Revised Standards for Hazardous Waste Combustors

[Federal Register: April 19, 1996 (Proposed Rules)]
[Page 17458-17508]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap96-29]

[[pp. 17458-17508]] Revised Standards for Hazardous Waste Combustors

[[Continued from page 17457]]

[[Page 17458]]

However, the State must modify its RCRA program by the deadline set
forth in Sec. 271.21(e). States that submit official applications for
final authorization 12 months after the effective date of these
regulations must include standards equivalent to these regulations in
their application. The requirements a State must meet when submitting
its final authorization application are set forth in 40 CFR 271.5.
3. Streamlined Authorization Under RCRA
Recently, EPA has initiated a series of rulemakings intended to
streamline and speed the State authorization of RCRA rules. On August
22, 1995, EPA proposed abbreviated authorization procedures for certain
routine Land Disposal Restrictions (LDR) provisions as part of the
Phase IV LDR rule (see 60 FR 43654 and 43686). This proposal would
implement streamlined authorization procedures for certain minor and
routine rulemakings for those States which certify that they have
authority equivalent to and no less stringent than the federal rule.
EPA believes that the abbreviated authorization procedures proposed in
the August 22, 1995, proposal would be appropriate for RCRA Subtitle C
authorization for those States that are approved to implement this rule
pursuant to 40 CFR Part 63, Subpart E, and are simply incorporating
this rule into their RCRA regulations. EPA requests comment regarding
the use of this proposed procedure for this authorization scenario.
Note however, that EPA is not proposing to use RCRA authorization as a
substitute for CAA section 112(l) approvals.
The primary reason that EPA is proposing to use an abbreviated
authorization procedure when States are approved to implement this rule
under the CAA, is that the delegation process and requirements in Part
63 are similar to authorization under 40 CFR 271.21. For example,
section 112(l)(1) of the CAA requires that a program submitted by a
State ''shall not include authority to set standards less stringent
than those promulgated by the Administrator.'' Further, section 116 of
the CAA precludes a State from adopting or enforcing less stringent
standards than those under section 112. See 40 CFR Secs. 63.12(a)(1),
271.1(h), and section 3009 of RCRA. States may also establish more
stringent requirements as long as they are not inconsistent with the
CAA. Further, section 112(l)(5)(A) of the CAA requires States to have
adequate authorities to ensure compliance, similar to the requirement
in section 3006(b) of RCRA. Thus, for EPA to approve a State rule or
program, the procedures and criteria in 40 CFR 63.91(b) must be met, as
well as any applicable requirements of Secs. 63.92 through 63.94. These
requirements are equivalent to those under RCRA. Therefore, using an
abbreviated RCRA authorization procedure would prevent States from
going through substantial authorization procedures under both the CAA
program and the RCRA program.
EPA is also committed to streamlining the authorization process for
States that would not be incorporating delegated CAA standards stemming
from the final rule. EPA believes that authorized States have
experience implementing sophisticated combustion regulatory programs
and would have the ability to effectively implement today's proposed
standards. Thus, EPA requests comment on whether all States that are
authorized for the incinerator regulations under 40 CFR Part 264 and
the Boiler and Industrial Furnace (BIF) regulations should use the
authorization procedure proposed on August 22, 1995. EPA is also
developing a second authorization procedure for those RCRA rules which
have more significant impacts on State hazardous waste programs that is
slightly more extensive than the procedure proposed on August 22, 1995.
This second procedure is also intended to significantly streamline the
authorization process, and will be described in detail in the upcoming
Hazardous Waste Identification Rule (HWIR) proposal for contaminated
media. EPA believes that this second procedure may be more appropriate
for today's proposal, given its significance and complexity. In the
upcoming HWIR-Media proposal, EPA will request comment whether this
procedure should be used for RCRA authorization in this case.

VIII. Definitions

Many of the terms used in today's proposal have been defined either
in the Clean Air Act or in existing Sec. 63.2. For terms that are not
already defined, we are proposing definitions in Sec. 63.1201. In
addition, we are proposing conforming definitions to the existing RCRA
regulations in Secs. 260.10 and 270.2.

A. Definitions Proposed in Sec. 63.1201

We are proposing definitions for the following terms in
Sec. 63.1201: Air Pollution Control System, Automatic Waste Feed Cutoff
System, Cement Kiln, Combustion Chamber, Compliance Date, Comprehensive
Performance Test, Confirmatory Performance Test, Continuous Monitor,
Dioxins and Furans, Feedstream, Flowrate, Fugitive Combustion
Emissions, Hazardous Waste, Hazardous Waste Combustor, Hazardous Waste
Incinerator, Initial Comprehensive Performance Test, Instantaneous
Monitoring, Lightweight Aggregate Kiln, Low Volatility Metals, New
Source, Notification of Compliance, One-Minute Average, Operating
Record, Reconstruction, Rolling Average, Run, Semivolatile Metals, and
TEQ.
We believe that the definitions of these terms is self-explanatory
as proposed.

B. Conforming Definitions Proposed in Secs. 260.10 and 270.2

To avoid confusion and ambiguity, we are proposing conforming
definitions in Secs. 260.10 and 270.2 for the following terms that
pertain to implementation of the current RCRA requirements and RCRA
requirements that would not be superseded by the proposed MACT
standards: RCRA operating permit, DRE performance standard, closure and
financial responsibility requirements, addition of permit conditions as
warranted on a site-specific basis to protect human health and the
environment.
Because these definitions pertain to existing RCRA requirements,
the effective date for the definitions would be six months after the
date of publication in the Federal Register.

C. Clarification of RCRA Definition of Industrial Furnace

Today's proposed rule applies to combustion units that are already
subject to regulation under RCRA. These devices are presently
classified as hazardous waste incinerators or hazardous waste-burning
industrial furnaces, depending on their mode of operation. As discussed
below, the distinctions between these classifications (i.e.,
incinerator and industrial furnace) are important in determining the
level for Clean Air Act technology-based standards and also in applying
a variety of RCRA regulatory provisions.
From the RCRA perspective, the distinction between incinerators and
industrial furnaces (and boilers, for that matter) is important, among
other things, for determining facility eligibility for interim status,
the regulatory regime for classification of combustion residue (i.e.,
for example, product or non-product), and eligibility for Bevill status
for combustion residue. EPA defines industrial furnaces as those
designated devices that are an integral part of a manufacturing process
and that use thermal treatment to recover materials or energy. 40 CFR
260.10.

[[Page 17459]]

Other criteria in the rule indicate what it means to be an ''integral
part of a manufacturing process.'' The RCRA rules thus set out
''aspects of industrial furnaces that distinguish them from hazardous
waste incinerators'', 48 FR 14472, 14483 (April 4, 1983); 50 FR 614,
626-27 (January 4, 1985). These include whether the device is designed
and used ''primarily to accomplish recovery of material products'', the
''use of the device to burn or reduce raw materials to make a material
product'', ''the use of the device to burn or reduce secondary
materials as effective substitutes for raw materials, in processes
using raw materials as principal feedstocks'', ''the use of the device
to burn or reduce secondary materials as ingredients in an industrial
process to make a material product'', and ''the use of the device in
common industrial practice to produce a material product. 40 CFR
260.10.
EPA interprets the regulatory definition of industrial furnace as
applying only to devices that are enumerated in the rule and that also
satisfy the narrative portion of the definition, that is, functions as
an integral part of a manufacturing process, taking into account the
narrative criteria in the rule. Thus, for example, if a device which is
otherwise a cement kiln is not used as an integral component of a
manufacturing process, it is not an industrial furnace. See 56 FR at
7140, 7141 (February 21, 1991) (Device-by-device application of
industrial furnace regulatory definition); 48 FR at 14485 (April 4,
1983) (same). A cement kiln used primarily to burn contaminated soil
from Times Beach so as to destroy dioxins thus is not an industrial
furnace because it would not be an integral component of a
manufacturing process but essentially a waste treatment unit. Among
other things, it would not be used ''primarily for recovery of material
products.'' 40 CFR 260.10(13)(I); See also Background Document for the
Regulatory Definition of Boiler, Incinerator, and Industrial Furnace
(October 1984), at page 6. Conversely, a cement kiln making cement from
raw materials but burning some hazardous waste for destruction as an
adjunct to its normal activities could be classified as an industrial
furnace.
Industrial furnaces burning hazardous wastes for any purpose--
energy recovery, material recovery, or destruction--are currently
subject to the rules for BIFs in Part 266 subpart H. 56 FR at 7138; 40
CFR 266.100. In this regard, the BIF rule changed the previous
regulatory regime whereby if a combustion device burned hazardous waste
for destruction, it was regulated as an incinerator no matter what the
proportion of burning for destruction to other activities. 40 CFR
264.340(a) and 265.340(a) as promulgated at 50 FR at 665-66 (January 4,
1985); 48 FR at 14484 and n. 15 (April 4, 1983). However, a device must
still satisfy the regulatory definition of industrial furnace, and thus
must in the first instance be an integral component of a manufacturing
process. This means, among other things, that enclosed combustion
devices that burn hazardous wastes for destruction may not be
industrial furnaces. See 1984 Background Document for Definition of
Boiler, Incinerator, and Industrial Furnace (cited above), page 6. This
is because hazardous waste destruction devices may not be designing and
using the device primarily to accomplish recovery of material products,
may not be using the device to combust secondary materials as effective
substitutes for raw materials, etc.\184\
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\184\ The Administrator specifically rejects the contrary
suggestion of the Agency's Environmental Appeals Board that ''the
purpose for which hazardous waste is burned at the facility has
little or no bearing on whether the facility meets the industrial
furnace definition.'' In re Marine Shale Processors, Inc., RCRA
Appeal No. 94-12 (March 17, 1995) p. 25 n. 32.
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PART SIX: MISCELLANEOUS PROVISIONS AND ISSUES

I. Comparable Fuel Exclusion

EPA is proposing to exclude from the definition of solid and
hazardous waste materials that meet specification levels for
concentrations of toxic constituents and physical properties that
affect burning. Generators that comply with sampling and analysis,
notification and certification, and recordkeeping requirements would be
eligible for the exclusion.\185\ See proposed Sec. 261.4(a)(13).
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\185\ We note that DOW Chemical Company (Dow) in a petition to
the Administrator, dated August 10, 1995, specifically requested
that the Agency develop a generic exclusion for ''materials that are
burned for energy recovery in on-site boilers which do not exceed
the levels of fossil fuel constituents. . . . '' (Petition, at p.
3). This proposal also responds to that petition.
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Hazardous waste is burned for energy recovery in boilers and
industrial furnaces in lieu of fossil fuels. There are benefits to this
energy recovery in the form of diminished use of petroleum-based fossil
fuels. Industry sources contend that in some cases, hazardous waste
fuels can be ''as clean or cleaner'' (meaning they present less risk)
than the fossil fuels they displace. This claim has not been documented
with full emissions and risk analysis. Industry further contends that
currently regulating these materials under normal hazardous waste
regulations acts as a disincentive to using them as fuels.
EPA's goal is to develop a comparable fuel specification which is
of use to the regulated community but assures that an excluded waste is
similar in composition to commercially available fuel and poses no
greater risk than burning fossil fuel. Accordingly, EPA is using a
''benchmark approach'' to identify a specification that would ensure
that constituent concentrations and physical properties of excluded
waste are comparable to those of fossil fuels. We note that this is
consistent with the main approach discussed in the Dow Chemical Company
petition of August 10, 1995, which also points out a number of benefits
that would result from promulgating this type of exemption: (1) support
for the Agency's goal of promoting beneficial energy recovery and
resource conservation; (2) reduction of unnecessary regulatory burden
and allowing all parties to focus resources on higher permitting and
regulatory priorities; and (3) demonstration of a common-sense approach
to regulation.\186\
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\186\ We also note there are other details in the DOW petition
that are congruent with aspects of today's proposal. The Agency
specifically invites comment on the DOW petition as part of this
rulemaking.
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The rationale for the Agency's approach is that if a secondary
material-based fuel is comparable to a fossil fuel in terms of
hazardous and other key constituents and has a heating value indicative
of a fuel, EPA has ample authority to classify such material as a fuel
product, not a waste. Indeed, existing rules already embody this
approach to some degree. Under Sec. 261.33, commercial chemical
products such as benzene, toluene, and xylene are not considered to be
wastes when burned as fuels because normal fossil fuels can contain
significant fractions of these chemicals and these chemicals have a
fuel value. Given that a comparable fuel would have legitimate energy
value and the same hazardous constituents in comparable concentrations
to those in fossil fuel, classifying such material a non-waste would
promote RCRA's resource recover goals without creating any risk greater
than those posed by the commonly used commercial fuels. Under these
circumstances, EPA can permissibly classify a comparable fuel as a non-
waste. See also 46 FR at 44971 (August 8, 1981) exempting from Subtitle
C regulation spent pickle liquor used as a wastewater treatment agent
in part because of its similarity in composition to the commercial
acids that would be used in its place.

[[Page 17460]]

As discussed below, EPA seeks comment on a number of options
including what fossil fuel or fuels should be used as a benchmark, and
how to select appropriate specification limits given the range of
values both within and across fuel types. EPA also requests additional
data on hazardous constituents naturally occurring in commercially
available fuels. (The Agency's current data on fossil fuel composition
are provided in the docket to this rulemaking.)
Also, the exclusion would operate from the point of fuel generation
to the point of burning. Thus, the fuel's generator would be eligible
for the exclusion and could either burn the excluded comparable fuel on
site or ship it off-site directly to a burner. Thus, the Agency must
ensure that storage and transportation of excluded comparable fuel
poses no greater hazard than fossil fuel. The Agency invites comment on
whether the applicable Department of Transportation (DOT) and Office of
Occupational Safety and Health (OSHA) requirements are adequate to
address this concern so that separate, potentially duplicative RCRA
regulation would not be needed.
Note also that, because EPA is proposing to eliminate or amend
other combustion-related exemptions in this rulemaking (i.e., the
exemption for incinerators for wastes that are hazardous solely because
they are ignitable, corrosive, or reactive and contain no or
insignificant levels of Appendix VIII, Part 261, toxic constituents;
and the low-risk waste exemption under BIF), the inclusion of a
comparable fuels exemption may offset the effects of these changes at a
number of affected facilities.
EPA also invites comment on whether acutely hazardous wastes should
be ineligible for the exemption. See the section called ''CMA Clean
Fuel Proposal'', below, for what is considered an acutely hazardous
waste.

A. EPA's Approach to Establishing Benchmark Constituent Levels

1. The Benchmark Approach
EPA considered using risk to human health and the environment as
the way to determine the scope and levels of a ''clean fuels''
specification. However, the Agency encountered several technical and
implementation problems using a purely risk-based approach.
Specifically, we have insufficient data relating to the types of waste
burned and the risks they pose. To pursue a risk-based ''clean fuels''
approach, EPA needs to examine emissions from a number of example
facilities at which ''clean fuel'' would be burned. The Agency could
then analyze risks while the facility is burning the ''clean fuel''.
EPA also does not have sufficient data to determine the relationship
between the amount of ''clean fuel'' burned and emissions, especially
dioxins and other non-dioxin PICs. EPA also does not know how emissions
relate to real individual facilities as compared to example facilities
used to derive the ''clean fuel'' specification. (Emissions and/or
risks at a given facility could be higher than those of the example
facilities given site-specific considerations.) Without this, it is not
clear how the Agency can use risk to establish a ''clean fuel''
specification. The Agency requests data and invites comment on deriving
a risk based specification.
The Agency is instead proposing to develop a comparable fuel
specification, based on the level of hazardous and other constituents
normally found in fossil fuels. EPA calls this the ''benchmark
approach''. For this approach, EPA would set a comparable fuel
specification such that concentrations of hazardous constituents in the
comparable fuel could be no greater than the concentration of hazardous
constituents naturally occurring in commercial fossil fuels. Thus, EPA
would expect that the comparable fuel would pose no greater risk when
burned than a fossil fuel and would at the same time be physically
comparable to a fossil fuel.
2. The Comparable Fuel Specification
EPA is proposing to use this benchmark approach to develop a series
of technical specifications addressing:
(1) physical specifications:

--Kinematic viscosity (cST at 100 deg. F),
--Flash point ( deg.F or deg.C), and
--Heating value (BTU/lb);

(2) general constituent specifications for:

--Nitrogen, total (ppmw), and
--Total Halogens (ppmw, expressed as Cl^l-), including chlorine,
bromine, and iodine; \187\ and

\187\ See discussion below concerning another halogen, fluorine.
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(3) individual hazardous constituent specifications, for:

--Individual Metals (ppmw), including antimony, arsenic, barium,
beryllium, cadmium, chromium, cobalt, lead, manganese, mercury, nickel,
selenium, silver, and thallium, and
--Individual Appendix VIII, Part 261, Toxic Organics and Fluorine
(ppmw).

(Note that ppmw is an alternate way of expressing the units mg/kg.) The
constituent specifications and heating value would apply to both gases
and liquids. The flash point and kinematic viscosity would not apply to
gases. EPA invites comment on whether this list of specifications
should be expanded to include other parameters, specifically ash and
solids content, to ensure that excluded comparable fuels have the same
handling and combustion properties as fossil fuels.
There are existing specifications for fossil fuels that are
developed and routinely updated by the American Society for Testing and
Materials (ASTM). (See ASTM Designation D 396 for fuel oils and D 4814
for gasoline.) These requirements specify limits for physical
properties of fossil fuels, such as flash point, water and sediment,
distillation temperatures,\188\ viscosity, ash, sulfur, corrosion,
density, and pour point. The ASTM requirements do not limit specific
constituents in fuel. As a result, fossil fuels are quite diverse in
their hydrocarbon constituent make-up. Specific levels of hydrocarbon
constituents are a function of the crude oil, the processes used to
generate the fuels, and the blending that occurs. This makes ASTM
requirements for fuels of no use for deriving individual hazardous
constituent specifications, but useful for deriving physical
specifications. EPA invites comment on whether ASTM's physical
specifications for flash point and viscosity should be used instead of
the results of EPA's analysis.^{189 190}
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\188\ The temperature at which a certain volumetric fraction of
the fuel has distilled.
\189\ The issue is that all analytical results should meet
ASTM's specifications. Thus, basing a specification limit on
analysis of samples will result in limits more restrictive than the
ASTM specification defining an acceptable fuel.
\190\ ASTM does not specify a heating value requirement.
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a. Standards for CAA Metal HAPs. EPA is proposing limits for two
metals that are not found on Part 261, Appendix VIII: cobalt and
manganese. EPA included these metals in the analysis because they are
listed in the Clean Air Act (CAA) as hazardous air pollutants (HAPs).
See CAA, section 112(b). These metals are included because burning does
not destroy metals, and will cause the release of metals into the air.
Therefore, if a comparable fuel contained more of a metal than a fossil
fuel, the result would be more air emissions of that metal than would
be the case if the facility burned only fossil fuels. From a CAA
perspective, it would not be acceptable to increase emissions of CAA
HAP metals, relative to what would be emitted if fossil fuels were
burned.

[[Page 17461]]

Therefore, constituent levels (or detection limits) for the two CAA
HAPs are proposed as well.
b. Heating Value. With respect to heating value, the Agency is
concerned with the issues of overall environmental loading and
acceptability of the waste as a fuel. Comparable fuels may have a lower
heating value than the fossil fuels they would displace. In these
situations, more comparable fuels would be burned to achieve the same
net heating loads, with the result that more of the hazardous
constituents in the comparable fuel would be emitted (e.g., halogenated
organic compounds and metals) than if fossil fuel were to be burned.
This would lead to greater environmental loading of potentially toxic
substances, which is not in keeping with the intent of the comparable
fuels exclusion.
To address environmental loading, the Agency could establish a
minimum heating value specification comparable to the BTU content of
the benchmark fossil fuel(s). Fossil fuels have a higher heating value
than most hazardous waste fuels, however; so this approach might
exclude many otherwise suitable fuels. Therefore the Agency chose to
establish the specification(s) for comparable fuels at a heating value
of 10,000 BTU/lb.\191\ EPA chose 10,000 BTU/lb because it is typical of
current hazardous waste burned for energy recovery.\192\ However,
hazardous waste fuels have a wide range of heating values. Therefore,
EPA is proposing that, when determining whether a waste meets the
comparable fuel constituent specifications, a generator must first
correct the constituent levels in the candidate waste to a 10,000 BTU/
lb heating value basis prior to comparing them to the comparable fuel
specification tables. In this way, a facility that burns a comparable
fuel would not be feeding more total mass of hazardous constituents
than if it burned fossil fuels.\193\
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\191\ Constituent levels presented in today's proposed rule have
been corrected from the fuel's heating value (approximately 20,000
BTU/lb) to 10,000 BTU/lb.
\192\ Consult USEPA, ''Draft Technical Support Document for HWC
MACT Standards, Volume II: HWC Emissions Database'', February 1996.
\193\ Note that the heating value correction would apply only to
allowable constituent levels in fuels, not to detection limits.
Detection limits would not be corrected for heating value.
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Also, EPA wants to ensure that currently defined wastes which meet
the comparable fuels exclusion have a legitimate use as a fuel.
Historically, the Agency has relied on a heating value of 11,500 J/g
(5,000 BTU/lbm) as a minimum heating value specification for
determining if a waste is being burned for energy recovery. (See
Sec. 266.103(c)(2)(ii).) EPA proposes this limit today as a minimum
heating value for a comparable fuel to ensure that comparable fuels are
legitimate fuels.
c. Applicability of the specifications. A separate issue is the
applicability of these specifications. EPA is proposing that these
specifications apply to all gases and liquids currently defined as
hazardous wastes. (However as noted elsewhere, used oil, and used crude
oil that is also a hazardous waste, would remain subject to regulation
as used oil under 40 CFR Part 279, even if it meets the comparable fuel
specifications.) The specifications for viscosity and flash point would
only pertain to liquid fuels. This is because gases are inherently less
viscous than liquids and flash point does not apply to gases.
Therefore, EPA proposes that the specifications for viscosity and flash
point not apply to gaseous comparable fuels.
d. Organic Constituent Specifications. With respect to Appendix
VIII organic toxic constituents and other toxic synthetic chemicals,
such as pesticides and pharmaceuticals, the Agency needs to ensure that
only waste fuels comparable to fossil fuels are excluded. Therefore,
the Agency proposes to limit the Appendix VIII constituents in
comparable fuels to those found in the benchmark fossil fuel. These
limits were calculated using a statistical analysis of individual
samples EPA obtained.
If the benchmark fossil fuel has no detectable level of a
particular Appendix VIII constituent, then the comparable fuel
specification would be ''non-detect'' with an associated, specified
maximum allowable detection limit for each compound. (Note exception in
the following section.) The detection limit is a statistically derived
level based on the quantification limit determined for each sample.
There are also compounds found on Appendix VIII which were not
analyzed for, either because an analytical method is not available or
could not be identified in time for this analysis. These compounds are
not listed in today's specifications. If EPA is able to identify
methods for analyzing these compounds and is able to analyze for these
compounds prior to promulgation, an appropriate specification level or
detection limit will be promulgated for Appendix VIII compounds missing
from today's specification. If EPA is not able to analyze for compounds
on Appendix VIII, we propose that the standard for these remaining
Appendix VIII constituents be ''nondetect'' without a maximum detection
limit proposed.
e. Specification Levels for Undetected Pure Hydrocarbons. A
corollary issue is that, since fossil fuels are comprised almost
entirely of pure hydrocarbons ¹⁹⁴ in varying concentrations, it is
possible that many pure hydrocarbons on Appendix VIII, Part 261, could
be present in fossil fuel but below detection limits. Therefore, EPA
proposes allowing pure hydrocarbons on Appendix VIII to be present up
to the detection limits in EPA's analysis. Compounds on Appendix VIII
which contain atoms other than hydrogen and carbon would be limited to
''non-detect'' levels as described in the previous paragraph.
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\194\ Excluding sulfur, carbon and hydrogen comprise 99.6 to 100
percent of liquid fossil fuels.
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f. Specification Levels for Other Fuel-like Compounds. In addition
there are classes of fuel-like compounds that are not found in fossil
fuels. These include oxygenates, an organic compound comprised solely
of hydrogen, carbon, and oxygen above a minimum oxygen-to-carbon ratio.
Examples of oxygenates which are used as fuels or fuel additives
include alcohols such as methanol and ethanol, and ethers such as
Methyl tert-butyl ether (MTBE).¹⁹⁵ However, Appendix VIII
oxygenates are not routinely found in fossil fuels and were not
detected in EPA's sampling and analysis program.¹⁹⁶ Since
oxygenates can serve as fuels and are believed to burn well (i.e., may
not produce significant PICs), EPA invites comment on: (1) whether
these compounds should also be allowed up to the detection limits in
EPA's analysis; and (2) an appropriate minimum oxygen-to-carbon ratio
to identify an oxygenate.
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\195\ A compound such as 2,3,7,8-TCDD is not an oxygenate since
it contains atoms other than hydrogen, carbon, and oxygen. Compounds
such as Dibenzo-p-dioxin and Dibenzofuran are not oxygenates even
though they are comprised solely of hydrogen, carbon, and oxygen
because the oxygen-to-carbon ratio is too low.
\196\ See the appendix for this notice for the results of EPA's
analysis.
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g. Total Halogen Specification and Fluorine. Another issue is that
the methods for determining total halogens do not measure fluorine, the
lightest of the halogen compounds. Fluorine is, however, listed as an
Appendix VIII constituent and methods are available for measuring
fluorine directly. Therefore, EPA proposes that the total halogen limit
pertain only to halogens other than fluorine, i.e., chlorine, bromine,
and iodine. EPA also proposes that a fluorine limit be established
separately from the total halogen limit. Specification values for
fluorine are included in the specifications described below.
h. Specification Levels for Halogenated Compounds. EPA invites
comment on whether it is necessary to

[[Page 17462]]

specify limits for halogenated compounds found on Appendix VIII.
Nondetect levels of halogens were found in EPA's fossil fuel analysis
and the nondetect levels for total halogens were much less than those
of the individual halogenated compounds. Therefore, a waste that meets
the total halogen limit should, by default, meet the non-detect levels
specified for halogenated compounds. EPA prefers this approach since it
will simplify the comparable fuels specification and mean fewer and
less costly sampling and analysis of comparable fuel streams for
generators. We invite comment on this approach.
EPA also invites comment on whether this approach could be expanded
to other Appendix VIII constituents as well (e.g., whether the total
nitrogen specification level would ensure compliance with specification
levels for individual compounds containing nitrogen).
3. Selection of the Benchmark Fuel
Another issue is selecting the appropriate fossil fuel(s) for the
benchmark, and therefore the basis of the comparable fuel
specification. Commercially available fossil fuels are diverse. They
range from gases, such as natural gas and propane, to liquids, such as
gasoline and fuel oils, to solids, such as coal, coke, and peat.
EPA does not believe, from an environmental standpoint, that the
comparable fuel specification, which would exclude a hazardous waste
fuel from RCRA subtitle C regulation, should be based on fossil fuels
that have high levels of toxic constituents that may (or will) not be
destroyed or detoxified by burning (e.g., metals and halogens). One
would expect that solid fuels, such as coal, would have relatively high
metal and possibly halogen levels. Metals and halogens are not
destroyed in the combustion process and as a result can lead to
increases in HAP emissions, unlike organic Appendix VIII constituents
which (ideally) are destroyed or detoxified through combustion.
Therefore, EPA is not inclined to include a solid fuel as a benchmark
fuel. Also, we believe that basing the comparable fuel specification on
a gas fuel would be overly conservative and have no utility to the
regulated industry. Liquid fuels, on the other hand, are widely used by
industry and do not have disadvantages of solid or gaseous fuels.
Liquid fuels seem a good compromise among the fuel types. The Agency is
therefore proposing to base the comparable fuel specification on
benchmark liquid fuels.
However, even liquid fossil fuels are diverse and add to the
complexity of selecting a benchmark fuel. For instance, gasoline has
relatively higher levels of toxic organics, such as benzene and toluene
but lower concentrations of metals. Conversely, we have also found and
would continue to expect that typical fuel oils have lower
concentrations of toxic organics and higher concentrations of metals
than gasoline. We also have found that heavier fuel oils (e.g., No. 6)
contain more metals than lighter fuel oils (e.g., No. 2).¹⁹⁷
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\197\ See the appendix to this notice for the results of EPA's
analysis.
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In addition, EPA could choose a vegetable oil-based fuel, such as
''tall oil'', rather than a fossil fuel. EPA has no data on
concentrations of hazardous constituents in these fuels, however. Also,
these fuels are not as widely used as commercial fuels. In keeping with
the benchmark approach, EPA believes it is appropriate to base the
comparable fuel specification on an appropriate and widely used type of
commercial fuel, i.e., fossil fuels.
We specifically request constituent data for gasoline, automotive
diesel, and No. 1 (kerosene/Jet fuel), No. 2 (different from automotive
diesel), No. 4, and No. 6 fuel oils. These data should be complete and
include analyses for all Appendix VIII constituents including nondetect
values. When supplying data during the comment period, commenters
should follow the same analytical and quality procedures EPA used. It
would assist the Agency greatly if the data were supplied in electronic
(1.44-MB PC or Macintosh floppy disk) as well as hard-copy form.
Electronic versions should be in a spreadsheet form (for instance,
Lotus 1,2,3, or Microsoft Excel) or an ASCII file with a description of
how the records are classified/organized into which fields. Consult the
Technical Background Document for a complete list of constituents and
additional information concerning EPA's sampling and analysis and
quality assurance protocols used.

B. Sampling, Analysis, and Statistical Protocols Used

This section describes the sampling, analysis, and statistical
protocols used to derive the comparable fuels specifications described
below. For more detailed discussion, refer to the Technical Background
Document.
1. Sampling
EPA obtained a total of 27 fossil fuel samples. They were comprised
of eight gasoline and eleven No. 2, one No. 4, and seven No. 6 fuel oil
samples. The samples were collected at random from sources across the
country: Irvine, CA; north west New Jersey; north east Connecticut;
Coffeyville, KS; Fredonia, KS; Norco, LA; Hopewell, VA; and Research
Triangle Park, NC.
Only one No. 4 fuel oil sample was obtained. Very little ''No. 4''
fuel oil ¹⁹⁸ is sold in the United States. Rather, what is used as
No. 4 is essentially a blend of No. 2 and 6 fuel oils. These blends
vary, are contract specific, and are not No. 4 fuel oil, per se. EPA
specifically requests data on (genuine) No. 4 fuel oil constituent
levels.
---------------------------------------------------------------------------

\198\ No. 4 fuel oil is defined as fuel that meets the physical
specifications established by the American Society of Testing and
Materials.
---------------------------------------------------------------------------

2. Analysis of the Fuel Samples
Analytical methods have not been defined for all compounds on Part
261, Appendix VIII. Where analytical methods have not been defined,
analysis of those constituent levels in fossil fuels are not possible.
However, EPA is working on identifying methods for compounds on
Appendix VIII which were not analyzed for during this initial analysis.
If EPA is able to identify analysis methods for these compounds,
constituent specifications for these compounds will be included in the
final rule using the same methodology for constituent specifications
described in today's notice.
After the samples were obtained, they were analyzed at a laboratory
accustomed to analyzing fossil fuels. SW-846 methods were used whenever
possible. Where SW-846 methods were not available, established ASTM
procedures or other EPA methods for fuel analyses were used. Table
VI.1.1 summarizes the analytical methods used.

Table VI.1.1: Analytical Methods Used for Comparable Fuels Analysis
------------------------------------------------------------------------
Property of interest Method
------------------------------------------------------------------------
Heating Value............................. EPA 325.3/PARR.
Kinematic Viscosity....................... ASTM D240.
Flash Point............................... SW-846 1010.
Total Nitrogen............................ ASTM D4629.
Total Halogens............................ EPA 325.3/PARR.
Antimony.................................. SW-846 7040.
Arsenic................................... SW-846 7060.
Barium.................................... SW-846 7080.
Beryllium................................. SW-846 7090.
Cadmium................................... SW-846 7130.
Chromium.................................. SW-846 7190.
Cobalt.................................... SW-846 7200.
Lead...................................... SW-846 7420.
Manganese................................. SW-846 7460.
Mercury................................... SW-846 7470.
Nickel.................................... SW-846 7520.
Selenium.................................. SW-846 7740.
Silver.................................... SW-846 7760.

