RCRA REVISION CHECKLIST 94

Burning of Hazardous Waste in Boilers and Industrial Furnaces;
Corrections and Technical Amendments I
56 FR 32688-32852
July 17, 1991
(RCRA Cluster II, HSWA and non-HSWA provisions)

Note:  1)  This checklist makes extensive technical corrections and provides technical amendments to the February 21, 1991 (56 FR 7134; Revision Checklist 85) final rule.  It also adds two new appendices, Appendix IX and Appendix X, to the code.  Technical corrections to several sections (i.e., 266.104(a)(2), 266.107(d)(1)&(2) and 270.73(f)&(g)) of code were already addressed in Revision Checklist 85.  However, for completeness, these corrections are repeated in this checklist and identified in the endnotes.  On August 27, 1991 (56 FR 42504) the Agency published a second technical amendment, which is addressed by Revision Checklist 96.

2)  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 without base authorization.  In States with base authorization, the non-HSWA requirements will not be applicable until the States revise their programs to adopt equivalent requirements under State law.

3)  EPA has adopted a format in the Federal Register where the designation of a citation beyond a certain subparagraph is italicized.  This format was not consistently used in the February 21, 1991 Federal Register (Revision Checklist 85).  Subsequently, the July 17, 1991 Federal Register (Revision Checklist 94) corrected several of the formatting errors found in the February 21, 1991 Federal Register.  The EPA format is consistently used in both Revision Checklists 85 and 94.  Technical corrections which only address the italicizing format of a citation are not included in this checklist.  Such citations include 266.102(e)(6)(i)(B)(2), 266.102(e)(6)(ii)(B)(2), 266.103(b)(5)(i)(B)(1), 266.103(b)(5)(i)(B)(2), 266.103(b)(5)(ii)(B)(1), and 266.103(c)(7)(ii)(B)(2).

4)  Because this checklist corrects numerous errors, States that are not authorized for Revision Checklist 85 are strongly encouraged to adopt these present technical corrections/amendments and the ones addressed by Revision Checklists 96, 111 and 114, as appropriate for the State's schedule, at the same time the requirements addressed by Revision Checklist 85 are adopted.  States already authorized for the provisions addressed by Revision Checklist 85 should adopt the Revision Checklist 94, 96, 111 and 114 technical corrections/amendments as soon as possible.

5)  Note that on September 5, 1991 (56 FR 43874), an administrative stay was published affecting the February 21, 1991 (56 FR 7134; Revision Checklist 85) final rule.  Revision Checklist 98 addresses changes to the Federal code made by the September 5, 1991 final rule.  The changes addressed by that checklist are optional.  However, the final rule addressed by Revision Checklist 105 (June 22, 1992; 57 FR 27880) removed the September 5, 1991 administrative stay.  Thus States should not adopt the administrative stay.  States that have adopted the Coke Oven Administrative Stay introduced by Revision Checklist 98 should either remove their analog to the note that follows 266.100(a) or state in their regulations that this stay ends on June 22, 1992.

				STATE ANALOG IS:	
		     ANALOGOUS	  EQUIV-	   MORE	BROADER
   FEDERAL REQUIREMENT     | 	FEDERAL RCRA CITATION    |	   STATE CITATION	| ALENT  |	STRINGENT |	IN SCOPE	

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

		SUBPART A - GENERAL

DEFINITION OF HAZARDOUS WASTE	 
		replace 
"261.6(a)(3)(v)
through (ix)" with
"261.6(a)(3)(v)
through (viii)"	261.3(c)(2)(ii)(B)	

REQUIREMENTS FOR RECYCLABLE MATERIALS	 
replace the letter
"G" with "H"	261.6(a)(2)	
replace "Subpart D"
with "Subpart H"	261.6(a)(2)(ii)	

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

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."	265.370	

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

SUBPART E - USED OIL BURNED FOR ENERGY RECOVERY

APPLICABILITY	 
		replace "Subpart D
of Part 266" with 
"Subpart H of 
Part 266"	266.40(c)	
		replace "Subpart D"
with "Subpart H"	266.40(d)	

SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES

APPLICABILITY	 
replace the "." after
"recovery" with a ";"	266.100(b)(2)	
replace "chapter."
with "chapter; and" 	266.100(b)(3)	

