CHAPTER IV QUALITY SERVICES



## PART 374

MANAGEMENT OF SPECIFIC HAZARDOUS WASTE 

### § 374.7

(Statutory authority: Environmental Conservation Law, art. 3, title 3, §§ 19-0301, 19-0303.

19-0304,19-0306,23-2305,23-2307,23-2308, art. 27, §§ 27,0105,27-0106,27-0305, 27-0926, titles 1, 3, 7, 9, §§ 70-0107, 70-0109, 70-0115, art. 71, § 71-2201, titles 27, 35)

Subpart 374-1 Standards for the Management ofSpecific Hazardous Wastes and Specific Types of Hazardous Waste ManagementFacilities Subpart 374-2 Standards for the Management ofUsed Oil Subpart 374-3 Standards for Universal Wastes Subpart 374-4 Standards for the Management ofElemental Mercury and Dental Amalgam Wastes at Dental Facilities

Historical Note Part (§§ 374.1-374.7) filed May 2,1986; renum. Subpart 374-1. filed Nov. 15, 1994 eff. 60 days after filing. 

### § 374.1

Historical Note Sec. filed May 2,1986; amd. filed Oct. 26,1988; renum. 374-1.1, filed Nov. 15, 1994eff. 60

, days afterfiling. 

### § 374.3

Historical Note Sec. filed May 2, 1986: amd. filed Dec. 2, 1991; renum. 374-1.3, filed Nov. 15, 1994 eff. 60 days afterfiling. 

### § 374.4

Historical Note Sec. filed May 2,1986; amds. filed: Oct. 26,1988; Dec. 2, 1991: repealed, filed Nov. 15, 1994 eff. 60 days afterfiling. 

### § 374.5

Historical Note Sec. filed Dec. 2, 1991; repealed, filed Nov. 15, 1994 eff. 60 days afterfiling. 

### § 374.6

Historical Note Sec. filed May 2.1986; amd. filed Dec. 2, 1991; renum. 374-1.6, filed Nov. 15, 1994 eff. 60 days afterfiling. 

### § 374.7

Historical Note Sec. filed May 2, 1986; amds. filed: Oct. 26, 1988; Dec. 2, 1991; renum. 374-1.7, filed Nov. 15, 1994 eff. 60 days afterfiling.

03-15-2006 6509 Conservation

### §374-1.1 TITLE 6 ENVIRONMENTAL CONSERVATION



## SUBPART 

## 374-1

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

Sec. 374-1.1 General 374-1.2 [Resen1ed] 374-1.3 Recyclable materials used in a manner constituting disposal 374-1.4-374-1.5 [Reserved] 374-1.6 Recyclable materials utilized for precious metal recovery 374-1.7 Spent lead-acid batteries being reclaimed 374-1.8 Hazardous waste burned in boilers and industrial furnaces 374-1.9 Conditional exemption for low-level mixed waste storage and disposal 374-1.10-374-1.12 [Reserved] 374-1.13 Military munitions

Historical Note

Subpart added (§§ 374.1.1-374-1.8) by renum. Part (§§ 374.1-374.7), filed Nov. 15, 1994 eff. 60 days after filing.



### § 374-1.1 General.

(a) Applicability. 

### This Subpartcontains requirements for generators and transporters ofthe hazardous wastes identifiedin section 371.1 (g)(1)(ii) ofthis Title and for owners and operators of facilities managing the hazardous wastes identified in section 373-1.1(d)(1)(vii) and (viii) ofthis Title that are required to comply with this Subpart.

Historical Note Sec. added by renum. and amd. 374.1, filed Nov. 15, 1994 eff. 60 days afterfiling.



### § 374-1.3 Recyclable materials used in a manner constituting disposal.

(a) Applicability. (l) 

### The regulations ofthis section apply to recyclable materials that are applied to orplaced on the land: (i) without mixing with any other substance(s); or (ii) after mixing or combination with any other substance(s). These materials will be referred to throughout this Subpart as "materials used in amannerthat constitutes disposal." (2) Products producedfor the general public's use that are used in amannerthat constitutes disposal and that contain recyclable materials are not presently subject to regulation if the recyclable materials have undergone a chemical reaction in the course of producing the products so as to become inseparable by physical means and if such products meet the applicable treatment standards in section 376.4 ofthis Title (or applicable prohibition levels in section 376.3[b] or RCRA section 3004[dJ, where no treatment standards have been established) for each recyclable material (i.e

.. 

### hazardous waste constituent) that they contain. Commercial fertilizers that are produced for the general public's use that contain recyclable materials also are not presently subject to regulation provided they meet these same treatment standards or prohibition levels for each recyclable material that they contain. However, zinccontaining fertilizers using hazardous waste K061 that are produced for the general public's

use are not presently subject to regulation.

(3) Anti-skid/deicing uses of slags, which are generated from high temperature metals recovery (HTMR) processing ofhazardous waste K06

### J, K062 and F006, in amannerconstituting disposal are not covered by the exemption in paragraph (2) ofthis subdivision and remain subject to regulation. \

6510 Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 

### 374-1.7

(b) Standards applicable to generaJors and transporters of materials used in a manner that constitutes disposal. Generators and transporters of materials that are used in a manner that constiLUtes disposal are subjectto the requirements ofPart 372 ofthis Title.

(c) Standards applicable to storers ofmaterials that are to be used in a manner that constitutes disposal who are not the ultimate users. Owners oroperators offacilities that store recyclable materials that are to be usedin a manner that constitutes disposal, but who are not the ultimate users ofthe materials, are regulated under all applicable provisions of sections 373-2.1 through 373-2.12, sections 373-3.1 through 373-3.12, and Subpart 373.1 ofthis Title.

(d) Standards applicable to users ofmaterials that are used in a manner that constitutes disposal. (1) Owners oroperators offacilities thatuserecyclable materials in amannerthat constitutes disposal are regulated under all applicable provisions of sections 373-2.1 through 373-2.14, sections 373-3.1 through 373-3.14, Subpart 373-1 and Part 376 ofthis Title. (These requirements do not apply to products which contain these recyclable materials under the provisions ofparagraph (a](21 ofthis section.)

(2) The use of any material which is contaminated with dioxin or any other hazardous waste for dust suppression orroad treatmentis prohibited.

Historical Note Sec. addedbyrenum. and amd. 374.3, filed Nov. 15, 1994; amd. filed Sept. 29, 1998 eff. 60 days afterfiling. Added (a)(3), amended (d)(l). 

### § 

### 374-1.6 Recyclable materials utilizedfor precious metal recovery.

(a) Applicabilityandrequirements. (l) The regulations ofthis section apply to hazardous wastes thatarereclaimedto recovereCOnomically significantamounts ofgold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination ofthese. These hazardous wastes will be referred,to throughout this section as recyclable materials.

(2) Persons who generate, transport or store recyclable materials that are regulated under this section are subjectto thefollowing requirements: (i) notificationrequirements underPart 372 ofthis Title; (ii) section 371.1(f) orsection 372.2(b) (forgenerators), section 372.3 (fortransporters), and section 373-3.5(b) (forpersons who store) ofthis Title; and



### ... tries for recovery, section ClOUS metals exported to orimported

(3) Persons who storerecyclable materials thatare regulatedunderthis section mustkeep the following recordsto documentthatthey arenot accum,ulating thesematerials speculatively (as defined in section 371.1 [a] ofthis Title): (i) the volume ofrecyclable materials storedatthebeginning ofthe calendaryear; (it) the amount ofrecyclable materials generated or received during the calendar year; and

(iii) the amount ofrecyclablematerials remaining atthe end ofthe calendaryear. (4) Recyclable materials regulated under this section that are accumulated speculatively (as definedin section 371.1 [a] ofthisTitle) are subjectto all applicableprovisions ofParts 372 and 373 ofthis Title.

HistoricalNote Sec. addedby renum. and amd. 374.6, filed Nov. 15, 1994; amd. filed Sept. 29, 1998 eff. 60 days afterfiling. Added (a)(2)(iii). 

### § 

### 374-1.7 Spentlead-acid batteries being reclaimed.

(a) Applicabilityandrequirements. (I), Are spentiead-acidbatteries exemptfromhazardous waste management requirements? Ifyou generate, collect, transport, store, orregenerate lead-acid batteries forreclamationpurposes, you may be exemptfrom certain hazardous waste

01-15-2002 6511 Conservation

### § 374-1.7 TlTLE 6 ENVIRONMENTAL CONSERVATION



### management requirements. Use the following table to dClcnnine 

### which requirements apply to you. Alternatively, you may choose to 

### manage your spent lead-acid batteries under the "Universal Waste" rule in Subpart 374-3 ofthis Part.

If

yourbaTteries

.. And if you

. Then you. Andyou." (i) Will be reclaimed are exempt from Part 372 are subject to Part 371 through regeneration (except section and section 372.2(a)(2) of (such as by electrolyte 372.2[a][2]), 373, 374,1. this Title. replacement). 376 and 621 oftms Title, and the notification requirements at section 3010 ofRCRA. (ii) Will be reclaimed generate, collect, and! are exempt from Parts are subject to Part 371 other than through or transport these 372 (except section and section 372.2(a)(2), regeneration. batteries. 372[a][2]). 373, 374,1, and applicable provisions and 621 ofthis Title, and under Part 376 ofthis the notification Title. requirements at section 3010 ofRCRA. (iii) Will be reclaimed store these batteries are exempt from Parts are subject to Part 371 other than through but you aren't the 372 (except section and section 372.2(a)(2), regeneration. reclaimer. 372[a][2]), 373, 374,1, and applicable provisions and 621 ofthis Title, and under Part 376 ofthis the notification Title. requirements at section 3010 ofRCRA. (iv) Will'be reclaimed store thesebatteries must comply with se<;tion are subject to Part 371 otherthan through before you reclaim 374-1.7(a)(2) and as and section 372.2(a)(2), regeneration. them. appropriate other and applicable provisions provisions described in under Part 376 ofthis 374.,1.7(a)(2). Title. (v) Will be reclaimed don't store these are exempt from Parts are subject to Part 371 other than through batteries before you 372 (except section and section 372.2(a)(2), regeneration. reclaim them. 372[a][2]). 373, 374,1, and applicable provisions and 621 ofthis Title, and under Part 376 ofthis the notification Title. requirements at section 3010 ofRCRA.



### (2) IfI store spent lead-acid batteries before I reclaim them but not through regeneration, whichrequirements apply? The requirements ofsubparagraph O)(ii) ofthis subdivision apply to you if you store spent**lead~acid** 

### batteries before you reclaim them, but you don't reclaim themthrough regeneration. Therequirements are slightly differentdepending on yourPart 373 permit status. (i) For interim status facilities, you mustcomply with:

(a) 

### notification requirements under section 3010 ofRCRA; (b) 

### all applicable provisions in section 373-3.1 ofthis Title; (c) 

### all applicable provisions in sections**373~3.2** 

### except subdivision (d) (waste**analy~** 

### sis) ofthis Title;

(d) 

### all applicable provisions in sections 373-3.4 and**373~3.5** 

### ofthis Title; (e) 

### all applicable provisions in section 373-3.5 except subdivision (b) (dealing with the use ofthe manifest and manifest discrepancies), ofthis Title;

6512 Conservation 01,15,2002CHAPTER IV QUALITY SERVICES 

### § 374-1.8

(j) all applicable provisionsin sections 373-3.6 through 373-3.12 ofthis Title; and (g) all applicable provisions in Subpart 373-1 and Part 621 ofthis Title. (ii) For permitted facilities:

(a) notification requirements under section 3010 ofRCRA; (b) all applicable provisions in section 373-2.1 ofthis Title; (c) all applicable provisionsin section373-2.2except subdivision (e) (waste analysis) ofthis Title;

(d) all applicable provisions in sections 373-2.3 and 373-2.4 ofthis Title; (e) all applicable provisions in section 373-2.5 except subdivision (b) (dealing with the use ofthe manifest and manifest discrepancies), ofthis Title;

(j) all**appli~able** provisions in sections 373-2.6 through 373-3.12 ofthis Title; and (g) all applidtble provisions in Subpart 373-1 and Part 621 ofthis Title.

Historical Note Sec. added by renum. and amd. 374.7, filed Nov. IS, 1994; amd. filed Sept. 29, 1998; repealed, new filed Jan. 14,2002 eff. 60 days afterfiling.


### § 374-1.8 Hazardous waste burned inboilers and industrialfurnaces.

(a) Applicability. (l) The regulations ofthis section apply to hazardous waste burned or processed in a boiler or industrial furnace (as defined in section 370.2[b] of this Title) irrespective ofthe**purpose~f** burning orprocessing, except as provided by paragraphs (2), (3), (4) and (6) ofthis subdivision. In this section, theterm burnmeans burningforenergyrecovery
or destruction, or processing for materials recovery or as an ingredient. The emissions standards ofsubdivisions (e) through (h) ofthis section apply LO facilities operating under interim status orunder aPart 373 permit as specifiedin subdivisions (c) and (d) ofthis section.

NOle: Additional regulations governing construction and operation ofincin· erators for purposes ofairpollution control are set forth in Parts 200, 201.212,219,225,227 and 257 ofthis Title. (2) The following hazardous wastes and facilities are not subject to regulation under this section: (i) used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic ofhazardous waste identified in section 371.3 ofthis Title. Y8QQ ell is Sii9j@Bt \8 F8g1:l18ttafll:lftBef**8tie~ftft** 374 2 oftfii3 Title;

(ii) gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery;

(iii) hazardous wastes that are exempt from regulation under section 371.1 (e) and (g)(l)(iii)(c) and (d) of this Title, and hazardous wastes that are SUbject to the special requirements for conditionally exempt small quantity generators under section 371.1(f) of this Title; and

(iv) coke ovens, ifthe only hazardous waste burned is EPA hazardous waste no. K087, decantertank tar sludge from coking operations. (3) Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, but not including cement kilns, aggregate kilns, or halogen acid furnaces burning hazardous waste) that process hazardous waste solely for metal recovery are conditionally exempt from regulation underthis section, except for subdivisions (b) and (m) ofthis section.

01-15-2002 6512.1 ConservationCHAPTER IV QUALITY SERVICES 

### § 374-1.8

(i) To be exempt from subdivisions (c) through 0) ofthis section, an owner oroperator of a metal recovery furnace or mercury recovery furnace must comply with the following 

### requirements, except that an owner or operator of a lead or a nickel-chromium recovery furnace, orametal recovery furnace thatbums baghollsebags llsed to capture metallic dusts emitted 

### by steel manufacturing, must comply 

### with therequirements ofsubparagraph (iii) of this paragraph: (a) Provide a one-time written notice to the commissioner indicating the following:

(1) the owneroroperatorclaims exemptionunderthis paragraph; 

### (2) the 

### hazardous waste is burned solely for metal recovery consistent with the provisions ofsubparagraph (H) ofthis paragraph; (3) the hazardous waste contains recoverable levels ofmetals; and (4) the owner or operator will comply with the sampling and analysis and recordkeeping requirements ofthis subparagraph; (b) sample and analyze the hazardous waste and other feedstocks as necessary to comply with the requirements of this paragraph under procedures specified by "Test Methods for Evaluating SolidWaste, Physical/Chemical Methods" (EPA Publication No. SW-846 [see section 370.1(e) ofthis Title]) oralternative methods thatmeetorexceedthe SW**~846** method perfonnance capabilities. 

### If SW**~846** does not prescribe a method for a particulardetemrination, the owneror operator shall use the best available method; and (c) maintain at the facility for at least three years records to document compliance with the provisions ofthis paragraph including limits on levels oftoxic organic constituents and Btu value ofthe waste, and levels ofrecoverable metals in the hazardous waste compared to normal nonhazardous waste feedstocks. (li) A hazardous waste meeting eitherofthefollOWing criteriais notprocessed solelyfor metal recovery: (a) the hazardous waste has a total concentration of organic compounds listed in Appendix 23 ofthis Title (see Part 371) exceeding 500 ppmby weight, as-fired, and so is considered to be burned for destruction. The concentration of organic compounds in a waste as-generated may be reduced to the 500 ppm limit by bona fide treatment that

removes ordestroys organic constituents. Blending for dilution to meetthe 500ppm limit is prohibited. Documentation that the waste has not been impennissibly diluted must be retained in the records required by clause (i)(c) ofthis paragraph; or (b) thehazardous waste has aheating value of5,000Btuflbormore,**as~fired,** and so is consideredto beburnedas fuel. Theheating value ofa waste**as~generated** maybereduced to below the 5,000 Btu/lb limit by bona fide treatment that removes or destroys organic constituents. Blendingfor dilution to meet the 5,000 Btullb limit is prohibited. Documentation that the waste has not been impennissibly diluted must be retained in the records required by clause (i)(c) ofthis paragraph. (iii) To be exempt from subdivisions (c) through 0), an owner or operator ofa lead or nickel-chromium or mercury recovery furnace, or a metal recovery furnace that bums baghousebags usedto capture metallic dusts emittedby steel manufacturing, mustprovide a one-time written notice to the commissioner identifying each hazardous waste burned and specifying whether the owner or operator claims an exemption for each waste under this subparagraph orsubparagraph (i) ofthis paragraph. The owneroroperatormustcomply with therequirements ofsubparagraph (i) ofthis paragraphforthose wastes claimedto beexempt under that subparagraph and must comply with the requirements below for those wastes claimed to be exempt under this subparagraph. (a) thehazardous wastes listedin Appendices 51, 52 and53 ofthis Title andbaghouse bags used to capture metallic dusts emitted by steel manufacturing are exempt from the requirements ofsubparagraph (i) ofthis paragraph, provided that: (1) a waste listed in Appendix 51 ofthis Title must contain recoverable levels of lead. A waste listed in Appendix 52 ofthis Title must contain recoverable levels of

10-31-98 6513 Conservation

### § 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION

nickel or chromium, a waste listed in Appendix 53 ofthis Title must contain**recover~** 

### able levels ofmercury and contain less than 500 parts per million of Appendix 23 organic constituents, andbaghollse bags usedto capture metallic dusts emitted by steel manufacturing must contain recoverable levels ofmetal; and

(2) the waste does not exhibit the toxicity characteristic ofsection 371.3(e) ofthis Title for an organic constituent; and (3) 

### the wasteis notahazardous waste listedin section 371.4 afthis Titlebecauseit is listed for an organic constituent, as identified in Appendix 22 ofthis Title (see Part 371 ofthis Title); and

(4) the owner or operator certifies in the one-time notice that hazardous waste is burnedundertheprovisions ofthis subparagraph andthat sampling and analysis will be conducted or other infonnation 

### will be obtained as necessary to ensure continued compliance withtheserequirements. Sampling and analysis shall be conducted according to clause (i)(b) of this paragraph. Records to document compliance with this subparagraph sbaIl 

### be keptfor at leastthree years; (b) the commissioner may decide, on a case-by-case basis, that the toxic organic constituents in a material listed in Appendix 

### 51, 52 or

### 53 ofthis Title thatcontains a total concentration ofmore than 500 ppm toxic organic compounds, listed in Appendix 

### 23 of this Title (see Part 371 of this Title), may pose a hazard to human health and the environment when burned in a metal recovery furnace exempt from the requirements of this section. 

### In that situation, after adequate notice and opportunity for comment, the metal recovery furnace will become subject to the requirements of this section when burning thatmaterial. Inmaking the hazard detennination, the commissionerwill consider the following factors: (1) the concentration and toxicity oforganic constituents in the material; and (2) the level ofdestruction oftoxic organic constituents provided by the furnace; and

(3) whetherthe acceptable ambient levels established in Appendix 44 or45 ofthis Title may be exceeded for any toxic organic compound that may 

### be emitted, based on dispersion modeling to predict the maximum annual average off-site ground level concentration. (4) The standards for direct transfer operations under subdivision (1) ofthis section, apply onlyto facilities subjectto thepennit standards ofsubdivision (c) ofthis section, orthe interim status standards ofsubdivision (d) ofthis section.

(5) The management standards for residues under subdivision (m) ofthis section apply to any boiler orindustrial furnace burning hazardous waste.

(6) Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces) that process hazardous waste for recovery ofeconomically significant amounts ofthe precious metals gold, silver, platinum, paladium, irridium, osmium, rhodium, or ruthenium, or any combination ofthese, are conditionally exempt from regulation under this section, except for subdivision (m) ofthis section. To 

### be exemptfrom subdivisions (b) through (1) ofthis section,

an owneroroperator must: (i) provide a one-time wrinen notice to the commissioner indicating the fonowing:

(a) the owneroroperatorclaims exemption under this paragraph; (b) the hazardous waste is burned for legitimaterecovery ofprecious metal; and (c) the owneroroperatorwill comply withthe sampling and analysis andrecordkeeping requirements ofthis paragraph; and (ii) sample and analyze the hazardous waste 

### as necessary to document that the waste is burned for recovery ofeconomically significant amounts ofprecious metal using procedures specified by "TestMethods for Evaluating SolidWaste, Pbysical/Chemical Methods" (EPA PublicationNo. SW

### -846 [see section 370.1(e) ofthis TitleD oralternativemethods that meet

6514 Conservation 10-31-98CHAPTER IV QUALITY SERVICES 

### § 374-1.8

or exceed the SW-846 method performance capabilities. If SW-846 does not prescribe a 

### method for a particular determination, the owner or operator shall use the best available method; and

(iii) maintain atthe facility foratleastthree years records to documentthatallhazardous 

### wastes burned are burned for recovery of economically significant amounts of precious metal. (b) 

### Managementprior to burning. 

### (1) Generators. Generators ofhazardous waste that is burned in a boilerorindustrial furnace are subject to section 372.2 ofthis Title. 

### (2) Transporters. Transporters ofhazardous waste that is burned in a boiler or industrial furnace are subject to section 372.3 ofthis Title.

(3) Storage Facilities. (i) Owners and operators offacilities that store hazardous waste that is burned in a boiler or industrial furnace are SUbject to the applicable provisions of Subparts 373-1,373-2 and 373-3 ofthis Title. exceptas providedby subparagraph (ii) ofthis paragraph. These standards apply to storage by the burner, as wen as to storage facilities operated by intermediaries (processors, blenders, distributors, etc.) between the generator and the burner.

(ii) Owners and operators offacilities that bum, in an onsite boiler orindustrial furnace exempt from regulation underthe small quantity burnerprovisions ofsubdivision (i) ofthis section, hazardous waste that they generate, are exempt from the regulations of Subparts 373-1,373-2 and 373-3 ofthis Title applicable to storage units for those storage units that store mixtures ofhazardous waste and the primary fuel to the boileror industrial furnace in tanks that feed the fuel mixture directly to the burner. Storage ofhazardous waste prior to mixing with the primary fuel is subjectto regulation as prescribedin subparagraph (i) ofthis paragraph.

10-31-98 6514.1 ConservationCHAPTER IV QUALITY SERVICES 

### § 

### 374-1.8

(c) 

### Permitstandards/orburners. (1) Applicability. 

### 0) General. Owners and operators ofboilers and industrial furnaces burning hazardous waste and not operating under interim status must comply with the requirements of this 

### subdivision and sections 373-1.5(i) and**373~1.9(d)** 

### of this Title, unless exempt under the small quantity burnerexemption ofsubdivision (i) ofthis section.

(ii) 

### Applicability of Subpart 373-2 standards. Owners and operators of boilers and industrial furnaces that bum hazardous waste are subject to the following provisions of Subpart 373-2 ofthis Title, except as provided otherwise by this section: (a) in section 

### 373-2.1 (General), subdivision (c); (b) in section**373~2.2** (General facility standards), subdivisions (b) through U); (c) in section 373-2.3 (Preparedness and prevention), subdivisions (b) through (g); (d) in section 373-2.4 (Contingency plan and emergency procedures), subdivisions (b) through (g);

(e) in section 373-2.5 (Manifest system, recordkeeping, and reporting), the applicable provisions ofsubdivisions (b) through (g);

(f) in section 373-2.6 (Releases from solid waste management units), subdivisions (a) and (I);

(g) in section 373-2.7 (Closure and post-closure), subdivisions (b) through (f); (h) in section 373-2.8 (Financial requirements), subdivisions (b), (c), (d), (b), (i) and U), except that the State andthe Federal government are exempt from the requirements of section 373-2.8; and

(i) section 373-2.28 (Air emission standards for equipment leaks), except paragraph (a)(I). (2) Hazardous waste analysis.

0) The owner or operator must provide an analysis ofthe hazardous waste that quantifies the concentration ofany constituent identified in Appendix 23 ofthis Title (seePart 371 ofthis Title) that may reasonably be expected to be in the waste. Such constituents must be identified and quantified, ifpresent, at levels detectable by analytical procedures prescribed by "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (EPA**Publica~** tion No.**SW~846** [see subdivision 370.l(e) ofthis Title]). Alternative methods that meet or exceed the method performance capabilities of SW-846 methods may be used. IfSW-846 does not prescribe a method for a particular determination, the owner or operator shall use the best available method. The Appendix 23 of this Title constituents excluded from this analysis must be identified and the basis for theirexclusion explained. This analysis will be used to provide all information required by this section and sections 373-1.50) and 373-l.9(d) ofthis Title and to enable the permit writerto prescribe such permit conditions as necessary to protect human health and the environment. Such analysis must be included as a portion ofthe Part 373 permit application, or, for facilities operating under the interim status standards ofthis section, as a portion ofthe trial burn plan that may be submitted before the Part 373 permit application underprovisions ofsection 373-l.9(d)(7) of[his Title, as well as any other analysis required by the permit authority in preparing the permit. Owners and operators ofboilers and industrial furnaces not operating under the interim status standards must provide the information required by section 373-J.5(i) or 373-J.9(d)(3) ofthis Title in the Part 373 pennit application [0 the greatest extent possible.

Oi) Throughout nonnal operation, the owner or operator must conduct sampling and analysis, as necessary, to ensure that the hazardous waste, other fuels, and industrial furnace feedstocks fired into the boiler or industrial furnace are within the physical and chemical composition limits specified in the permit. (3) Emissions standards. Owners and operators must comply with emissions standards provided by subdivisions (e) through (h) ofthis section.

(4) Permits. 

# '-'-95 (Reissued 7/95) 6515 Conservation

### § 

## 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVAnON

(i) 

### The owner or operator may bum only hazardous wastes specified in the facility permitandonly underthe operating conditions specified underparagraph (5) ofthis subdivi

### sion, except in approved trial 

### bums under the conditions specified in section 373-L9(d) of this Title.

(ij) 

### Hazardous wastes not specified in the pennit may not be burned until operating conditions have been specified under a new permit or permit modification, as applicable. Operating requirements for new wastes may be based on either trial 

### burn results or alternative dataincluded with the Pan 373 permit" application under section 37.3-1.50) ofthis Title.

(iii) 

### Boilers and industrial furnaces operating under the interim status standards of subdivision (d) of this section are permitted under procedures provided by section 373-1.9(d)(7) ofthis Title.



### (iv) A pennit for anew boileror industrial furnace (those boilers and industrial furnaces not operating under the interim status standards) must establish appropriate conditions for each of the applicable requirements of this subdivision, including, but not limited to, allowable hazardous waste firing rates and operating conditions necessary to meet the requirements ofparagraph (5) of this subdivision, in order to 

### comply with the following standards: (a) 

### For the period beginning with initial introduction ofhazardous waste and ending with initiation ofthe trial bum, and only for the minimum time required to bring the device to apoint ofoperational readiness to conduct a trial burn, not to exceed a duration of720 hours operating time when burning hazardous waste, the operating requirements must be 

### those most likely to ensure compliance with the emission standards ofsubdivisions (e) through (h) ofthis section, based on thecommissioner's engineeringjudgment. If the applicant is seeking a waiver from a trial bum to demonstrate conformance with a particular emission standard, the operating requirements during this initial period of operation shall include those specified by the applicable provisions of subdivisions (e) through (h) ofthis section. The commissioner may extend the duration ofthis period for up to 720 additional hours when the applicant demonstrates good cause for the extension.

(b) 

### Forthe duration ofthe trial bum, the operating requirements must be sufficient to demonstrate compliance with the emissions standards ofsubdivisions (e) through (h) of this section and must be in accordance with the approved trial burn plan.

(c) 

### Fortheperiodimmediately following completionofthetrial bum, andonly for the minimum period sufficient to allow sample analysis, data computation, submission ofthe trial burn results by the applicant, review ofthe trial burn results and modification ofthe facility pennitby the commissionerto reflect the trial burn results, the operating requirements must be those most likely to ensure compliance with the emission standards of subdivisions (e) through (h) of this section based on the commissioner's engineering judgment. (d) 

### For the remaining duration of the permit, the operating requirements must be those demonstrated in a trial bum orby alternative data specified in section 373-1.5(i) of this Title, as sufficient to ensure compliance with theemissions standards ofsubdivisions· (e) through (h) ofthis section. 