[[Page 17463]]

Thallium.................................. SW-846 7840.
Appendix IX Volatile Organics............. SW-846 8240.
Appendix IX Semivolatile Organics......... SW-846 8270.
------------------------------------------------------------------------

In addition, the analysis was conducted in such a way as to ensure
the lowest detection limits, also called ''quantification limits,''
possible. Detection limits were determined by calculating the ''method
detection limit'' (MDL) for each analysis. To do this, EPA used a
modified version of the procedures defined by EPA in 40 CFR 136,
Appendix B, Definition and Procedure for Determination of Method
Detection Limits, Revision 1.1. The modification involved spiking for
each of the samples being analyzed instead of spiking once for all the
samples, as stated by the method.
One issue concerning the analysis is that, even when attempts are
made to minimize detection limits, detection limits can still be
extremely high. This is particularly so for volatile organic compounds
in the gasoline samples. There is no feasible analytical way to address
this issue, so it is addressed when deriving the comparable fuel
specification.
3. Statistical Procedures Used
Due to the small sample sizes of each fuel type, EPA used a
nonparametric ''order statistics'' approach to analyze the fuel data.
If enough data are received to determine the distribution of the
enlarged data set, statistical procedures appropriate to the
distribution, i.e., different than those described here, may be used
for the promulgated specification.
''Order statistics'' involves ranking the data for each constituent
from lowest to highest concentration, assigning each data point a
percentile value from lowest to highest percentile, respectively.
Result percentiles were then calculated from the data percentiles.
Consult the Technical Background document for more information
regarding the statistical approach.
EPA is considering using either the 90th or 50th percentile values
to determine the comparable fuel specification. If the exclusion were
to be based on specifications from one or more individual benchmark
fuels (e.g., separate gasoline or fuel oil based specifications), EPA
believes it is more appropriate to establish the specification(s) based
on the 90th percentile rather than the 50th percentile values. The 90th
percentile represents an estimate of an upper limit of what is in a
particular fuel while the 50th percentile values would exclude up to 50
percent of the fossil fuel samples. For composite specifications
(discussed in detail below), EPA is considering using either the 50th
or 90th percentile, but the considerations differ. A 50th percentile
analysis was conducted because it represents what, ''on average'', is
found in all potential benchmark fuels that were studied. A 90th
percentile was also conducted because it represents the upper bound of
what is found in all fuels. EPA invites comment on which percentile(s)
is appropriate for both the individual specifications as well as the
composite specification.

C. Options for the Benchmark Approach

As just described, EPA has several options for deciding what fossil
fuel(s) to use as the benchmark. The following options range from
developing a suite of comparable fuel specifications based on
individual benchmark fuels (i.e., gasoline, No. 2, No. 6) to basing the
specification on composite values derived from the analysis of all
benchmark fuels.
The Agency invites comment on which of the following options should
be selected. Again, EPA desires to provide constructive relief to the
regulated community by having a comparable fuel specification that can
be used in practice. On the other hand, EPA needs to ensure that the
release of toxic compounds is not increased significantly by burning
comparable fuels in lieu of fossil fuels. For this reason, we are
offering several options for comment. Commenters should also address in
their comments the justification needed to support their preferred
option.
The options discussed below are not the only possible options. If
commenters have other options they wish the Agency to consider, they
should recommend them and explain how they meet the objectives of a
benchmark approach to comparability.
1. Individual Benchmark Fuel Specifications
Under this option, EPA invites comment on establishing individual
specifications based on the benchmark fuels for which EPA has obtained
data: gasoline, and No. 2 and No. 6 fuel oils.\199\ \200\ Each would
have a unique set of constituent and physical specifications, based on
the individual benchmark fossil fuel. A generator would use one of
these specifications (after correcting for heating value) to determine
if a waste qualifies for the exclusion. As mentioned in subsection
A.2.B., above, heating value of a comparable fuel would have to exceed
11,500 J/g (5,000 BTU/lbm).
---------------------------------------------------------------------------

\199\ This list could be expanded, depending on the amount and
quality of data received during the comment period.
\200\ EPA is reluctant to propose a No. 4 oil specification at
this time. As noted, EPA has been able to obtain only one sample of
No. 4 oil. EPA desires more data on genuine samples of this fuel
before establishing a comparable fuel specification based on No. 4
fuel oil. As is the case with other types of fuel, if a sufficient
number of samples are obtained, a No. 4 fuel oil comparable fuel
specification may be promulgated.
---------------------------------------------------------------------------

EPA envisions that individual fuel specification(s) could be
implemented in one of two ways under this approach. First, a facility
could use any of the individual benchmark specifications, without
regard to what fuel it currently burns. This approach would provide
flexibility for the facility in choosing which specification to use.
Although this approach could allow higher emissions of certain toxic
compounds at the particular site than would be the case if they burned
their normal fuel(s), overall (total) emissions of hazardous
constituents may be lower since a comparable fuel is unlikely to have
high levels of all constituents. In addition, the amounts of excluded
waste may well be small relative to the quantity of fossil fuels burned
annually.

The second approach is to link the comparable fuel specification to
the type of fuel burned at the facility and being displaced by the
comparable fuel. In this case, if a facility burns only No. 2 fuel oil,
it could only use the No. 2 fuel oil comparable fuel specification to
establish whether its current waste stream is a comparable fuel.
Implementation issues include the following: what specification would
apply if a facility uses a gas or solid fuel, and what is the degree of
inflexibility introduced?
EPA prefers the first implementation approach, but invites comment
on whether a single fuel should be used to base a comparable fuel
specification and if so, which implementation should be adopted.
2. A Composite Fuel as the Benchmark
One issue associated with the single fuel specification approach is
that

[[Page 17464]]

gasoline has relatively high levels of volatile organic compounds while
No. 6 fuel oil has higher levels of semivolatile organic compounds and
metals. If a potential comparable fuel were to have a volatile organic
constituent concentration below the gasoline specification but higher
than the others, and a particular metal concentration lower than the
No. 6 fuel oil specification but higher than gasoline, it would not be
a comparable fuel since it meets no single specification entirely.
Therefore, EPA is concerned that establishing specifications under this
option would limit the utility of the exclusion.
To address this issue, one option is to use a composite approach to
setting the comparable fuel specification. In this option, EPA would
use a variety of liquid fuels from which certain compounds would be
selected to derive the complete specification.
EPA determined composite fuel specifications for this proposal by
compositing the data from all fuels analyzed (gasoline and the three
fuel oils individually). Compositing all the fuels has the advantage
that it may better reflect the range of fuel choices and potential for
fuel-switching available nationally to burners. A facility would be
allowed to use the composite fuel specification regardless of which
fuel(s) it burns.
One technical issue is that EPA has different number of samples for
each fuel type. Therefore, the fuel with the largest number of samples
would dominate the composite database. To address this issue, EPA's
statistical analysis ''normalizes'' the number of samples, i.e., treat
each fuel type in the composite equally without regard to the number of
samples taken.
The Agency has evaluated establishing a composite specification
using: (1) the 90th percentile aggregate values for the benchmark
fuels; and (2) the 50th percentile aggregate values for the benchmark
fuels. Under either approach, high gasoline volatile organic nondetects
would be omitted from the analysis.
The 90th percentile approach has the virtue of being representative
of a range of fuels that are burned nationally in combustion devices.
It also provides maximum flexibility for the regulated community.
However, the 90th percentile composite approach does allow for higher
amounts of toxic constituents than other approaches EPA is considering.
As a practical matter, though, no excluded fuel is likely to contain
constituent levels at or near all of the 90th percentile composite
specification level. EPA invites comment on this issue.
The 50th percentile approach ensures the comparable fuel
specification is representative of a range of benchmark fuels commonly
burned at combustion devices, perhaps even more so than the 90th
percentile approach since it better represents an ''average'' level for
fuels in general. It also provides flexibility for the regulated
community, though the specification levels (and potentially the
usefulness) would be lower than those resulting from the 90th
percentile approach. If facilities indeed are likely to have at least
several constituents near the 90th percentile composite levels, a 50th
percentile composite would be more restrictive and less useful than the
90th percentile composite approach.
EPA seeks comments on whether a composite of fuels should be used
to base a comparable fuel specification and, if so, whether a 90th or
50th percentile approach would be more appropriate. Further, the Agency
seeks comment on whether the exclusion should be based on a suite of
specifications comprised of the individual benchmark fuel-based
specifications plus a composite specification. Under this approach the
generator could select any specification in the suite as the basis for
the exclusion.
3. Waste Minimization Approaches
By proposing this comparable fuels exemption the Agency does not
wish to discourage pollution prevention/waste minimization
opportunities to reduce or eliminate the generation of wastes in favor
of burning wastes as comparable fuels. EPA solicits comments on the
effect of today's comparable fuels proposal on facilities' efforts to
promote source reduction and environmentally sound recycling (which
does not include burning for energy recovery as a form of recycling in
the RCRA waste management hierarchy.)

D. Comparable Fuel Specification

In this section, EPA will outline the five specifications discussed
above: gasoline, No. 2 fuel oil, No. 6 fuel oil, composite 50th
percentile values, and composite 90th percentile values. For reasons
stated above, the individual fuel specifications were based on the 90th
percentile values. EPA is not proposing any particular approach at this
time, but invites comments on which approach(es) should be promulgated
in a final rule. EPA is also presenting the results of the No. 4 fuel
oil sample for comparison.
1. Hazardous Constituent Specifications
a. Gasoline Specification. The gasoline-based specification is
presented in Table 1 of the appendix to this preamble. As stated above,
gasoline contains more volatile organic compounds (such as benzene and
toluene) than the other fuels. This results in detection limits for
volatile organic compounds an order of magnitude higher than the other
fuel specifications. EPA believes analysis of comparable fuels will
more likely result in detection limits much lower than gasoline and
similar to those associated with analysis of fuel oils. To address this
issue, EPA has performed an analysis of a fuel oil-only composite (one
which does not include gasoline in the composite) at the 90th
percentile to use as a surrogate for the volatile organic gasoline non-
detect values. Those values from the fuel oil-only composite are
presented as the volatile organic nondetect values in Table 1. EPA
invites comment on whether the approach of substituting fuel oil-only
volatile organic nondetect values in lieu of those values for gasoline
is appropriate.
b. Number 2 Fuel Oil Specification. The No. 2 fuel oil-based
specification is presented in Table 2 of the appendix to this preamble.
As suggested above, No. 2 fuel oil contains more volatile organic
compounds than the other fuel oils, but less than gasoline. In
addition, its metal concentrations are lower than the other fuel oils,
but more than gasoline.
c. Number 4 Fuel Oil Specification. The No. 4 fuel oil-based
specification is presented in Table 3 of the appendix. It follows a
similar trend, having fewer organic constituents than those previous
described, but more metals.
However, this specification is based on only one sample. The Agency
is concerned that one sample may not be representative of true No. 4
fuel oil. As a result, EPA believes that we will not be able to
promulgate a No. 4 fuel oil specification unless more data is received
during the comment period.
d. Number 6 Fuel Oil Specification. The No. 6 fuel oil-based
specification is presented in Table 4 of the appendix.
e. Composite Fuel Specifications. Two alternative composite fuel
specifications are presented in Tables 5 and 6 of the appendix. Table 5
presents a specification based on the aggregate 50th percentile values
for the benchmark fuels, and Table 6 presents a specification based on
the aggregate 90th percentile values of the benchmark fuels.

[[Page 17465]]

As was the case with the gasoline specification, volatile organic
detection limits for gasoline are quite large. For this reason, EPA is
relying on surrogate values for volatile organic detection limits, one
based on the detection limits from a fuel oil-only composite. For the
50th percentile composite fuel specification, the 50th percentile fuel
oil-only volatile organic nondetect values were used. The 90th
percentile composite fuel specification was handled similarly, using
the 90th percentile volatile organic nondetect values from the fuel
oil-only composite. See the discussion for the gasoline sample for
EPA's concerns regarding gasoline's high detection limits.
2. Physical Specifications (Flash Point and Kinematic Viscosity)
Alternative physical specifications for the options evaluated are
presented collectively in Tables 7 and 8 of the appendix. Table 7
presents the results of the analyses EPA conducted. Table 8 presents an
alternate approach, using the requirements for viscosity and flash
point for fuel oil specified by ASTM. Physical specifications for
viscosity and flash point for gasoline are not required by ASTM, but
their upper and lower limits, respectively, are available from other
reference sources.
When considering a composite physical specifications using the
reference values presented in Table 8, EPA believes it is appropriate
to use the second highest viscosity and second lowest flash point as
the specifications. This would have the effect of not considering the
extremes, No. 6 fuel oil viscosity (50.0 cSt at 100 deg.C) and gasoline
flash point (-42 deg.C), and using as the specification the viscosity
of No. 4 fuel oil (24.0 cSt at 40 deg.C) and the flash point of No. 2
fuel oil (38 deg.C). EPA believes this approach will result in
specifications which are representative of comparable fuels and the
fossil fuels they displace, and ensure adequate safety during
transportation and storage.
Subsection A.2.b. discusses the proposed minimum heating value of
11,500 J/g (5,000 BTU/lbm).

E. Exclusion of Synthesis Gas Fuel

EPA is also proposing to exclude from the definition of solid waste
(and, therefore regulation as hazardous waste) a particular type of
hazardous waste-derived fuel, namely a type of synthesis gas
(''syngas'') meeting particular, stringent specifications. The Agency
believes that many fuels produced from hazardous wastes are more waste-
like than fuel- or product-like, and must be regulated as such. We are
aware, however, of certain fuels and products produced from hazardous
waste that are more appropriately classified and managed as products
rather than wastes. EPA believes that syngas meeting the requirements
of the proposed exclusion is such a material. Syngas is a commercial
product which has important uses in industry as both a feedstock and
commercial fuel, and it may be used as both a feedstock and commercial
fuel at a manufacturing facility. The Agency is therefore proposing
this exclusion to clarify the distinction between syngas products
meeting these stringent specifications and hazardous wastes and other
waste-derived fuels. The Agency believes it is useful to provide a
conditional exclusion for these particular fuels, possibly before
promulgating the broader rule being proposed today. This is because,
although there may be much debate about the generic comparable fuel
specification levels discussed above, the syngas at issue here appears
to be well within the bounds of what would be excluded, whatever the
final rule levels may actually be for other comparable fuels.
The proposal applies to syngas that results from thermal reaction
of hazardous wastes which is optimized to both break organic bonds and
reformulate the organics into hydrogen gas (H2) and carbon monoxide
(CO). This process is more similar to a chemical reaction, rather than
to combustion. The process is optimized to produce an end-product,
rather than merely to destroy organic matter.
EPA is aware of one such process, proposed to be operated by Molten
Metals Technology (MMT). MMT intends to operate a catalytic extraction
process (CEP) unit that generates certain gas streams from the thermal
reaction of various hazardous wastes, including chlorinated hazardous
wastes. See letter of July 21, 1995, from Molten Metal Technology to
EPA. This letter and other information on the MMT process are in the
docket for today's proposed rule. MMT claims that the syngas generated
by the processes has legitimate fuel value (i.e., 6,000 to 7,000 Btu/
lb), has a chlorine level of 1 ppmv or less, and does not contain
hazardous compounds at higher than parts per billion levels. Thus, this
syngas possesses standard product indicia in the form of fuel value
plus being the output of a process designed to optimize these
properties, and the syngas product does not contain hazardous
constituents at levels higher than those present in fossil fuel.
To ensure that any excluded syngas meets these low levels of
hazardous compounds relative to levels in fossil fuels in order to be
excluded from the definition as a solid waste, the Agency is proposing
the following syngas specifications:

--Minimum Btu value of 5,000 Btu/lb;
--Less than 1 ppmv ²⁰² of each hazardous constituent listed in
Appendix VIII of Part 261 (that could reasonably be expected to be in
the gas), except the limit for hydrogen sulfide is 10 ppmv;
---------------------------------------------------------------------------

\202\ All specification levels would be documented at normal
temperature and pressure of the gas at the point that the exclusion
is claimed.
---------------------------------------------------------------------------

--Less than 1 ppmv of total chlorine; and
--Less than 1 ppmv of total nitrogen, other than diatomic nitrogen
(N₂).
EPA seeks comment on whether there are other hazardous waste-derived
synthesis gas fuels (i.e., other than MMT's) that meet the criteria for
this proposed exclusion.
We also note that conditions imposed for exclusion of syngas fuels
in no way precludes the use of syngas as an ingredient in
manufacturing, which is evaluated under a different set of criteria,
when the syngas is produced from hazardous waste. In other words, if
the syngas were to be used as either a product in manufacturing or
burned as a fuel, it would be excluded as a product when it met the
criteria for use as a product and was used for that purpose and
excluded as a fuel when burned.
If EPA adopts this exclusion for syngas fuel, we believe that the
implementation procedures for the generic comparable fuel exclusion
discussed subsequently in Section F would also be appropriate for
syngas. This includes requirements for the syngas producer to notify
the Regional Administrator that an excluded fuel is produced, a
certification that the syngas meets the exclusion specification levels,
and sampling and analysis requirements. EPA invites comment on these
implementation procedures for syngases and whether any of these
procedures should be modified to address any unique characteristics of
syngases.
Finally, we note that in Section F below we discuss whether the
burning of hazardous waste excluded under the generic comparable fuel
exclusion should be restricted only to stationary sources either with
air permits or that otherwise have their air emissions regulated by a
federal, state, or local entity. We specifically request comment on
whether this restriction would also be appropriate for excluded syngas.
Given that the Agency may undertake final rulemaking to provide an

[[Page 17466]]

exclusion for syngas before promulgating a generic exclusion for
comparable fuels, however, we request comment on whether more
restrictive requirements on burning excluded syngas would be
appropriate to minimize concern about burning a hazardous waste-derived
gas. For example, the exclusion could be limited to syngas which is
burned in an industrial boiler, industrial furnace (as defined in 40
CFR 260.10) or incinerator. We note that these units would not
necessarily have to be RCRA Subtitle C units.

F. Implementation of the Exclusion

The implementation scheme described here is adapted from the
current used oil management system and is tailored to the particular
characteristics of the comparable fuel universe.²⁰³ It provides
for one-time notification and certification, sampling and analysis, and
recordkeeping requirements. Other issues addressed include blending,
ensuring that the comparable fuel is burned, and treatment to meet the
specification.
---------------------------------------------------------------------------

\203\ Note that used oil has its own separate management system,
as allowed under RCRA, tailored to the unique characteristics of
used oil recycling practices. The comparable fuel exclusion proposed
today would not apply to used oil because it is adequately and
appropriately managed under its own tailored system. Used oil will
still be managed under 40 CFR Part 279. This proposal in no way
reopens the used oil specification or management structure in 40 CFR
Part 279.
---------------------------------------------------------------------------

1. Notification and Certification
EPA proposes that a generator (or syngas producer ²⁰⁴) who
claims that a (currently defined) hazardous waste meets the
specification for exclusion must submit a one-time notification and
certification to the Regional Administrator. The notification would
state that the generator manages a comparable fuel and certifies
(through a responsible company official) that the generator is in
compliance with the conditions of the exclusion regarding sampling and
analysis, recordkeeping, blending, and ultimate use of the waste as a
fuel. EPA understands that a ''generator'' may be a company with
multiple facilities. For this reason, a single company would be allowed
to submit one notification, but must specify at what facilities the
comparable fuels notification applies. All other provisions apply to
each stream at the point of generation.
---------------------------------------------------------------------------

\204\ Requirements applicable to the generator of an excluded
fuel would also apply to producers of excluded syngas.
---------------------------------------------------------------------------

2. Sampling and Analysis
EPA believes it is appropriate that the generator document by
sampling and analysis that the hazardous waste meets the specification.
Until such documentation is obtained, the waste would not be excluded.
Waste analysis rules for TSDFs would apply to comparable fuel
generators. Consequently, generators would implement a comparable fuels
analysis plan.
The sampling and analytical procedures for determining that the
waste meets the specification must be documented in a comparable fuels
analysis plan. The comparable fuel analysis plan would involve sampling
and analyzing for all Appendix VIII constituents initially and at least
every year thereafter for constituents that the generator could have
reason to believe are present in the comparable fuel. EPA specifically
invites comment on whether to allow a generator to use process
knowledge to determine what compounds to sample and analyze for during
the first analysis, as well.
The generator would use current EPA guidance for developing waste
analysis plans to derive their comparable fuel analyze plan. This will
ensure that generators sample and analysis as often as necessary, i.e.,
more frequently than every year, for constituents present in the fuel
to ensure that excluded waste meets the specification.
Analytical methods provided by SW-846 must be used, unless written
approval is obtained from the Regional Administrator to use an
equivalent method. EPA invites comment on establishing a procedure
similar to Part 63, Appendix A, Method 301 to validate alternate
analytical methods. EPA also invites comment on whether to limit the
Agency's time to approve an equivalent method. In this case, the
Regional Administrator would have a set period of time, such as 60
days, to respond to the request. If an approval is not received within
60 days, the alternative method is considered approved. If the Regional
Administrator later rejects the method, the rejection would only
pertain to analyses conducted after the rejection of the method.
3. Use as a Fuel
An integral part of the comparable fuel exclusion is that the fuel
must be burned. To ensure that the comparable fuel is burned, the
person who claims the exclusion must either:

--Burn the comparable fuel on-site; or
--Ship the waste off-site to a person who in turn burns the comparable
fuel.
This provision would not allow any party to manage the fuel other than
those who generate or burn the fuel (and other than transportation
related handling). EPA is reluctant to allow persons other than the
generator and the burner to manage the comparable fuel because it would
likely be too difficult to ensure that the excluded fuel meets the
specification and is burned. We invite comment on how to allow third
party intermediaries, such as fuel blenders, to handle an excluded
comparable fuel without precipitating serious enforcement and
implementation difficulties.
Additionally, EPA is concerned that comparable fuel shipped
directly to an off-site burner may not in fact be burned. Therefore,
EPA invites comment on whether, for off-site shipments to a burner, the
following information should be retained in the record for each
shipment:

--Name and address of the receiving facility;
--Cross-reference to a certification from the facility certifying that
the comparable fuel will be burned;
--Quantity of excluded waste shipped;
--Date of shipment; and
--A cross-reference to the analyses performed to determine that the
waste meets the specification.

A comparable fuel which is not burned remains a hazardous waste and is
subject to regulation cradle-to-grave.²⁰⁵ This documentation would
provide a paper trail to ensure that the comparable fuel is burned.
---------------------------------------------------------------------------

\205\ Note that the only disposal method for a comparable fuel
is burning. Any disposal method other than burning is a RCRA
violation, unless the comparable fuel is properly managed as a
hazardous waste.
---------------------------------------------------------------------------

EPA invites comment on whether the burning of a comparable fuel
should be restricted to only stationary sources either with air permits
or that otherwise have their air emissions regulated by a federal,
state, or local entity. EPA's primary concern is that excluded fuel may
be burned in unregulated combustion devices. EPA believes that
unregulated burners may be unaware of or unprepared to handle many
unique issues related to fuels other than fossil fuels. In addition,
EPA invites comment on whether comparable fuels should be allowed for
use in sources other than stationary sources, i.e., mobile sources (on-
and off-road automobiles, trucks, and engines) and small engines.
4. Blending To Meet the Specification
The issue of whether to allow blending to meet the comparable fuel
specification also needs to be addressed.

[[Page 17467]]

One alternative is to exclude only those comparable fuels that meet the
specification as generated and which are destined for burning. The
facilities would be required to demonstrate, for compliance purposes,
that the waste as generated meets the specification and to certify that
the waste is destined for burning.
If blending to lower the concentrations of hazardous constituents
in a waste were allowed to meet the specification, EPA believes that a
very extensive compliance and enforcement system would have to be
instituted to ensure that blending was done properly (with any
necessary storage and treatment permits) and that the resultant mixture
meets the specification continually. This alternative appears to
warrant a degree of oversight that may be infeasible from the industry
viewpoint and unworkable from the Agency's viewpoint. EPA is also
investigating whether blending removes the incentive for facilities to
engage in source reduction and recycling of waste. Finally, this
alternative raises the issue of whether blending is simply a form of
prohibited or objectionable dilution that could result in an overall
increase in environmental loading of toxic, persistent, or
bioaccumulative substances.
Complicating this issue is the fact that blending to lower
hazardous constituent concentrations in used oil is allowed. (40 CFR
279.50(a).) However, EPA believes it is appropriate to deviate from the
approach for used oil in this case. Used oil is better defined and
understood in its origins and use than currently defined hazardous
wastes. Used crankcase oil is a petroleum product analogous to a thick
fuel with enriched metal concentrations due to its use for lubricating
metal-bearing parts in situations of tight tolerance. In the case of
used oil, blending a thick fuel enriched with metals with a thinner
fuel with low concentrations of metals is appropriate since the
resulting mixture would be wholly a petroleum product with similar
levels of metals as other petroleum fuels.
Comparable fuels, however, differ substantially from used oil in
both the nature of materials to which the exclusion pertains and the
scope of the exclusion. A comparable fuel is presently defined as a
hazardous waste and is unlikely to be a petroleum distillate. The issue
of toxic organic constituents is important for comparable fuels due to
the diversity of processes and process ingredients from which potential
comparable fuels may result. This is not relevant for the used oil
rules since they deal with the post-use material stemming from a highly
consistent and well known petroleum distillate. Therefore, blending
used oil would result in a more predictable mixture, one which would be
expected to contain the same organic compounds in varying
concentrations. The same cannot be said for the large variety of
potential comparable fuels, which can vary significantly in the
constituents present.
The issue of metals in a comparable fuel is similarly different
from the case of used oil. While used oil does contain enriched levels
of metals relative to virgin oil or petroleum fuels, those levels are
greatly understood (relative to hazardous waste in general) due to
their use in only one process, the lubrication of metal-bearing parts.
Therefore, there is essentially a real-world limit to the amount and
type of metal that could be entrained in a used oil, so blending to
meet metal specifications is more appropriate. In the case of
comparable fuels if there were no prohibition on blending to meet
constituent specifications, a generator would be allowed to take a
predominantly metal waste, blend it into a fuel to levels lower than
the constituent specification levels, and (through pure dilution) meet
the exclusion. For these reasons, EPA believes the specially tailored
used oil program does not provide a satisfactory model to use for
addressing the issue of blending potential comparable fuels.
We also note that the LDR program specifically prohibits dilution
as a form of treatment. (40 CFR 268.3.) Allowing blending to meet the
specification may, in effect, allow dilution as a form of treatment
contrary to the LDR prohibition for these hazardous wastes. For these
reasons, EPA desires to stay consistent with other rules and policies
and not allow blending to meet the comparable fuels specification.
Similarly, EPA proposes that the specification for heating value be
met on an as-generated basis as well. In other words, blending would
not be allowed to meet the heating value specification. If the Agency
were to allow blending to meet the heating value specification, wastes
with no heating value could be blended with high heating value fossil
fuels and meet the comparable fuel heating value specification. EPA
does not believe this approach can be justified, allowing a waste which
as generated has little or no heating value to be a comparable fuel.
Therefore, we propose that heating value be met on an as generated
basis.
For these reasons, EPA is proposing that the comparable fuel
constituent and heating value specifications be met on an ''as
generated'' basis, and that blending to meet the constituent and
heating value specifications not be allowed. However, if the
constituent and heating value specifications have been met as
generated, EPA believes it may be appropriate for a comparable fuel to
be treated like any other fuel and allow it to be blended after the
constituent and heating value specifications have been met. This
includes blending for the purposes of meeting other physical
specifications (flash point and viscosity), pH neutralization, etc.
After blending, generators would have to retest the prospective
comparable fuel to ensure that blending did not increase the levels of
constituents to above the specification levels or decrease it to below
the heating value requirement. If the waste were blended with a clean
fossil fuel, such as No. 2 fuel oil, it would be sufficient to document
that the substance the prospective comparable fuel is being blended
with has lower constituent levels and a higher heating value than the
comparable fuel specification. If the waste is above constituent
specifications or below the heating value requirement after blending,
the waste would not be a comparable fuel.
EPA invites comment on the issue of blending only to meet the
physical specifications, flash point and kinematic viscosity.
5. Treatment To Meet the Specification
It is possible, as a technical matter, for hazardous wastes to
undergo treatment that destroys or removes hazardous constituents and
thereby produce a comparable fuel. Likewise, it is possible to treat a
waste such that the heating value of the waste is increased. For
example, distillation could remove certain organic constituents from
the waste matrix, thereby allowing the treated waste to meet the
comparable fuel specification. Similarly, decanting to decrease the
water concentration of the waste stream would increase the heating
value of the waste by concentrating those compounds which are burned.
The issue discussed here is whether such processes should be allowed
under a comparable fuel regime, and if so, under what circumstances.
The Agency is proposing to allow treatment under limited circumstances.
The Agency's concern about allowing such treatment is that it could
increase the incentive and opportunity for impermissible blending or
otherwise fraudulent treatment. Thus, at the least, EPA would seek to
set up controls to reduce the possibility of such practices

[[Page 17468]]

if treatment were allowed. This might be done by requiring treaters to
document that the comparable fuel specification is being satisfied
through treatment that destroys or removes hazardous constituents and/
or increases heating value by removing constituents from the waste, not
through blending or other dilution-type activities. Second, where the
treater has a RCRA permit for the storage/treatment activity (i.e.,
treatment of hazardous waste conducted in any unit except a 90-day
generator unit not subject to permitting requirements under
Sec. 262.34), the rule could authorize permit writers to add conditions
to the permit to assure the integrity of the permitted process. Such
conditions could take the form of extra conditions on the treatment
process, conditions on the wastes which could be treated to produce
comparable fuels, and additional sampling and analysis of both incoming
wastes and outgoing comparable fuels. The Agency solicits comment on
what limitations or conditions should be imposed on treatment
activities and whether and how to adapt such limitations or conditions
to the non-permitted context of 90-day generator units.
Finally, it should be noted that if hazardous wastes are treated to
produce comparable fuels, only the comparable fuel would be excluded
from RCRA subtitle C regulation. The hazardous wastes would be
regulated from point of generation until a comparable fuel is produced,
so that generation, transport, storage, and treatment of the waste
until production of the comparable fuel would remain subject to the
applicable subtitle C rules. Also any residuals resulting from
treatment remain hazardous wastes as a result of the derived-from rule.
6. Recordkeeping
It is proposed that documentation pertaining to verification that
the waste meets the comparable fuel specification and the information
on shipments be retained for three years. The sampling and analysis
plan and all revisions to the plan since its inception would be
retained for as long as the person claims to manage excluded waste,
plus three years. Certifications from burners (if required in the final
rule) would be retained for as long as the burner is shipped comparable
fuels, plus three years.
The generator would retain the records supporting its claim for the
exemption. For comparable fuels which are not blended, the records that
must be retained are the as generated results. For comparable fuels
which are blended to meet the flash point and/or kinematic viscosity
specifications, the records which must be retained are those after
blending.
7. Small Business Considerations: Inherently Comparable Fuel
Small businesses may, hypothetically, generate wastes (such as
mineral spirits used to clean automotive parts) that could meet a
comparable fuel specification. However, the Agency is concerned that
the proposed implementation scheme for the comparable fuel exclusion
may be overly burdensome to small businesses because of the small
volume of waste each business may generate. EPA requests data on
whether categories of high volume inherently comparable fuel from a
large number of small generators exist. If so, EPA would consider
providing an exclusion for these fuels in the final rule. For these
fuels to be excluded, the Agency would need constituent data from
various small generators indicating that these wastes would meet the
comparable fuel exclusion levels on a routine basis.
If an inherently comparable fuel exclusion were promulgated in the
final rule, the Agency would promulgate a petitioning process whereby
classes of generators could document that a specific type of waste is
virtually always likely to meet the comparable fuel specification. If
the Agency granted the petition through rulemaking, such waste would be
classified as inherently comparable fuel. As such, the generator would
not be subject to the proposed implementation requirements for the
comparable fuel exclusion: notification, sampling and analysis, and
recordkeeping. In addition, such inherently comparable fuel could be
blended, treated, and shipped off-site without restriction given that
it would be excluded from regulation as generated.
EPA invites comment on whether high volumes of comparable fuel is
generated from a large number of small generators. If so, the Agency
requires data on whether this approach provides relief to small
businesses while ensuring protection of human health and the
environment. In addition, EPA invites analytical data supporting
classification of particular wastes as inherently comparable fuel. The
Agency would provide notice and request comment on such data prior to
making a final determination that the waste is inherently comparable
fuel.

