40 CFR Part 264 -- STANDARDS FOR
OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
§264.315 Special requirements for containers.
Unless they are very small, such as an ampule, containers must be either:
(a) At least 90 percent full when placed in the landfill; or
(b) Crushed, shredded, or similarly reduced in volume to the maximum practical extent
before burial in the landfill.
§264.316 Disposal of small containers of hazardous waste in overpacked drums (lab packs).
Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a
landfill if the following requirements are met:
(a) Hazardous waste must be packaged in non-leaking inside containers. The inside
containers must be of a design and constructed of a material that will not react
dangerously with, be decomposed by, or be ignited by the contained waste. Inside
containers must be tightly and securely sealed. The inside containers must be of the size
and type specified in the Department of Transportation (DOT) hazardous materials
regulations (49 CFR Parts 173, 178, and 179), if those regulations specify a particular
inside container for the waste.
(b) The inside containers must be overpacked in an open head DOT-specification metal
shipping container (49 CFR Parts 178 and 179) of no more than 416-liter (110 gallon)
capacity and surrounded by, at a minimum, a sufficient quantity of absorbent material to
completely absorb all of the liquid contents of the inside containers. The metal outer
container must be full after packing with inside containers and absorbent material.
(c) The absorbent material used must not be capable of reacting dangerously with, being
decomposed by, or being ignited by the contents of the inside containers in accordance
with §264.17(b).
(d) Incompatible wastes, as defined in §260.10 of this chapter, must not be placed in the
same outside container.
(e) Reactive wastes, other than cyanide- or sulfide-bearing waste as defined in
§261.23(a)(5) of this chapter, must be treated or rendered non-reactive prior to
packaging in accordance with paragraphs (a) through (d) of this section. Cyanide- and
sulfide-bearing reactive waste may be packed in accordance with paragraphs (a) through (d)
of this section without first being treated or rendered non-reactive.
(f) Such disposal is in compliance with the requirements of Part 268. Persons who
incinerate lab packs according to the requirements in 40 CFR §268.42(c)(1) may use fiber
drums in place of metal outer containers. Such fiber drums must meet the DOT
specifications in 49 CFR §173.12 and be overpacked according to the requirements in
paragraph (b) of this section.
(47 FR 32365, July 26, 1982, as amended at 55 FR 22685, June 1, 1990)
§264.317 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and
FO27.
(a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26, and FO27 must not be placed in a
landfills unless the owner or operator operates the landfill in accord with a management
plan for these wastes that is approved by the Regional Administrator pursuant to the
standards set out in this paragraph, and in accord with all other applicable requirements
of this part. The factors to be considered are:
(1) The volume, physical, and chemical characteristics of the wastes, including their
potential to migrate through the soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring requirements.
(b) The Regional Administrator may determine that additional design, operating, and
monitoring requirements are necessary for landfills managing hazardous wastes FO20, FO21,
FO22, FO23, FO26, and FO27 in order to reduce the possibility of migration of these wastes
to ground water, surface water, or air so as to protect human health and the environment.
(50 FR 2004, Jan. 14, 1985)
Subpart O -- Incinerators
§264.340 Applicability.
(a) The regulations of this subpart apply to owners and operators of hazardous waste
incinerators (as defined in 260.10 of this chapter), except as §264.1 provides otherwise.
(b) After consideration of the waste analysis included with Part B of the permit
application, the Regional Administrator, in establishing the permit conditions, must
exempt the applicant from all requirements of this subpart except §264.341 (Waste
analysis) and §264.351 (Closure),
(1) If the Regional Administrator finds that the waste to be burned is:
(i) Listed as a hazardous waste in Part 261, subpart D, of this chapter solely because it
is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; or
(ii) Listed as a hazardous waste in Part 261, subpart D, of this chapter solely because it
is reactive (Hazard Code R) for characteristics other than those listed in §261.23(a) (4)
and (5), and will not be burned when other hazardous wastes are present in the combustion
zone; or
(iii) A hazardous waste solely because it possesses the characteristic of ignitability,
corrosivity, or both, as determined by the test for characteristics of hazardous wastes
under Part 261, subpart C, of this chapter; or
(iv) A hazardous waste solely because it possesses any of the reactivity characteristics
described by §261.23(a) (1), (2), (3), (6), (7), and (8) of this chapter, and will not be
burned when other hazardous wastes are present in the combustion zone; and
(2) If the waste analysis shows that the waste contains none of the hazardous constituents
listed in Part 261, appendix VIII, of this chapter, which would reasonably be expected to
be in the waste.