### (5) Operating requirements.

(i) GeneraL A boileror industrial furnace burning hazardous waste must be operated in accordancewiththe operating requirements specifiedinthepermit at all times where thereis hazardous waste in the unit

Oi) 

### Requirements to ensure compliance with the organic emissions standards.

(a) 

### DRE standard. Operating conditions will be specified either on a case-by-case basis for each hazardous waste burned as those demonstrated (in a trial bum or by alternative data as specified in section 373- 1.5[i) ofthis Title) to be sufficient to comply with the destruction and removal efficiency (DRE) performance standard ofparagraph (e)( 1) 

### ofthis section, oras those special operatingrequirements provided by subparagraph (e)(1)(iv) ofthis section for the waiver ofthe DRE trial bum. When the DRE trial bum is

6516 Conservation (Reissued 7/95) 1·1-95CHAPTER IV QUALITY SERVICES 

### § 

## 374-1.8

not waived under subparagraph (e)(1)(iv) of this section, each set of operating requirements 

### will specify the composition ofthe hazardous waste (including acceptable variations in the physical and chemical properties ofthe hazardous waste which will not affect compliance with the DRE performance standard) to which the operating requirements apply. For each such hazardous waste, the pennit will specify acceptable operating limits, inclUding, but not limited to, the following conditions, as appropriate: (1) feed rate of hazardous waste and other feels measured and specified as prescribed in subparagraph (vi) ofthis paragraph;

(2) minimum and maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in subparagraph (vi) ofthis paragraph;

(3) appropriate controls ofthe hazardous waste firing system; (4) allowable variation in boiler and industrial furnace system design or operating procedures;

(5) minimum combustion gas temperature measured at a location indicative of combustion chamber temperature, measured and specified as prescribed in subparagraph (vi) ofthis paragraph;

(6) an appropriate indicator ofcombustion gas velocity, measured and specified as prescribed in SUbparagraph (vi) of this paragraph, unless documentation is proVided under section 373-1.9(d) ofthis Titledemonstrating adequate combustiongas residence time; and

(7) such other operating requirements as are necessary to ensure that the DRE performance standard ofparagraph (e)(1) ofthis section is met. (b) Carbon monoxide and hydrocarbon standards. The permit must incorporate a carbonmonoxide (CO) limit and, as appropriate, a hydrocarbon (HC) limit as provided by paragraphs (e)(2) through (6) of this section. The permit limits will be specified as follows: (1) when complying with the CO standardofsubparagraph (e)(2)(i) ofthis section, the permit limit is lOO ppmv;

(2) whencomplying withthe alternative CO standard underparagraph (e)(3) ofthis section, the permit limit for CO is based on the trial burn and is established as the average over all valid runs ofthe highest hourly rolling average CO level ofeach run, and the permit limit for 

## He is 20 ppmv (as defined in subparagraph (e)(3)(i) of this section, except as provided in paragraph (e)(6) ofthis section.

(3) when complying with the alternative HC limit for industrial furnaces under paragraph (e)(6) of this section, the permit limit for HC and CO is the baseline level when hazardous waste is not burned as specified by that paragraph. (c) Start-Up and shut-down. During start-up and shut-down ofthe boiler orindustrial furnace, hazardous waste (except waste fed solely as an ingredient under the Tier I [or adjustedTier I] feed rate screening limits for metals and chloride/chlorine, and exceptlow risk waste exempt from the trial burn requirements under subparagraph [eJ[l][v] and subdivisions [f], [g] and [h] of this section) must not be fed into the device unless the device is operating within the conditions ofoperation specified in the permit. (iii) Requirements to ensure conformance with the particulate standard.

(a) Except as provided in clauses (b) and (c) ofthis subparagraph, the permit shall specify the following operating requirements to ensure conformance with the particulate standard specified in subdivision (f) ofthis section: (1) total ash feed rate to the device from hazardous waste, other fuels, and industrial furnace feedstocks, measured and specified as prescribed in subparagraph (vi) of this paragraph;

1·1-95 (Reissued 7195) 6517 Conservation

### § 

### 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION

(2) 

### maximum device production rate when producing nonnal product expressed in appropriate units, and measured and specified as prescribed in subparagraph (vi) ofthis paragraph;



### (3) appropriate 

### controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;

(4) allowable variationinboiler and industrial furnace system desIgn Including any air pollution control system oroperating procedures; and



### (5) such otheroperatingrequirements as are necessary to ensure thaI the panicu!ate standard in paragraph (1)(2) ofthis section is met. (b) 

### Pennitconditions to ensureconformance withtheparticulate maller 

### standard shall not be provided for facilities exempt from the particulate matter standard under paragraph (f)(2) ofthis section.



### (c) For cement kilns and light-weight aggregate kilns, permit condHlOns to ensure compliance with the particulate standardshall notlimitthe ashcontent ofhazardous waste

or otherfeed materials. (iv) Requirements to ensure conformance with the metals emissions standard.

(a) 

### For conformance with the Tier I (or adjusted Tier I) metals feed rate screening limits ofparagraphs (g)(2) or (5) ofthis section, the permit shall specify the following operating requirements: (1) 

### total feed rate of each metal in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified under provisions of subparagraph (vi) of this paragraph;

(2) total feed rate of hazardous waste measured and specified as prescribed in subparagraph (vi) ofthis paragraph;

(3) a sampling and metals analysis program for the hazardous waste, other fuels, and industrial furnace feedstocks, (b) 

### For confonnance with the Tier II metals emission rate screening limits under paragraph (g)(3) ofthis section and the Tier

### III metals controls underparagraph (g)(4) of this section, the permit shall specify the following operating requirements: (1) 

### maximum emission rate for each metal specified as the average emission rate during the trial bum;

(2) feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in clause (vi) (a) 

### ofthis paragraph;

(3) feed rate ofeach metal in the following feedstreams, measured and specified as prescribed in SUbparagraph (vi) ofthis paragraph: (i) 

### tota! feed streams; (ii) 

### total hazardous waste feed; and (iii) 

### total pumpable hazardolls waste feed; (4) total feed rate of chlorine and chloride in total feed streams measured and specified as prescribed in subparagraph (vi) ofthis paragraph;

(5) maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in subpar. agraph (vi) ofthis paragraph;

(6) 

### maximum flue gas temperature at the inlet to theparticulate matter air pollution control system, measured and specified as prescribed in subparagraph (vi) of this paragraph;

(7) 

### maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in subparagraph (vi) ofthis paragraph;

6518 Conservation (Reissued 7/95) I- 1-95CHAPTER IV QUALITY SERVICES 

### § 374-1.8

(8) appropriate 

### controls on operation and maintenance of the hazardous waste firing system and any airpollution control system;

(9) allowable variation in boilerandindustrial furnace systemdesign including any air pollution control system oroperating procedures; and

(10) 

### such other operating requirements as are necessary to ensure that the metals standards underparagraphs (g)(3) or (4) ofthis section are met. (c) 

### For confonnance with an alternative implementation approach approved 

### by the commissioner underparagraph (g)(6) ofthis section, the permit will specify the following operating requirements: (1) 

### maximum emission rate for each metal specified as the average emission rate during the trial bum;



### (2) feed rate oftotal 

### hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in clause (vi) (a) 

### ofthis paragraph;

(3) feed rate ofeach metal in the following feedstreams, measured and specified as prescribed in subparagraph (vi) ofthis paragraph: (i) 

### total hazardous waste feed; and (ii) 

### total pumpable hazardous waste feed; (4) total feed rate of chlorine and chloride in total feed streams measured and specified as prescribed in subparagraph (vi) ofthis paragraph;

(5) 

### maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, andmeasured and specified as prescribed in subparagraph (vi) ofthis paragraph;

(6) 

### maximum flue gas temperature attheinlet to the particulate matterair pollution control system, measured and specified as prescribed in subparagraph (vi) of this paragraph;

(7) 

### maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in subparagraph (vi) ofthis paragraph;

(8) appropriate controls on operation and maintenance of the hazardous waste firing system and any airpollution control system;

(9) allowablevariation in boilerand industrial furnace systemdesign including any air pollution control system oroperating procedures; and

(l0) 

### such other operating requirements as are necessary to ensure that the metals standards underparagraph (g)(3) or (4) ofthis section are met. (v) Requirements to ensure conformance with the hydrogen chloride and chlorine gas standards. (a) 

### For conformance with the Tier] total chloride and chlorine feed rate screening limits of subparagraph (h)(2)(i) of this section, the permit will specify the following operating requirements: (1) 

### feed rate oftotal chloride and chlorine in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified as prescribed in subparagraph (vi) ofthis paragraph;

(2) feed rate of total hazardous waste measured and specified as prescribed in subparagraph (vi) ofthis paragraph; and

(3) a sampling and analysis program for total chloride and chlorine for the hazardous waste, otherfuels, and industrial furnace feedstocks. (b) 

### For conformance with the Tier 

## n Hel and el2 emission rate screening limits under subparagraph (h)(2)(ii) ofthis section and the Tier III HCI and CI 2controls under paragraph (h)(3) ofthis section, the pennit will specify the following operating requirements:

1-1-95 (Reissued 7/95) 6519 Conservation

### § 

### 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION

(1) maximum emission Tate for 

### Hel and for 

### CI 2specified as the average emission rate during the trial bum;



### (2) feed rate of total hazardous waste measured and specified as prescribed in subparagraph (vi) ofthis paragraph;



### (3) total feed rate of chlorine and chloride in total feed streams, measured and specified as prescribed in subparagraph (vi) ofthis paragraph;

(4) 

### maximum device production rate when producing normal product expressed in 

### appropriate units, measured and specified as prescribed in subparagraph (vi) of this paragraph;



### (5) appropriate 

### controls on operation and maintenance of the hazardous waste firing system and any airpollution control system;

(6) 

### allowablevariation in boilerandindustrial furnace systemdesignincluding any air pollution control system or operating procedures; and

(7) 

### such other operating requirements as are necessary to ensure that the HCI and CI 2standards undersUbparagraph (h)(2)Oi) orparagraph (h)(3) ofthis section are met. (vi) Measuring parameters and establishing limits based on trial bum data.

(a) 

### General requirements. As specified in subparagraphs (ii) 

### through (v) of this paragraph, each operating parameter shall be measured, and permit limits on the parameter shall be established according to either ofthe following procedures: (1) 

### Instantaneous limits. A parametermay be measured and recorded on an instantaneous basis (i.e., 

### the value that occurs at any time) and the pennit limit specified as the time-weighted average during all valid runs ofthe trial burn; or

(2) Hourly rolling average.

(i) 

### The limit for a parametermay be established and continuously monitored on an hourly rolling average basis defined as follows: (A) 

### A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detectorresponse at least once each 15 seconds, and computes and records the average value at least every 60 seconds.

(B) 

### An hourly rolling average is the arithmetic mean of the 60 most recent one-minute average values recorded by the continuous monitoring system. (ii) 

### The pennit limit for the parameter shall be established based on trial bum dataas the average over all valid test runs ofthe highest hOUrly rolling averagevalue for each run. (b) 

### Rolling average limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic metals (i.e., 

### arsenic, beryllium, cadmium and chromium) and lead may be established either on an hourly rolling average basis as prescribed by clause (a) 

### ofthis subparagraph oron (up to) a24-hourrolling average basis. Ifthe owneroroperatorelects to use an average period from two to 24 hours: (1) 

### the feed rate ofeach metal shall be limited at any time to 10times the feed rate that would be 

### allowed on an hourly rolling average basis;

(2) the continuous monitor shall meet the following specifications:

(i) 

### acontinuous monitoris onewhich continuously samples theregulatedparameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.

(ii) 

### the rolling average for the selected averaging period is defined as the arithmetic mean ofone hour block averages for the averaging period. A one hour block average is the arithmetic mean of the one minute averages recorded during the 60-minute period beginning at one minute after the beginning of preceding clock hour; and

6520 Conservation (Reissued 7/95) 1-1-95CHAPTER IV QUALITY SERVICES 

### § 374-1.8

(3) the permitlimit forthe feed rate ofeach metal shall be establishedbasedon trial burn data as the average over all valid test runs ofthe highest hourly rolling average feed rate for each run. (c) Feedrate limits formetals, total chloride and chlorine, and ash. Feed rate limits for metals, total chlorine and chloride, and ash are established and monitored by knowing the concentration ofthe substance (i.e., metals, chloride/chlorine, and ash) in each feedstream and the flow rate ofthe feedstrearn. To monitorthe feed rate ofthese substances, the flow rate ofeach feedstream must be monitored under the continuous monitoring requirements ofclauses (a) and (b) ofthis subparagraph.

(d) Conduct oftrial bum testing.

(1) 

### If compliance with all applicable emissions standards of subdivisions (e) through (h) ofthis section is not demonstrated simultaneously during a set oftest runs, the operating conditions of additional test runs required to demonstrate compliance with remaining emissions standards must be as close as possible to the original operating conditions. (2) Prior to obtaining test data for purposes ofdemonstrating compliance with the emissions standards ofsubdivisions (e) through (h) ofthis sectionorestablishing limits

on operating parameters under this Subpart, the facility must operate under trial burn conditions for a sufficient period to reach steady-state operations. The commissioner may determine, however, that industrial furnaces that recycle collected particulate matter back into the furnace and that comply with an alternative implementation approach for metals under paragraph (g)(6) ofthis section need not reach steady state conditions with respect to the flow ofmetals in the system prior to beginning compliance testing for metals emissions.

(3) Trial burn data on the level ofan operating parameter for which a limit mustbe established in the permit must be obtained during emissions sampling for the pollutant(s) (i.e.• metals, PM, HCI/CI 2, organic compounds) for which the parameter must be established as specified bythis paragraph. (vii) General requirements.

(a) Fugitive emissions. Fugitive emissions must be controlled by:

(1) keeping the combustion zone totally sealed against fugitive emissions; or (2) maintaining the combustion zone pressure lowerthan atmospheric pressure; or (3) an alternate means ofcontrol demonstrated (with the Part 373 permit application) to provide fugitive emissions control equivalent to maintenance of combustion

zone pressure lower than atmospheric pressure. (b) Automatic waste feed cutoff. Aboilerorindustrial furnace must be operated with

a functioning system that automatically cuts offthe hazardous waste feed when operating conditions deviate from those established under this subdivision. The commissioner may limit the numberofcutoffs per an operating period on a case-by-case basis. 

### In addition: (1) the permit limit for (the indicator of) minimum combustion chamber temperature must be maintained while hazardous waste or hazardous waste residues remain in the combustion chamber;

(2) exhaust gases must be ducted to the air pollution control system operated in accordance with the permit requirements while hazardous waste or hazardous waste residues remain in the combustion chamber; and

(3) operating parameters for which pennit limits are established must continue to be monitored during the cutoff, andthehazardous waste feed shall not be restarted until the levels ofthose parameters comply with the permit limits. For parameters that may be monitored on an instantaneous basis. the commissioner will establish a minimum period oftime aftera waste feed cutoffduring which the parametermust not exceed the pennit limit before the hazardous waste feed may be restarted.

1·1·95 (Reissued 7f95) 6521 Conservation

### § 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION

(c) Changes. A boiler orindustrial furnace must cease burning hazardous waste when 

### changes in combustion properties, or feed rates ofthe hazardous waste, other fuels, or industrial furnace feedstocks, or changes in the boiler or industrial furnace design or operating conditions deviate from the limits as specified in the pennit. 

### (viii) Monitoring and Inspections.

(a) 

### The owner or operator must monitor and record the following, at a minimum, while burning hazardous waste: (1) ifspecified by the permit, feed rates and composition ofhazardous waste, other fuels, and industrial furnace feedstocks, and feed rates ofash, metals, and total chloride 

### and chlorine;



### (2) if 

### specified by the pennit, carbon monoxide (CO), hydrocarbons (HC), and oxygen on a continuous basis at a common point in the boiler or industrial furnace downstream ofthe combustion zone and prior to release ofstack gases to the**atmos~** 

### phere in accordance with operating requirements specified in clause (ii)(h) of this paragraph. CO, HC, and oxygen monitors must be 

### installed, operated, and maintained in accordance with methods specified in Appendix 49 ofthis Title; and

(3) upon the request ofthe commissioner, sampling and analysis ofthe hazardous waste (and otherfuels and industrial furnace feedstocks as appropriate), residues, and exhaust emissions must be conducted to verify that the operating requirements established in the permit achieve the applicable standards ofsubdivisions (e) through (h) of this section. (b) 

### All monitors shall record data in units corresponding to the permit limit unless othef\Vise specified in the permit.

(c) 

### The boiler or industrial furnace and associated equipment (pumps, valves, pipes, fuel storage tanks, etc.) must be subjected to thorough visual inspection when it contains hazardous waste, atleastdaily for leaks, spills, fugitive emissions, and signs oftampering. (d) 

### The automatic hazardous waste feed cutoffsystem and associated alarms must be 

### tested at leastonceevery sevendays whenhazardous waste is burned to verify operability, unless the applicant demonstrates to the commissioner that weekly inspections will unduly restrict orupset operations, and that less frequent inspections will be adequate. At

a minimum, operational testing must be conducted atleast once every 30 days.

(e) 

### These monitoring and inspection data must be recorded and the records must be 

### placed in the operating record required by section 373-2.5(c) ofthis Title. (ix) Direct transfer to the burner. If 

### hazardous waste is directly transferred from a transport vehicle to aboilerorindustrial furnace without the use ofastorage unit, the owner and operator must comply with subdivision 0) ofthis section.

(x) 

### Recordkeeping. The owner or operator must keep in the operating record of the facility all information and data required by this subdivision until closure ofthe facility.

(xi) 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 boiler orindustrial furnace. (d) Interim status standards for burners. (1) 

### Purpose, scope, applicability. (i) 

### General.

(a) 

### The purpose ofthis subdivision is to establish minimum national standards for

owners and operators ofexisting boilers and industrial furnaces that bum hazardous waste where such standards define the acceptable management ofhazardous waste dUring the period ofinterim status. The standards ofthis subdivision apply to owners and operators ofexisting facilities until either a Part 373 permitis issued, which includes the standards and requirements of paragraph (c)(4) of this section, or until closure responsibilities identified in this subdivision are fulfilled.

6522 Conservation (Reissued 7195) 1-1-95CHAPTER IV QUALITY SERVICES 

### § 374-1.8

(b) Existing or in existence means a boiler or industrial furnace that, on or before August 21, 1991, is either in operation burning or processing hazardous waste, or for which construction (including the ancillary facilities to 

### burn or to process the hazardous waste) has commenced. A facility has commenced construction if

### the owner Of 

### operator has obtained the Federal, State, and local approvals orpermits necessary to begin physical construction; and either: (1) a continuous onwsite, physical construction program has begun; or 

### (2) the owner oroperator has entered into contractual obligations (which cannot be canceled or modified without substantial loss) for physical construction ofthe facility to be completed within a reasonable time. (c) 

### Ifa boiler or industrial furnace is located at a facility that already has a permit or interim status, then the facility must comply with the applicable regulations dealing with pennit modifications in section 373-1.7 ofthis Title orchanges ininterim status in section 373-1.3(g) ofthis Title. (ii) Exemptions. The requirements ofthis subdivision do not apply to 

### hazardous waste and facilities exempt under paragraph (a)(2), or subdivision (i) 

### ofthis section.

(iii) Prohibition on burning**dioxin~listed** 

### wastes. The following hazardous wastes listed for dioxin and hazardous waste derived from any ofthese wastes may not be burned in a boiler or industrial furnace operating under interim status: F020, F02I, F022, F023, F026, and F027.

(iv) Applicability of Subpart 373-3 of this Title standards. Owners and operators of boilers and industrial furnaces that burn hazardous waste and are operating under interim status are subject to 

### the following provisions of Subpart 373-3 of this Tille, except as provided otherwise by this subdivision: (a) 

### in section 373-3.1 (General), subdivision (b); (b) 

### in section 373-3.2 (General facility standards), subdivisions (b) through (h); (c) 

### in section 373-3.3 (Preparedness and prevention), subdivisions (b) through (g); (d) 

### in section 373-3.4 (Contingency plan and emergency procedures), subdivisions (b) through (g);

(e) 

### in section 373-3.5 (Manifest system, recordkeeping, and reporting), subdivisions (b) through (g), except that subdivisions (b) and (f) 

### do not apply to owners and operators ofon-site facilities that do not receive any hazardous waste from off-site sources;

(j) 

### in section 373-3.7 (Closure and post-closure), subdivisions (b) through (f); (g) 

### in section 373-3.8 (Financial requirements), subdivisions (b). (c), (d), (h) and (i), except that the State and the Federal government are exempt from the requirements of section 373-3.8; and

(h) 

### section**373~3.28** 

### (Air emission standards for equipment leaks), except paragraph (a)(I). 

### (v) Special requirements for furnaces. The following controls apply during interim status to industrial furnaces (e.g., 

### kilns, cupolas) that feed hazardous waste for a purpose other than solely as an ingredient (see clause [b] 

### ofthis subparagraph) at any location other than the hot end where products are normally discharged or where fuels are normally fired: (a) 

### Controls.

(1) 

### the hazardous waste shall be fed at a location where combustion gas temperatures area at least 1800degrees F;

(2) the owner or operator must determine that adequate oxygen is present in combustion gases to combust organic constituents in the waste and retain documentation ofsuch detennination in the facility record;

(3) for cement kiln systems, the hazardous waste shall be fed into the kiln; and

1-1-95 (Reissued 7195) 6523 Conservation

### § 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION



### (4) the hydrocarbon controls of paragraph (e)(3) ofthis section or subparagraph (3)(v) ofthis subdivision apply upon certification ofcompliance underparagraph (3) of this subdivision irrespective ofthe CO level achieved during the compliance test. (b) 

### Burninghazardous waste solely as an ingredient. Ahazardous wasteis burnedfor

a purpose otherthan solely as an ingredient 

### ifit meets either ofthese criteria: (1) 

### the hazardous waste has atotal concentration ofnonmetal compounds listed in Appendix 23 ofthis Title (see Part 371) exceeding 500 ppm by 

### weight, as-fired, and so is considered to be burned for destruction. The concentration ofnonmetal compounds 

### in awaste as-generated may be reduced tothe 500ppm limit by

### bonafide treatmentthat

removes or destroys nonmetal constituents. Blending for dilution to meet the 500 ppm limit is prohibited. Documentation that the waste has not been impermissibly diluted must be 

### retained in the facility record; or

(2) the hazardous waste has a heating value of5,000 Btuflb or more, as-fired, and

so is considered to beburned as fuel. The heating value ofawaste as-generated may be 

### reduced to below the 5,000 Btullb limitbybona fide treatmentthat removes ordestroys organic constituents. Blending to augment the heating value to meet the 5,000 Btullb limit is prohibited. Documentation that the waste has not been impermissibly blended must be retained in the facility record. (vi) Restrictions on burning hazardous waste that is not a fueL Priorto certification of compliance underparagraph (3) ofthis subdivision, owners and operators shall not feed, to a boiler orindustrial furnace, hazardous waste that has a heating value less than 5,000 Btullb, as-generated, (exceptthat the heating value ofa waste as-generated may beincreased above the 5,000 BtuJlb limit by bona fide treatment; however, blending to augment the heating value to meet the 5,000 Btu/lb limit is prohibited. Records must be kept to document that impermissible blending has not occurred), except that: (a) 

### hazardous waste may be burned solely as an ingredient; or (b) 

### hazardous waste may be burned for purposes ofcompliance testing (or testing priorto 

### compliance testing) for atotal period oftime not to exceed 720 hours; or

(c) 

### such waste may be burned ifthe commissioner has documentation to show that, priorto August 21, 1991: (1) 

### the boiler or industrial furnace is operating under the interim status standards for incinerators provided by section 373-3.15 ofthis Title, or the interim status standards for thermal treatment units provided by section 373-3.16 this Title; and

(2) the boiler or industrial furnace met the interim status eligibility requirements under subdivision 373-1.3(c) of this Title for sections 373-3.15 or 373-3.16 ofthis Title; and (3) hazardous wastewith aheating valueless than5,000Btu/lb was burnedpriorto that date; or (d) 

### such wastemaybeburned in ahalogen acid furnace ifthe waste was burned as an excluded ingredientunder section 371.1 (c)(6) ofthis Title priorto February 21, 1991 and documentation is kept on file supporting this claim. (vii) Direct transfer to the burner. If hazardous waste is directly transferred from a transport vehicle to aboiler orindustrial furnace without theuse ofa storage unit, the owner and operatormust comply with subdivision (1) 

### ofthis section. (2) Certification ofprecompliance.

(i) 

### General. The owneroroperatormust have provided complete and accurate**informa~** 

### tion, specified in subparagraph (ii) 

### ofthis paragraph, to the EPA administrator on or before August 21, 1991, and must have established limits for the operating parameters specified in subparagraph (iii) ofthis paragraph. Such information is termed acertification ofprecompHance and constitutes acertification thattheowneroroperatorhas determined that, when the facility is operated within the limits specified in subparagraph (iii) ofthis paragraph, the

owner or operatorbelieves that, using best engineeringjudgment, emissions ofparticulate

6524 Conservation (Reissued 7195) 1-1-95CHAPTER IV QUALITY SERVICES 

### § 374-1.8

matter, metals, and 

### Hel and Cl 2are not likely to exceed the limits provided 

### by subdivisions (f) through (h) of this section. The facility may bum hazardous waste only under the operating conditions that the owner or operator establishes under subparagraph (iii) ofthis paragraph until the owneroroperatorsubmits arevisedcertification ofprecompliance under subparagraph (viii) ofthis paragraph ora certification ofcompliance under paragraph (3) of this subdivision, or until a permit is issued.

(ij) Information required. The following information must be submitted with the certifi

### cation of precompliance to 

### support the detennination that the limits established for the operatingparameters identified in subparagraph (iii) ofthis paragraph are not likely to result in an exceedance ofthe allowable emission rates for particulate matter, metals, and Hel and Cl" (a) General facility information: (l) EPA facility ID number; (2) facility name, contact person, telephone number, and address; (3) description ofboilers and industrial furnaces burning hazardous waste, indud· ing type and capacity ofdevice;

(4) a scaled plot plan showing the entire facility and location of the boilers and industrial furnaces burning hazardous waste; and

(5) a description ofthe airpollution control system on each deviceburning hazard·

ous waste, including the temperature ofthe flue gas at the inlet to the particulate matter control system. (b) Except for facilities complying with the Tier I or adjusted Tier I feed rate screening limits for metals ortotal chlorine and chloride provided by paragraphs (g)(2) or (5) ofthis section, and subparagraph (h)(2)(i) or paragraph (h)(5) ofthis section, respec· tively, the estimated uncontrolled (at the inlet to the air pollution control system) emis· sions ofparticulate matter, each metal controlled by subdivision (g) ofthis section, and hydrogen chloride and chlorine, and the following information to support such determinations: (1) the feed rate Oblhr) of ash, chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium ineach feedstream (hazardous waste, other fuels, industrial furnace feedstocks);

(2) the estimated partitioning factor to the combustion gas for the materials identified in subclause (1) ofthis clause and the basis for the estimate and an estimate ofthe partitioning to HCl and Cl 2 oftotal chloride and chlorine in feed materials_ To estimate the partitioning factor, the owneroroperatormust use eitherbestengineeringjudgment

or the procedures specified in Appendix 49 ofthis Title;

(3) for industrial furnaces that recycle collected particulate matter (PM) back into the furnace and that

### will certify compliance with the metals emissions standards under subclause (3)(iii)(b)(l) of this subdivision, the estimated enrichment factor for each metaL To estimate the enrichment factor, the owner or operator must use either best engineering judgment or the procedures specified in "Alternative Methodology for Implementing Metals Controls" in Appendix 49 ofthis Title;

(4) ifbest engineeringjudgment is used to estimate partitioning factors or**enrich~** mem factors under subclauses (2) or (3) ofthis clause respectively, the basis for the judgment. When best engineering judgment is used to develop or evaluate data or information and make determinations under this subdivision, the determinations must be made by a professional engineerregistered in New York State and a certification of his/herdeterminations in accordance with section 373-1.4(a)(5)(iv) ofthis Title mustbe provided in the certification ofprecompliance. (c) Forfacilitiescomplying withthe TierloradjustedTierI feed rate screening limits for metals or total chlorine and chloride provided by paragraphs (g)(2) or (5) of this section and subparagraph (h)(2)(i) orparagraph (h)(5) ofthis section, the feed rate (lb/hr)

I-I-95 (Reissued 7/95) 6525 Conservation

### § 

## 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION

oftotal chloride and chlorine, antimony, arsenic. barium, beryllium, cadmium, chromium, 

### lead, mercury, silver, and thallium in each feed stream (hazardous waste, other fuels, industrial furnace feedstocks). (d) For facilities complying with the Tier II or Tier III emission limits for metals or 

### He] and Clz 2 (under paragraphs [g][3] or [4] or subparagraph [h][2][ii] or paragraph [h][3] ofthis section), the estimated controlled (outlet ofthe airpollution control system) 

### emissions rates of particulate matter, each metal controlled by 

### subdivision (g) of this section, and He} and CI 2, and the following information to support such determinations: (1) the estimated air pollution control system (APeS) removal efficiency for**par~** 

### ticulate matter, Hel, 

### Cl 2, 

### antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium;

(2) to estimate APCS removal efficiency, the owner or operator must use either best engineeringjudgmentorthe procedures prescribed in Appendix 49 ofthis Title;

(3) ifbest engineeringjudgment is used to estimate APeS removal efficiency, the basis for theJudgment. Use ofbest engineeringjudgment mustbe in conformance with provisions ofsubclause (b)( 

### 4) ofthis subparagraph. (e) 

### Detennination of allowable emissions rates for HCl, CI 2, 

### antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium, and the following information to support such determinations: (1) 

### For all facilities:

(i) 

### physical stack height; (ii) 

### good engineering practice stack height as defined by40 CPR 51.1OOOi); (iii) maximum flue gas flow rale; (iv) 

### maximum flue gas temperature; (v) 

### attach aUS Geological Service topographic map (orequivalent) showing the facility location and surrounding land within five km ofthe facility;

(vi) 

### identify**terrain~type:** 

### complex or noncomplex; and (vii) 

### identify land use: urban orruraL (2) For owners and operators using Tier III site specific dispersion modeling to determine allowable levels underparagraphs (g)(4) or (h)(3) ofthis section, oradjusted TierI feed rate screening limits underparagraphs (g)(5) or (h)(5) ofthis section: (i) 

### dispersion model and version used; (ii) 

### source ofmeteorological data; (iii) 

### the dilution factor in micrograms per cubic meter per gram per second of emissions for the maximum annual average off-site (unless on-site is required) ground level concentration (MEl location); and

(iv) 

### indicate the MEl location on the map reqUired under item (l)(v) 

### ofthis clause; if) 

### Forfacilities complying with theTierII orIII emissions ratecontrols for metals or HCl and CI 2, 

### a comparison ofthe estimated controlled emissions rates determined under clause (d) 

### ofthis subparagraph with the allowableemission rates determinedunderclause (e) 

### ofthis subparagraph.

(g) 

### For facilities complying with the Tier I (or adjusted Tier 1) 

### feed rate screening limits for metals ortotal chloride and chlorine, a comparison ofactual feed rates ofeach metal and total chlorine and chloride determined underclause (c) 

### ofthis subparagraph to theTierI allowable feed rates. (h) 

### Forindustrial furnaces that feed hazardous wastefor any purposeotherthan solely

as an ingredient (as defined by 

### clause [1 

### J[v] 

### [bJ ofthis subdivision) at any iocationother than the product discharge end of the device, documentation of compliance with the requirements ofsubclauses (l 

### )(v)(a)(1), 

### (2) and (3) ofthis subdivision.

6526 Conservation (Reissued 7/95) 1-1-95CHAP1ER IV QUALITY SERVICES 

### § 

### 374-1.8

(i) For industrial furnaces that recycle collected particulate matter (PM) back into the 

### furnace and that will 

### certify compliance with the metals emissions standards under subclause (3)(iii)(b)(1) ofthis subdivision: (1) the applicable particulate matter standard in Ib/hr; and (2) the precompliance limit on the concentration ofeach metal in collected PM. (iii) Limits onoperating conditions. The ownerand operatorshall establish limits on the following parameters consistent with the determinations made under subparagraph (ii) of this paragraph and certify (under provisions of subparagraph 

### fix] of this paragraph) to the commissioner that the facility 

### will operate within the limits during interim status when there is hazardous waste in the unit until revised certification ofprecompliance under**subpara~** graph (viii) of this paragraph or certification of compliance under paragraph (3) of this subdivision: (a) feed rate of total hazardous waste and (unless complying with the Tier I or adjusted Tier I metals feed rate screening limits under paragraphs [g][2] or [5] of this section) pumpable hazardous waste;

(b) feed rate ofeach metal in the following feed streams:

(1) total feed streams, except that industrial furnaces that comply with the alternative metals implementation approach under subparagraph (iv) ofthis paragraph must specify limits on the concentration ofeach metal in collected particulate matter in lieu offeed rate limits for total feedstreams;

(2) total hazardous waste feed, unless complying with the Tier I or adjusted TierI metals feed rate screening limits under paragraphs (g)(2) or (5) ofthis section; and

(3) total pumpable hazardous waste feed, unless complying with the Tier I or adjusted Tier I metals feed rate screening limits under paragraphs (g)(2) or (5) ofthis section; (c) total feed rate ofchlorine and chloride in total feed streams; (d) total feed rate ofash in total feed streams, except that the ash feed rate for cement kilns and light-weight aggregate kilns is not limited; and

(e) maximum production rate of the device in appropriate units when producing normal product, unless complying with the Tier I or adjusted Tier I feed rate screening limits for chlorine under subparagraph (h)(2)(i) or paragraph (h)(5) ofthis section and for all metals under paragraphs (g)(2) or (5) ofthis section, and the uncontrolled particulate emissions do not exceed the standard under subdivision (f) ofthis section. (iv) Operating requirements for furnaces that recycle PM. Owners and operators of furnaces that recycle collected particulate matter (PM) back into the furnace and that will certify compliance with the metals emissions controls under subclause (3)(iii)(b)(1) ofthis subdivision must comply with the special operating requirements provided in "Alternative Methodology for Implementing Metals Controls" in Appendix 49 ofthis Title.