G. Transportation and Storage

Waste derived fuels can pose risks during transportation and
storage, not just when burned. For instance, comparable fuels could be
reactive and corrosive (virgin fossil fuels are neither), more volatile
than fossil fuels, or have other special properties affecting handling
and storage. The Agency believes we can exempt comparable fuels from
RCRA storage and transportation requirements and therefore rely on the
storage and transportation regulations of other federal and state
agencies. However, the affected industries may have more direct
knowledge of how these requirements actually affect shipments and
storage of the potential fuels, particularly with respect to the extent
of state regulatory controls. We are therefore asking commenters to
give EPA information on the adequacy of DOT and OSHA requirements
related to storage and transportation, particularly with respect to
whether a combustion facility (including an industrial boiler) will be
on proper notice about the nature and behavior of the comparable fuel
to allow for safe handling and burning.
In this regard, EPA believes it is appropriate to set a minimum
flash point for comparable fuels. (See section A.2. for a general
discussion concerning the Comparable Fuels Specification.) The flash
point is defined as the minimum temperature at which a substance gives
off enough flammable vapors which in contact with a spark or flame will
ignite. Setting a minimum flash point would ensure that under ambient
conditions the comparable fuel would not ignite during transportation
and storage.
A shortcoming of this approach is that a purchaser or other off-
site facility may desire a comparable fuel with a flash point lower
than the comparable fuel specified flash point. EPA does not wish to
preclude low flash point comparable fuels from the exemption.
Therefore, the Agency is inclined to allow some waiver of the minimum
flash point specification under certain circumstances.
EPA is proposing to allow low flash point comparable fuels if there
is some notice to intermediate carriers and the ultimate user of what
the flash point of this comparable fuel is. To do this, EPA needs to be
assured that these low flash point comparable fuels can be stored,
handled, and transported safely. EPA is inclined to believe current DOT
and OSHA requirements for transportation and storage of hazardous or
combustible liquids are adequate for this purpose, but we specifically
seek comment on this issue.

[[Page 17469]]

H. Speculative Accumulation

EPA is also proposing that comparable fuels remain subject to the
speculative accumulation test found in Sec. 261.2(c)(4). This means
that persons generating or burning comparable fuels must actually put a
given volume of the fuel to its intended use during a one-year period,
namely 75 per cent of what is on hand at the beginning of each calendar
year commencing on January 1. See the definition of ''accumulated
speculatively'' in Sec. 261.1(c)(8). (The rules also provide for
variances to accommodate circumstances where such turnover is not
legitimately practical. Sec. 260.31(a).) EPA applies this test to other
similar exclusions of recycled secondary materials in the rules (see
Sec. 261.2(e)(2)(iii).) This is because over accumulation of hazardous
waste-derived recyclables has led to many of the most severe hazardous
waste damage incidents. See 50 FR at 658-61 and 634-37 (January 4,
1985). There is no formal recordkeeping requirement associated with the
speculative accumulation test, but the burden of proof is on the person
claiming the exclusion to show that the test has been satisfied.
Sec. 261.2(f) and 50 FR at 636-37.

I. Regulatory Impacts

EPA also requests data from the regulatory community concerning the
regulatory impacts of this proposed comparable fuel exclusion. Impact
data includes the quantity of waste which would be excluded (by weight)
and the cost savings as a result of the exclusion. Based on the data
submitted, EPA will develop a full regulatory impact assessment during
the final rulemaking.

J. CMA Clean Fuel Proposal

The Chemical Manufacturers Association (CMA) submitted a proposal
to exempt certain ''clean'' liquid wastes from RCRA regulation
²⁰⁶. Unlike EPA's benchmark-based comparable fuel proposal, the
CMA approach would establish clean fuel specifications for mercury,
LVM, and SVM metals based on the technology-based MACT emission
standards proposed today. For mercury, CMA calculated the maximum feed
rate the facility would be allowed if it had a given gas flowrate, no
mercury control, and yet complied with today's proposed standards. This
would establish the maximum mercury concentration of the CMA ''clean
fuel'' specification. Limits would be established for LVM and SVM
metals in a similar fashion. For chlorine, CMA presented a
specification level based on the concentration of chlorine found in
coal. Limits for ash content would be derived from No. 4 fuel oil.
---------------------------------------------------------------------------

\206\ See Revised CMA Proposal for Clean Waste Fuels Exemption
to RCRA dated March 1, 1996.
---------------------------------------------------------------------------

The CMA proposal also appears to rely solely on adequate thermal
destruction of the organics to control potential organic contamination
and risks therefrom. Combustion would be limited to on-site boilers or
boilers owned and operated by the clean fuel generator, where these
boilers meet a 100 ppmv hourly rolling average CO limit.
CMA's clean fuel proposal would also establish limits on physical
specifications. The heating value of a CMA clean fuel would have to be
at least 5,000 BTU/lb, viscosity would have to be less that 26.4, and
the clean fuel must be a liquid.
Acutely hazardous wastes ²⁰⁷ would not be eligible for CMA's
proposed clean fuel exemption, nor would dioxin-listed wastes
(hazardous waste numbers F020, F021, F022, F023, F026, F028.)
---------------------------------------------------------------------------

\207\ That is, discarded commercial chemical products listed in
Sec. 261.33 (''P'' listed wastes), and acutely hazardous (those with
''H'' hazard codes) wastes listed in Secs. 261.31 and 261.32
(hazardous wastes from non-specific and specific sources, ''F'' and
''K'' listed wastes, respectively.)
---------------------------------------------------------------------------

EPA invites comment on CMA's proposed ''clean fuels''
specification. Specifically, EPA requests commentors address the
following issues and questions:

--Is reliance on the technology-based MACT emission standards approach
appropriate for establishing a clean fuel exemption under RCRA, either
with or without restrictions on the type of device that can be used to
burn the clean fuel? How does EPA justify not establishing specific
constituent limits for the other five RCRA metals?
--Does a CO limit alone ensure adequate destruction of toxic organics
in a clean fuel scenario? Would additional controls, such as an HC
limit, limits on inlet temperature to a dry PM APCD, DRE testing, and
site-specific risk assessment also be appropriate?
--Does CMA's proposal adequately address new facilities? Would it be
appropriate to allow off-site shipment to a facility not owned by the
generator if the generator owns no combustion device in the vicinity?
If so, how would EPA be able to ensure compliance regarding the CO
emissions (and possibly other testing and operational conditions) of a
combustion device not owned by the generator?
--Should CMA's clean fuel approach be expanded to include gaseous as
well as liquid fuels?
--Are there wastes other than those identified by CMA (acutely toxic
and dioxin-listed wastes) which should not be eligible for a ''clean
fuel'' exemption? If so, what would be the practical impacts of such
expanded ineligibility?
--Are data available documenting that emissions from burning a ''clean
fuel'' would not pose a significant risk for the potential combustion
and management scenarios in which the clean fuel exclusion from RCRA
might be used?

II. Miscellaneous Revisions to the Existing Rules

This section provides several miscellaneous revisions to the RCRA
hazardous waste combustion rules provided by 40 CFR Parts 260-270. We
note that we are also proposing other revisions to Parts 260-270 that
would be conforming revisions to ensure that the RCRA rules are
consistent with similar provisions of the proposed Part 63 rules. Those
proposed conforming revisions are discussed elsewhere in the preamble.

A. Revisions to the Small Quantity Burner Exemption Under the BIF Rule

The Agency is proposing to revise the small quantity burner (SQB)
exemption provided by Sec. 266.108 of the BIF rule because the current
exemption may not be protective of human health and the environment.
Under the exemption, BIFs could burn up to the exempt quantities absent
regulation other than notification and recordkeeping requirements.
Under a settlement agreement, the environmental petitioners in
Horsehead Resource Development Company, Inc., v. EPA (No. 91-1221 and
Consolidated Cases), the Agency must reevaluate whether the small
quantity burner exemption is sufficiently protective given that the
Agency did not consider indirect exposure pathways in calculating the
exemption levels. In addition, the petitioners argued that the
exemption is inconsistent with the intent of RCRA Sec. 3004(q)(2)(B)
which specifically allows the Administrator to exempt facilities which
burn de minimis quantities of hazardous waste because the exemption as
promulgated would allow sources to burn up to 2,000 gallons of
hazardous waste per month absent substantive emissions controls.
Petitioners believe that 2,000 gallons per month is not a de minimis
quantity.
EPA attempted to reevaluate exempt quantities considering indirect
exposure

[[Page 17470]]

pathways for, in particular, emissions of dioxins and furans (D/F).
Unfortunately, we were not able to adequately predict emission levels
of D/F for purposes of conducting a generic, national risk assessment
to back-calculate exempt quantities. We could not effectively predict
D/F emissions because: (1) There may be little relationship between
quantity of hazardous waste burned and D/F emissions (i.e., other
factors may result in high or low D/F emissions); and (2) there are
several site-specific factors that can affect D/F emissions, including
combustion efficiency (that is affected by factors such as combustion
zone temperature, oxygen levels, and residence time in the combustion
zone), gas temperature at the particulate matter control device, and
presence of precursors such as PCBs.
In addition, we found it difficult to identify an appropriate
indirect exposure scenario for purposes of assessing risk to support a
generic exemption. We note that to evaluate whether the proposed MACT
standards met RCRA protectiveness requirements, we analyzed 11 example
facilities assuming the example facilities emitted HAPs at the
regulatory option levels. We did not have site-specific stack gas
properties (e.g., gas flow rate, gas temperature, stack height) and
exposure information to conduct similar indirect exposure assessments
for example SQB facilities.
Given these difficulties, the Agency is proposing to revise the SQB
exemption to limit exempt quantities to 100 kg/mo (27 gal/mo), which is
the current exemption level for small quantity generators (SQG)
provided by Sec. 261.5. We believe that this is appropriate given that
SQG hazardous waste is already exempt from regulation and thus, may be
burned absent emission controls. We note, however, that the SQB
exemption can apply to facilities owned or operated by large quantity
generators. Thus, under today's proposal, wastes not eligible for the
SQG exemption could be eligible for the SQB exemption. Nonetheless, we
believe that 27 gal/mo is a reasonable level for the exemption because
it is truly a de minimis quantity and such quantities can be burned
absent emission controls under existing SQG regulations.
We believe that approximately 200 boilers are currently operating
under the SQB exemption. Many of these boilers are likely burning
quantities in excess of 27 gallons/mo, and so would be subject to full
regulation as a BIF under today's proposal. We note, however, that we
are also proposing today a comparable fuels exclusion that would
exclude from the definition of solid and hazardous waste any material
that meets the proposed comparable fuels specification. Although we
currently have no information on how many SQBs could use the comparable
fuels exclusion, some heretofore SQBs are expected to be eligible for
this proposed exclusion.
Sources that burn hazardous waste that do not meet the comparable
fuels specification may determine that it is less expensive to send
their waste to a commercial burner than comply with the BIF
regulations. Those sources that choose to continue burning hazardous
waste would be required to comply with the substantive requirements of
the BIF rule. Since the BIF rule would subject some of these facilities
to RCRA regulation for the first time (assuming no other permitted
units are at the facility), these SQB facilities would be eligible for
interim status. See 56 FR at 7186 (February 21, 1991) for requirements
regarding permit modifications, section 3010 notifications, and Part A
permit applications. Such sources would also be required to submit a
certification of precompliance (required by Sec. 266.103(b)) within 6
months of the date of publication of the final rule in the Federal
Register, and a certification of compliance (required by
Sec. 266.103(c)) within 18 months of the date of publication of the
final rule.

B. The Waiver of the PM Standard Under the Low Risk Waste Exemption of
the BIF Rule Would Not Be Applicable to HWCs

Section 266.109 of the BIF rule provides a conditional exemption
from the destruction and removal efficiency (DRE) standard and the
particulate matter (PM) emission standard. The DRE standard is waived
if the owner or operator complies with prescribed procedures to show
that emissions of toxic organics are not likely to pose a potential
hazard to human health considering the direct inhalation pathway. The
PM standard is waived if the DRE standard is waived and the source
complies with the Tier I or adjusted Tier I feedrate limits for metals.
We are proposing today to restrict eligibility for the waiver of
the PM standard to BIFs other than cement and lightweight aggregate
kilns. This is because: (1) Compliance assurance with the proposed MACT
standards for D/F, SVM, and LVM is based on compliance with a CEM-
monitored, site-specific PM emission limit;²⁰⁸ and (2) the
proposed MACT PM standard would be used to help minimize emissions of
adsorbed non-D/F organic HAPs. Given that this restriction for cement
and lightweight aggregate kilns is needed to ensure compliance with the
proposed MACT standards, the restriction would be effective at the time
that the kiln begins to comply with the MACT standard (i.e., when the
source submits the initial notification of compliance).
---------------------------------------------------------------------------

\208\ Not to exceed the proposed national MACT standard.
---------------------------------------------------------------------------

Finally, we note that, as a practical matter, we believe that this
proposed restriction of eligibility for the PM waiver for kilns will
have little or no effect on the regulated community. We are not aware
of any cement or lightweight aggregate kilns that both meet the
conditions for the exemption and have elected or intend to elect to
request the waiver.
The Agency solicits comment on the application of waste
minimization to lower the volume of waste streams fed to combustors so
that the combustor can meet the proposed revised SQB feed limitations.
Such reductions might be achieved by meeting the proposed HWIR
standards and thus removing entire streams from Subtitle C
requirements. The Agency is particularly interested in technical and
economic information about commercial or experimental processes to
reduce stream volume.

C. The ''Low Risk Waste'' Exemption from the Emission Standards
Provided by the Existing Incinerator Standards Would Be Superseded by
the MACT Rules

Section 264.340(c) exempts certain incinerators from the emission
standards if the hazardous waste burned contains insignificant
concentrations of Appendix VIII, Part 261, hazardous constituents which
would reasonably be expected to be in the waste. In implementing this
provision, the Agency has used various measures of risk potential to
define ''insignificant'' concentrations. We believe that a risk-based
waiver is inconsistent with today's proposed technology-based MACT
standards for incinerators, and in any case could not supersede those
standards. Thus, we are proposing that this provision no longer be
applicable to an incinerator at the time it begins complying with the
MACT standards (i.e., when the initial notification of compliance is
submitted).
We also note that Sec. 264.340(b) provides the same exemption from
emission standards if the hazardous waste burned does not contain any
(i.e., nondetect levels) of the Appendix VIII constituents. We are
proposing that this provision also be superseded by the proposed MACT
standards because: (1) Detection limits may be high for some

[[Page 17471]]

waste matrices; and (2) nontoxic organics in the waste can result in
emissions of toxic organics under poor combustion conditions or
conditions favorable to formation of D/F in the post-combustion zone
(e.g., a PM control device operating at temperatures above 400 deg.F).

D. Bevill Residues

1. Required Testing Frequency for Bevill Residues
The Agency is proposing to set a minimum sampling and analysis
frequency for residues derived from the burning or processing of
hazardous waste in units that may qualify for the Bevill exemption by
satisfying the requirements of Sec. 266.112 (a) and (b). The Agency
believes a minimum testing frequency is necessary to prevent large
quantities of hazardous residues from being managed in an
environmentally unsound manner.
Current regulations require that waste derived residue be sampled
and analyzed ''as often as necessary to determine whether the residue
generated during each 24-hour period'' meets requirements to qualify
for the Bevill exemption. Because large volumes of residue are
generated in any 24-hour period, it is possible that a facility may
have disposed of the residue after a sample had been taken, but before
the analysis results are received. The Agency stated in the preamble to
the BIF regulations (56 FR 42504 (August 27, 1991)) that ''if the waste
derived residue is sampled and analyzed less often than on a daily
basis, and subsequent analysis determines that the residue fails the
test and is fully regulated hazardous waste, the Agency considers all
residue generated since the previous successful analysis to be fully
regulated hazardous waste absent documentation otherwise.'' Residue
generated after the failed test may also be considered hazardous waste
until the next passing test. The residue disposal area or unit would
also become subject to Subtitle C requirements.
In the interest of protecting human health and the environment and
avoiding the scenarios mentioned above, the Agency is today proposing
that if a facility elects to sample and analyze less frequently than
every day, approval must be granted by the Regional Administrator and
the sampling and analysis frequency used must be based on and justified
by statistical analysis. The Agency is also proposing that, in the
event the Regional Administrator approves less than daily sampling at a
facility, the facility must, at a minimum, sample and analyze its
residues at least once every month for metals and once every six months
for other compounds. A more frequent minimum sampling frequency has
been proposed for metals because of the variability of metal content in
feed materials and because metals cannot be destroyed in the furnace.
The proposed sampling frequency will minimize the possibility of large
volumes of hazardous residues being placed on the land or otherwise
being stored or disposed of contrary to Subtitle C requirements. The
Agency does not believe these proposed requirements will unduly burden
the regulated community and requests comments on this issue.
The following factors must be considered when determining an
appropriate sampling frequency:

--Selection of a statistical method and distribution of data (normal or
log normal distribution)
--Feedrates of wastes and all other feed streams
--Volatility of metals in all feed streams
--Physical form of various feed streams (solid versus liquid)
--Type of feed system
--Levels and types of organic constituents in all feedstreams (for
example, difficulty of destruction or formation of by-products)
--Levels and types of metals regulated under RCRA, other than those
regulated by the BIF regulations (for example, selenium)
--Changes in feed streams
--Changes in operating conditions or equipment
--Operating conditions when sampling compared with those when not
sampling
--Trends in partitioning of metals in fly as compared with bottom ash

Facilities with a high variability of hazardous constituents in
their residues should closely examine these factors in deciding upon a
sampling frequency. Facilities with residues that exhibit little or no
constituent variability may be able to sample at the minimum frequency,
pending approval of less than daily sampling by the Regional
Administrator.
2. Dioxin Testing of Bevill Residues
a. Regulatory History. Under 40 CFR Sec. 266.112 of the boiler/
industrial furnace (BIF) rule, EPA codified procedures for owners and
operators of Bevill devices to determine whether their residues retain
the Bevill exemption when the facilities co-fire or co-process
hazardous waste fuels along with fossil fuels or normal raw materials.
These procedures were deemed necessary to ensure that the burning of
hazardous waste does not alter the residues so that they are no longer
the ''high volume, low hazard'' materials exempted by the Bevill
amendment. This test was upheld by the D.C. Circuit in Horsehead
Resource Development Co. v. Browner, 16 F. 3d 1246 (D.C. Cir. 1994).
Specifically, 40 CFR Sec. 266.112 requires facilities that claim
the Bevill exemption for residues from co-burning hazardous waste along
with Bevill raw materials to conduct sampling and analysis of their
residues to document that either: (1) Levels of toxic constituents in
the waste-derived residue are not significantly higher than normal
(i.e., when not burning hazardous waste) residues; or (2) levels of
toxic constituents in waste-derived residue do not exceed health-based
levels specified in the rule. This is commonly referred to as the two-
part Bevill test. The constituents for which analysis must be conducted
include: (1) Appendix VIII, Part 261, hazardous constituents that could
reasonably be expected to be in the hazardous waste burned, and that
are listed in Sec. 268.40 for F039 non-wastewaters (see 59 FR 4982 of
September 19, 1994); and (2) compounds that the Agency has determined
are common products of incomplete combustion (i.e., they may be formed
during combustion of the waste) and have been listed in Appendix VIII
of Part 266.
b. Addition of Dioxin/Furan Compounds to the Appendix VIII, Part
266 Product of Incomplete Combustion List. The Appendix VIII, Part 266
product of incomplete combustion (PIC) list does not currently include
polychlorinated dibenzo-p-dioxin (PCDD) and polychlorinated dibenzo-
furan (PCDF) compounds. In addition, most BIF facilities do not burn
wastes which could reasonably be expected to contain PCDD/PCDF
compounds. Thus, few Sec. 266.112 facilities have been analyzing their
residues on a routine basis for PCDD/PCDF compounds to determine
whether burning hazardous waste has affected the character of the
residue.
EPA believes that it is important to add PCDD/PCDF compounds to the
PIC list in order to make residue analysis for PCDD/PCDFs a mandatory
component of the two-part Bevill test. First, dioxin/furan compounds
are likely to be PICs and, as such, should rightfully be included on
the PIC list. As described in Chapter 4 of the May 1994 Draft
Combustion Emissions Technical Resource Document (CETRED), there is a
considerable body of evidence to show that PCDD/PCDF compounds can be

[[Page 17472]]

formed in the post-combustion regions of boilers, industrial furnaces
and incinerators, even if no PCDD/PCDF compounds are fed to the
combustion device. Secondly, the level of dioxins in residues can be
influenced by hazardous waste burning activities. The October 1994
Cement Kiln Dust Notice of Data Availability, which augmented the
December 1993 Report to Congress on Cement Kiln Dust, provided a
regression analysis to determine the impact of hazardous waste fuel use
on dioxin and furan concentrations. Every one of the dioxins and furans
evaluated appeared in significantly higher concentrations in cement
kiln dust generated by plants that burned hazardous waste fuel in
comparison with plants that did not burn any hazardous waste fuels. The
Report concluded that the strength and consistency of this relationship
for cement kiln dust was striking, and that it provides very strong
evidence that dioxin and furan concentrations in the dust are
systematically higher at plants that burn hazardous waste fuel.
Finally, it is important to note that, where the potential for
excess risks were identified in the Report, the constituents of concern
included metals and dioxin/furan compounds. Metals are already covered
by the two-part test of Sec. 266.112. However, it is equally important
to include PCDDs/PCDFs in the two-part test to make sure that residues
from hazardous waste-burning devices continue to meet the high volume,
low hazard criteria presumed by the Bevill exemption.
c. Use of Land Disposal Restriction Standards as Interim Limits for
PCDD/PCDFs. On November 9, 1993, EPA published an interim final rule
establishing alternate concentration limits for nonmetals to be used
for the health-based comparison portion of the two-part Bevill test
(i.e., 40 CFR Sec. 266.112(b)(2)). The alternate levels were based on
the land disposal restriction (LDR) limits for F039 non-wastewaters
pending further administrative action to determine whether more
appropriate health-based levels should be developed. Although the LDR
limits are not health-based levels, the Agency noted in the preamble
(58 FR at 59598 (Nov. 9, 1994)) that the technology-based LDR treatment
limits should serve to identify residues that have the ''low toxicity''
attribute that is one of the key bases for the temporary exemption of
Bevill residues from the definition of hazardous waste. See Horsehead
Resource Development Co. v. Browner, 16 F. 3d. The Agency also noted
that the LDR levels are promulgated limits and so have been scrutinized
and subject to public comment in previous rulemakings.
As part of today's proposal to add PCDD/PCDF constituents to the
Appendix VIII, Part 266 PIC list, the Agency would continue the interim
practice of basing the concentration limits for the health-based
portion of the two-part Bevill test on the LDR F039 nonwastewater
levels. The LDR regulation establishes concentration limits of 1 part-
per-billion (ppb) for total HxPCDDs, total HxPCDFs, total PePCDDs,
total PePCDFs, total TCDDs and total TCDFs. The Agency believes that
these levels for dioxin/furan compounds will serve as adequate
screening levels on an interim basis to ensure that residues from
hazardous waste-burning devices continue to meet the ''low toxicity''
attribute presumed by the Bevill exemption.
The Report to Congress on Cement Kiln Dust provides some support
for the 1 ppb PCDD/PCDF screening criteria. In baseline risk modeling
for fifteen case study facilities managing CKD on-site, dioxin/furan
compounds were not identified as contributors to adverse health effects
for either direct or indirect exposure pathways (see Report, Exhibit 6-
14). Risk from PCDD/PCDFs only reached levels of concern when the
Agency performed a sensitivity analysis to examine the change in risks
that would occur at five baseline facilities based on the hypothetical
management of CKD containing the highest measured PCDD/PCDF
concentrations found in EPA's sampling at 11 cement plants. The highest
concentrations were observed in samples from a cement facility, and
were at least 2\1/2\ times higher than concentrations observed at any
other facility. All of the samples from that facility exceeded 1 ppb
for at least one homolog listed as part of the LDR F039 criteria (i.e.,
total HxPCDDs, total HxPCDFs, total PePCDDs, total PePCDFs, total TCDDs
or total TCDFs). Thus, the levels which showed potential for adverse
health effects in the site-specific modeling would be screened by
application of the 1 ppb criteria listed in the F039 LDR. By
comparison, none of the samples from facilities other than the above
facility had any PCDD/PCDF homologs exceeding 1 ppb.
The Agency is proposing continued use of the LDR levels because it
does not believe that it is appropriate to establish a more specific
health-based level for dioxin/furan compounds at this time.²⁰⁹ A
separate regulatory process is underway which will establish controls
on management of cement kiln dust (60 FR 7366). Any health-based level
established in advance of these controlled CKD management standards
would quickly become obsolete because, at a minimum, the fate and
transport assumptions would be different. The Agency specifically
requests comment regarding whether the interim LDR F039 limits for
PCDD/PCDF constituents are appropriate. Alternatively, the Agency
requests information regarding an appropriate methodology for
establishing more specific health-based limits.
---------------------------------------------------------------------------

\209\ EPA notes that, by establishing LDR exemption levels for
Bevill residue, the Agency is not suggesting that: (1) the
technology-based treatment standards are equivalent to, or
appropriate to use as, health-based limits; or (2) Bevill excluded
residues should necessarily be subject to the LDR rules. See 58 FR
at 59603 (November 9, 1994). These issues are the subject of other
rulemakings.
---------------------------------------------------------------------------

d. Clarification of Appendix VIII, Part 266 PIC List Applicability.
There has historically been some confusion regarding whether each of
the constituents listed on the Appendix VIII, Part 266 list must be a
mandatory component of the residue testing at every facility, or
whether a facility could exclude some of the constituents on the list.
Today, the Agency clarifies that the Appendix VIII, Part 266 list is
applicable to every facility in its entirety, without exclusion.
3. Application of Derived From Rule to Residues From Hazardous Waste
Combustion in non-Bevill Boilers and Industrial Furnaces
As part of a settlement agreement of the lawsuit over the 1991 BIF
regulations, EPA agreed to reconsider the appropriateness of applying
the derived from rule to residues from co-processing listed hazardous
waste fuels and raw materials in non-Bevill boilers and industrial
furnaces. An example would be an oil-fired boiler burning listed
hazardous waste fuel and generating emission control dusts or scrubber
effluents, which dusts or effluents would not be considered to be
Bevill excluded. If this type of burning occurs in a boiler or furnace
whose residues are otherwise within the scope of the Bevill amendment,
the residues remain exempted from subtitle C (i.e. remain exempted by
virtue of the Bevill amendment) so long as they are not ''significantly
affected'' by burning hazardous waste. Sec. 266.112. A residue is not
significantly affected if there is no statistically significant
increase between baseline, non-hazardous waste-derived residues, or if
hazardous constituents in the residue do not exceed health-based (or
health-based surrogate) levels. Id. Consistent with the settlement
agreement mentioned above, EPA solicits comment as to whether this

[[Page 17473]]

same type of test could be applied to burning of hazardous waste in
non-Bevill boilers and furnaces. The logic could be that if hazardous
properties are not contributed by the hazardous waste, the derived from
rule should not apply.
EPA's inclination is not to apply any type of significantly
affected test to residues at this time. The recently-proposed exit
levels, and methodology, in the Hazardous Waste Identification Rule
(HWIR) provide a means of automatic exit from the subtitle C system
when wastes (including derived-from wastes) are no longer hazardous.
Furthermore, the ''significantly affected'' test is closely linked to
the Bevill amendment, and in fact defines the scope of that amendment
in co-processing situations. EPA sees no persuasive reason to apply the
test to non-Bevill residues, particularly when the Agency has proposed
a means whereby such residues can automatically exit the system. It
appears to EPA to be the better approach to make subtitle C exit
determinations on the basis of hazards actually posed by the waste
rather than by comparisons with a non-waste baseline. (Indeed, this is
one component of the significantly affected test already. See
Sec. 266.112(b)(2).) The Agency solicits comment on this matter,
however.

E. Applicability of Regulations to Cyanide Wastes

The Agency has received several inquiries regarding the
applicability of Sec. 266.100(c)(2)(i) criteria for processing cyanide
wastes solely for metal recovery. Specifically, cyanide wastes do not
meet the common dictionary meaning of being an organic, but can be
destroyed by industrial furnaces. The Agency's intent of this exemption
was to preclude burning of waste streams that contain greater than 500
ppm nonmetal compounds listed in Appendix VIII of Part 61, that are
provided a level of destruction by the furnace. The Agency
inappropriately chose the word `organic' instead of `nonmetal' in the
above regulation. An amendment is being proposed to provide the needed
clarification that wastes containing cyanides are eligible to be
included in this exemption. We are also proposing similar amendments
(i.e., revisions to use the term ''nonmetal'' rather than ''organic'')
to subparagraphs (c)(2)(ii), (c)(3)(i)(B), and (c)(3)(ii).

F. Shakedown Concerns

There is a concern within the Agency that some new units do not
effectively use their allotted 720 hour pre-trial burn period (commonly
referred to as ''shakedown'') or extensions thereof to correct
operational problems prior to the trial burn period. This ineffective
use of the pretrial burn period can potentially lead to emission
exceedances which pose unnecessary risks to human health and the
environment. In addition, failure(s) during trial burn testing at one
or more test conditions reduce a facility's flexibility to burn
hazardous waste in a subsequent permit developed from the trial burn or
may even lead to a need to perform other trial burns or a termination
of the permit. A failure to perform adequate shakedown may also lead to
difficulties in making an interpretation of trial burn data and in
setting of permit conditions due to excessive variability in trial burn
operation.
The Agency believes that an approach using system start-up and
system problem solving with the use of a non-hazardous waste feed
followed by a gradual, carefully planned introduction of hazardous
waste feed is essential to avoid the potential problems which could
result from the burning of hazardous waste in an undiagnosed system
which may not yet be operating at steady state conditions. The absence
of this type of approach has caused many previous trial burns not to be
carried through to completion or has caused them to occur in a very
different fashion from that prescribed in the trial burn plan. Other
efforts during the trial burn have resulted in diminished operating
allowances or in the need for additional trial burn testing. As a
result of these occurrences, the Agency is proposing three options
which center around the pretrial burn period in an attempt to enhance
regulatory control over trial burn testing. The Agency is also
requesting comment on the applicability of these options to interim
status facilities. The shakedown period has, in the past, been applied
exclusively to new facilities and has not addressed existing facilities
operating under interim status. The Agency believes that these options
could apply to interim status facilities if the newly proposed waste to
be burned represented a very different waste than that which had been
burned.
As its primary option, the Agency would require that facilities be
required to show the Director prior to trial burn dates being scheduled
that the facility has provided a minimum showing of operational
readiness. This showing of operational readiness would be one which has
been established by the Director and would be incorporated as part of
the permit application process for both interim status and new devices.
The manner in which this notification of readiness would occur would be
determined by the Director. A trial burn could not be scheduled until
this minimum showing to the Director has occurred. Criteria for trial
burn readiness would include, but would not be limited to the following
examples: (1) The ability of a facility to show that it has operated
the device to be permitted under its planned trial burn conditions
(e.g. temperature, feedrate) for a specified time period set by the
Director, or (2) the ability of a facility to operate for a designated
period of time (to be established by the Director) without an Automatic
Waste Feed Cut-Off (AWFCO) occurring. To show readiness to the
Director, the composition of the feed stream to the device during this
showing would need to be nearly identical (if not identical) to the
waste intended to be burned during the operational lifetime of the
facility. This similarity should be consistent with respect to the
physical, thermal, and fluid characteristics of the waste not only
being burned during the trial burn tests, but also during the lifetime
of the facility. It is the Agency's belief that facilities which fail
their trial burn tests often fail because facilities tend to stress
their devices for the first time only during trial burn testing. The
system has to that point never undergone ''break point'' testing with
an increased feedrate or maximum capacity feedrate. A trial burn should
not be scheduled until a facility has shown the Director that it can
operate without constant shutdowns at feedrates consistent with that of
the trial burn.
A second option which the Agency offers for comment is a more
restrictive option. This option proposes requirements on both the
operations prior to and following the shakedown period. It incorporates
the notification requirements found in the primary option along with an
additional notification requirement which would occur prior to the
beginning of shakedown. This option would require a facility to notify
the Director that it has achieved steady state operation with non-
hazardous waste during this period leading up to shakedown at
operational levels set by Director (e.g. flowrates) which are
comparable to that to be tested at trial burn and to certify that the
device is ready to begin shakedown operations. As before, this option
would also require a facility to notify the Director following
shakedown that operational readiness with hazardous waste has been
achieved and to certify that the device is ready for trial burn tests.
Although this option would impose two more operational

[[Page 17474]]

requirements for a facility, it would ensure that the facility has
brought the device up to operational standards whereby the addition of
hazardous waste would not represent an excessive risk to human health
or the environment. The Agency believes that this option would also
provide for a more efficient trial burn since it has required a
facility to become operational without constant shutdowns prior to the
trial burn prior to shakedown and after shakedown. Portions of this
option may not be directly applicable to interim status facilities
since they have been burning hazardous waste to date and may have most
of their operational problems worked out.
A third option upon which the Agency is requesting comment is a
''guidance only'' option. Although this option would not impose any
specific regulatory requirements for a showing of operational readiness
prior to or after a shakedown period, it would provide guidance to
industry and permit writers on how to effectively achieve preparedness
prior to a trial burn without the need of formalizing it within the
constraints of the regulations. Permit writers would have the ability,
as they do now, to set readiness demonstration requirements if they
deem it necessary for a specific site.

