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 of Specific Hazardous Wastes and Specific Types of

Hazardous Waste Management Facilities

Subpart 374-2 Standards for the Management of Used Oil

Subpart 374-3 Standards for Universal Wastes

Subpart 374-4 Standards for the Management of Elemental 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, 1994 eff. 60

, days after filing.

§ 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 after filing.

§ 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 filed: Oct. 26,1988; Dec. 2, 1991: repealed, filed Nov. 15,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 after filing.

§ 374.5

Historical Note

Sec. filed Dec. 2, 1991; repealed, filed Nov. 15, 1994 eff. 60 days after filing.

§ 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 after filing.

§ 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 after filing.

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 Subpart contains requirements for generators and transporters of the

hazardous wastes identified in section 371.1 (g)(1)(ii) of this Title and for owners and operators of

facilities managing the hazardous wastes identified in section 373-1.1(d)(1)(vii) and (viii) of this

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 of this section apply to recyclable materials that are

applied to or placed 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 a manner that constitutes disposal."

(2) Products produced for the general public's use that are used in a manner that 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 of this 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 of hazardous waste K06 J, K062 and F006, in a manner constituting disposal are not covered by the exemption in paragraph (2) of this subdivision and remain

subject to regulation.

\

6510 Conservation 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-1.7

(b) Standards applicable to generaJors and transporters ofmaterials used in a manner that

constitutes disposal. Generators and transporters of materials that are used in a manner that

constiLUtes disposal are subject to the requirements of Part 372 of this Title.

(c) Standards applicable to storers of materials that are to be used in a manner that

constitutes disposal who are not the ultimate users. Owners or operators of facilities that store

recyclable materials that are to be used in a manner that constitutes disposal, but who are not the

ultimate users of the 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 of this Title.

(d) Standards applicable to users of materials that are used in a manner that constitutes

disposal. (1) Owners or operators of facilities that use recyclable materials in a manner that

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 of this Title. (These

requirements do not apply to products which contain these recyclable materials under the

provisions of paragraph (a](21 of this section.)

(2) The use of any material which is contaminated with dioxin or any other hazardous

waste for dust suppression or road treatment is prohibited.

Historical Note

Sec. added by renum. and amd. 374.3, filed Nov. 15, 1994; amd. filed Sept. 29, 1998 eff. 60

days after filing. Added (a)(3), amended (d)(l).

§ 374-1.6 Recyclable materials utilized for precious metal recovery.

(a) Applicability and requirements. (l) The regulations of this section apply to hazardous

wastes that are reclaimed to recover eCOnomically significant amounts of gold, silver, platinum,

palladium, iridium, osmium, rhodium, ruthenium, or any combination of these. 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 subject to the following requirements:

(i) notification requirements under Part 372 ofthis Title;

(ii) section 371.1(f) or section 372.2(b) (for generators), section 372.3 (for transporters),

and section 373-3.5(b) (for persons who store) of this Title; and

...

tries for recovery, section ClOUS metals exported to or imported

(3) Persons who store recyclable materials that are regulated under this section must keep

the following records to document that they are not accum,ulating these materials speculatively

(as defined in section 371.1 [a] of this Title):

(i) the volume of recyclable materials stored at the beginning of the calendar year;

(it) the amount of recyclable materials generated or received during the calendar year;

and

(iii) the amount of recyclable materials remaining at the end of the calendar year.

(4) Recyclable materials regulated under this section that are accumulated speculatively

(as defined in section 371.1 [a] ofthis Title) are subject to all applicable provisions of Parts 372

and 373 of this Title.

Historical Note

Sec. added by renum. and amd. 374.6, filed Nov. 15, 1994; amd. filed Sept. 29, 1998 eff. 60

days after filing. Added (a)(2)(iii).

§ 374-1.7 Spent lead-acid batteries being reclaimed.

(a) Applicability and requirements. (I), Are spent iead-acid batteries exempt from hazardous waste management requirements? If you generate, collect, transport, store, or regenerate

lead-acid batteries for reclamation purposes, you may be exempt from 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 of this Part.

If your baTteries .. And ifyou . Then you. And you."

(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 of RCRA.

(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 of this Title, and under Part 376 of this

the notification Title.

requirements at section

3010 of RCRA.

(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 of this Title, and under Part 376 of this

the notification Title.

requirements at section

3010 of RCRA.

(iv) Will' be reclaimed store these batteries must comply with se<;tion are subject to Part 371

other than 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 of this

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 of this

the notification Title.

requirements at section

3010 of RCRA.

(2) If I store spent lead-acid batteries before I reclaim them but not through regeneration,

which requirements apply? The requirements of subparagraph O)(ii) of this subdivision apply

to you if you store spent lead~acid batteries before you reclaim them, but you don't reclaim

them through regeneration. The requirements are slightly different depending on your Part 373

permit status.

(i) For interim status facilities, you must comply with:

(a) notification requirements under section 3010 of RCRA;

(b) all applicable provisions in section 373-3.1 of this Title;

(c) all applicable provisions in sections 373~3.2 except subdivision (d) (waste analy~

sis) of this Title;

(d) all applicable provisions in sections 373-3.4 and 373~3.5 of this Title;

(e) all applicable provisions in section 373-3.5 except subdivision (b) (dealing with

the use of the manifest and manifest discrepancies), of this Title;

6512 Conservation 01,15,2002
CHAPTER IV QUALITY SERVICES § 374-1.8

(j) all applicable provisionsin sections 373-3.6 through 373-3.12 of this Title; and

(g) all applicable provisions in Subpart 373-1 and Part 621 of this Title.

(ii) For permitted facilities:

(a) notification requirements under section 3010 of RCRA;

(b) all applicable provisions in section 373-2.1 of this Title;

(c) all applicable provisions in section 373-2.2 except subdivision (e) (waste analysis)

of this Title;

(d) all applicable provisions in sections 373-2.3 and 373-2.4 of this Title;

(e) all applicable provisions in section 373-2.5 except subdivision (b) (dealing with

the use ofthe manifest and manifest discrepancies), of this 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 of this 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 after filing.

§ 374-1.8 Hazardous waste burned in boilers and industrial furnaces.

(a) Applicability. (l) The regulations of this 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 of the purpose~f burning or processing, except as provided by paragraphs (2), (3),

(4) and (6) ofthis subdivision. In this section, the term burn means burning for energy recovery

or destruction, or processing for materials recovery or as an ingredient. The emissions standards of subdivisions (e) through (h) of this section apply LO facilities operating under interim

status or under a Part 373 permit as specified in subdivisions (c) and (d) ofthis section.

NOle: Additional regulations governing construction and operation of incin·

erators for purposes of air pollution 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 of hazardous waste identified in section 371.3 of this Title.

Y8QQ ell is Sii9j@Bt \8 F8g1:l18ttafll:lftBef 8tie~ftft 374 2 of tfii3 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, if the only hazardous waste burned is EPA hazardous waste no. K087,

decanter tank 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 under this section, except for subdivisions (b) and (m) ofthis section.

01-15-2002 6512.1 Conservation
CHAPTER IV QUALITY SERVICES § 374-1.8

(i) To be exempt from subdivisions (c) through 0) of this section, an owner or operator

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, or a metal recovery furnace that bums baghollse bags llsed to capture metallic dusts

emitted by steel manufacturing, must comply with the requirements of subparagraph (iii) of

this paragraph:

(a) Provide a one-time written notice to the commissioner indicating the following:

(1) the owner or operator claims exemption under this paragraph;

(2) the hazardous waste is burned solely for metal recovery consistent with the

provisions of subparagraph (H) of this paragraph;

(3) the hazardous waste contains recoverable levels of metals; and

(4) the owner or operator will comply with the sampling and analysis and recordkeeping requirements of this 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 Solid Waste, Physical/Chemical Methods" (EPA Publication No.

SW-846 [see section 370.1(e) ofthis Title]) or alternative methods that meet or exceed the

SW~846 method perfonnance capabilities. If SW~846 does not prescribe a method for a

particular detemrination, the owner or 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 of this paragraph including limits on levels of toxic organic constituents and Btu value of the waste, and levels of recoverable metals in the hazardous waste

compared to normal nonhazardous waste feedstocks.

(li) A hazardous waste meeting either ofthe follOWing criteria is not processed solely for

metal recovery:

(a) the hazardous waste has a total concentration of organic compounds listed in

Appendix 23 of this Title (see Part 371) exceeding 500 ppm by 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 or destroys organic constituents. Blending for dilution to meet the 500 ppm limit

is prohibited. Documentation that the waste has not been impennissibly diluted must be

retained in the records required by clause (i)(c) of this paragraph; or

(b) the hazardous waste has a heating value of 5,000 Btuflb or more, as~fired, and so is

considered to be burned as fuel. The heating value of a waste as~generated may be reduced

to below the 5,000 Btu/lb limit by bona fide treatment that removes or destroys organic

constituents. Blending for 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) of this paragraph.

(iii) To be exempt from subdivisions (c) through 0), an owner or operator of a lead or

nickel-chromium or mercury recovery furnace, or a metal recovery furnace that bums

baghouse bags used to capture metallic dusts emitted by steel manufacturing, must provide 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 or subparagraph (i) ofthis paragraph. The owner or operator must comply with

the requirements of subparagraph (i) ofthis paragraph for those wastes claimed to be exempt

under that subparagraph and must comply with the requirements below for those wastes

claimed to be exempt under this subparagraph.

(a) the hazardous wastes listed in Appendices 51, 52 and 53 ofthis Title and baghouse

bags used to capture metallic dusts emitted by steel manufacturing are exempt from the

requirements of subparagraph (i) of this paragraph, provided that:

(1) a waste listed in Appendix 51 of this Title must contain recoverable levels of

lead. A waste listed in Appendix 52 of this 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 of this Title must contain recover~

able levels of mercury and contain less than 500 parts per million of Appendix 23

organic constituents, and baghollse bags used to capture metallic dusts emitted by steel

manufacturing must contain recoverable levels ofmetal; and

(2) the waste does not exhibit the toxicity characteristic of section 371.3(e) of this

Title for an organic constituent; and

(3) the waste is not a hazardous waste listed in section 371.4 afthis Title because it

is listed for an organic constituent, as identified in Appendix 22 of this Title (see Part

371 of this Title); and

(4) the owner or operator certifies in the one-time notice that hazardous waste is

burned under the provisions ofthis subparagraph and that sampling and analysis will be

conducted or other infonnation will be obtained as necessary to ensure continued

compliance with these requirements. Sampling and analysis shall be conducted according to clause (i)(b) of this paragraph. Records to document compliance with this

subparagraph sbaIl be kept for at least three 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 of this Title that contains a total

concentration of more 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 that material. In making the hazard detennination, the commissioner will consider

the following factors:

(1) the concentration and toxicity of organic constituents in the material; and

(2) the level of destruction of toxic organic constituents provided by the furnace;

and

(3) whether the acceptable ambient levels established in Appendix 44 or 45 of this

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) of this section, apply

only to facilities subject to the pennit standards of subdivision (c) ofthis section, or the interim

status standards ofsubdivision (d) of this section.

(5) The management standards for residues under subdivision (m) of this section apply to

any boiler or industrial 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 of economically significant amounts ofthe precious

metals gold, silver, platinum, paladium, irridium, osmium, rhodium, or ruthenium, or any

combination of these, are conditionally exempt from regulation under this section, except for

subdivision (m) of this section. To be exempt from subdivisions (b) through (1) of this section,

an owner or operator must:

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

(a) the owner or operator claims exemption under this paragraph;

(b) the hazardous waste is burned for legitimate recovery of precious metal; and

(c) the owner or operator will comply with the sampling and analysis and recordkeeping requirements of this paragraph; and

(ii) sample and analyze the hazardous waste as necessary to document that the waste is

burned for recovery of economically significant amounts of precious metal using procedures

specified by "Test Methods for Evaluating Solid Waste, Pbysical/Chemical Methods" (EPA

Publication No. SW-846 [see section 370.1(e) ofthis TitleD or alternative methods that meet

6514 Conservation 10-31-98
CHAPTER 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 at the facility for at least three years records to document that all hazardous

wastes burned are burned for recovery of economically significant amounts of precious

metal.

(b) Management prior to burning. (1) Generators. Generators of hazardous waste that is

burned in a boiler or industrial furnace are subject to section 372.2 of this Title.

(2) Transporters. Transporters of hazardous waste that is burned in a boiler or industrial

furnace are subject to section 372.3 of this Title.

(3) Storage Facilities. (i) Owners and operators of facilities 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. except as provided by 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 of facilities that bum, in an onsite boiler or industrial furnace

exempt from regulation under the small quantity burner provisions of subdivision (i) of this

section, hazardous waste that they generate, are exempt from the regulations of Subparts

373-1,373-2 and 373-3 of this Title applicable to storage units for those storage units that

store mixtures of hazardous waste and the primary fuel to the boiler or industrial furnace in

tanks that feed the fuel mixture directly to the burner. Storage of hazardous waste prior to

mixing with the primary fuel is subject to regulation as prescribed in subparagraph (i) ofthis

paragraph.

10-31-98 6514.1 Conservation
CHAPTER IV QUALITY SERVICES § 374-1.8

(c) Permit standards/or burners. (1) Applicability.

0) General. Owners and operators of boilers 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 burner exemption of subdivision (i) of this 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 of this 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 of subdivisions (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 and the 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 of the hazardous waste that quantifies the concentration of any constituent identified in Appendix 23 of this Title (see Part 371

of this Title) that may reasonably be expected to be in the waste. Such constituents must be

identified and quantified, if present, 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) of this Title]). Alternative methods that meet or

exceed the method performance capabilities of SW-846 methods may be used. If SW-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 their exclusion explained. This analysis will be

used to provide all information required by this section and sections 373-1.50) and

373-l.9(d) of this Title and to enable the permit writer to prescribe such permit conditions as

necessary to protect human health and the environment. Such analysis must be included as a

portion of the Part 373 permit application, or, for facilities operating under the interim status

standards of this section, as a portion of the trial burn plan that may be submitted before the

Part 373 permit application under provisions 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 of boilers 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) of this 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) of this 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

permit and only under the operating conditions specified under paragraph (5) of this subdivision, 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 data included 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) of this Title.

(iv) A pennit for a new boiler or 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 of paragraph (5) of this subdivision, in order to comply with the following

standards:

(a) For the period beginning with initial introduction of hazardous waste and ending

with initiation of the trial bum, and only for the minimum time required to bring the

device to a point of operational readiness to conduct a trial burn, not to exceed a duration

of 720 hours operating time when burning hazardous waste, the operating requirements

must be those most likely to ensure compliance with the emission standards of subdivisions (e) through (h) ofthis section, based on the commissioner's engineering judgment. 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) of this section. The commissioner may extend the duration of this period for

up to 720 additional hours when the applicant demonstrates good cause for the extension.

(b) For the duration of the trial bum, the operating requirements must be sufficient to

demonstrate compliance with the emissions standards of subdivisions (e) through (h) of

this section and must be in accordance with the approved trial burn plan.

(c) For the period immediately following completion ofthe trial bum, and only for the

minimum period sufficient to allow sample analysis, data computation, submission of the

trial burn results by the applicant, review of the trial burn results and modification of the

facility pennit by the commissioner to 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 or by alternative data specified in section 373-1.5(i) of

this Title, as sufficient to ensure compliance with the emissions standards of subdivisions·

(e) through (h) of this section.

(5) Operating requirements.

(i) GeneraL A boiler or industrial furnace burning hazardous waste must be operated in

accordance with the operating requirements specified in the permit at all times where there is

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) of this Title) to be sufficient to comply

with the destruction and removal efficiency (DRE) performance standard of paragraph

(e)( 1) of this section, or as those special operating requirements provided by subparagraph

(e)(1)(iv) of this section for the waiver of the DRE trial bum. When the DRE trial bum is

6516 Conservation (Reissued 7/95) 1·1-95
CHAPTER 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 of the hazardous waste (including acceptable variations in the physical and chemical properties of the 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) of this paragraph;

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

(3) appropriate controls of the 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) of this paragraph;

(6) an appropriate indicator of combustion gas velocity, measured and specified as

prescribed in SUbparagraph (vi) of this paragraph, unless documentation is proVided

under section 373-1.9(d) ofthis Title demonstrating adequate combustion gas residence

time; and

(7) such other operating requirements as are necessary to ensure that the DRE

performance standard of paragraph (e)(1) of this section is met.