(v) Measurement offeed rates and production rate.

(a) General requirements. Limits on each oftheparameters specified in subparagraph (iii) ofthis paragraph (except for limits on metals concentrations in collected particulate matter [PM] for industrial furnaces that recycle collected PM) shall be established and continuously monitored undereither ofthe following methods: (1) instantaneous limits. A limit for a parameter may 

### be established and continuously monitored and recorded on an instantaneous basis (Le., the value that occurs at any time) not to be exceeded at any time; or

(2) hourly roIling average limits. A limit for a parameter may be established and continuously monitored on an hourly rolling average basis defined as follows: (i) acontinuous monitoris one which continuously samples theregulated**param~** eter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.

1-1-95 (Reissued 7/95) 6527 Conservation

### § 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVAnON

(il) an hourly rolling average is the arithmetic mean ofthe 60 most recent**one~** minute average values recorded by the continuous monitoring system. (b) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic metals (arsenic, beryllium, cadmium, and chromium) and lead may be established eitheron an hourly rolling average basis as prescribed by subclause (a)(2) of this subparagraph or on (up to) a 24-hour rolling average basis. Ifthe owner or operator elects to use an averaging period from two to 24 hours: (1) the feed rate ofeach metal shall be limited at any time to 10times the feed rate that would be allowed on a hourly rolling average basis;

(2) the continuous monitor shall meet the following specifications:

(i) acontinuous monitoris one which continuously sampIes theregulated**param~** eter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.

(ii) the rolling average for the selected averaging period is defined as the arithmetic mean ofone hour block averages for the averaging period. 

### A one hour block average is the arithmetic mean of the one minute averages recorded during the 6O-minute period beginning at one minute after the beginning of preceding clock hour. (c) Feedrate limits for metals, total chloride and chlorine, and ash. Feed ratelimits for metals, total chlorine and chloride, and ash are established and monitored by knowing the concentrationofthe substance (i.e., metals, chloride/chlorine, and ash) ineachfeedstream and the flow rate ofthe feedstream. To monitor the feed rate ofthese substances, the flow rate ofeach feedstream must bemonitored under the continuous monitoring requirements ofclauses (a) and (b) ofthis subparagraph. (vi) Public notice requirements at precompliance. 

### On or before August 

### 21, 199] the

owner oroperator must have submitted a notice with the following infonnation for publication in a major local newspaper ofgeneral circulation and sent a copy of the notice to the appropriateunits ofState and local government. The owner and operatormusthaveprovided to theEPA administrator with the certification ofprecompliance evidence ofsubmitting the notice for publication. The notice, which shall be entitled "'Notice of Certification of Precompliance with Hazardous Waste Burning Requirements of40 CFR 266.103(b)", must have included: (a) name and address ofthe owner and operator ofthe facility as well as the location ofthe deviceburning hazardOUS**waste~** (b) date that the certification ofprecompliance was submitted to theEPA administrator;

(c) brief description of the regulatory process required to comply with the interim status requirements of this subdivision including required emissions testing to demonstrate confonnance with emissions standards for organic compounds, particulate matter, metals, and Hel and C1 2;

(d) types and quantities of hazardous waste burned, including, but not limited to, source, whether solids or liquids, as well as an appropriate description ofthe waste;

(e) type of device(s) in which the hazardous waste is burned, including a physical description and maximum production rate ofeach device;

if) types and quantities ofother fuels and industrial furnace feedstocks fed to each unit;

(g) briefdescription ofthe basis for this certification ofprecompliance as specified in subparagraph Oi) ofthis paragraph;

(h) locations where the record for the facility can be viewed and copied by interested panies. These records and locations shall, at a minimum, include:

6528 Conservation (Reissued 7/95) 1-1-95CHAPTER IV QUALITY SERVICES 

### § 374-1.8

(1) 

### the administrative record kept by 

### the Agency office where the supporting documentation was submittedoranotherlocation designated by theEPA**administrator~** and



### (2) theEPAcorrespondence file kept at the facility site wherethe device is located. The correspondence file must include all correspondence between the facility and the EPA administrator, Stateandlocal regulatory officials, including copies ofall certifica

### tions and notifications, such as the precompliance certification, precompliance public notice, notice of compliance testing, compliance test report, compliance certification, time extension requests and approvals or denials, enforcement notifications of violations, and copies ofEPA and Depanment 

### site visit reports submitted to the owner or operator; (i) 

### notification of the establishment of a facility mailing list, whereby interested parties shall notify the agency that they wish to be placed on the mailing list to receive future information and notices about this facility; and

(;) location (mailing address) ofthe applicable EPA regional office, hazardous waste division, wherefurtherinformation canbeobtainedon EPA regulationofhazardous waste burning. (vii) MonitOring other operating parameters. When the monitoring systems for the operating parameters listed in clauses (3)(i)(e) through (m) 

### ofthis subdivision are installed and operating in conformance with vendor specifications or (for CO, He, 

### and oxygen) specifications provided by Appendix 49 ofthis Title, as appropriate, the parameters shall be continuously monitored and records shall be maintained in the operating record.

(viii) Revised certification ofprecompliance. The owner oroperator may revise, at any time, the information andoperatingconditions documented under subparagraphs (ij) 

### and (iii) ofthis paragraph in the certification ofprecompliance by submitting a revised certification ofprecompliance under procedures provided by those paragraphs. (a) 

### The public notice requirements of subparagraph (vi) of this paragraph do not apply to recertifications.

(b) 

### The owner and operator must operate the facility within the limits established for the operating parameters under subparagraph (iii) ofthis paragraph until arevised certification is submitted underthis subparagraph or a certification ofcompliance is submitted underparagraph (3) ofthis subdivision. (ix) Certification of precompliance statement. The owner or operator must have**in~** 

### cluded the fonowing signed statement with the certification ofprecompliance submitted to 

### the EPA administrator:

"I certify under penalty of law that this information was prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supponing documentation. Copies of all emissions tests, dispersion modeling results and other information used to determine confonnance with the**require~** mems ofsection 266.l03(b) are available at the facility and can be obtained from the facility contactperson listed above. Based on my inquiry ofthe person

or persons who manages the facility, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility offine and imprisonment for knowing violations.
I also acknowledge that the operating limits established in this certification pursuant to section 266.l03(b)(3) and (4) are enforceable limits at which the facility can legally operate during interim status until: (I) A revised certification ofprecompliance is submitted, (2) a certification ofcompliance is submitted, or(3) an operating pennit is issued."

Oct-Dec 1995 6529 Conservation

## §374-1.8 TITI..E 6 ENVIRONMENTAL CONSERVATION

(3) Certification ofcompliance. The owner or operator shall conduct emissions testing to document compliance with the emissions standards of paragraphs (e)(2) through (5) and subdivisions (f), (g) and (h) ofthis section and subclause (l)(v)(a)( 4) ofthis subdivision, under the procedures prescribed by this paragraph, except under extensions of time provided by subparagraph (vii) ofthis paragraph. Based on the compliance test, the owneror operator shall have submitted to theEPA administratoron orbeforeAugust 21, 1992 acomplete and accurate certification ofcompliance (under 40 CFR Part 266.103[cJ [4]) with those emission standards establishing limits on the operating parameters specifiedin subparagraph (i) ofthis paragraph. (i) Limits on operating conditions. The owner or operator shall establish limits on the following parameters based on operations during the compliance test (under procedures prescribed in clause [iv] [d) ofthis paragraph) or as otherwise specified and include these limits with the certification ofcompliance. The boilerorindustrial furnace must beoperated in accordance with these operating limits and the applicable emissions standards of paragraphs (e)(2) through (5) and subdivisions (f), (g) and (h) ofthis section and subclause (1 )(v)(a)(4) ofthis subdivision at all times when there is hazardous waste in the unit. (a) Feed rate of total hazardous waste and (unless complying with the Tier I or adjusted Tier I metals feed rate screening limits under paragraphs[g][2] or [5) of this section), pumpable hazardous waste.

(b) Feed rate ofeach metal in the following feedstreams:

(1) total feedstreams, except that:

(i) facilities that comply with Tier I oradjusted TierI metals feed rate screening limits may set their operating limits at the metals feed rate screening limits determined underparagraphs (g)(2) or (5) ofthis section; and

(ii) industrial furnaces that must comply with the alternative metals implementation approach under clause (iii) (b) of this paragraph must specify limits on the concentration of each metal in the collected particulate matter in lieu offeed rate limits for total feedstreams; (2) total hazardous waste feed (unless complying with the Tier lor adjusted Tier I metals feed rate screening limits under paragraphs [g] [2] or [5] ofthis section); and

(3) total pumpable hazardous waste feed (unless complying with the Tier I or adjusted Tier I metals feed rate screening limits under paragraphs [g][2] or [5] ofthis section); (c) total feed rate ofchlorine and chloride in total feed streams, except that facilities that comply withTierI oradjustedTierI feed rate screeninglimits may settheiroperating limits at the total chlorine and chloride feed rate screening limits determined under subparagraph (h)(2)(i) or paragraph (h)(5) ofthis section;

(d) total feed rate ofash in total feed streams, except that the ash feed rate for cement kilns and light-weight aggregate kilns is not limited; (e) carbon monoxide concentration, and where required, hydrocarbon concentration in stackgas. When complying with the CO controls ofparagraph (e)(2) ofthis section, the CO limit is 100 ppmv, and when complying with the HC controls ofparagraph (e)(3) of this section, the 

## He limitis 20ppmv. When complying with the CO controls ofparagraph (e)(3) ofthis section, the CO limit is established based on the compliance test;

(f) maximum production rate of the device in appropriate units when producing normal product, (unless complying with the Tier I or adjusted Tier I feed rate screening limits for chlorineunder subparagraph [hJ[2] [i] orparagraph [h](5) ofthis section and for all metals under paragraphs [g][2] or [5] ofthis section, and the uncontrolled particulate emissions do not exceed the standard under subdivision [fj ofthis section);

(g) maximum combustion chamber temperature where the temperature measurement is as close to the combustion zone as possible and is upstream of any quench water injection (unless complying with the Tier I or adjusted Tier I metals feed rate screening limits under paragraphs [g][2) or [5] ofthis section);

6530 Conservation**Oct~Dec** 1995CHAPTER IV QUALITY SERVICES 

### § 374-1.8

(h) maximum flue gas temperature entering aparticulatemattercontrol device (unless complying withTierI oradjustedTierI metals feed rate screening limits underparagraphs 

### [g][2] or 

### [5] of

### this section and the total chlorine and chloride feed rate screening limits under paragraphs [h][2] or [5J ofthis section);

(i) for systems using wet scrubbers, including wet ionizing scrubbers (unless complying 

### with TierI or adjustedTier I metals feed rate screening limits underparagraphs [g][2J

or [5] ofthis section and the total chlorine and chloride feed rate screening limits under subparagraph [h][2][i] or paragraph [h][5J ofthis section): (1) minimum liquid to flue gas ration; 

### (2) minimum 

### scrubberblowdown from the system or maximum suspended solids
content ofscrubber water; and



### (3) minimum pH level ofthe scrubberwater; 

## Vi for systems using venturi scrubbers, the minimum differential gas pressure across the venturi (unless complying with the Tier Ioradjusted TierI metals feed rate screening limits underparagraphs [g][2] or [5] ofthis section and thetotal chlorineand chloride feed rate screeninglimits undersubparagraph [h][2J[i] orparagraph [h][5] ofthis section);

(k) 

### for systems using dry scrubbers (unless complying with the Tier IoradjustedTier I metals feed rate screening limits under paragraphs [g][2] or [5] ofthis section and the total chlorine and chloride feed rate screening limits under subparagraph [h][2][i] or paragraph [h][5] ofthis section): (1) 

### minimum caustic feed rate: and (2) maximum flue gas flow rate; (1) 

### for systems using wet ionizing scrubbers or electrostatic precipitators (unless complying with the Tier I or adjusted Tier I metals feed rate screening limits under paragraphs [gJ[2] or [5] of this section and the total chlorine and chloride feed rate screening limits underSUbparagraph [h][2J[i] orparagraph [h]f5] ofthis section): (1) 

### minimum electrical powerin kilovolt amperes (kVA) to the precipitatorplates; and



### (2) maximum flue gas flow rate; (m) 

### for systems using fabric filters (baghouses), the minimum pressure drop (unless complying with the Tier I or adjusted Tier I metal feed rate screening limits under paragraphs [gU2] or [5] of this section and the total chlorine and chloride feed rate screening limits under subparagraph [h][2][i] orparagraph [hU5] ofthis section). (ii) 

### Prior notice ofcompliance testing. At least 30 days prior to the compliance testing required by subparagraph (iii) of this paragraph, the owner or operator shall notify the commissioner and submit the following information: (a) 

### general facility information including:

(1) EPA facility ID number; 

### (2) facility name, contactperson, telephone number, and address; (3) person responsible for conducting compliance test, including company name, address, and telephone number, and a statement ofqualifications;

(4) planned date ofthe compliance test; (b) 

### specific information on each device to be tested including:

(1) 

### description ofboilerorindustrial furnace; (2) a scaled plot plan showing the entire facility and location of the boiler or industrial furnace;

(3) adescription ofthe air pollution control system; (4) identification ofthecontinuous emission monitors that areinstalled, including:

(i) 

### carbon monoxide monitor;

1-1-95 (Reissued 7/95) 653t Conservation

### § 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION

(if) oxygen monitor; (iil) hydrocarbon monitor, specifying the minimum temperature of the system and, 

### ifthe temperature is less than 150" C, an explanation ofwhy a heated system is 

### not used (see subparagraph [vJ of this paragraph) and a brief descriptlon of the sample gas conditioning system; 

### (5) indication of whether the stack is shared with another device that \.\'ill be in operation during the compliance test;

(6) otherinfonnation useful to an understanding ofthe system deSign or operation; (c) 

### infonnation on the testing planned, including acomplete copy ofthe lest 

### protocol and quality assurance/quality control 

### (QAlQC) plan, and a summary dcscnptlOn for each 

### test providing the following information, at a minimum: (1) 

### purpose ofthe test (e.g., 

### demonstrate compliance with emissions ofparticulate matter); and

(2) planned operating conditions, including levels for each pertinent parameter specified in subparagraph (i) ofthis paragraph. (iii) Compliance testing.

(a) 

### General. Compliance testing must be conducted under conditions for which the

owner or operatorhas submitted a certification ofprecompliance under paragraph (2) of this subdivision and under conditions established in thenotification ofcompliance testing required by subparagraph (ii) ofthis paragraph. The owner or operatormay seek approval

on a case-by-case basis to use compliance test data from one unit in lieu of testing a similaronsite unit. To support the request, the owneroroperatormust provide a comparison ofthe hazardous waste burned and otherfeedstreams, and the design, operation, and maintenance ofboth thetested unit and the similarunit. The commissioner shall provide a written approval to use compliance test data in heu of testing a similar unit if the commissioner finds that the hazardous wastes, the devices, and the operating conditions

are sufficiently similar, and the data from the othercompliancetestis adequate to meetthe requirements ofthis paragraph.

(b) 

### Special requirements for industrial furnaces that recycle collected PM. Owners and operators ofindustrial furnaces that recycle back into the furnace particulate matter (PM) from the air pollution control system must comply with one of the follOWing procedures for testing to determine compliance with the metals standards ofparagraphs (g)(3) or (4) ofthis section: (1) 

### the special testing requirements prescribed in "Alternative Method for Implementing Metals Controls" in Appendix 49 ofthis Title; or

(2) stack emissions testing for a minimum ofsix hours each day while hazardous waste is burned during interim status. The testing must be conducted when burning nonnal hazardous waste for that day at normal feed rates for that day and when the air pOllution control system is operated under nonnal conditions. During interim status, hazardous waste analysis for metals contentmust be 

### sufficientfor the owneroroperator to determine ifchanges in metals content may affect the ability ofthe facility to meet the metals emissions standards established under paragraphs (g)(3) or (4) of this section. Under this option, operating limits (under subparagraph [iJ ofthis paragraph) must be established during compliance testing under this subparagraph only on the following parameters: (i) 

### feed rate oftotal hazardous waste; (ii) 

### total feed rate ofchlorine and chloride in total feed streams; (iii) 

### tota] feed rate ofash in total field streams, except that the ash feed rate for cementkilns and lightweight aggregatekilns is not limited.

(iv) 

### carbon monoxide concentration, and where required, hydrocarbon concentration in stack gas;

6532 Conservation (Reissued 7/95) 1-1-95CHAPTER IV QUALITY SERVICES 

### § 374-1.8

(v) maximum production rate ofthe device in appropriate units when producing nonnal product; or 

### (3) conduct compliance testing to detennine compliance with the metals standards to establish limits on the operating parameters of subparagraph (i) of this paragraph only after the kiln system has been conditioned to enable it to reach equilibrium with 

### respect to 

### metals fed 

### into the system and metals emissions. During conditioning, hazardous waste and raw materials having the same metals contentas 

### will be fed during the compliance tcst must be fed at the feed rates that 

### will be fed during the compliance test (c) Conduct ofcompliance testing.

(1) 

### If compliance with all applicable emissions standards of subdivisions (e) through (h) ofthis section is not demonstrated simultaneously during a set oftest runs, the operating conditions of additional test runs required to 

### demonstrate compliance with remaining emissions standards must be as close as possible to the original operating conditions.

(2) Prior to obtaining test data for purposes ofdemonstrating compliance with the applicable emissions standards ofsubdivisions (e) through (h) ofthis section or establishing limits on operating parameters under this subdivision, the facility must operate undercompliancetestconditionsfor asufficientperiod toreach steady-stateoperations. Industrial furnaces that recycle collected particulate matter back into the furnace and thatcomplywith subclauses (b)(1)

### or(2) ofthis subparagraph, however, need notreach steady state conditions with respect to the flow of metals in the system prior to 

### beginning compliance testing for metals.

(3) Compliance test data on the level ofan operating parameter, for which a limit must be 

### established in the certification ofcompliance, must be obtained during emissions sampling for the pollutant(s) (i.e., 

### metals, PM, HClfCl z,organic compounds) for which the parameter must be established as specified by subparagraph (i) 

### of this paragraph. (iv) Certification ofcompliance. Within 90 days ofcompleting compliance testing, the

owneroroperatormustcertify to thecommissionercompliance with theemissions standards ofparagraphs (e)(2), (3) and (5) and subdivisions (t), 

### (g) and (h) ofthis section and subclause (l)(v)(a){4) 

### ofthis subdivision. The certification ofcompliance must include the following information: (a) 

### General facility and testing information including:

(/) EPA facility ID number; (2) facility name, contact person, telephone number, and address; (3) person responsible for conducting compliance testing, including company name, address, and telephone number, and a statement ofqualifications;

(4) date(s) ofeach compliance test; (5) description ofboilerorindustrial furnace tested; (6) 

### person responsible for quality assurance/quality control (QAJQC), 

### title, and telephonenumber, and statementthat proceduresprescribed inthe QAJQC

### plan submitted under section 374-1.8(d)(3)(ii) (c) 

### of this Subpart have been followed. or a description ofany changes and an explanation ofwhy changes were necessary;

(7) 

### description ofany changes in the unit configuration prior to or dUring testing that would alter any of the information submitted in the prior notice of compliance testing under subparagraph (ii) of this paragraph, and an explanation of why the changes were necessary;

(8) deSCription ofany changes in the planned test conditions priorto or during the testing that alter any of the information submitted in the prior notice ofcompliance testing under subparagraph (ii) 

### of this paragraph, and an explanation of why the changes were necessary; and

1-1-95 (Reissued 7/95) 6533 Conservation

### § 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION



### (9) the complete report on results ofemissions testing. (b) 

### Specific information on each test, including:

(1) 

### purpose(s) oftest (e.g., 

### demonstrate conformance with the emissions limits for particulate matter, metals, 

### Hel, ell, 

### and CO);

(2) summary oftest results for each run and for each test including the following information: (i) 

### date ofrun; (it) 

### duration ofrun; (iii) 

### time-weighted average and highest hourly rolling average CO level for each

run and for the test;

(iv) 

### highest hourly rolling average 

## He level, 

### if

## He monitoring is required for each run and for the test;

(v) 

### ifdioxin and furan testing is required under paragraph (e)(5) ofthis section, time-weighted average emissions for each run and for the test ofchlorinated dioxin and furan emissions, and the predicted maximum annual average ground level concentration ofthe toxiCity equivalency factor;

(vi) 

### time-weighted average particulate matter emissions for each run and for the test;

(viz) 

### time-weighted average HCI andCI 2

### emissions foreach run andforthetest; (viii) 

### time-weightedaverage emissions forthe metals subjectto 

### regulation under subdivision (g) ofthis section for each run and for the test; and

(ix) 

### QAlQC results. (c) Comparison of the actual emissions during each test with the emissions limits prescribed by paragraphs (e)(2), (3) and (5) and subdivisions (f), 

### (g) and (h) ofthis section and established for thefacility in the certificationofprecomplianceunderparagraph (2) of this subdivision. (d) 

### Determinationofoperatinglimits basedon all validruns ofthecompliancetest for each applicable parameter listed in subparagraph (i) ofthis paragraph using either ofthe following procedures: (1) 

### Instantaneous limits. A parametermay be measured and recorded on an instantaneous basis (i.e., 

### the value thatoccurs at any time) and the operatinglimitspecified as the time-weighted average during all runs ofthe compliance test; or

(2) hourly rolling average basis.

(i) 

### The limit for a parameter may be established and continuously monitored on

an hourly rolling average basis defined as follows: (A) 

### A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.

(B) 

### An hourly rolling average is the arithmetic mean ofthe 60 most recent one-minute average values recorded by the continuous monitoring system. (il) 

### The operating limit for the parameter shall be established based on compliance test data as the average over all test runs ofthe highest hourly rolling average value for each run. (3) Rolling average limits forcarcinogenic metals and lead. Feed rate limits for the carcinogenic metals (i.e., 

### arsenic, berylllum, cadmium andchromium) andleadmay be established either on an hourly rolling average basis as prescribed by subclause (2) of this clause oron (up to) a 24-hourrolling average basis. Ifthe owner oroperator elects to use an averaging period from two to 24 hours:

6534 Conservation (Reissued 7195) }-}-95CHAPTER IV QUALITY SERVICES 

### § 374-1.8

(i) the feed rate ofeach metal shall be limited at any time to 10 times the feed ratc that wouldbe allowed on ahourly rolling average basis; (ii) the continuous monitor shall meet the following specifications:

(A) A 

### continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds;

(B) The rolling average for the selected averaging period is defined as arithmetic mean ofonehourblockaverages for the averaging period. A onc hourblock average is the arithmetic mean of the one minute averages recorded during the 6O-minute period beginning at onc minute after the beginning ofpreceding clock hour; and (iii) the operating limitfor the feed rate ofeach metal shall be establishedbased

on compliance test data as the average over all testruns ofthe highest hourlyrolling average feed rate for each run. (4) Feedrate limits for metals, total chloride and chlorine, and ash. Feedrate limits for metals, total chlorine and chloride, and ash are established and monitored by knowing the concentration ofthe substance (i.e., metals, chloride/chlorine, and ash) in each feedstream and the flow rate ofthe feedstrearn. To monitor the feed rate ofthese substances, the flow rate ofeach feedstream must be monitored under the continuous monitoring requirements ofsubclauses (1) through (3) ofthis clause. (e) Certification ofcompliance statement. The following statement shall accompany the certification ofcompliance:

"I certify under penalty oflaw that this infonnation was prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation. Copies of all emissions tests, dispersion modeling results and otherinfonnation used to detennine conformance with the requirements of6I\"'YCRR section 374-1.8(d)(3) areavailableat thefacility andcanbe obtained from the facility contactperson listed above. Based on my inquiry of the person or persons who manages the facility, or those persons directly responsible for gathering the information. the infonnation submitted is, to the best ofmy knowledge and belief. true, accurate, and complete. I am aware that there are significant penalties for submitting false infonnation, including the possibility offine and Imprisonment for knowing violations.

I also acknowledgethatthe operatingconditionsestablishedin this certification pursuant to 6 NYCRR section 374 L8(d)(3)(iv)(d) are enforceable limits at which the facility can legally operate during interim status until a revised certification ofcompliance is submitted." (v) Special requirements for HC monitoring systems. When an owner or operator is required to comply with the hydrocarbon (He) controls provided by paragraph (e)(3) ofthis section or subclause (l)(v)(a)(4) ofthis subdivision, a conditioned gas monitoring system may be used in conformance with specifications provided in Appendix 49 of this Title provided that the owner or operator submits a certification of compliance without using extensions oftime provided by subparagraph (vii) ofthis paragraph.

(vi) Special operating requirements for industrial furnaces that recycle collected PM. Owners and operators ofindustrial furnaces that recycle back into the furnace particulate matter (PM) from the airpollution control system must: (a) when complying with the requirements ofsubclause (iii)(b)(1) ofthis paragraph, comply with the operating requirements prescribed in "Alternative Method to Implement the Metals Controls" in Appendix 49 ofthis Title; and

10-31-98 6535 Conservation

### § 

### 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION

(b) when complying with the requirements ofsuhclause (iii)(b)(2) ofthis paragraph, comply with the operating requirements prescribed by that subclause. 

### (vii) Extensions oftime.

(a) Ifthe owner or operatordid not submit acomplete certification ofcompliance to the EPA administrator for all of the applicable emissions standards of subdivisions (e) through (h) hy August 21,1992, helshe musteither: (1) stop burning hazardous waste andbeginclosure activities underparagraph (12) ofthis subdivision for the hazardous waste ponion ofthe facility; or



### (2) limit 

### hazardous waste burning only for purposes of compliance testing (and pretesting to prepareforcompliancetesting) atotal periodof720hours fortheperiodof 

### time beginning August 21, 1992, submit a notification to the EPA administrator by August 21, 1992 stating thatthe facility is operating underrestricted interim status and intends to resume burning hazardous waste, and submit a complete certification of compliancehy August 23,1993; or

(3) obtain a case-by-case extension oftime under clause (b) oftbis subparagraph. (b) The owneroroperatormayrequestacase-by-caseextensionoftime to extendany time limit provided by paragraph (3) ofthis subdivision ifcompliance with the time limit is notpracticable for reasons beyond the control ofthe owneroroperator. (1) In granting an extension, the commissioner may apply conditions as the facts warrant to ensure timely compliance with the requirements ofthis subdivision and that the facility operates in a manner that does not pose a hazard to human health and the environment.