(c) If the waste to be burned is one which is described by paragraphs (b)(1)(i), (ii),
(iii), or (iv) of this section and contains insignificant concentrations of the hazardous
constituents listed in Part 261, appendix VIII, of this chapter, then the Regional
Administrator may, in establishing permit conditions, exempt the applicant from all
requirements of this subpart, except §264.341 (Waste analysis) and §264.351 (Closure),
after consideration of the waste analysis included with Part B of the permit application,
unless the Regional Administrator finds that the waste will pose a threat to human health
and the environment when burned in an incinerator.
(d) The owner or operator of an incinerator may conduct trial burns subject only to the
requirements of §270.62 of this chapter (Short term and incinerator permits).
(46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 FR 14295, Apr. 1,
1983; 50 FR 665, Jan. 4, 1985; 50 FR 49203, Nov. 29, 1985; 56 FR 7207, Feb. 21, 1991)
§264.341 Waste analysis.
(a) As a portion of the trial burn plan required by §270.62 of this chapter, or with Part
B of the permit application, the owner or operator must have included an analysis of the
waste feed sufficient to provide all information required by §270.62(b) or 270.19 of this
chapter. Owners or operators of new hazardous waste incinerators must provide the
information required by §270.62(c) or v270.19 of this chapter to the greatest extent
possible.
(b) Throughout normal operation the owner or operator must conduct sufficient waste
analysis to verify that waste feed to the incinerator is within the physical and chemical
composition limits specified in his permit (under §264.345(b)).
(Approved by the Office of Management and Budget under control number 2050-0002)
(46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 FR 14295, Apr. 1,
1983; 48 FR 30115, June 30, 1983; 50 FR 4514, Jan. 31, 1985)
§264.342 Principal organic hazardous constituents (POHCs).
(a) Principal Organic Hazardous Constituents (POHCs) in the waste feed must be treated to
the extent required by the performance standard of §264.343.
(b)(1) One or more POHCs will be specified in the facility's permit, from among those
constituents listed in Part 261, appendix VIII of this chapter, for each waste feed to be
burned. This specification will be based on the degree of difficulty of incineration of
the organic constituents in the waste and on their concentration or mass in the waste
feed, considering the results of waste analyses and trial burns or alternative data
submitted with Part B of the facility's permit application. Organic constituents which
represent the greatest degree of difficulty of incineration will be those most likely to
be designated as POHCs. Constituents are more likely to be designated as POHCs if they are
present in large quantities or concentrations in the waste.
(2) Trial POHCs will be designated for performance of trial burns in accordance with the
procedure specified in §270.62 of this chapter for obtaining trial burn permits.
(46 FR 7678, Jan. 23, 1981, as amended at 48 FR 14295, Apr. 1, 1983)
§264.343 Performance standards.
An incinerator burning hazardous waste must be designed, constructed, and maintained so
that, when operated in accordance with operating requirements specified under §264.345,
it will meet the following performance standards:
(a)(1) Except as provided in paragraph (a)(2) of this section, an incinerator burning
hazardous waste must achieve a destruction and removal efficiency (DRE) of 99.99% for each
principal organic hazardous constituent (POHC) designated (under §264.342) in its permit
for each waste feed. DRE is determined for each POHC from the following equation:
TABLE/GRAPH OMITTED
where:
Win=mass feed rate of one principal organic hazardous constituent (POHC) in the waste
stream feeding the incinerator
and
Wout=mass emission rate of the same POHC present in exhaust emissions prior to release to
the atmosphere.