(b) Carbon monoxide and hydrocarbon standards. The permit must incorporate a

carbon monoxide (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 standard ofsubparagraph (e)(2)(i) of this section,

the permit limit is lOO ppmv;

(2) when complying with the alternative CO standard under paragraph (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 of the highest hourly rolling average CO level of each 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) of this 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 of the boiler or industrial

furnace, hazardous waste (except waste fed solely as an ingredient under the Tier I [or

adjusted Tier I] feed rate screening limits for metals and chloride/chlorine, and except low

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 of operation specified in the permit.

(iii) Requirements to ensure conformance with the particulate standard.

(a) Except as provided in clauses (b) and (c) of this subparagraph, the permit shall

specify the following operating requirements to ensure conformance with the particulate

standard specified in subdivision (f) of this 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) of this

paragraph;

(3) appropriate controls on operation and maintenance of the hazardous waste

firing system and any air pollution control system;

(4) allowable variation in boiler and industrial furnace system desIgn Including any

air pollution control system or operating procedures; and

(5) such other operating requirements as are necessary to ensure thaI the panicu!ate

standard in paragraph (1)(2) of this section is met.

(b) Pennit conditions to ensure conformance with the particulate maller standard shall

not be provided for facilities exempt from the particulate matter standard under paragraph

(f)(2) of this section.

(c) For cement kilns and light-weight aggregate kilns, permit condHlOns to ensure

compliance with the particulate standard shall not limit the ash content of hazardous waste

or other feed 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 of paragraphs (g)(2) or (5) of this 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) of this 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) of this section and the Tier III metals controls under paragraph (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) of this paragraph;

(3) feed rate of each metal in the following feedstreams, measured and specified as

prescribed in SUbparagraph (vi) of this 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) of this 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) of this paragraph;

(6) maximum flue gas temperature at the inlet to the particulate 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) of this

paragraph;

6518 Conservation (Reissued 7/95) I- 1-95
CHAPTER IV QUALITY SERVICES § 374-1.8

(8) appropriate controls on operation and maintenance of the hazardous waste

firing system and any air pollution control system;

(9) allowable variation in boiler and industrial furnace system design including any

air pollution control system or operating procedures; and

(10) such other operating requirements as are necessary to ensure that the metals

standards under paragraphs (g)(3) or (4) of this section are met.

(c) For confonnance with an alternative implementation approach approved by the

commissioner under paragraph (g)(6) of this 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 of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in clause (vi) (a) of this paragraph;

(3) feed rate of each metal in the following feedstreams, measured and specified as

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

(6) maximum flue gas temperature at the inlet to the particulate 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) of this

paragraph;

(8) appropriate controls on operation and maintenance of the hazardous waste

firing system and any air pollution control system;

(9) allowable variation in boiler and industrial furnace system design including any

air pollution control system or operating procedures; and

(l0) such other operating requirements as are necessary to ensure that the metals

standards under paragraph (g)(3) or (4) of this 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 of total chloride and chlorine in hazardous waste, other fuels, and

industrial furnace feedstocks measured and specified as prescribed in subparagraph (vi)

of this paragraph;

(2) feed rate of total hazardous waste measured and specified as prescribed in

subparagraph (vi) of this paragraph; and

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

(b) For conformance with the Tier n Hel and el2 emission rate screening limits

under subparagraph (h)(2)(ii) of this section and the Tier III HCI and CI 2 controls under

paragraph (h)(3) of this 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 2 specified as the average emission

rate during the trial bum;

(2) feed rate of total hazardous waste measured and specified as prescribed in

subparagraph (vi) of this paragraph;

(3) total feed rate of chlorine and chloride in total feed streams, measured and

specified as prescribed in subparagraph (vi) of this 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 air pollution control system;

(6) allowable variation in boiler and industrial furnace system design including 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 under sUbparagraph (h)(2)Oi) or paragraph (h)(3) of this 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 of the following procedures:

(1) Instantaneous limits. A parameter may 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 of the trial burn; or

(2) Hourly rolling average.

(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 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

data as the average over all valid test runs of the highest hOUrly rolling average value

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) of this

subparagraph or on (up to) a 24-hour rolling average basis. If the owner or operator elects

to use an average period from two to 24 hours:

(1) the feed rate of each metal shall be limited at any time to 10 times the feed rate

that would be allowed on an hourly rolling average basis;

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

(i) 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.

(ii) the rolling average for the selected averaging period is defined as the arithmetic mean of one 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) 1-1-95
CHAPTER IV QUALITY SERVICES § 374-1.8

(3) the permit limit for the feed rate of each metal shall be established based on trial

burn data as the average over all valid test runs of the highest hourly rolling average

feed rate for each run.

(c) Feed rate limits for metals, 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 of the feedstrearn. To monitor the feed rate of these substances, the flow

rate of each feedstream must be monitored under the continuous monitoring requirements

of clauses (a) and (b) of this subparagraph.

(d) Conduct of trial bum testing.

(1) If compliance with all applicable emissions standards of subdivisions (e)

through (h) of this section is not demonstrated simultaneously during a set of test 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 of demonstrating compliance with the

emissions standards ofsubdivisions (e) through (h) of this section or establishing 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) of this section need not reach steady state

conditions with respect to the flow of metals in the system prior to beginning compliance testing for metals emissions.

(3) Trial burn data on the level of an operating parameter for which a limit must be

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 by this 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 lower than atmospheric pressure; or

(3) an alternate means of control 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. A boiler or industrial furnace must be operated with

a functioning system that automatically cuts off the hazardous waste feed when operating

conditions deviate from those established under this subdivision. The commissioner may

limit the number of cutoffs 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, and the hazardous waste feed shall not be restarted until

the levels of those parameters comply with the permit limits. For parameters that may

be monitored on an instantaneous basis. the commissioner will establish a minimum

period oftime after a waste feed cutoff during which the parameter must 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 or industrial furnace must cease burning hazardous waste when

changes in combustion properties, or feed rates of the 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 of hazardous waste, other

fuels, and industrial furnace feedstocks, and feed rates of ash, 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 of the combustion zone and prior to release of stack 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 of this Title; and

(3) upon the request of the commissioner, sampling and analysis of the hazardous

waste (and other fuels 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, at least daily for leaks, spills, fugitive emissions, and signs of tampering.

(d) 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 applicant demonstrates to the commissioner that weekly inspections will

unduly restrict or upset operations, and that less frequent inspections will be adequate. At

a minimum, operational testing must be conducted at least 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) of this Title.

(ix) Direct transfer to the burner. If hazardous waste is directly transferred from a

transport vehicle to a boiler or industrial furnace without the use of a storage unit, the owner

and operator must comply with subdivision 0) of this 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 of the 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 or industrial furnace.

(d) Interim status standardsfor burners. (1) Purpose, scope, applicability.

(i) General.

(a) The purpose of this subdivision is to establish minimum national standards for

owners and operators of existing boilers and industrial furnaces that bum hazardous waste

where such standards define the acceptable management of hazardous waste dUring the

period of interim status. The standards of this subdivision apply to owners and operators

of existing facilities until either a Part 373 permit is 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) 1-1-95
CHAPTER 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 or permits necessary to begin physical

construction; and either:

(1) a continuous onwsite, physical construction program has begun; or

(2) the owner or operator has entered into contractual obligations (which cannot be

canceled or modified without substantial loss) for physical construction of the facility

to be completed within a reasonable time.

(c) If a 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 of this Title or changes in interim status in section

373-1.3(g) of this Title.

(ii) Exemptions. The requirements of this subdivision do not apply to hazardous waste

and facilities exempt under paragraph (a)(2), or subdivision (i) of this section.

(iii) Prohibition on burning dioxin~listed wastes. The following hazardous wastes listed

for dioxin and hazardous waste derived from any of these 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

of on-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] of this 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 1800 degrees 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 of such 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) of this section or subparagraph

(3)(v) of this subdivision apply upon certification of compliance under paragraph (3) of

this subdivision irrespective of the CO level achieved during the compliance test.

(b) Burning hazardous waste solely as an ingredient. A hazardous waste is burned for

a purpose other than solely as an ingredient if it meets either of these criteria:

(1) the hazardous waste has a total concentration of nonmetal compounds listed in

Appendix 23 of this Title (see Part 371) exceeding 500 ppm by weight, as-fired, and so

is considered to be burned for destruction. The concentration of nonmetal compounds

in a waste as-generated may be reduced to the 500 ppm limit by bona fide treatment that

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 of 5,000 Btuflb or more, as-fired, and

so is considered to be burned as fuel. The heating value of a waste as-generated may be

reduced to below the 5,000 Btullb limit by bona fide treatment that removes or destroys

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 Prior to certification of

compliance under paragraph (3) ofthis subdivision, owners and operators shall not feed, to a

boiler or industrial furnace, hazardous waste that has a heating value less than 5,000 Btullb,

as-generated, (except that the heating value of a waste as-generated may be increased 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 of compliance testing (or testing

prior to compliance testing) for a total period of time not to exceed 720 hours; or

(c) such waste may be burned if the 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 of this 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 of this

Title; and

(3) hazardous waste with a heating value less than 5,000 Btu/lb was burned prior to

that date; or

(d) such waste may be burned in a halogen acid furnace if the waste was burned as an

excluded ingredient under section 371.1 (c)(6) of this Title prior to 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 a boiler or industrial furnace without the use of a storage unit, the owner

and operator must comply with subdivision (1) of this section.

(2) Certification of precompliance.

(i) General. The owner or operator must have provided complete and accurate informa~

tion, specified in subparagraph (ii) of this paragraph, to the EPA administrator on or before

August 21, 1991, and must have established limits for the operating parameters specified in

subparagraph (iii) of this paragraph. Such information is termed a certification of precompHance and constitutes a certification that the owner or operator has determined that, when the

facility is operated within the limits specified in subparagraph (iii) of this paragraph, the

owner or operator believes that, using best engineering judgment, emissions of particulate

6524 Conservation (Reissued 7195) 1-1-95
CHAPTER IV QUALITY SERVICES § 374-1.8

matter, metals, and Hel and Cl 2 are 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) of this

paragraph until the owner or operator submits a revised certification of precompliance under

subparagraph (viii) of this paragraph or a certification of compliance under paragraph (3) of

this subdivision, or until a permit is issued.

(ij) Information required. The following information must be submitted with the certification of precompliance to support the detennination that the limits established for the

operating parameters identified in subparagraph (iii) of this paragraph are not likely to result

in an exceedance of the 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 of boilers and industrial furnaces burning hazardous waste, indud·

ing type and capacity of device;

(4) a scaled plot plan showing the entire facility and location of the boilers and

industrial furnaces burning hazardous waste; and

(5) a description of the air pollution control system on each device burning hazard·

ous waste, including the temperature of the 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 or total chlorine and chloride provided by paragraphs (g)(2) or

(5) of this section, and subparagraph (h)(2)(i) or paragraph (h)(5) of this section, respec·

tively, the estimated uncontrolled (at the inlet to the air pollution control system) emis·

sions of particulate matter, each metal controlled by subdivision (g) of this 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 in each feedstream (hazardous

waste, other fuels, industrial furnace feedstocks);

(2) the estimated partitioning factor to the combustion gas for the materials identified in subclause (1) of this clause and the basis for the estimate and an estimate of the

partitioning to HCl and Cl 2 of total chloride and chlorine in feed materials_ To estimate

the partitioning factor, the owner or operator must use eitherbest engineering judgment

or the procedures specified in Appendix 49 of this 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 of this Title;

(4) if best engineering judgment is used to estimate partitioning factors or enrich~

mem factors under subclauses (2) or (3) of this 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 engineer registered in New York State and a certification of

his/her determinations in accordance with section 373-1.4(a)(5)(iv) ofthis Title must be

provided in the certification of precompliance.

(c) For facilitiescomplying with the Tier lor adjusted Tier I 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) or paragraph (h)(5) of this section, the feed rate (lb/hr)

I-I-95 (Reissued 7/95) 6525 Conservation
§ 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION

of total 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] of this section), the estimated controlled (outlet of the air pollution 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 engineering judgment or the procedures prescribed in Appendix 49 of this Title;

(3) if best engineering judgment is used to estimate APeS removal efficiency, the

basis for the Judgment. Use of best engineering judgment must be in conformance with

provisions of subclause (b)(4) of this 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 by 40 CPR 51.1 OOOi);

(iii) maximum flue gas flow rale;

(iv) maximum flue gas temperature;

(v) attach a US Geological Service topographic map (or equivalent) showing the

facility location and surrounding land within five km of the facility;

(vi) identify terrain~type: complex or noncomplex; and

(vii) identify land use: urban or ruraL

(2) For owners and operators using Tier III site specific dispersion modeling to

determine allowable levels under paragraphs (g)(4) or (h)(3) of this section, or adjusted

Tier I feed rate screening limits under paragraphs (g)(5) or (h)(5) of this section:

(i) dispersion model and version used;

(ii) source of meteorological 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) of this

clause;

if) For facilities complying with the Tier II or III emissions rate controls for metals or

HCl and CI 2, a comparison of the estimated controlled emissions rates determined under

clause (d) ofthis subparagraph with the allowable emission rates determined under clause

(e) of this subparagraph.

(g) For facilities complying with the Tier I (or adjusted Tier 1) feed rate screening

limits for metals or total chloride and chlorine, a comparison of actual feed rates of each

metal and total chlorine and chloride determined under clause (c) of this subparagraph to

the Tier I allowable feed rates.

(h) For industrial furnaces that feed hazardous waste for any purpose other than solely

as an ingredient (as defined by clause [1 J[v] [bJ of this subdivision) at any iocation other

than the product discharge end of the device, documentation of compliance with the

requirements ofsubclauses (l)(v)(a)(1), (2) and (3) of this subdivision.

6526 Conservation (Reissued 7/95) 1-1-95
CHAP1ER 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) of this subdivision:

(1) the applicable particulate matter standard in Ib/hr; and

(2) the precompliance limit on the concentration of each metal in collected PM.

(iii) Limits on operating conditions. The owner and operator shall 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 of precompliance 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 of each 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) of this paragraph must

specify limits on the concentration of each metal in collected particulate matter in lieu

of feed rate limits for total feedstreams;

(2) total hazardous waste feed, unless complying with the Tier I or adjusted Tier I

metals feed rate screening limits under paragraphs (g)(2) or (5) of this 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) of this

section;

(c) total feed rate of chlorine and chloride in total feed streams;

(d) total feed rate of ash 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) of this section and for

all metals under paragraphs (g)(2) or (5) of this section, and the uncontrolled particulate

emissions do not exceed the standard under subdivision (f) of this 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) of this

subdivision must comply with the special operating requirements provided in "Alternative

Methodology for Implementing Metals Controls" in Appendix 49 of this Title.

(v) Measurement of feed rates and production rate.

(a) General requirements. Limits on each of the parameters specified in subparagraph

(iii) of this 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 under either of the 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) a continuous monitor is one which continuously samples the regulated 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 of the 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 either on an hourly rolling average basis as prescribed by subclause (a)(2) of

this subparagraph or on (up to) a 24-hour rolling average basis. If the owner or operator

elects to use an averaging period from two to 24 hours:

(1) the feed rate of each metal shall be limited at any time to 10 times the feed rate

that would be allowed on a hourly rolling average basis;

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

(i) a continuous monitor is one which continuously sampIes the regulated 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 of one 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) Feed rate limits for metals, 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 of the substance (i.e., metals, chloride/chlorine, and ash) in each feedstream

and the flow rate of the feedstream. To monitor the feed rate ofthese substances, the flow

rate of each feedstream must be monitored under the continuous monitoring requirements

of clauses (a) and (b) of this subparagraph.