(2) When an owner or operatorrequests an extension oftime to enable the facility to comply with the alternative hydrocarbon provisions of paragraph (e)(6) of this section and obtain a Part 373 operating permitbecause the facility cannot meetthe HC limit ofparagraph (e)(3) ofthis section: (i) the commissioner shall, in considering whether to grantthe extension:

(A) detennine whether the owner and operator have submitted in a timely

manner a completePart 373 pennit application that includes information required under section 373-1.5(i)(2) ofthis Title; and (B) consider whetherthe owner and operatorhave made a good faith effortto certify compliance with all other emission controls, including the controls on dioxins and furans of paragraph (e)(5) ofthis section and the controls on PM, metals, andHClICI2. (ii) 

### If an extension is granted, the commissioner shall, as a condition of the extension, require the facility to operate under flue gas concentration limits on CO and He that, based on available information, including information in the Part 373 permit application, are baseline CO and HC levels as defined by subparagraph (e)(6)(i) ofthis section. (3) The commissioner will not grant an extension which wouldresult inregulatory controls less stringent than those in the RCRA-delegated program. (viii) Revised certification of compliance. The owner or operator may submit at any time a revised certification ofcompliance (recertification ofcompliance) under the**follow~** ing procedures:



### 6536 Conservation 10-31-98CHAPTER IV QUALITY SERVICES 

### §374-1.8

(a) prior to submittal ofa revised certification ofcompliance, hazardous waste may not be burned for more than a total of720 hours under operating conditions that exceed those established under a current certification of compliance, and such burning may be 

### conducted only for purposes ofdetermining whetherthe facility can operateunderrevised conditions and continue to meet the applicable emissions standards of subdivisions (e) through (h) ofthis section; (b) 

### at least 30 days prior to first burning hazardous waste under operating conditions that exceed those established under a current certification of compliance, the owner or operator shall notify the commissioner and submit the following infonnation: (1) EPA facility ID number, and facility name, contact person, telephone number, and address;

(2) operating conditions that the owner or operator is seeking to revise, and a description ofthe changes in facility design oroperation that prompted the need to seek to revise the operating conditions;

(3) adetennination that when operatingundertherevised operating conditions, the applicable emissions standards of subdivisions (e) through (h) ofthis section are not likely to be exceeded. To document this detennination, the owner or operator shall submit the applicable information required under subparagraph (2)Oi) ofthis subdivision; and

(4) complete emissions testing protocol for any pretesting and for a new compliance test to detennine compliance with the applicable emissions standards ofsubdivisions (e) through (h) ofthis section when operating underrevised operating conditions. The protocol shall include a schedule of pre-testing and compliance testing. If the

owner and operator revises the scheduled date for the compliance test, he/she shall notify the commissioner, in writing, at least 30 days prior to the revised date of the compliance test; (c) conduct a compliance test under the revised operating conditions and the protocol submitted to the commissioner to detennine compliance with the applicable emissions standards ofsubdivisions (e) through (h) ofthis section; and

(d) submit a revised certification of compliance under subparagraph (iv) of this paragraph. (4) Periodic recertifications. The owner or operator must conduct compliance testing and submit to the commissioner a recertification ofcompliance under provisions ofparagraph (3) ofthis subdivision within three years from submitting the previous certification or recertification. Ifthe owneroroperatorseeks to recertify complianceundernew operating conditions, 

### hel she must comply with the requirements ofsubparagraph (3)(viii) ofthis subdivision.

(5) Noncompliance with certification schedule. Ifthe owner or operator does not comply with the interim status compliance schedule provided by paragraphs (2)-(4) ofthis subdivision, hazardous waste burning must terminate on the date that the deadline is missed, closure activities must begin under paragraph (12) ofthis subdivision, and hazardous waste burning may not resume except under an operating permit issued under section 373-1.9(d) ofthis Title. For purposes ofcompliance with the closure provisions ofparagraph (12) ofthis subdivision and section 373·3.7(c)(4)(1i) and (d) ofthis Title the boiler or industrial furnace has received the known final volume ofhazardous waste on the date that the deadline is missed.

(6)**Start~up** and shut-down. Hazardous waste (except waste fed solely as an ingredient underthe Tier I [or adjustedTier I] feed rate screening limits for metals and chloride/chlorine) must notbe fed into the device dUring start-up and shut-down oftheboilerorindustrial furnace, unless the device is operating within the conditions ofoperation specifiedin the certification of compliance.

(7) Automatic waste feed cutoff. During the compliance test required by subparagraph (3)(iii) of this subdivision, and upon certification of compliance under paragraph (3) ofthis subdivision, a boiler or industrial furnace must be operated with a functioning system that automatically cuts off the hazardous waste feed when the applicable operating conditions

1-1-95 (Reissued 7/95) 6537 Conservation

### § 

## 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATJON



### specified in clauses (3)(i) (aJ 

### and (e) 

### through (m) 

### of this subdivision deviate from those established in the certification ofcompliance. In addition: (i) to 

### minimize emissions of organic compounds, the minimum combustion chamber temperature (or the indicator ofcombustion chambertemperature) that occurred during the 

### compliance test must be maintained while hazardous waste or hazardous waste residues remain in the combustion chamber, with the minimum temperature during the compliance test defined as either: (a) if 

### compliance with the combustion chamber temperature limit is based on an hourly rolling average, the minimum temperature during the compliance testis considered to be the average over all runs ofthe lowest hourly rolling average for each run; or

(b) if compliance with the combustion chamber temperature limit is based on an instantaneous temperature measurement, the minimum temperature during the compliance test is considered to be the time-weighted average temperature during all runs ofthe test; and Oi) operating parameters limited by the certification ofcompliance must continue to be monitored during the cutoff, and the hazardous waste feed shall not be restarted until the levels ofthose parameters comply with the limits established in the certification ofcompliance. (8) Fugitive emissions. Fugitive emissions must 

### be controlledby:

(i) keeping the combustion zone totally sealed against fugitive emissions; or Oi) maintaining the combustion zone pressure lowerthan atmospheric pressure; or (iii) an alternate means ofcontrol that the owner or operator can demonstrate provides fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure. Supportfor such demonstration shall beincluded in the operating record. (9) Changes. A boiler or industrial furnace must cease burning hazardous waste when changes in combustion properties, orfeed rates ofthe hazardous waste, otherfuels, orindustrial furnace feedstocks, orchanges in theboilerorindustrial furnace design oroperating conditions deviate from the limits specified in the certification ofcompliance. (0) Monitoring and inspections.

0) The owner or operator must monitor and record the following, at a minimum, while burning hazardous waste: (a) feed rates and composition ofhazardous waste, other fuels, and industrial furnace feed stocks, and feed rates ofash, metals, and total chloride and chlorine 

### as necessary to

ensure conformance with the certification of precompliance or certification of compliance;

(b) carbon monoxide (CO), oxygen, and if applicable, hydrocarbons (He), on a continuous basis at a common point in the boiler or industrial furnace downstream ofthe combustion zone and prior to release ofstack gases to the atmosphere in accordance with the operating limits specified in the certification of compliance. CO, HC, and oxygen monitors must be installed, operated, and maintained in accordance with methods specified in Appendix 49 ofthis Title; (e) upon the request of the commissioner, sampling and analysis of the hazardous waste (and otherfuels and industrial furnace feed stocks as appropriate) and the stack gas emissions must be conducted to verify that the operating conditions established in the certification ofprecompliance or certification ofcompliance achieve the applicable standards ofsubdivisions (e) through (h) ofthis section. Oi) Theboilerorindustrial furnace and associatedequipment (pumps, valves, pipes, fuel storage tanks, etc.) must be subjected to thorough visual inspection when they contain hazardous waste, at least daily for leaks, spills, fugitive emissions, and signs oftampering.

6538 Conservation (Reissued 7/95) 1-1-95CHAPTER IV QUALITY SERVICES 

### § 374-1.8

(iii) The automatic hazardous waste feed cutoffsystem and associated alarms must be tested at least once every seven days when hazardous waste is burned to verify operability, unless the owneror operatorcan demonstrate that weekly inspections will unduly restrict or 

### upset operations and that less frequent inspections will 

### be adequate. Support for such demonstration shall be included in the operating record. At a minimum, operational testing must be conducted at least once every 30 days.



### (iv) These monitoring and inspection data must be recorded and the records must be placed in the operating log. 

### (11) Recordkeeping. The owner or operator must keep in the operating record of the facility all infonnation and data required by this subdivision until closure of the boiler or industrial furnace unit

(12) 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 boilerorindustrial furnace and must comply with section 373-3.7(b) through (I) ofthis Title. (e) 

### Standards to control organic emissions. (1) DRE standard. (1) General. Except as provided in subparagraph (iii) of this paragraph, a boiler or industrial furnace burning hazardous waste must achieve a destruction and removal efficiency (DRE) of99.99 percent for all organic hazardous constituents in the waste feed. To demonstrate conformance with this requirement, 99.99 percent DRE must be demonstrated during a trial bum for each principal organic hazardous constituent (POHC) designated (under subparagraph [ii] of this paragraph) in its permit for each waste feed. DRE is determined for each POHC from the following equation:

DRE=O- (WoutlWin» x 100
where:

Win = Mass feed rale ofone principal organic hazardous constituent (POHC) in the hazardous waste fired to the boiler or industrial furnace; and Wout

## =Mass emission rate ofthe same POHC presentin stack gas priorto release to the atmosphere.

(ii) Designation ofPOHCs. Principal organic hazardous constituents (POHCs) are those compounds for which compliance with the DRF requirements of this subdivision shall be demonstrated in atrial bum inconformancewithprocedures prescribedin section 373-1.9(d) of this Title. One or more POHCs shall be designated by the commissioner for each waste feed to beburned. POHCs shall be designatedbased on the degree ofdifficulty ofdestruction ofthe organic constituents in the waste and on theirconcentrations ormass in the waste feed considering the results of waste analyses submitted with the Part 373 permit application. POHCs are mostlikely to be selected from among those compounds listed in Appendix 23 of this Title (see Part 371 ofthis Title) that are also present in the normal waste feed. However, ifthe applicantdemonstrates to the commissioner's satisfaction that acompound not listedin Appendix 23 ofthis Title or not present in the normal waste feed is a suitable indicator of compliance with the DRE requirements ofthis subdivision, that compound may be designated as a POHC. Such POHCs need not be toxic ororganic compounds.

(iii) Dioxin-listed waste. A boiler or industrial furnace burning hazardous waste containing (orderived from) EPA hazardous wastes numbers F020, F02l, F022, F023, F026, or F027 must achieve a destruction and removal efficiency (DRE) of99.9999 percent for each POHC designated (under subparagraph [ii] ofthis paragraph) inits permit. This performance must be demonstrated on POHCs that are more difficult to burn than tetra-, penta-, and**hexachlorodibenzo~p-dioxins** and dibenzofurans. DRE is determined for each POHC from the equationin subparagraph (1) ofthis paragraph. In addition, the owner or operator ofthe boiler or industrial furnace must notify the commissioner ofintent to bum EPA hazardous waste numbers F020, F021, F022, F023
, F026, or F02?

(1v) Automatic waiver of DRE trial bum. Owners and operators of boilers operated under the special operating requirements provided by subdivision (k) of this section are

1·1·95 (Reissued 7/95) 6539 Conservation

### § 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION

considered to be in compliance with the DRE standard ofsubparagraph (1) ofthis paragraph and are exempt from the DRE trial burn.



### (v) Low risk waste. Owners and operators ofboilers or industrial furnaces that burn hazardous waste in compliance with the requirements ofparagraph (j)(l) ofthis section are considered to be in compliance with the DRE standard ofsubparagraph (i) ofthis paragraph and are exempt from the DRE trial burn. 

### (2) Carbon monoxide standard.

(i) 

### Except as provided in paragraph (3) ofthis subdivision, the stack gas concentration ofcarbon monoxide (CO) from aboilerorindustrial furnace burning hazardous waste cannot 

### exceed 100 ppmv on an hourly rolling average basis (i.e., 

### over any 60 minute period), 

### continuously corrected to seven percent oxygen, dry gas basis.

(ii) CO andoxygen shall be continuously monitored in conformance with "Performance Specifications for Continuous Emission Monitoring ofCarbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial Furnaces Burning HazardousWaste" in Appendix 49 of this Title.

(iii) Compliancewiththe 100ppmvCOlimit mustbe demonstrated during thetrial 

### bum (for new facilities or an interim status facility applying for apermit) or the compliance test (for interim status facilities). To demonstrate compliance, the highest hourly rolling average COlevel during any valid run ofthe trialbumorcompliancetest must not exceed 100ppmv. (3) Alternative carbon monoxide standard.

(i) The stack gas concentration ofcarbon monoxide (CO) from a boiler or industrial furnace burning hazardous waste may exceed the 100 pprnv limit provided that stack gas concentrations of hydrocarbons (HC) do not exceed 20 ppmv, except as provided by paragraph (6) ofthis subdivision for certain industrial furnaces.

(ii) HC limits must be established under this subdivision on an hourly rolling average basis (i.e., 

### over any 60 minute period), reported as propane, and continuously corrected to



### seven percent oxygen, dry gas basis.

(iii) HC shall be continuously monitored in conformance with "Performance Specifications for Continuous Emission Monitoring ofHydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning HazardousWaste" in Appendix49 ofthis Title. CO and oxygen shall be continuously monitored in conformance with subparagraph (2)(ii) ofthis subdivision.

(iv) The alternative CO standard is established based on CO data during the trial burn (foranewfacility) and thecompliancetest (foran interim statusfacility). ThealternativeCO standard is the average over all valid runs ofthe highest hourly average CO level for each

run. The CO limit is implemented on an hourly rolling average basis, and continuously corrected to seven percent oxygen, dry gas basis. (4) Special requirements for furnaces. Owners and operators ofindustrial furnaces (e.g., 

### kilns, cupolas) that feed hazardous waste for a purpose other than solely as an ingredient (see clause [d][l][v] [b) 

### ofthis section) at any location other than the end where products are normally discharged and where fuels are normally fired must comply with the hydrocarbon limits provided by paragraphs (3) or (6) ofthis subdivision, irrespective ofwhether stack gas CO concentrations meet the 100ppmv limit ofparagraph (2) ofthis subdivision.

(5) Controls for dioxins and furans. Owners and operators ofboilers and industrial furnaces that are equipped with a dry particulate matter control device that operates within the temperature range of 450-750" F, and industrial furnaces operating under an alternative hydrocarbon limit established under paragraph (6) of this subdivision must conduct a sitespecific risk assessment as follows to demonstrate that emissions ofchlorinated dibenzo-pdioxins and dibenzofurans do not result in an increased lifetime cancerrisk to the hypothetical maximum exposed individual (MEl) exceeding 1 in 100,000: 0) during the trial bum (for new facilities or an interim status facility applying for a permit) or compliance test (for interim status facilities), determine emission rates of the

6540 Conservation (Reissued 7/95) 1·1·95CHAPTER IV QUALITY SERVICES 

### § 

### 374-1.8

tetra-octa congeners of chlorinated dibenzo-p-dioxins and dibenzofurans 

### (CDDs/CDFs) using Method 0023A, Sampling Method for Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans Emissions from Stationary Sources, EPA Publication SW-846, as incorporatedby referencein section 370.1 (e) ofthis Title;

(ii) estimate the 2,3,7,8-TCDD toxicity equivalence ofthe tetra-octa 

### CDDs/CDFs congeners using "Procedures for Estimating theToxicity Equivalence ofChlorinated Dibenzop-Dioxin and DibenzofuranCongeners" in Appendix 49 ofthis Title. Multiply the emission rates of

### CDD/CDF congeners with a toxicity equivalence greater than zero (see the procedure) bythe calculatedtoxicity equivalencefactorto estimatetheequivalentemissionrate of 2,3,7,8-TCDD;

(iii) conduct dispersion modeling using methods recommended in appendix W of40 CFR part 51 (Guideline on Air Quality Models [Revised] and its supplements) as incorporated by reference in section 370.1(e) ofthis Title, the "Hazardous Waste Combustion Air Quality Screening Procedure," which is providedin Appendix 49 ofthis Title, orin Screening Procedures for Estimating the Air Quality Impact ofStationary Sources as incorporated by referencein section 370.1 (e) ofthisTitle, topredictthe maximum annual average off-site ground level concentration of 2,3,7,8-TCDD equivalents determined under subparagraph (5)(ii) ofthis subdivision. The maximum annual average concentration mustbe usedwhen a person resides on-site; and (iv) the ratio ofthe predicted maximum annual average ground level concentration of 2,3,7,8-TCDD equivalents to therisk-specific dose for 2,3,7,8-TCDD providedinAppendix 45 ofthis Title (2.2 x 10-7) shall notexceed 1.0.**(~)** [Rese, $

### tJaB (7) Monitoring CO andHCin theby-pass ductofacementkiln. Cementkilns may comply with the carbon monoxide.,iUld hydrocarbon limits provided by paragraphs (2), (3) and (4) of this subdivision by monitoHng in theby-pass duct provided that: (i) hazardous wasteis fired only into the kiln and not at any location downstream from the kiln exitrelativeto the direction ofgas flow; and (ii) theby-pass duct diverts a minimum of 10percent ofkiln off-gas into the duct. (8) Use ofemissions test data to demonstrate compliance and establish operating limits. Compliance with therequirements ofthis subdivision mustbe demonstrated simultaneously by emissions testing orduring separate runs underidentical operating conditions. Further, data to demonstrate compliance with the CO and HC limits ofthis subdivisionorto establish alternative CO orHClimits underthis subdivisionmustbe obtained during thetimethat DREtesting, and where applicable, 

### CDD/CDF testing underparagraph (5) ofthis subdivision and comprehensive organic emissions testing underparagraph (6) ofthis subdivision is conducted.

(9) Enforcement. Forthe purposes ofpermit enforcement, compliance with the operating requirements specified in the permit (under subdivision [cl ofthis section) willbe regarded as compliance with this subdivision. However, evidence that compliance with those permit conditions is insufficientto ensure compliance with the requirements ofthis subdivision may be infonnationjustifying modification orrevocation and reissuance ofa permit under section 373-L7(b) ofthis Title. (f) 

### Standards to controlpaniculate marter. (1) A boiler or industrial furnace burning hazardous waste may not emitparticulate matterin excess of 180milligrams perdry standard cubic meter (0.08 grains per dry standard cubic foot) aftercorrection to a stack gas concentration of seven percent oxygen, using procedures prescribed in 40 CFR part 60, appendix A, methods I through5 (see section 370.1 [e] ofthis Title), and Appendix 49 ofthis Title.

(2) An owner or operatormeeting the requirements ofparagraph (j)(2) ofthis section for the low risk waste exemption is exemptfrom the particulate matter standard.

(3) Forthe purposes ofpermit enforcement, compliance with the operating requirements specified in the permit (under subdivision [cl ofthis section) will be regarded as compliance with this subdivision. However, evidence that compliance with those permit conditions is

01-15-2002 6541 Conservation

### § 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION

insufficient to ensure compliance withthe requirements ofthis subdivision may be information justifying modification or revocation and fe-issuance ofa pennit under section 373-1.7(b) of this Title. 

### (g) 

### Standards to control metals emissions. (1) 

### GeneraL The owner or operator must comply with the metals standards provided by paragraph (2), (3), (4), (5) or (6) of this subdivision for each metal listed in paragraph (2) ofthis subdivision that is present in the hazardous waste atdetectable levels using analytical procedures specifiedin "TestMethods for 

### Evaluating Solid Waste, Physical/Chemical Methods" (EPA Publication No. SW-846) (see section 370,I[e] ofthis Title),

(2) Tier Ifeed rate screening limits. 

### Feed rate screening limits for metals are specified in Appendix 41 ofthis Title as afunction**ofterrain~adjusted** effective stackheight andterrain and land use in the vicinity ofthe facility. Criteria for facilities that are not eligible to comply with the screening limits are provided in subparagraph (vii) ofthis paragraph. (i) Noncarcinogenic metals. The feed rates of antimony, barium, lead, mercury, thallium, and silver in all feed streams, inclUding hazardous waste, fuels, and industrial furnace feed stocks, shall not exceed the screening limits specified in Appendix 41 ofthis Title. (a) The feed rate screening limits for antimony, barium, mercury, thallium, and silver

are based on either: (1) an hourly rolling average as definedin subclause (c)(5)(vi)(a)(2) ofthis section;

or (2) an instantaneous limit not to be exceeded at any time. (b) The feed rate screening limit for lead is based on one ofthe following:

(1) an hourly rolling average as definedin subclause (c)(5)(vi)(a)(2) ofthis section; (2) an averaging period oftwo to 24 hours as defined in clause (c)(5)(vi)(b) ofthis section with an instantaneous feed rate limit not to exceed 10 times the feed rate that would be allowed on an hourly rolling average basis; or

(3) an instantaneous limit not to be exceeded at any time. (ii) Carcinogenic metals.

(a) The feed rates ofarsenic, cadmium, beryllium, and chromiumin all feed streams, including hazardous waste, fuels, and industrial furnace feed stocks shall not exceed values derived from the screening limits specified in Appendix 41 ofthis Title. The feed rate ofeach ofthese metals is limited to alevel suchthatthe sumofthe ratios ofthe actual feed rate to the feed rate screening limit specified in Appendix 41 of this Title shall not exceed 1.0, as providedby the follOWing equation:

Sumfrom i:= 1 to n of AFR(i) <1.0 FRSL(i) where:

n := number ofcarcinogenic metals AFR:= actual feed rate to the device formetal "i" FRSL:= feed rate screening limitprovided by Appendix 41 ofthis Title for metal "i"

(b) The feed rate screening limits for the carcinogenic metals are based on either:

(1) an hourly rolling average; or (2) an averaging period oftwo to 24 hours as defined in clause (c)(5)(vi)(b) ofthis section with an instantaneous feed rate limit not to exceed 10 times the feed rate that would be allowed on an hourly rolling average basis. (iii) 

### Terrain-adjusted effective stackheight (TESH),

(a) The terrain-adjusted effective stack height is determined according to the following equation:

6542 Conservation 01,15-2002CHAPTER IV QUALITY SERVICES 

### § 374-1.8

TESH 

### = Ha+HI·Tr
where:

Ha = actual physical stack height HI = plume rise as determined from Appendix 46 ofthis Title as a function ofstack flow rate and stack gas exhaust temperature Tr= terrain rise within five kilometers ofthe stack

(b) The stackheight (Ha) may notexceedgoodengineeringpractice as specifiedin 40 

### CFR 51.1000i) (see section 370.1[e] ofthis Title).

(c) 

### Ifthe TESH for a particular facility is not listed in the table in the appendices, the nearest lowerTESH listed in the table shall be used. Ifthe TESH is fOUf meters or less, a value offour meters shall be used. (tv) Terrain type. The screening limits are a function ofwhetherthefacility is located in 

### noncomplex or complex terrain. A device located where any pan ofthe surrounding terrain within five kilometers of the stack equals or exceeds the elevation of the physical stack height (Ha) is considered to be in complex terrain and the screening limits for complex terrain apply. Terrain measurements aretobemadefrom U.S. Geological Survey7.5-minute topographic maps ofthe area surrounding the facility.

(v) Land use. The screening limits are a function ofwhetherthe facility is located in an
areawherethe land useis urban orrural. To determine whetherland usein the vicinity ofthe facility is urban or rural, procedures prOVided in Appendix 49 or 50 ofthis Title shall be used.

(vi) Multiple stacks. Owners and operators offacilities with more than oneon-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls ofmetals emissions under a Part 373 operating permit or interim status controls must comply with the screening limits for all such units assuming all hazardous waste is fed into the device with the worst-case stackbased on dispersion characteristics. The worst-case stackis determined from the following equation as applied to each stack:

K=HVT

where:

K = a parameter accounting forrelative influence ofstack height and plume rise; H= physical stack height (meters); V = stack gas flow rate (m3 /second); and T = exhaust temperature (degrees K).

The stack with the lowest value ofK is the worst-case stack.



### (vii) Criteria for facilities not eligible for screening limits. Ifany criteriabelow are met, the Tier I and Tier II screening limits do not apply. Owners and operators ofsuch facilities must comply with eitherthe Tier III standards provided by paragraph (4) ofthis subdivision

or with the adjusted Tier I feed rate screening limits provided by paragraph (5) of this subdivision. (a) 

### the device is located in a narrow valley less than one kilometer wide; (b) 

### the devicehas astacktallerthan 20 meters and is located such that the terrain rises to the physical height within one kilometer ofthe facility;

(c) 

### the devicehas a stacktallerthan 20 meters and is located withinfive kilometers of

a shoreline ofalarge body ofwater such as an ocean or large**lake~** (d) 

### the physical stack height of any stack is less than 2.5 times the height of any building within five building heights orfive projected building widths ofthe stack and the distance from the stack to the closest boundary is 

### within five building heights or five projected building widths ofthe associated building; or (e) 

### the commissioner determines that standards based on site-specific dispersion modeling are required.

I-I-95 (Reissued 7/95) 6543 Conservation

### § 374-1.8 TITLE6 ENVIRONMENTAL CONSERVATION

(viii) Implementation. The feed rate ofmetals in each feedstrearn must be monitored to



### ensure that the feed rate screening limits are not exceeded.

- (3) Tier II emission rate screening limits. Emission rate screening limits arc specified in Appendix 41 ofthis Title as a function ofterrain-adjusted effective stack heighl and terrain and land use in the vicinity ofthe facility. Criteria for facilities that are not eligible to comply with the screening limits are provided in subparagraph (2)(vii) ofthis subdivision. 0) Noncarcinogenic metals, The emission rates of antimony, barium. leJd. mercury, thallium, and silver shall not exceed the screening limits specified in AppendIx 41 of this Title.

Oi) Carcinogenic metals. The emission rates ofarsenic, cadmium. berylllUm. and chromium shall not exceed values derived from the screening limits specified in Appendix 41 of this Title. The emission rate ofeach ofthese metals is limited to a level such thaI the sum of the ratios of the actual emission rate to the emission rate screening limn specified in Appendix 41 ofthis Title shall not exceed 1.0, as provided by the following equation:



### AERm Sum from i=: I tonofERSL ' <1.0 (,) where:

n== number ofcarcinogenic metals AER == actual emission rate for metal "j" ERSL == emission rate screening limit provided by Appendix 41 ofthis Title for metal »j"

(iii) Implementation. The emission rate limits must be implemented by limiting feed rates ofthe individual metals to levels during the trial burn (for new facilities or an interim status facility applying for a permit) orthe compliance test (forinterim status facilities). The feed rate averaging periods are the same as provided by clauses (2)(i)(a), (b) and (ii)(b) of this subdivision. Thefeed rate ofmetals in each feedstream mustbe monitored to ensure that the feed rate limits for the feedstreams specified under subdivision (c) or (d) ofthis section

are not exceeded.

(iv) Definitions and limitations. The definitions and limitations provided by paragraph (2) of this subdivision for the following terms also apply to the Tier II emission rate screening limits provided by paragraph (3) of this subdivision: terrain-adjusted effective stack height, good engineering practice stack height, terrain type, land use, and criteria for facilities not eligible to use the screening limits.

(v) Multiple stacks.

(a) Owners and operators offacilities with more than one onsite stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on metals emissions underaPan 373 operatingpermit or interim status controls must comply with the emissions screening limits for any such stacks assuming all hazardous waste is fed into the device with the worst-case stack based on dispersion characteristics.

(b) The worst-case stack is detennined by procedures provided 

### in subparagraph (2)(vi) ofthis subdivision.

(c) Foreach metal, the total emissions ofthe metal from those stacks shall not exceed the screening limit for the worst-case stack. (4) Tier III and Adjusted Tier I site-specific risk assessment. The requirements of this paragraph apply to facilities complying with either the Tier III or adjusted Tier I controls, except where specified otherwise. (i) General. Confonnance with the Tier 

### III metals controls must be demonstrated by emissions testing to determine the emission rate for each metaL In addition, conformance with either the Tier III or adjusted Tier I metals controls must be demonstrated by air dispersion modeling to predictthe maximum annual average off-site ground level concentration for each dispersion modeling to predict the maximum annual average off-site ground

6544 Conservation (Reissued 7/95) 1-1-95CHAPTER IV QUALITY SERVICES 

### § 374-1.8

level concentration for each metal, and a demonstration that acceptable ambient levels are not exceeded.

(ii) Acceptable ambient levels. Appendices 44 and 45 ofthis Title list the acceptable ambient levels for purposes ofthis section. Reference air concentrations (RAes) are listed for the noncarcinogenic metals and 1-5 risk-specific doses (RSDs) are listed forthe carcinogenic metals. The RSD for a metal is the acceptable ambient level for that metal provided thatonly onc ofthe four carcinogenic metals is emitted 

### Ifmore than one carcinogenic metal is emitted, the acceptable ambient level for the carcinogenic metals is a fraction ofthe RSD

as described in subparagraph (iii) ofthis paragraph.

(iii) Carcinogenic metals. For the carcinogenic metals, arsenic, cadmium, beryllium, and chromium, the sum of the ratios of the predicted maximum annual average off-site ground level concentrations (except that on-site concentrations must be considered if a person resides on site) to the risk-specific dose (RSD) for all carcinogenic metals emitted shall not exceed 1.0 as determinedby the following equation:

Sumfrom i = 1 to n of Predicted Ambient Concentration (I) <1.0 Risk-Specific Dose(i) where:

n = number ofcarcinogenic metals

(iv) Noncarcinogenic metals. For the noncarcinogenic metals, the predicted maximum annual average off-site ground level concentration for each metal shall not exceed the reference airconcentration (RAe). (v) Multiple stacks. Owners and operators offacHities with more than one on-site stack from a boiler, industrial furnace, incinerator, or other thennal treatment unit subject to controls on metals emissions under a Part 373 operating permit or interim status controls mustconductemissions testing (exceptthatfacilities complying with adjustedTierI controls need not conduct emissions testing) and dispersion modeling to demonstrate that the aggregate emissions from all such on-site stacks do not result in an exceedance ofthe acceptable ambient levels.