(2) An incinerator burning hazardous wastes FO20, FO21, FO22, FO23, FO26, or FO27 must
achieve a destruction and removal efficiency (DRE) of 99.9999% for each principal organic
hazardous constituent (POHC) designated (under §264.342) in its permit. This performance
must be demonstrated on POHCs that are more difficult to incinerate than tetra-, penta-,
and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each POHC from
the equation in §264.343(a)(1). In addition, the owner or operator of the incinerator
must notify the Regional Administrator of his intent to incinerate hazardous wastes FO20,
FO21, FO22, FO23, FO26, or FO27.
(b) An incinerator burning hazardous waste and producing stack emissions of more than 1.8
kilograms per hour (4 pounds per hour) of hydrogen chloride (HCl) must control HCl
emissions such that the rate of emission is no greater than the larger of either 1.8
kilograms per hour or 1% of the HCl in the stack gas prior to entering any pollution
control equipment.
(c) An incinerator burning hazardous waste must not emit particulate matter in excess of
180 milligrams per dry standard cubic meter (0.08 grains per dry standard cubic foot) when
corrected for the amount of oxygen in the stack gas according to the formula:
TABLE/GRAPH OMITTED
Where Pc is the corrected concentration of particulate matter, Pm is the measured
concentration of particulate matter, and Y is the measured concentration of oxygen in the
stack gas, using the Orsat method for oxygen analysis of dry flue gas, presented in Part
60, appendix A (Method 3), of this chapter. This correction procedure is to be used by all
hazardous waste incinerators except those operating under conditions of oxygen enrichment.
For these facilities, the Regional Administrator will select an appropriate correction
procedure, to be specified in the facility permit.
(d) For purposes of permit enforcement, compliance with the operating requirements
specified in the permit (under §264.345) will be regarded as compliance with this
section. However, evidence that compliance with those permit conditions is insufficient to
ensure compliance with the performance requirements of this section may be
"information'' justifying modification, revocation, or reissuance of a permit under
§270.41 of this chapter.
(46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 FR 14295, Apr. 1,
1983; 50 FR 2005, Jan. 14, 1985)
§264.344 Hazardous waste incinerator permits.
(a) The owner or operator of a hazardous waste incinerator may burn only wastes specified
in his permit and only under operating conditions specified for those wastes under
§264.345, except:
(1) In approved trial burns under §270.62 of this chapter; or
(2) Under exemptions created by §264.340.
(b) Other hazardous wastes may be burned only after operating conditions have been
specified in a new permit or a permit modification as applicable. Operating requirements
for new wastes may be be based on either trial burn results or alternative data included
with Part B of a permit application under §270.19 of this chapter.
(c) The permit for a new hazardous waste incinerator must establish appropriate conditions
for each of the applicable requirements of this subpart, including but not limited to
allowable waste feeds and operating conditions necessary to meet the requirements of
§264.345, sufficient to comply with the following standards:
(1) For the period beginning with initial introduction of hazardous waste to the
incinerator and ending with initiation of the trial burn, and only for the minimum time
required to establish operating conditions required in paragraph (c)(2) of this section,
not to exceed a duration of 720 hours operating time for treatment of hazardous waste, the
operating requirements must be those most likely to ensure compliance with the performance
standards of §264.343, based on the Regional Administrator's engineering judgment. The
Regional Administrator may extend the duration of this period once for up to 720
additional hours when good cause for the extension is demonstrated by the applicant.
(2) For the duration of the trial burn, the operating requirements must be sufficient to
demonstrate compliance with the performance standards of §264.343 and must be in
accordance with the approved trial burn plan;
(3) For the period immediately following completion of the trial burn, and only for the
minimum period sufficient to allow sample analysis, data computation, and submission of
the trial burn results by the applicant, and review of the trial burn results and
modification of the facility permit by the Regional Administrator, the operating
requirements must be those most likely to ensure compliance with the performance standards
of §264.343, based on the Regional Administrator's engineering judgement.