G. Extensions of Time Under Certification of Compliance

The Boiler and Industrial Furnace Rule, at 40 CFR
Sec. 266.103(c)(7), allows a facility to obtain a case-by-case
extension under certain circumstances when events were outside of the
control of the facility. There have been questions as to whether this
provision meant that after August 21, 1992, a facility could no longer
apply for a case-by-case extension. The Agency wants to clarify that it
never intended this restrictive interpretation and so is proposing to
amend this section to provide the clarification. EPA intended the case-
by-case extension to apply at any time during the certification of
compliance cycle, including during Revised Certification of Compliance
under Sec. 266.103(c)(8), and during Periodic Recertifications under
Sec. 266.103(d). See 56 FR at 7182 (February 21, 1991). The basis of
granting the case-by-case extension is proposed to remain unchanged by
today's rule. Additionally, EPA is clarifying that the automatic one
year extension is not valid for facilities which were not in existence
on August 21, 1991.

H. Technical Amendments to the BIF Rule

1. Facility Requirements at Closure
EPA is today proposing to amend Sec. 266.103(l) to stipulate that
at closure, the owner or operator must remove all hazardous waste and
hazardous waste residues not only from the boiler or industrial
furnace, but also from its air pollution control system (APCS).
Although the APCS is an integral part of the facility, this minor
amendment will make it explicitly clear that no hazardous waste or
residues can remain in the APCS after closure.
2. Definitions under the BIF Rule
We are adding several definitions under Sec. 260.10 for frequently
used terms in combustion regulations like fugitive emissions, automatic
waste feed cutoff system, run, air pollution control system and
operating record. The purpose is to clarify these technical terms of
thermal treatment, expedite permit writing as well as increase the
enforceability of obvious technical violations. Some of these
definitions already exist in the air regulations.

I. Clarification of Regulatory Status of Fuel Blenders

EPA is proposing to revise 40 CFR 266.101 (''Management prior to
burning'') to clarify that fuel blending activities, including those
which constitute treatment, are regulated under RCRA. Section 266.101
(formerly 266.34) was written with the understanding that hazardous
waste fuel-blending activities were traditionally performed in
containers or tank systems where the storage standards of Part 264
could be applied. The Agency believes that protection of human health
and the environment is accomplished when the permit addresses the
containment of the waste being treated. Therefore, no direct reference
to ''treatment'' was included in Section 266.34; treatment was
understood to be implicit in the regulation, as shown by the reference
in section 261.6 to the ''* * * applicable provisions of Part 270.''
EPA has in fact explicitly interpreted Sec. 266.101 (formerly
Sec. 266.34) to require tank storage standards to apply to tanks in
which hazardous waste fuels are blended. See 52 FR 11820 (April 13,
1987).
More recently, it has come to the Agency's attention that fuel
blenders may be using devices such as microwave units and distillation
columns in their hazardous waste handling operations that differ from
the traditional fuel-blending practices. These practices are, in fact,
hazardous waste treatment activities requiring a RCRA permit, without
which the unit cannot operate. For many such operations, the
''miscellaneous unit'' requirements of Part 264, Subpart X, would
apply. Due to various inquiries regarding this issue, EPA has written
several policy memoranda confirming that treatment, as well as storage,
conducted by fuel blenders requires a RCRA permit. These memoranda are
part of the Agency's RCRA Permit Policy Compendium and are available
from the RCRA Hotline. They are also included in this rulemaking
docket. EPA is taking this opportunity to clarify this issue in the
regulations by revising the language in Sec. 266.101.

J. Change in Reporting Requirements for Secondary Lead Smelters Subject
to MACT

EPA recently promulgated MACT standards for the secondary lead
smelter source category. 60 FR 29750 (June 23, 1995). In that rule, the
Agency found, with unanimous support from commenters, that RCRA
emission standards were unnecessary at the present time for these
sources since the MACT standards provide significant health protection,
area secondary lead sources will be regulated by these MACT standards,
and the ultimate issue of the protectiveness of the standard will be
evaluated during the section 112(f) residual risk determination.
EPA is proposing here to modify existing Sec. 266.100(c), which
provides an exemption from RCRA air emission standards for (among other
sources) industrial furnaces burning hazardous waste solely for
material recovery. Secondary lead smelters complying with conditions
enumerated in Sec. 266.100(c)(l) and (3) are among this type of
industrial furnace. The Agency is proposing to amend Sec. 266.100(c)and
is proposing to add a new Sec. 266.100(g) to state that RCRA provisions
for air emissions do not apply to secondary lead smelters when the MACT
rule takes effect (in June, 1997), provided the smelters do not burn
hazardous wastes containing greater than 500 ppm nonmetal hazardous
constituents (or burn wastes enumerated in 40 CFR Part 266 Appendix
XI), submit a one-time notice to EPA or an authorized state, sample and
analyze as necessary to document the basis for their claim, and keep
appropriate records. These amendments also could take the form of an
exemption (subject to the same conditions) for such secondary lead
smelters from the present proposed rule.
This proposed amendment is similar to the exemption found in the
existing

[[Page 17475]]

RCRA BIF rules but does eliminate certain recordkeeping and reporting
requirements for secondary lead smelters presently required as a
condition of the RCRA exemption. The Agency tentatively does not
believe these extra reporting requirements are needed once the MACT
standards take effect. At the same time, secondary lead smelters
choosing to burn hazardous wastes different from those evaluated in the
secondary lead NESHAP (i.e. hazardous wastes with greater than 500 ppm
toxic nonmetals or those hazardous waste not listed in Appendix XI to
Part 266) would have to meet applicable standards for hazardous waste
combustion units (i.e. either the existing BIF standards or revised
standards based on MACT), as well as those for secondary lead smelters.
EPA would administer this proposal by not requiring a secondary lead
smelter that has already submitted a notification to EPA or an
authorized state under existing 266.100(c)(l) or (3), to renotify under
proposed 266.100 (g).

PART SEVEN: ANALYTICAL AND REGULATORY REQUIREMENTS

I. Executive Order 12866

Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the
Agency must determine whether this regulatory action is
''significant.'' A determination of significance will subject this
action to full OMB review and compliance under Executive Order 12866
requirements. The order defines ''significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more,
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlement, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the terms of the Executive Order.
The Agency believes that today's proposal, represents a significant
action. If adopted, the proposed rule would most likely result in a
cost greater than $100 million. As a result, this rulemaking action,
and supporting analyses, are subject to full OMB review under the
requirements of the Executive Order. The Agency has prepared
''Regulatory Impact Assessment for Proposed Hazardous Waste Combustion
MACT Standards'' and ''Addendum to the Regulatory Impact Assessment for
Proposed Hazardous Waste Combustion MACT Standards'' in support of
today's action; this report is available in the public docket for
today's rule. A summary of this analysis and findings is presented
below.

II. Regulatory Options

During the regulatory developmental phases, EPA considered seven
different regulatory MACT options for existing sources. Refer to the
RIA for a detailed discussion of the seven options. This preamble
discusses and assesses the floor option and the Agency preferred
option. For more detail on the specific methodology used in developing
floor and ''beyond-the-floor'' control levels, the reader should refer
to the preamble Options section, Part Four of this preamble. Below is a
summary of the impact of floor levels and the preferred option 1 on the
combustion industry.

III. Assessment of Potential Costs and Benefits

A. Introduction

The Agency has prepared a regulatory impact assessment to accompany
today's proposed rulemaking. The Agency has evaluated cost, economic
impacts, and other impacts such as environmental justice, unfunded
mandates, regulatory takings, and waste minimization incentives. The
focus of the economic impact assessment was on how the MACT standards
may affect the hazardous waste-burning industry. The Agency would like
to note that although the cement kiln industry profits are generated by
two components: cement production and hazardous waste burning, the RIA
only estimated the impact the MACT standards will have on hazardous
waste burning. The Agency is in the process of beginning an analysis
that will study the impact of today's rule on cement production, cement
prices, and competition in the cement industry. The Agency would like
to solicit comments and request information in this area as we begin
our research.
To develop cost estimates, EPA categorized the combustion units by
size, and estimated engineering costs for the air pollution control
devices (APCDs) needed to achieve the standards in the regulatory
options. Based on information regarding current emissions and APCD
trains EPA developed assumptions regarding the type of upgrades that
units would require. Because EPA's data was limited, this analysis is
meant to develop estimates of national economic impacts, and not site
specific impacts.

B. Analysis and Findings

Total annual compliance costs for the floor option and the Agency's
proposed standards range in costs from an estimated $93 million to $136
million.

Total Annual Compliance Costs
[Millions]
----------------------------------------------------------------------------------------------------------------
Cement Commercial On-site
Options kilns LWA kilns incinerators incinerators Total
----------------------------------------------------------------------------------------------------------------
6 percent Floor.................................... $27 $2 $13 $50 $93
6 percent BTF...................................... 44 4 20 67 136
----------------------------------------------------------------------------------------------------------------

This rule will result in a significant impact to the combustion
industry. The regulatory impact assessment used a number screening
indicators to assess the impact of this rule. One indicator the
analysis used was the average total annual compliance cost per unit.
This indicator assesses the relative impact the rule has on each
facility type in the combustion universe. According to this indicator,
cement kilns incur the greatest average incremental cost per unit
totaling $770,000 annually for the floor and $1.1 million annually for
the proposed standards, which include beyond the floor standards. The
cost per unit for LWAKs range from $490,000 to $825,000 and for on-site
incinerators from $340,000 to $486,000. Commercial incinerators annual
average cost per unit total $493,000 for the floor and

[[Page 17476]]

$730,000 for the proposed standards. One should note however, that the
per unit costs are presented assuming no market exit. Once market exit
occurs, per unit should be significantly lower particularly for on-site
incinerators.
Looking at the price per ton, in the baseline, cement kilns have
the lowest cost ($104 per ton) to burn hazardous waste today with
commercial incinerators have $800 per ton costs and on-site
incinerators have $28,460 per ton costs. For compliance costs, cement
kilns have the smallest impact ($40 to $50 per ton) with on-site
incinerators experiencing a high compliance cost of $47 to $57 per ton.
EPA also looked at baseline cost of burning hazardous waste as a
percentage of compliance cost. This indicator assesses the relative
impact of facilities within the sector but it also can be a predictor
for how prices might increase for burning hazardous waste. According to
the table below, the floor compliance costs are 40 percent of the
current baseline cost of burning hazardous waste for cement kilns and
over 20 percent for LWAKs. Many on-site incinerators and commercial
incinerators have existing APCDs and have larger volumes of waste to
distribute compliance costs across, thus compliance costs tend to be a
smaller addition to baseline costs.

Average Total Annual Baseline--Incremental Compliance
[Cost per Ton]
----------------------------------------------------------------------------------------------------------------
Cement Commercial On-site
Options kilns LWA kilns incinerators incinerators
----------------------------------------------------------------------------------------------------------------
Baseline...................................................... $104 $194 $806 $28,500
6 percent Floor............................................... $40 $39 $23 $47
6 percent BTF................................................. 50 56 31 57
----------------------------------------------------------------------------------------------------------------
Note: Baseline costs were calculated by identifying all costs associated with hazardous waste burning. Thus, for
commercial incinerators and on-site incinerators, all costs associated with unit construction, operation and
maintenance are included. This also includes RCRA permits and existing APCDs. The costs for on-site burners
are extremely high because total costs for incineration is distributed across the small amount of hazardous
waste burned. For cement kilns and LWAKs, only those incremental costs associated with burning hazardous waste
are included such as, permits. The cost of the actual units (which have a primary purpose of producing cement
or aggregate) are not included in the baseline. Also these costs are after consolidation occurs.

Although cement kilns incur a significant impact, they still have
the lowest average waste burning cost after the regulation. As the
table above illustrates in the post-regulatory scenario, cement kilns
cost per ton for burning waste would total $154 compared to a cost per
ton for commercial incinerators of $837. EPA expects that this
advantage for cement kilns in the market will allow them to continue to
set the market price for waste burning.
Not all facilities however, will be able to absorb the compliance
cost to this rule and remain competitive. The economic impact
assessment estimates that of the facilities which are currently burning
hazardous waste 3 cement kilns, 2 LWAK, 6 commercial incinerators and
85 on-site incinerators will likely stop burning waste in the long
term. Most of these units are ones which burn smaller amount of
hazardous waste.

C. Total Incremental Cost per Incremental Reduction in HAP Emissions

Cost effectiveness is calculated by first estimating the compliance
expenditures associated with the specific hazardous air pollutant
(HAP). The estimation of costs per HAP is often difficult to ascertain
because the air pollution control devices usually control more than one
HAP. Therefore, estimation of precise cost per HAP was not feasible.
Once the compliance expenditures has been estimated, the total mass
emission reduction achieved when combustion facilities comply with the
standards for a given option must be estimated. With the total
compliance costs and the total mass emissions, the total incremental
cost per incremental reduction in HAP emissions can be estimated. For a
more detailed discussion of how the cost per HAP was calculated, please
see chapter 5 of ''Regulatory Impact Assessment for Proposed Hazardous
Waste Combustion MACT Standards''.
Results of the cost-effectiveness calculations for each HAP for all
facilities are found below. For results on a facility-type level,
please see chapter 5 of the RIA. Considering all facilities as a group,
the results indicate that dioxin, mercury, and metals cost per unit
reduction are quite high. This is the case because small amounts of the
dioxin and metals are released into the environment. For other
pollutants, expenditures per ton are much lower.

Cost Effectiveness for All Facilities
------------------------------------------------------------------------
Baseline 6 percent
to 6 floor to
HAP Unit percent 6 percent
floor BTF
------------------------------------------------------------------------
D/F............................ $/g.............. $12,000 $560,000
Mercury........................ $/lb............. 2,600 5,400
LVM............................ $/Mton........... 407,000 NA
SVM............................ $/Mton........... 315,000 NA
Chlorine....................... $/Mton........... 7,000 2,240
Particulate.................... $/Mton........... 4,400 3,200
CO............................. $/Mton........... 1,360 NA
THC............................ $/Mton........... 2,800 NA
------------------------------------------------------------------------
Note: NA = Zero incremental reduction in HAP emissions (Dollars divided
by zero = NA).

D. Human Health Benefits

1. Dioxin benefits
Polychlorinated dibenzo-p-dioxins and polychlorinated
dibenzofurans, hereafter referred to collectively as dioxins, are
ubiquitous in the environment. The more highly chlorinated dioxins,
which are extremely stable under environmental conditions, persist in
the environment for decades and are found particularly in soils,
sediments, and foods. It has been hypothesized that the primary
mechanism by which dioxins enter the terrestrial food chain is through
atmospheric deposition.²¹⁰ Dioxins may be emitted directly to the
atmosphere by a variety of anthropogenic sources or indirectly through
volatilization or particle resuspension from reservoir

[[Page 17477]]

sources such as soils, sediments, and vegetation.
---------------------------------------------------------------------------

\210\ USEPA, ''Estimating Exposure to Dioxin-Like Compounds'',
Volume I, June 1994.
---------------------------------------------------------------------------

The most well known incident of environmental contamination with
dioxins occurred in Seveso, Italy in an industrial accident. Symptoms
of acute exposures such as chloracne occurred immediately following the
incident. Since then, significant increases in certain types of cancers
have also been observed.²¹¹ After evaluating a variety of
carcinogenicity studies in human populations and laboratory animals,
EPA has concluded that 2,3,7,8-tetrachlorodibenzo-p-dioxin and related
compounds are probable human carcinogens.²¹² EPA estimates that a
dose of 0.01 picograms on a toxicity equivalent (TEQ) basis per
kilogram body weight per day is associated with a plausible upper bound
lifetime excess cancer risk of one in one million (1 x 10-6).²¹³
Toxicity equivalence is based on the premise that a series of common
biological steps are necessary for most if not all of the observed
effects, including cancer, from exposures to 2,3,7,8 chlorine-
substituted dibenzo-p-dioxin and dibenzofuran compounds in vertebrates,
including humans. Given the levels of background TEQ exposures
discussed below, as many as 600 cancer cases may be attributable to
dioxin exposures each year in the United States.
---------------------------------------------------------------------------

\211\ USEPA, ''Health Assessment Document for 2,3,7,8-
Tetrachlorodibenzo-p-Dioxin (TCDD) and Related Compounds, Volume II,
June 1994.
\212\ USEPA, ''Health Assessment Document for 2,3,7,8-
Tetrachlorodibenzo-p-Dioxin (TCDD) and Related Compounds, Volume
III,'' August 1994.
\213\ Ibid.
---------------------------------------------------------------------------

EPA has also concluded that there is adequate evidence from both
human populations and laboratory animals, as well as other experimental
data, to support the inference that humans are likely to respond with a
broad spectrum of non-cancer effects from exposure to dioxins if
exposures are high enough. Although it is not possible given existing
information to state exactly how or at what levels exposed humans will
respond, the margin of exposure between background TEQ levels and
levels where effects are detectable in humans is considerably smaller
than previously thought.²¹⁴
---------------------------------------------------------------------------

\214\ Ibid.
---------------------------------------------------------------------------

Dioxins are commonly found in food produced for human consumption.
Consumption of dioxin contaminated food is considered the primary route
of exposure in the general population. EPA evaluated data collected in
four U.S. studies, three of which included analyses of all 2,3,7,8
chlorine-substituted congeners of dibenzo-p-dioxin and dibenzofuran.
EPA's evaluation concluded that ''background'' levels in beef, milk,
pork, chicken, and eggs are approximately 0.5, 0.07, 0.3, 0.2, and 0.1
parts per trillion fresh weight, respectively, on a toxicity equivalent
(TEQ) basis.²¹⁵ EPA then used these background levels, together
with information on food consumption, to estimate dietary intake in the
general population. That estimate is 120 picograms TEQ per day.²¹⁶
---------------------------------------------------------------------------

\215\ USEPA, ''Estimating Exposure to Dioxin-Like Compounds,''
Volume II, June 1994.
\216\ Ibid.
---------------------------------------------------------------------------

EPA has also collected data on dioxins in fish taken from 388
locations nationwide and found that at 89 percent of the locations,
fish contained detectable levels of at least two of the dioxin and
furan compounds for which analyses were conducted.²¹⁷ (Of the
2,3,7,8 chlorine-substituted congeners, only octachlorodibenzo-p-dioxin
and octachlorodibenzofuran were not analyzed.) Seven of the compounds,
including 2,3,7,8-TCDD, were detected at over half the locations.
Detection limits were generally at or below 1 part per trillion on a
toxicity equivalent basis. The median (50th percentile) concentration
in fish on a toxicity equivalent basis (TEQ) was 3 parts per trillion
(ppt) while the 90th percentile was approximately 30 ppt TEQ. Five
percent of the sites exceeded 50 ppt TEQ. At most sites, both a
composite sample of bottom feeders and a composite sample of game fish
were collected. At sites considered representative of background
levels, the median concentration was 0.5 ppt TEQ.
---------------------------------------------------------------------------

\217\ USEPA, ''National Study of Chemical Residues in Fish,''
Office of Science and Technology, September 1992.
---------------------------------------------------------------------------

EPA has estimated that hazardous waste incinerators and hazardous
waste-burning cement and lightweight aggregate kilns currently emit
0.08, 0.86, and less than 0.01 kg TEQ of dioxins per year,
respectively, or a total of 0.94 kg TEQ per year. Excluding non-
hazardous waste-burning cement kilns, an emission rate of approximately
9 kg TEQ per year is estimated for all other U.S. sources.²¹⁸
Therefore, hazardous waste-burning sources represent about 9 percent of
total anthropogenic emissions of dioxins in the U.S. The following
table shows hazardous waste-burning sources relative to other major
emitters of dioxins:
---------------------------------------------------------------------------

\218\ USEPA, ''Estimating Exposure to Dioxin-Like Compounds'',
Volume II, June 1994.

------------------------------------------------------------------------
Dioxin
emissions
Source category (kg TEQ/
year)
------------------------------------------------------------------------
Medical Waste Incinerators................................... 5.1
Municipal Waste Incinerators................................. 3.0
Hazardous Waste-burning Incinerators, Cement Kilns, and
Lightweight Aggregate Kilns................................. 0.9
------------------------------------------------------------------------

There is information to suggest, however, that dioxin emissions
nationwide from all sources are higher than have been estimated. Public
comments on EPA's dioxin reassessment have identified a number of
possible additional sources of dioxins, including decomposition of
materials containing chlorophenols (i.e. wood treated with PCP), metals
processing industries, diesel fuel and unleaded gasoline, PCB
manufacturing, and re-entrainment of reservoir sources. Reservoir
sources may be a significant source of vapor phase dioxins. On the
other hand, emissions from at least one of the sources, medical waste
incinerators, is probably significantly overestimated. Supporting the
view that dioxin emissions may be higher than previously estimated are
indications that deposition may be considerably greater than can be
accounted for by presently identified emissions.
The impact of emissions on exposure and risk depends on the
relative geographic locations of the emission sources and receptors
which contribute to exposure and risk, primarily farm animals. This
applies to both near field dispersion and long-range transport and it
affects exposure and risk both in determining whether the trajectory of
an air parcel impacts receptors of concern and in determining the
chemical fate of the emissions. The fate of dioxins depends on
degradation processes that can occur in the atmosphere. These processes
can increase or decrease the toxicity of the original emissions through
dechlorination. This process can have different effects on different
emission sources, depending on the congener distributions, residence
time in the atmosphere, and climatic conditions.
Considering all these factors, it is apparent that hazardous waste-
burning sources contribute significantly to the overall loading of
dioxins to the environment, although the relative magnitude of the
contribution remains to be determined. While there is not a one-to-one
relationship between emissions and risk, it may be inferred that
hazardous waste-burning sources likely do contribute significantly to
dioxin levels in foods used for human consumption and, to an extent as
yet unknown, the estimated 600 cancer

[[Page 17478]]

cases attributable to dioxin exposures annually.
EPA estimates that dioxin emissions from hazardous waste-burning
sources will be reduced to 0.07 kg TEQ per year at the floor levels and
to 0.01 kg TEQ per year at the proposed beyond the floor standard.
These reductions would result in decreases of approximately 8 and 9
percent, respectively in total estimated anthropogenic U.S. emissions.
EPA expects that reductions in dioxin emissions from hazardous waste-
burning sources, in conjunction with reductions in emissions from other
dioxin-emitting sources, will help reduce dioxin levels over time in
foods used for human consumption and, therefore, reduce the likelihood
of adverse health effects, including cancer, occurring in the general
population.
2. Mercury Benefits
Mercury has long been a concern in both occupational and
environmental settings. The most bioavailable form of mercury and,
therefore, the form most likely to have an adverse effect, is methyl
mercury. Human exposures to methyl mercury occur primarily from
ingestion of fish. As a result of mercury contamination, there are
currently fish consumption bans or advisories in effect for at least
one waterbody in over two thirds of the States.
Nationally, about 60 percent of all fish consumption bans and
advisories are due to mercury. In several States the mercury advisories
are statewide, with the most widespread concerns being in the northern
Great Lakes states and Florida. The bans and advisories vary from State
to State with respect to the levels of concern, the recommended limits
on consumption, and other factors. Therefore, it is difficult to
develop a national estimate of potential risk based on this
information. Nevertheless, these bans and advisories provide one
indication of the extent and severity of mercury contamination.
Even low levels of mercury in surface waters can lead to high
levels of mercury in fish. EPA has estimated that bioaccumulation
factors, which represent the ratio of the total mercury concentration
in fish tissue to the total concentration in filtered water, range from
5,000 to 10,000,000 depending on the species of fish, the age of the
fish, and the waterbody the fish inhabit.
The most well known example of mercury poisoning from ingestion of
fish occurred in the vicinity of Minamata Bay, Japan. Severe
neurological effects resembling cerebral palsy occurred in the
offspring of exposed pregnant women. EPA has estimated what it
considers a safe level of exposure to methyl mercury. This level,
referred to as the reference dose, is 1E-4 mg/kg-day. The reference
dose is based on an evaluation of 81 maternal-infant pairs exposed to
methyl mercury in an incident in Iraq in which methyl mercury treated
seed grain was diverted for use in making bread. Sources of uncertainty
in the reference dose are the relatively small number of maternal-
infant pairs in the Iraqi study, the short duration of maternal
exposure (approximately three months), latency in the appearance of
effects (from as little as a month to as long as a year), possible
misclassification of maternal exposures, differences in the vehicle of
exposure (i.e., grain versus fish), and the selection of the neurologic
and behavioral endpoints used in the analysis. EPA intends to further
evaluate the reference dose for methyl mercury when the results from
studies of fish-eating populations become available.
EPA collected data on chemical residues in fish taken from 388
locations nationwide and found that at 92 percent of the locations,
fish contained detectable levels of mercury.²¹⁹ (Detection limits
varied between 0.001 and 0.05 parts per million.) The median (50th
percentile) mercury concentration in fish was 0.2 ppm while the 90th
percentile was 0.6 ppm. Two percent of the sites exceeded 1 ppm. At
most sites, both a composite sample of bottom feeders and a composite
sample of game fish were collected. The highest concentration, 1.8 ppm,
was measured at a remote site considered to represent background
conditions.
---------------------------------------------------------------------------

\219\ USEPA, ''National Study of Chemical Residues in Fish,''
Office of Science and Technology, September 1992.
---------------------------------------------------------------------------

Similar results have been obtained in other studies, strongly
suggesting that long-range atmospheric transport and deposition of
anthropogenic emissions is occurring. Air emissions of mercury
contribute, then, to both regional and global deposition, as well as
deposition locally. Congress, in fact, explicitly found this to be the
case and required EPA to prioritize MACT controls for mercury for this
reason. (See S. Rep. No. 228, 101st Cong. 1st Sess. at 153-54.)
An indication of the significance of mercury contamination in fish
is illustrated by combining data on the levels of mercury in fish with
data on fish consumption and comparing it to the reference dose for
methyl mercury. For example, a fish consumption rate of 140 g/day (a
90th percentile rate associated with recreational fishing) in
conjunction with a mercury concentration of 0.6 µg/g (a 90th
percentile concentration) translates into an average daily dose of 1E-3
mg/kg-day, or 10 times the reference dose. Using the same fish
concentration with a mean fish consumption rate for recreational
anglers of 30 g/day gives a dose that is three times the reference
dose. At the median fish concentration of 0.2 µg/g and a fish
consumption rate of 30 g/day, the dose is nearly 90 percent of the
reference dose. These results indicate that for persons who eat
significant amounts of freshwater fish, exposures to mercury are
significant when compared with EPA's estimate of the threshold at which
effects may occur in susceptible individuals. However, it must be
recognized that EPA's threshold estimate represents a lower bound; the
true threshold may be higher than EPA's estimate.
EPA has estimated that hazardous waste incinerators and hazardous
waste-burning cement and lightweight aggregate kilns currently emit
4.2, 5.6, and 0.3 Mg of mercury per year, respectively, or a total of
10.1 Mg per year. In addition, EPA estimates that approximately 230 Mg
per year are emitted by all other U.S. sources. Based on these
estimates, hazardous waste-burning sources represent about 4 percent of
total anthropogenic emissions of mercury in the U.S. Therefore,
hazardous waste-burning sources do contribute to the overall loading of
mercury to the environment and, it may be inferred, to mercury levels
in fish.
EPA estimates that mercury emissions from hazardous waste-burning
sources will be reduced to 3.3 Mg per year at the proposed floor levels
and to 2.0 Mg per year at the proposed beyond the floor standard. These
reductions would result in reductions of total anthropogenic U.S.
emissions of approximately 3 percent. EPA expects that reductions in
mercury emissions from hazardous waste-burning sources, in conjunction
with reductions in emissions from other mercury-emitting sources, will
help reduce mercury levels in fish over time and, therefore, reduce the
likelihood of adverse health effects occurring in fish-consuming
populations.

E. Other Benefits

Other benefits that EPA investigated included ecological benefits,
property value benefits, soiling and material damage, aesthetic damages
and recreational and commercial fishing impacts. Overall, the analysis
of the ecological risk suggest that only when assuming very high
emissions water quality criteria is exceeded in the watersheds small in
size and located near waste combustion facilities. These watersheds are
typically located near

[[Page 17479]]

cement kilns appear to exceed the water quality criteria. According to
the property value analysis, there may be property value benefits
associated with reduction in emission from combustion facilities. The
property value work is on-going and is undergoing refinements. In
addition, EPA investigated other benefits such as benefits received
from avoided clean-up as result of reduced particulate matter releases.
For further detail, please see chapter 5 of the RIA.

IV. Other Regulatory Issues

A. Environmental Justice

The U.S. EPA completed analyses that identified demographic
characteristics of populations near cement plants and commercial
hazardous waste incinerators and compared them to the populations of
county and state. The analysis focuses on the spatial relationship
between cement plants and incinerators and minority and low income
populations. The study does not describe the actual health status of
these populations, and how their health might be affected proximity to
facilities.
EPA used a sample of 41 cement plants was analyzed from a universe
of 113 plants and a sample of 21 commercial incinerators was analyzed
from a universe of 35. The complete methodology results of the analyses
are found in two reports filed in the docket titled, ''Race ,
Ethnicity, and Poverty Status of the Populations Living Near Cement
Plants in the United States and Race,'' ''Ethnicity, and Poverty Status
of the Populations Living Near Commercial Incinerators.'' Below is a
summary of the key results found in the studies.
The Agency looked at whether minority percentages within a one mile
radius are significantly different than the minority percentages at the
county for all cement plants and sample of incinerators, the results
are as follows:
• 27 percent of the universe of all cement plants (29
plants) and 37 percent of sample of incinerators (21 plants) have
minority percentages within a one mile radius which exceed the
corresponding county minority percentages by more than five percentage
points.
• 36 percent of the universe of all cement plants (41
plants) and 44 percent of sample of incinerators have minority
percentages within a one mile radius which fall below the corresponding
county minority percentages by more than five percentage points.
• 38 percent of the universe of all cement plants (43
plants) and 20 percent of sample of incinerators minority percentages
within a one mile radius which fall within five percentage points
(above or below) of the corresponding county minority percentages.
With regard to the question of whether poverty percentages within a
one mile radius significantly different from the poverty percentages
for the county for all cement plants. The results are as follows:
• 18 percent of the universe of all cement plants (20
plants) and 36 percent of the sample of incinerators (21 plants) have
poverty percentages at a one mile radius which exceed the corresponding
county poverty percentages by more than five percentage points.
• 22 percent of the universe of all cement plants (25
plants) and 37 percent of the sample of incinerators (21 plants) have
poverty percentages at a one mile radius which fall below the
corresponding county poverty percentages by more than five percentage
points.
• 60 percent of the universe of all cement plants (68
plants) and 28 percent of sample of incinerators (21 plants) have
poverty percentages at a one mile radius which fall within five
percentage points (above or below) of the corresponding county poverty
percentages.

B. Unfunded Federal Mandates

The Agency also evaluated the proposed MACT standards for
compliance with the Unfunded Mandates Reform Act (UMRA) of 1995.
Today's rule contains no Federal mandates under the regulatory
provisions of Title II of the UMBRA for State, local or tribal
governments or the private sector. The Agency concluded that the rule
implements requirement specifically set forth by Congress, as stated in
the Clean Air Act and the Resource Conservation Recovery Act. In
addition, promulgation of these MACT standards is not expected to
result in mandated costs of $100 million or more to any state, local,
or tribal governments, in any one year. Finally, the MACT standards
will not significantly or uniquely affect small governments.