(vi) Public notice requirements at precompliance. On or before August 21, 199] the

owner or operator must have submitted a notice with the following infonnation for publication in a major local newspaper of general circulation and sent a copy of the notice to the

appropriate units of State and local government. The owner and operator must have provided

to the EPA administrator with the certification of precompliance evidence ofsubmitting the

notice for publication. The notice, which shall be entitled "'Notice of Certification of

Precompliance with Hazardous Waste Burning Requirements of 40 CFR 266.103(b)", must

have included:

(a) name and address of the owner and operator of the facility as well as the location

of the device burning hazardOUS waste~

(b) date that the certification of precompliance was submitted to the EPA 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 C12;

(d) types and quantities of hazardous waste burned, including, but not limited to,

source, whether solids or liquids, as well as an appropriate description of the waste;

(e) type of device(s) in which the hazardous waste is burned, including a physical

description and maximum production rate of each device;

if) types and quantities of other fuels and industrial furnace feedstocks fed to each

unit;

(g) brief description of the basis for this certification of precompliance as specified in

subparagraph Oi) of this 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) 1-1-95
CHAPTER IV QUALITY SERVICES § 374-1.8

(1) the administrative record kept by the Agency office where the supporting

documentation was submitted or another location designated by the EPA administrator~

and

(2) the EPA correspondence file kept at the facility site where the device is located.

The correspondence file must include all correspondence between the facility and the

EPA administrator, State and local regulatory officials, including copies of all certifications 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 of EPA 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) of the applicable EPA regional office, hazardous waste

division, where further information can be obtained on EPA regulation of hazardous waste

burning.

(vii) MonitOring other operating parameters. When the monitoring systems for the

operating parameters listed in clauses (3)(i)(e) through (m) of this subdivision are installed

and operating in conformance with vendor specifications or (for CO, He, and oxygen)

specifications provided by Appendix 49 of this Title, as appropriate, the parameters shall be

continuously monitored and records shall be maintained in the operating record.

(viii) Revised certification of precompliance. The owner or operator may revise, at any

time, the information and operating conditions documented under subparagraphs (ij) and (iii)

of this paragraph in the certification of precompliance by submitting a revised certification

of precompliance 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) of this paragraph until a revised certification is submitted under this subparagraph or a certification of compliance is submitted

under paragraph (3) of this subdivision.

(ix) Certification of precompliance statement. The owner or operator must have in~

cluded the fonowing signed statement with the certification of precompliance 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 of section 266.l03(b) are available at the facility and can be obtained

from the facility contact person 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

of fine 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 of precompliance is submitted, (2) a certification of compliance is submitted, or (3) an operating pennit is issued."

Oct-Dec 1995 6529 Conservation
§374-1.8 TITI..E 6 ENVIRONMENTAL CONSERVATION

(3) Certification of compliance. 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) of this section and subclause (l)(v)(a)(4) of this subdivision, under

the procedures prescribed by this paragraph, except under extensions of time provided by

subparagraph (vii) of this paragraph. Based on the compliance test, the owner or operator shall

have submitted to the EPA administrator on or before August 21, 1992 a complete and accurate

certification of compliance (under 40 CFR Part 266.103[cJ [4]) with those emission standards

establishing limits on the operating parameters specified in 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) of this paragraph) or as otherwise specified and include these

limits with the certification of compliance. The boiler or industrial furnace must be operated

in accordance with these operating limits and the applicable emissions standards of

paragraphs (e)(2) through (5) and subdivisions (f), (g) and (h) of this section and subclause

(1 )(v)(a)(4) of this 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 of each metal in the following feedstreams:

(1) total feedstreams, except that:

(i) facilities that comply with Tier I or adjusted Tier I metals feed rate screening

limits may set their operating limits at the metals feed rate screening limits determined under paragraphs (g)(2) or (5) of this 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 of feed 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] of this 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] of this

section);

(c) total feed rate of chlorine and chloride in total feed streams, except that facilities

that comply with Tier I or adjusted Tier I feed rate screening limits may set their operating

limits at the total chlorine and chloride feed rate screening limits determined under

subparagraph (h)(2)(i) or paragraph (h)(5) of this section;

(d) total feed rate of ash 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 stack gas. When complying with the CO controls of paragraph (e)(2) ofthis section, the

CO limit is 100 ppmv, and when complying with the HC controls of paragraph (e)(3) of

this section, the He limit is 20 ppmv. When complying with the CO controls of paragraph

(e)(3) of this 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 chlorine under subparagraph [hJ[2] [i] or paragraph [h](5) ofthis section and for

all metals under paragraphs [g][2] or [5] of this section, and the uncontrolled particulate

emissions do not exceed the standard under subdivision [fj of this 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] of this section);

6530 Conservation Oct~Dec 1995
CHAPTER IV QUALITY SERVICES § 374-1.8

(h) maximum flue gas temperature entering a particulate matter control device (unless

complying with Tier I or adjusted Tier I metals feed rate screening limits under paragraphs

[g][2] or [5] of this section and the total chlorine and chloride feed rate screening limits

under paragraphs [h][2] or [5J of this section);

(i) for systems using wet scrubbers, including wet ionizing scrubbers (unless complying with Tier I or adjusted Tier I metals feed rate screening limits under paragraphs [g][2J

or [5] of this section and the total chlorine and chloride feed rate screening limits under

subparagraph [h][2][i] or paragraph [h][5J of this section):

(1) minimum liquid to flue gas ration;

(2) minimum scrubber blowdown from the system or maximum suspended solids

content of scrubber water; and

(3) minimum pH level of the scrubber water;

Vi for systems using venturi scrubbers, the minimum differential gas pressure across

the venturi (unless complying with the Tier I or adjusted Tier 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][2J[i] or paragraph [h][5] of this section);

(k) for systems using dry scrubbers (unless complying with the Tier I or adjusted Tier

I metals feed rate screening limits under paragraphs [g][2] or [5] of this section and the

total chlorine and chloride feed rate screening limits under subparagraph [h][2][i] or

paragraph [h][5] of this 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 under SUbparagraph [h][2J[i] or paragraph [h]f5] of this section):

(1) minimum electrical power in kilovolt amperes (kVA) to the precipitator plates;

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] or paragraph [hU5] of this section).

(ii) Prior notice of compliance 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, contact person, telephone number, and address;

(3) person responsible for conducting compliance test, including company name,

address, and telephone number, and a statement of qualifications;

(4) planned date of the compliance test;

(b) specific information on each device to be tested including:

(1) description of boiler or industrial furnace;

(2) a scaled plot plan showing the entire facility and location of the boiler or

industrial furnace;

(3) a description of the air pollution control system;

(4) identification of the continuous emission monitors that are installed, 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, if the temperature is less than 150" C, an explanation of why 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) other infonnation useful to an understanding of the system deSign or operation;

(c) infonnation on the testing planned, including a complete copy of the 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 of the test (e.g., demonstrate compliance with emissions of particulate

matter); and

(2) planned operating conditions, including levels for each pertinent parameter

specified in subparagraph (i) of this paragraph.

(iii) Compliance testing.

(a) General. Compliance testing must be conducted under conditions for which the

owner or operator has submitted a certification of precompliance under paragraph (2) of

this subdivision and under conditions established in the notification of compliance testing

required by subparagraph (ii) of this paragraph. The owner or operator may seek approval

on a case-by-case basis to use compliance test data from one unit in lieu of testing a

similar onsite unit. To support the request, the owner or operator must provide a comparison of the hazardous waste burned and other feedstreams, and the design, operation, and

maintenance of both the tested unit and the similar unit. 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 other compliance test is adequate to meet the

requirements of this paragraph.

(b) Special requirements for industrial furnaces that recycle collected PM. Owners

and operators of industrial 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 of paragraphs

(g)(3) or (4) of this section:

(1) the special testing requirements prescribed in "Alternative Method for Implementing Metals Controls" in Appendix 49 of this Title; or

(2) stack emissions testing for a minimum of six 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 content must be sufficient for the owner or operator

to determine if changes in metals content may affect the ability of the 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 of this paragraph)

must be established during compliance testing under this subparagraph only on the

following parameters:

(i) feed rate of total hazardous waste;

(ii) total feed rate of chlorine and chloride in total feed streams;

(iii) tota] feed rate of ash in total field streams, except that the ash feed rate for

cement kilns and lightweight aggregate kilns is not limited.

(iv) carbon monoxide concentration, and where required, hydrocarbon concentration in stack gas;

6532 Conservation (Reissued 7/95) 1-1-95
CHAPTER IV QUALITY SERVICES § 374-1.8

(v) maximum production rate of the 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 content as will be fed during

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

test

(c) Conduct of compliance testing.

(1) If compliance with all applicable emissions standards of subdivisions (e)

through (h) of this section is not demonstrated simultaneously during a set of test 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 of demonstrating compliance with the

applicable emissions standards of subdivisions (e) through (h) of this section or establishing limits on operating parameters under this subdivision, the facility must operate

under compliance test conditions for a sufficient period to reach steady-state operations.

Industrial furnaces that recycle collected particulate matter back into the furnace and

that comply with subclauses (b)(1) or (2) ofthis subparagraph, however, need not reach

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 of an operating parameter, for which a limit

must be established in the certification of compliance, 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 of compliance. Within 90 days of completing compliance testing, the

owner or operator must certify to the commissioner compliance with the emissions standards

of paragraphs (e)(2), (3) and (5) and subdivisions (t), (g) and (h) of this section and subclause

(l)(v)(a){4) of this subdivision. The certification of compliance 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 of qualifications;

(4) date(s) of each compliance test;

(5) description of boiler or industrial furnace tested;

(6) person responsible for quality assurance/quality control (QAJQC), title, and

telephone number, and statement that procedures prescribed in the QAJQC plan submitted under section 374-1.8(d)(3)(ii) (c) of this Subpart have been followed. or a

description of any changes and an explanation of why changes were necessary;

(7) description of any 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 of any changes in the planned test conditions prior to or during the

testing that 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; and

1-1-95 (Reissued 7/95) 6533 Conservation
§ 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION

(9) the complete report on results of emissions testing.

(b) Specific information on each test, including:

(1) purpose(s) of test (e.g., demonstrate conformance with the emissions limits for

particulate matter, metals, Hel, ell, and CO);

(2) summary of test results for each run and for each test including the following

information:

(i) date of run;

(it) duration of run;

(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) if dioxin and furan testing is required under paragraph (e)(5) of this section,

time-weighted average emissions for each run and for the test of chlorinated dioxin

and furan emissions, and the predicted maximum annual average ground level

concentration of the toxiCity equivalency factor;

(vi) time-weighted average particulate matter emissions for each run and for the

test;

(viz) time-weighted average HCI and CI 2 emissions for each run and for the test;

(viii) time-weighted average emissions for the metals subject to regulation under

subdivision (g) of this 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) of this section

and established for the facility in the certification of precompliance under paragraph (2) of

this subdivision.

(d) Determination of operating limits based on all valid runs ofthe compliance test for

each applicable parameter listed in subparagraph (i) of this paragraph using either of the

following procedures:

(1) Instantaneous limits. A parameter may be measured and recorded on an instantaneous basis (i.e., the value that occurs at any time) and the operating limit specified as

the time-weighted average during all runs of the 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 of the 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 of the highest hourly rolling average

value for each run.

(3) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the

carcinogenic metals (i.e., arsenic, berylllum, cadmium and chromium) and lead may be

established either on an hourly rolling average basis as prescribed by subclause (2) of

this clause or on (up to) a 24-hour rolling average basis. If the owner or operator elects

to use an averaging period from two to 24 hours:

6534 Conservation (Reissued 7195) }-}-95
CHAPTER IV QUALITY SERVICES § 374-1.8

(i) the feed rate of each metal shall be limited at any time to 10 times the feed

ratc that would be allowed on a hourly 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 of one hour block averages for the averaging period. A onc hour block

average is the arithmetic mean of the one minute averages recorded during the

6O-minute period beginning at onc minute after the beginning of preceding clock

hour; and

(iii) the operating limit for the feed rate of each metal shall be established based

on compliance test data as the average over all test runs ofthe highest hourly rolling

average feed rate for each run.

(4) Feed rate limits for metals, 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 of the substance (i.e., metals, chloride/chlorine, and ash) in

each feedstream and the flow rate of the feedstrearn. To monitor the feed rate of these

substances, the flow rate of each feedstream must be monitored under the continuous

monitoring requirements of subclauses (1) through (3) ofthis clause.

(e) Certification of compliance statement. The following statement shall accompany

the certification of compliance:

"I certify under penalty of law 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 other infonnation used to detennine conformance with the requirements of6 I\"'YCRR section 374-1.8(d)(3) are available at the facility and can be

obtained from the facility contact person 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 of my 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 acknowledge that the operating conditions establishedin 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 of compliance 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) of this

section or subclause (l)(v)(a)(4) of this 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 of time provided by subparagraph (vii) of this paragraph.

(vi) Special operating requirements for industrial furnaces that recycle collected PM.

Owners and operators of industrial furnaces that recycle back into the furnace particulate

matter (PM) from the air pollution control system must:

(a) when complying with the requirements of subclause (iii)(b)(1) of this paragraph,

comply with the operating requirements prescribed in "Alternative Method to Implement

the Metals Controls" in Appendix 49 of this Title; and

10-31-98 6535 Conservation
§ 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION

(b) when complying with the requirements of suhclause (iii)(b)(2) of this paragraph,

comply with the operating requirements prescribed by that subclause.

(vii) Extensions of time.

(a) If the owner or operator did not submit a complete certification of compliance to

the EPA administrator for all of the applicable emissions standards of subdivisions (e)

through (h) hy August 21,1992, helshe must either:

(1) stop burning hazardous waste and begin closure activities under paragraph (12)

of this subdivision for the hazardous waste ponion of the facility; or

(2) limit hazardous waste burning only for purposes of compliance testing (and

pretesting to prepare for compliance testing) a total period of 720 hours for the period of

time beginning August 21, 1992, submit a notification to the EPA administrator by

August 21, 1992 stating that the facility is operating under restricted interim status and

intends to resume burning hazardous waste, and submit a complete certification of

compliance hy August 23,1993; or

(3) obtain a case-by-case extension oftime under clause (b) oftbis subparagraph.

(b) The owner or operator may request a case-by-case extension of time to extend any

time limit provided by paragraph (3) of this subdivision if compliance with the time limit

is not practicable for reasons beyond the control of the owner or operator.

(1) In granting an extension, the commissioner may apply conditions as the facts

warrant to ensure timely compliance with the requirements of this 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 operator requests an extension of time to enable the facility

to comply with the alternative hydrocarbon provisions of paragraph (e)(6) of this

section and obtain a Part 373 operating permit because the facility cannot meet the HC

limit of paragraph (e)(3) of this section:

(i) the commissioner shall, in considering whether to grant the extension:

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

manner a complete Part 373 pennit application that includes information required

under section 373-1.5(i)(2) of this Title; and

(B) consider whether the owner and operator have made a good faith effort to

certify compliance with all other emission controls, including the controls on

dioxins and furans of paragraph (e)(5) of this section and the controls on PM,

metals, and HClICI2.

(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) of this section.

(3) The commissioner will not grant an extension which would result in regulatory

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 of compliance (recertification of compliance) under the follow~

ing procedures:

6536 Conservation 10-31-98
CHAPTER IV QUALITY SERVICES §374-1.8

(a) prior to submittal of a revised certification of compliance, hazardous waste may

not be burned for more than a total of 720 hours under operating conditions that exceed

those established under a current certification of compliance, and such burning may be

conducted only for purposes of determining whether the facility can operate under revised

conditions and continue to meet the applicable emissions standards of subdivisions (e)

through (h) of this 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 of the changes in facility design or operation that prompted the need to seek

to revise the operating conditions;

(3) a detennination that when operating under the revised operating conditions, the

applicable emissions standards of subdivisions (e) through (h) of this 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) of this subdivision; and

(4) complete emissions testing protocol for any pretesting and for a new compliance test to detennine compliance with the applicable emissions standards of subdivisions (e) through (h) of this section when operating under revised 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) of this 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 of compliance under provisions of paragraph (3)

of this subdivision within three years from submitting the previous certification or recertification. If the owner or operator seeks to recertify compliance under new operating conditions, hel

she must comply with the requirements of subparagraph (3)(viii) of this subdivision.