PERMIT STANDARDS FOR BURNERS	 
change "the 
Evaluation of Solid
Waste" to "Evaluating
Solid Waste"	266.102(b)(1)	
		redesignate old
"(d)(4)(iii)(D)"
as "(d)(4)(iv)"	266.102(d)(4)(iv)	
insert "A" before
"sampling"	266.102(e)(4)(i)(C)	
in heading, change
"paramenters"
to "parameters"	266.102(e)(6)	
change "means" 	266.102(e)(6)(i)(B)
to "mean"	(1)(ii)	
change "opeator"
to "operator"	266.102(e)(6)(ii)	
		remove "the most 
recent" before "one
hour"; change 
"averages" to 
"average"; change 
"average period" to	266.102(e)(6)(ii)(B)
"averaging period"	(2)	
delete the comma 
after "266.106(f)"	266.102(e)(6)(iv)(B)	

INTERIM STATUS STANDARDS FOR BURNERS	 
insert "or" after
"facilities to burn" 	266.103(a)(1)(ii)	
insert "and"
before "thallium"	266.103(b)(2)(ii)(A)	
		replace "(b)(ii)(A)"
with "(b)(2)(ii)(A)"	266.103(b)(2)(ii)(B)	
replace "(b)(ii)(B) or
(b)(ii)(C)" with
"(b)(2)(ii)(B) or
(b)(2)(ii)(C)"	266.103(b)(2)(ii)(D)	
change "paticulate"
to "particulate"	266.103(b)(2)(iv)	
change "eqivalent" to
"equivalent"; replace 
"." after "facility"	266.103(b)(2)(v)(A)
with ";"	(5)	
change "HC1" 
(number"1") to
"HCl" (letter "l")	266.103(b)(2)(vi)	
replace ";" after
"streams" with ":"	266.103(b)(3)(ii)	
change "meat"
to "meet"	266.103(b)(5)(ii)(B)	
		remove "the most
recent" before 	266.103(b)(5)(ii)(B)
"one hour"	(2)	
change "[the 
effective date
of this rule]" to
"August 21, 1991"	266.103(b)(6)	
delete "On or before
August 21, 1992" and
capitalize the "t" in
"the"; insert "on or 
before August 21, 
1992" after "Director"	266.103(c)	
add "and all 
applicable emissions
standards" 
after "limits"	266.103(c)(1)	
change 
"light-weighted" 
to "light-weight"	266.103(c)(1)(iv)	
replace ";" after "(e))"
with ":"	266.103(c)(1)(ix)	
change "system" to
"systems"; replace  
";" after "(e))" 
with ":"	266.103(c)(1)(xi)	
replace ";" after 
"(e))" with ":"	266.103(c)(1)(xii)	
change "test"
to "testing"	266.103(c)(4)(i)(C)	
change "averge"	266.103(c)(4)(ii)(B)
to "average"	(5)	
remove "the most
recent" before 	266.103(c)(4)(iv)(C)
"one hour"	(2)(ii)	
		change the number
"(1)" after 
"paragraph" to
the letter "(l)"	266.103(c)(7)(i)(A)	
replace "to" after
"waste burning" with
"only for purposes of
compliance testing 
(and pretesting to
prepare for com-
pliance testing)"	266.103(c)(7)(i)(B)	
insert "." after	266.103(c)(7)(ii)(B)
"HCl/Cl2"	(1)(ii)	
change "or" after
"emissions" to "of"	266.103(g)(1)	
STANDARDS TO CONTROL ORGANIC EMISSIONS	 
in equation, change 
"(1-Wout)/Win"
to "1 - (Wout/Win)"	266.104(a)(1)	
		change the "tetrra-,"
after "to burn than" to
"tetra-,"; change 
"paragraph (a)"
to "paragraph (a)(1)"	266.104(a)(3)	
change "in Hazardous
Waste Incinerators,
Boilers, and Industrial
Furnaces" to "for 
Incinerators, Boilers,
and Industrial 
Furnaces Burning
Hazardous Waste"	266.104(b)(2)	
add "Burning
Hazardous Waste"
after "Industrial
Furnaces"; 
insert "and" between 
"CO" and "oxygen"	266.104(c)(3)	
insert "(PCDDs)" after
"Dibenzo-p-Dioxins";
replace "." at the end
of the sentence 
with ";"	266.104(e)(1)	
replace "." at the end
of the sentence after
"TCDD" with ";"	266.104(e)(2)	
		insert "("
before "2.2"	266.104(e)(4)	
change "conducts"
to "conduct"	266.104(f)(3)(iii)	
		designate paragraph
"(g)2." as "(g)(2)"	266.104(g)(2)	