C. Regulatory Takings

EPA found no indication that the MACT standards would be considered
a ''taking,'' as defined by legislation currently being considered by
Congress. Property would not be physically invaded or taken for public
use without the consent of the owner. Also, the MACT standards will not
deprive property owners of economically beneficial or productive use of
their property, or reduce the property's value.

D. Incentives for Waste Minimization and Pollution Prevention

The RIA results do not incorporate waste minimization at this time.
However, the Agency did analyze the potential for waste minimization
and the preliminary results suggest that generators have a number of
options for reducing or eliminating waste at a much lower cost. To
evaluate whether facilities would adopt applicable waste minimization
measures, a simplified pay back analysis was used. Using information on
per-facility capital costs for each technology, EPA estimated the
period of time required for the cost of the waste minimization measure
to be returned in reduced combustion expenditures. The assessment of
waste minimization yields estimates of the tonnage of combusted waste
that might be eliminated. Comprehensive data to evaluate waste
minimization were not available. Improved information on the capital
investment and operating costs associated with waste minimization are
needed.
Overall, EPA was able to estimate that 630,000 tons of waste, a
significant portion of all combusted waste, may be amenable to waste
minimization. Three waste generating processes account for the
reduction. These processes include solvent and product recovery,
product processing waste, and process waste removal and cleaning. EPA
is continuing analysis of waste minimization options and requests
comments and information in this area. For a complete description of
the analysis, see the regulatory impact assessment.

E. Evaluation of Impacts on Certain Generators

EPA is aware of the potential impact today's proposal may have on
small business hazardous waste generators. The emission standards
proposed today will require many combustion facilities to install new
emission control equipment, undertake expanded monitoring, and comply
with additional recordkeeping and reporting requirements. Combustion
facilities will incur higher capital and operating costs as a result of
today's rule. Some facilities are predicted to leave the waste
management business altogether. As capacity decreases and costs
increase, facilities are likely to increase the waste management prices
they charge generators.
EPA believes many larger generators will respond to waste
management cost increases by accelerating their waste

[[Page 17480]]

minimization efforts. By undertaking cost-effective waste minimization
initiatives, companies can reduce the amount of waste requiring
combustion, thereby deflecting some of the impacts of increases in
waste management costs. The same waste minimization options may not be
so readily available to smaller businesses. Small businesses often do
not have the financial resources to make the capital or process
improvements necessary to minimize hazardous waste generation, even if
such improvements will have a net cost benefit in the long run. In
addition, small businesses often lack the technical expertise necessary
for effective waste minimization.
Those small businesses that are unable to minimize waste generation
will either incur higher costs to operate their businesses or, if
allowed under federal and state regulations, manage their hazardous
wastes using unregulated disposal options. Many small businesses,
because they generate less than 100 kg per month or less than 10 kg of
acutely hazardous waste per month, are classified as conditionally
exempt small quantity generators (CESQGs). CESQGs are exempt from many
of the generator requirements under 40 CFR 262 and are not required
under the federal RCRA regulations to manage their wastes in TSDFs.
Many CESQGs, however, send their wastes to third-party collection
companies who mix CESQG waste with waste from larger generators and
manage it as a fully regulated hazardous waste. Increases in waste
management costs due to today's proposal could encourage some number of
third-party collection companies to segregate CESQG wastes and manage
them using less expensive, yet legal, alternatives, such as unpermitted
boilers, space heaters, and non-TSDF cement kilns.
EPA plans to revise the Regulatory Impact Assessment (RIA) issued
with today's rule to include additional analysis, as appropriate and
feasible, focusing on these issues. EPA is seeking comments on any of
the issues raised here.

V. Regulatory Flexibility Analysis

The Regulatory Flexibility Act (RFA) of 1980 requires Federal
agencies to consider impact on ''small entities'' throughout the
regulatory process. Section 603 of the RFA calls for an initial
screening analysis to be preformed to determine whether small entities
will be adversely affected by the regulation. If affected small
entities are identified, regulatory alternatives must be considered to
mitigate the potential impacts. Small entities as described in the Act
are only those ''businesses, organizations and governmental
jurisdictions subject to regulation.''
EPA used information from Dunn & Bradstreet, the American Business
Directory and other sources to identify small businesses. Based on the
number of employees and annual sales information, EPA identified 11
firms which may be small entities. The proposed rule is unlikely to
adversely affect many small businesses for two important reasons.
First, few combustion units are owned by businesses that meet the SBA
definition as a small business. Furthermore, over one-third of those
that are considered small have a relatively small number of employees,
but have an annual sales in excess of $50 million per year.
Second, small entities most impacted by the rule are those that
burn very little waste and hence face very high cost per ton burned.
Those that burn very little waste in their existing units will
discontinue burning hazardous waste rather than comply with the
proposed rule and dispose of waste off-site. EPA looked at the costs of
alternative disposal and concludes the costs of discontinuing burning
wastes will not be so high as to result in a significant impact.
Therefore, EPA believes that today's proposed rule will have a minor
impact on small businesses.

VI. Paperwork Reduction Act

The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Two
Information Collection Request (ICR) documents have been prepared by
EPA. One ICR document covers the reporting and recordkeeping
requirements for NESHAPs from hazardous waste combustors and the other
ICR document covers the new and amended reporting and recordkeeping
requirements for boilers and industrial furnaces burning hazardous
waste. Copies may be obtained from Sandy Farmer, OPPE Regulatory
Information Division; U.S. Environmental Protection Agency (2136); 401
M St., SW; Washington, DC 20460 or by calling (202) 260-2740.
The annual public reporting and recordkeeping burden for the NESHAP
collection of information is estimated to average 36 hours per
response. The annual public reporting and recordkeeping burden for the
BIF collection of information is estimated to average 2 hours per
response. These estimates include the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
respond to a collection of information; search existing data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are displayed in 40 CFR Part 9.
Send comments regarding the burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden to Chief, OPPE Regulatory Information Division; U.S.
Environmental Protection Agency (2136); 401 M St., SW; Washington, DC
20460; and to the Office of Information and Regulatory Affairs, Office
of Management and Budget, Washington, DC 20503, marked ''Attention:
Desk Officer for EPA.'' Include the ICR number in any correspondence.
The final rule will respond to any OMB or public comments on the
information collection requirements contained in this proposal.

VII. Request for Data

EPA requests the following data to help refine the RIA:
(1) Waste Quantity Burned: data on hazardous and non-hazardous
waste burned at on-site facilities (by combustion unit) broken down by
quantity of liquids, sludges, and solids.
(2) Price Data: Aggregate prices by waste type and how they vary by
geographic region and waste contamination level.
(3) Combustion Alternatives:

--Information on likelihood of on-site incinerators shipping waste to
on-site boilers as an alternative.
--Realistic waste minimization practices. Information on how combustion
and waste minimization prices become attractive.
--Information on the type of commercial incinerator most likely to
receive waste from on-site facilities to ship waste off-site.

(4) Capacity: practical capacity levels for each combustion unit.

[[Page 17481]]

Appendix--Comparable Fuel Constituent and Physical Specifications

Note: All numbers in the tables of this appendix are expressed
to two significant figures.

Table 1.--Detection and Detection Limit Values for a Possible Gasoline Specification
----------------------------------------------------------------------------------------------------------------
Concentration Maximum
Chemical name limit (mg/kg at detection limit
10,000 BTU/lb) (mg/kg)
----------------------------------------------------------------------------------------------------------------
Total Nitrogen as N......................................................... 9.2 ................
Total Halogens as Cl........................................................ 25 ................
Antimony.................................................................... (\1\) 7.0
Arsenic..................................................................... (\1\) 0.14
Barium...................................................................... (\1\) 14
Beryllium................................................................... (\1\) 0.70
Cadmium..................................................................... (\1\) 0.70
Chromium.................................................................... (\1\) 1.4
Cobalt...................................................................... (\1\) 2.8
Lead........................................................................ (\1\) 7.0
Manganese................................................................... (\1\) 0.70
Mercury..................................................................... (\1\) 0.10
Nickel...................................................................... (\1\) 2.8
Selenium.................................................................... (\1\) 0.14
Silver...................................................................... (\1\) 1.4
Thallium.................................................................... (\1\) 14
-Naphthylamine..................................................... (\1\) 670
,-Dimethylphenethylamine.................................. (\1\) 670
ß-Naphthylamine..................................................... (\1\) 670
1,1-Dichloroethylene........................................................ (\1\) 34
1,1,2-Trichloroethane....................................................... (\1\) 34
1,1,2,2-Tetrachloroethane................................................... (\1\) 34
1,2-Dibromo-3-chloropropane................................................. (\1\) 34
1,2-Dichloroethylene (cis- or trans-)....................................... (\1\) 34
1,2,3-Trichloropropane...................................................... (\1\) 34
1,2,4-Trichlorobenzene...................................................... (\1\) 670
1,2,4,5-Tetrachlorobenzene.................................................. (\1\) 670
1,3,5-Trinitrobenzene....................................................... (\1\) 670
1,4-Dichloro-2-butene (cis- or trans-)...................................... (\1\) 34
1,4-Naphthoquinone.......................................................... (\1\) 670
2-Acetylaminofluorene....................................................... (\1\) 670
2-Chloroethyl vinyl ether................................................... (\1\) 34
2-Chloronaphthalene......................................................... (\1\) 670
2-Chlorophenol.............................................................. (\1\) 670
2-Piccoline................................................................. (\1\) 670
2,3,4,6-Tetrachlorophenol................................................... (\1\) 670
2,4-Dichlorophenol.......................................................... (\1\) 670
2,4-Dimethylphenol.......................................................... (\1\) 670
2,4-Dinitrophenol........................................................... (\1\) 670
2,4-Dinitrotoluene.......................................................... (\1\) 670
2,4,5-Trichlorophenol....................................................... (\1\) 670
2,4,6-Trichlorophenol....................................................... (\1\) 670
2,6-Dichlorophenol.......................................................... (\1\) 670
2,6-Dinitrotoluene.......................................................... (\1\) 670
3-3-Dimethylbenzidine....................................................... (\1\) 670
3-Methylcholanthrene........................................................ (\1\) 670
3,3-Dichlorobenzidine....................................................... (\1\) 670
4-Aminobiphenyl............................................................. (\1\) 670
4-Bromophenyl phenyl ether.................................................. (\1\) 670
4,6-Dinitro-o-cresol........................................................ (\1\) 670
5-Nitro-o-toluidine......................................................... (\1\) 670
7,12-Dimethylbenz[a]anthracene.............................................. (\1\) 670
Acetonitrile................................................................ (\1\) 34
Acetophenone................................................................ (\1\) 670
Acrolein.................................................................... (\1\) 34
Acrylonitrile............................................................... (\1\) 34
Allyl chloride.............................................................. (\1\) 34
Aniline..................................................................... (\1\) 670
Aramite..................................................................... (\1\) 670
Benzene..................................................................... 3500 ................
Benzidine................................................................... (\1\) 670
Benzo [a] anthracene........................................................ 340
Benzo [a] pyrene............................................................ 340
Benzo [b] fluoranthene...................................................... (\1\) 670
Benzo [k] fluoranthene...................................................... (\1\) 670
Bromoform................................................................... (\1\) 34
Butyl benzyl phthalate...................................................... (\1\) 670

[[Page 17482]]

Carbon disulfide............................................................ (\1\) 34
Carbon tetrachloride........................................................ (\1\) 34
Chlorobenzene............................................................... (\1\) 34
Chlorobenzilate............................................................. (\1\) 670
Chloroform.................................................................. (\1\) 34
Chloroprene................................................................. (\1\) 34
Chrysene.................................................................... 340 ................
cis-1,3-Dichloropropene..................................................... (\1\) 34
Cresol (o-, m-, or p-)...................................................... (\1\) 670
Di-n-butyl phthalate........................................................ (\1\) 670
Di-n-octyl phthalate........................................................ 340 ................
Diallate.................................................................... (\1\) 670
Dibenzo [a,h] anthracene.................................................... 340
Dibenz [a,j] acridine....................................................... (\1\) 670
Dichlorodifluoromethane..................................................... (\1\) 34
Diethyl phthalate........................................................... (\1\) 670
Dimethoate.................................................................. (\1\) 670
Dimethyl phthalate.......................................................... (\1\) 670
Dinoseb..................................................................... (\1\) 670
Diphenylamine............................................................... (\1\) 670
Disulfoton.................................................................. (\1\) 670
Ethyl methacrylate.......................................................... (\1\) 34
Ethyl methanesulfonate...................................................... (\1\) 670
Famphur..................................................................... (\1\) 670
Fluoranthene................................................................ (\1\) 670
Fluorene.................................................................... (\1\) 670
Hexachlorobenzene........................................................... (\1\) 670
Hexachlorobutadiene......................................................... (\1\) 670
Hexachlorocyclopentadiene................................................... (\1\) 670
Hexachloroethane............................................................ (\1\) 670
Hexachlorophene............................................................. (\1\) 17000
Hexachloropropene........................................................... (\1\) 670
Indeno(1,2,3-cd) pyrene..................................................... (\1\) 670
Isobutyl alcohol............................................................ (\1\) 34
Isodrin..................................................................... (\1\) 670
Isosafrole.................................................................. (\1\) 670
Kepone...................................................................... (\1\) 1300
m-Dichlorobenzene........................................................... (\1\) 670
Methacrylonitrile........................................................... (\1\) 34
Methapyrilene............................................................... (\1\) 670
Methyl bromide.............................................................. (\1\) 34
Methyl chloride............................................................. (\1\) 34
Methyl ethyl ketone......................................................... (\1\) 34
Methyl iodide............................................................... (\1\) 34
Methyl methacrylate......................................................... (\1\) 34
Methyl methanesulfonate..................................................... (\1\) 670
Methyl parathion............................................................ (\1\) 670
Methylene chloride.......................................................... (\1\) 34
N-Nitrosodi-n-butylamine.................................................... (\1\) 670
N-Nitrosodiethylamine....................................................... (\1\) 670
N-Nitrosomethylethylamine................................................... (\1\) 670
N-Nitrosomorpholine......................................................... (\1\) 670
N-Nitrosopiperidine......................................................... (\1\) 670
N-Nitrosopyrrolidine........................................................ (\1\) 670
Naphthalene................................................................. 2800 ................
Nitrobenzene................................................................ (\1\) 670
o-Dichlorobenzene........................................................... (\1\) 670
o-Toluidine................................................................. (\1\) 670
O,O-Diethyl O-pyrazinyl phospho- thioate.................................... (\1\) 670
O,O,O-Triethyl phosphorothionate............................................ (\1\) 670
p-(Dimethylamino) azobenzene................................................ (\1\) 670
p-Chloro-m-cresol........................................................... (\1\) 670
p-Chloroaniline............................................................. (\1\) 670
p-Dichlorobenzene........................................................... (\1\) 670
p-Nitroaniline.............................................................. (\1\) 670
p-Nitrophenol............................................................... (\1\) 670
p-Phenylenediamine.......................................................... (\1\) 670
Parathion................................................................... (\1\) 670
Pentachlorobenzene.......................................................... (\1\) 670
Pentachloroethane........................................................... (\1\) 34

[[Page 17483]]

Pentachloronitrobenzene..................................................... (\1\) 670
Pentachlorophenol........................................................... (\1\) 670
Phenacetin.................................................................. (\1\) 670
Phenol...................................................................... (\1\) 670
Phorate..................................................................... (\1\) 670
Pronamide................................................................... (\1\) 670
Pyridine.................................................................... (\1\) 670
Safrole..................................................................... (\1\) 670
Tetrachloroethylene......................................................... (\1\) 34
Tetraethyldithiopyrophosphate............................................... (\1\) 670
Toluene..................................................................... 35000 ................
Trichloroethylene........................................................... (\1\) 34
Trichlorofluoromethane...................................................... (\1\) 34
Vinyl Chloride.............................................................. (\1\) 34
----------------------------------------------------------------------------------------------------------------
\1\ Non-detect.

Table 2.--Detection and Detection Limit Values for a Possible Number 2 Fuel Oil Specification
----------------------------------------------------------------------------------------------------------------
Concentration Maximum
Chemical name limit (mg/kg at detection limits
10,000 BTU/lb) (mg/kg)
----------------------------------------------------------------------------------------------------------------
Total Nitrogen as N.......................................................... 110 ................
Total Halogens as Cl......................................................... 25 ................
Antimony..................................................................... (\1\) 6.0
Arsenic...................................................................... (\1\) 0.12
Barium....................................................................... (\1\) 12
Beryllium.................................................................... (\1\) 0.60
Cadmium...................................................................... (\1\) 0.60
Chromium..................................................................... (\1\) 1.2
Cobalt....................................................................... (\1\) 2.4
Lead......................................................................... 6.6 ................
Manganese.................................................................... (\1\) 0.60
Mercury...................................................................... (\1\) 0.11
Nickel....................................................................... (\1\) 2.4
Selenium..................................................................... 0.070 ................
Silver....................................................................... (\1\) 1.2
Thallium..................................................................... (\1\) 12
-Naphthylamine...................................................... (\1\) 1200
,-Dimethylphenethylamine................................... (\1\) 1200
ß-Naphthylamine...................................................... (\1\) 1200
1,1-Dichloroethylene......................................................... (\1\) 34
1,1,2-Trichloroethane........................................................ (\1\) 34
1,1,2,2-Tetrachloroethane.................................................... (\1\) 34
1,2-Dibromo-3-chloropropane.................................................. (\1\) 34
1,2-Dichloroethylene (cis- or trans-)........................................ (\1\) 34
1,2,3-Trichloropropane....................................................... (\1\) 34
1,2,4-Trichlorobenzene....................................................... (\1\) 1200
1,2,4,5-Tetrachlorobenzene................................................... (\1\) 1200
1,3,5-Trinitrobenzene........................................................ (\1\) 1200
1,4-Dichloro-2-butene (cis- or trans-)....................................... (\1\) 34
1,4-Naphthoquinone........................................................... (\1\) 1200
2-Acetylaminofluorene........................................................ (\1\) 1200
2-Chloroethyl vinyl ether.................................................... (\1\) 34
2-Chloronaphthalene.......................................................... (\1\) 1200
2-Chlorophenol............................................................... (\1\) 1200
2-Piccoline.................................................................. (\1\) 1200
2,3,4,6-Tetrachlorophenol.................................................... (\1\) 1200
2,4-Dichlorophenol........................................................... (\1\) 1200
2,4-Dimethylphenol........................................................... (\1\) 1200
2,4-Dinitrophenol............................................................ (\1\) 1200
2,4-Dinitrotoluene........................................................... (\1\) 1200
2,4,5-Trichlorophenol........................................................ (\1\) 1200
2,4,6-Trichlorophenol........................................................ (\1\) 1200
2,6-Dichlorophenol........................................................... (\1\) 1200
2,6-Dinitrotoluene........................................................... (\1\) 1200
3-3-Dimethylbenzidine........................................................ (\1\) 1200
3-Methylcholanthrene......................................................... (\1\) 1200
3,3-Dichlorobenzidine........................................................ (\1\) 1200

[[Page 17484]]

4-Aminobiphenyl.............................................................. (\1\) 1200
4-Bromophenyl phenyl ether................................................... (\1\) 1200
4,6-Dinitro-o-cresol......................................................... (\1\) 1200
5-Nitro-o-toluidine.......................................................... (\1\) 1200
7,12-Dimethylbenz[a]anthracene............................................... (\1\) 1200
Acetonitrile................................................................. (\1\) 34
Acetophenone................................................................. (\1\) 1200
Acrolein..................................................................... (\1\) 34
Acrylonitrile................................................................ (\1\) 34
Allyl chloride............................................................... (\1\) 34
Aniline...................................................................... (\1\) 1200
Aramite...................................................................... (\1\) 1200
Benzene...................................................................... 21 ................
Benzidine.................................................................... (\1\) 1200
Benzo[a]anthracene........................................................... 610 ................
Benzo[a]pyrene............................................................... 610 ................
Benzo[b]fluoranthene......................................................... (\1\) 1200
Benzo[k]fluoranthene......................................................... (\1\) 1200
Bromoform.................................................................... (\1\) 34
Butyl benzyl phthalate....................................................... (\1\) 1200
Carbon disulfide............................................................. (\1\) 34
Carbon tetrachloride......................................................... (\1\) 34
Chlorobenzene................................................................ (\1\) 34
Chlorobenzilate.............................................................. (\1\) 1200
Chloroform................................................................... (\1\) 34
Chloroprene.................................................................. (\1\) 34
Chrysene..................................................................... 610 ................
cis-1,3-Dichloropropene...................................................... (\1\) 34
Cresol (o-, n-, or p-)....................................................... (\1\) 1200
Di-n-butyl phthalate......................................................... (\1\) 1200
Di-n-octyl phthalate......................................................... 610 ................
Diallate..................................................................... (\1\) 1200
Dibenzo[a,h]anthracene....................................................... 610 ................
Dibenz[a,j]acridine.......................................................... (\1\) 1200
Dichlorodifluoromethane...................................................... (\1\) 34
Diethyl phthalate............................................................ (\1\) 1200
Dimethoate................................................................... (\1\) 1200
Dimethyl phthalate........................................................... (\1\) 1200
Dinoseb...................................................................... (\1\) 1200
Diphenylamine................................................................ (\1\) 1200
Disulfoton................................................................... (\1\) 1200
Ethyl methacrylate........................................................... (\1\) 34
Ethyl methanesulfonate....................................................... (\1\) 1200
Famphur...................................................................... (\1\) 1200
Fluoranthene................................................................. (\1\) 1200
Fluorene..................................................................... (\1\) 1200
Hexachlorobenzene............................................................ (\1\) 1200
Hexachlorobutadiene.......................................................... (\1\) 1200
Hexachlorocyclopentadiene.................................................... (\1\) 1200
Hexachloroethane............................................................. (\1\) 1200
Hexachlorophene.............................................................. (\1\) 29000
Hexachloropropene............................................................ (\1\) 1200
Indeno(1,2,3-cd)pyrene....................................................... (\1\) 1200
Isobutyl alcohol............................................................. (\1\) 34
Isodrin...................................................................... (\1\) 1200
Isosafrole................................................................... (\1\) 1200
Kepone....................................................................... (\1\) 2300
m-Dichlorobenzene............................................................ (\1\) 1200
Methacrylonitrile............................................................ (\1\) 34
Methapyrilene................................................................ (\1\) 1200
Methyl bromide............................................................... (\1\) 34
Methyl chloride.............................................................. (\1\) 34
Methyl ethyl ketone.......................................................... (\1\) 34
Methyl iodide................................................................ (\1\) 34
Methyl methacrylate.......................................................... (\1\) 34
Methyl methanesulfonate...................................................... (\1\) 1200
Methyl parathion............................................................. (\1\) 1200
Methylene chloride........................................................... (\1\) 34
N-Nitrosodi-n-butylamine..................................................... (\1\) 1200
N-Nitrosomorpholine.......................................................... (\1\) 1200

[[Page 17485]]

N-Nitrosopiperidine.......................................................... (\1\) 1200
N-Nitrosopyrrolidine......................................................... (\1\) 1200
N-Nitrosodiethylamine........................................................ (\1\) 1200
N-Nitrosomethylethylamine.................................................... (\1\) 1200
Naphthalene.................................................................. 1200 ................
Nitrobenzene................................................................. (\1\) 1200
o-Dichlorobenzene............................................................ (\1\) 1200
o-Toluidine.................................................................. (\1\) 1200
O,O Diethyl O-pyrazinyl phospho-thioate...................................... (\1\) 1200
O,O,O-Triethyl phosphorothionate............................................. (\1\) 1200
p-(Dimethylamino) azobenzene................................................. (\1\) 1200
p-Chloro-m-cresol............................................................ (\1\) 1200
p-Chloroaniline.............................................................. (\1\) 1200
p-Dichlorobenzene............................................................ (\1\) 1200
p-Nitroaniline............................................................... (\1\) 1200
p-Nitrophenol................................................................ (\1\) 1200
p-Phenylenediamine........................................................... (\1\) 1200
Parathion.................................................................... (\1\) 1200
Pentachlorobenzene........................................................... (\1\) 1200
Pentachloroethane............................................................ (\1\) 34
Pentachloronitrobenzene...................................................... (\1\) 1200
Pentachlorophenol............................................................ (\1\) 1200
Phenacetin................................................................... (\1\) 1200
Phenol....................................................................... (\1\) 1200
Phorate...................................................................... (\1\) 1200
Pronamide.................................................................... (\1\) 1200
Pyridine..................................................................... (\1\) 1200
Safrole...................................................................... (\1\) 1200
Tetrachloroethylene.......................................................... (\1\) 34
Tetraethyldithiopyrophosphate................................................ (\1\) 1200
Toluene...................................................................... 150 ................
Trichloroethylene............................................................ (\1\) 34
Trichlorofluoromethane....................................................... (\1\) 34
Vinyl Chloride............................................................... (\1\) 34
----------------------------------------------------------------------------------------------------------------
\1\ Non-detect.

Table 3.--Detection and Detection Limit Values for a Possible Number 4 Fuel Oil Specification
----------------------------------------------------------------------------------------------------------------
Concentration Maximum
Chemical name limit (mg/kg at detection limits
10,000 BTU/lb) (mg/kg)
----------------------------------------------------------------------------------------------------------------
Total Nitrogen as N......................................................... 1500 ................
Total Halogens as Cl........................................................ 10 ................
Antimony.................................................................... (\1\) 11
Arsenic..................................................................... (\1\) 0.23
Barium...................................................................... (\1\) 23
Beryllium................................................................... (\1\) 1.1
Cadmium..................................................................... (\1\) 1.1
Chromium.................................................................... (\1\) 2.3
Cobalt...................................................................... (\1\) 4.6
Lead........................................................................ 9.9 ................
Manganese................................................................... (\1\) 1.1
Mercury..................................................................... (\1\) 0.18
Nickel...................................................................... 16 ................
Selenium.................................................................... 0.13 ................
Silver...................................................................... (\1\) 2.3
Thallium.................................................................... (\1\) 23
-Naphthylamine..................................................... (\1\) 200
,-Dimethylphenethylamine.................................. (\1\) 200
ß-Naphthylamine..................................................... (\1\) 200
1,1-Dichloroethylene........................................................ (\1\) 17
1,1,2-Trichloroethane....................................................... (\1\) 17
1,1,2,2-Tetrachloroethane................................................... (\1\) 17
1,2-Dibromo-3-chloropropane................................................. (\1\) 17
1,2-Dichloroethylene (cis- or trans-)....................................... (\1\) 17
1,2,3-Trichloropropane...................................................... (\1\) 17
1,2,4-Trichlorobenzene...................................................... (\1\) 200
1,2,4,5-Tetrachlorobenzene.................................................. (\1\) 200

[[Page 17486]]

1,3,5-Trinitrobenzene....................................................... (\1\) 200
1,4-Dichloro-2-butene (cis- or trans-)...................................... (\1\) 17
1,4-Naphthoquinone.......................................................... (\1\) 200
2-Acetylaminofluorene....................................................... (\1\) 200
2-Chloroethyl vinyl ether................................................... (\1\) 17
2-Chloronaphthalene......................................................... (\1\) 200
2-Chlorophenol.............................................................. (\1\) 200
2-Piccoline................................................................. (\1\) 200
2,3,4,6-Tetrachlorophenol................................................... (\1\) 200
2,4-Dichlorophenol.......................................................... (\1\) 200
2,4-Dimethylphenol.......................................................... (\1\) 200
2,4-Dinitrophenol........................................................... (\1\) 200
2,4-Dinitrotoluene.......................................................... (\1\) 200
2,4,5-Trichlorophenol....................................................... (\1\) 200
2,4,6-Trichlorophenol....................................................... (\1\) 200
2,6-Dichlorophenol.......................................................... (\1\) 200
2,6-Dinitrotoluene.......................................................... (\1\) 200
3-3-Dimethylbenzidine....................................................... (\1\) 200
3-Methylcholanthrene........................................................ (\1\) 200
3,3-Dichlorobenzidine....................................................... (\1\) 200
4-Aminobiphenyl............................................................. (\1\) 200
4-Bromophenyl phenyl ether.................................................. (\1\) 200
4,6-Dinitro-o-cresol........................................................ (\1\) 200
5-Nitro-o-toluidine......................................................... (\1\) 200
7,12-Dimethylbenz[a]anthracene.............................................. (\1\) 200
Acetonitrile................................................................ (\1\) 17
Acetophenone................................................................ (\1\) 200
Acrolein.................................................................... (\1\) 17
Acrylonitrile............................................................... (\1\) 17
Allyl chloride.............................................................. (\1\) 17
Aniline..................................................................... (\1\) 200
Aramite..................................................................... (\1\) 200
Benzene..................................................................... 22
Benzidine................................................................... (\1\) 200
Benzo[a]anthracene.......................................................... 100
Benzo[a]pyrene.............................................................. 100
Benzo[b]fluoranthene........................................................ (\1\) 200
Benzo[k]fluoranthene........................................................ (\1\) 200
Bromoform................................................................... (\1\) 17
Butyl benzyl phthalate...................................................... (\1\) 200
Carbon disulfide............................................................ (\1\) 17
Carbon tetrachloride........................................................ (\1\) 17
Chlorobenzene............................................................... (\1\) 17
Chlorobenzilate............................................................. (\1\) 200
Chloroform.................................................................. (\1\) 17
Chloroprene................................................................. (\1\) 17
Chrysene.................................................................... 100
cis-1,3-Dichloropropene..................................................... (\1\) 17
Cresol (o-, m-, or p-)...................................................... (\1\) 200
Di-n-butyl phthalate........................................................ (\1\) 200
Di-n-octyl phthalate........................................................ 100
Diallate.................................................................... (\1\) 200
Dibenzo[a,h]anthracene...................................................... 100
Dibenz[a,j]acridine......................................................... (\1\) 200
Dichlorodifluoromethane..................................................... (\1\) 17
Diethyl phthalate........................................................... (\1\) 200
Dimethoate.................................................................. (\1\) 200
Dimethyl phthalate.......................................................... (\1\) 200
Dinoseb..................................................................... (\1\) 200
Diphenylamine............................................................... (\1\) 200
Disulfoton.................................................................. (\1\) 200
Ethyl methacrylate.......................................................... (\1\) 17
Ethyl methanesulfonate...................................................... (\1\) 200
Famphur..................................................................... (\1\) 200
Fluoranthene................................................................ (\1\) 200
Fluorene.................................................................... 110
Hexachlorobenzene........................................................... (\1\) 200
Hexachlorobutadiene......................................................... (\1\) 200
Hexachlorocyclopentadiene................................................... (\1\) 200
Hexachloroethane............................................................ (\1\) 200

[[Page 17487]]

Hexachlorophene............................................................. (\1\) 5000
Hexachloropropene........................................................... (\1\) 200
Indeno(1,2,3-cd)pyrene...................................................... (\1\) 200
Isobutyl alcohol............................................................ (\1\) 17
Isodrin..................................................................... (\1\) 200
Isosafrole.................................................................. (\1\) 200
Kepone...................................................................... (\1\) 400
m-Dichlorobenzene........................................................... (\1\) 200
Methacrylonitrile........................................................... (\1\) 17
Methapyrilene............................................................... (\1\) 200
Methyl bromide.............................................................. (\1\) 17
Methyl chloride............................................................. (\1\) 17
Methyl ethyl ketone......................................................... (\1\) 17
Methyl iodide............................................................... (\1\) 17
Methyl methacrylate......................................................... (\1\) 17
Methyl methanesulfonate..................................................... (\1\) 200
Methyl parathion............................................................ (\1\) 200
Methylene chloride.......................................................... (\1\) 17
N-Nitrosodi-n-butylamine.................................................... (\1\) 200
N-Nitrosomethylethylamine................................................... (\1\) 200
N-Nitrosomorpholine......................................................... (\1\) 200
N-Nitrosopiperidine......................................................... (\1\) 200
N-Nitrosopyrrolidine........................................................ (\1\) 200
N-Nitrosodiethylamine....................................................... (\1\) 200
Naphthalene................................................................. 340
Nitrobenzene................................................................ (\1\) 200
o-Dichlorobenzene........................................................... (\1\) 200
o-Toluidine................................................................. (\1\) 200
O,O Diethyl O-pyrazinyl phosphoro- thioate.................................. (\1\) 200
O,O,O-Triethyl phosphorothionate............................................ (\1\) 200
p-(Dimethylamino)azobenzene................................................. (\1\) 200
p-Chloro-m-cresol........................................................... (\1\) 200
p-Chloroaniline............................................................. (\1\) 200
p-Dichlorobenzene........................................................... (\1\) 200
p-Nitroaniline.............................................................. (\1\) 200
p-Nitrophenol............................................................... (\1\) 200
p-Phenylenediamine.......................................................... (\1\) 200
Parathion................................................................... (\1\) 200
Pentachlorobenzene.......................................................... (\1\) 200
Pentachloroethane........................................................... (\1\) 17
Pentachloronitrobenzene..................................................... (\1\) 200
Pentachlorophenol........................................................... (\1\) 200
Phenacetin.................................................................. (\1\) 200
Phenol...................................................................... (\1\) 200
Phorate..................................................................... (\1\) 200
Pronamide................................................................... (\1\) 200
Pyridine.................................................................... (\1\) 200
Safrole..................................................................... (\1\) 200
Tetrachloroethylene......................................................... (\1\) 17
Tetraethyldithiopyrophosphate............................................... (\1\) 200
Toluene..................................................................... 110
Trichloroethylene........................................................... (\1\) 17
Trichlorofluoromethane...................................................... (\1\) 17
Vinyl Chloride.............................................................. (\1\) 17
----------------------------------------------------------------------------------------------------------------
\1\ Non-detect.