(5) Noncompliance with certification schedule. If the 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) of this subdivision, and hazardous waste burning

may not resume except under an operating permit issued under section 373-1.9(d) of this Title.

For purposes of compliance with the closure provisions of paragraph (12) of this subdivision

and section 373·3.7(c)(4)(1i) and (d) of this Title the boiler or industrial furnace has received

the known final volume of hazardous waste on the date that the deadline is missed.

(6) Start~up and shut-down. Hazardous waste (except waste fed solely as an ingredient

under the Tier I [or adjusted Tier I] feed rate screening limits for metals and chloride/chlorine)

must not be fed into the device dUring start-up and shut-down of the boiler or industrial furnace,

unless the device is operating within the conditions of operation specified in 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) of this

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 of compliance. In addition:

(i) to minimize emissions of organic compounds, the minimum combustion chamber

temperature (or the indicator of combustion chamber temperature) 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 test is considered

to be the average over all runs of the 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 of the

test; and

Oi) operating parameters limited by the certification of compliance must continue to be

monitored during the cutoff, and the hazardous waste feed shall not be restarted until the

levels of those parameters comply with the limits established in the certification of compliance.

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

(i) keeping the combustion zone totally sealed against fugitive emissions; or

Oi) maintaining the combustion zone pressure lower than atmospheric pressure; or

(iii) an alternate means of control that the owner or operator can demonstrate provides

fugitive emissions control equivalent to maintenance of combustion zone pressure lower

than atmospheric pressure. Support for such demonstration shall be included in the operating

record.

(9) Changes. A boiler or industrial 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 specified in the certification of compliance.

(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 of hazardous waste, other fuels, and industrial furnace

feed stocks, and feed rates of ash, 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 of the

combustion zone and prior to release of stack 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 of this Title;

(e) upon the request of the commissioner, sampling and analysis of the hazardous

waste (and other fuels 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 of precompliance or certification of compliance achieve the applicable standards of subdivisions (e) through (h) of this section.

Oi) The boiler or industrial furnace and associated equipment (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 of tampering.

6538 Conservation (Reissued 7/95) 1-1-95
CHAPTER IV QUALITY SERVICES § 374-1.8

(iii) The automatic hazardous waste feed cutoff system and associated alarms must be

tested at least once every seven days when hazardous waste is burned to verify operability,

unless the owner or operator can 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 boiler or industrial furnace and must comply with section 373-3.7(b) through

(I) of this 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) of 99.99 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 of one principal organic hazardous constituent (POHC) in the hazardous waste

fired to the boiler or industrial furnace; and

Wout =Mass emission rate of the same POHC present in stack gas prior to 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 a trial bum in conformance with procedures prescribed in section 373-1.9(d)

of this Title. One or more POHCs shall be designated by the commissioner for each waste

feed to be burned. POHCs shall be designated based on the degree of difficulty of destruction

of the organic constituents in the waste and on their concentrations or mass in the waste feed

considering the results of waste analyses submitted with the Part 373 permit application.

POHCs are most likely to be selected from among those compounds listed in Appendix 23 of

this Title (see Part 371 of this Title) that are also present in the normal waste feed. However,

ifthe applicant demonstrates to the commissioner's satisfaction that a compound not listed in

Appendix 23 of this Title or not present in the normal waste feed is a suitable indicator of

compliance with the DRE requirements of this subdivision, that compound may be designated as a POHC. Such POHCs need not be toxic or organic compounds.

(iii) Dioxin-listed waste. A boiler or industrial furnace burning hazardous waste containing (or derived from) EPA hazardous wastes numbers F020, F02l, F022, F023, F026, or

F027 must achieve a destruction and removal efficiency (DRE) of 99.9999 percent for each

POHC designated (under subparagraph [ii] ofthis paragraph) in its permit. This performance

must be demonstrated on POHCs that are more difficult to burn than tetra-, penta-, and

hexachlorodibenzo~p-dioxinsand dibenzofurans. DRE is determined for each POHC from

the equation in subparagraph (1) of this paragraph. In addition, the owner or operator of the

boiler or industrial furnace must notify the commissioner of intent 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 of subparagraph (1) of this paragraph

and are exempt from the DRE trial burn.

(v) Low risk waste. Owners and operators of boilers or industrial furnaces that burn

hazardous waste in compliance with the requirements of paragraph (j)(l) of this section are

considered to be in compliance with the DRE standard of subparagraph (i) of this paragraph

and are exempt from the DRE trial burn.

(2) Carbon monoxide standard.

(i) Except as provided in paragraph (3) of this subdivision, the stack gas concentration

of carbon monoxide (CO) from a boiler or industrial 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 and oxygen shall be continuously monitored in conformance with "Performance

Specifications for Continuous Emission Monitoring of Carbon Monoxide and Oxygen for

Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste" in Appendix 49 of

this Title.

(iii) Compliance with the 100 ppmv CO limit must be demonstrated during the trial bum

(for new facilities or an interim status facility applying for a permit) or the compliance test

(for interim status facilities). To demonstrate compliance, the highest hourly rolling average

CO level during any valid run ofthe trial bum or compliance test must not exceed 100 ppmv.

(3) Alternative carbon monoxide standard.

(i) The stack gas concentration of carbon 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) of this 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 of Hydrocarbons for Incinerators, Boilers, and

Industrial Furnaces Burning Hazardous Waste" in Appendix 49 of this Title. CO and oxygen

shall be continuously monitored in conformance with subparagraph (2)(ii) of this subdivision.

(iv) The alternative CO standard is established based on CO data during the trial burn

(for a new facility) and the compliance test (for an interim status facility). The alternative CO

standard is the average over all valid runs of the 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 of industrial furnaces (e.g.,

kilns, cupolas) that feed hazardous waste for a purpose other than solely as an ingredient (see

clause [d][l][v] [b) of this 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) of this subdivision, irrespective of whether stack gas

CO concentrations meet the 100 ppmv limit of paragraph (2) of this subdivision.

(5) Controls for dioxins and furans. Owners and operators of boilers 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 of chlorinated dibenzo-pdioxins and dibenzofurans do not result in an increased lifetime cancer risk 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) 1·1·95
CHAPTER 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 incorporated by reference in section 370.1 (e) ofthis Title;

(ii) estimate the 2,3,7,8-TCDD toxicity equivalence of the tetra-octa CDDs/CDFs congeners using "Procedures for Estimating the Toxicity Equivalence of Chlorinated Dibenzop-Dioxin and Dibenzofuran Congeners" in Appendix 49 of this Title. Multiply the emission

rates of CDD/CDF congeners with a toxicity equivalence greater than zero (see the procedure) by the calculated toxicity equivalence factor to estimate the equivalent emission rate of

2,3,7,8-TCDD;

(iii) conduct dispersion modeling using methods recommended in appendix W of 40

CFR part 51 (Guideline on Air Quality Models [Revised] and its supplements) as incorporated by reference in section 370.1(e) of this Title, the "Hazardous Waste Combustion Air

Quality Screening Procedure," which is provided in Appendix 49 of this Title, or in Screening Procedures for Estimating the Air Quality Impact of Stationary Sources as incorporated

by reference in section 370.1 (e) of this Title, to predict the maximum annual average off-site

ground level concentration of 2,3,7,8-TCDD equivalents determined under subparagraph

(5)(ii) of this subdivision. The maximum annual average concentration must be used when a

person resides on-site; and

(iv) the ratio of the predicted maximum annual average ground level concentration of

2,3,7,8-TCDD equivalents to the risk-specific dose for 2,3,7,8-TCDD provided in Appendix

45 of this Title (2.2 x 10-7) shall not exceed 1.0.

(~) [Rese, $tJaB

(7) Monitoring CO and HC in the by-pass duct of a cement kiln. Cement kilns may comply

with the carbon monoxide.,iUld hydrocarbon limits provided by paragraphs (2), (3) and (4) of

this subdivision by monitoHng in the by-pass duct provided that:

(i) hazardous waste is fired only into the kiln and not at any location downstream from

the kiln exit relative to the direction of gas flow; and

(ii) the by-pass duct diverts a minimum of 10 percent of kiln off-gas into the duct.

(8) Use of emissions test data to demonstrate compliance and establish operating limits.

Compliance with the requirements of this subdivision must be demonstrated simultaneously by

emissions testing or during separate runs under identical operating conditions. Further, data to

demonstrate compliance with the CO and HC limits of this subdivision or to establish alternative CO orHC limits under this subdivision must be obtained during the time that DRE testing,

and where applicable, CDD/CDF testing under paragraph (5) of this subdivision and comprehensive organic emissions testing under paragraph (6) of this subdivision is conducted.

(9) Enforcement. For the purposes of permit enforcement, compliance with the operating

requirements specified in the permit (under subdivision [cl of this 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 of this subdivision may

be infonnation justifying modification or revocation and reissuance of a permit under section

373-L7(b) of this Title.

(f) Standards to control paniculate marter. (1) A boiler or industrial furnace burning

hazardous waste may not emit particulate matter in excess of 180 milligrams per dry standard

cubic meter (0.08 grains per dry standard cubic foot) after correction to a stack gas concentration of seven percent oxygen, using procedures prescribed in 40 CFR part 60, appendix A,

methods I through 5 (see section 370.1 [e] of this Title), and Appendix 49 of this Title.

(2) An owner or operator meeting the requirements of paragraph (j)(2) of this section for

the low risk waste exemption is exempt from the particulate matter standard.

(3) For the purposes of permit enforcement, compliance with the operating requirements

specified in the permit (under subdivision [cl of this 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 with the requirements of this subdivision may be information

justifying modification or revocation and fe-issuance of a 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) of this subdivision that is present in the

hazardous waste at detectable levels using analytical procedures specified in "Test Methods for

Evaluating Solid Waste, Physical/Chemical Methods" (EPA Publication No. SW-846) (see

section 370,I[e] of this Title),

(2) Tier I feed rate screening limits. Feed rate screening limits for metals are specified in

Appendix 41 of this Title as a function ofterrain~adjustedeffective stack height and terrain and

land use in the vicinity of the facility. Criteria for facilities that are not eligible to comply with

the screening limits are provided in subparagraph (vii) of this 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 of this Title.

(a) The feed rate screening limits for antimony, barium, mercury, thallium, and silver

are based on either:

(1) an hourly rolling average as defined in 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 of the following:

(1) an hourly rolling average as defined in subclause (c)(5)(vi)(a)(2) ofthis section;

(2) an averaging period of two to 24 hours as defined in clause (c)(5)(vi)(b) of this

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 of arsenic, cadmium, beryllium, and chromium in 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 of this Title. The feed

rate of each of these metals is limited to a level such that the sum of the ratios of the actual

feed rate to the feed rate screening limit specified in Appendix 41 of this Title shall not

exceed 1.0, as provided by the follOWing equation:

Sum from i:= 1 to n of AFR(i) <1.0

FRSL(i)

where:

n := number of carcinogenic metals

AFR:= actual feed rate to the device for metal "i"

FRSL:= feed rate screening limit provided by Appendix 41 of this 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 of two to 24 hours as defined in clause (c)(5)(vi)(b) of this

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 stack height (TESH),

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

6542 Conservation 01,15-2002
CHAPTER IV QUALITY SERVICES § 374-1.8

TESH = Ha+HI·Tr

where:

Ha = actual physical stack height

HI = plume rise as determined from Appendix 46 of this Title as a function ofstack flow rate and

stack gas exhaust temperature

Tr = terrain rise within five kilometers of the stack

(b) The stack height (Ha) may not exceed good engineering practice as specified in 40

CFR 51.1000i) (see section 370.1[e] of this Title).

(c) If the TESH for a particular facility is not listed in the table in the appendices, the

nearest lower TESH listed in the table shall be used. If the TESH is fOUf meters or less, a

value of four meters shall be used.

(tv) Terrain type. The screening limits are a function of whether the facility is located in

noncomplex or complex terrain. A device located where any pan of the 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 are to be made from U.S. Geological Survey 7.5-minute

topographic maps ofthe area surrounding the facility.

(v) Land use. The screening limits are a function of whetherthe facility is located in an

area where the land use is urban or rural. To determine whether land use in the vicinity of the

facility is urban or rural, procedures prOVided in Appendix 49 or 50 of this Title shall be

used.

(vi) Multiple stacks. Owners and operators of facilities with more than one on-site stack

from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to

controls of metals 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 stack based on dispersion characteristics. The worst-case

stack is determined from the following equation as applied to each stack:

K=HVT

where:

K = a parameter accounting for relative 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 of K is the worst-case stack.

(vii) Criteria for facilities not eligible for screening limits. If any criteria below are met,

the Tier I and Tier II screening limits do not apply. Owners and operators of such facilities

must comply with either the Tier III standards provided by paragraph (4) of this 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 device has a stack taller than 20 meters and is located such that the terrain rises

to the physical height within one kilometer of the facility;

(c) the device has a stack taller than 20 meters and is located within five kilometers of

a shoreline of a large body of water 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 or five projected building widths of the stack and the

distance from the stack to the closest boundary is within five building heights or five

projected building widths of the 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 of metals 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 of this Title as a function ofterrain-adjusted effective stack heighl and terrain and

land use in the vicinity of the facility. Criteria for facilities that are not eligible to comply with

the screening limits are provided in subparagraph (2)(vii) of this 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 of arsenic, cadmium. berylllUm. and chromium shall not exceed values derived from the screening limits specified in Appendix 41 of

this Title. The emission rate of each of these 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 of this Title shall not exceed 1.0, as provided by the following equation:

AERm Sum from i=: I tonof ERSL ' <1.0

(,)

where:

n == number of carcinogenic 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 of the 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 provided by clauses (2)(i)(a), (b) and (ii)(b) of

this subdivision. The feed rate of metals in each feedstream must be monitored to ensure that

the feed rate limits for the feedstreams specified under subdivision (c) or (d) of this 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 of facilities with more than one onsite stack from a boiler,

industrial furnace, incinerator, or other thermal treatment unit subject to controls on

metals emissions under a Pan 373 operating permit 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) of this subdivision.

(c) For each 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 predict the 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) 1-1-95
CHAPTER 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 of this Title list the acceptable

ambient levels for purposes of this section. Reference air concentrations (RAes) are listed

for the noncarcinogenic metals and 1-5 risk-specific doses (RSDs) are listed for the carcinogenic metals. The RSD for a metal is the acceptable ambient level for that metal provided

that only onc of the four carcinogenic metals is emitted Ifmore than one carcinogenic metal

is emitted, the acceptable ambient level for the carcinogenic metals is a fraction of the RSD

as described in subparagraph (iii) of this 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 determined by the following equation:

Sum from i = 1 to n of Predicted Ambient Concentration (I) <1.0

Risk-Specific Dose(i)

where:

n = number of carcinogenic 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 air concentration (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

must conduct emissions testing (except that facilities complying with adjusted Tier I 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 of the acceptable

ambient levels.

(vi) Implementation. Under Tier ill, the metals controls must be implemented by limiting feed rates of the 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 provided by clauses (2)(i)(a), (b)

and (ii)(b) ofthis subdivision. The feed rate of metals in each feedstream must be monitored

to ensure that the feed rate limits for the feedstreams specified under 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 of this Title to account for site-specific dispersion modeling. Under this approach, the adjusted feed rate screening limit for a metal is

detennined by back-calculating from the acceptable ambient levels provided by Appendices 44

and 45 of this 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)

of this 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

provided by paragraph (3) or (4) of this subdivision alternative to 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

Appendix 44 ofthis Title to determine the allowable emission rate for each metal 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) of this subdivision; and

(b) for each carcinogenic metal by:

(/) back-calculating from the RSD provided in Appendix 45 of this Title to determine the allowable emission rate for each metal ifthat metal 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) if morc than one carcinogenic metal is emitted, selecting an emission limit for

each carcinogenic metal not to exceed the emission rate determined by subclause (1) of

this clause such that the sum for all carcinogenic metals of the ratios of the selected

emission limit to 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 of Metals in Stack Emissions, EPA Publication SW·846, as

incorporated by reference in section 370.1 (e) of this Title.