(vi) Implementation. Under Tier 

### ill, the metals controls mustbe implementedby limiting feed rates ofthe individual metals to levels during the trial burn (for new facilities or an interim status facility applying for a permit) or the compliance test (for interim status facilities). The feed rate averaging periods are the same 

### as providedby clauses (2)(i)(a), (b) and (ii)(b) ofthis subdivision. Thefeed rate ofmetals ineachfeedstream mustbe monitored to ensurethatthe feed rate limits forthe feedstreams specifiedunder subdivision (c) or(d) of this section are not exceeded. (5) Adjusted Tier I feed rate screening limits. The owner or operator may adjust the feed rate screening limits provided by Appendix 41 ofthis Title toaccount for site-specific dispersion modeling. Under this approach, the adjusted feed rate screening limit for a metal is detenninedby back-calculatingfrom the acceptable ambientlevels providedby Appendices 

### 44 and 45 ofthis Title using dispersion modeling to determine the maximum allowable emission rate. This emission rate becomes the adjusted Tier I feed rate screening limit. The feed rate screening limits for carcinogenic metals are implemented as prescribed in subparagraph (2)(ii) ofthis subdivision.

(6) Alternative implementation approaches. 0) The commissioner may approve on a case-by-case basis approaches to implement the Tier 

### II or Tier 

### In metals emission limits providedbyparagraph (3) or(4) ofthis subdivision alternativeto monitoring the feed rate of metals in each feedstream.

(ii) The emission limits provided by paragraph (4) of this subdivision must be determined as follows: (a) for each noncarcinogenic metal, by back-calculating from the RAe provided in Appendix44 ofthisTitle to determine the allowable emissionrate for eachmetal using the

JO·31·98 6545 Conservation

### § 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION

dilution factor for the maximum annual average ground level concentration predicted by dispersion modeling in confolIDance with paragraph (8) ofthis subdivision; and

(b) for each carcinogenic metal by:

(/) back-calculating from the RSD provided in Appendix 45 ofthis Title to determine the allowable emissionrate foreachmetal ifthatmetal were the only carcinogenic metal emitted using the dilution factor for the maximum annual average ground level concentration predicted by dispersion modeling in confonnance 

### with paragraph (8) of this subdivision; and

(2) ifmorc than one carcinogenic metal is emitted, selecting an emission limit for eachcarcinogenic metal not to exceedthe emission rate determined by subclause (1) of 

### this clause such that the sum for all carcinogenic metals ofthe ratios ofthe selected emission limitto the emission rate determined by that clause does not exceed 1.0. (7) Emission testing. (i) General. Emission testing for metals shall be conducted using Method 0060, Determinations ofMetals in Stack Emissions, EPA Publication SW·846, as incorporated by reference in section 370.1 (e) ofthis Title. (li) Hexavalent chromium. Emissions ofchromium are assumed to be hexavalent chromium unless the owner or operator conducts emissions testing to determine hexavalent chromium emissions using procedures prescribed in Method 0061, Determination ofHexavalent Chromium Emissions from Stationary Sources, EPA Publication SW-846, as**incor~** porated by reference in section 370.1 (e) ofthis Title. (8) Dispersion modeling. Dispersion modeling required under this subdivision shall be conductedaccording to methods recommended in "GuidelineonAirQualityModels (revised)" (appendix W of40 CFR part 51, as incorporated by reference in section 370.1[e] ofthis Title, the) "HazardousWaste Combustion Air Quality Screening Procedure" described in Appendix 49 of this Title, or "EPA SCREEN Screening Procedure" as described in "Procedures for Estimating the Air Quality ImpactofStationary Sources" (see section 370.1 [e] ofthis Title) to predict the maximum annual average**off~site** ground level concentration. However, on-site concentrations must be considered when aperson resides on·site.

(9) Enforcement. For the purposes ofpermit enforcement, compliance with the operating requirements specified in the permit (under subdivision Ic] ofthis section) will be regarded as compliance with this subdivision. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the requirements ofthis subdivision may he infonnationjustifying modification or revocation and reissuance ofa permit under section 373-1.7(b) ofthis Title. (b) 

### Standards to control hydrogen chloride (Hel) and chlorine gas (el,) emissions. (1) General. The owner or operator must comply with the hydrogen chloride (HCI) and chlorine (el,) controls provided by paragraph (2), (3) or (5) ofthis subdivision.

(2) Screening limits. (i) TierI feed rate screening limits. Feedrate screening limits are specified for total chlorine in Appendix 42 of this Title as a function of**terrain~adjusted** effective stack height and terrain and land use in the vicinity ofthe facility. The feed rate of total chlorine and chloride, both organic and inorganic, in all feedstreams. including hazardous waste, fuels, and industrial furnace feed stocks shall not exceed the levels specified.

(li) Tier

## n emissionrate screeninglimits. Emissionrate screening limits for HCI and Cl2

are specified in Appendix 43 of this Title as a function of terrain-adjusted effective Slack height andterrain andlanduse in the vicinity ofthe facility. The stackemissionrates ofHCl and C12shall not exceed the levels specified.

(iii) Definitions and limitations. The definitions and limitations provided by paragraph (g)(2) ofthis section for the following terms also apply to the screening limits provided by this paragraph: terrain·adjusted effective stack height, good engineering practice Slack height, terraintype, landuse, andcriteriaforfacilities noteligibleto use the screening limits.

(iv) Multiple stacks. Owners and operators offacilities with more than one**on~site** stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to

6546 Conservation 10-31-98CHAPTER IV QUALITY SERVICES 

### § 374-1.8

controls on Hel ore1 2 emissions under aPart 373 operating permitorinterim status controls 

### must comply with the Tier I and Tier II screening limits for those stacks, assuming all hazardous waste is fed into the device 

### with the worst-case stack based on dispersion characteristics. (a) 

### The**worst~case** 

### stack is determined by 

### procedures provided in subparagraph (g)(2)(vi) ofthis section.

(b) UnderTier

### I, the total feed rate ofchlorine and chlorideto all subjectdevices shall not exceed the screening limit forthe worst-case stack.

(c) UnderTier II, the total emissions of

### Hel and 

### el2from all subject stacks shall not exceed the screening limitfor the worst-case stack. 

### (3) Tier III site-specific risk assessments. (i) 

### General. Conformance with the Tier III controls must be demonstrated by emissions testing to determine the emission rate for HCI and 

## e1 2, air dispersion modeling to predict the maximum annual average off-site ground level concentration for each compound, and a demonstration that acceptable ambient levels

are not exceeded.

(ii) Acceptable ambient levels. Appendix 44 ofthis Title lists the reference air concentrations (RACs) for HCI (seven micrograms per cubic meter) and Cl2 (0.4 micrograms per cubic meter).

(Hi) Multiple stacks. Owners and operators offaciHties with morethan one on-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls onHCI orCl2 emissions under aPart373 operating permitorinterim status controls must conduct emissions testing and dispersion modeling to demonstrate that the aggregate emissions from all such on-site stacks do not result in an exceedance of the acceptable ambient levels for HCI and C12

. (4) Averaging periods. The HCI and C12controls are implementedby limiting thefeed rate oftotal chlorine and chloride in all feedstreams, including hazardous waste, fuels, and industrial furnace feed stocks. Under Tier I, the feed rate oftotal chloride and chlorine is limited to the Tier I Screening Limits. Under Tier II and Tier ill, the feed rate of total chloride and chlorine is limited to the feed rates during the trial burn (for new facilities or an interim status facility applying for apermit) orthe compliancetest (forinterim status facilities). Thefeedrate limits are based on either: (j) an hourly rolling average as defined in subparagraph (c)(5)(vi) ofthis section; or (ii) an instantaneous basis not to be exceeded at any time. (5) Adjusted Tier I feed rate screening limits. The Owner or operator may adjust the feed rate screening limit provided by Appendix 42 ofthis Title to account for site-specific dispersion modeling. Under this approach, the adjusted feed rate screening limit is determined by back-calculating from the acceptable ambient level for Cl2 provided by Appendix 44 ofthis Title using dispersion modeling to detennine the maximum allowable emission rate. This emission rate becomes the adjustedTierI feed rate screening limit.

(6) Emissions testing. Emissions testing for HCI and Cl2 shall be conducted using the procedures described in Method 0050 or 0051, EPA Publication SW-846, as incorporated by reference in section 370.1(e) ofthis Title. (7) Dispersion modeling. Dispersion modeling shall be conducted according to the provisions ofparagrapb (g)(8) ofthis section.

(8) Enforcement. For the purposes ofpermit enforcement, compliance with the operating requirements specified in the permit (under subdivision Ic] ofthis section) will beregarded as compliance with this subdivision. However, evidence that compliance with those pennit conditions is insufficient to ensure compliance with the requirements ofthis subdivision may be informationjustifying modification or revocation and reissuance ofa pennit under section 373-1.7(b) ofthis Title.

10-31-98 6547 Conservation

### § 

## 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION

(i) 

### Smallquantity**on~site** 

### burnerexemption. (1) Exemptquantities. Owners andoperators offacilities thatburnhazardous waste in an on-siteboilerorindustrialfurnace are exemptfrom the requirements ofthis sectionprovided that: 

### 0) the quantity ofhazardous waste burned in a device for a calendar month does not exceed the limits providedinthefollowingtablebasedonthe**terrain~adjusted** effective stack 

### height as defined in 

### subparagraph (g)(2)(iii) ofthis section:

Exempt Quantities for Small Quantity BurnerExemption Terrain-adjusted effectivestackheight of

device (meters) 

## oto 3.9 4.0 to 5.9 6.0 to 7.9 8.0to 9.9 10.0 to 11.9 12.0to 13.9 14.0 to 15.9 16.0to 17.9 18.0to 19.9 20.0to 21.9 22.0 to 23.9 24.0to 25.9 26.0to 27.9 28.0 to 29.9 30.0to 34.9 35.0to 39.9 40.0to 44.9 45.0to 49.9 50.0 to 54.9 55.0 to 59.9 60.0to 64.9 65.0 to 69.9 70.0 to 74.9 75.0to 79.9 80.0to 84.9 85.0to 89.9 90.0 to 94.9 95.0 to 99.9 

### 100.0 to 

### 104.9 105.0 to 109.9 110.0to 114.9 

### 115.0or

### greater Allowable hazardous
waste burning rate (gallons/month) 

## o 13 18 27 40 48 59 69 76 84 93 100 110 130 140 170 210 260 330 400 490 610 680 760 850 960 1,100 1,200 1.300 1,500 1,700 1,900



### (ii) the maximum hazardous waste firing rate does not exceed, at any time, one percent ofthe total fuel requirements for the device (hazardous waste plus otherfuel) on atotal heat inputormass input basis, whicheverresults in the lower mass feed rate ofhazardous waste;

(iii) the hazardous waste has a minimum heating value of 5,000 Btu/lb, as generated; and



### (iv) the hazardous waste fuel does not contain (and is not derivedfrom) EPA hazardous waste numbers F020, F021, F022, F023, F026, or F027. 

### (2) Mixing with nonhazardous fuels. Ifhazardous waste fuel is mixed with a non-hazardous fuel, the quantity ofhazardous wastebefore such mixing is usedto comply with paragraph (1) 

### ofthis subdivision.

(3) Multiple stacks. If

### anowneroroperatorburns hazardous wasteinmorethanone on-site boiler or industrial furnace exempt under this subdivision, the quantity limits provided by subparagraph (1)(i) ofthis subdivision are implemented according to the following equation:

6548 Conservation 10,31,98CHAPTER IV QUALITY SERVICES

Su f . - 1 f Actual Quantity Burned (jl 10

m rom 1 - to n 0 Allowable Quantity Bumed(j) < . 

### § 374-1.8

where:

n means the number ofstacks;

Actual Quantity Burned means the waste quantity burned per month in device "i."

Allowable Quantity Burned, means the maximum allowable exempt quantity for stack "j" from thetable in subparagraph (I)(i) ofthis subdivision.

Hazardous wastes that are subject to the special requirements for small quantity generators under**subdivi~** sion 371.1 (0 ofthis Title may be burned in an off-site device under the exemption provided by this subdivision, but must be included in the quantity detennination forthe exemption. 

### (4) Notification requirements. The owner or operator offacilities qualifying for the small quantity burner exemption under this subdivision must provide a**one~time** 

### signed, written notice to the Department indicating the following: (i) the combustion unit is operating as a small quantity burnerofhazardous waste; (ii) 

### the owner and operator are in compliance with the requirements ofthis subdivision; and

(iii) the maximum quantity ofhazardous waste that the facility may burn per month as provided by subparagraph (1)(i) 

### ofthis subdivision. (5) Recordkeeping requirements. Theowneroroperator must maintain at the facility forat leastthreeyears sufficientrecords documenting compliance with thehazardous wastequantity, firing rate, and heating value limits ofthis subdivision. At a minimum, these records must indicate the quantity ofhazardous waste and otherfuel burned in each unitpercalendar month, and the heating value ofthe hazardous waste. (j) 

### Low risk waste exemption. (1) 

### Waiver ofDRE standard. The DRE standard ofparagraph (e)(l) of this section does not apply if the boiler or industrial furnace is operated in conformance with subparagraph (i) ofthis paragraph and the owner or operator demonstrates by procedures prescribed in subparagraph (ii) ofthis paragraph that the burning will not result in unacceptable adverse health effects. (i) 

### The device shall be operated as follows:

(a) 

### a minimum of 50 percent of fuel fired to 

### the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or, if approved by the commissioner on a**case~by~case** 

### basis, other nonhazardous fuel with combustion characteristics comparable to fossil fuel. Such fuels are termed primary fuel for purposes of this subdivision. (Tall oil is a fuel derived from vegetable and rosin fatty acids.) The 50percentprimary fuel firing rate shall be determined on a total heat or mass input basis, whichever results in the greater mass feed rate ofprimary fuel fired; (b) 

### primary fuels and hazardous waste fuels shall have a minimum as-fired heating value of8,000 Btullb;

(c) 

### the hazardous waste is fired directly into the primary fuel flame zone of the combustion chamber; and

(d) 

### the device operates in conformance with the carbon monoxide controls provided by subparagraph (e)(2)(i) ofthis section. Devices subject to the exemption provided by this subdivision are not eligible for the alternative carbon monoxide controls provided by paragraph (e)(3) ofthis section. (ii) Procedures to demonstrate that the hazardous waste burning will not pose unacceptable adverse public health effects are as follows: (a) 

### identify and quantify those nonmetal compounds listed in Appendix 23 ofthis Title (see Part 371 ofthis Title) that could reasonably be 

### expected to be present in the hazardous waste. Theconstituents excluded from analysis must be 

### identified and thebasis for theirexclusion explained;**Oct~Dec** 1995 6549 Consen'ation

### §374-1.8 TITLE 6 ENVIRONMENTAL CONSERVAnON

(b) 

### calculate reasonable, worst case emission rates for each constituent identified in clause (aJ 

### ofthis subparagraph by 

### assuming the device achieves 99.9 percent destruction and removal efficiency. That is, assume that 0.1 percent of the mass weight of each constituent fed to the device is emitted;

(c) 

### for each constituent identified in clause (aJ 

### ofthis subparagraph, use emissions dispersion modeling to 

### predict the maximum annual average ground level concentration ofthe constituent. (1) 

### Dispersion modeling shall be conducted using methods specified in paragraph (g)(8) ofthis section.



### (2) Owners and operators of facilities with more than one on-site stack from a boiler or industrial furnace that is exempt under this subdivision must conduct disper. sion modeling ofemissions from all stacks exempt under this subdivision to predict ambient levels prescribed by this paragraph. (d) 

### Ground level concentrations of constituents predicted under clause (c) 

### of this subparagraph must not exceed the following levels: (1) 

### for the noncarcinogenic compounds listed in Appendix 44 of this Title, the levels established in Appendix 44 ofthis Title;

(2) for the carcinogenic compounds listed in Appendix 45 ofthis Title, the sum for all constituents of the ratios of the actual ground level concentration to the level established in Appendix 45 ofthis Title cannot exceed 1,0; and

(3) for constituents notlisted in AppendiX44 or45 ofthis Title, 0.1 micrograms per cubic meter. (2) Waiver ofparticulate matter standard. The particulate matter standard ofsubdivision (f) 

### ofthis section does not apply if: (1) the DRE standard is waived underparagraph (1) ofthis subdivision; and (1i) the owner or operator complies with the Tier I or adjusted Tier I metals feed rate screening limits provided by paragraph (g)(2) or (5) ofthis section. (k) 

### Waiver of DRE trial bumfor boilers. Boilers that operate under the special require· ments ofthis subdivision, and thatdo not burn hazardous wastecontaining (orderived from) EPA hazardous waste numbers F020, F021, F022, F023, F026, or F027, are considered to be 

### in conformance with the DRE standard of paragraph (e)(1) of this section, and a trial burn to demonstrate DRE is waived. When burning hazardous waste: (1) 

### a minimum of50 percent offuel fired to the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or, ifapproved by the commissioner on a case·by-case basis, other nonhazardous fuel with combustion characteristics comparable to fossil fueL Such fuels are termed primary fuel for purposes ofthis subdivision. (Tall oil is afuel derived from vegetable and rosin fatty acids.) The 50percentprimary fuel firing rate shall bedetermined on atotal heat

ormass input basis, whichever results in the greater mass feed rate ofprimary fuel**fired~**



### (2) boiler load shall not be less than 40 percent. Boiler load is the ratio at any time ofthe total heat input to 

### the maximum design heat input;

(3) primary fuels and hazardous waste fuels shall have a minimum as-fired heating value of8,000Btullb, and each material fired in aburnerwhere hazardous waste is fired must have a heating value ofat least 8,000 BtuIlb, as fired;

(4) the device shall operate in conformance with the carbon monoxide standard provided by 

### subparagraph (e)(2)(i) ofthis section. Boilers subject to the waiver ofthe DRE trial bum provided by this subdivision are not eligible for the alternative carbon monoxide standard provided by paragraph (e)(3) ofthis section;

(5) the boiler must be a watertube type boiler that does not feed fuel using a stoker or stoker type mechanism; and

6550 Conservation Oct-Dec 1995CHAPTER IV QUALITY SERVICES 

### § 374-1.8

(6) the hazardous waste shall be fired directly into the primary fuel flame zone of the combustion chamber with an air or steam atomization firing system, mechanical atomization system, or a rotary cup atomization system underthe following conditions: (i) viscosity. The viscosity of the hazardous waste fuel as-fired shall not exceed 300 SSU;

(ii) particle size. When a high pressure air or steam atomizer, low pressure atomizer, or mechanical atomizeris used, 70percent ofthe hazardous waste fuel must pass through a 200 mesh (74 micron) screen, and when a rotary cup atomizer is used, 70 percent of the hazardous waste must pass through a 100mesh (150 micron) screen;

(iii) mechanical atomization systems. Fuel pressure within a mechanical atomization system and fuel flow rate shall be maintained within the design range taking into accountthe viSCOSity and volatility ofthe fuel;

(iv) rotary cup atomization systems. Fuel flow rate through a rotary cup atomization system must be maintained within the design range taking into account the viscosity and volatility ofthe fuel. (l) 

### Standardsfor direct transfer. (1) Applicability. The regulations in this subdivision apply to owners and operators ofboilers and industrial furnaces subjectto subdivision (c) or(d) ofthis section ifhazardous waste is directly transferred from a transport vehicle to a boiler or industrial furnace without the use ofa storage unit.

(2) Definitions.

(i) When used in this suhdivision, the following terms have the meanings given below;



### (a) Direct transfer equipment means any device (including but not limited to, such devices as piping, fittings, flanges, valves, and pumps) that is used to distribute, meter, or control the flow ofhazardous waste between a container 

### (i.e., transpon vehicle) and a boiler or industrial furnace.



### (b) Container means any ponable device in which hazardous waste is transported, stored, treated, or otherwise handled, and includes transport vehicles that are containers themselves (e.g., tank trucks,**tanker~trai1ers,** and rail tank cars), and containers placed on

or in a transport vehicle. (ij) This subdivision references several requirements provided in sections**373~2.9, 373~2.1**  0, 373·3.9 and 373-3.10 ofthis Title. For purposes ofthis subdivision, the tenn 

### tank systems in those referenced requirements means direct transfer equipment as defined in subparagraph (i) ofthis paragraph. (3) General operating requirements.

0) No direct transfer ofa pumpable hazardous waste shall be conducted from an open· top containerto a boiler or industrial furnace.

(ii) Direct transfer equipment used for pumpable hazardous waste shall always be closed, except whennecessary to add orremovethe waste, and shall not be opened, handled,

orstored in a manner that may cause any rupture orleak.

(iii) The direct transfer of hazardous waste to a boiler or industrial furnace shall be conducted so that it does not: (a) generate extreme heat orpressure, fire, explosion, or violent reaction; (b) produce uncontrolled toxic mists, fumes, dusts, orgases in sufficientquantities to threaten human health;

(c) produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk offire or explosions;

(d) damage the structural integrity of the container or direct transfer equipment containing the waste;

(e) adversely affect the capability of the boiler or industrial furnace to meet the standards provided by subdivisions (e) through (h) ofthis section; or

1-1-95 (Reissued 7/95) 6551 Conservation

### §374-1.8 TITLE6 ENVIRONMENTAL CONSERVAnON

if) threaten human health orthe environment. (iv) Hazardous waste shall not be placed in direct transfer equipment ifit could cause the equipment or its secondary containment system to rupture, leak, corrode, or otherwise fail.

(v) The owner or operator ofthe facility shall use appropriate controls and practices to preventspills and overflows from the directtransferequipmentorits secondary containment systems. Theseinclude, at a minimum: (a) spill prevention controls (e.g., check valves, dry discount couplings); and (b) automatic waste feed cutoffto use ifaleak or spill occurs from the direct transfer equipment. (4) Areas wheredirecttransfervehicles (containers) arelocated. Applying thedefinition of container under this subdivision, owners and operators must comply with the following requirements: (i) the containment requirements ofsection 373-2.9(t) ofthis Title; (ii) the use and management requirements of section 373-3.9 ofthis Title, except for subdivisions (a) and (e) ofsuch section, and exceptthatin lieu ofthe special requirements of section 373-3.9(t) ofthis Title forignitable or reactive waste, the owner or operator may comply with therequirements for the maintenanceofprotectivedistancesbetween the waste management area and any public ways, streets, alleys, or an adjacent property line that can be built upon as required in Tables 2-1 through 2-6 ofthe National Fire Protection Association's (MFPA) "Flammable and Combustible Liquids Code," (see section 370.1[e] ofthis Title). Theowneror operatormust obtain and keep on file at the facility a written certification by the local fire marshall that the installation meets the SUbject l\'FPA codes; and

(iii) the closure requirements ofsection 373-2.9(i) ofthis Title. (5) Direct transfer equipment. Direct transferequipmentmust meet thefollowing requirements: (i) Secondary containment. Owners and operators shall comply with the secondary containment requirements ofsection 373-3.1

### Oed) ofthis Title, except for paragraphs (d)(1), (4), (5) and (9) ofsuch section.

(iii) Inspections and recordkeeping.

(a) The owner or operator must inspect at least once each operating hour when hazardous wasteis being transferred from thetransport vehicle (container) to theboileror industrial furnace: (1) overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that it is in good working order;

(2) the above ground portions ofthe direct transferequipment to detect corrosion,

. erosion, orreleases ofwaste (e.g., wet spots, dead vegetation); and

(3) data gathered from monitoring equipment and leak-detection equipment, (e.g., pressure and temperature gauges) to ensure that the direct transfer equipment is being operated according to its design. (b) Theowneroroperatormustinspectcathodic protection systems, ifused, to ensure that they are functioning properly according to the schedule provided by section 373 3.IO(t)(2) ofthis Title.

(c) Records ofinspections made under this subparagraph shall be maintained in the operating record at the facility, and available for inspection for at least three years from the date ofthe inspection. (iv) Design and installation of new ancillary equipment. Owners and operators must comply with the requirements ofsection 373-3.10(c) ofthis Title.

6552 Conservation (Reissued 7/95) 1-1-95CHAPTER IV QUALITY SERVICES 

### § 374-1.8

(v) Response to leaks or spills. Owners and operators must comply with the requirements ofsection 

### 373-3.1O(g) ofthis Title.

(vi) Closure. Owners and operators must comply with the requirements of section 373-3.1O(h) of

### this Title, except for subparagraphs (3)(ii) through (iv) ofsuch section. (m) Regulation of residues. 

### Aresidue derived from theburning orprocessing ofhazardous 

### waste in a boiler or industrial furnace is not excluded from the definition of a hazardous waste under section 371.1 (e)(2)(iv), (vi) or (vii) ofthis Title unless the device and the owner or operator meet the following requirements: 

### (1) the device meets the following criteria:

(1) 

### boilers. Boilers must burn at least 50 percent coal on a total heat input or mass input basis, whichever results in the greatermass feed rate ofcoal; (ii) ore or mineral furnaces. Industrial furnaces subject, to section 371.1 (e)(2)(vi) ofthis Title must process at least 50 percentby weight nonnal, non-hazardous raw materials; (iii) cement kilns. Cement kilns must process at least 50 percent by weight normal cementMproduction raw materials; (2) the owner or operator demonstrates that the hazardous waste does not significantly affect the residue by demonstrating conformance with either ofthe following criteria: (i) comparison ofwaste-derived residue with normal residue. The waste-derived residue must not contain Appendix 23 ofthis Title (see Part 371 of this Title) constituents (toxic constituents) that could reasonably be attributable to the hazardous waste at concentrations significantly higher than in residue generated without burning or processing ofhazardous waste, using the following procedure. Toxic compounds that couldreasonably be attributaM ble to burning or processing the hazardous waste (constituents of concern) include toxic constituents in thehazardous waste, and the organic compounds listed in Appendix 48 ofthis Title that may be generated as products ofincomplete combustion. Sampling and analyses shall be in conformance with procedures prescribed in Test Methods for Evaluating Solid Waste Physical/Chemical Methods (see section 370.I[e] ofthis Title); (0) 

### normal residue. Concentrations oftoxic constituents ofconcern in normal residue shall be determined based on analyses of a minimum of 10 samples representing a minimum of 10 days ofoperation. Composite samples may be used to develop a sample for analysis provided that the compositing period does not exceed 24 hours. The upper tolerance limit (at 95 percent confidence with a 95 percent proportion of the sample distribution) ofthe concentration in the nonnal residue shall be considered the statistiM callyMderived concentration in the normal residue. If changes in raw materials or fuels reduce the statistically-derived concentrations ofthe toxic constituents ofconcern in the normal residue, the statisticallyMderived concentrations must be revised or statisticallyderived concentrations of toxic constituents in normal residue must be established for a
new mode of operation with the new raw material or fuel. To detennine the upper tolerance limit in the normal residue. the owneror operator shall use statistical procedures prescribed in "Statistical Methodology for Bevill Residue Determinations" in Appendix 49 

### ofthis Title; (b)**waste~derived** 

### residue. Waste-derived residue shall be 

### sampled and analyzed as often as necessary to detennine whether the residue generatedduring each 24M hourperiod has concentrations oftoxic constituents that arehigherthan the concentrations established for the normal residue under clause (0) 

### of this subparagraph. If so, hazardous waste burning has significantly affected the residue and the residue shall not be excluded from the definition ofa hazardous waste. Concentrations oftoxic constituents ofconcern in the waste derived residue shall be determined based on analysis of one or more samples obtained over a 24M hour period. Multiple samples may be analyzed. and multiple samples may be taken to form a composite sample for analysis provided that the sampling period does not exceed 24 hours. If more than one sample is analyzed to characterize wastederived residues generated overa24-hourperiod. the concentration ofeach toxic constituM

07-15-2005 6553 Conservation

### § 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVAnON



### ent shall be the arithmetic mean ofthe concentrations in the samples. No results may be 

### disregarded: or (ii) 

### comparison ofwaste-derived residue concentrations with health-based limits;

(a) 

### nonmetal constituents. The concentration ofeach nonmetal toxic constituent of

concern (specifiedin subparagraph [i} 

### ofthis paragraph) in the waste-derived residue must 

### not exceed the health-based level specified in Appendix 47 ofthis Title, or the level of detection (using analytical procedures prescribed in SW-846), whichever is higher. If a health-based limit for a constituent ofconcern is not listed in Appendix 47 ofthis Title, then a limit of0.002 micrograms per kilogram or the level ofdetection (using analytical procedures prescribed in SW-846), whichever is higher, shall be used. The levels**speci~** 

### fied in Appendix 47 ofthis Title (and the default level of0.002 micrograms per kilogram

or the level ofdetection for constituents as identified in Note 1 of Appendix 47 ofthis Title) are administratively stayed under the condition, for those constituents specified in subparagraph (i) 

### ofthis paragraph. that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in section 376.4(d) ofthis Title for F039 nonwastewaters. In complying with those alternative levels, ifan owneror operator is unable to detect a constituent despite documenting use of best good-faith efforts as defined by applicable EPA guidance or standards, the owner or operator is deemed to be in compliance for that constituent. Until new guidance or standards are developed, the owner oroperator may demonstrate such good-faith efforts by achieving a detection limit for the constituent that does not exceed an order ofmagnitude above the level provided by section 376.4(d) ofthis Title for F039 nonwastewaters; and (b) 

### metal constituents. The concentration ofmetals in an extract obtained using the Toxicity Characteristic Leaching Procedure of section 371.3(e) of this Title must not exceed the levels specified in Appendix 47 ofthis Title; and (c) 

### sampling and analysis. Waste-derived residue shall be sampled and analyzed as often as necessary to determine whether the residue generated during each 24-hourperiod has concentrations of toxic constituents that are higher than the health-based levels. Concentrations of toxic constituents of concern in the waste-derived residue shall be determined based on analysis of one or more samples obtained over a 24-hour period. Multiple samples may be analyzed, and multiple samples may be taken to form acomposite sample for analysis provided that the sampling period does not exceed 24 hours. If

more than one sample is analyzed to characterize waste-derived residues generated over a 24-hourperiod, the concentration ofeach toxic constituent shall be the arithmetic mean of the concentrations in the samples. No results may be disregarded; and (3) records sufficientto document compliance with the provisions ofthis subdivision shall be retained until closure ofthe boiler or industrial furnace unit. At a minimum, the following shall be recorded; (i) levels ofconstituents in Appendix 23 ofthis Title that are present in waste-derived residues; (ij) 

### if the waste-derived residue is compared with normal residue under subparagraph (2)0) ofthis subdivision: (a) 

### the levels ofconstituents in Appendix 23 ofthis Title that are present in normal residues; and

(b) 

### data and information, induding analyses of samples as necessary, obtained to determine if changes in raw materials or fuels would reduce the concentration of toxic constituents ofconcern in the normal residue.