Table 4.--Detection and Detection Limit Values for a Possible Number 6 Fuel Oil Specification
----------------------------------------------------------------------------------------------------------------
Concentration Maximum
Chemical name limit (mg/kg at detection level
10,000 BTU/lb) (mg/kg)
----------------------------------------------------------------------------------------------------------------
Total Nitrogen as N......................................................... 3500 ................
Total Halogens as Cl........................................................ 10 ................
Antimony.................................................................... 6.5 ................
Arsenic..................................................................... (\1\) 0.20
Barium...................................................................... (\1\) 20
Beryllium................................................................... (\1\) 1.0
Cadmium..................................................................... (\1\) 1.0

[[Page 17488]]

Chromium.................................................................... (\1\) 2.0
Cobalt...................................................................... (\1\) 4.1
Lead........................................................................ 30 ................
Manganese................................................................... (\1\) 1.0
Mercury..................................................................... (\1\) 0.22
Nickel...................................................................... 36 ................
Selenium.................................................................... 0.12 ................
Silver...................................................................... (\1\) 2.0
Thallium.................................................................... (\1\) 20
-Naphthylamine..................................................... (\1\) 640
,-Dimethylphenethylamine.................................. (\1\) 640
ß-Naphthylamine..................................................... (\1\) 640
1,1-Dichloroethylene........................................................ (\1\) 20
1,1,2-Trichloroethane....................................................... (\1\) 20
1,1,2,2-Tetrachloroethane................................................... (\1\) 20
1,2-Dibromo-3-chloropropane................................................. (\1\) 20
1,2-Dichloroethylene (cis- or trans-)....................................... (\1\) 20
1,2,3-Trichloropropane...................................................... (\1\) 20
1,2,4-Trichlorobenzene...................................................... (\1\) 640
1,2,4,5-Tetrachlorobenzene.................................................. (\1\) 640
1,3,5-Trinitrobenzene....................................................... (\1\) 640
1,4-Dichloro-2-butene (cis- or trans-)...................................... (\1\) 20
1,4-Naphthoquinone.......................................................... (\1\) 640
2-Acetylaminofluorene....................................................... (\1\) 640
2-Chloroethyl vinyl ether................................................... (\1\) 20
2-Chloronaphthalene......................................................... (\1\) 640
2-Chlorophenol.............................................................. (\1\) 640
2-Piccoline................................................................. (\1\) 640
2,3,4,6-Tetrachlorophenol................................................... (\1\) 640
2,4-Dichlorophenol.......................................................... (\1\) 640
2,4-Dimethylphenol.......................................................... (\1\) 640
2,4-Dinitrophenol........................................................... (\1\) 640
2,4-Dinitrotoluene.......................................................... (\1\) 640
2,4,5-Trichlorophenol....................................................... (\1\) 640
2,4,6-Trichlorophenol....................................................... (\1\) 640
2,6-Dichlorophenol.......................................................... (\1\) 640
2,6-Dinitrotoluene.......................................................... (\1\) 640
3-3-Dimethylbenzidine....................................................... (\1\) 640
3-Methylcholanthrene........................................................ (\1\) 640
3,3-Dichlorobenzidine....................................................... (\1\) 640
4-Aminobiphenyl............................................................. (\1\) 640
4-Bromophenyl phenyl ether.................................................. (\1\) 640
4,6-Dinitro-o-cresol........................................................ (\1\) 640
5-Nitro-o-toluidine......................................................... (\1\) 640
7,12-Dimethylbenz[a]anthracene.............................................. (\1\) 640
Acetonitrile................................................................ (\1\) 20
Acetophenone................................................................ (\1\) 640
Acrolein.................................................................... (\1\) 20
Acrylonitrile............................................................... (\1\) 20
Allyl chloride.............................................................. (\1\) 20
Aniline..................................................................... (\1\) 640
Aramite..................................................................... (\1\) 640
Benzene..................................................................... 11 ................
Benzidine................................................................... (\1\) 640
Benzo[a]anthracene.......................................................... 930 ................
Benzo[a]pyrene.............................................................. 530 ................
Benzo[b]fluoranthene........................................................ 420 ................
Benzo[k]fluoranthene........................................................ (\1\) 640
Bromoform................................................................... (\1\) 20
Butyl benzyl phthalate...................................................... (\1\) 640
Carbon disulfide............................................................ (\1\) 20
Carbon tetrachloride........................................................ (\1\) 20
Chlorobenzene............................................................... (\1\) 20
Chlorobenzilate............................................................. (\1\) 640
Chloroform.................................................................. (\1\) 20
Chloroprene................................................................. (\1\) 20
Chrysene.................................................................... 1300 ................
cis-1,3-Dichloropropene..................................................... (\1\) 20
Cresol (o-, m-, p-)......................................................... (\1\) 640
Di-n-butylphthalate......................................................... (\1\) 640

[[Page 17489]]

Di-n-octyl phthalate........................................................ 350 ................
Diallate.................................................................... (\1\) 640
Dibenzo[a,h]anthracene...................................................... 350 ................
Dibenz[a,j]acridine......................................................... (\1\) 640
Dichlorodifluoromethane..................................................... (\1\) 20
Diethyl phthalate........................................................... (\1\) 640
Dimethoate.................................................................. (\1\) 640
Dimethyl phthalate.......................................................... (\1\) 640
Dinoseb..................................................................... (\1\) 640
Diphenylamine............................................................... (\1\) 640
Disulfoton.................................................................. (\1\) 640
Ethyl methacrylate.......................................................... (\1\) 20
Ethyl methanesulfonate...................................................... (\1\) 640
Famphur..................................................................... (\1\) 640
Fluoranthene................................................................ (\1\) 640
Fluorene.................................................................... 350 ................
Hexachlorobenzene........................................................... (\1\) 640
Hexachlorobutadiene......................................................... (\1\) 640
Hexachlorocyclopentadiene................................................... (\1\) 640
Hexachloroethane............................................................ (\1\) 640
Hexachlorophene............................................................. (\1\) 16000
Hexachloropropene........................................................... (\1\) 640
Indeno(1,2,3-cd)pyrene...................................................... 350 ................
Isobutyl alcohol............................................................ (\1\) 20
Isodrin..................................................................... (\1\) 640
Isosafrole.................................................................. (\1\) 640
Kepone...................................................................... (\1\) 1300
m-Dichlorobenzene........................................................... (\1\) 640
Methacrylonitrile........................................................... (\1\) 20
Methapyrilene............................................................... (\1\) 640
Methyl bromide.............................................................. (\1\) 20
Methyl chloride............................................................. (\1\) 20
Methyl ethyl ketone......................................................... (\1\) 20
Methyl iodide............................................................... (\1\) 20
Methyl methacrylate......................................................... (\1\) 20
Methyl methanesulfonate..................................................... (\1\) 640
Methyl parathion............................................................ (\1\) 640
Methylene chloride.......................................................... (\1\) 20
N-Nitrosodi-n-butylamine.................................................... (\1\) 640
N-Nitrosomethylethylamine................................................... (\1\) 640
N-Nitrosomorpholine......................................................... (\1\) 640
N-Nitrosopiperidine......................................................... (\1\) 640
N-Nitrosopyrrolidine........................................................ (\1\) 640
N-Nitrosodiethylamine....................................................... (\1\) 640
Naphthalene................................................................. 570 ................
Nitrobenzene................................................................ (\1\) 640
o-Dichlorobenzene........................................................... (\1\) 640
o-Toluidine................................................................. (\1\) 1300
O,O Diethyl O-pyrazinyl phosphothioate...................................... (\1\) 640
O,O,O-Triethyl phosphorothionate............................................ (\1\) 640
p-(Dimethylamino)azobenzene................................................. (\1\) 640
p-Chloro-m-cresol........................................................... (\1\) 640
p-Chloroaniline............................................................. (\1\) 640
p-Dichlorobenzene........................................................... (\1\) 640
p-Nitroaniline.............................................................. (\1\) 640
p-Nitrophenol............................................................... (\1\) 640
p-Phenylenediamine.......................................................... (\1\) 640
Parathion................................................................... (\1\) 640
Pentachlorobenzene.......................................................... (\1\) 640
Pentachloroethane........................................................... (\1\) 20
Pentachloronitrobenzene..................................................... (\1\) 640
Pentachlorophenol........................................................... (\1\) 640
Phenacetin.................................................................. (\1\) 640
Phenol...................................................................... (\1\) 640
Phorate..................................................................... (\1\) 640
Pronamide................................................................... (\1\) 640
Pyridine.................................................................... (\1\) 640
Safrole..................................................................... (\1\) 640
Tetrachloroethylene......................................................... (\1\) 20
Tetraethyldithiopyrophosphate............................................... (\1\) 640

[[Page 17490]]

Toluene..................................................................... 41 ................
Trichloroethylene........................................................... (\1\) 20
Trichlorofluoromethane...................................................... (\1\) 20
Vinyl Chloride.............................................................. (\1\) 20
----------------------------------------------------------------------------------------------------------------
\1\ Non-detect.

Table 5.--Detection and Detection Limit Values for a Possible Composite Fuel Specification--50th Percentile
Analysis
----------------------------------------------------------------------------------------------------------------
Concentration Maximum
Chemical name limit (mg/kg at detection limits
10,000 BTU/lb) (mg/kg)
----------------------------------------------------------------------------------------------------------------
Total Nitrogen as N.......................................................... 170 ................
Total Halogens as Cl......................................................... 10 ................
Antimony..................................................................... 4.7 ................
Arsenic...................................................................... (\1\) 0.14
Barium....................................................................... (\1\) 18
Beryllium.................................................................... (\1\) 0.90
Cadmium...................................................................... (\1\) 0.90
Chromium..................................................................... (\1\) 1.8
Cobalt....................................................................... (\1\) 3.6
Lead......................................................................... 7.0 ................
Manganese.................................................................... (\1\) 0.90
Mercury...................................................................... (\1\) 0.11
Nickel....................................................................... 2.4 ................
Selenium..................................................................... 0.090 ................
Silver....................................................................... (\1\) 1.8
Thallium..................................................................... (\1\) 18
-Naphthylamine...................................................... (\1\) 220
,-Dimethylphenethylamine................................... (\1\) 220
ß-Naphthylamine...................................................... (\1\) 220
1,1-Dichloroethylene......................................................... (\1\) 17
1,1,2-Trichloroethane........................................................ (\1\) 17
1,1,2,2-Tetrachloroethane.................................................... (\1\) 17
1,2-Dibromo-3-chloropropane.................................................. (\1\) 17
1,2-Dichloroethylene (cis- or trans-)........................................ (\1\) 17
1,2,3-Trichloropropane....................................................... (\1\) 17
1,2,4-Trichlorobenzene....................................................... (\1\) 220
1,2,4,5-Tetrachlorobenzene................................................... (\1\) 220
1,3,5-Trinitrobenzene........................................................ (\1\) 220
1,4-Dichloro-2-butene (cis- or trans-)....................................... (\1\) 17
1,4-Naphthoquinone........................................................... (\1\) 220
2-Acetylaminofluorene........................................................ (\1\) 220
2-Chloroethyl vinyl ether.................................................... (\1\) 17
2-Chloronaphthalene.......................................................... (\1\) 220
2-Chlorophenol............................................................... (\1\) 220
2-Piccoline.................................................................. (\1\) 220
2,3,4,6-Tetrachlorophenol.................................................... (\1\) 220
2,4-Dichlorophenol........................................................... (\1\) 220
2,4-Dimethylphenol........................................................... (\1\) 220
2,4-Dinitrophenol............................................................ (\1\) 220
2,4-Dinitrotoluene........................................................... (\1\) 220
2,4,5-Trichlorophenol........................................................ (\1\) 220
2,4,6-Trichlorophenol........................................................ (\1\) 220
2,6-Dichlorophenol........................................................... (\1\) 220
2,6-Dinitrotoluene........................................................... (\1\) 220
3-3-Dimethylbenzidine........................................................ (\1\) 220
3-Methylcholanthrene......................................................... (\1\) 220
3,3-Dichlorobenzidine........................................................ (\1\) 220
4-Aminobiphenyl.............................................................. (\1\) 220
4-Bromophenyl phenyl ether................................................... (\1\) 220
4,6-Dinitro-o-cresol......................................................... (\1\) 220
5-Nitro-o-toluidine.......................................................... (\1\) 220
7,12-Dimethylbenz[a]anthracene............................................... (\1\) 220
Acetonitrile................................................................. (\1\) 17
Acetophenone................................................................. (\1\) 220
Acrolein..................................................................... (\1\) 17
Acrylonitrile................................................................ (\1\) 17

[[Page 17491]]

Allyl chloride............................................................... (\1\) 17
Aniline...................................................................... (\1\) 220
Aramite...................................................................... (\1\) 220
Benzene...................................................................... 21 ................
Benzidine.................................................................... (\1\) 220
Benzo[a]anthracene........................................................... 140 ................
Benzo[a]pyrene............................................................... 140 ................
Benzo[b]fluoranthene......................................................... 140 ................
Benzo[k]fluoranthene......................................................... (\1\) 220
Bromoform.................................................................... (\1\) 17
Butyl benzyl phthalate....................................................... (\1\) 220
Carbon disulfide............................................................. (\1\) 17
Carbon tetrachloride......................................................... (\1\) 17
Chlorobenzene................................................................ (\1\) 17
Chlorobenzilate.............................................................. (\1\) 220
Chloroform................................................................... (\1\) 17
Chloroprene.................................................................. (\1\) 17
Chrysene..................................................................... 140 ................
cis-1,3-Dichloropropene...................................................... (\1\) 17
Cresol (o-, n-, or p-)....................................................... (\1\) 220
Di-n-butyl phthalate......................................................... (\1\) 220
Di-n-octyl phthalate......................................................... 120 ................
Diallate..................................................................... (\1\) 220
Dibenzo[a,h]anthracene....................................................... 140 ................
Dibenz[a,j]acridine.......................................................... (\1\) 220
Dichlorodifluoromethane...................................................... (\1\) 17
Diethyl phthalate............................................................ (\1\) 220
Dimethoate................................................................... (\1\) 220
Dimethyl phthalate........................................................... (\1\) 220
Dinoseb...................................................................... (\1\) 220
Diphenylamine................................................................ (\1\) 220
Disulfoton................................................................... (\1\) 220
Ethyl methacrylate........................................................... (\1\) 17
Ethyl methanesulfonate....................................................... (\1\) 220
Famphur...................................................................... (\1\) 220
Fluoranthene................................................................. (\1\) 220
Fluorene..................................................................... 120 ................
Hexachlorobenzene............................................................ (\1\) 220
Hexachlorobutadiene.......................................................... (\1\) 220
Hexachlorocyclopentadiene.................................................... (\1\) 220
Hexachloroethane............................................................. (\1\) 220
Hexachlorophene.............................................................. (\1\) 5500
Hexachloropropene............................................................ (\1\) 220
Indeno(1,2,3-cd)pyrene....................................................... 140 ................
Isobutyl alcohol............................................................. (\1\) 17
Isodrin...................................................................... (\1\) 220
Isosafrole................................................................... (\1\) 220
Kepone....................................................................... (\1\) 440
m-Dichlorobenzene............................................................ (\1\) 220
Methacrylonitrile............................................................ (\1\) 17
Methapyrilene................................................................ (\1\) 220
Methyl bromide............................................................... (\1\) 17
Methyl chloride.............................................................. (\1\) 17
Methyl ethyl ketone.......................................................... (\1\) 17
Methyl iodide................................................................ (\1\) 17
Methyl methacrylate.......................................................... (\1\) 17
Methyl methanesulfonate...................................................... (\1\) 220
Methyl parathion............................................................. (\1\) 220
Methylene chloride........................................................... (\1\) 17
N-Nitrosodi-n-butylamine..................................................... (\1\) 220
N-Nitrosomethylethylamine.................................................... (\1\) 220
N-Nitrosomorpholine.......................................................... (\1\) 220
N-Nitrosopiperidine.......................................................... (\1\) 220
N-Nitrosopyrrolidine......................................................... (\1\) 220
N-Nitrosodiethylamine........................................................ (\1\) 220
Naphthalene.................................................................. 360 ................
Nitrobenzene................................................................. (\1\) 220
o-Dichlorobenzene............................................................ (\1\) 220
o-Toluidine.................................................................. (\1\) 270

[[Page 17492]]

O,O-Diethyl O-pyrazinyl phosphothioate....................................... (\1\) 220
O,O,O-Triethyl phosphorothinoate............................................. (\1\) 220
p-(Dimethylamino) azobenzene................................................. (\1\) 220
p-Chloro-m-cresol............................................................ (\1\) 220
p-Chloroaniline.............................................................. (\1\) 220
p-Dichlorobenzene............................................................ (\1\) 220
p-Nitroaniline............................................................... (\1\) 220
p-Nitrophenol................................................................ (\1\) 220
p-Phenylenediamine........................................................... (\1\) 220
Parathion.................................................................... (\1\) 220
Pentachlorobenzene........................................................... (\1\) 220
Pentachloroethane............................................................ (\1\) 17
Pentachloronitrobenzene...................................................... (\1\) 220
Pentachlorophenol............................................................ (\1\) 220
Phenacetin................................................................... (\1\) 220
Phenol....................................................................... (\1\) 220
Phorate...................................................................... (\1\) 220
Pronamide.................................................................... (\1\) 220
Pyridine..................................................................... (\1\) 220
Safrole...................................................................... (\1\) 220
Tetrachloroethylene.......................................................... (\1\) 17
Tetraethyldithiopyrophosphate................................................ (\1\) 220
Toluene...................................................................... 110 ................
Trichloroethylene............................................................ (\1\) 17
Trichlorofluoromethane....................................................... (\1\) 17
Vinyl Chloride............................................................... (\1\) 17
----------------------------------------------------------------------------------------------------------------
\1\ Non-detect.

Table 6.--Detection and Detection Limit Values for a Possible Composite Fuel Specification--90th Percentile
Analysis
----------------------------------------------------------------------------------------------------------------
Concentration Maximum
Chemical name limit (mg/kg at detection limit
10,000 BTU/lb) (mg/kg)
----------------------------------------------------------------------------------------------------------------
Total Nitrogen as N......................................................... 1800 ................
Total Halogens as Cl........................................................ 25 ................
Antimony.................................................................... 5.8 ................
Arsenic..................................................................... (\1\) 0.22
Barium...................................................................... (\1\) 22
Beryllium................................................................... (\1\) 1.1
Cadmium..................................................................... (\1\) 1.1
Chromium.................................................................... (\1\) 2.2
Cobalt...................................................................... (\1\) 4.4
Lead........................................................................ 22 ................
Manganese................................................................... (\1\) 1.1
Mercury..................................................................... (\1\) 0.18
Nickel...................................................................... 18 ................
Selenium.................................................................... 0.12 ................
Silver...................................................................... (\1\) 2.2
Thallium.................................................................... (\1\) 22
-Naphthylamine..................................................... (\1\) 700
,-Dimethylphenethylamine.................................. (\1\) 700
ß-Naphthylamine..................................................... (\1\) 700
1,1-Dichloroethylene........................................................ (\1\) 34
1,1,2-Trichloroethane....................................................... (\1\) 34
1,1,2,2-Tetrachloroethane................................................... (\1\) 34
1,2-Dibromo-3-chloropropane................................................. (\1\) 34
1,2-Dichloroethylene (cis- or trans-)....................................... (\1\) 34
1,2,3-Trichloropropane...................................................... (\1\) 34
1,2,4-Trichlorobenzene...................................................... (\1\) 700
1,2,4,5-Tetrachlorobenzene.................................................. (\1\) 700
1,3,5-Trinitrobenzene....................................................... (\1\) 900
1,4-Dichloro-2-butene (cis- or trans-)...................................... (\1\) 34
1,4-Naphthoquinone.......................................................... (\1\) 700
2-Acetylaminofluorene....................................................... (\1\) 700
2-Chloroethyl vinyl ether................................................... (\1\) 34
2-Chloronaphthalene......................................................... (\1\) 700

[[Page 17493]]

2-Chlorophenol.............................................................. (\1\) 700
2-Piccoline................................................................. (\1\) 700
2,3,4,6-Tetrachlorophenol................................................... (\1\) 700
2,4-Dichlorophenol.......................................................... (\1\) 700
2,4-Dimethylphenol.......................................................... (\1\) 700
2,4-Dinitrophenol........................................................... (\1\) 700
2,4-Dinitrotoluene.......................................................... (\1\) 700
2,4,5-Trichlorophenol....................................................... (\1\) 700
2,4,6-Trichlorophenol....................................................... (\1\) 700
2,6-Dichlorophenol.......................................................... (\1\) 700
2,6-Dinitrotoluene.......................................................... (\1\) 700
3-3-Dimethylbenzidine....................................................... (\1\) 700
3-Methylcholanthrene........................................................ (\1\) 700
3,3-Dichlorobenzidine....................................................... (\1\) 700
4-Aminobiphenyl............................................................. (\1\) 700
4-Bromophenyl phenyl ether.................................................. (\1\) 700
4,6-Dinitro-o-cresol........................................................ (\1\) 700
5-Nitro-o-toluidine......................................................... (\1\) 700
7,12-Dimethylbenz[a]anthracene.............................................. (\1\) 700
Acetonitrile................................................................ (\1\) 34
Acetophenone................................................................ (\1\) 700
Acrolein.................................................................... (\1\) 34
Acrylonitrile............................................................... (\1\) 34
Allyl chloride.............................................................. (\1\) 34
Aniline..................................................................... (\1\) 700
Aramite..................................................................... (\1\) 700
Benzene..................................................................... 3300 ................
Benzidine................................................................... (\1\) 700
Benzo[a]anthracene.......................................................... 610 ................
Benzo[a]pyrene.............................................................. 530 ................
Benzo[b]fluoranthene........................................................ 390 ................
Benzo[k]fluoranthene........................................................ (\1\) 700
Bromoform................................................................... (\1\) 34
Butyl benzyl phthalate...................................................... (\1\) 700
Carbon disulfide............................................................ (\1\) 34
Carbon tetrachloride........................................................ (\1\) 34
Chlorobenzene............................................................... (\1\) 34
Chlorobenzilate............................................................. (\1\) 700
Chloroform.................................................................. (\1\) 34
Chloroprene................................................................. (\1\) 34
Chrysene.................................................................... 610 ................
cis-1,3-Dichloropropene..................................................... (\1\) 34
Cresol (o-, n-, or p-)...................................................... (\1\) 700
Di-n-butyl phthalate........................................................ (\1\) 700
Di-n-octyl phthalate........................................................ 360 ................
Diallate.................................................................... (\1\) 700
Dibenzo[a,h]anthracene...................................................... 360 ................
Dibenz[a,j]acridine......................................................... (\1\) 700
Dichlorodifluoromethane..................................................... (\1\) 34
Diethyl phthalate........................................................... (\1\) 700
Dimethoate.................................................................. (\1\) 700
Dimethyl phthalate.......................................................... (\1\) 700
Dinoseb..................................................................... (\1\) 700
Diphenylamine............................................................... (\1\) 700
Disulfoton.................................................................. (\1\) 700
Ethyl methacrylate.......................................................... (\1\) 34
Ethyl methanesulfonate...................................................... (\1\) 700
Famphur..................................................................... (\1\) 700
Fluoranthene................................................................ (\1\) 700
Fluorene.................................................................... 360 ................
Hexachlorobenzene........................................................... (\1\) 700
Hexachlorobutadiene......................................................... (\1\) 700
Hexachlorocyclopentadiene................................................... (\1\) 700
Hexachloroethane............................................................ (\1\) 700
Hexachlorophene............................................................. (\1\) 18000
Hexachloropropene........................................................... (\1\) 700
Indeno(1,2,3-cd)pyrene...................................................... 360 ................
Isobutyl alcohol............................................................ (\1\) 34
Isodrin..................................................................... (\1\) 700

[[Page 17494]]

Isosafrole.................................................................. (\1\) 700
Kepone...................................................................... (\1\) 1400
m-Dichlorobenzene........................................................... (\1\) 700
Methacrylonitrile........................................................... (\1\) 34
Methapyrilene............................................................... (\1\) 700
Methyl bromide.............................................................. (\1\) 34
Methyl chloride............................................................. (\1\) 34
Methyl ethyl ketone......................................................... (\1\) 34
Methyl iodide............................................................... (\1\) 34
Methyl methacrylate......................................................... (\1\) 34
Methyl methanesulfonate..................................................... (\1\) 700
Methyl parathion............................................................ (\1\) 700
Methylene chloride.......................................................... (\1\) 34
N-Nitrosodi-n-butylamine.................................................... (\1\) 700
N-Nitrosomethylethylamine................................................... (\1\) 700
N-Nitrosomorpholine......................................................... (\1\) 700
N-Nitrosopiperidine......................................................... (\1\) 700
N-Nitrosopyrrolidine........................................................ (\1\) 700
N-Nitrosodiethylamine....................................................... (\1\) 700
Naphthalene................................................................. 1300 ................
Nitrobenzene................................................................ (\1\) 700
o-Dichlorobenzene........................................................... (\1\) 700
o-Toluidine................................................................. (\1\) 1000
O,O-Diethyl O-pyrazinyl phophorothioate..................................... (\1\) 700
O,O,O-Triethyl phosphorothionate............................................ (\1\) 700
p-(Dimethylamino)azobenzene................................................. (\1\) 700
p-Chloro-m-cresol........................................................... (\1\) 700
p-Chloroaniline............................................................. (\1\) 700
p-Dichlorobenzene........................................................... (\1\) 700
p-Nitroaniline.............................................................. (\1\) 700
p-Nitrophenol............................................................... (\1\) 700
p-Phenylenediamine.......................................................... (\1\) 700
Parathion................................................................... (\1\) 700
Pentachlorobenzene.......................................................... (\1\) 700
Pentachloroethane........................................................... (\1\) 34
Pentachloronitrobenzene..................................................... (\1\) 700
Pentachlorophenol........................................................... (\1\) 700
Phenacetin.................................................................. (\1\) 700
Phenol...................................................................... (\1\) 700
Phorate..................................................................... (\1\) 700
Pronamide................................................................... (\1\) 700
Pyridine.................................................................... (\1\) 700
Safrole..................................................................... (\1\) 700
Tetrachloroethylene......................................................... (\1\) 34
Tetraethyldithiopyrophosphate............................................... (\1\) 700
Toluene..................................................................... 25,000 ................
Trichloroethylene........................................................... (\1\) 34
Trichlorofluoromethane...................................................... (\1\) 34
Vinyl Chloride.............................................................. (\1\) 34
----------------------------------------------------------------------------------------------------------------
\1\ Non-detect.

Table 7.--Possible Physical Specifications--From EPA's Data
----------------------------------------------------------------------------------------------------------------
Fuel type (physical param) Gasoline No. 2 No. 4 No. 6 Comp. 50th Comp 90th
----------------------------------------------------------------------------------------------------------------
Flash Point ( deg.C)........... < 0 44 66 69 63 < 0
kinematic viscosity (cst @ 40
deg.c)........................ ........... 3.7 6.4 660 6.4 ...........
----------------------------------------------------------------------------------------------------------------
note: kinematic viscosity for gasoline is less than measureable levels.

table 8.--possible physical specifications--from astm and other published literature
----------------------------------------------------------------------------------------------------------------
fuel type \220\ (parameter) gasoline no. 2 no. 4 no. 6
----------------------------------------------------------------------------------------------------------------
flashpoint ( deg.c).......................... \221\-42 38 55 60
kinematic viscosity (cst@40 deg.c).......... \222\ 0.6 3.4 24 50 (at 100 deg.c)
----------------------------------------------------------------------------------------------------------------
\220\ fuel oil specifications from astm designation d 396-92, standard specifications for fuel oils.

[[page 17495]]

\221\ felder, m.f., and r.w. rousseau, elementary principles of chemical processes, john wiley and sons, new
york, 1978, 420.
\222\ perry, robert h., don w. green, and james o. moloney, perry's chemical engineers' handbook: sixth edition,
mcgraw-hill book co., new york, 1984, 9-13.

list of subjects

40 cfr part 60

environmental protection
administrative practice and procedure
air pollution control
aluminum
ammonium sulfate plants
batteries
beverages
carbon monoxide
cement industry
coal
copper
dry cleaners
electric power plants
fertilizers
fluoride
gasoline
glass and glass products
grains
graphic arts industry
heaters
household appliances
insulation
intergovernmental relations
iron
labeling
lead
lime
metallic and nonmetallic mineral processing plants
metals
motor vehicles
natural gas
nitric acid plants
nitrogen dioxide
paper and paper products industry
particulate matter
paving and roofing materials
petroleum
phosphate
plastics materials and synthetics
polymers
reporting and recordkeeping requirements
sewage disposal
steel
sulfur oxides
sulfuric acid plants
tires
urethane
vinyl
volatile organic compounds
waste treatment and disposal
zinc

40 cfr part 63

air pollution control
hazardous substances
reporting and recordkeeping requirements

40 cfr part 260

administrative practice and procedure
confidential business information
environmental protection agency
hazardous waste

40 cfr part 261

environmental protection agency
hazardous waste
recycling
reporting and recordkeeping requirements

40 cfr part 264

air pollution control
environmental protection agency
hazardous waste
insurance
packaging and containers
reporting and recordkeeping requirements
security measures
surety bonds

40 cfr part 265

air pollution control
environmental protection agency
hazardous waste
insurance
packaging and containers
reporting and recordkeeping requirements
security measures
surety bonds
water supply

40 cfr part 266

energy
environmental protection agency
hazardous waste
recycling
reporting and recordkeeping requirements

40 cfr part 270

administrative practice and procedure
confidential business information
environmental protection agency
hazardous materials transportation
hazardous waste
reporting and recordkeeping requirements
water pollution control
water supply

40 cfr part 271

administrative practice and procedure
confidential business information
environmental protection agency
hazardous materials transportation
hazardous waste
indians-lands
intergovernmental relations
penalties
reporting and recordkeeping requirements
water pollution control
water supply

dated: march 20, 1996.
carol m. browner,
administrator.

for the reasons set out in the preamble, it is proposed to amend
title 40 of the code of federal regulations as follows:

part 60--standards of performance for new stationary sources

i. in part 60:
1. the authority citation for part 60 continues to read as follows:

authority: 42 usc 7401, 7411, 7414, 7416, 7429, and 7601.

2. appendix b in part 60 is amended by adding four entries to the
table of contents, and by adding new performance specifications 4b, 8a,
10, 11, and 12:

appendix b--performance specifications

* * * * *
performance specification 4b--specifications and test procedures
for carbon monoxide and oxygen continuous monitoring systems in
stationary sources.
* * * * *
performance specification 8a--specifications and test procedures
for total hydrocarbon continuous monitoring systems in hazardous
waste-burning stationary sources.
* * * * *
performance specification 10--specifications and test procedures
for multi-metals continuous monitoring sytems in stationary sources.
performance specification 11--specifications and test procedures
for particulate matter continuous monitoring systems in stationary
sources.
performance specification 12--specifications and test procedures
for total mercury monitoring systems in stationary sources.
* * * * *
performance specification 4b--specifications and test procedures
for carbon monoxide and oxygen continuous monitoring systems in
stationary sources.