(li) Hexavalent chromium. Emissions of chromium 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 of Hexavalent Chromium Emissions from Stationary Sources, EPA Publication SW-846, as incor~

porated by reference in section 370.1 (e) of this Title.

(8) Dispersion modeling. Dispersion modeling required under this subdivision shall be

conducted according to methods recommended in "Guideline on Air Quality Models (revised)"

(appendix W of 40 CFR part 51, as incorporated by reference in section 370.1[e] of this Title,

the) "Hazardous Waste 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 Impact of Stationary Sources" (see section 370.1 [e] of this Title) to

predict the maximum annual average off~site ground level concentration. However, on-site

concentrations must be considered when a person resides on·site.

(9) Enforcement. For the purposes of permit enforcement, compliance with the operating

requirements specified in the permit (under subdivision Ic] of this 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 of this subdivision may

he infonnation justifying modification or revocation and reissuance of a permit under section

373-1.7(b) of this 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) of this subdivision.

(2) Screening limits. (i) Tier I feed rate screening limits. Feed rate 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 of the 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 emission rate screening limits. Emission rate screening limits for HCI and Cl2

are specified in Appendix 43 of this Title as a function of terrain-adjusted effective Slack

height and terrain and land use in the vicinity of the facility. The stack emission rates of HCl

and C12 shall not exceed the levels specified.

(iii) Definitions and limitations. The definitions and limitations provided by paragraph

(g)(2) of this 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, terrain type, land use, and criteria for facilities not eligible to use the screening limits.

(iv) Multiple stacks. Owners and operators of facilities with more than one on~site stack

from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to

6546 Conservation 10-31-98
CHAPTER IV QUALITY SERVICES § 374-1.8

controls on Hel or e12 emissions under a Part 373 operating permit or interim 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) of this section.

(b) Under Tier I, the total feed rate of chlorine and chloride to all subject devices shall

not exceed the screening limit for the worst-case stack.

(c) Under Tier II, the total emissions of Hel and el2 from all subject stacks shall not

exceed the screening limit for 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 e12, 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 of this 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 more than one on-site stack

from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to

controls on HCI or Cl2 emissions under a Part 373 operating permit or interim 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 C12 controls are implemented by limiting the feed rate

of total chlorine and chloride in all feedstreams, including hazardous waste, fuels, and industrial furnace feed stocks. Under Tier I, the feed rate of total 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 a permit) or the compliance test (for interim status facilities). The feed rate

limits are based on either:

(j) an hourly rolling average as defined in subparagraph (c)(5)(vi) of this 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 of this 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 of this

Title using dispersion modeling to detennine the maximum allowable emission rate. This

emission rate becomes the adjusted Tier I 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) of this Title.

(7) Dispersion modeling. Dispersion modeling shall be conducted according to the provisions of paragrapb (g)(8) of this section.

(8) Enforcement. For the purposes of permit enforcement, compliance with the operating

requirements specified in the permit (under subdivision Ic] of this section) will be regarded as

compliance with this subdivision. However, evidence that compliance with those pennit

conditions is insufficient to ensure compliance with the requirements of this subdivision may

be information justifying modification or revocation and reissuance of a pennit under section

373-1.7(b) of this Title.

10-31-98 6547 Conservation
§ 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVATION

(i) Small quantity on~site burner exemption. (1) Exempt quantities. Owners and operators

of facilities that burn hazardous waste in an on-site boiler or industrial furnace are exempt from

the requirements of this section provided that:

0) the quantity of hazardous waste burned in a device for a calendar month does not

exceed the limits provided in the following table based on the terrain~adjustedeffective stack

height as defined in subparagraph (g)(2)(iii) of this section:

Exempt Quantities for Small Quantity Burner Exemption

Terrain-adjusted

effective stack height

ofdevice (meters)

oto 3.9

4.0 to 5.9

6.0 to 7.9

8.0 to 9.9

10.0 to 11.9

12.0 to 13.9

14.0 to 15.9

16.0 to 17.9

18.0to 19.9

20.0 to 21.9

22.0 to 23.9

24.0 to 25.9

26.0 to 27.9

28.0 to 29.9

30.0 to 34.9

35.0 to 39.9

40.0 to 44.9

45.0 to 49.9

50.0 to 54.9

55.0 to 59.9

60.0 to 64.9

65.0 to 69.9

70.0 to 74.9

75.0 to 79.9

80.0 to 84.9

85.0 to 89.9

90.0 to 94.9

95.0 to 99.9

100.0 to 104.9

105.0 to 109.9

110.0 to 114.9

115.0 or 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

of the total fuel requirements for the device (hazardous waste plus other fuel) on a total heat

input or mass input basis, whichever results in the lower mass feed rate of hazardous 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 derived from) EPA hazardous

waste numbers F020, F021, F022, F023, F026, or F027.

(2) Mixing with nonhazardous fuels. If hazardous waste fuel is mixed with a non-hazardous fuel, the quantity of hazardous waste before such mixing is used to comply with paragraph

(1) of this subdivision.

(3) Multiple stacks. If an owner or operator burns hazardous waste in more than one on-site

boiler or industrial furnace exempt under this subdivision, the quantity limits provided by

subparagraph (1)(i) of this subdivision are implemented according to the following equation:

6548 Conservation 10,31,98
CHAPTER 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 the table in

subparagraph (I)(i) of this subdivision.

Hazardous wastes that are subject to the special requirements for small quantity generators under subdivi~

sion 371.1 (0 of this Title may be burned in an off-site device under the exemption provided by this

subdivision, but must be included in the quantity detennination for the exemption.

(4) Notification requirements. The owner or operator of facilities 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 burner of hazardous waste;

(ii) the owner and operator are in compliance with the requirements of this subdivision;

and

(iii) the maximum quantity of hazardous waste that the facility may burn per month as

provided by subparagraph (1)(i) of this subdivision.

(5) Recordkeeping requirements. The owner or operator must maintain at the facility for at

least three years sufficient records documenting compliance with the hazardous waste quantity,

firing rate, and heating value limits of this subdivision. At a minimum, these records must

indicate the quantity of hazardous waste and other fuel burned in each unit per calendar month,

and the heating value of the hazardous waste.

(j) Low risk waste exemption. (1) Waiver of DRE standard. The DRE standard of paragraph (e)(l) of this section does not apply if the boiler or industrial furnace is operated in

conformance with subparagraph (i) of this paragraph and the owner or operator demonstrates

by procedures prescribed in subparagraph (ii) of this 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 50 percent primary fuel firing rate shall

be determined on a total heat or mass input basis, whichever results in the greater mass

feed rate of primary fuel fired;

(b) primary fuels and hazardous waste fuels shall have a minimum as-fired heating

value of 8,000 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) of this section. Devices subject to the exemption provided by

this subdivision are not eligible for the alternative carbon monoxide controls provided by

paragraph (e)(3) of this 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 of this

Title (see Part 371 of this Title) that could reasonably be expected to be present in the

hazardous waste. The constituents excluded from analysis must be identified and the basis

for their exclusion 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 of this 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 of this subparagraph, use emissions

dispersion modeling to predict the maximum annual average ground level concentration

of the constituent.

(1) Dispersion modeling shall be conducted using methods specified in paragraph

(g)(8) of this 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 of emissions 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 of this Title;

(2) for the carcinogenic compounds listed in Appendix 45 of this Title, the sum for

all constituents of the ratios of the actual ground level concentration to the level

established in Appendix 45 of this Title cannot exceed 1,0; and

(3) for constituents not listed in AppendiX 44 or 45 of this Title, 0.1 micrograms per

cubic meter.

(2) Waiver of particulate matter standard. The particulate matter standard of subdivision

(f) of this section does not apply if:

(1) the DRE standard is waived under paragraph (1) of this 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) of this section.

(k) Waiver of DRE trial bum for boilers. Boilers that operate under the special require·

ments ofthis subdivision, and that do not burn hazardous waste containing (or derived 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 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 50 percent primary fuel firing rate shall be determined on a total heat

or mass input basis, whichever results in the greater mass feed rate of primary fuel fired~

(2) boiler load shall not be less than 40 percent. Boiler load is the ratio at any time of the

total heat input to the maximum design heat input;

(3) primary fuels and hazardous waste fuels shall have a minimum as-fired heating value

of 8,000 Btullb, and each material fired in a burner where hazardous waste is fired must have a

heating value of at least 8,000 BtuIlb, as fired;

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

by subparagraph (e)(2)(i) of this section. Boilers subject to the waiver of the DRE trial bum

provided by this subdivision are not eligible for the alternative carbon monoxide standard

provided by paragraph (e)(3) of this 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 1995
CHAPTER 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 under the 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 atomizer is used, 70 percent of the 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 100 mesh (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 account the

viSCOSity and volatility of the 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 of the fuel.

(l) Standards for direct transfer. (1) Applicability. The regulations in this subdivision

apply to owners and operators of boilers and industrial furnaces subject to subdivision (c) or (d)

of this section if hazardous waste is directly transferred from a transport vehicle to a boiler or

industrial furnace without the use of a 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 of hazardous 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 of this Title. For purposes of this subdivision, the tenn tank

systems in those referenced requirements means direct transfer equipment as defined in

subparagraph (i) of this paragraph.

(3) General operating requirements.

0) No direct transfer of a pumpable hazardous waste shall be conducted from an open·

top container to a boiler or industrial furnace.

(ii) Direct transfer equipment used for pumpable hazardous waste shall always be

closed, except when necessary to add or remove the waste, and shall not be opened, handled,

or stored in a manner that may cause any rupture or leak.

(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 or pressure, fire, explosion, or violent reaction;

(b) produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to

threaten human health;

(c) produce uncontrolled flammable fumes or gases in sufficient quantities to pose a

risk of fire 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) of this section; or

1-1-95 (Reissued 7/95) 6551 Conservation
§374-1.8 TITLE 6 ENVIRONMENTAL CONSERVAnON

if) threaten human health or the environment.

(iv) Hazardous waste shall not be placed in direct transfer equipment if it could cause

the equipment or its secondary containment system to rupture, leak, corrode, or otherwise

fail.

(v) The owner or operator of the facility shall use appropriate controls and practices to

prevent spills and overflows from the direct transfer equipment or its secondary containment

systems. These include, at a minimum:

(a) spill prevention controls (e.g., check valves, dry discount couplings); and

(b) automatic waste feed cutoff to use if a leak or spill occurs from the direct transfer

equipment.

(4) Areas where direct transfer vehicles (containers) are located. Applying the definition of

container under this subdivision, owners and operators must comply with the following

requirements:

(i) the containment requirements ofsection 373-2.9(t) of this Title;

(ii) the use and management requirements of section 373-3.9 of this Title, except for

subdivisions (a) and (e) ofsuch section, and except that in lieu ofthe special requirements of

section 373-3.9(t) of this Title forignitable or reactive waste, the owner or operator may

comply with the requirements for the maintenance of protective distances between 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 of the National Fire Protection Association's (MFPA) "Flammable and Combustible Liquids Code," (see section 370.1[e] of this

Title). The owner or operator must 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) of this Title.

(5) Direct transfer equipment. Direct transfer equipment must meet the following requirements:

(i) Secondary containment. Owners and operators shall comply with the secondary

containment requirements ofsection 373-3.1Oed) of this Title, except for paragraphs (d)(1),

(4), (5) and (9) of such section.

(iii) Inspections and recordkeeping.

(a) The owner or operator must inspect at least once each operating hour when

hazardous waste is being transferred from the transport vehicle (container) to the boiler or

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 of the direct transfer equipment to detect corrosion, .

erosion, or releases of waste (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) The owner or operator must inspect cathodic protection systems, if used, to ensure

that they are functioning properly according to the schedule provided by section 373

3.IO(t)(2) of this Title.

(c) Records of inspections 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 of the inspection.

(iv) Design and installation of new ancillary equipment. Owners and operators must

comply with the requirements of section 373-3.10(c) of this Title.

6552 Conservation (Reissued 7/95) 1-1-95
CHAPTER IV QUALITY SERVICES § 374-1.8

(v) Response to leaks or spills. Owners and operators must comply with the requirements of section 373-3.1O(g) of this 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) of such section.

(m) Regulation ofresidues. A residue derived from the burning or processing of hazardous

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 greater mass feed rate of coal;

(ii) ore or mineral furnaces. Industrial furnaces subject, to section 371.1 (e)(2)(vi) of this

Title must process at least 50 percent by 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 of the following criteria:

(i) comparison of waste-derived residue with normal residue. The waste-derived residue

must not contain Appendix 23 of this 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 of hazardous

waste, using the following procedure. Toxic compounds that could reasonably be attributaM

ble to burning or processing the hazardous waste (constituents of concern) include toxic

constituents in the hazardous waste, and the organic compounds listed in Appendix 48 of this

Title that may be generated as products of incomplete 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] of this Title);

(0) normal residue. Concentrations of toxic constituents of concern in normal residue

shall be determined based on analyses of a minimum of 10 samples representing a

minimum of 10 days of operation. 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) of the 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 of the toxic constituents of concern 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 owner or operator shall use statistical procedures

prescribed in "Statistical Methodology for Bevill Residue Determinations" in Appendix

49 of this Title;

(b) waste~derived residue. Waste-derived residue shall be sampled and analyzed as

often as necessary to detennine whether the residue generated during each 24Mhour period

has concentrations of toxic constituents that are higher than 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 of a hazardous waste. 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 24Mhour 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 over a 24-hour period. the concentration of each toxic constituM

07-15-2005 6553 Conservation
§ 374-1.8 TITLE 6 ENVIRONMENTAL CONSERVAnON

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

disregarded: or

(ii) comparison of waste-derived residue concentrations with health-based limits;

(a) nonmetal constituents. The concentration of each nonmetal toxic constituent of

concern (specified in subparagraph [i} ofthis paragraph) in the waste-derived residue must

not exceed the health-based level specified in Appendix 47 of this Title, or the level of

detection (using analytical procedures prescribed in SW-846), whichever is higher. If a

health-based limit for a constituent of concern is not listed in Appendix 47 of this Title,

then a limit of 0.002 micrograms per kilogram or the level of detection (using analytical

procedures prescribed in SW-846), whichever is higher, shall be used. The levels speci~

fied in Appendix 47 of this Title (and the default level of 0.002 micrograms per kilogram

or the level of detection for constituents as identified in Note 1 of Appendix 47 of this

Title) are administratively stayed under the condition, for those constituents specified in

subparagraph (i) of this paragraph. that the owner or operator complies with alternative

levels defined as the land disposal restriction limits specified in section 376.4(d) of this

Title for F039 nonwastewaters. In complying with those alternative levels, if an owner or

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 or operator may demonstrate such good-faith efforts by achieving a

detection limit for the constituent that does not exceed an order of magnitude above the

level provided by section 376.4(d) of this Title for F039 nonwastewaters; and

(b) metal constituents. The concentration of metals 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 of this 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-hour period

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 a composite 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-hour period, the concentration of each toxic constituent shall be the arithmetic mean of

the concentrations in the samples. No results may be disregarded; and

(3) records sufficient to document compliance with the provisions of this subdivision shall

be retained until closure of the boiler or industrial furnace unit. At a minimum, the following

shall be recorded;

(i) levels of constituents in Appendix 23 of this Title that are present in waste-derived

residues;

(ij) if the waste-derived residue is compared with normal residue under subparagraph

(2)0) of this subdivision:

(a) the levels of constituents in Appendix 23 of this 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 of concern 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 07-15-2005
CHAPTER 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) of this 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 a receipt confirming delivery.

