waste in the combustion zone.

(vii) Expected hydrochloric acid removal efficiency.

(viii) Expected fugitive emissions and their control procedures.

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

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

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

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

(1) The wastes are sufficiently similar; and

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

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

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

ArizonaArizona Laws > Title 49 > Chapter 5 - Hazardous Waste Disposal
CaliforniaCalifornia Health and Safety Code > Division 20 > Chapter 6.5 - Hazardous Waste Control
California Health and Safety Code > Division 104 > Part 14 - Medical Waste
ConnecticutConnecticut General Statutes > Title 22a > Chapter 445 - Hazardous Waste
DelawareDelaware Code Title 7 > Chapter 63 - Hazardous Waste Management
Delaware Code Title 7 > Chapter 74A - The Jeffrey Davis Aboveground Storage Tank Act
Delaware Code Title 7 > Chapter 91 - Delaware Hazardous Substance Cleanup Act
FloridaFlorida Regulations Chapter 62-730 - Hazardous Waste
Florida Regulations Chapter 62-731 - County and Regional Hazardous Waste Management Programs
Florida Regulations Chapter 64E-16 - Biomedical Waste
HawaiiHawaii Revised Statutes Chapter 342J - Hazardous Waste
IdahoIdaho Code Title 39 > Chapter 44 - Hazardous Waste Management
Idaho Code Title 39 > Chapter 58 - Hazardous Waste Facility Siting
Idaho Code Title 39 > Chapter 65 - Waste Tire Disposal
Idaho Code Title 39 > Chapter 70 - Sale And Disposal Of Batteries
IllinoisIllinois Compiled Statutes > 415 ILCS 90 - Household Hazardous Waste Collection Program Act
IndianaIndiana Code > Title 13 > Article 22 - Hazardous Waste Management
IowaIowa Code Chapter 455F - Household hazardous waste
Iowa Code Chapter 716B - Hazardous waste offenses
LouisianaLouisiana Revised Statutes > Title 30 > Chapter 9 - Hazardous Waste Control Law
Louisiana Revised Statutes > Title 30 > Chapter 10 - Inactive And Abandoned Hazardous Waste Sites
Louisiana Revised Statutes > Title 30 > Chapter 11 - Taxation Of Disposal And Storage Of Hazardous Waste
Louisiana Revised Statutes > Title 30 > Chapter 12 - Liability For Hazardous Substance Remedial Action
MaineMaine Revised Statutes > Title 38 > Chapter 26 - Toxics Use And Hazardous Waste Reduction
Maine Revised Statutes > Title 38 > Chapter 26 - Toxics Use And Hazardous Waste Reduction
Maine Revised Statutes > Title 38 > Chapter 27 - Priority Toxic Chemical Use Reduction
MassachusettsMassachusetts General Laws > Part I > Title II > Chapter 21C - Massachusetts Hazardous Waste Management Act
Massachusetts General Laws > Part I > Title II > Chapter 21D - Massachusetts Hazardous Waste Facility Siting Act
New MexicoNew Mexico Statutes Chapter 74 > Article 4 - Hazardous Wastes
New Mexico Statutes Chapter 74 > Article 4C - Hazardous Waste Feasibility Studies
New YorkNew York Environmental Conservation Law > Article 27 > Title 9 - Industrial Hazardous Waste Management
New York Environmental Conservation Law > Article 27 > Title 11 - Industrial Siting Hazardous Waste Facilities
New York Environmental Conservation Law > Article 27 > Title 13 - Inactive Hazardous Waste Disposal Sites
New York Environmental Conservation Law > Article 27 > Title 14 - Brownfield Cleanup Program
New York Environmental Conservation Law > Article 27 > Title 15 - Storage, Treatment, Disposal and Transportation of Regulated Medical Waste
New York Environmental Conservation Law > Article 52 > Title 3 - Hazardous Waste Site Remediation Projects
New York Environmental Conservation Law > Article 72 > Title 4 - Hazardous Waste Program Fee
New York Public Health Law > Article 13 > Title 12-A - Inactive Hazardous Waste Disposal Sites
New York Public Health Law > Article 13 > Title 13 - Storage, Treatment and Disposal of Regulated Medical Waste
New YorkNew York Laws > Environmental Conservation > Article 27 > Title 9 - Industrial Hazardous Waste Management
New York Laws > Environmental Conservation > Article 27 > Title 11 - Industrial Siting Hazardous Waste Facilities
New York Laws > Environmental Conservation > Article 27 > Title 13 - Inactive Hazardous Waste Disposal Sites
New York Laws > Environmental Conservation > Article 27 > Title 14 - Brownfield Cleanup Program
New York Laws > Environmental Conservation > Article 27 > Title 15 - Storage, Treatment, Disposal And Transportation Of Regulated Medical Waste
New York Laws > Environmental Conservation > Article 52 > Title 3 - Hazardous Waste Site Remediation Projects
New York Laws > Environmental Conservation > Article 72 > Title 4 - Hazardous Waste Program Fee
New York Laws > Public Health > Article 13 > Title 12-A - Inactive Hazardous Waste Disposal Sites
New York Laws > Public Health > Article 13 > Title 13 - Storage, Treatment And Disposal Of Regulated Medical Waste
North DakotaNorth Dakota Code > Chapter 23-20.2 - Disposal of Nuclear and Other Waste Material
North Dakota Code > Chapter 23-20.3 - Hazardous Waste Management
Rhode IslandRhode Island General Laws > Chapter 23-19.1. Hazardous Waste Management
Rhode Island General Laws > Chapter 23-19.7. Hazardous Waste Management Facilities
Rhode Island General Laws > Chapter 23-19.8. Hazardous Waste Cleanup
Rhode Island General Laws > Chapter 23-19.10. Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1986
Rhode Island General Laws > Chapter 23-19.12. Generation – Transportation – Storage – Treatment – Management and Disposal of Regulated Medical Waste
South CarolinaSouth Carolina Code > Title 44 > Chapter 56 - South Carolina Hazardous Waste Management Act
South Carolina Code > Title 44 > Chapter 93 - Infectious Waste Management
South DakotaSouth Dakota Laws > Title 34A > Chapter 11 - Hazardous Waste Management
TennesseeTennessee Code Title 68 > Environmental Protecion > Chapter 212 - Hazardous Waste Management
TexasTexas Natural Resources Code > Title 11 > Chapter 211 - Hazardous Liquid Salt Dome Storage Facilities
UtahUtah Code > Title 19 > Chapter 9 - Hazardous Waste Facilities Management Act
West VirginiaWest Virginia Code > Chapter 20 > Article 5J - Medical Waste Act
West Virginia Code > Chapter 20 > Article 5K - Commercial Infectious Medical Waste Facility Siting Approval
West Virginia Code > Chapter 22C > Article 5 - Commercial Hazardous Waste Management Facility Siting Board
West Virginia Code > Chapter 22C > Article 6 - Hazardous Waste Facility Siting Approval
WisconsinWisconsin Statutes Chapter 291 - Hazardous waste management

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