1. applicability and principle

1.1 applicability. this specification is to be used for
evaluating the acceptability of carbon monoxide (co) and oxygen
(o₂) continuous emission monitoring systems (CEMS) at the time
of or soon after installation and whenever specified in the
regulations. The CEMS may include, for certain stationary sources,
(a) flow monitoring equipment to allow measurement

[[Page 17496]]

of the dry volume of stack effluent sampled, and (b) an automatic
sampling system.
This specification is not designed to evaluate the installed
CEMS' performance over an extended period of time nor does it
identify specific calibration techniques and auxiliary procedures to
assess the CEMS' performance. The source owner or operator, however,
is responsible to properly calibrate, maintain, and operate the
CEMS. To evaluate the CEMS' performance, the Administrator may
require, under Section 114 of the Act, the operator to conduct CEMS
performance evaluations at other times besides the initial test.
The definitions, installation and measurement location
specifications, test procedures, data reduction procedures,
reporting requirements, and bibliography are the same as in PS 3
(for O₂) and PS 4A (for CO) except as otherwise noted below.
1.2 Principle. Installation and measurement location
specifications, performance specifications, test procedures, and
data reduction procedures are included in this specification.
Reference method tests, calibration error tests, and calibration
drift tests, and interferant tests are conducted to determine
conformance of the CEMS with the specification.

2. Definitions

2.1 Continuous Emission Monitoring System (CEMS). This
definition is the same as PS 2 Section 2.1 with the following
addition. A continuous monitor is one in which the sample to be
analyzed passes the measurement section of the analyzer without
interruption.
2.2 Response Time. The time interval between the start of a
step change in the system input and the time when the pollutant
analyzer output reaches 95 percent of the final value.
2.3 Calibration Error (CE). The difference between the
concentration indicated by the CEMS and the known concentration
generated by a calibration source when the entire CEMS, including
the sampling interface) is challenged. A CE test procedure is
performed to document the accuracy and linearity of the CEMS over
the entire measurement range.

3. Installation and Measurement Location Specifications

3.1 The CEMS Installation and Measurement Location. This
specification is the same as PS 2 Section 3.1 with the following
additions. Both the CO and O₂ monitors should be installed at
the same general location. If this is not possible, they may be
installed at different locations if the effluent gases at both
sample locations are not stratified and there is no in-leakage of
air between sampling locations.
3.1.1 Measurement Location. Same as PS 2 Section 3.1.1.
3.1.2 Point CEMS. The measurement point should be within or
centrally located over the centroidal area of the stack or duct
cross section.
3.1.3 Path CEMS. The effective measurement path should be (1)
have at least 70 percent of the path within the inner 50 percent of
the stack or duct cross sectional area, or (2) be centrally located
over any part of the centroidal area.
3.2 Reference Method (RM) Measurement Location and Traverse
Points. This specification is the same as PS 2 Section 3.2 with the
following additions. When pollutant concentrations changes are due
solely to diluent leakage and CO and O₂ are simultaneously
measured at the same location, one half diameter may be used in
place of two equivalent diameters.
3.3 Stratification Test Procedure. Stratification is defined as
the difference in excess of 10 percent between the average
concentration in the duct or stack and the concentration at any
point more than 1.0 meter from the duct or stack wall. To determine
whether effluent stratification exists, a dual probe system should
be used to determine the average effluent concentration while
measurements at each traverse point are being made. One probe,
located at the stack or duct centroid, is used as a stationary
reference point to indicate change in the effluent concentration
over time. The second probe is used for sampling at the traverse
points specified in method 1, appendix A, 40 CFR part 60. The
monitoring system samples sequentially at the reference and traverse
points throughout the testing period for five minutes at each point.

4. Performance and Equipment Specifications

4.1 Data Recorder Scale. For O₂, same as specified in PS
3, except that the span shall be 25 percent. The span of the O₂
may be higher if the O₂ concentration at the sampling point can
be greater than 25 percent. For CO, same as specified in PS 4A,
except that the low-range span shall be 200 ppm and the high range
span shall be 3000 ppm. In addition, the scale for both CEMS must
record all readings within a measurement range with a resolution of
0.5 percent.
4.2 Calibration Drift. For O₂, same as specified in PS 3.
For CO, the same as specified in PS 4A except that the CEMS
calibration must not drift from the reference value of the
calibration standard by more than 3 percent of the span value on
either the high or low range.
4.3 Relative Accuracy (RA). For O₂, same as specified in
PS 3. For CO, the same as specified in PS 4A.
4.4 Calibration Error (CE). The mean difference between the
CEMS and reference values at all three test points (see Table I)
must be no greater than 5 percent of span value for CO monitors and
0.5 percent for O₂ monitors.
4.5 Response Time. The response time for the CO or O₂
monitor shall not exceed 2 minutes.
5. Performance Specification Test Procedure
5.1 Calibration Error Test and Response Time Test Periods.
Conduct the CE and response time tests during the CD test period.

6.0 The CEMS Calibration Drift and Response Time Test Procedures

The response time test procedure is given in PS 4A, and must be
carried out for both the CO and O₂ monitors.

7. Relative Accuracy and Calibration Error Test Procedures

7.1 Calibration Error Test Procedure. Challenge each monitor
(both low and high range CO and O₂) with zero gas and EPA
Protocol 1 cylinder gases at three measurement points within the
ranges specified in Table I.

Table I.--Calibration Error Concentration Ranges
------------------------------------------------------------------------
CO low CO high
Measurement point range range O₂
(ppm) (ppm) (percent)
------------------------------------------------------------------------
1...................................... 0-40 0-600 0-2
2...................................... 60-80 900-1200 8-10
3...................................... 140-160 2100-2400 14-16
------------------------------------------------------------------------

Operate each monitor in its normal sampling mode as nearly as
possible. The calibration gas shall be injected into the sample
system as close to the sampling probe outlet as practical and should
pass through all CEMS components used during normal sampling.
Challenge the CEMS three non-consecutive times at each measurement
point and record the responses. The duration of each gas injection
should be sufficient to ensure that the CEMS surfaces are
conditioned.
7.1.1 Calculations. Summarize the results on a data sheet.
Average the differences between the instrument response and the
certified cylinder gas value for each gas. Calculate the CE results
according to:

CE = |d/FS| x 100 (1)
Where d is the mean difference between the CEMS response and the
known reference concentration and FS is the span value.
7.2 Relative Accuracy Test Procedure. Follow the RA test
procedures in PS 3 (for O₂) section 3 and PS 4A (for CO)
section 4.
7.3 Alternative RA Procedure. Under some operating conditions,
it may not be possible to obtain meaningful results using the RA
test procedure. This includes conditions where consistent, very low
CO emission or low CO emissions interrupted periodically by short
duration, high level spikes are observed. It may be appropriate in
these circumstances to waive the RA test and substitute the
following procedure.
Conduct a complete CEMS status check following the
manufacturer's written instructions. The check should include
operation of the light source, signal receiver, timing mechanism
functions, data acquisition and data reduction functions, data
recorders, mechanically operated functions, sample filters, sample
line heaters, moisture traps, and other related functions of the
CEMS, as applicable. All parts of the CEMS must be functioning
properly before the RA requirement can be waived. The instrument
must also successfully passed the CE and CD specifications.
Substitution of the alternate procedure requires approval of the
Regional Administrator.

8. Bibliography

1. 40 CFR Part 266, Appendix IX, Section 2, ''Performance
Specifications for Continuous Emission Monitoring Systems.''
* * * * *

[[Page 17497]]

Performance Specification 8A--Specifications and test procedures
for total hydrocarbon continuous monitoring systems in hazardous
waste-burning stationary sources.

1. Applicability and Principle

1.1 Applicability. These performance specifications apply to
hydrocarbon (HC) continuous emission monitoring systems (CEMS)
installed on hazardous waste-burning stationary sources. The
specifications include procedures which are intended to be used to
evaluate the acceptability of the CEMS at the time of its
installation or whenever specified in regulations or permits. The
procedures are not designed to evaluate CEMS performance over an
extended period of time. The source owner or operator is responsible
for the proper calibration, maintenance, and operation of the CEMS
at all times.
1.2 Principle. A gas sample is extracted from the source
through a heated sample line and heated filter to a flame ionization
detector (FID). Results are reported as volume concentration
equivalents of propane. Installation and measurement location
specifications, performance and equipment specifications, test and
data reduction procedures, and brief quality assurance guidelines
are included in the specifications. Calibration drift, calibration
error, and response time tests are conducted to determine
conformance of the CEMS with the specifications.

2. Definitions

2.1 Continuous Emission Monitoring System (CEMS). The total
equipment used to acquire data, which includes sample extraction and
transport hardware, analyzer, data recording and processing
hardware, and software. The system consists of the following major
subsystems:
2.1.1 Sample Interface. That portion of the system that is used
for one or more of the following: Sample acquisition, sample
transportation, sample conditioning, or protection of the analyzer
from the effects of the stack effluent.
2.1.2 Organic Analyzer. That portion of the system that senses
organic concentration and generates an output proportional to the
gas concentration.
2.1.3 Data Recorder. That portion of the system that records a
permanent record of the measurement values. The data recorder may
include automatic data reduction capabilities.
2.2 Instrument Measurement Range. The difference between the
minimum and maximum concentration that can be measured by a specific
instrument. The minimum is often stated or assumed to be zero and
the range expressed only as the maximum.
2.3 Span or Span Value. Full scale instrument measurement
range. The span value shall be documented by the CEMS manufacturer
with laboratory data.
2.4 Calibration Gas. A known concentration of a gas in an
appropriate diluent gas.
2.5 Calibration Drift (CD). The difference in the CEMS output
readings from the established reference value after a stated period
of operation during which no unscheduled maintenance, repair, or
adjustment takes place. A CD test is performed to demonstrate the
stability of the CEMS calibration over time.
2.6 Response Time. The time interval between the start of a
step change in the system input (e.g., change of calibration gas)
and the time when the data recorder displays 95 percent of the final
value.
2.7 Accuracy. A measurement of agreement between a measured
value and an accepted or true value, expressed as the percentage
difference between the true and measured values relative to the true
value. For these performance specifications, accuracy is checked by
conducting a calibration error (CE) test.
2.8 Calibration Error (CE). The difference between the
concentration indicated by the CEMS and the known concentration of
the cylinder gas. A CE test procedure is performed to document the
accuracy and linearity of the monitoring equipment over the entire
measurement range.
2.9 Performance Specification Test (PST) Period. The period
during which CD, CE, and response time tests are conducted.
2.10 Centroidal Area. A concentric area that is geometrically
similar to the stack or duct cross section and is no greater than 1
percent of the stack or duct cross-sectional area.

3. Installation and Measurement Location Specifications

3.1 CEMS Installation and Measurement Locations. The CEMS shall
be installed in a location in which measurements representative of
the source's emissions can be obtained. The optimum location of the
sample interface for the CEMS is determined by a number of factors,
including ease of access for calibration and maintenance, the degree
to which sample conditioning will be required, the degree to which
it represents total emissions, and the degree to which it represents
the combustion situation in the firebox. The location should be as
free from in-leakage influences as possible and reasonably free from
severe flow disturbances. The sample location should be at least two
equivalent duct diameters downstream from the nearest control
device, point of pollutant generation, or other point at which a
change in the pollutant concentration or emission rate occurs and at
least 0.5 diameter upstream from the exhaust or control device. The
equivalent duct diameter is calculated as per 40 CFR part 60,
appendix A, method 1, section 2.1. If these criteria are not
achievable or if the location is otherwise less than optimum, the
possibility of stratification should be investigated as described in
section 3.2. The measurement point shall be within the centroidal
area of the stack or duct cross section.
3.2 Stratification Test Procedure. Stratification is defined as
a difference in excess of 10 percent between the average
concentration in the duct or stack and the concentration at any
point more than 1.0 meter from the duct or stack wall. To determine
whether effluent stratification exists, a dual probe system should
be used to determine the average effluent concentration while
measurements at each traverse point are being made. One probe,
located at the stack or duct centroid, is used as a stationary
reference point to indicate the change in effluent concentration
over time. The second probe is used for sampling at the traverse
points specified in 40 CFR part 60 appendix A, method 1. The
monitoring system samples sequentially at the reference and traverse
points throughout the testing period for five minutes at each point.

4. CEMS Performance and Equipment Specifications

If this method is applied in highly explosive areas, caution and
care shall be exercised in choice of equipment and installation.
4.1 Flame Ionization Detector (FID) Analyzer. A heated FID
analyzer capable of meeting or exceeding the requirements of these
specifications. Heated systems shall maintain the temperature of the
sample gas between 150 deg.C (300 deg.F) and 175 deg.C (350
deg.F) throughout the system. This requires all system components
such as the probe, calibration valve, filter, sample lines, pump,
and the FID to be kept heated at all times such that no moisture is
condensed out of the system. The essential components of the
measurement system are described below:
4.1.1 Sample Probe. Stainless steel, or equivalent, to collect
a gas sample from the centroidal area of the stack cross-section.
4.1.2 Sample Line. Stainless steel or Teflon tubing to
transport the sample to the analyzer.

Note: Mention of trade names or specific products does not
constitute endorsement by the Environmental Protection Agency.

4.1.3 Calibration Valve Assembly. A heated three-way valve
assembly to direct the zero and calibration gases to the analyzer is
recommended. Other methods, such as quick-connect lines, to route
calibration gas to the analyzers are applicable.
4.1.4 Particulate Filter. An in-stack or out-of-stack sintered
stainless steel filter is recommended if exhaust gas particulate
loading is significant. An out-of-stack filter must be heated.
4.1.5 Fuel. The fuel specified by the manufacturer (e.g., 40
percent hydrogen/60 percent helium, 40 percent hydrogen/60 percent
nitrogen gas mixtures, or pure hydrogen) should be used.
4.1.6 Zero Gas. High purity air with less than 0.1 parts per
million by volume (ppm) HC as methane or carbon equivalent or less
than 0.1 percent of the span value, whichever is greater.
4.1.7 Calibration Gases. Appropriate concentrations of propane
gas (in air or nitrogen). Preparation of the calibration gases
should be done according to the procedures in EPA Protocol 1. In
addition, the manufacturer of the cylinder gas should provide a
recommended shelf life for each calibration gas cylinder over which
the concentration does not change by more than ±2 percent
from the certified value.
4.2 CEMS Span Value. 100 ppm propane. The span value shall be
documented by the CEMS manufacturer with laboratory data.

[[Page 17498]]

4.3 Daily Calibration Gas Values. The owner or operator must
choose calibration gas concentrations that include zero and high-
level calibration values.
4.3.1 The zero level may be between zero and 0.1 ppm (zero and
0.1 percent of the span value).
4.3.2 The high-level concentration shall be between 50 and 90
ppm (50 and 90 percent of the span value).
4.4 Data Recorder Scale. The strip chart recorder, computer, or
digital recorder must be capable of recording all readings within
the CEMS' measurement range and shall have a resolution of 0.5 ppm
(0.5 percent of span value).
4.5 Response Time. The response time for the CEMS must not
exceed 2 minutes to achieve 95 percent of the final stable value.
4.6 Calibration Drift. The CEMS must allow the determination of
CD at the zero and high-level values. The CEMS calibration response
must not differ by more than ±3 ppm (±3
percent of the span value) after each 24-hour period of the 7-day
test at both zero and high levels.
4.7 Calibration Error. The mean difference between the CEMS and
reference values at all three test points listed below shall be no
greater than 5 ppm (±5 percent of the span value).
4.7.1 Zero Level. Zero to 0.1 ppm (0 to 0.1 percent of span
value).
4.7.2 Mid-Level. 30 to 40 ppm (30 to 40 percent of span value).
4.7.3 High-Level. 70 to 80 ppm (70 to 80 percent of span
value).
4.8 Measurement and Recording Frequency. The sample to be
analyzed shall pass through the measurement section of the analyzer
without interruption. The detector shall measure the sample
concentration at least once every 15 seconds. An average emission
rate shall be computed and recorded at least once every 60 seconds.
4.9 Hourly Rolling Average Calculation. The CEMS shall
calculate every minute an hourly rolling average, which is the
arithmetic mean of the 60 most recent 1-minute average values.
4.10 Retest. If the CEMS produces results within the specified
criteria, the test is successful. If the CEMS does not meet one or
more of the criteria, necessary corrections must be made and the
performance tests repeated.

5. Performance Specification Test (PST) Periods

5.1 Pretest Preparation Period. Install the CEMS, prepare the
PTM test site according to the specifications in section 3, and
prepare the CEMS for operation and calibration according to the
manufacturer's written instructions. A pretest conditioning period
similar to that of the 7-day CD test is recommended to verify the
operational status of the CEMS.
5.2 Calibration Drift Test Period. While the facility is
operating under normal conditions, determine the magnitude of the CD
at 24-hour intervals for seven consecutive days according to the
procedure given in section 6.1. All CD determinations must be made
following a 24-hour period during which no unscheduled maintenance,
repair, or adjustment takes place. If the combustion unit is taken
out of service during the test period, record the onset and duration
of the downtime and continue the CD test when the unit resumes
operation.
5.3 Calibration Error Test and Response Time Test Periods.
Conduct the CE and response time tests during the CD test period.
6. Performance Specification Test Procedures
6.1 Relative Accuracy Test Audit (RATA) and Absolute
Calibration Audits (ACA). The test procedures described in this
section are in lieu of a RATA and ACA.
6.2 Calibration Drift Test.
6.2.1 Sampling Strategy. Conduct the CD test at 24-hour
intervals for seven consecutive days using calibration gases at the
two daily concentration levels specified in section 4.3. Introduce
the two calibration gases into the sampling system as close to the
sampling probe outlet as practical. The gas shall pass through all
CEM components used during normal sampling. If periodic automatic or
manual adjustments are made to the CEMS zero and calibration
settings, conduct the CD test immediately before these adjustments,
or conduct it in such a way that the CD can be determined. Record
the CEMS response and subtract this value from the reference
(calibration gas) value. To meet the specification, none of the
differences shall exceed 3 percent of the span of the CEM.
6.2.2 Calculations. Summarize the results on a data sheet. An
example is shown in Figure 1. Calculate the differences between the
CEMS responses and the reference values.
6.3 Response Time. The entire system including sample
extraction and transport, sample conditioning, gas analyses, and the
data recording is checked with this procedure.
6.3.1 Introduce the calibration gases at the probe as near to
the sample location as possible. Introduce the zero gas into the
system. When the system output has stabilized (no change greater
than 1 percent of full scale for 30 sec), switch to monitor stack
effluent and wait for a stable value. Record the time (upscale
response time) required to reach 95 percent of the final stable
value.
6.3.2 Next, introduce a high-level calibration gas and repeat
the above procedure. Repeat the entire procedure three times and
determine the mean upscale and downscale response times. The longer
of the two means is the system response time.
6.4 Calibration Error Test Procedure.
6.4.1 Sampling Strategy. Challenge the CEMS with zero gas and
EPA Protocol 1 cylinder gases at measurement points within the
ranges specified in section 4.7.
6.4.1.1 The daily calibration gases, if Protocol 1, may be used
for this test.

Source:----------------------------------------------------------------

Monitor:---------------------------------------------------------------

Serial Number:---------------------------------------------------------

Date:------------------------------------------------------------------

Location:--------------------------------------------------------------

Span:------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of span
Day Date Time Calibration value Monitor response Difference (\1\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Zero/low level:
1
2
3
4
5
6
7
High level:
1
2
3
4
5
6
7
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\=Acceptance Criteria: 3% of span each day for seven days.

Figure 1: Calibration Drift Determination

[[Page 17499]]

6.4.1.2 Operate the CEMS as nearly as possible in its normal
sampling mode. The calibration gas should be injected into the
sampling system as close to the sampling probe outlet as practical
and shall pass through all filters, scrubbers, conditioners, and
other monitor components used during normal sampling. Challenge the
CEMS three non-consecutive times at each measurement point and
record the responses. The duration of each gas injection should be
for a sufficient period of time to ensure that the CEMS surfaces are
conditioned.
6.4.2 Calculations. Summarize the results on a data sheet. An
example data sheet is shown in Figure 2. Average the differences
between the instrument response and the certified cylinder gas value
for each gas. Calculate three CE results according to Equation 1. No
confidence coefficient is used in CE calculations.

7. Equations

7.1 Calibration Error. Calculate CE using Equation 1.

[GRAPHIC] [TIFF OMITTED] TP19AP96.000

Where:

d = Mean difference between CEMS response and the known reference
concentration, determined using Equation 2.
[GRAPHIC] [TIFF OMITTED] TP19AP96.001

d_i = Individual difference between CEMS response and the known
reference concentration.

8. Reporting

At a minimum, summarize in tabular form the results of the CD,
response time, and CE test, as appropriate. Include all data sheets,
calculations, CEMS data records, and cylinder gas or reference
material certifications.
Source:----------------------------------------------------------------

Monitor:---------------------------------------------------------------

Serial Number:---------------------------------------------------------

Date:------------------------------------------------------------------

Location:--------------------------------------------------------------

Span:------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Difference
Run No. Calibration Monitor -----------------------------------------------
value response Zero/Low Mid High
----------------------------------------------------------------------------------------------------------------
1-Zero..........................
2-Mid...........................
3-High..........................
4-Mid...........................
5-Zero..........................
6-High..........................
7-Zero..........................
8-Mid...........................
9-High..........................

(1) Mean Difference =

(1) Calibration Error = % % %
----------------------------------------------------------------------------------------------------------------

Figure 2: Calibration Error Determination

9. References

1. Measurement of Volatile Organic Compounds-Guideline Series.
U.S. Environmental Protection Agency, Research Triangle Park, North
Carolina, 27711, EPA-450/2-78-041, June 1978.
2. Traceability Protocol for Establishing True Concentrations of
Gases Used for Calibration and Audits of Continuous Source Emission
Monitors (Protocol No. 1). U.S. Environmental Protection Agency ORD/
EMSL, Research Triangle Park, North Carolina, 27711, June 1978.
3. Gasoline Vapor Emission Laboratory Evaluation-Part 2. U.S.
Environmental Protection Agency, OAQPS, Research Triangle Park,
North Carolina, 27711, EMB Report No. 76-GAS-6, August 1975.
* * * * *
Performance Specification 10--Specifications and test procedures
for multi-metals continuous monitoring systems in stationary
sources.

1. Applicability and Principle

1.1 Applicability. This specification is to be used for
evaluating the acceptability of multi-metals continuous emission
monitoring systems (CEMS) at the time of or soon after installation
and whenever specified in the regulations. The CEMS may include, for
certain stationary sources, (a) a diluent (O₂) monitor (which
must meet its own performance specifications: 40 CFR part 60,
Appendix B, Performance Specification 3), (b) flow monitoring
equipment to allow measurement of the dry volume of stack effluent
sampled, and (c) an automatic sampling system.
A multi-metals CEMS must be capable of measuring the total
concentrations (regardless of speciation) of two or more of the
following metals in both their vapor and solid forms: Antimony (Sb),
Arsenic (As), Barium (Ba), Beryllium (Be), Cadmium (Cd), Chromium
(Cr), Lead (Pb), Mercury (Hg), Silver (Ag), Thallium (Tl), Manganese
(Mn), Cobalt (Co), Nickel (Ni), and Selenium (Se). Additional metals
may be added to this list at a later date by addition of appendices
to this performance specification. If a CEMS does not measure a
particular metal or fails to meet the performance specifications for
a particular metal, then the CEMS may not be used to determine
emission compliance with the applicable regulation for that metal.
This specification is not designed to evaluate the installed
CEMS' performance over an extended period of time nor does it
identify specific calibration techniques and auxiliary procedures to
assess the CEMS' performance. The source owner or operator, however,
is responsible to properly calibrate, maintain, and operate the
CEMS. To evaluate the CEMS' performance, the Administrator may
require, under Section 114 of the Act, the operator to conduct CEMS
performance evaluations at other times besides the initial test. See
Sec. 60.13 (c) and ''Quality Assurance Requirements For Multi-Metals
Continuous Emission Monitoring Systems Used For Compliance
Determination.''
1.2 Principle. Installation and measurement location
specifications, performance specifications, test procedures, and
data reduction procedures are included in this specification.
Reference method tests and calibration drift tests are conducted to
determine conformance of the CEMS with the specification.

2. Definitions

2.1 Continuous Emission Monitoring System (CEMS). The total
equipment required for the determination of a metal concentration.
The system consists of the following major subsystems:
2.1.1 Sample Interface. That portion of the CEMS used for one
or more of the following: sample acquisition, sample transport, and
sample conditioning, or protection of the monitor from the effects
of the stack effluent.
2.1.2 Pollutant Analyzer. That portion of the CEMS that senses
the metals concentrations and generates a proportional output.
2.1.3 Diluent Analyzer (if applicable). That portion of the
CEMS that senses the diluent gas (O₂) and generates an output
proportional to the gas concentration.

[[Page 17500]]

2.1.4 Data Recorder. That portion of the CEMS that provides a
permanent record of the analyzer output. The data recorder may
provide automatic data reduction and CEMS control capabilities.
2.2 Point CEMS. A CEMS that measures the metals concentrations
either at a single point or along a path equal to or less than 10
percent of the equivalent diameter of the stack or duct cross
section.
2.3 Path CEMS. A CEMS that measures the metals concentrations
along a path greater than 10 percent of the equivalent diameter of
the stack or duct cross section.
2.4 Span Value. The upper limit of a metals concentration
measurement range defined as twenty times the applicable emission
limit for each metal. The span value shall be documented by the CEMS
manufacturer with laboratory data.
2.5 Relative Accuracy (RA). The absolute mean difference
between the metals concentrations determined by the CEMS and the
value determined by the reference method (RM) plus the 2.5 percent
error confidence coefficient of a series of tests divided by the
mean of the RM tests or the applicable emission limit.
2.6 Calibration Drift (CD). The difference in the CEMS output
readings from the established reference value after a stated period
of operation during which no unscheduled maintenance, repair, or
adjustment took place.
2.7 Zero Drift (ZD). The difference in the CEMS output readings
for zero input after a stated period of operation during which no
unscheduled maintenance, repair, or adjustment took place.
2.8 Representative Results. Defined by the RA test procedure
defined in this specification.
2.9 Response Time. The time interval between the start of a
step change in the system input and the time when the pollutant
analyzer output reaches 95 percent of the final value.
2.10 Centroidal Area. A concentric area that is geometrically
similar to the stack or duct cross section and is no greater than 1
percent of the stack or duct cross sectional area.
2.11 Batch Sampling. Batch sampling refers to the technique of
sampling the stack effluent continuously and concentrating the
pollutant in some capture medium. Analysis is performed periodically
after sufficient time has elapsed to concentrate the pollutant to
levels detectable by the analyzer.
2.12 Calibration Standard. Calibration standards consist of a
known amount of metal(s) that are presented to the pollutant
analyzer portion of the CEMS in order to calibrate the drift or
response of the analyzer. The calibration standard may be, for
example, a solution containing a known metal concentration, or a
filter with a known mass loading or composition.

3. Installation and Measurement Location Specifications

3.1 The CEMS Installation and measurement location. Install the
CEMS at an accessible location downstream of all pollution control
equipment where the metals concentrations measurements are directly
representative or can be corrected so as to be representative of the
total emissions from the affected facility. Then select
representative measurement points or paths for monitoring in
locations that the CEMS will pass the RA test (see Section 7). If
the cause of failure to meet the RA test is determined to be the
measurement location and a satisfactory correction technique cannot
be established, the Administrator may require the CEMS to be
relocated.
Measurement locations and points or paths that are most likely
to provide data that will meet the RA requirements are listed below.
3.1.1 Measurement Location. The measurement location should be
(1) at least eight equivalent diameters downstream of the nearest
control device, point of pollutant generation, bend, or other point
at which a change of pollutant concentration or flow disturbance may
occur, and (2) at least two equivalent diameters upstream from the
effluent exhaust. The equivalent duct diameter is calculated as per
40 CFR part 60, Appendix A, Method 1, Section 2.1.
3.1.2 Point CEMS. The measurement point should be (1) no less
than 1.0 meter from the stack or duct wall or (2) within or
centrally located over the centroidal area of the stack or duct
cross section. Selection of traverse points to determine the
representativeness of the measurement location should be made
according to 40 CFR part 60, Appendix A, Method 1, Sections 2.2 and
2.3.
3.1.3 Path CEMS. The effective measurement path should be (1)
totally within the inner area bounded by a line 1.0 meter from the
stack or duct wall, or (2) have at least 70 percent of the path
within the inner 50 percent of the stack or duct cross sectional
area, or (3) be centrally located over any part of the centroidal
area.
3.2 Reference Method (RM) Measurement Location and Traverse
Points. The RM measurement location should be (1) at least eight
equivalent diameters downstream of the nearest control device, point
of pollutant generation, bend, or other point at which a change of
pollutant concentration or flow disturbance may occur, and (2) at
least two equivalent diameters upstream from the effluent exhaust.
The RM and CEMS locations need not be the same, however the
difference may contribute to failure of the CEMS to pass the RA
test, thus they should be as close as possible without causing
interference with one another. The equivalent duct diameter is
calculated as per 40 CFR part 60, Appendix A, Method 1, Section 2.1.
Selection of traverse measurement point locations should be made
according to 40 CFR part 60, Appendix A, Method 1, Sections 2.2 and
2.3. If the RM traverse line interferes with or is interfered by the
CEMS measurements, the line may be displaced up to 30 cm (or 5
percent of the equivalent diameter of the cross section, whichever
is less) from the centroidal area.

4. Performance and Equipment Specifications

5. Performance Specification Test Procedure

5.1 Pretest Preparation. Install the CEMS and prepare the RM
test site according to the specifications in Section 3, and prepare
the

[[Page 17501]]

CEMS for operation according to the manufacturer's written
instructions.
5.2 Calibration and Zero Drift Test Period. While the affected
facility is operating at more than 50 percent of normal load, or as
specified in an applicable subpart, determine the magnitude of the
calibration drift (CD) and zero drift (ZD) once each day (at 24-hour
intervals) for 7 consecutive days according to the procedure given
in Section 6. To meet the requirements of Sections 4.3 and 4.4 none
of the CD's or ZD's may exceed the specification. All CD
determinations must be made following a 24-hour period during which
no unscheduled maintenance, repair, or manual adjustment of the CEMS
took place.
5.3 RA Test Period. Conduct a RA test following the CD test
period. Conduct the RA test according to the procedure given in
Section 7 while the affected facility is operating at more than 50
percent of normal load, or as specified in the applicable subpart.

6.0 The CEMS Calibration and Zero Drift Test Procedure

This performance specification is designed to allow calibration
of the CEMS by use of standard solutions, filters, etc. that
challenge the pollutant analyzer part of the CEMS (and as much of
the whole system as possible), but which do not challenge the entire
CEMS, including the sampling interface. Satisfactory response of the
entire system is covered by the RA requirements.
The CD measurement is to verify the ability of the CEMS to
conform to the established CEMS calibration used for determining the
emission concentration. Therefore, if periodic automatic or manual
adjustments are made to the CEMS zero and calibration settings,
conduct the CD test immediately before the adjustments, or conduct
it in such a way that the CD and ZD can be determined.
Conduct the CD and ZD tests at the points specified in Sections
4.3 and 4.4. Record the CEMS response and calculate the CD according
to:
[GRAPHIC] [TIFF OMITTED] TP19AP96.002

Where CD denotes the calibration drift of the CEMS in percent,
R_CEM is the CEMS response, and R_V is the reference value
of the high level calibration standard. Calculate the ZD according
to:
[GRAPHIC] [TIFF OMITTED] TP19AP96.003

Where ZD denotes the zero drift of the CEMS in percent, R_CEM is
the CEMS response, R_V is the reference value of the low level
calibration standard, and REM is the emission limit value.