(iii) Department refers to the definition in section 370.2(b) of this 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) Exempted waste means a waste that meets the eligibility criteria in paragraph (b)(2)

of this section and meets all of the conditions in paragraph (b)(3) of this section, or meets the

eligibility criteria in paragraph (i)(l) of this section and complies with all the conditions in

paragraph (j)(1) of this section. Such waste is conditionally exempted from the regulatory

definition of hazardous waste described in section 371.1 (d) of this Title.

(vi) Hazardous waste means any material which is defined to be hazardous waste in

accordance with section 371.1 (d) of this Title, "Definition of hazardous 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 of in a RCRA hazardous waste land disposal unit.

(viii) License means a license as defined in section 380-2.1 of this Title.

(ix) Low-level mixed waste (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. or byproduct material, and which is not classified as high~level radioactive

waste, transuranic waste, spent nuclear fuel. or byproduct material as defined in section

11 e(2) of the Atomic Energy Act (See also definition in section 382.2 of this 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. or byproduct 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) NRC means the U. S. Nuclear Regulatory Commission,

(xiv) We or us within this section, means the department as defined in section 370.2(b)

of this Title.

(xv) You means a generator, treater. or other handler of low-level mixed waste or

eligible NARM.

(b) Storage and treatment conditional exemption and eligibility, (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) of this Title if your waste meets the eligibility criteria in paragraph (2) of this

subdivision and you meet the conditions in paragraph (3) of this 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 if it 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 or treatment 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 of this 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 of your claim either within

90 days of the effective date of this rule, or within 90 days of when a storage unit is 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 of your license that apply to the proper storage oflow-Ievel radioactive waste (not

including those license requirements that relate solely to recordkeeping);

(b) store your LLMW in tanks or containers in compliance with chemical compatibility requirements of a tank or container in section 373-2.9(h), or 373-2.1O(j), or 373-3.9(g),

or 373-3. IO(j) of this Title;

(c) certify that facility personnel who manage stored conditionally exempt LLMW

are trained in a manner that ensures that the conditionally 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 of your 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

container in accordance with the terms of your license. Treatment that cannot be done in a tank

or container without a RCRA pennit (such as incineration) is not allowed under this exemption.

(d) Loss ofconditional 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 if you fail to meet any of the conditions specified in paragraph (b)(3) of this 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 07-15-1005
CHAPTER 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 of learning of the 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 of the 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 of the 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 of radionuclides

above background or hazardous constituents in the leachate collection system of a storage

area. If the failure may endanger human health or the environment, you must follow the

provisions of your emergency plan.

(ij) We may terminate your conditional exemption for your LLMW, or require you to

meet additional conditions to claim a conditional exemption, for serious or repeated non~

compliance with any requirement(s) of this 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) of this section; and

(b) you send us a notice by certified delivery that you are reclaiming the exemption

for your LLMW. Your notice must be 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 of each 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) describe plans that you have implemented, listing specific steps you have taken,

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 if we find that your claim is

inappropriate based on factors including, but not limited to, the following: 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 of

paragraph (b)(3) of this 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 of the 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 of failure(s) to meet

the exemption conditions, and all records supporting any reclaim of an exemption:

(b) records of your 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 of LLMW including training in chemical waste management

. and hazardous materials incidents response; and

(d) your emergency plan as specified in subparagraph (b)(3)(ii) of this 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), or applicable regulations in 10 NYCRR Part 16, 12 NYCRR

Part 38. and article 175 of the New York City Health Code (as incorporated by reference in

section 380 w 1.6[a] of this Title); whichever is 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] of this Title), or applicable regulations in 10 NYCRR Part 16,

12 NYCRR Part 38, and article 175 of the New York City Health Code Cas incorporated by

reference in section 380-1.6[a] of this Title), whichever is longer.

(D Reentry into ReRA. (I) When is your LLMW no longer eligible for the storage and

treatment conditional exemption?

(0 When your LLMW has met the requirements of your license for decay-in-storage and

can be disposed of as 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 of this Part and Parts 370 through 373 and 376 of this Title, and the time

period for accumulation of a hazardous waste as specified in section 372.2(a)(8) of this 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 and treatment exemption. However, your waste may be eligible for the transportation

and disposal conditional exemption at paragraph (h)( 1) of this section.

(g) Storage unit closure. (1) Do closure requirements apply to units that stored LLMW

prior to the effective date of this section? Interim status and pennitted storage units that have

been used to store only LLMW prior to the effective date of this section and, after that date,

store only LLMW which becomes exempt under this section, are not subject to the closure

requirements of Subparts 373-2 and 373-3 of this Title. Storage units (for portions of units) that

have been used to store both LLMW and non-mixed hazardous waste prior to the effective date

of this 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 and disposal conditional exemption. (1) What does the transportation

and disposal conditional exemption do? This conditional exemption exempts your waste from

the regulatory definition of hazardous waste in section 371.l(d) of this Title if your waste meets

the eligibility criteria under paragraph (i)(l) of this section, and you meet the conditions in

paragraph UlC 1) of this 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) of this section, that

meets the waste acceptance criteria of a LLRWDF; and/or

(ij) an eligible NARM waste, defined in paragraph (a)(1) of this 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) of this subdivision.

(ii) If you are not already subject to Part 381 of this Title manifest and transportation

regulations for the shipment of your waste. you must manifest and transport your waste

6554.4 Conservation
CHAPTER IV QUALITY SERVICES § 374-1.9

according to Pan 38] regulations of this Title as described in paragraph (3) of this subdivision.

(iii) The exempted waste must be in containers when it is disposed ofin the LLRWDF as

described in paragraph (6) o1'thi5 subdivision.

(iv) The exempted waste must be disposed of at a designated LLRWDF as described in

paragraph (5) of this 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 of this Title.

(3) Are you subject to the manifest and transportation condition in subparagraph (l )(ii) of

this subdivision? If you are not already subject to Part 381 of this Title manifest and transporta~

tion regulations for the shipment of your waste, you must meet the manifest requirements under

section 381.12 of this 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) of this 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 of this Title; and

(iv) you have prepared a manifest for your waste according to manifest regulations

found under section 381.12 of this Title; and

(iv) you have placed your waste on a transportation vehicle destined for a LLRWDF

licensed by NRC or an NRC agreement state.

(5) Where must your exempted waste be disposed of? Your exempted waste must be

disposed of in a LLRWDF that is regulated and licensed by NRC under 10 CFR part 61 or by an

NRC agreement state under equivalent State regulations, including State NARM licensing

regulations for eligible NARM.

(6) What type of container must be used for disposal of exempted waste? Your exempted

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 a one time notice to us stating that you are claiming the transportation and disposal conditional exemption prior to the initial shipment of an exempted waste

from your facility to a LLRWDF. Your dated written notice must include your facility name,

address, phone number, and RCRA ID number, and be sent by certified delivery.

(ii) You must notify the LLRWDF receiving your exempted waste by certified delivery

before shipment of each 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) your facility's name, address, and RCRA ID number;

(£1) the RCRA hazardous waste codes prior to the exemption of the waste streams;

07-15-2005 6554.5 Conservation
§ 374-1.9 TITLE 6 ENVIRONMENTAL CONSERVAnON

(e) a statement that the exempted waste must be placed in a container according to

paragraph (j)(6) of this section prior to disposal in order for the waste to remain exempt

under the transportation and disposal conditional exemption of this section;

(j) the manifest number of the 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) of this section for three years after the exempted waste is sent for

disposaL

(iii) You must keep a copy of all notifications and return receipts required under

subparagraph (k)(l )(i) of this section for three years after the last exempted waste is sent for

disposal.

(iv) You must keep a copy ofthe notification and return receipt required under subparagraph (k)( l)(ii) of this 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 of your waste, you must also keep all other documents related to

tracking the exempted waste as required under section 381.12 of this Title, including applicable

NARM requirements, in addition to the records specified in subparagraphs (i) through (iv) of

this paragraph.

(m) Loss of transportation and disposal 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 if you

fail to manage it in accordance with all of the conditions specified in paragraph (j)(1) of this

section.

(a) When you fail to meet any of the conditions specified in paragraph (j)(l) of this

section for any of your wastes, you must report to us, in writing by certified delivery,

within 30 days of learning of the 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 of the 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 of the 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) of this section.

(2) If you 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 a return receipt confirming that we have received your notification of the loss

of the exemption specified in subparagraph (1 )(1) of this subdivision and if:

6554.6 Conservation 07-15-2005
CHAPTER IV QUALITY SERVICES § 374-1.13

Explosives or munitions emergenc.v is as defined in section 370.2(b) of this Title.

Explosives or munitions emergency response is as defined in section 370.2(b) of this

(a) you again meet the conditions specified in paragraph (D( 1) of this 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. Your notice must be signed by your authorized representative certifying

that the information provided is true, accurate. and complete. The notice must:

(1) explain the circumstances of each 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 of the 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 if we 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 of paragraph

(i)( 1) of this section. In reviewing a reclaimed conditional exemption under this section, we

may add conditions to the exemption to ensure that transportation and disposal activities will

protect human health and the environment.

Historical Note

Sec. filed July 5. 2005 eff 60 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, if these 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 of this Title apply to waste military munitions.

(b) Definitions. In addition to the definitions in section 370.2(b) of this 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) of this Title.

(3) Director is as defined in section 370.2(b) of this Title.

(4) Explosives or munitions emergency response specialist is as defined in section 370.2(b)

of this 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 of Defense (DOD), the Armed Services, Coast Guard,

NationaJ Guard, Department of Energy (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) of this Title.

(J 0) Military range means designated land and water areas 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 TITLE 6 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 buffer zones with restricted access and exclusionary areas.

(II) Unexploded ordnance (UXO) means military munitions that have been primed, 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 other cause.

(c) Definition ofsolid waste. (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 of unused propellant or other

munitions); or

(b) use in research, development, testing, and evaluation of military munitions, weapons, or weapon systems; or

(c) recovery, collection, and on-range destruction of unexploded 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 of unexploded

ordnance and contaminants when the burial is not a result of product 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) of this Title.

(2) An unused military munition is a solid waste when any of the following occurs:

(i) the munition is abandoned by being disposed of, burned, detonated (except during

intended use as specified in paragraph [I] of this subdivision), incinerated, or treated prior to

disposal;

(ii) the munition is removed from storage in a military magazine or other storage area

for the purpose of being disposed of, burned, or incinerated, or treated 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) when transported off range or from the site of use, where the site of use is not a range,

for the purposes of storage, reclamation, treatment, disposal, or treatment prior to disposal;

or

(ii) if recovered. collected, and then disposed of by burial, or landfilling either on or off

a range.

(4) For purposes ofEeL 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 promptly rendered safe and/or retrieved. Any imminent and

substantial threats associated with any remaining material must be addressed. If remedial

action is infeasible, the operator of the range must maintain a record of the event for as long as

any threat remains. The record must include the type of munition and its location (to the extent

the location is known).

(d) Standards applicable to the transportatioll of solid 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 of this Title are subject to regulation under Parts 370

through 374 and 376 ofthis Title. In addition. the transporter of the waste must provide oral notice

6554.8 Conservation 07-15-2005
CHAPTER IV QUALITY SERVICES § 374-1.13

to the department within 24 hours from the time the transporter becomes aware of any loss or theft

of the waste military munitions. In addition, a written submission describing the circumstances

shall be provided within five days from the time the transporter becomes aware of any loss or theft

of the 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) of this 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 of waste 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 subject to regulation under Parts 370 through 374 and Part 376

of this Title), unless all the following conditions are met:

(a) The waste military munitions are not chemical agents or chemical munitions.

(b) The waste military munitions must be subject to the jurisdiction of the Department

of Defense 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) of this Title.

(d) Within 90 days of August 12, 1997 or within 90 days of when a storage unit is first

used to store waste military munitions, whichever is later. the owner or operator must

notify the director of the location of any 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 aware of any loss or theft ofthe waste military munitions or any failure to meet a

condition of this 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) of this paragraph from regulation as

hazardous waste shall apply only to the storage of non-chemical waste military munitions. It

does not affect the regulatory status of waste military munitions as hazardous wastes with

regard to transportation, treatment or disposal.

(iii) The conditional exemption in subparagraph (i) of this paragraph applies only so

long as all of the conditions in subparagraph (i) of this paragraph are met.

(2) Notice of tennination of waste storage. The owner or operator must notify the director

when a storage unit identified in clause (1 )(i)(d) of this 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 of the 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 of subparagraph (I )(i) of this subdivision. If the 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

reinstate the conditional exemption under subparagraph (I )(i) ofthis subdivision. If the 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 of the application. However. the director may terminate a conditional exemption reinstated by default in the

preceding sentence if he/she finds that reinstatement is inappropriate based on factors such as

the owner's or operator's failure to provide a satisfactory explanation of the 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) Waste chemical munitions. (i) 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 listed or identified as a hazardous waste and shall

be subject to the applicable regulatory requirements of Parts 370 through 374 and 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) of this 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) of this Title.

(g) Standards applicable to the treatment and disposal of waste 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 of this Title.

Historical Note

Sec. filed Sept. 29. 1998 eff. 60 days after tiling.

6554.10 Conservation 07-15-2005
CHAPTER 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 of universal waste

Standards for large quantity handlers of universal waste

Standards for universal waste transporters

Standards for destination facilities

Import requirements

Petitions to include other wastes under this Subpart

Historical Note

Subpart (§§ 374-3.1-374-3.7) filed Sept. 29,1998 eff. 60 days after filing.

§ 374-3.1 General requirements.

(a) Scope. (1) This Subpart establishes requirements for managing the following:

(i) batteries as described in subdivision (b) of this section;

(ii) pesticides as described in subdivision (c) of this section;

(iii) thermostats as described in subdivision (d) of this section; and

(iv) lamps as described in subdivision (e) of this section.

(2) This Subpart provides an alternative set of management standards in lieu of regulation

under Part 370 through Subpart 374-1, and Part 376 of this Title.

(b) Applicability-batteries. (1) Batteries covered under this Subpart.

(i) The requirements of this Subpart apply to persons managing batteries, as described in

subdivision (i) of this section, except those listed in paragraph (2) of this subdivision.

(ii) Spent lead-acid batteries which are not managed under section 374-1.7 of this Part,

are subject to martagement under this Subpart.

(2) Batteries not covered under this Subpart. The requirements of this Subpart do not apply

to persons managing the follOWing batteries:

(i) Spent lead-acid batteries that are managed under section 374-1.7 of this Part.

(ii) Batteries, as described in subdivision (i) of this section, that are not yet wastes under

Part 371 of this Title, including those that do not meet the criteria for waste generation in

paragraph (3) of this 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 of this Title.

(3) Generation of waste batteries. (i) A used battery becomes a waste on the date it is

discarded (e.g., when sent for 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 of this 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) of this Title. including, but not 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 of a suspended or canceled pesticide, or a pesticide that is not in compliance with FIFRA, incorporated by reference in section 370.1 (e) of this Title, that are pari

of a voluntary recall by the registrant. \

(ii) Stocks of other unused pesticide products that are collected and managed as part of a

waste pesticide collection program approved by the department, meeting standards set forth

in Subpart 373-4 of this 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) of this subdivision, and unused

pesticide products described in subparagraph (1 )(ii) of this 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] of this Title address pesticides disposed of on 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 of this Title);

(ii) pesticides not meeting the conditions set forth in paragraph (1) of this subdivision.

These pesticides must be managed in compliance with the hazardous waste regulations in

Part 370 through Subpart 374-1, and Part 376 of this Title;

(iii) pesticides that are not wastes under Pari 371 of this Title, including those that do not

meet the criteria for waste generation in paragraph (3) of this subdivision or those that are not

wastes as described in paragraph (4) of this 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 of this 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 generator of the 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) of this subdivision

becomes a waste on the date the generator decides 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) of this Title; thus the pesticide is not a hazardous waste and is not

SUbject to hazardous waste requirements, including this Subpart. This pesticide remains

SUbject to the requirements of FlFRA, incorporated by reference in section 370.1 (e) of this

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

[other than use constituting disposal] or reuse [other than burning for energy recovery], or

reclamation). Such a pesticide 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 a recalled pesticide that is exported to a foreign destination for use or

reuse, remains subject to the requirements of FIFRA.