STANDARDS TO CONTROL METALS EMISSIONS	 
change "Evaluation
Solid Waste" to
"Evaluating Solid
Waste"	266.106(a)	
in the equation, 
change "<1.0" to
"<1.0" and change
"numer" to "number"	266.106(b)(2)(i)	
insert "as defined
in §266.102(e)(6)(ii)"
between "hours" and
"with" 	266.106(b)(2)(ii)(B)	
insert "shall be used"
at the end of the
sentence before the
period	266.106(b)(5)	
in the equation, 
change "K=physical 
stack height (meters)"
to "H=physical stack 
height (meters)";
change "K=stack gas
flow rate (m3/second)"
to "V=stack gas flow
rate (m3/second)"	266.106(b)(6)	
delete minus sign
"-" after "AER(i)"
in equation	266.106(c)(2)	
revise equation as
indicated at 
56 FR 32690,
correction 57	266.106(d)(3)	
after "screening limit
for" change "each" to
"a" and "levels" to 
"level"	266.106(e)	
delete ";" after "metal"
in the introductory text	266.106(f)(2)(ii)	
change "ratio"
to "ratios"	266.106(f)(2)(ii)(B)	

STANDARDS TO CONTROL HYDROGEN CHLORIDE (HCl) AND CHLORINE GAS (Cl2)
EMISSIONS	 
change 
"paragraphs (b), (c),
or (d)" to "paragraph
(b) or (c)"	266.107(a)	
change "screen" 
in heading to
"screening"	266.107(b)(2)	
change "screen" 
to "screening"	266.107(b)(3)	change paragraph
designated as "(i)"
to "(1)"	266.107(d)(1)	
		change paragraph
designated as "(ii)"
to "(2)"	266.107(d)(2)	
insert "limit" between
"screening" and 
"provided"; change 
"Appendix I" 
to "Appendix II" 	266.107(e)	
after "compliance 
with", change "his" 
to "this"	266.107(h)	

SMALL QUANTITY ON-SITE BURNER EXEMPTION	 
change "Exemption"
in heading to 
"Exempt"; change
"section" to "subpart" 
in introductory text	266.108(a)	
insert "to" between
"10.0" and "11.9" in
first column of table	266.108(a)(1)	
change "<1.0" to
"<1.0" in equation;
delete "," after 
"Allowable 
Quantity Burned"	266.108(c)	

LOW RISK WASTE EXEMPTION	 
change "of" after
"Director" to "on";
replace apostrophe
after "fuel" with an  
end quotation mark 	266.109(a)(1)(i)	
change reference 
"(a)(iii)" to "(a)(2)(iii)"	266.109(a)(2)(iv)	
change "componds"
to "compounds"	266.109(a)(2)(iv)(A)	
insert "or adjusted 
Tier I" before "metals"	266.109(b)(2)	

WAIVER OF DRE TRIAL BURN FOR BOILERS	 
insert "the" between
"volatility of"
and "fuel"	266.110(f)(3)	

REGULATION OF RESIDUES	 
		designate "266.122"
as "266.112"	266.112	

APPENDIX I TO PART 266

TIER I AND TIER II FEED RATE AND EMISSIONS SCREENING LIMITS FOR METALS	 
in title to table, 
change 
"Carcinogenic" to
"Noncarcinogenic"	Appendix I/Table I-A	
move the first column
"Beryllium" under 
"Values for use in 
rural areas" to fifth
column under "Values
for use in urban 
areas"; change 
"9.6E+01" in second
column under "Arsenic
g/hr" for "Values for 
use in urban areas" 
for a Terrain adjusted
effective stack height
of 16 meters
to "9.6E-01" 	Appendix I/Table I-D	
change "4.3-01"
corresponding to
Terrain adjusted
effective stack
height (m) of 12 
meters in the second
column to "4.3E-01"	Appendix I/Table I-E	

APPENDIX II TO PART 266

TIER I FEED RATE SCREENING LIMITS FOR TOTAL CHLORINE	 
replace Appendix II as
indicated at 56 FR
32690, correction 79	Appendix II	

APPENDIX III TO PART 266

TIER II EMISSION RATE SCREENING LIMITS FOR FREE CHLORINE AND HYDROGEN CHLORIDE	 
replace Appendix III 
as indicated at 56 FR
32691, correction 80	Appendix III	

APPENDIX IV TO PART 266

REFERENCE AIR CONCENTRATIONS	 
in first column of table
change "Methyl Ethyl
Katone" to "Methyl
Ethyl Ketone"; change 
"Metyl Parathion" to
"Methyl Parathion"	Appendix IV	