Historical Note
Sec. filed Nov. 15, 1994; amds. filed: Sept. 29, 1998: Jan. 14,2002 efL 60 days after filing. Amended (a)(2)(iii), (e)(5)(iii).

6554 Conservation 07-15-2005CHAPTER IV QUALITY SERVICES 

### § 374-1.9

§ 

### 374-1.9 Conditional exemption**Low~leYeI** 

### mixed waste storage and disposal.

(a) Terms. (1) 

### What definitions apply to this section? This section uses the following special definitions: (i) Agreement stale 

### means a state, such as New York State, that has entered into an agreement with 

### the NRC under subsection 274b of the Atomic Energy Act of 1954. as amended (68 Stat 919), as incorporated by 

### reference in section 370.I(e)(7) ofthis Title, to

assume responsibility for regulating within its borders byproduct, source, or special nuclear material in quantities not sufficient to form a critical mass.

(ii) Certified delivery 

### means certified mail with return receipt requested, or equivalent courier service, or other means, that provides the sender with areceipt confirming delivery.

(iii) 

### Departmentrefers to 

### the definition in section 370.2(b) ofthis Title. (iv) 

### Eligible naturally occurring and/or**accelerator~produced** 

### radioactive material (NARM) is NARM that is eligible for the transportation and disposal conditional exemption. It is a NARM waste that contains RCRA hazardous waste, meets the waste acceptance criteria of, and is allowed by State NARM regulations to be disposed of at a low-level radioactive waste disposal facility (LLRWDF) licensed in accordance with 10 CPR part 61

or NRC agreement state equivalent regulations.

(v) 

### Exemptedwaste means a waste that meets the eligibility criteria in paragraph (b)(2) ofthis section andmeets all oftheconditions in paragraph (b)(3) ofthis section, ormeets the eligibility criteria in paragraph (i)(l) 

### ofthis section and complies with all the conditions in paragraph (j)(1) 

### ofthis section. Such waste is conditionally exempted from the regulatory definition ofhazardous waste described in section 371.1 (d) ofthis Title.

(vi) 

### Hazardous waste means any material which is defined to be hazardous waste in accordance with section 371.1 (d) ofthis Title, "Definition ofhazardous waste."

(vii) 

### Land disposal restriction (WR) treatment standards means treatment standards, under Part 376 of this Title, that a RCRA hazardous waste must meet before it can be disposed ofin aRCRA hazardous waste land disposal unit.

(viii) 

### License means alicense as defined in section 380-2.1 ofthis Title. (ix) 

### Low-levelmixedwaste (LLMW) 

### is a waste that contains both low-level radioactive waste and RCRA hazardous waste.

(x)**Low~level** 

### radioactive waste (LLW) 

### is a radioactive waste which contains source, special nuclear. orbyproduct material, and which is not classified as**high~level** 

### radioactive waste, transuranic waste, spent nuclear fuel. or byproduct material as defined in section 11e(2) ofthe Atomic Energy Act (See also definition in section 382.2 ofthis Title.)

(xi) 

### Mixed waste means a waste that contains both RCRA hazardous waste and source. special nuclear. or byproduct material subject to the Atomic Energy Act of 1954, as amended.

(xii) 

### Naturally occurring alld/or accelerator-produced radioactive material (NARM)

means radioactive materials that: (a) 

### are naturally occurring and are not source, special nuclear. orbyproduct materials (as defined 

### by the AEA); or

(b) 

### are produced by an accelerator. NARM is regulated in New York State under State law. or by 

### DOE (as authorized by the AEA) under DOE orders. (xiii) NRCmeans the U. S. Nuclear Regulatory Commission, (xiv) We 

### or 

### us within this section, means the department as defined in section 370.2(b) ofthis Title.

(xv) 

### You means a generator, treater. or other handler of low-level mixed waste or eligible NARM. 

### (b) 

### Storage andtreatment conditional exemption andeligibility, (I) 

### What does a storage and treatment conditional exemption do? The storage and treatment conditional exemption

07-15-2005 6554.1 Conservation

### § 374-1.9 TITLE 6 ENVIRONMENTAL CONSERVATION



### exempts your low-level mixed waste from the regulatory definition of hazardous waste in section 371.1 (d) ofthis Title 

### ifyour waste meets the eligibility criteria in paragraph (2) ofthis subdivision and you meet the conditions in paragraph (3) ofthis subdivision.



### (2) What wastes are eligible for the storage and treatment conditional exemption? Lowlevel mixed waste (LLMW), defined in paragraph (a)(1) of this section, is eligible for this conditional exemption 

### ifit is generated and managed 

### by you under a single license. (Mixed waste generated at a facility with a different license number and shipped to your facility for storage ortreatment requires a pennit and is ineligible for this exemption. 

### In addition, NARM 

### waste is ineligible for this exemption.)

(3) What conditions must you meet for your LLMW to qualify for and maintain a storage <md treatment exemption? (i) 

### For your LLMW to qualify for the exemption you must notify us in writing by certified delivery that you are claiming a conditional exemption for the LLMW stored on your facility. The dated notification must include your name, address, RCRA 

### identification number, license number, the waste code(s) and storage unites) for which you are seeking an exemption, and a statement that you meet the conditions ofthis section. Your notification must be 

### signed by your authorized representative who certifies that the information in the notification is true, accurate, and complete. You must notify us ofyour claim either within 90days oftheeffective date ofthis rule, orwithin90days ofwhen astorage unitis first used to store conditionally exempt LLMW.

(ii) 

### To qualify for and maintain an exemption for your LLMW you must:

(a) 

### store your LLMW waste in tanks or containers in compliance with the requirements ofyour license that apply to the proper storage oflow-Ievel radioactive waste (not including those license requirements that relate solely to recordkeeping); (b) 

### store yourLLMW in tanks or containers in compliance with chemical compatibil

### ity requirements ofatank orcontainerin section 373-2.9(h), or373-2.1O(j), or373-3.9(g),

or 373-3.IO(j) ofthis Title;

(c) 

### certify that facility personnel who manage stored conditionally exempt LLMW

are trained in amannerthatensures thattheconditionally exempt waste is safely managed and includes training in chemical wa"te management and hazardous materials incidents response that meets the personnel training standards found in section 373-3.2(g)(I)(iii) of this Title;

(d) 

### conduct 

### an inventory ofyour stored conditionally exempt LLMW at least annually and inspect it at least quarterly for compliance with this section; and

(e) 

### maintain an accurate emergency plan and provide it to all local authorities who may have to respond to a fire, explosion, or release of hazardous waste or hazardous constituents. Your plan must describe emergency response arrangements with local authorities; describe evacuation plans; list the names, addresses, and telephone numbers of all facility personnel qualified to work with local authorities 

### as emergency coordinators; and list emergency equipment (c) Treatment. (1) 

### What waste treatment does the storage and treatment conditional exemption allow? You may treat your low-level mixed waste at your facility within a tank or containerin accordance with the terms ofyour license. Treatmentthatcannotbe done in atank

orcontainerwithout a RCRA 

### pennit (such as incineration) is notallowedunderthis exemption. (d) Loss of conditional exemption. 

### (I) How could you lose the conditional exemption for your LLMW and what action must you take? (i) 

### Your LLMW will automatically lose the storage and treatment conditional exemption ifyou fail to meet any ofthe conditions specified in paragraph (b)(3) ofthis section. When your LLMW loses the exemption, you must immediately manage that waste which failed the condition as RCRA 

### hazardous waste, and the storage unit storing the LLMW immediately becomes subject to RCRA 

### hazardous waste container and/or tank storage requirements.

6554.1 

### Conservation 07-15-1005CHAPTER IV QUALITY SERVICES 

### § 374-1.9

(0) 

### If 

### you fail to meet any of the conditions specified in paragraph (b)(3) of this section you must 

### repon to us and the agency who issued your license. in writing by certified delivery within 30 days oflearning ofthe failure. Your report must be signed by 

### your authorized representative certifying that the information provided is true, accurate, and complete. This report must include: (1) 

### the specific condition(s) you failed to 

### meet; (2) a 

### description ofthe LLMW (including the waste name, hazardous waste codes and quantity) and storage location at the facility: and

(3) the date(s) on which you failed to meet the condition(s). (b) 

### If the failure to meet any ofthe conditions may endanger human health or the environment, you must also immediately notify us orally within 24 

### hours and follow up with a written notification within five days. Failures that may endanger human health or the environment include, but are not limited to, discharge of a CERCLA reportable quantity 

### or other leaking or exploding tanks or containers, or detection ofradionuclides above background orhazardous constituents in the leachate collection system ofa storage

area. Ifthe failure may endanger human health or the environment, you must follow the provisions ofyour emergency plan. (ij) 

### We may terminate your conditional exemption for your LLMW, orrequire you to meet additional conditions to claim a conditional exemption, for serious or repeated**non~** 

### compliance with any requirement(s) ofthis section. (2) 

### If 

### you lose the storage and treatment conditional exemption for your LLMW, can the exemption be reclaimed? (i) You may reclaim the storage and treatment exemption for your LLMW if:

(a) 

### you again meet the conditions specified in paragraph (b)(3) ofthis section; and (b) 

### you send us a notice by certified delivery that you are reclaiming the exemption for your LLMW. Your notice mustbe signed by your authorized representative certifying that the information contained in your notice is true, complete, and accurate. In your notice you must do the following: (1) 

### explain the circumstances ofeach failure; (2) 

### certify that you have corrected each failure that caused you to lose the exemption for your LLMW and that you again meet all the conditions as of the date you specify;

(3) 

### describeplans that youhaveimplemented, listing specific steps you havetaken, to ensure the conditions will 

### be met in the future: and

(4) 

### include any other information you want us to consider when we review your notice reclaiming the exemption. (ij) 

### We may terminate a reclaimed conditional exemption ifwe find that your claim is inappropriate based on factors including, but not limited to, 

### the following: youhave failed to correct the problem; you explained the circumstances ofthe failure unsatisfactorily; or you failed to implement a plan with steps to prevent another failure to meet the conditions of paragraph (b)(3) ofthis section. 

### In reviewing a reclaimed conditional exemption under this section, we may add conditions to 

### the exemption to ensure that waste management during storage and treatment ofthe LLMW will protect human health and the environment. (e) Recordkeeping. (1) 

### What records must you keep at your facility and for how long? (i) 

### In addition to those records required by your license, you must keep records as follows: (a) 

### your initial notification records, return receipts, reports to 

### us offailure(s) to meet the exemption conditions, and all records supporting any reclaim ofan exemption: (b) 

### records ofyour LLMW annual inventories, and quarterly inspections:

07-15-1005 6554.3 

### Conservation

### § 374-1.9 TITLE 6 ENVIRONMENTAL CONSERVATION

(c) 

### your certification that facility personnel who manage stored mixed waste are trained in safe management ofLLMW including training in chemical waste management

. and hazardous materials incidents response; and (d) 

### youremergency plan as specified in subparagraph (b)(3)(ii) ofthis section. (ii) 

### You must maintain records concerning notification, personnel trained. and your emergency plan for as long as you claim this exemption and for three years thereafter. or in 

### accordance with NRC regulations under 10 CFR part 20 (as incorporated by 

### reference in section 380-1.6[a] ofthis Title), orapplicableregulations in 10 NYCRR Part 16, 12 NYCRR 

### Part 38. and article 175 ofthe New York City 

### Health Code (as incorporated by 

### reference in section 380

w 

### 1.6[a] ofthis Title); whicheveris longer. You must maintain records concerning your annual inventory and quarterly inspections for three years after the waste is sent for disposal, or in accordance with NRC regulations under 10 CFR part 20 (as incorporated by reference in section 380-1.6[a] ofthis Title), or applicable regulations in 10NYCRR Part 16, 12 NYCRR Part 38, and article 175 ofthe New York City Health Code Cas incorporated by 

### reference in section 380-1.6[a] ofthis Title), whichever is longer. (D 

### Reentry into ReRA. 

### (I) When is your LLMW no longer eligible for the storage and treatment conditional exemption? (0 WhenyourLLMW has mettherequirements ofyourlicensefordecay-in-storage and

can be disposed ofas non-radioactive waste, then the conditional exemption for storage no longer applies. On that date your waste is subject to hazardous waste regulation under the relevant sections ofthis Part and Parts 370 through 373 and 376 ofthis Title, and the time period for accumulation ofa hazardous waste as specified in section 372.2(a)(8) ofthis Title begins.

(ij) 

### When your conditionally exempt LLMW, which has been generated and stored under a single license number, is removed from storage, it is no longer eligible for the storage andtreatmentexemption. However, yourwastemay beeligible forthe transportation and disposal conditional exemption at paragraph (h)( 1) ofthis section. (g) 

### Storage unit closure. (1) 

### Do closure requirements apply to units that stored LLMW prior to the effective date ofthis section? Interim status and pennitted storage units that have been used to 

### store only LLMW prior to the effective date ofthis section and, after that date, store only LLMW which becomes exempt under this section, are not subject to the closure requirements ofSubparts 373-2and 373-3 ofthis Title. Storageunits (forportions ofunits) that have been used to storeboth LLMW and non-mixed hazardous waste priorto theeffectivedate ofthis section or are used to store both after that date remain subject to closure requirements with respect to the non-mixed hazardous waste. (h) 

### Transportation anddisposal conditional exemption. (1) 

### What does the transportation and disposal conditional exemption do? This conditional exemption exempts your waste from the regulatory definition ofhazardous waste in section 371.l(d) ofthis Title ifyourwaste meets the eligibility criteria under paragraph (i)(l) 

### of this section, and you meet the conditions in paragraph UlC 1) ofthis section. (n 

### Eligibility. (1) 

### What wastes are eligible for the transportation and disposal conditional exemption? Eligible waste must be: (j) 

### a low-level mixed waste (LLMW). as defined in paragraph (a)(I) ofthis section, that meets the waste acceptance criteria ofa LLRWDF; and/or

(ij) 

### an eligible NARM waste, defined in paragraph (a)(1) ofthis section. (j) 

### Conditions. (I) What are the conditions you must meet for your waste to qualify for and maintain the transportation and disposal conditional exemption? You must meet the following conditions for your eligible waste to qualify for and maintain the exemption: (i) 

### The eligible waste must meet or be 

### treated to meet LDR treatment standards as described in paragraph (2) ofthis subdivision.

(ii) 

### If you are not already subject to 

### Part 381 ofthis Title manifest and transportation regulations for the shipment of your waste. you must manifest and transport your waste

6554.4 ConservationCHAPTER IV QUALITY SERVICES 

### § 374-1.9

according to Pan 38] regulations ofthis Title as described in paragraph (3) ofthis subdivision.

(iii) The exempted waste mustbein containers when 

### itis disposed ofinthe LLRWDF as described in paragraph (6) o1'thi5 subdivision.

(iv) The exempted waste must be disposed ofat a designated LLRWDF as described in paragraph (5) ofthis subdivision. 

### (2) What treatment standards must your eligible waste meet? Your LLMW or eligible NARM waste must meet Land Disposal Restriction (LDR) treatment standards ·specified in section 

### 376.4 ofthis Title.

(3) Are you subject to the manifest and transportation condition in subparagraph (l )(ii) of this subdivision? 

### Ifyou are not already subjectto Part 381 ofthis Title manifest and**transporta~** tionregulations forthe shipment ofyourwaste, you mustmeetthe manifestrequirements under section 381.12 ofthis Title, and the transportation requirements under section 381.11 of this Title to ship the exempted waste. (4) When does the transportation and disposal exemption take effect? The exemption becomes effective once all the following have occurred: (i) your eligible waste meets the applicable LDR treatment standards; (ii) you have received return receipts that you have notified us and the LLRWDF as described in paragraph (k)( 1) ofthis section;

(iii) you have completed the packaging and preparation for shipment requirements for your waste according to packaging and transportation regulations found under section 381.11 ofthis Title; and

(iv) you have prepared a manifest for your waste according to manifest regulations found under section 381.12 ofthis Title; and

(iv) you have placed your waste on a transportation vehicle destined for a LLRWDF licensed by NRC oran NRC agreement state. (5) Where must your exempted waste be disposed of? Your exempted waste must be disposed ofin aLLRWDFthatis regulated andlicensed by NRC under 10CFR part61 orby an NRC agreement state under equivalent State regulations, including State NARM licensing regulations for eligible NARM. (6) What type ofcontainer must be used for disposal ofexempted waste? Yourexempted waste must be placed in containers before it is disposed. The container must be: (i) a carbon steel drum; (ii) an alternative container with equivalent containment performance in the disposal environment as a carbon steel drum; or

(iii) a high integrity container as defined by NRC. (k) 

### Notification. (1) Whom must you notify? (i) You must provide aonetime notice to us stating that you are claiming the transportation and disposal conditional exemption prior to the initial shipment ofan exempted waste from yourfacility to aLLRWDF. Yourdated written notice must include yourfacility name, address, phone number, and RCRA ID number, and be sent by certified delivery.

(ii) You must notify the LLRWDF receiving your exempted wasteby certified delivery before shipment ofeach exempted waste. You can only ship the exempted waste after you have received the return receipt of your notice to the LLRWDF. This notification must include the following: (0) a statement that you have claimed the exemption for the waste; (b) a statement that the eligible waste meets applicable LDR treatment standards; (c) yourfacility's name, address, and RCRA ID number; (£1) the RCRA hazardous waste codes prior to the exemption ofthe waste streams;

07-15-2005 6554.5 Conservation

### § 374-1.9 TITLE 6 ENVIRONMENTAL CONSERVA nON

(e) 

### a statement that the exempted waste must be placed in a container according to paragraph (j)(6) ofthis section prior to 

### disposal in order for the waste to 

### remain exempt under the transportation and disposal conditional exemption ofthis section;

(j) the manifest number ofthe shipment that will contain the exempted waste; and (g) 

### a certification that all the information provided is true, complete. and accurate. The 

### statement must 

### be signed 

### by your authorized representative. (1) 

### Recordkeeping. (1) What records must you keep at your facility and for how long? In addition to those records required by your license, you must keep records as follows: (i) 

### You must follow the applicable existing recordkeeping requirements under sections 373-2.5(c). 373-3.5(c). and 376.1(g) of this Title to demonstrate that yoor waste has met 

### LOR treatment standards prior to your claiming the exemption.

(ii) You must keep a copy of all notifications and return receipts required under paragraphs (m)(l) and (2) 

### ofthis section for three years afterthe exempted waste is sent for disposaL

(iii) You must keep a copy of all notifications and return receipts required under subparagraph (k)(l )(i) ofthis section for three years afterthe last exempted waste is sent for disposal.

(iv) You must keep acopy ofthe notification and return receipt required under subparagraph (k)(l)(ii) ofthis section for three years after the exempted waste is sent for disposal. (v) If you are not already subject to Part 381 of this Title manifest and transportation regulations for the shipment ofyour waste, you must also keep all other documents related to tracking the exempted waste as required under section 381.12 ofthis Title, including applicable 

### NARM requirements, in addition to the records specified in subparagraphs (i) 

### through (iv) of this paragraph. (m) Loss oftransportation anddisposal conditional exemptioll. (1) 

### How could you lose the transportation and disposal conditional exemption for your waste and what actions must you take? (0 

### Any waste will automatically lose the transportation and disposal exemption ifyou fail to manage 

### it in accordance with all ofthe conditions specified in paragraph (j)(1) 

### ofthis section. (a) 

### When you fail to 

### meet any ofthe conditions specified in paragraph (j)(l) ofthis section for any of your wastes, you must report to 

### us, in writing by certified delivery, within 30 

### days oflearning ofthe failure. Your report must be signed by your authorized representative certifying that the information provided is true, accurate, and complete. This report must include: (1) 

### the specific condition(s) that you failed to meet for the waste; (2) 

### a description ofthe waste (including the waste name. hazardous waste codes and quantity) that lost the exemption; and

(3) 

### the date(s) on which you failed to meet the condition(s) for the waste. (b) 

### If the failure to meet any ofthe conditions may endanger human health or the environment, you must also immediately notify us orally within 

### 24 hours and follow up with a written notification within five days. (ij) We may terminate your ability to claim a conditional exemption for your waste, or require you to 

### meet additional conditions to claim a conditional exemption. for serious or repeated noncompliance with any requirement(s) ofthis section. (2) 

### Ifyou lose the transportation and disposal conditional exemption for a waste. can the exemption be reclaimed? (i) 

### You may reclaim the transportation and disposal exemption for a waste after you have received areturn receipt confirming that we have received your notification ofthe loss ofthe exemption specified in subparagraph (1 )(1) 

### ofthis subdivision and if:

6554.6 

### Conservation 07-15-2005CHAPTER IV QUALITY SERVICES 

### § 374-1.13

Explosives ormunitions emergenc.v is as defined in section 370.2(b) ofthis Title. 

### Explosives ormunitions emergency response is as defined in section 370.2(b) ofthis (a) you again meet the conditions specified in paragraph (D( 1) ofthis section for the 

### waste; and

(b) you send a notice, 

### by certified delivery, to us that you are reclaiming the**exemp~** tion for the waste. Yournotice mustbe signed by yourauthorizedrepresentative certifying that the information provided is true, accurate. and complete. The notice must: (1) explain the circumstances ofeach failure; (2) certify that each failure that caused you to lose the exemption for the waste has been corrected and that you again meet all conditions for the waste as ofthe date you specify;

(3) describe plans you have implemented, listing the specific steps that you have taken. to ensure that conditions will be met in the future; and

(4) include any other information you want us to consider when we review your notice reclaiming the exemption. (ij) We may terminate a reclaimed conditional exemption ifwe find that your claim is inappropriate based on factors including, but not limited to: you have failed to correct the problem; you explained the circumstances of the failure unsatisfactorily; or you failed to implement a plan with steps to prevent another failure to meet the conditions ofparagraph (i)( 1) ofthis section. In reviewing a reclaimed conditional exemption under this section, we may addconditions to the exemption to ensure thattransportation and disposal activities will protect human health and the environment.

Historical Note Sec. filed July 5. 2005 eff60 days after filing. 

### § 374-1.13 Military munitions.

(a) 

### Applicability. (l) The regulations in this section identify when military munitions become a solid waste, and, ifthese wastes are also hazardous under this section or Part 371 of this Title, the management standards that apply to these wastes.

(2) Unless otherwise specified in this section, all applicable requirements in Part 370 through Subpart 374-1 and Part 376 ofthis Title apply to waste military munitions. (b) 

### Definitions. In addition to the definitions in section 370.2(b) ofthis Title, the following definitions apply to this section: 

### (I) Active range means a military range that is currently in service and is being regularly used for range activities.

(2) 

### Chemical agents and munitions are defined as in 50 U.S.C. section 1521(i)(l), as incorporated by reference in section 370.l(e) ofthis Title. (3) 

### Directoris as defined in section 370.2(b) ofthis Title. (4) 

### Explosives ormunitionsemergency response specialistis as definedin section 370.2(b) ofthis Title.



### (5) (6) 

### Title. (7) 

### Inactive range means a military range that is not currently being used. but that is still under military control and considered by the military to be a potential range area, and that has not been put to a new use that is incompatible with range activities.

(8) 

### Military means the Department ofDefense (DOD), the Armed Services, Coast Guard, NationaJ Guard, Department ofEnergy (DOE), or other parties under contract or acting as an agent for the foregoing, who handle military munitions.



### (9) Military munitiol1s is as defined in section 370.2(b) ofthis Title. (J0) 

### Military range means designated land and waterareas set aside. managed, and used to conduct research on. develop, test, and evaluate military munitions and explosives, other

07-15-2005 6554.7 Conservation

### § 374-1.13 TITLE6 ENVIRONMENTAL CONSERVATION

ordnance, or weapon systems, or to train military personnel in their use and handling. Ranges 

### .include firing lines and positions, maneuver areas, firing lanes. test pads, detonation pads, impact areas, and bufferzones with restricted access and exclusionary areas. (II) Unexplodedordnance (UXO) means military munitions that have beenprimed, fused, armed, or otherwise prepared for action, and have been fired, dropped. launched, projected. or 

### placed in such a manner as to constitute a hazard to operations. installation. personnel, or material and remain unexploded either by malfunction, design, or any othercause. (c) 

### Definition of solidwaste. (1) A military munition is not a solid waste when: (i) Used for its intended purpose, including:

(a) use in training military personnel or explosives and munitions emergency response specialists (including training in proper destruction ofunused propellant or other munitions); or

(b) use in research, development, testing, andevaluation ofmilitary munitions, weapons, or weapon systems; or

(c) recovery, collection, and on-rangedestruction ofunexploded ordnance and munitions fragments during range clearance activities at active or inactive ranges. However, "

use for intended purpose" does not include the on-range disposal or burial ofunexploded ordnance and contaminants when the burial is not a result ofproduct use. (ii) An unused munition, or component thereof, is being repaired., reused, recycled, reclaimed. disassembled, reconfigured, or otherwise subjected to materials recovery activities, unless such activities involve use constituting disposal as defined in section 37Ll(c)(4)(i) of this Title, or burning for energy recovery as defined in section 371.1(c)(4)(ii) ofthis Title. (2) An unused military munition is a solid waste when any ofthe following occurs:

(i) the munition is abandoned by being disposed of, burned, detonated (except during intended use as specified in paragraph [I] ofthis subdivision), incinerated, ortreated priorto disposal;

(ii) the munition is removed from storage in a military magazine or other storage area for the purpose ofbeing disposed of, burned, orincinerated, ortreated prior to disposal;

(iii) the munition is deteriorated or damaged (e.g., the integrity of the munition is compromised by cracks, leaks. or other damage) to the point that it cannot be put into serviceable condition, and cannot reasonably be recycled or used for other purposes; or

(iv) the munition has been declared a solid waste by an authorized military official. (3) A used or fired military munition is a solid waste:

(i) whentransported offrange orfrom the site ofuse, where the site ofuse is nota range, for the purposes ofstorage, reclamation, treatment, disposal, or treatment prior to disposal;

or(ii) ifrecovered. collected, and then disposed ofby burial, or landfilling eitheron oroff

a range. (4) Forpurposes of

### EeL 27-0701.1, a used or fired military munition is a solid waste, and, therefore, is potentially subject to corrective action authorities under 

### ECL 27-0911 and 71-2727.3, or imminent and substantial endangerment authorities under 

### ECL 71-0301, if the munition lands off-range and is not promptlyrendered safe and/orretrieved. Any imminent and substantial threats associated with any remaining material must be addressed. If remedial action is infeasible, the operator ofthe range must maintain a record ofthe event for as long as any threatremains. The record must include the type ofmunition and its location (to the extent the location is known). (d) 

### Standards applicable to the transportatioll ofsolid waste military munitions. Waste military munitions that are being transported and that exhibit a hazardous waste characteristic or
are listed as hazardous waste under Part 371 ofthis Title are subject to regulation under Parts 370 through 374 and 376 ofthis Title. In addition. the transporterofthe waste must provide oral notice

6554.8 Conservation 07-15-2005CHAPTER IV QUALITY SERVICES 

### § 374-1.13

to the department within 24 hours from the time the transporterbecomes aware ofany loss ortheft 

### ofthe waste military munitions. In addition, a written submission describing the circumstances shall beprovided withinfive days from the time the transporterbecomes aware ofany loss ortheft ofthe waste military munitions.

(e) 

### Standards applicable to emergency responses. Explosives and munitions emergencies 

### involving military munitions or explosives are subject to sections 372.1(b)(3)(i) and (ij) 

### and 373-1.1 (d)(l)(xiii) ofthis Title, or alternatively to section 621.12 ofthis Title.

(f) 

### Standards applicable to the storage ofsolid waste· military munitions. 

### (1) Criteria for hazardous waste regulation ofwaste**non~chemica1** 

### military munitions in storage. (i) Waste military munitions in storage that exhibit a hazardous waste characteristic or
are listed as hazardous waste under Part 371 of this Title, are listed or identified as a hazardous waste (and thus are subjecttoregulation underParts 370through 374andPart376 ofthis Title), unless all the following conditions are met: (a) 

### The waste military munitions are not chemical agents orchemical munitions. (b) 

### The wastemilitary munitions must be subjectto thejurisdictionofthe Department ofDefense ExplosIves Safety Board (DDESB). (c) 

### The waste military munitions must be stored in accordance with the DDESB storage standards applicable to waste military munitions, as incorporated by reference in section 370.1(e) ofthis Title.