(4) For the remaining duration of the permit, the operating requirements must be those
demonstrated, in a trial burn or by alternative data specified in §270.19(c) of this
chapter, as sufficient to ensure compliance with the performance standards of §264.343.
(Approved by the Office of Management and Budget under control number 2050-0002)
(46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 FR 14295, Apr. 1,
1983; 50 FR 4514, Jan. 31, 1985)
§264.345 Operating requirements.
(a) An incinerator must be operated in accordance with operating requirements specified in
the permit. These will be specified on a case-by-case basis as those demonstrated (in a
trial burn or in alternative data as specified in §264.344(b) and included with Part B of
a facility's permit application) to be sufficient to comply with the performance standards
of §264.343.
(b) Each set of operating requirements will specify the composition of the waste feed
(including acceptable variations in the physical or chemical properties of the waste feed
which will not affect compliance with the performance requirement of §264.343) to which
the operating requirements apply. For each such waste feed, the permit will specify
acceptable operating limits including the following conditions:
(1) Carbon monoxide (CO) level in the stack exhaust gas;
(2) Waste feed rate;
(3) Combustion temperature;
(4) An appropriate indicator of combustion gas velocity;
(5) Allowable variations in incinerator system design or operating procedures; and
(6) Such other operating requirements as are necessary to ensure that the performance
standards of §264.343 are met.
(c) During start-up and shut-down of an incinerator, hazardous waste (except wastes
exempted in accordance with §264.340) must not be fed into the incinerator unless the
incinerator is operating within the conditions of operation (temperature, air feed rate,
etc.) specified in the permit.
(d) Fugitive emissions from the combustion zone must be controlled by:
(1) Keeping the combustion zone totally sealed against fugitive emissions; or
(2) Maintaining a combustion zone pressure lower than atmospheric pressure; or
(3) An alternate means of control demonstrated (with Part B of the permit application) to
provide fugitive emissions control equivalent to maintenance of combustion zone pressure
lower than atmospheric pressure.
(e) An incinerator must be operated with a functioning system to automatically cut off
waste feed to the incinerator when operating conditions deviate from limits established
under paragraph (a) of this section.
(f) An incinerator must cease operation when changes in waste feed, incinerator design, or
operating conditions exceed limits designated in its permit.
(Approved by the Office of Management and Budget under control number 2050-0002)
(46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 50 FR 4514, Jan. 31,
1985)
§264.346 (Reserved)
§264.347 Monitoring and inspections.
(a) The owner or operator must conduct, as a minimum, the following monitoring while
incinerating hazardous waste:
(1) Combustion temperature, waste feed rate, and the indicator of combustion gas velocity
specified in the facility permit must be monitored on a continuous basis.
(2) CO must be monitored on a continuous basis at a point in the incinerator downstream of
the combustion zone and prior to release to the atmosphere.
(3) Upon request by the Regional Administrator, sampling and analysis of the waste and
exhaust emissions must be conducted to verify that the operating requirements established
in the permit achieve the performance standards of §264.343.
(b) The incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) must
be subjected to thorough visual inspection, at least daily, for leaks, spills, fugitive
emissions, and signs of tampering.
(c) The emergency waste feed cutoff system and associated alarms must be tested at least
weekly to verify operability, unless the applicant demonstrates to the Regional
Administrator that weekly inspections will unduly restrict or upset operations and that
less frequent inspection will be adequate. At a minimum, operational testing must be
conducted at least monthly.
(d) This monitoring and inspection data must be recorded and the records must be placed in
the operating log required by §264.73.
(Approved by the Office of Management and Budget under control number 2050-0002)
(46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27533, June 24, 1982; 50 FR 4514, Jan. 31,
1985)
§§264.348 -- 264.350 (Reserved)
§264.351 Closure.
At closure the owner or operator must remove all hazardous waste and hazardous waste
residues (including, but not limited to, ash, scrubber waters, and scrubber sludges) from
the incinerator site.
(Comment: At closure, as throughout the operating period, unless the owner or operator can
demonstrate, in accordance with §261.3(d) of this chapter, that the residue removed from
the incinerator is not a hazardous waste, the owner or operator becomes a generator of
hazardous waste and must manage it in accordance with applicable requirements of Parts 262
through 266 of this chapter.)