(ii) Unused pesticide products described in paragraph (l)(ii) of this subdivision, if the

generator of the unused pesticide product has not decided to discard (e.g., burn for energy

recovery) them. These pesticides remain subject to the requirements of FlFRA.

6568.2x Conservation 03-15-2006
CHAPTER 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) of this section, except those listed in paragraph (2) of this subdivision.

(2) Thermostats not covered under this Subpart. The requirements of this SUbpart do not

apply to persons managing the following thermostats:

(i) Thermostats that are not yet wastes under Part 371 of this Title. Paragraph (3) ofthis

subdivision describes when thermostats become wastes.

(ii) Thermostats that are not hazardous waste. A thermostat is a hazardous waste if it

exhibits onc or more of the characteristics identified in section 371.3 of this Title.

(3) Generation of waste thermostats. (i) A used thermostat becomes a waste on the date

it is discarded (e.g.. sent for reclamation).

(ii) An unused thermostat becomes a waste on the date the handler decides 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) of this section,

except those listed in paragraph (2) of this subdivision.

(2) Lamps not covered under this Subpart. The requirements ofthis Subpart do not apply to

persons managing the following lamps.

(i) lamps that are not yet wastes under part 371 of this Title as provided in paragraph (3)

of this subdivision; and

(il) lamps that are not hazardous waste. A lamp is a hazardous waste ifit exhibits one or

more of the characteristics identified in section 371.3 ofthis Title.

(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 on the date the handler decides to discard it.

(g) [Re6e,.,'e~

(h) Applicability-household and conditionally exempt small quantity generator waste. (1)

Persons managing the wastes listed in subparagraphs (i) and (ii) ofthis paragraph may, at their

option, manage them under the requirements of this SUbpart:

(i) Household wastes that are exempt under section 371.1(e)(2)(i) of this Title and are

also of the same type as the universal wastes defined at subdivision (i) of this section.

(ii) Conditionally exempt small quantity generator wastes that are exempt under section

371.1(f) of this Title and are also of the same type as the universal wastes defined in

subdivision (i) of this section.

(2) Persons who commingle the wastes described in subparagraphs (l)(i) and (il) of this

subdivision together with universal waste regulated under this Subpart must manage the

commingled waste under the requirements of this Subpart.

(i) Definitions. (1) Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An

electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such

connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive

electrical energy. The term battery also includes an intact, unbroken battery from which the

electrolyte has been removed.

(2) Destination facility 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 of universal waste is only accumulated, is not a destination facility for purposes of

managing that category of universal waste.

(3) FlFRA means the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.

136-136y), incorporated by reference in section 370.1 (e) of this 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 referred to as universal waste lamp, is defined as the bulp or tube 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 of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high

intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

(6) Large quantity handler of universal waste means a universal waste handler (as defined

in this subdivision) who accumulates 5,000 kilograms or more total of universal waste (batter~

ies, pesticides, thermostats or lamps, calculated collectively) at any time. This designation as a

large quantity handler of universal waste is retained through the end of the calendar year in

which 5,000 kilograms or more total of universal waste is accumulated.

(7) On~site as defined in section 370.2(b) of this Title.

(8) Pesticide means any_ substance or mixture of substances intended for preventing,

destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant,

or desiccant, other than any article that:

(i) is a new animal drug under FFDCA section 201(w), incorporated by reference in

section 370.1(e) of this Title;

(ii) is an animal drug that has been determined by regulation of the Secretary of Health

and Human Services not to be a new animal drug; or

(iii) is an animal feed underFFDCA section 201(x), incorporated by reference in section

370.1(e) of this Title, that bears or contains any substances described by subparagraph (i) or

(ii) of this paragraph.

(9) Small quantity handler ofuniversal waste means a universal waste handler (as defined

in this subdivision) who does not accumulate 5,000 kilograms or more total of universal 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~containingampules 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) of this Suhpart.

(11) Universal waste means any of the following hazardous wastes that are subject to the

universal waste requirements ofthis Subpart:

(i) batteries as described in subdivision (b) of this section;

(ii) pesticides as described in subdivision (c) of this section;

(iii) thermostats as described in subdivision (d) of this section; and

(iv) lamps as described in subdivision (e) of this section.

(12) Universal waste handler:

(0 Means:

(a) a generator (as defined in this subdivision) of universal waste; or

(b) the owner or operator of a facility, including all contiguous property, that receives

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 (except underthe provisions ofsection 374~3.2[d][l] or [3]; or

374-3.3[d][1] or [3]), disposes of, or recycles universal waste; or

(b) a person engaged in the off-site transportation of universal waste by air, rail,

highway, or water, including a universal waste transfer facility.

6568.4 Conservation 01-15-2002
CHAPTER IV QUALITY SERVICES § 374-3.2

(13) Universal waste transfer facility means any transportation~related facility including

loading docks, parking areas, storage areas and other similar areas where shipments of universal waste arc held during the normal course of transportation 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 of universal waste.

(a) Applicability. This section applies to small quantity handlers of universal waste (as

defined in section 374-3.1 [I] of this Subpart). Any non-hazardous waste generated or managed by

a small quantity handler, must comply with all applicable requirements of Part 360 of this Title.

(b) Prohibitions. A small quantity handler of universal waste is:

(1) prohibited from disposing of universal waste; and

(2) prohibited from diluting or treating universal waste, except by responding to releases as

provided in subdivision (h) of this section; or by managing specific wastes as provided in

subdivision (d) of this section.

(c) Notification. A small quantity handler of universal waste is not required to notify EPA

or the department of universal waste handling activities.

(d) Waste management. (1) Universal waste batteries. A small quantity handler ofuniversal waste must manage universal waste batteries in a way that prevents releases of any universal

waste or component of a universal waste to the environment, as follows:

(i) A small quantity handler of universal waste must contain any universal waste battery

that shows evidence of leakage, 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 of the battery, and must lack evidence of leakage, spillage, or

damage that could cause leakage under reasonably foreseeable conditions.

(ii) A small quantity handler of universal 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 after removal):

(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 or battery packs into individual batteries or cells;

(j) removing batteries from consumer products; or

(g) removing electrolyte from batteries.

(iii) A small quantity handler of universal waste who removes electrolyte from batteries,

or who generates other solid waste (e.g., battery pack materials, discarded consumer products) as a result of the activities listed above, must detennine whether the electrolyte and/or

other solid waste exhibit a characteristic of hazardous 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 of Parts 370 through Subpart 374-1 and

Part 376 of this Title. The handler is considered the generator of the hazardous electrolyte

and/or other waste and is subject to Part 372 of this 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 of this Title.

OJ· 15·2002 6568.5 Conservation
§ 374-3.2 TITLE 6 ENVIRONMENTAL CONSERVATION

(2) Universal waste pesticides. A small quantity handler of universal waste must manage

universal waste pesticides in a way that prevents releases of any universal waste or component

of a universal waste to the environment. The universal waste pesticides must be contained in

one Or more of the following:

(i) 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) of this paragraph, provided that the unacceptable container is overpacked in a container that does meet

the requirements of subparagraph (i) of this paragraph;

(iii) a tank that meets the requirements of section 373-3.10, except for section

373-3.1O(h)(3), (k) and (1) of this Title; or

(iv) a transport vehicle or vessel that is closed, structurally sound, compatible with the

pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage

under reasonably foreseeable conditions.

(3) Universal waste thermostats. A small quantity handler of universal waste must manage

universal waste thermostats in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(i) A small quantity handler of universal waste must contain any universal waste thermostat that shows evidence of leakage, 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 of the thermostat, and must lack evidence of leakage,

spillage, or damage that could cause leakage under reasonably 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 manner designed to prevent breakage of the ampules;

(b) removes ampules only over or in a containment device (e.g., tray or pan 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 or leaks from broken ampules, from the containment

device to a container that meets the requirements of section 372.2(a)(8) of this Title;

(d) immediately transfers any mercury resulting from spills or leaks from broken

ampules from the containment device to a container that meets the requirements ofsection

372.2(a)(8) of this 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] of this 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

prevent breakage during storage, handling, and transportation.

(iii) (a) A small quantity handler of universal waste who removes mercury-containing

ampules from thermostats must determine whether the following exhibit a characteristic

of hazardous waste identified in section 371.3 of this 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 01-15-2002
CHAPTER 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 of this Title. The handler is considered the

generator of the mercury, residues, and/or other waste and is subject to Pan 372 of this

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 waste regulations and Part 360 of this Title.

(4) Lamps. A small quantity handler of universal waste must manage lamps in a way that

prevents releases of any universal waste or component of a universal waste to the environment,

as follows:

(i) A small quantity handler of universal waste must contain any lamp in containers or

packages that are structurally sound, adequate to prevent breakage, and compatible with the

contents of the lamps. Such containers and packages must remain closed and must lack

evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

(ii) A small quantity handler of universal 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 of breakage, leakage, or damage that could cause the release of mercury or other

hazardous constituents to the environment. Containers must be closed, structurally sound,

compatible with the contents of the lamps and must lack evidence of leakage, spillage or

damage that could cause leakage or releases of mercury or other hazardous constituents to

the environment under reasonably foreseeable conditions.

(e) Labeling/marking. A small quantity handler of universal waste must label or mark the

universal waste to identify th~.type of universal waste as specified below:

(1) Universal waste batteries (i.e., each battery), or a container 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.l(c)(l)(i) of this

Subpart are contained must be 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)(l)(ii) of this Subpan are contained must be labeled or marked

clearly with:

(i) (a) the label that was on the product when purchased, if still legible;

(b) if using the labels described in clause (a) of this subparagraph is not feasible, the

appropriate label as required under the Department of Transportation regulation 49 CFR

pan 172, incorporated by reference in section 370.1 (e) of this 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 or recognized by the department; and

(ii) the words "universal waste - pesticide(s)" or "waste - pesticide(s)."

(4) Universal waste thermostats (i.e., each thermostat), or a container in which the thermostats are contained, must be labeled or marked clearly with anyone of the following phrases:

"universal waste - mercury thcrrnostat(s)," or "waste mercury thermostat(s)," or "used mercury

thennostat(s)."

(5) Each lamp or a container or package in which such lamps are contained must 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 of universal 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 of paragraph (2) of this

subdivision are mel.

(2) A small quantity handler of universal waste may accumulate universal waste for longer

than onc year from the date the universal waste is generated, or received from another handler,

ifsuch activity is solely for the purpose of accumulation of such quantities of universal waste as

necessary to facilitate proper recovery, treatment, or disposal. However, the handler bears the

burden of proving that such activity is solely for the purpose of accumulation of such quantities

of universal waste as necessary to facilitate proper recovery, treatment, or disposaL

(3) A small quantity handler of universal waste who accumulates universal 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 make this demonstration by:

(i) placing the universal waste in a container and marking or labeling the container with

the earliest date that any universal waste in the container became 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 an inventory system on-site that identifies the date each universal 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 area became a waste or was received; or

(vi) any other method which clearly demonstrates the length of time that the universal

waste has been accumulated from the date it becomes a waste or is received.

(g) Employee training. A small quantity handler of universal 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) of universal waste

handled at the facility.

(h) Response 10 releases. (l) A small quantity handler of universal waste must immediately contain all releases of universal wastes and other residues 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 of Parts 370 through Subpart 374-1 and Part 376

of this Title. The handler is considered the generator of the material resulting from the release,

and must manage it in compliance with Part 372 of this Title.

(i) Off-site shipments.

(1) (i) A small quantity handler of universal 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 off site, the requirements of Part 364 of

this Title must be met.

(2) If a small quantity handler of universal 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 of section 374-3.4 of this Subpart and Part 364

of this Title while transporting the universal waste.

(3) If a universal waste being offered for off-site transportation meets the definition of

hazardous materials under CFR 49 parts 171-180, incorporated by reference in section 370.1 (e)

of this Title, a small quantity handler ofumversal waste must package, 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) of this Title.

(4) Prior to sending a shipment of universal waste to another universal waste handler, the

originating handler must ensure that the receiving handler agrees to receive the shipment.

(5) If a small quantity handler of universal waste sends a shipment of universal waste to

another handler or to a destination facility and the shipment is 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) A small quantity handler of universal waste may reject a shipment containing universal

waste, or a portion of a shipment containing universal waste that the small quantity handler has

received from another handler. If a handler rejects a shipment or a portion of a shipment, the

handler must contact the originating handler to notify them of the rejection and to discuss

reshipment of the load. The handler must:

(i) send the shipment back 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 a small quantity handler of universal waste receives a shipment containing hazardous

waste that is not a universal waste, the handler must immediately notify the appropriate

department regional director of the illegal shipment, and provide the name, address, and phone

number of the originating shipper. The department regional director will provide instructions

for managing the hazardous waste.

(8) If a small quantity"handler of universal 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 or local solid waste regulations, including Pan 360 of this Title.

(j) Tracking universal waste shipments. A small quantity handler of universal waste is not

required to keep records of shipments of universal waste.

(k) Exports. A small quantity handler of universal waste who sends universal waste to a

foreign destination other than to those GEeD countries specified in section 372.5(h)(1)(i) of this

Title (in which case the handler is subject to the requirements of section 372.5[h] of this 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) of this Title;

(2) export such universal waste only upon consent of the receiving country and in con~

fonnance with the EPA acknowledgment of consent as defined in section 372.5 of this Title;

and

(3) provide a copy of the EPA acknowledgment of consent for the shipment to the

transporter transporting the shipment for export.

Historical Note

Sec. filed Sept. 29, 1998; amd. filed Jan. 14,2002 eff. 60 days after filing. Amended (a), (d)-

(e).

§ 374~3.3 Standards for large quantity handlers of universal waste.

(a) Applicability. This section applies to large quantity handlers of universal waste (as

defined in section 374-3.1 [1} of this Subpart). Any non-hazardous waste generated or managed by

a large quantity handler, must comply with all applicable requirements of Part 360 of this Title.

(b) Prohibitions. A large quantity handler of universal waste is:

(1) prohibited from disposing of universal waste; and

6568.9 Conservation
§ 374-3.3 TITLE 6 ENVIRONMENTAL CONSERVATION

(2) prohibited from diluting or treating universal waste, except by responding to releases as

provided in subdivision (h) of this section; or by managing specific wastes as provided in

subdivision (d) of this section.

(c) Notification.

(1) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, a large

quantity handler of universal waste must have sent written notification of universal waste

management to the EPA regional administrator, and received 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 required to renotify under this subdivision.

(iii) A large quantity handler of universal waste who manages recalled universal waste

pesticides as described in section 374-3.l(c)(l)(i) of this Subpart and who has sent notification to EPA as required by 40 CFR part 165, as incorporated by reference in section 370.l(e)

of this 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 of the universal waste management activities;

(iv) a list of all of the types of universal waste managed by the handler (e.g., batteries,

pesticides, thermostats, lamps); and

(v) a statement indicating that the handler is 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 handler is accumulating above this quantity.

(d) Waste management. (l) Universal waste batteries. A large quantity handler of universal waste must manage universal waste batteries in a way that prevents releases of any universal

waste or component of a universal waste to the environment, as follows:

(0 A large quantity handler of universal waste must contain any universal waste battery

that shows evidence of leakage, 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 of the battery, and must lack evidence of leakage, spillage, or

damage that could cause leakage under reasonably foreseeable conditions.

(ii) A large quantity handler of universal 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 after removal):

(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 or battery packs into individual batteries or cells;

(j) removing batteries from consumer products; or

(g) removing electrolyte from batteries.

(iii) A large quantity handler of universal waste who removes electrolyte from batteries,

or who generates other solid waste (e.g., battery pack materials, discarded consumer products) as a result of the activities listed above, must detennine whether the electrolyte and/or

other solid waste exhibit a characteristic of hazardous waste identified in section 371.3 of

this Title.

6568.10 Conservation 01-15-2002
CHAPTER 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 of Parts 370

through Subpart 374-1 and Pan 376 of this Title. The handler is considered the generator

of the hazardous electrolyte and/or other waste and is subject to Part 372 of this 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 of this Title.