(d) 

### Within 90days ofAugust 12, 1997 orwithin 90days ofwhen astorage unitis first used to store waste military munitions, whichever is later. the owner or operator must notify the director ofthe location ofany waste storage unit used to 

### store waste military munitions for which the conditional exemption in this subparagraph is claimed.

(e) 

### The owner or operator must provide oral notice to 

### the director within 24 hours from the time the owner or operator becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of this subparagraph that may endanger health or the environment. In addition, a written submission describing the circumstances shall be provided within five days from the time the owner or operator becomes awareofany loss ortheft ofthe waste military munitions orany failure to 

### meeta condition ofthis subparagraph.

(/) The owner or operator must inventory the waste military munitions at least annually. must inspect the waste military munitions at least quarterly for compliance with the conditions of this subparagraph. and must maintain records of the findings of these inventories and inspections for at least three years.

(g) 

### Access to the stored waste military munitions must be limited to appropriately trained and authorized personnel.

(11) 

### The waste military munitions must be stored at a government-owned facility. (ii) The conditional exemption in subparagraph (i) ofthis paragraph from regulation as hazardous waste shall apply only to the storage ofnon-chemical waste military munitions. It 

### does not affect the regulatory status ofwaste military munitions as hazardous wastes with regard to transportation, treatment or disposal.

(iii) The conditional exemption in subparagraph (i) ofthis paragraph applies only so long as all ofthe conditions in subparagraph (i) 

### ofthis paragraph are met. (2) Notice oftennination ofwaste storage. The owner or operator must notify the director when a storage unit identified in clause (1 )(i)(d) 

### ofthis subdivision will no longer be used to store waste military munitions.

(3) Reinstatement of conditional exemption. If any waste military munition loses its conditional exemption under subparagraph (1 )(i) of this subdivision, an application may be filed with the director for reinstatement ofthe conditional exemption from hazardous**wa~te** 

### storage regulation with respect to such munition as soon as the munition is returned to compliance with the conditions ofsubparagraph (I)(i) ofthis subdivision. Ifthe director finds thaI reinstatement of the conditional exemption is appropriate based on factors such as the**07-15~2005** 6554.9 Conservation

### § 

### 374-1.13 TITLE 6 ENVIRONMENTAL CONSERVAnON



### owner's or operator's provision of a satisfactory explanation of the circumstances of the violation, or a demonstration that the violations are not likely 

### to recur, the director may reinstatetheconditional exemptionunder subparagraph (I)(i) 

### ofthis subdivision. Ifthe director 

### does not take action on the reinstatement application within 60 days after receipt of the application. then reinstatement shall be deemed granted. retroactive to the date ofthe applica

### tion. However. the director may terminate a conditional exemption reinstated 

### by default in the preceding sentence 

### ifhe/she finds that reinstatement is inappropriate based on factors such as 

### the owner's or operator's failure to 

### provide a satisfactory explanation ofthe circumstances of the violation. or failure to demonstrate that the violations are not likely to recur. In reinstating the conditional exemption under subparagraph (1)(i) of this subdivision, the director may specify additional conditions as are necessary to ensure and document proper storage to 

### protect human health and the environment

(4) Wastechemical munitions. (i) Wastemilitary munitions that are chemical agents or chemical munitions and that exhibit ahazardous waste characteristic or are listed as hazardous waste under Part 371 ofthis Title, are listed oridentified as ahazardous waste and shall be subjectto the applicable regulatory requirements ofParts 370through 374and 376 ofthis Title. (ii) Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under Part 371 of this Title, are not subject to the storage prohibition in section 376.5(a) ofthis Title. (5) DDESB storage standards. The DDESB storage standards applicable to waste military munitions. referenced in clause (l)(i)(c) of this subdivision. are DOD 6055.9-STD ("DOD Ammunition and Explosive Safety Standards"), as incorporated by reference in section 370.I(e) ofthis Title. 

### (g) 

### Standards applicable to the treatment and disposal ofwaste military munitions. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural. and technical standards in Parts 370 through 374 and 376 ofthis Title.

Historical Note Sec. filed Sept. 29. 1998 eff. 60 days after tiling.

6554.10 Conservation 07-15-2005CHAPTER IV QUALITY SERVICES



## SUBPART 374-3

STANDARDS 

### FOR UNIVERSAL WASTES 

### § 374-3.1

Sec. 374-3.1 374-3.2 374-3.3 374-3.4 374-3.5 374-3.6 374-3.7 General requirements Standards for small quantity handlers ofuniversal waste Standards for large quantity handlers ofuniversal waste Standards for universal waste transporters Standards for destination facilities Importrequirements Petitions to include other wastes underthis Subpart

Historical Note Subpart (§§ 374-3.1-374-3.7) filed Sept. 29,1998 eff. 60 days afterfiling. 

### § 374-3.1 General requirements.

(a) 

### Scope. (1) This Subpartestablishes requirements for managing the following: (i) batteries as described in subdivision (b) ofthis section; (ii) pesticides as described in subdivision (c) ofthis section; (iii) thermostats as described in subdivision (d) ofthis section; and (iv) lamps as described in subdivision (e) ofthis section. (2) This Subpart provides an alternative set ofmanagement standards in lieu ofregulation under Part 370 through Subpart 374-1, and Part 376 ofthis Title. (b) 

### Applicability-batteries. (1) Batteries covered under this Subpart. (i) The requirements ofthis Subpartapply to persons managing batteries, as described in subdivision (i) ofthis section, except those listed in paragraph (2) ofthis subdivision.

(ii) Spent lead-acid batteries which are not managed under section 374-1.7 ofthis Part,

are subject to martagementunder this Subpart. (2) Batteries not covered under this Subpart. Therequirements ofthis Subpartdo not apply to persons managing the follOWing batteries: (i) Spent lead-acid batteries that are managed under section 374-1.7 ofthis Part. (ii) Batteries, as described in subdivision (i) ofthis section, that are not yet wastes under Part 371 ofthis Title, including those thatdo not meet the criteria for waste generation in paragraph (3) ofthis subdivision.

(iii) Batteries, as described in subdivision (i) of this section, that are not hazardous waste. A battery is a hazardous waste if it exhibits one or more of the characteristics identified in section 371.3 ofthis Title. (3) Generation ofwaste batteries. (i) A used battery becomes a waste on the date it is discarded (e.g., when sentfor reclamation).

(ii) An unused battery becomes a waste on the date the handler decides to discard it. (c) 

### Applicability-pesticides. (1) Pesticides covered under this Subpart. The requirements ofthis Subpart apply to persons managing pesticides, as described in subdivision (i) of this section, meeting the following conditions, except those listed in paragraph (2) of this subdivision: (i) Recalled pesticides that are:

(a) stocks of a suspended and canceled pesticide that are part of a voluntary or mandatory recall under FIFRA section 19(b), incorporated by reference in section 370.1 (e) ofthis Title. including, butnot limited to those owned by the registrant responsible for conducting the recall: or

03-15-2006 6568.2w Conservation

### § 

### 374-3.1 TITLE 6 ENVIRONMENTAL CONSERVATION

(b) 

### stocks ofa suspended or canceled pesticide, or a pesticide that is not in compliance with FIFRA, incorporated by reference in section 370.1 (e) ofthis Title, that are pari ofa voluntary recall by the registrant. \ (ii) Stocks ofotherunused pesticide products that are collected and managed as partofa waste pesticide collection program approved by the department, meeting standards set forth in Subpart 373-4 ofthis Title. (2) Pesticides not covered under this Subpart. The requirements of this Subpart do not apply to persons managing the following pesticides: (i) recalled pesticides described in subparagraph (1)(i) ofthis subdivision, and unused pesticide products described in subparagraph (1 )(ii) ofthis subdivision, that are managed by farmers in compliance with section 372.1 (e)(3)(i) through (iii) of this Title. (Section 372.1 [e][3][i] through [iii] ofthis Title address pesticides disposed ofon the farmer's own farm in a manner consistent with the disposal instmctions on the pesticide label, providing the container is triple rinsed in accordance with Part 325 ofthis Title);

(ii) pesticides not meeting the conditions set forth in paragraph (1) ofthis subdivision. These pesticides must be managed in compliance with the hazardous waste regulations in Part 370 through Subpart 374-1, and Part 376 ofthis Title;

(iii) pesticidesthat are not wastes underPari 371 ofthis Title, including those that do not meetthe criteriafor waste generation inparagraph (3) ofthis subdivisionorthose that are not wastes as described in paragraph (4) ofthis subdivision; and

(iv) pesticides that are not hazardous waste. A pesticide is a hazardous waste if it is listed in section 371.4 of this Title or if it exhibits one or more of the characteristics identified in section 371.3 ofthis Title. (3) When a pesticide becomes a waste. (i) A recalled pesticide described in SUbparagraph (1 )(i) of this subdivision becomes a waste on the first date on which both of the following conditions apply: (a) 

### The generatorofthe recalled pesticide agrees to participate in the recall. (b) 

### The person conducting the recall decides to discard (e.g., 

### bum the pesticide for energy recovery). (ii) An unused pesticide product described in subparagraph (I)(ii) ofthis subdivision becomes a waste on the date the generatordecides to discard it. (4) Pesticides that are not wastes. The following pesticides are not wastes:

(i) Recalled pesticides described in subparagraph (I)(i) of this subdivision, provided that the person conducting the recall: (a) 

### has not made a decision to discard (e.g., 

### bum for energy recovery) the pesticide. Until such a decision is made, the pesticide does not meet the definition of solid waste under section 371.1 (c) ofthis Title; thus the pesticide is not a hazardous waste and is not SUbject to hazardous waste requirements, including this Subpart. This pesticide remains SUbjectto therequirements ofFlFRA, incorporatedby reference in section 370.1 (e) ofthis Title; or

(b) 

### has made a decision to use a management option that, under section 371.1(c) of this Title, does not cause the pesticide to be a solid waste (i.e., 

### the selected option is use [otherthan use constituting disposal] orreuse [otherthan burning for energy recovery], or reclamation). Such apesticide is not a solid waste and therefore is not a hazardous waste, and is not subject to the hazardous waste requirements including this Subpart. This pesticide, including arecalled pesticide that is exported to a foreign destination for use or reuse, remains subject to the requirements ofFIFRA. (ii) Unused pesticide products described in paragraph (l)(ii) ofthis subdivision, ifthe generator ofthe unused pesticide product has not decided to discard (e.g., 

### burn for energy recovery) them. These pesticides remain subject to the requirements ofFlFRA.

6568.2x Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 

### 374-3.1

(d) 

### Applicability-mercury thermostats. (1) Thermostats covered under this Subpart. The requirements of this Subpart apply to persons managing thermostats, as described in subdivision (i) ofthis section, exceptthose listedin paragraph (2) ofthis subdivision.

(2) Thermostats not covered under this Subpart. The requirements ofthis SUbpart do not apply to persons managing the following thermostats: (i) Thermostats that are notyetwastes under Part 371 ofthis Title. Paragraph (3) ofthis subdivision describes when thermostats become wastes.

(ii) Thermostats that are not hazardous waste. A thermostat is 

### a hazardous waste ifit exhibits onc or more ofthe characteristics identified in section 371.3 ofthis Title. (3) Generation ofwastethermostats. (i) Aused thermostatbecomes awasteonthedate it is discarded 

### (e.g

.. sentforreclamation).

(ii) An unusedthermostatbecomes awaste onthe date thehandlerdecides to discard it. (e) 

### Applicability-lamps. (1) Lamps covered under this Subpart. The requirements of this Subpart apply to persons managing lamps as described in subdivision (i) ofthis section, except those listed in paragraph (2) ofthis subdivision.

(2) Lamps notcoveredunderthis Subpart. Therequirements ofthis Subpartdo notapply to persons managing the following lamps. (i) lamps thatarenotyet wastes underpart371 ofthis Title as provided inparagraph (3) ofthis subdivision; and

(il) lamps that arenothazardous waste. Alamp is ahazardous wasteifit exhibits one or
more ofthe characteristics identifiedin section 371.3 ofthisTitle. (3) Generation of waste lamps. (i) A used lamp becomes a waste on the date it is discarded.

(ii) An unused lamp becomes a waste onthe date the handlerdecides to discardit. (g)**[Re6e,.,'e~** (h) 

### Applicability-householdandconditionallyexemptsmallquantitygeneratorwaste. (1) Persons managing the wastes listedin subparagraphs (i) and (ii) ofthis paragraphmay, attheir option, manage them underthe requirements ofthis SUbpart: (i) Household wastes that 

### are exempt under section 371.1(e)(2)(i) ofthis Title and are also ofthe same type as the universal wastes defined at subdivision (i) ofthis section.

(ii) Conditionallyexempt smallquantity generatorwastes thatare exemptunder section 371.1(f) of this Title and are also of the same type as the universal wastes defined in subdivision (i) ofthis section. (2) Persons who commingle the wastes described in subparagraphs (l)(i) and (il) ofthis subdivision together with universal waste regulated under this Subpart must manage the commingled waste undertherequirements ofthis Subpart. (i) 

### Definitions. (1) 

### Battery means a device consisting of one or more electrically connectedelectrochemical cells whichis designedtoreceive, store, and deliverelectric energy. 

### An electrochemical cell is a system consisting ofan anode, cathode, and an electrolyte, plus such connections (electrical andmechanical) as maybeneededto allow the cell to deliverorreceive electrical energy. The term 

### battery also includes an intact, unbroken battery from which the electrolyte has beenremoved.

(2) 

### Destinationfacility means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described 

### in sections 374-3.2(d)(1), (3) and 374·3.3(d)(l), (3) of this Subpart. A facility at which a particular category ofuniversal waste is only accumulated, is not a destination facility for purposes of managing that category ofuniversal waste.

(3) FlFRA means the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y), incorporated by referencein section 370.1 (e) ofthis Title.

01-15·2002 6568.3 Conservation

### § 

### 374-3.1 TITLE 6 ENVIRONMENTAL CONSERVATION

(4) Generator

### means any person, by 

### site, whose act or process produces hazardous waste 

### identified or listed in Pan 371 of this Title or whose act first causes a hazardous waste to 

### become subject to regulation. (5) 

### Lamp, also referredto as universal waste lamp, is defined as thebulp ortube portion of

an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions ofthe electromagnetic spectrum. Examples ofcommonuniversal waste electric lamps include, butare notlimited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps. (6) Large quantity handlerofuniversal waste 

### means auniversal waste handler (as defined in this subdivision) who accumulates 5,000 kilograms ormore total ofuniversal waste**(batter~** 

### ies, pesticides, thermostats orlamps, calculated collectively) at any time. This designation as a large quantity handler ofuniversal waste is retained through the end ofthe calendar year in which 5,000 kilograms or more total ofuniversal waste is accumulated.

(7)**On~site** 

### as defined in section 370.2(b) ofthis Title. (8) Pesticide 

### means any_ substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, orintended for use as aplantregulator, defoliant,

or desiccant, otherthan any article that: (i) is a new animal drug under FFDCA section 201(w), incorporated by reference in section 370.1(e) ofthis Title;

(ii) is an animal drug that has been determined by regulation ofthe Secretary ofHealth and Human Services notto be a new animal drug; or

(iii) is an animal feed underFFDCA section201(x), incorporatedby referencein section 370.1(e) ofthis Title, thatbears orcontains any substances described by subparagraph (i) or (ii) ofthis paragraph. (9) Small quantity handlerof universal waste 

### means auniversal waste handler (as defined in this subdivision) who does not accumulate 5,000kilograms or more total ofuniversal waste (batteries, pesticides, thermostats or lamps, calculated collectively) at any time.

(10) Thermostat 

### means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and**mercury~containing** 

### ampules that have been removed from these temperature control devices in compliance with the requirements of section 374-3.2(d)(3)(iO or 374-3.3(d)(3)(ii) ofthis Suhpart.

(11) Universal waste 

### means any ofthe following hazardous wastes that are subject to the universal waste requirements ofthis Subpart: (i) 

### batteries as described in subdivision (b) 

### ofthis section; (ii) pesticides as described in subdivision (c) ofthis section; (iii) 

### thermostats as described in subdivision (d) ofthis section; and (iv) lamps as described in subdivision (e) ofthis section. (12) Universal waste handler:

(0 

### Means:

(a) 

### a generator (as defined in this subdivision) ofuniversal waste; or (b) 

### the owneroroperatorofa facility, including all contiguous property, thatreceives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination. (ii) Does not mean:

(a) 

### a person who treats (exceptundertheprovisions ofsection**374~3.2[** 

### d][l] or [3]; or 374-3.3[d][1] or [3]), disposes of, orrecycles universal waste; or

(b) 

### a person engaged in the off-site transportation of universal waste by 

### air, rail, highway, or water, including auniversal waste transfer facility.

6568.4 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 374-3.2

(13) Universal waste transferfacility means any**transportation~related** 

### facility including loading docks, parking areas, storage areas and other similarareas where shipments ofuniversal waste arc held during the normal course oftransportation for tcn days or less.



### (14) Universal waste transporter means a person engaged in the off-site transportation of universal waste 

### by air, rail, highway, or water.

Historical Note Sec. filed Sept. 29, 1998; amd. filed Jan. 14,2002 eff. 60 days after filing. 

### §**374~3.2** 

### Standards for small quantity handlers ofuniversal waste.

(a) Applicability. 

### This section applies to small quantity handlers of universal waste (as definedin section 374-3.1 [I] ofthis Subpart). Any non-hazardous waste generated or managedby

a small quantity handler, must comply with all applicable requirements ofPart 360 ofthis Title.

(b) Prohibitions. A small quantity handler ofuniversal waste is:

(1) 

### prohibited from disposing ofuniversal waste; and (2) prohibitedfrom diluting ortreating universal waste, exceptby responding toreleases as provided in subdivision (h) of this section; or by managing specific wastes as provided in subdivision (d) ofthis section. (c) Notification. A small quantity handler ofuniversal waste is not required to notify EPA

orthe department ofuniversal waste handling activities.

(d) Waste management. 

### (1) Universal wastebatteries. A smallquantity handlerofuniversal waste mustmanageuniversal wastebatteriesin awaythatpreventsreleases ofany universal waste or component ofauniversal waste to the environment, as follows: (i) 

### A small quantity handlerofuniversal waste mustcontain any universal wastebattery that shows evidence ofleakage, spillage, ordamage that could cause leakage underreasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents ofthe battery, and must lack evidence ofleakage, spillage, or damage that could cause leakage underreasonably foreseeable conditions.

(ii) A small quantity handler ofuniversal waste may conduct the following activities as long as the casing ofeach individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but must be immediately closed afterremoval): (a) 

### sorting batteries by type; (b) 

### mixing battery types in one container; (c) 

### discharging batteries so as to remove the electric charge; (d) 

### regenerating used batteries; (e) 

### disassembling batteries orbattery packs into individual batteries orcells; (j) 

### removing batteries from consumerproducts; or (g) 

### removing electrolyte from batteries. (iii) A small quantity handlerofuniversal waste whoremoves electrolytefrom batteries,

or who generates other solid waste (e.g., 

### battery pack materials, discarded consumer products) as aresult ofthe activities listed above, must detennine whetherthe electrolyte and/or other solid waste exhibit a characteristic ofhazardous waste identified in section 371.3 of this Title. (a) 

### If the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste, it is subject to 

### all applicable requirements ofParts 370 through Subpart 374-1 and Part 376 ofthis Title. The handleris considered the generator ofthe hazardous electrolyte and/orother waste and is subject to Part 372 ofthis Title.

(b) 

### If 

### the electrolyte or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable Federal, State or local solid waste regulations, including Pan 360 ofthis Title.

OJ· 15·2002 6568.5 Conservation

### § 

### 374-3.2 TITLE 6 ENVIRONMENTAL CONSERVATION



### (2) Universal waste pesticides. A small quantity handler ofuniversal waste must manage universal waste pesticides in a way that prevents releases ofany universal waste orcomponent 

### ofa universal waste to the environment. The universal waste pesticides must be contained in

one Or more ofthe following: (i) acontainerthatremains closed, structurally sound, compatible withthe pesticide, and 

### that lacks evidence ofleakage, spillage, or damage that could cause leakage under reasona

### bly foreseeable conditions; (ii) 

### a container that does not meet the requirements of subparagraph (i) 

### of this paragraph, provided that the unacceptable containeris overpacked in a containerthat does meet the requirements ofsubparagraph (i) ofthis paragraph;

(iii) a tank that meets the requirements of section 373-3.10, except for section 373-3.1O(h)(3), (k) and (1) 

### ofthis Title; or

(iv) a transport vehicle or vessel that is closed, structurally sound, compatible with the pesticide, and that lacks evidence ofleakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. (3) Universal wastethermostats. A small quantity handlerofuniversal waste mustmanage universal waste thermostats in a way that prevents releases ofany universal waste or component ofa universal waste to the environment, as follows: (i) A small quantity handler ofuniversal waste must contain any universal waste thermostat that shows evidence ofleakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents ofthe thermostat, and must lack evidence ofleakage, spillage, or damage thatcould cause leakage underreasonably foreseeable conditions.

(ii) A small quantity handler of universal waste may remove**mercury~containing** 

### ampules from universal waste thermostats provided the handler: (a) 

### removes the ampules in a mannerdesigned to preventbreakage ofthe ampules; (b) 

### removes ampules only overorin acontainmentdevice (e.g., 

### tray orpan sufficient to collect and contain any mercury released from an ampule in case ofbrcakage); (c) 

### ensures that a mercury**clean~up** 

### system is readily available to immediately transfer any mercury resulting from spills orleaks from broken ampules, from the containment device to a containerthat meets the requirements ofsection 372.2(a)(8) ofthis Title; (d) 

### immediately transfers any mercury resulting from spills or leaks from broken ampules from the containmentdeviceto acontainerthat meets therequirements ofsection 372.2(a)(8) ofthis Title;

(e) 

### ensures that the area in which ampules are removed is well ventilated and moniH tored to ensure compliance with applicable OSHA exposure levels for mercury (29 CFR [Labor] as incorporated by reference in section 370.1 [e] ofthis Title);

(j) 

### ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers; (g) 

### stores removed ampules in closed, non-leaking containers that are in good condition; and

(h) 

### packs removed ampules in the container with packing materials adequate to preventbreakage during storage, handling, and transportation. (iii) (a) 

### A small quantity handlerofuniversal waste who removes mercury-containing ampules from thermostats must determine whether the following exhibit a characteristic ofhazardous waste identified in section 371.3 ofthis Title: (1) 

### mercury or**clean~up** 

### residues resulting from spills or leaks; and/or (2) other solid waste generated as a result of the removal of mercury-containing ampules (e.g., 

### remaining thermostat units).

6568.6 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 374-3.2

(b) 

### If the mercury, residues, and/or other solid waste exhibit a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements of Parts 370 through Subpart 374-1 and Part 376 ofthis Title. The handler is considered the 

### generator ofthe mercury, residues, and/or other waste and is subject to 

### Pan 372 ofthis Title. (c) 

### Ifthe mercury, residues, andlor other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable Federal, State or local solid waste regulations and Part 360 ofthis Title. (4) Lamps. A small quantity handler ofuniversal waste must manage lamps in a way that prevents releases ofany universal waste orcomponent ofauniversal wasteto the environment,

as follows: (i) A small quantity handler ofuniversal waste must contain any lamp in containers or packages that are structurally sound, adequate to preventbreakage, and compatible with the contents of the lamps. Such containers and packages must remain closed and must lack evidence ofleakage, spillage ordamage that could cause leakage under reasonably foreseeable conditions.

(ii) A small quantity handlerofuniversal waste must immediately clean up and place in

a container any lamp that is broken and must place in a container any lamp that shows evidence ofbreakage, leakage, or damage that could cause the release ofmercury or other hazardous constituents to the environment. Containers must be closed, structurally sound, compatible with the contents ofthe lamps and must lack evidence of leakage, spillage or damage that could cause leakage or releases ofmercury or other hazardous constituents to the environment underreasonably foreseeable conditions. (e) 

### Labeling/marking. A small quantity handler ofuniversal waste must label or mark the universal waste to identify**th~.type** ofuniversal waste as specifiedbelow: (1) Universal waste batteries (i.e., each battery), or a container in which the batteries are contained, mustbelabeled ormarked clearly with anyone ofthefollowing phrases: "universal waste

- battery(ies)," or "wastebattery(ies)," or "used battery(ies)."

(2) A container, (or multiple container package unit), tank, transport vehicle or vessel in which recalled universal waste pesticides as described in section 374-3.l(c)(l)(i) of this Subpart are contained mustbe labeled or marked clearly with: (i) the label that was on oraccompanied the product as sold or distributed; and (ii) the words "universal waste

- pesticide(s)" or "waste

- pesticide(s)." (3) A container, tank, or transport vehicle or vessel in which unused pesticide products as described in section 374-3.1 (c)(l)(ii) ofthis Subpan are contained must be labeled or marked clearly with: (i) (a) the label that was on the product when purchased, ifstill legible;

(b) ifusing the labels described in clause (a) ofthis subparagraph is not feasible, the appropriate label as required under the Department ofTransportation regulation 49 CFR pan 172, incorporated by reference in section 370.1 (e) ofthis Title; (c) if using the labels described in clauses (a) and (b) of this subparagraph is not feasible, another label prescribed or designated by the waste pesticide collection program administered orrecognized by the department; and (ii) the words "universal waste

- pesticide(s)" or "waste

- pesticide(s)." (4) Universal waste thermostats (i.e., each thermostat), or acontainerin whichthe thermostats are contained, must be labeled or marked clearly with anyone ofthe following phrases: "universal waste

- mercury thcrrnostat(s)," or "waste mercury thermostat(s)," or "usedmercury thennostat(s)." (5) Eachlamp oracontainerorpackagein which suchlamps are containedmust

### be labeled

or marked clearly with one of the following phrases: Universal**Waste~Lamp(s),** or Waste Lamp(s), or Used Lamp(s).

6568.7 Conservation

### § 

### 374-3.2 TITLE 6 ENVIRONMENTAL CONSERVATION

(f) Accumulation time limits. (1) 

### A small quantity handler ofuniversal waste may accumulate universal waste for no longer than onc year from the date the universal waste is generated, or received from another handler, unless the requirements ofparagraph (2) ofthis subdivision are mel.

(2) A small quantityhandlerofuniversal waste may accumulate universal waste forlonger than onc year from the date the universal waste is generated, orreceived from anotherhandler, 

### ifsuch activity is solelyfor thepurpose ofaccumulation ofsuch quantities ofuniversal waste as 

### necessary to 

### facilitate proper recovery, treatment, or disposal. However, the handler bears the burdenofprovingthat such activity is solely for the purpose ofaccumulationofsuch quantities ofuniversal waste as necessary to facilitate proper recovery, treatment, or disposaL

(3) A small quantity handler ofuniversal waste who accumulates universal waste mustbe able to demonstrate the length oftime that the universal waste has been accumulated from the date itbecomes a waste oris received. The handler may make this demonstration by: (i) 

### placing theuniversal waste in a container and marking orlabeling the container with the earliest date that any universal waste in the containerbecame a waste or was received;

(ii) marking or labeling each individual item of universal waste 

### (e.g., each battery or thermostat) with the date it became a waste or was received;

(iii) maintaining aninventory systemon-sitethatidentifies the date eachuniversal waste became a waste or was received;

(iv) maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received;

(v) placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the areabecame a waste or was received; or

(vi) any other method which clearly demonstrates the length oftime that the universal waste has been accumulated from the date itbecomes a waste or is received. (g) 

### Employee training. A small quantity handler ofuniversal waste must inform all employees who handle or have responSibility for managing universal waste. The information must describe proper handling and emergency procedures appropriate to 

### the type(s) ofuniversal waste handled at the facility. (h) 

### Response 10 releases. (l) 

### A small quantity handler ofuniversal waste must immediately contain all releases ofuniversal wastes and otherresidues from universal wastes.

(2) A small quantity handler of universal waste must determine whether any material resulting from the release is hazardous waste, and if so, must manage the hazardous waste in compliance with all applicable requirements ofParts 370 through Subpart 374-1 and Part 376 ofthis Title. The handleris considered the generator ofthe material resulting from the release, andmust manage itin compliance with Part 372 ofthis Title. (i) 

### Off-site shipments.

(1) 

### (i) A small quantity handler ofuniversal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility,

or a foreign destination.

(ii) When universal waste is being transported offsite, the requirements ofPart 364 of this Title mustbe met. (2) If a small quantity handler ofuniversal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and must comply with the transporter requirements ofsection 374-3.4 ofthis Subpart and Part 364 ofthis Title while transporting the universal waste.

(3) If a universal waste being offered for off-site transportation meets the definition of hazardous materials underCFR49 parts 171-180, incorporatedby referencein section 370.1 (e) ofthis Title, a small quantity handlerofumversal waste mustpackage, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable

6568.8 Conservation**01~15~2002**CHAPTER IV QUALITY SERVICES 

### § 

### 374-3.3

Department of Transportation regulations under 49 CFR parts 172-180 as incorporated by reference in section 

### 370. 1(e) ofthis Title. 

### (4) Prior to sending a shipment ofuniversal waste to another universal waste handler, the originating handler must ensure thatthe receiving handler agrees to receive the shipment.



### (5) Ifa 

### small quantity handler ofuniversal waste sends a shipment ofuniversal waste to another handler orto a destination facility andthe shipmentis rejected 

### by the receiving handler



### or destination facility, the originating handler must either: 0) receive the waste 

### back when notified that the shipment has been rejected; or (ii) 

### agree with 

### the receiving handler on a destination facility to which the shipment will be sent. (6) Asmall quantityhandlerofuniversal waste may rejecta shipmentcontaining universal waste, or aportionofa shipmentcontaining universal waste thatthe small quantity handlerhas received from another handler. If 

### a handler rejects a shipment or a portion ofa shipment, the handler must contact the originating handler to notify them of the rejection and to 

### discuss reshipment ofthe load. The handler must: (i) send the shipmentback to the originating handler; or (ii) 

### if agreed to by both the originating and receiving handler, send the shipment to a destination facility. (7) If

### asmall quantity handlerofuniversal wastereceives a shipmentcontaininghazardous waste that is not a universal waste, the handler must immediately notify the appropriate department regional director ofthe illegal shipment, and provide the name, address, and phone number ofthe originating shipper. The department regional director will provide instructions for managing the hazardous waste.