(46 FR 7678, Jan. 23, 1981)
Subpart W -- Drip Pads
§264.570 Applicability.
(a) The requirements of this subpart apply to owners and operators of facilities that use
new or existing drip pads to convey treated wood drippage, precipitation, and/or surface
water run-on to an associated collection system. Existing drip pads are those constructed
before December 6, 1990 and those for which the owner or operator has a design and has
entered into binding financial or other agreements for construction prior to December 6,
1990. All other drip pads are new drip pads.
(b) The owner or operator of any drip pad that is inside or under a structure that
provides protection from precipitation so that neither run-off nor run-on is generated is
not subject to regulation under §264.573(e) or §264.573(f), as appropriate.
§264.571 Assessment of existing drip pad integrity.
(a) For each existing drip pad as defined in §264.570 of this subpart, the owner or
operator must evaluate the drip pad and determine that it meets all of the requirements of
this subpart, except the requirements for liners and leak detection systems of 264.573(b).
No later than the effective date of this rule, the owner or operator must obtain and keep
on file at the facility a written assessment of the drip pad, reviewed and certified by an
independent, qualified registered professional engineer that attests to the results of the
evaluation. The assessment must be reviewed, updated and re-certified annually until all
upgrades, repairs, or modifications necessary to achieve compliance with all of the
standards of §264.573 of this subpart are complete. The evaluation must document the
extent to which the drip pad meets each of the design and operating standards of §264.573
of this subpart, except the standards for liners and leak detection systems, specified in
§264.573(b) of this subpart, and must document the age of the drip pad to the extent
possible, to document compliance with paragraph (b) of this section.
(b) The owner or operator must develop a written plan for upgrading, repairing, and
modifying the drip pad to meet the requirements of §264.573(b) of this subpart, and
submit the plan to the Regional Administrator no later than 2 years before the date that
all repairs, upgrades, and modifications will be complete. This written plan must describe
all changes to be made to the drip pad insufficient detail to document compliance with all
the requirements of §263.573 of this subpart and must document the age of the drip pad to
the extent possible. The plan must be reviewed and certified by an independent qualified
registered professional engineer. All upgrades, and modifications must be completed in
accordance with the following:
(1) For existing drip pads of known and documentable age, all upgrades, repairs, and
modifications must be completed within two years of the effective date of this rule, or
when the drip has reached 15 years of age, whichever comes later.
(2) For existing drip pads for which the age cannot be documented, 8 years of the
effective date of this rule, but if the age of the facility is greater than 7 years, all
upgrades, repairs and modifications must be completed by the time the facility reaches 15
years of age or by two years after the effective date of this rule, whichever comes later.
(3) If the owner or operator believes that the drip pad will continue to meet all of the
requirements of §264.573 of this subpart after the date upon which all upgrades, repairs
and modifications must be completed as established under paragraphs (b)(1) and (2) of this
section, the owner or operator may petition the Regional Administrator for an extension of
the deadline specified in paragraph (b)(1) or (2) of this section. The Regional
Administrator will grant the petition for extension based on a finding that the drip pad
meets all of the requirements of §264.573, except for those for liners and lead detection
systems specified in §264.573(b), and that it will continue to be protective of human
health and the environment.
(c) Upon completion of all upgrades, repairs, and modifications, the owner or operator
must submit to the Regional Administrator or State Director, the as-built drawings for the
drip pad together with a certification by an independent qualified registered professional
engineer attesting that the drip pad conforms to the drawings.
(d) If the drip pad is found to be leaking or unfit for use, the owner or operator must
comply with the provisions of §264.573 (m) of this subpart or close the drip pad in
accordance with §264.575 of this subpart.
§264.572 Design and installation of new drip pads.
Owners and operators of drip pads must ensure that the pads are designed, installed, and
operated in accordance with all of the applicable requirements of §§264.573, 264.574 and
264.575 of this subpart.