APPENDIX VII TO PART 266

HEALTH-BASED LIMITS FOR EXCLUSION OF WASTE-DERIVED RESIDUES	 
change "(mg/kg)" to
"(mg/L)" in the
heading of the third 
column in table 
entitled "Metals-
TCLP Extract
Concentration Limits";
add the following
entry to the end	Appendix VII/
of the table: 	Metals Table	 

METALS--TCLP EXTRACT CONCENTRATION LIMITS

			Constituent		CAS No.	Concentration
								limits (mg/L)

			Thallium		7440-28-0	    7xE+00

	
delete 8 lines
beginning with
"Thallium" and 
ending with
"Thallium(l) sulfate"
from the table
entitled 
"Nonmetals-Residue	Appendix VII/
Concentration Limits"	Nonmetals Table	 

APPENDIX VIII TO PART 266

POTENTIAL PICs FOR DETERMINATION OF EXCLUSION OF WASTE-DERIVED RESIDUES	 
change "roform" to
"chloroform" and
"robenzene" to
"chlorobenzene"
in the first column	Appendix VIII/
of the table	PICs Table	

APPENDIX IX TO PART 266

METHODS MANUAL FOR COMPLIANCE WITH THE BIF REGULATIONS	 
	,	Burning Hazardous
Waste in Boilers
and Industrial
Furnaces (see
56 FR 32692-32795)	Appendix IX	
Determination of 
Enrichment Factor	Appendix A to
(see 56 FR 32796)	Appendix IX	

APPENDIX X TO PART 266

GUIDELINE ON AIR QUALITY MODELS (REVISED)	 
Guideline on Air
Quality Models (see
56 FR 32796-32819)	Appendix X	
Summaries of 
Preferred Air
Quality Models (see	Appendix A to 
56 FR 32819-32828) 	Appendix X	
Summaries of
Alternative Air
Quality Models (see	Appendix B to
56 FR 32828-32849) 	Appendix X	
Example Air Quality
Analysis Checklist 
(see	Appendix C to
56 FR 32849-32852) 	Appendix X	

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	 
change 
"Methods for the 
Evaluation of" to
"Methods for 
Evaluating"	270.22(a)(2)(ii)(B)	
change the reference
"(a)(1)(ii)(B)" to
"(a)(2)(ii)(B)"	270.22(a)(2)(ii)(C)	
change "feestocks"
to "feedstocks"	270.22(a)(5)(vii)	
change "trail" to
"trial"; before 
"other compliance 
tests" change 
"from from"
to "from"	270.22(a)(6)	
change "minimze"
to "minimize"	270.22(b)(1)	 

SUBPART D - CHANGES TO PERMITS

		PERMIT MODIFICATION AT THE REQUEST OF THE PERMITEE	 
replace "270.21" with 
"270.22" and 
"and 270.63" with
"270.63 and 270.66"	270.42(c)(1)(iv)	
change "wates" to
"wastes" 	270.42(g)(1)	
change "effetive"
to "effective"	270.42(g)(1)(i)	
delete "In the case of
Classes 2 and 3
modifications,";
capitalize the "t" 
in "the"; insert
"Class 2 or 3"
before
"modification"	270.42(g)(1)(iv)	
in "L.5." replace
"." after
"requirements"
with ":"	270.42/Appendix I	

SUBPART F - SPECIAL FORMS OF PERMITS

PERMITS FOR BOILERS AND INDUSTRIAL FURNACES BURNING HAZARDOUS WASTE	 
change "operation
readiness" to
"operational
readiness"	270.66(b)(1)	
change "107" to
"266.107"	270.66(b)(4)	
change "for the
Evaluation of Solid
Waste" to 
"for Evaluating
Solid Waste"	270.66(c)(2)(i)	
change "for the
Evaluation of Solid
Waste" to "for Evalua-
ting Solid Waste"	270.66(c)(2)(ii)	
delete "and"
after "system(s);"	270.66(c)(3)(vi)	
insert "air"
before "pollution"	270.66(c)(3)(vii)	
replace "." after
"standard" with ";"	270.66(f)(3)	
replace "is" after
"performance 
standards" with "in"	270.66(f)(8)	

SUBPART G - INTERIM STATUS

		TERMINATION OF INTERIM STATUS	 
change "as" after
"which" to "has"	270.73(f)	
change "as" after
"which" to "has"	270.73(g)