(8) Ifa small quantity"handler ofuniversal waste receives a shipment of**non~hazardous, non~universal**  

### waste, the handler may manage the waste in any way that is in compliance with applicable Federal, State orlocal solid waste regulations, including Pan 360 ofthis Title. (j) 

### Tracking universal waste shipments. 

### A small quantity handler ofuniversal waste is not required to keep records ofshipments ofuniversal waste. (k) Exports. 

### A small quantity handler ofuniversal waste who sends universal waste to a foreign destination other than to those GEeD countries specified in section 372.5(h)(1)(i) ofthis Title (in which case the handler is subject to the requirements ofsection 372.5[h] ofthis Title) must:(I) comply with the requirements applicable to a primary exporter in section 372.5(c),

(f)(l)(i) through (iv) and (vi), (f)(2) and (g) ofthis Title;



### (2) export such universal waste only upon consent ofthe receiving country and in**con~** 

### fonnance with the EPA acknowledgment ofconsent as defined in section 372.5 ofthis Title; and

(3) provide a copy of the EPA acknowledgment of consent for the shipment to the transportertransporting the shipmentfor export.

Historical Note Sec. filed Sept. 29, 1998; amd. filedJan. 14,2002 eff. 60 days afterfiling. Amended (a), (d)- (e). 

### §**374~3.3** 

### Standards for large quantity handlers ofuniversal waste.

(a) Applicability. 

### This section applies to large quantity handlers of universal waste (as definedin section 374-3.1 [1} of

### this Subpart). Any non-hazardous waste generatedor managedby

alarge quantity handler, must comply with all applicable requirements ofPart 360 ofthis Title.

(b) Prohibitions. 

### A large quantity handler ofuniversal waste is:

(1) 

### prohibited from disposing ofuniversal waste; and

6568.9 Conservation

### § 374-3.3 TITLE 6 ENVIRONMENTAL CONSERVATION

(2) prohibited from diluting ortreating universal waste, exceptbyresponding to releases as provided in subdivision (h) of this section; or 

### by managing specific wastes as provided in subdivision (d) ofthis section. (c) 

### Notification.

(1) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, a large quantity handler ofuniversal waste must have sent written notification ofuniversal waste managementto the EPA regional administrator, andreceived an EPA identification number, 

### before meeting or exceeding the 5,000 kilogram storage limit.

(ii) A large quantity handler of universal waste who has already notified EPA of his hazardous waste management activities and has received an EPA identification number is not requiredto renotify under this subdivision.

(iii) Alarge quantity handler ofuniversal waste who manages recalled universal waste pesticides as described in section 374-3.l(c)(l)(i) ofthis Subpart and who has sent notificationto EPA as requiredby 40 CFR part 165, as incorporatedby reference in section 370.l(e) ofthis Title, is not required to notify for those recalled universal waste pesticides under this 

### subparagraph. (2) This notification must include:

(i) the universal waste handler's name and mailing address; (ii) the name and business telephone number of the person at the universal waste handler's site who should be contacted regarding universal waste management activities;

(iii) the address or physical location ofthe universal waste management activities; (iv) a list ofall ofthe types ofuniversal waste managed by the handler (e.g., batteries, pesticides, thermostats, lamps); and

(v) a statementindicating thatthe handleris accumulating more than 5,000 kilograms of universal waste at one time and the types of universal waste (e.g., batteries, pesticides, thermostats, and lamps) the handleris accumulating above this quantity. (d) 

### Waste management. (l) Universal wastebatteries. A largequantity handlerofuniversal wastemustmanageuniversal wastebatteries in a way thatprevents releases ofany universal waste orcomponent ofauniversal waste to the environment, as follows: (0 Alargequantity handlerofuniversal waste mustcontain any universal waste battery that shows evidence ofleakage, spillage, ordamagethat couldcause leakage underreasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents ofthe battery, and must lack evidence ofleakage, spillage, or damage that could cause leakage underreasonably foreseeable conditions.

(ii) Alarge quantity handler ofuniversal waste may conduct the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but must be immediately closed afterremoval): (a) sorting batteries by type; (b) mixing battery types in one container; (c) discharging batteries so as to remove the electric charge; (d) regenerating used batteries; (e) disassembling batteries orbattery packs into individual batteries or cells; (j) removing batteries from consumerproducts; or (g) removing electrolyte from batteries. (iii) Alarge quantity handlerofuniversal waste who removes electrolyte from batteries,

or who generates other solid waste (e.g., battery pack materials, discarded consumer products) as aresult ofthe activities listed above, must detennine whetherthe electrolyte and/or other solid waste exhibit a characteristic of hazardous waste identified in section 371.3 of this Title.

6568.10 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 374-3.3

(a) 

### If the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste, it 

### must be managed in compliance with all applicable requirements ofParts 370 through Subpart 374-1 and Pan 376 ofthis Title. The handler is considered the generator ofthe hazardous electrolyte and/or other waste and is subject to Part 372 ofthis Title.

(b) If

### the electrolyte or other solid waste is not hazardous, the handler may manage the wasle in any way that is in compliance with 

### applicable Federal, State or local solid waste regulations and Part 360 ofthis Title. 

### (2) Universal waste pesticides. A large quantity handler ofuniversal waste must manage universal waste pesticides in a way thatprevents releases ofany universal waste orcomponent of a universal waste to 

### the environment. The universal waste pesticides must be contained in

one or more ofthe following: (0 A container that remains closed, structurally sound, compatible with the pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. (ii) A container that does not meet the requirements of subparagraph (i) ofthis paragraph, provided that the unacceptable containeris overpacked in a containerthat does meet the requirements ofsubparagraph (i) ofthis paragraph. (iii) A tank that meets the requirements of section 373-3.10, except for section 373-3.1O(h)(3), (k) and (1) 

### ofthis Title.



### (iv) A transport vehicle or vessel that is closed, structurally sound, compatible with the pesticide, and that lacks evidence ofleakage, spillage, or damage that could cause leakage underreasonably foreseeable conditions. (3) Universal waste thermostats. A large quantity handler ofuniversal waste must manage universal waste thermostats in a way that prevents releases ofany universal waste or component ofauniversal waste to'the environment, as follows: (i) Alargequantity handlerofuniversal wastemustcontain anyuniversal waste thermostat that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in acontainer. The container mustbe closed, structurally sound, compatible with the contents ofthe thermostat, and must lack evidence ofleakage, spillage, or damage that could cause leakage underreasonably foreseeable conditions.

(ii) A large quantity handler of universal waste may remove mercury-containing ampules from universal waste thermostats providedthe handler: (a) 

### removes the ampules in amanner designed to preventbreakage ofthe ampules; (b) 

### removes ampules only over orin acontainment device (e.g.•

### tray orpan sufficient to contain any mercury released from an ampule in case ofbreakage); (c) 

### ensures that a mercury clean-up system is readily available to 

### immediately transfer any mercuryresulting from spills orleaks from broken ampules, from thecontainment device to acontainerthat meets the requirements ofsection 372.2(a)(8) ofthis Title;

(d) 

### immediately transfers any mercury resulting from spills or leaks from broken ampules from the containmentdevice to acontainerthatmeets therequirements ofsection 372.2(a)(8) ofthis Title;

(e) 

### ensures that the area in which ampules are removed is well ventilated and**moni~** 

### tored to ensure compliance with applicable OSHA exposure levels for mercury (Code of FederalRegulations 

### [Labor] incorporated by reference in section 370.1 [e] ofthis Title);

(j) 

### ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer ofmercury from containment devices to appropriate containers;

(g) 

### stores removed ampules in closed, non"leaking containers that arc in good condition;and (h) 

### packs removed ampules in the container with packing materials adequate to preventbreakage during storage, handling, andtransportation.

01-15-2002 6568.II Conservation

### § 374-3.3 TITLE 6 ENVIROI',MENTAL CONSERVATION

(iii) (a) A large quantity handler ofuniversal waste who removes**mercury~containing** ampules from thermostats must determine whether the following exhibit a characteristic ofhazardous waste identified in section 371.3 ofthis Title: (1) mercury or clean-up residues resulting from spills or leaks; andlor 

### (2) other solid waste generated as a result ofthe removal of mercury-containing ampules (e.g.• remaining thermostat units). (b) 

### If 

### the mercury, residues, and/or other solid waste exhibit a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements of Parts 370 through Subpart 374-1 and Part 376 oftbis Title. The handler is considered the generator ofthe mercury, residues, and/or other waste and is subject to Part 372 ofthis Title.

(c) If the mercury, residues, andlor other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable Federal, State or local solid wasteregulations, including Part 360 ofthis Title. (4) Lamps. A large quantity handler ofuniversal waste must manage lamps in a way that prevents releases ofany universal waste componentofauniversal waste to the environment, as follows: (i) A large quantity handler ofuniversal waste must contain any lamp in containers or packages that are structurally sound, adequate to preventbreakage, and compatible with the contents of the lamps. Such containers and packages must remain closed and must lack evidence ofleakage, spillage ordamage that could cause leakage under reasonably**foresee~** able conditions.

(ii) Alargequantityhandlerofuniversal waste mustimmediately cleanup andplace in a container any lamp that is broken and must place in a container any lamp that shows evidence ofbreakage, leakage, or damage that could cause the release ofmercury or other hazardous constituents to the environment. Containers must be closed, structurally sound, compatible with the contents ofthe lamps and must lack evidence ofleakage, spillage or damage that could cause leakage or releases ofmercury or other hazardous constituents to the environment underreasonably foreseeable conditions. (e) 

### Labeling/marking. A large quantity handler ofuniversal waste must label or mark the universal waste to identify the type ofuniversal waste as specified below: (1) Universal waste batteries 

### (i.e., each battery), or a container or tank in which the batteries are contained, must be labeled or marked clearly with anyone of the following phrases: "universal waste

- battery(ies)," or "waste battery(ies)," or "used battery(ies)." (2) A container (or multiple container package unit), tank, transport vehicle or vessel in which recalled universal waste pesticides as described in section 374--3.I(c)(l)(i) of this Subpart are contained mustbe labeled or marked clearly with: (i) the label that was on or accompanied the product as sold or distributed; and (ii) the words "universal waste

- pesticide(s)" or "waste

- pesticide(s)." (3) A container, tank, or transport vehicle or vessel in which unused pesticide products as described in section 374-3.1(c)(1)(ii) ofthis Subpart are contained must be labeled or marked clearly with: (i) (a) the label that was on the product when purchased, ifstill legible;

(b) ifusing the labels described in clause (a) ofthis subparagraph is not feasible, the appropriate label as required under the Department ofTransportation regulation 49 CFR part 172, incorporatedby reference in section 370.1 (e) ofthis Title; (c) if using the labels described in clauses (a) and (b) of this subparagraph is not feasible, another label prescribed or designated by the pesticide collection program administered orrecognizedby the department; and (ii) the words "universal waste

-pesticide(s)" or "waste

- pesticide(s)."

6568.12 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 374-3.3

(4) Universal waste thermostats (i.e., 

### each thermostat), or a container or tank in which the thermostats are contained, must be labeled or marked clearly with anyone of the following phrases: "universal waste

- mercury therrnostat(s)," or "waste mercury thennostat(s)," or "used mercury thermostat(s)."



### (5) Each lamp oracontainerorpackagein which suchlamps arc contained mustbelabeled

or marked clearly with anyone ofthe following phrases: Universal**Waste~Lamp(s),** 

### or Waste Lamp(s). or Used Lamp(s). (0 

### Accumulation time limits. 0) 

### A large quantity handler ofuniversal waste may accumulate universal waste for no longer than one year from the date the universal waste is generated, or received from another handler, unless the requirements ofparagraph (2) ofthis subdivision are met.

(2) A 

### large quantity handler ofuniversal waste may accumulate universal waste for longer than one year from the date the universal waste is generated, orreceived from anotherhandler, ifsuch activity is solely for the purpose ofaccumulation ofsuchquantities ofuniversal waste as necessary to facilitate properrecovery, treatment, or disposal. However, the handlerbears the burden of proving that such activity was solely for the purpose of accumulation of such quantities ofuniversal waste as necessary to facilitate properrecovery, treatment, or disposal. (3) A 

### large quantity handler ofuniversal waste must be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. The handler may makethis demonstration by: (i) 

### placing the universal waste in acontainer and marking or 

### labeling the containerwith the earliest date that any universal waste in the containerbecame a waste or was received;

(ii) 

### marking or labeling the individual item of universal waste 

### (e.g., each battery or thermostat) with the date itbecame a waste or was received;

(iii) 

### maintaining anIhventory system**on~site** 

### that identifies the date the universal waste being accumulated became a waste or 

### was received;

(iv) maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group ofuniversal waste items or a group of containers ofuniversal waste became a waste or was received;

(v) placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received; or

(vi) any other method which clearly demonstrates the length oftime that the universal waste has been accumulated from the date itbecomes awaste oris received. (g) 

### Employee training. A 

### large quantity handler of universal waste must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relative to theirresponsibilities during nonna1 facility operations and emergencies.

(h) 

### Response to releases. (1) 

### A large quantity handler ofuniversal waste must immediately contain all releases ofuniversal wastes and otherresidues from universal wastes.

(2) A 

### large quantity handler of universal waste must detennine whether any material reSUlting from the release is hazardous waste, and if so, must manage the hazardous waste in compliance with all applicable requirements ofParts 370 through Subpart 374-1 and Part 376 ofthis Title. Thehandleris considered the generatorofthe material resulting from the release, and is subject to Part 372 ofthis Title. (i) 

### Off-site shipments.

(1) 

### (i) 

### A large quantity handler ofuniversal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility,

or a foreign destination.

(ii) When universal waste is being transported offsite, the requirements ofPart 364 of this Title mustbe met. (2) 

### If a large quantity handler ofuniversal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and

6568.13 

### Conservation

### § 374-3.3 TITLE 6 ENVIRONMENTAL CONSERVATION

must comply with the transporterrequirements ofsection 374-3.4 ofthis Subpart and Part 364 ofthis Title while transporting the universal waste.

(3) 

### If 

### a universal waste being offered for off-site transportation meets the definition of 

### hazardous materials under 49 CPR 171 through 180, as incorporated by 

### reference in section 370.1(e) ofthis Title, alarge quantity handlerofuniversal waste mustpackage, label, mark and placard the shipment, andpreparethepropershipping papers in accordance with the applicable DepartmentofTransportationregulations under49 CFRparts 172through 180, as incorporated 

### by reference in section 370.1(e) ofthis Title.

(4) 

### Prior to sending a shipment ofuniversal waste to another universal waste handler, the originating handler must ensure that the receiving handleragrees to receive the shipment.

(5) 

### If a large quantity handler ofuniversal waste sends a shipment ofuniversal waste to anotherhandler orto a destination facility and the shipmentis rejected by the receiving handler

ordestination facility, the originating handlermust either: CO receive the waste back when notified that the shipment has been rejected; or (ii) agree with the receiving handler on a destination facility to which the shipment will 

### be sent. (6) A large quantity handlerofuniversal waste may reject a shipmentcontaining universal waste, ora portion ofa shipment containing universal waste that the handlerhas received from another handler. 

### If a handler rejects a shipment or a portion of a shipment, the handler must contact the originating handlerto notify them ofthe rejection and to discuss reshipment ofthe load. The handler must: (i) send the shipmentback to the originating handler; or (ii) if agreed to by both the originating and receiving handler, send the shipment to a destination facility. (7) Ifa large quantity handlerofuniversal waste receives a shipmentcontaining hazardous waste that is not a universal waste, the handler must immediately notify the appropriate departmentregional directorofthe illegal shipment, andprovide the name, address, and phone number ofthe originating shipper. The department regional director will provide instructions for managing the hazardous waste.

(8) If a large quantity handler ofuniversal waste receives a shipment ofnon-hazardous, non-universal waste, the handler may manage the waste in any way that is in compliance with applicable Federal, State orlocal solid waste regulations, including Part 360 ofthis Title. (j) 

### Tracking universal waste shipments. (l) Receipt of shipments. A large quantity handler ofuniversal waste must keep arecord ofeach shipment ofuniversal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. Therecord for each shipmentofuniversal waste received must includethe foHowing information: (i) The name and address ofthe originating universal waste handler or foreign shipper from whomthe universal waste was sent.

(ii) The quantity of each type of universal waste received (e.g., batteries, pesticides, thermostats).

(iii) The date ofreceipt ofthe shipment ofuniversal waste. (2) Shipments off-site. A large quantity handler ofuniversal waste must keep a record of each shipment ofuniversal waste sent from the handlerto other facilities. Therecord may take the form ofa log, invoice, manifest, bill oflading or other shipping document. The record for each shipment ofuniversal waste sent must include the following information: (i) The name and address ofthe universal waste handler, destination facility, orforeign destination to whom the universal waste was sent.

(ii) Thequantity ofeachtype ofuniversal waste sent

### (e.g., batteries, pesticides, thermostats).

(iii) The date the shipment ofuniversal waste left the facility.

6561.t]4 Conservation 01-15·2002CHAPTER IV QUALITY SERVICES

(3) Record retention. (i) A large quantity handler of universal waste must retain the records described in paragraph (1) ofthis subdivision for at leastthree years from the date of receipt ofa shipmentofuniversal waste.

(ii) A large quantity handler of universal waste must retain the records described in paragraph (2) ofthis subdivision foratleastthreeyears from the date ashipmentofuniversal waste left the facility. (k) Exports. A large quantity handler ofuniversal waste who sends universal waste to a foreign destination otherthan to those DECD countries specified in section 372.5(h)(I)(i) ofthis Title (in which case the handler is subject to the requirements of section 372.5(h] ofthis Title) must:(1) comply with the requirements applicable to a primary exporter in section 372.5(c),

(f)(1)(i) through (iv) and (vi), (f)(2) and (g) ofthis Title;

(2) export such universal waste only upon consent ofthe receiving country and in conformance with the EPA acknowledgment ofconsent as defined in section 372.5 ofthis Title; and

(3) provide a copy of the EPA acknowledgment of consent for the shipment to the transporter transporting the shipmentfor export.

llistoricalNote Sec. filed Sept. 29, 1998; amd. filed Jan. 14,2002eff. 60 days after filing. Amended (a), (c)- (d). 

### § 374-3.4 Standards for universal waste transporters.

(a) Applicability. (1) This section applies to universal waste transporters (as defined in section 374-3.1 [i] ofthis Subpart).**(~** 

### PM'!: 364 afll1is 'Ht:le !HAS lI:fllllitlS ttl 

### !lsi. tlF8!H 'Ilste tHB9flBFttlll8. (b) Prohibitions. A universal waste transporteris:

(1) prohibited from disposing ofuniversal waste; and (2) prohibitedfromdilutingortreatinguniversal waste, exceptby respondingto releases as providedin subdivision (e) oftbis section. (c) Waste management. (1) A universal waste transporter must comply with all applicable U.S. DepartmentofTransportation regulations in 49 CPR parts 171 through 180, incorporated by reference in section 370.l{e) ofthis Title. for transport of any universal waste that meets thedefinition ofhazardous material in 49 CFR 171.8. Forpurposes ofthe Departmentof Transportation regulations, a material is considered a hazardous waste ifit is subject to the hazardous wastemanifestrequirements oftheU.S. EnvironmentalProtectionAgency specified in40 CPR part 262. Becauseuniversal waste does notrequire ahazardous waste manifest, itis not considered hazardous waste underthe Department ofTransportation regulations.

(2) Some universal waste materials are regulated by the Department ofTransportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CFR 173.2. As universal waste shipments donotrequire a manifestunder40 CPR262, they may not be described by the DOT proper shipping name "hazardous waste, (I) or (s), n.o.s.,"

nor may the hazardous material's proper shipping name be modified by adding the word Uwaste.'" (d) Storage time limits. (I) A universal waste transporter may only store the universal waste at a universal waste transferfacility for 10 days orless.

(2) If a universal waste transporter stores universal waste for more than 10 days, the transporter becomes a universal waste handler and must comply with the applicable requirements ofsection 374-3.2 or 374-3.3 ofthis Subpart while storing theuniversal waste. {e} Response to releases. (I) A universal waste transportermust immediately contain all releases ofuniversal wastes and otherresidues from universal wastes.

01-15·2002 6568.15 Conservation

### § 374-3.4 TITLE 6 ENVIRONMENTAL CONSERVATION



### (2) A universal waste transporter must detennine whether any material resulting from the release is hazardous waste, and 

### ifso, it is subjectto all applicable requirements ofParts 370 through Subpart 374-1 and Pan 376 ofthis Title. If the waste is determined to be a hazardous waste, the transporteris subject to generalOfrequirements under Part 372 ofthis Title. (f) Off-site shipments. (1) 

### A universal waste transporter is prohibited from transporting the universal waste to 

### a place other than a universal waste handler, a destination facility, or a foreign destination.



### (2) Ifthe universal waste being shipped off-site meets the Department ofTransportation's definition ofhazardous materials under 49 CFR 171.8, incorporated by reference in section 370.1(e) ofthis Title, the shipment must be properly described on a shipping paper in accordance with the applicable Department ofTransportation regulations under 49 CFR 

### part 172, incorporatedby reference in section 370.l(e) ofthis Title. (g) 

### Exports. A universal waste transporter transporting a shipment ofuniversal waste to a foreign destination other than to those OEeD countries specified in section 372.5(h)(1 )(i) 

### ofthis Title (in which case the transporteris subjectto the requirements ofsection 372.5[h] ofthis Title) may not accept a shipment ifthe transporter knows the shipment does not confonn to the EPA acknowledgmentofconsent. 

### In addition the transporter must ensure that: (1) a copy ofthe EPA acknowledgment ofconsent accompanies the shipment; and (2) the shipment is delivered to the facility designated by the person initiating the shipment.

Historical Note Sec. filed Sept. 29, 1998; amd. filed Jan. 14,2002eff. 60 days afterfiling. Amended (a)(l). 

### § 374-3.5 Standards for destination facilities.

(a) 

### Applicability. (1) 

### Theowneroroperatorofa destination facility (as defined in section 374-3.1[i] ofthis Suhpart) is suhject to all applicable requirements ofSubparts 373-1, 373-2, 

### 373-3,374-1, Parts 376 and 621 ofthis Title, and the notification requirement under section 3010 ofRCRA.



### (2) Theowneroroperatorofadestinationfacility thatrecycles aparticularuniversal waste without storing that universal waste before it is recycled must comply with section 371.1 (g)(3)(ii) ofthis Title. (b) 

### Off-site shipments. (1) 

### The owner or operator of a destination facility is prohibited from sending ortaking universal waste to a place otherthan a universal wastehandler, another destination facility orforeign destination,

(2) The owner or operator of a destination facility may reject a shipment containing universal waste, or aportion ofa shipmentcontaining universal waste. If

### the owneroroperator ofthe destination facility rejects a shipment or a portion ofa shipment, the owner or operator must contact the shipper to notify the shipper ofthe rejection and to discuss reshipment ofthe load. The owneroroperator ofthe destination facility must: (i) 

### sendthe shipmentback to the original Shipper; or (ii) ifagreed to by both the shipper andthe owneroroperatorofthe destination facility, send the shipmentto anotherdestination facility. (3) If the owner or operator of a destination facility receives a shipment containing hazardous waste that is not a universal waste, the owner or operator ofthe destination facility must immediately notify the appropriate department regional director ofthe illegal shipment, and provide the name, address, and phone number of the shipper. The department regional director will provideinstructions for managing the hazardous waste.

(4) Ifthe owneroroperator ofadestination facility receives a shipment of**non~hazardous, non~universal**  

### waste, the owner or operator may manage the waste in any way that is in compliance with applicable Federal or State solid waste regulations.

6568.16 ConservationCHAPTER IV QUALITY SERVICES 

### § 374-3.7

(c) Tracking universal waste shipments. (l) 

### The owner or operatorofa destination facility must keep arecord ofeach shipment ofuniversal waste received at the facility. The record may take the form ofa log, invoice, manifest, bill oflading, or other shipping document. The record for each shipment ofuniversal waste received must include the following information: (i) The name and address ofthe universal waste handler, destination facility, or foreign shipper from whom the universal waste was sent.

(ii) The quantity ofeach type of universal waste received (e.g., 

### batteries, pesticides, thermostats)

.

(iii) The date ofreceipt ofthe shipment ofuniversal waste. (2) The owner or operator of a destination facility must retain the records described in paragraph (I) ofthis subdivision for atleastthree years from thedateofreceipt ofa shipmentof universal waste.

Historical Note Sec. filed Sept. 29, 1998: amd. filed Jan. 14,2002 eff. 60 days after filing. Amended (a)(1). 

### § 374-3.6 Import requirements.

(a) Imports. 

### Persons managing universal waste that is importedfrom aforeign country into the United States are subjectto the applicable requirements ofthis SUbpart, immediately afterthe waste enters the United States, as indicated in paragraphs (1) 

### through (4) ofthis subdivision. (l) 

### Auniversal waste transporteris subject to the universal waste transporterrequirements ofsection 374-3.4 ofthis Subpart.

(2) A universal waste handleris subject to the small or large quantity handler ofuniversal waste requirements ofsection 374-3.2 or 374-3.3 ofthis Subpart, as applicable.

(3) An owner or operator of a destination facility is subject to the destination facility requirements ofsection 374-3.5 ofthis Subpart.

(4) Persons managing universal waste thatis imported from an 

### OECD country as specified in section 372.5(h)(1)(i) ofthis Title are subject to paragraphs (1) through (3) ofthis subdivision, in addition to the requirements ofsection 372.5(h) ofthis Title.

Historical Note Sec. filed Sept. 29, 1998 eff. 60days after filing. 

### § 374-3.7 Petitions to include other wastes under this Subpart.

(a) General. (l) 

### Any person seeking to add ahazardous waste oracategory ofhazardous waste to this 

### Part may petition for a regulatory amendment under this Subpart and section 370.5(a) and (c) ofthis Title.

(2) To be successful, the petitioner must demonstrate to the satisfaction ofthe commissioner that regulation under the universal waste regulations ofthis Subpart: is appropriate for the waste orcategory ofwaste; will improve managementpractices for the waste orcategory of waste; and will improve implementation ofthe hazardous waste program. The petition must include the information required by section 370.5(a)(2) ofthis Title. The petition should also address as many ofthe factors listed in subdivision (b) ofthis section as are appropriate for the waste orwaste category addressed in the petition.

(3) 

### The commissioner will evaluate petitions using the factors listed in subdivision (b) of this section. The commissioner will grant ordeny a petition using the factors listed in subdivision (b) ofthis section. The decision will be based on the weight ofevidence showing that regulation under this Subpart is appropriate for the waste or category ofwaste, will improve management practices for the waste orcategory ofwaste, and will improve implementation of the hazardous waste program. (b) Factorsfor petitions to include other wastes under this Subpart. 

### (1) The waste or category ofwaste, as generatedby a wide variety ofgenerators, is listedin section 371.4 ofthis Title, or (ifnot listed) a proportion ofthe waste stream exhibits one or more characteristics of

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### § 

### 374-3.7 TITLE 6 ENVIRONMENTAL CONSERVATION



### hazardous waste identified in section 371.3 ofthis Title. (When acharacteristic waste is added to the universal waste regulations ofthis Subpartby using ageneric name to identify the waste category [e.g., 

### batteries], the definition ofuniversal waste in sections 370.2[b] and 374-3.1 [i] of \ this Title will be amended to include only the hazardous waste portion ofthe waste category [e.g., 

### hazardous waste batteries]). Thus, only the portion ofthe waste stream that does exhibit

one or more charactelistics (i.e., 

### is hazardous waste) is SUbject to the universal waste regulations ofthis Subpart.

(2) The waste or category of waste is not exclusive to a specific industry or group of industries, is commonly generated by a wide variety oftypes ofestablishments (including, for example, households, retail and commercial businesses, office complexes, conditionally exempt small quantity generators, small businesses, government organizations, as well as large industrial facilities).

(3) The waste orcategory ofwaste is generatedby alarge numberofgenerators (e.g., 

### more than 1.000 nationally) and is frequently generated in relatively small quantities by each generator.

(4) Systems to be used for collecting the waste orcategory ofwaste (including packaging, marking, and labeling practices) would ensure close stewardship ofthe waste.

(5) The risk posed by the waste orcategory ofwaste during accumulation and transport is relatively low compared to other hazardous wastes, and specific management standards proposed or referenced by the petitioner (e.g., 

### waste management requirements appropriate to be added to 

### sections 374-3.2[d], 374-3.3[d] and 374-3.4[c] of this Subpart; and/or applicable Department of Transportation requirements) would be protective of human health and the environment during accumulation and transport.

(6) Regulation of the waste or category of waste under this Subpart will increase the likelihood thatthe waste will be diverted from non-hazardous waste managementsystems (e.g., 

### the municipal waste stream, non-hazardous industrial or commercial waste stream, municipal

sewer or stormwater systems) to recycling, treatment, or disposal in compliance with EeL. 

### article 27, title 9.

(7) Regulation ofthe waste or category of waste under this Subpart will improve implementation ofand compliance with the hazardous waste regulatory program.

(8) Such other factors as may be 

### appropriate.

Historical Note Sec. filed Sept. 29.1998; amd. filed Jan. 14,2002 eff. 60 days after filing. Amended (b)(I).

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