(2) Universal waste pesticides. A large quantity handler of universal waste must manage

universal waste pesticides in a way that prevents releases of any universal waste or component

of a universal waste to the environment. The universal waste pesticides must be contained in

one or more of the 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) of this paragraph, provided that the unacceptable container is overpacked in a container that does meet

the requirements of subparagraph (i) of this paragraph.

(iii) A tank that meets the requirements of section 373-3.10, except for section

373-3.1O(h)(3), (k) and (1) of this Title.

(iv) A transport vehicle or vessel that is closed, structurally sound, compatible with the

pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage

under reasonably foreseeable conditions.

(3) Universal waste thermostats. A large quantity handler of universal waste must manage

universal waste thermostats in a way that prevents releases of any universal waste or component of a universal waste to'the environment, as follows:

(i) A large quantity handler of universal waste must contain any universal waste thermostat that shows evidence of leakage, 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 of the thermostat, and must lack evidence of leakage,

spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(ii) A large quantity handler of universal waste may remove mercury-containing

ampules from universal waste thermostats provided the handler:

(a) removes the ampules in a manner designed to prevent breakage of the ampules;

(b) removes ampules only over or in a containment device (e.g.•tray or pan sufficient

to contain any mercury released from an ampule in case of breakage);

(c) ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules, from the containment

device to a container that meets the requirements of section 372.2(a)(8) of this Title;

(d) immediately transfers any mercury resulting from spills or leaks from broken

ampules from the containment device to a container that meets the requirements 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

Federal Regulations [Labor] incorporated by reference in section 370.1 [e] of this 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 arc in good condition;and

(h) packs removed ampules in the container with packing materials adequate to

prevent breakage during storage, handling, and transportation.

01-15-2002 6568.II Conservation
§ 374-3.3 TITLE 6 ENVIROI',MENTAL CONSERVATION

(iii) (a) A large quantity handler of universal waste who removes mercury~containing

ampules from thermostats must determine whether the following exhibit a characteristic

of hazardous waste identified in section 371.3 of this Title:

(1) mercury or clean-up residues resulting from spills or leaks; andlor

(2) other solid waste generated as a result of the 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 of tbis Title. The handler is considered the

generator of the mercury, residues, and/or other waste and is subject to Part 372 of this

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 waste regulations, including Part 360 of this Title.

(4) Lamps. A large quantity handler of universal waste must manage lamps in a way that

prevents releases of any universal waste component of a universal waste to the environment, as

follows:

(i) A large quantity handler of universal waste must contain any lamp in containers or

packages that are structurally sound, adequate to prevent breakage, and compatible with the

contents of the lamps. Such containers and packages must remain closed and must lack

evidence of leakage, spillage or damage that could cause leakage under reasonably foresee~

able conditions.

(ii) A large quantity handler of universal 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 of breakage, leakage, or damage that could cause the release of mercury or other

hazardous constituents to the environment. Containers must be closed, structurally sound,

compatible with the contents of the lamps and must lack evidence of leakage, spillage or

damage that could cause leakage or releases of mercury or other hazardous constituents to

the environment under reasonably foreseeable conditions.

(e) Labeling/marking. A large quantity handler of universal waste must label or mark the

universal waste to identify the type of universal 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 must be 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) of this Subpart are contained must be labeled or marked

clearly with:

(i) (a) the label that was on the product when purchased, if still legible;

(b) if using the labels described in clause (a) of this subparagraph is not feasible, the

appropriate label as required under the Department of Transportation regulation 49 CFR

part 172, incorporated by reference in section 370.1 (e) of this 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 or recognized by the department; and

(ii) the words "universal waste - pesticide(s)" or "waste - pesticide(s)."

6568.12 Conservation 01-15-2002
CHAPTER 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 or a container or package in which such lamps arc contained must be labeled

or marked clearly with anyone of the following phrases: Universal Waste~Lamp(s), or Waste

Lamp(s). or Used Lamp(s).

(0 Accumulation time limits. 0) A large quantity handler of universal 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 of paragraph (2) of this

subdivision are met.

(2) A large quantity handler of universal waste may accumulate universal waste for longer

than one year from the date the universal waste is generated, or received from another handler,

ifsuch activity is solely for the purpose of accumulation ofsuch quantities of universal waste as

necessary to facilitate proper recovery, treatment, or disposal. However, the handler bears the

burden of proving that such activity was solely for the purpose of accumulation of such

quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal.

(3) A large quantity handler of universal 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 make this demonstration by:

(i) placing the universal waste in a container and marking or labeling the container with

the earliest date that any universal waste in the container became a waste or was received;

(ii) marking or labeling the individual item of universal waste (e.g., each battery or

thermostat) with the date it became a waste or was received;

(iii) maintaining an Ihventory 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 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 area became a waste or was received; or

(vi) any other method which clearly demonstrates the length of time that the universal

waste has been accumulated from the date it becomes a waste or is 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 their responsibilities during nonna1 facility operations and emergencies.

(h) Response to releases. (1) A large quantity handler of universal waste must immediately contain all releases of universal wastes and other residues 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 of Parts 370 through Subpart 374-1 and Part 376

of this Title. The handler is considered the generator of the material resulting from the release,

and is subject to Part 372 of this Title.

(i) Off-site shipments.

(1) (i) A large quantity handler of universal 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 off site, the requirements of Part 364 of

this Title must be met.

(2) If a large quantity handler of universal 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 transporter requirements of section 374-3.4 of this Subpart and Part 364

of this 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, a large quantity handler of universal waste must package, label, mark and

placard the shipment, and prepare the proper shipping papers in accordance with the applicable

Department ofTransportation regulations under 49 CFR parts 172 through 180, as incorporated

by reference in section 370.1(e) of this Title.

(4) Prior to sending a shipment of universal waste to another universal waste handler, the

originating handler must ensure that the receiving handler agrees to receive the shipment.

(5) If a large quantity handler of universal waste sends a shipment of universal waste to

another handler or to a destination facility and the shipment is rejected by the receiving handler

or destination facility, the originating handler must 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 handler of universal waste may reject a shipment containing universal

waste, or a portion of a shipment containing universal waste that the handler has received from

another handler. If a handler rejects a shipment or a portion of a shipment, the handler must

contact the originating handler to notify them of the rejection and to discuss reshipment of the

load. The handler must:

(i) send the shipment back 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 a large quantity handler of universal waste receives a shipment containing hazardous

waste that is not a universal waste, the handler must immediately notify the appropriate

department regional director of the illegal shipment, and provide the name, address, and phone

number of the originating shipper. The department regional director will provide instructions

for managing the hazardous waste.

(8) If a large quantity handler of universal 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 or local solid waste regulations, including Part 360 of this Title.

(j) Tracking universal waste shipments. (l) Receipt of shipments. A large quantity handler of universal waste must keep a record of each shipment of universal waste received at the

facility. The record may take the form of a log, invoice, manifest, bill of lading, or other

shipping document. The record for each shipment of universal waste received must include the

foHowing information:

(i) The name and address of the originating universal waste handler or foreign shipper

from whom the universal waste was sent.

(ii) The quantity of each type of universal waste received (e.g., batteries, pesticides,

thermostats).

(iii) The date of receipt of the shipment of universal waste.

(2) Shipments off-site. A large quantity handler of universal waste must keep a record of

each shipment of universal waste sent from the handler to other facilities. The record may take

the form of a log, invoice, manifest, bill of lading or other shipping document. The record for

each shipment of universal waste sent must include the following information:

(i) The name and address of the universal waste handler, destination facility, or foreign

destination to whom the universal waste was sent.

(ii) The quantity of each type of universal waste sent (e.g., batteries, pesticides, thermostats).

(iii) The date the shipment of universal waste left the facility.

6561.t]4 Conservation 01-15·2002
CHAPTER IV QUALITY SERVICES

(3) Record retention. (i) A large quantity handler of universal waste must retain the

records described in paragraph (1) of this subdivision for at least three years from the date of

receipt of a shipment of universal waste.

(ii) A large quantity handler of universal waste must retain the records described in

paragraph (2) of this subdivision for at least three years from the date a shipment ofuniversal

waste left the facility.

(k) Exports. A large quantity handler of universal waste who sends universal waste to a

foreign destination otherthan to those DECD countries specified in section 372.5(h)(I)(i) of this

Title (in which case the handler is subject to the requirements of section 372.5(h] of this 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 of the receiving country and in conformance with the EPA acknowledgment of consent as defined in section 372.5 of this Title;

and

(3) provide a copy of the EPA acknowledgment of consent for the shipment to the

transporter transporting the shipment for export.

llistorical Note

Sec. filed Sept. 29, 1998; amd. filed Jan. 14,2002 eff. 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] of this Subpart).

(~ PM'!: 364 afll1is 'Ht:le !HAS lI:fllllitlS ttl !lsi. tlF8!H 'Ilste tHB9flBFttlll8.

(b) Prohibitions. A universal waste transporter is:

(1) prohibited from disposing of universal waste; and

(2) prohibited from diluting ortreating universal waste, except by responding to releases as

provided in subdivision (e) oftbis section.

(c) Waste management. (1) A universal waste transporter must comply with all applicable U.S. Department ofTransportation regulations in 49 CPR parts 171 through 180, incorporated by reference in section 370.l{e) of this Title. for transport of any universal waste that

meets the definition of hazardous material in 49 CFR 171.8. For purposes of the Department of

Transportation regulations, a material is considered a hazardous waste if it is subject to the

hazardous waste manifest requirements ofthe U.S. Environmental Protection Agency specified

in 40 CPR part 262. Because universal waste does not require a hazardous waste manifest, it is

not considered hazardous waste under the Department ofTransportation regulations.

(2) Some universal waste materials are regulated by the Department of Transportation as

hazardous materials because they meet the criteria for one or more hazard classes specified in

49 CFR 173.2. As universal waste shipments do not require a manifest under 40 CPR 262, 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 transfer facility for 10 days or less.

(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 of section 374-3.2 or 374-3.3 of this Subpart while storing the universal waste.

{e} Response to releases. (I) A universal waste transporter must immediately contain all

releases of uni versal wastes and other residues from universal wastes.

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§ 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 if so, it is subject to all applicable requirements of Parts 370

through Subpart 374-1 and Pan 376 of this Title. If the waste is determined to be a hazardous

waste, the transporter is subject to generalOf requirements under Part 372 of this 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) If the universal waste being shipped off-site meets the Department of Transportation's

definition of hazardous materials under 49 CFR 171.8, incorporated by reference in section

370.1(e) of this Title, the shipment must be properly described on a shipping paper in accordance with the applicable Department of Transportation regulations under 49 CFR part 172,

incorporated by reference in section 370.l(e) of this Title.

(g) Exports. A universal waste transporter transporting a shipment of universal waste to a

foreign destination other than to those OEeD countries specified in section 372.5(h)(1 )(i) of this

Title (in which case the transporter is subject to the requirements ofsection 372.5[h] of this Title)

may not accept a shipment if the transporter knows the shipment does not confonn to the EPA

acknowledgment of consent. In addition the transporter must ensure that:

(1) a copy of the EPA acknowledgment of consent 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. 14,2002 eff. 60 days after filing. Amended (a)(l).

§ 374-3.5 Standards for destination facilities.

(a) Applicability. (1) The owner or operator of a destination facility (as defined in section

374-3.1[i] of this Suhpart) is suhject to all applicable requirements of Subparts 373-1, 373-2,

373-3,374-1, Parts 376 and 621 of this Title, and the notification requirement under section

3010 of RCRA.

(2) The owner or operator of a destination facility that recycles a particular universal waste

without storing that universal waste before it is recycled must comply with section

371.1 (g)(3)(ii) of this Title.

(b) Off-site shipments. (1) The owner or operator of a destination facility is prohibited

from sending or taking universal waste to a place other than a universal waste handler, another

destination facility or foreign destination,

(2) The owner or operator of a destination facility may reject a shipment containing

universal waste, or a portion of a shipment containing universal waste. Ifthe owner or operator

of the destination facility rejects a shipment or a portion of a shipment, the owner or operator

must contact the shipper to notify the shipper of the rejection and to discuss reshipment of the

load. The owner or operator of the destination facility must:

(i) send the shipment back to the original Shipper; or

(ii) if agreed to by both the shipper and the owner or operator of the destination facility,

send the shipment to another destination 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 of the destination facility

must immediately notify the appropriate department regional director of the illegal shipment,

and provide the name, address, and phone number of the shipper. The department regional

director will provide instructions for managing the hazardous waste.

(4) If the owner or operator of a destination 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.

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CHAPTER IV QUALITY SERVICES § 374-3.7

(c) Tracking universal waste shipments. (l) The owner or operator of a destination facility must keep a record of each shipment of universal waste received at the facility. The record

may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The

record for each shipment of universal waste received must include the following information:

(i) The name and address of the universal waste handler, destination facility, or foreign

shipper from whom the universal waste was sent.

(ii) The quantity of each type of universal waste received (e.g., batteries, pesticides,

thermostats).

(iii) The date of receipt of the shipment of universal waste.

(2) The owner or operator of a destination facility must retain the records described in

paragraph (I) of this subdivision for at least three years from the date of receipt of a shipment of

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 imported from a foreign country into

the United States are subject to the applicable requirements of this SUbpart, immediately after the

waste enters the United States, as indicated in paragraphs (1) through (4) of this subdivision.

(l) A universal waste transporter is subject to the universal waste transporter requirements

of section 374-3.4 of this Subpart.

(2) A universal waste handler is subject to the small or large quantity handler of universal

waste requirements of section 374-3.2 or 374-3.3 of this Subpart, as applicable.

(3) An owner or operator of a destination facility is subject to the destination facility

requirements of section 374-3.5 of this Subpart.

(4) Persons managing universal waste that is imported from an OECD country as specified

in section 372.5(h)(1)(i) of this Title are subject to paragraphs (1) through (3) of this subdivision, in addition to the requirements of section 372.5(h) of this Title.

Historical Note

Sec. filed Sept. 29, 1998 eff. 60 days after filing.

§ 374-3.7 Petitions to include other wastes under this Subpart.

(a) General. (l) Any person seeking to add a hazardous waste or a category of hazardous

waste to this Part may petition for a regulatory amendment under this Subpart and section

370.5(a) and (c) of this Title.

(2) To be successful, the petitioner must demonstrate to the satisfaction of the commissioner that regulation under the universal waste regulations of this Subpart: is appropriate for

the waste or category of waste; will improve management practices for the waste or category of

waste; and will improve implementation of the hazardous waste program. The petition must

include the information required by section 370.5(a)(2) of this Title. The petition should also

address as many of the factors listed in subdivision (b) of this section as are appropriate for the

waste or waste 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 or deny a petition using the factors listed in subdivision (b) of this section. The decision will be based on the weight of evidence showing that

regulation under this Subpart is appropriate for the waste or category of waste, will improve

management practices for the waste or category of waste, and will improve implementation of

the hazardous waste program.

(b) Factors for petitions to include other wastes under this Subpart. (1) The waste or

category of waste, as generated by a wide variety of generators, is listed in section 371.4 of this

Title, or (if not listed) a proportion of the 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 of this Title. (When a characteristic waste is added

to the universal waste regulations of this Subpart by using a generic name to identify the waste

category [e.g., batteries], the definition of universal waste in sections 370.2[b] and 374-3.1 [i] of \

this Title will be amended to include only the hazardous waste portion of the waste category

[e.g., hazardous waste batteries]). Thus, only the portion of the waste stream that does exhibit

one or more charactelistics (i.e., is hazardous waste) is SUbject to the universal waste regulations of this 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 of types of establishments (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 or category of waste is generated by a large number of generators (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 or category of waste (including packaging,

marking, and labeling practices) would ensure close stewardship of the waste.

(5) The risk posed by the waste or category of waste 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 that the waste will be diverted from non-hazardous waste management systems (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 of the waste or category of waste under this Subpart will improve implementation of and 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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