7. Relative Accuracy Test Procedure

7.1 Sampling Strategy for RA Tests. The RA tests are to verify
the initial performance of the entire CEMS system, including the
sampling interface, by comparison to RM measurements. Conduct the RM
measurements in such a way that they will yield results
representative of the emissions from the source and can be
correlated to the CEMS data. Although it is preferable to conduct
the diluent (if applicable), moisture (if needed), and pollutant
measurements simultaneously, the diluent and moisture measurements
that are taken within a 30 to 60-minute period, which includes the
pollutant measurements, may be used to calculate dry pollutant
concentration.
A measure of relative accuracy at a single level is required for
each metal measured for compliance purposes by the CEMS. Thus the
concentration of each metal must be detectable by both the CEMS and
the RM. In addition, the RA must be determined at three levels (0 to
20, 40 to 60, and 80 to 120 percent of the emission limit) for one
of the metals which will be monitored, or for iron. If iron is
chosen, the three levels should be chosen to correspond to those for
one of the metals that will be monitored using known sensitivities
(documented by the manufacturer) of the CEMS to both metals.
In order to correlate the CEMS and RM data properly, note the
beginning and end of each RM test period of each run (including the
exact time of day) in the CEMS data log. Use the following strategy
for the RM measurements:
7.2 Correlation of RM and CEMS Data. Correlate the CEMS and RM
test data as to the time and duration by first determining from the
CEMS final output (the one used for reporting) the integrated
average pollutant concentration for each RM test period. Consider
system response time, if important, and confirm that the pair of
results are on a consistent moisture, temperature, and diluent
concentration basis. Then compare each integrated CEMS value against
the corresponding average RM value.
7.3 Number of tests. Obtain a minimum of three pairs of CEMS
and RM measurements for each metal required and at each level
required (see Section 7.1). If more than nine pairs of measurements
are obtained, then up to three pairs of measurements may be rejected
so long as the total number of measurement pairs used to determine
the RA is greater than or equal to nine. However, all data,
including the rejected data, must be reported.
7.4 Reference Methods. Unless otherwise specified in an
applicable subpart of the regulations, Method 3B, or its approved
alternative, is the reference method for diluent (O₂)
concentration. Unless otherwise specified in an applicable subpart
of the regulations, the manual method for multi-metals in 40 CFR
part 266, Appendix IX, Section 3.1 (until superseded by SW-846), or
its approved alternative, is the reference method for multi-metals.
As of March 22, 1995 there is no approved alternative RM to
Method 29 (for example, a second metals CEMS, calibrated absolutely
according to the alternate procedure to be specified in an appendix
to this performance specification to be added when an absolute
system calibration procedure becomes available and is approved).
7.5 Calculations. Summarize the results on a data sheet. An
example is shown in Figure 2-2 of 40 CFR part 60, Appendix B,
Performance Specification 2. Calculate the mean of the RM values.
Calculate the arithmetic differences between the RM and CEMS output
sets, and then calculate the mean of the differences. Calculate the
standard deviation of each data set and CEMS RA using the equations
in Section 8.
7.6 Undetectable Emission Levels. In the event of metals
emissions concentrations from the source being so low as to be
undetectable by the CEMS operating in its normal mode (i.e.,
measurement times and frequencies within the bounds of the
performance specifications), then spiking of the appropriate metals
in the feed or other operation of the facility in such a way as to
raise the metal concentration to a level detectable by both the CEMS
and the RM is required in order to perform the RA test.

8. Equations

8.1 Arithmetic Mean. Calculate the arithmetic mean of a data
set as follows:
[GRAPHIC] [TIFF OMITTED] TP19AP96.004

Where n is equal to the number of data points.
8.1.1 Calculate the arithmetic mean of the difference, d, of a
data set, using Equation 3 and substituting d for x. Then

[GRAPHIC] [TIFF OMITTED] TP19AP96.005

Where x and y are paired data points from the CEMS and RM,
respectively.
8.2 Standard Deviation. Calculate the standard deviation (SD)
of a data set as follows:
[GRAPHIC] [TIFF OMITTED] TP19AP96.006

8.3 Relative Accuracy (RA). Calculate the RA as follows:
[GRAPHIC] [TIFF OMITTED] TP19AP96.007

Where d is equal to the arithmetic mean of the difference, d, of the
paired CEMS and RM data set, calculated according to Equations 3 and
4, SD is the standard deviation calculated according to Equation 5,
R_RM is equal to either the average of the RM data set,
calculated according to Equation 3, or the value of the emission
standard, as applicable (see Section 4.2), and t_0.975 is the t-
value at 2.5 percent error confidence, see Table 1.

[[Page 17502]]

Table 1
[t-Values]
----------------------------------------------------------------------------------------------------------------
n^a t_0.975 n^a t_0.975 n^a t_0.975
----------------------------------------------------------------------------------------------------------------
2........................................................ 12.706 7 2.447 12 2.201
3........................................................ 4.303 8 2.365 13 2.179
4........................................................ 3.182 9 2.306 14 2.160
5........................................................ 2.776 10 2.262 15 2.145
6........................................................ 2.571 11 2.228 16 2.131
----------------------------------------------------------------------------------------------------------------
^a The values in this table are already corrected for n-1 degrees of freedom. Use n equal to the number of
individual values.

9. Reporting

At a minimum (check with the appropriate regional office, or
State, or local agency for additional requirements, if any)
summarize in tabular form the results of the CD tests and the RA
tests or alternate RA procedure as appropriate. Include all data
sheets, calculations, and records of CEMS response necessary to
substantiate that the performance of the CEMS met the performance
specifications.
The CEMS measurements shall be reported to the agency in units
of µg/m³ on a dry basis, corrected to 20 deg.C and 7
percent O₂.

10. Alternative Procedures

A procedure for a total system calibration, when developed, will
be acceptable as a procedure for determining RA. Such a procedure
will involve challenging the entire CEMS, including the sampling
interface, with a known metals concentration. This procedure will be
added as an appendix to this performance specification when it has
been developed and approved. The RA requirement of Section 4.2 will
remain unchanged.

11. Bibliography

1. 40 CFR part 60, Appendix B, ''Performance Specification 2--
Specifications and Test Procedures for SO₂ and NO_x
Continuous Emission Monitoring Systems in Stationary Sources.''
2. 40 CFR part 60, Appendix B, ''Performance Specification 1--
Specification and Test Procedures for Opacity Continuous Emission
Monitoring Systems in Stationary Sources.''
3. 40 CFR part 60, Appendix A, ''Method 1--Sample and Velocity
Traverses for Stationary Sources.''
4. 40 CFR part 266, Appendix IX, Section 2, ''Performance
Specifications for Continuous Emission Monitoring Systems.''
5. Draft Method 29, ''Determination of Metals Emissions from
Stationary Sources,'' Docket A-90-45, Item II-B-12, and EMTIC CTM-
012.WPF.
6. ''Continuous Emission Monitoring Technology Survey for
Incinerators, Boilers, and Industrial Furnaces: Final Report for
Metals CEM's,'' prepared for the Office of Solid Waste, U.S. EPA,
Contract No. 68-D2-0164 (4/25/94).
Performance Specification 11--Specifications and test procedures
for particulate matter continuous monitoring systems in stationary
sources.

1. Applicability and Principle

1.1 Applicability. This specification is to be used for
evaluating the acceptability of particulate matter continuous
emission monitoring systems (CEMS) at the time of or soon after
installation and whenever specified in the regulations. The CEMS may
include, for certain stationary sources, a) a diluent (O₂)
monitor (which must meet its own performance specifications: 40 CFR
part 60, Appendix B, Performance Specification 3), b) flow
monitoring equipment to allow measurement of the dry volume of stack
effluent sampled, and c) an automatic sampling system.
This performance specification requires site specific
calibration of the PM CEMS' response against manual gravimetric
method measurements. The range of validity of the response
calibration is restricted to the range of particulate mass loadings
used to develop the calibration relation. Further, if conditions at
the facility change (i.e., changes in emission control system or
fuel type), then a new response calibration is required. Since the
validity of the response calibration may be affected by changes in
the properties of the particulate, such as density, index of
refraction, and size distribution, the limitations of the CEMS used
should be evaluated with respect to these possible changes on a site
specific basis.
This specification is not designed to evaluate the installed
CEMS' performance over an extended period of time nor does it
identify specific calibration techniques and auxiliary procedures to
assess the CEMS' performance. The source owner or operator, however,
is responsible to properly calibrate, maintain, and operate the
CEMS. To evaluate the CEMS' performance, the Administrator may
require, under Section 114 of the Act, the operator to conduct CEMS
performance evaluations at other times besides the initial test. See
Sec. 60.13 (c) and ''Quality Assurance Requirements For Particulate
Matter Continuous Emission Monitoring Systems Used For Compliance
Determination.''
1.2 Principle. Installation and measurement location
specifications, performance specifications, test procedures, and
data reduction procedures are included in this specification.
Reference method tests and calibration drift tests are conducted to
determine conformance of the CEMS with the specification.

2. Definitions

2.1 Continuous Emission Monitoring System (CEMS). The total
equipment required for the determination of particulate matter mass
concentration. The system consists of the following major
subsystems:
2.1.1 Sample Interface. That portion of the CEMS used for one
or more of the following: sample acquisition, sample transport, and
sample conditioning, or protection of the monitor from the effects
of the stack effluent.
2.1.2 Pollutant Analyzer. That portion of the CEMS that senses
the particulate matter concentration and generates a proportional
output.
2.1.3 Diluent Analyzer (if applicable). That portion of the
CEMS that senses the diluent gas (O₂) and generates an output
proportional to the gas concentration.
2.1.4 Data Recorder. That portion of the CEMS that provides a
permanent record of the analyzer output. The data recorder may
provide automatic data reduction and CEMS control capabilities.
2.2 Point CEMS. A CEMS that measures particulate matter mass
concentrations either at a single point or along a path equal to or
less than 10 percent of the equivalent diameter of the stack or duct
cross section.
2.3 Path CEMS. A CEMS that measures particulate matter mass
concentrations along a path greater than 10 percent of the
equivalent diameter of the stack or duct cross section.
2.4 Span Value. The upper limit of the CEMS measurement range.
The span value shall be documented by the CEMS manufacturer with
laboratory data.
2.5 Confidence Interval. The interval with upper and lower
limits within which the CEMS response calibration relation lies with
a given level of confidence.
2.6 Tolerance Interval. The interval with upper and lower
limits within which are contained a specified percentage of the
population with a given level of confidence.
2.7 Calibration Drift (CD). The difference in the CEMS output
readings from the established reference value after a stated period
of operation during which no unscheduled maintenance, repair, or
adjustment took place.
2.8 Zero Drift (ZD). The difference in the CEMS output readings
for zero input after a stated period of operation during which no
unscheduled maintenance, repair, or adjustment took place.
2.9 Representative Results. Defined by the reference method
test procedure defined in this specification.
2.10 Response Time. The time interval between the start of a
step change in the system input and the time when the pollutant
analyzer output reaches 95 percent of the final value.

[[Page 17503]]

2.11 Centroidal Area. A concentric area that is geometrically
similar to the stack or duct cross section and is no greater than 1
percent of the stack or duct cross sectional area.
2.12 Batch Sampling. Batch sampling refers to the technique of
sampling the stack effluent continuously and concentrating the
pollutant in some capture medium. Analysis is performed periodically
after sufficient time has elapsed to concentrate the pollutant to
levels detectable by the analyzer.
2.13 Calibration Standard. Calibration standards produce a
known and unchanging response when presented to the pollutant
analyzer portion of the CEMS, and are used to calibrate the drift or
response of the analyzer.

3. Installation and Measurement Location Specifications

3.1 The CEMS Installation and measurement location. Install the
CEMS at an accessible location downstream of all pollution control
equipment where the particulate matter mass concentrations
measurements are directly representative or can be corrected so as
to be representative of the total emissions from the affected
facility. Then select representative measurement points or paths for
monitoring in locations that the CEMS will meet the calibration
requirements (see Section 7). If the cause of failure to meet the
calibration requirements is determined to be the measurement
location and a satisfactory correction technique cannot be
established, the Administrator may require the CEMS to be relocated.
Measurement locations and points or paths that are most likely
to provide data that will meet the calibration requirements are
listed below.
3.1.1 Measurement Location. The measurement location should be
(1) at least eight equivalent diameters downstream of the nearest
control device, point of pollutant generation, bend, or other point
at which a change of pollutant concentration or flow disturbance may
occur and (2) at least two equivalent diameters upstream from the
effluent exhaust. The equivalent duct diameter is calculated as per
40 CFR part 60, Appendix A, Method 1, Section 2.1.
3.1.2 Point CEMS. The measurement point should be (1) no less
than 1.0 meter from the stack or duct wall or (2) within or
centrally located over the centroidal area of the stack or duct
cross section. Selection of traverse points to determine the
representativeness of the measurement location should be made
according to 40 CFR part 60, Appendix A, Method 1, Section 2.2 and
2.3.
3.1.3 Path CEMS. The effective measurement path should be (1)
totally within the inner area bounded by a line 1.0 meter from the
stack or duct wall, or (2) have at least 70 percent of the path
within the inner 50 percent of the stack or duct cross sectional
area, or (3) be centrally located over any part of the centroidal
area.
3.1.4 Sampling Requirement for Saturated Flue Gas. If the CEMS
is to be installed downstream of a wet air pollution control system
such that the flue gases are saturated with water, then the CEMS
must isokinetically extract and heat a sample of the flue gas for
measurement so that the pollutant analyzer portion of the CEMS
measures only dry particulate. Heating shall be to a temperature
above the water condensation temperature of the extracted gas and
shall be maintained at all points in the sample line, from where the
flue gas is extracted to and including the pollutant analyzer.
Performance of a CEMS design configured in this manner must be
documented by the CEMS manufacturer.
3.2 Reference Method (RM) Measurement Location and Traverse
Points. The RM measurement location should be (1) at least eight
equivalent diameters downstream of the nearest control device, point
of pollutant generation, bend, or other point at which a change of
pollutant concentration or flow disturbance may occur and (2) at
least two equivalent diameters upstream from the effluent exhaust.
The RM and CEMS locations need not be the same, however the
difference may contribute to failure of the CEMS to pass the RA
test, thus they should be as close as possible without causing
interference with one another. The equivalent duct diameter is
calculated as per 40 CFR part 60, Appendix A, Method 1, Section 2.1.
Selection of traverse measurement point locations should be made
according to 40 CFR part 60, Appendix A, Method 1, Sections 2.2 and
2.3. If the RM traverse line interferes with or is interfered by the
CEMS measurements, the line may be displaced up to 30 cm (or 5
percent of the equivalent diameter of the cross section, whichever
is less) from the centroidal area.

4. Performance and Equipment Specifications

4.1 Span and Data Recorder Scale.
4.1.1 Span. The span of the instrument shall be three times the
applicable emission limit. The span value shall be documented by the
CEMS manufacturer with laboratory data.
4.1.2 Data Recorder Scale. The CEMS data recorder response
range must include zero and a high level value. The high level value
must be equal to the span value. If a lower high level value is
used, the CEMS must have the capability of providing multiple
outputs with different high level values (one of which is equal to
the span value) or be capable of automatically changing the high
level value as required (up to the span value) such that the
measured value does not exceed 95 percent of the high level value.
4.2 CEMS Response Calibration Specifications. The CEMS response
calibration relation must meet the following specifications.
4.2.1 Correlation Coefficient. The correlation coefficient
shall be >= 0.90.
4.2.2 Confidence Interval. The confidence interval (95 percent)
at the emission limit shall be within ±20 percent of the
emission limit value.
4.2.3 Tolerance Interval. The tolerance interval at the
emission limit shall have 95 percent confidence that 75 percent of
all possible values are within ±35 percent of the
emission limit value.
4.3 Calibration Drift. The CEMS design must allow the
determination of calibration drift at concentration levels
commensurate with the applicable emission standard. The CEMS
calibration may not drift or deviate from the reference value (RV)
of the calibration standard by more than 2 percent of the reference
value. The calibration shall be performed at a point equal to 80 to
120 percent of the applicable emission standard.
4.4 Zero Drift. The CEMS design must allow the determination of
calibration drift at the zero level (zero drift). If this is not
possible or practicable, the design must allow the zero drift
determination to be made at a low level value (zero to 20 percent of
the emission limit value). The CEMS zero point shall not drift by
more than 2 percent of the emission standard.
4.5 Sampling and Response Time. The CEMS shall sample the stack
effluent continuously. Averaging time, the number of measurements in
an average, and the averaging procedure for reporting and
determining compliance shall conform with that specified in the
applicable emission regulation.
4.5.1 Response Time. The response time of the CEMS should not
exceed 2 minutes to achieve 95 percent of the final stable value.
The response time shall be documented by the CEMS manufacturer.
4.5.2 Response Time for Batch CEMS. The response time
requirement of Section 4.5.1 does not apply to batch CEMS. Instead
it is required that the sampling time be no longer than one third of
the averaging period for the applicable standard. In addition, the
delay between the end of the sampling time and reporting of the
sample analysis shall be no greater than one hour. Sampling is also
required to be continuous except in that the pause in sampling when
the sample collection media are changed should be no greater than
five percent of the averaging period or five minutes, whichever is
less.

5. Performance Specification Test Procedure

5.1 Pretest Preparation. Install the CEMS and prepare the RM
test site according to the specifications in Section 3, and prepare
the CEMS for operation according to the manufacturer's written
instructions.
5.2 Calibration and Zero Drift Test Period. While the affected
facility is operating at more than 50 percent of normal load, or as
specified in an applicable subpart, determine the magnitude of the
calibration drift (CD) and zero drift (ZD) once each day (at 24-hour
intervals) for 7 consecutive days according to the procedure given
in Section 6. To meet the requirements of Sections 4.3 and 4.4 none
of the CD's or ZD's may exceed the specification. All CD
determinations must be made following a 24-hour period during which
no unscheduled maintenance, repair, or manual adjustment of the CEMS
took place.
5.3 CEMS Response Calibration Period. Calibrate the CEMS
response following the CD test period. Conduct the calibration
according to the procedure given in Section 7 while the affected
facility is operating at more than 50 percent of normal load, or as
specified in the applicable subpart.

[[Page 17504]]

6.0 The CEMS Calibration and Zero Drift Test Procedure

This performance specification is designed to allow calibration
of the CEMS by use of calibration standard that challenges the
pollutant analyzer part of the CEMS (and as much of the whole system
as possible), but which does not challenge the entire CEMS,
including the sampling interface. Satisfactory response of the
entire system is covered by the CEMS response calibration
requirements.
The CD measurement is to verify the ability of the CEMS to
conform to the established CEMS response calibration used for
determining the emission concentration. Therefore, if periodic
automatic or manual adjustments are made to the CEMS zero and
calibration settings, conduct the CD test immediately before the
adjustments, or conduct it in such a way that the CD and ZD can be
determined.
Conduct the CD and ZD tests at the points specified in Sections
4.3 and 4.4. Record the CEMS response and calculate the CD according
to:
[GRAPHIC] [TIFF OMITTED] TP19AP96.008

Where ZD denotes the zero drift of the CEMS in percent, R_CEM is
the CEMS response, R_V is the reference value of the low level
calibration standard, and R_EM is the emission limit value.

7. CEMS Response Calibration Procedure

7.1 Sampling Strategy for Response Calibration. The CEMS
response calibration is carried out in order to verify and calibrate
the performance of the entire CEMS system, including the sampling
interface, by comparison to RM measurements. Conduct the RM
measurements in such a way that they will yield results
representative of the emissions from the source and can be
correlated to the CEMS data. Although it is preferable to conduct
the diluent (if applicable), moisture (if needed), and pollutant
measurements simultaneously, the diluent and moisture measurements
that are taken within a 30 to 60-minute period, which includes the
pollutant measurements, may be used to calculate dry pollutant
concentration.
7.2 Correlation of RM and CEMS Data. In order to correlate the
CEMS and RM data properly, note the beginning and end of each RM
test period of each run (including the exact time of day) in the
CEMS data log. Correlate the CEMS and RM test data as to the time
and duration by first determining from the CEMS final output (the
one used for reporting) the integrated average pollutant
concentration for each RM test period. Consider system response
time, if important, and confirm that the pair of results are on a
consistent moisture, temperature, and diluent concentration basis.
Then compare each integrated CEMS value against the corresponding
average RM value.
7.3 Number of tests. The CEMS response calibration shall be
carried out by making simultaneous CEMS and RM measurements at three
(or more) different levels of particulate mass concentrations. Three
(or more) sets of measurements shall be obtained at each level. A
total of at least 15 measurements shall be obtained. The different
levels of particulate mass concentration should be obtained by
varying the process conditions as much as the process allows within
the range of normal operation. Alternatively, emission levels may be
varied by adjusting the particulate control system. It is
recommended that the CEMS be calibrated over PM levels ranging from
a minimum normal level to a level roughly twice the emission limit,
as this will provide the smallest confidence interval bounds on the
calibration relation at the emission limit level.
7.4 Reference Methods. Unless otherwise specified in an
applicable subpart of the regulations, Method 3B, or its approved
alternative, is the reference method for diluent (O₂)
concentration. Unless otherwise specified in an applicable subpart
of the regulations, Method 5 (40 CFR Part 60, Appendix A), or its
approved alternative, is the reference method for particulate matter
mass concentration.
7.5 Calculations. Summarize the results on a data sheet. An
example is shown is shown in Figure 2-2 of 40 CFR part 60, Appendix
B, Performance Specification 2. Calculate the calibration relation,
correlation coefficient, and confidence and tolerance intervals
using the equations in Section 8.

8. Equations

8.1 Linear Calibration Relation. A linear calibration relation
may be calculated from the calibration data by performing a linear
least squares regression. The CEMS data are taken as the x values,
and the reference method data as the y values. The calibration
relation, which gives the predicted mass emission, y, based on the
CEMS response x, is given by
[GRAPHIC] [TIFF OMITTED] TP19AP96.010

where:
[GRAPHIC] [TIFF OMITTED] TP19AP96.011

and
[GRAPHIC] [TIFF OMITTED] TP19AP96.012

The mean values of the data sets are given by
[GRAPHIC] [TIFF OMITTED] TP19AP96.013

Where x_i and y_i are the absolute values of the individual
measurements and n is the number of data points. The values
S_xx, S_yy, and S_xy are given by
[GRAPHIC] [TIFF OMITTED] TP19AP96.014

From which the scatter of y values about the regression line
(calibration relation) s_L can be determined:
[GRAPHIC] [TIFF OMITTED] TP19AP96.015

The two-sided confidence interval y_c for the predicted
concentration y at point x is given by
[GRAPHIC] [TIFF OMITTED] TP19AP96.016

The two-sided tolerance interval y_t for the regression line is
given by
[GRAPHIC] [TIFF OMITTED] TP19AP96.017

At the point x with k_T=un' v_f and f=n-, where
[GRAPHIC] [TIFF OMITTED] TP19AP96.018

The tolerance factor un' for 75 percent of the population is given
in Table I as a function of n'. The factor v_f as a function of
f is also given in Table I as well as the t-factor at the 95 percent
confidence level.
The correlation coefficient r may be calculated from
[GRAPHIC] [TIFF OMITTED] TP19AP96.019

Table I.--Factors for Calculation of Confidence and Tolerance Intervals
------------------------------------------------------------------------
f t_f v_f n' un' (75)
------------------------------------------------------------------------
7............ 2.365 1.7972 7 1.233
8............ 2.306 1.7110 8 1.223
9............ 2.262 1.6452 9 1.214
10........... 2.228 1.5931 10 1.208
11........... 2.201 1.5506 11 1.203
12........... 2.179 1.5153 12 1.199
13........... 2.160 1.4854 13 1.195
14........... 2.145 1.4597 14 1.192
15........... 2.131 1.4373 15 1.189
16........... 2.120 1.4176 16 1.187
17........... 2.110 1.4001 17 1.185
18........... 2.101 1.3845 18 1.183
19........... 2.093 1.3704 19 1.181
20........... 2.086 1.3576 20 1.179
21........... 2.080 1.3460 21 1.178
22........... 2.074 1.3353 22 1.177
23........... 2.069 1.3255 23 1.175
24........... 2.064 1.3165 24 1.174
25........... 2.060 1.3081 25 1.173
------------------------------------------------------------------------

8.2 Quadratic Calibration Relation. In some cases a quadratic
regression will provide a better fit to the calibration data than a
linear regression. If a quadratic regression is used to determine a
calibration

[[Page 17505]]

relation, a test to determine if the quadratic regression gives a
better fit to the data than a linear regression must be performed,
and the relation with the best fit must be used.
8.2.1 Quadratic Regression. A least-squares quadratic
regression gives the best fit coefficients b₀, b₁, and
b₂ for the calibration relation:
[GRAPHIC] [TIFF OMITTED] TP19AP96.020

The coefficients b₀, b₁, and b₂ are determined from
the solution to the matrix equation Ab=B where:
[GRAPHIC] [TIFF OMITTED] TP19AP96.021

The solutions to b₀, b₁, and b₂ are:
[GRAPHIC] [TIFF OMITTED] TP19AP96.022

[GRAPHIC] [TIFF OMITTED] TP19AP96.023

[GRAPHIC] [TIFF OMITTED] TP19AP96.024

Where:
[GRAPHIC] [TIFF OMITTED] TP19AP96.025

8.2.2 Confidence Interval. For any positive value of x, the
confidence interval is given by:
[GRAPHIC] [TIFF OMITTED] TP19AP96.026

Where:
[GRAPHIC] [TIFF OMITTED] TP19AP96.027

[GRAPHIC] [TIFF OMITTED] TP19AP96.028

The C coefficients are given below:
[GRAPHIC] [TIFF OMITTED] TP19AP96.029

Where:

[[Page 17506]]

[GRAPHIC] [TIFF OMITTED] TP19AP96.030

8.2.3 Tolerance Interval. For any positive value of x, the
tolerance interval is given by:
[GRAPHIC] [TIFF OMITTED] TP19AP96.031

Where:
[GRAPHIC] [TIFF OMITTED] TP19AP96.032

[GRAPHIC] [TIFF OMITTED] TP19AP96.033

The v_f and u_n, factors can also be found in Table I.
8.3 Test to Determine Best Regression Fit. The test to
determine if the fit using a quadratic regression is better than the
fit using a linear regression is based on the values of s calculated
in the two formulations. If s_L denotes the value of s from the
linear regression and s_Q the value of s from the quadratic
regression, then the quadratic regression gives a better fit at the
95 percent confidence level if the following relationship is
fulfilled:
[GRAPHIC] [TIFF OMITTED] TP19AP96.034

With f = n-3 and the value of F_f at the 95 percent confidence
level as a function of f taken from Table II below.

Table II.--Values for F_f
------------------------------------------------------------------------
f F_f f F
------------------------------------------------------------------------
1....................................... 161.4 16 4.49
2....................................... 18.51 17 4.45
3....................................... 10.13 18 4.41
4....................................... 7.71 19 4.38
5....................................... 6.61 20 4.35
6....................................... 5.99 22 4.30
7....................................... 5.59 24 4.26
8....................................... 5.32 26 4.23
9....................................... 5.12 28 4.20
10...................................... 4.96 30 4.17
11...................................... 4.84 40 4.08
12...................................... 4.75 50 4.03
13...................................... 4.67 60 4.00
14...................................... 4.60 80 3.96
15...................................... 4.54 100 3.94
------------------------------------------------------------------------

9. Reporting

At a minimum (check with the appropriate regional office, or
State, or local agency for additional requirements, if any)
summarize in tabular form the results of the CD tests and the CEMS
response calibration. Include all data sheets, calculations, and
records of CEMS response necessary to substantiate that the
performance of the CEMS met the performance specifications.
The CEMS measurements shall be reported to the agency in units of
mg/m³ on a dry basis, corrected to 20 deg.C and 7 percent O₂.

10. Bibliography

1. 40 CFR part 60, Appendix B, ''Performance Specification 2--
Specifications and Test Procedures for SO₂ and NO_x
Continuous Emission Monitoring Systems in Stationary Sources.''
2. 40 CFR part 60, Appendix B, ''Performance Specification 1--
Specification and Test Procedures for Opacity Continuous Emission
Monitoring Systems in Stationary Sources.''
3. 40 CFR part 60, Appendix A, ''Method 1--Sample and Velocity
Traverses for Stationary Sources.''
4. 40 CFR part 266, Appendix IX, Section 2, ''Performance
Specifications for Continuous Emission Monitoring Systems.''
5. ISO 10155, ''Stationary Source Emissions--Automated
Monitoring of Mass Concentrations of Particles: Performance
Characteristics, Test Procedures, and Specifications,'' available
from ANSI.
6. G. Box, W. Hunter, J. Hunter, Statistics for Experimenters
(Wiley, New York, 1978).
7. M. Spiegel, Mathematical Handbook of Formulas and Tables
(McGraw-Hill, New York, 1968).
Performance Specification 12--Specifications and test procedures
for total mercury continuous monitoring systems in stationary
sources.

1. Applicability and Principle

1.1 Applicability. This specification is to be used for
evaluating the acceptability of total mercury continuous emission
monitoring systems (CEMS) at the time of or soon after installation
and whenever specified in the regulations. The CEMS must be capable
of measuring the total concentration (regardless of speciation) of
both vapor and solid phase mercury. The CEMS may include, for
certain stationary sources, (a) a diluent (O₂) monitor (which
must meet its own performance specifications: 40 CFR part 60,
Appendix B, Performance Specification 3), (b) flow monitoring
equipment to allow measurement of the dry volume of stack effluent
sampled, and (c) an automatic sampling system.
This specification is not designed to evaluate the installed
CEMS' performance over an extended period of time nor does it
identify specific calibration techniques and auxiliary procedures to
assess the CEMS' performance. The source owner or operator, however,
is responsible to properly calibrate, maintain, and operate the
CEMS. To evaluate the CEMS' performance, the Administrator may
require, under Section 114 of the Act, the operator to conduct CEMS
performance evaluations at other times besides the initial test.
1.2 Principle. Installation and measurement location
specifications, performance specifications, test procedures, and
data reduction procedures are included in this specification.
Reference method tests, calibration error tests, and calibration
drift tests, and interferant tests are conducted to determine
conformance of the CEMS with the specification. Calibration error is
assessed with standards for elemental mercury (Hg(0)) and mercuric
chloride (HgCl₂). The ability of the CEMS to provide a measure
of total mercury (regardless of speciation and phase) at the
facility at which it is installed is demonstrated by comparison to
manual reference method measurements.

2. Definitions

2.1 Continuous Emission Monitoring System (CEMS). The total
equipment required for the determination of a pollutant
concentration. The system consists of the following major
subsystems:
2.1.1 Sample Interface. That portion of the CEMS used for one
or more of the following: sample acquisition, sample transport, and
sample conditioning, or protection of the monitor from the effects
of the stack effluent.
2.1.2 Pollutant Analyzer. That portion of the CEMS that senses
the pollutant concentration(s) and generates a proportional output.
2.1.3 Diluent Analyzer (if applicable). That portion of the
CEMS that senses the diluent gas (O₂) and generates an output
proportional to the gas concentration.
2.1.4 Data Recorder. That portion of the CEMS that provides a
permanent record of the analyzer output. The data recorder may
provide automatic data reduction and CEMS control capabilities.
2.2 Point CEMS. A CEMS that measures the pollutant
concentrations either at a single point or along a path equal to or
less than 10 percent of the equivalent diameter of the stack or duct
cross section.
2.3 Path CEMS. A CEMS that measures the pollutant
concentrations along a path greater than 10 percent of the
equivalent diameter of the stack or duct cross section.
2.4 Span Value. The upper limit of a pollutant concentration
measurement range defined as twenty times the applicable emission
limit. The span value shall be documented by the CEMS manufacturer
with laboratory data.
2.5 Relative Accuracy (RA). The absolute mean difference
between the pollutant concentration(s) determined by the CEMS and
the value determined by the reference method (RM) plus the 2.5
percent error confidence coefficient of a series of tests divided by
the mean of the RM tests or the applicable emission limit.
2.6 Calibration Drift (CD). The difference in the CEMS output
readings from the established reference value after a stated period
of operation during which no unscheduled maintenance, repair, or
adjustment took place.
2.7 Zero Drift (ZD). The difference in the CEMS output readings
for zero input after a stated period of operation during which no
unscheduled maintenance, repair, or adjustment took place.
2.8 Representative Results. Defined by the RA test procedure
defined in this specification.
2.9 Response Time. The time interval between the start of a
step change in the

[[Page 17507]]

system input and the time when the pollutant analyzer output reaches
95 percent of the final value.
2.10 Centroidal Area. A concentric area that is geometrically
similar to the stack or duct cross section and is no greater than 1
percent of the stack or duct cross sectional area.
2.11 Batch Sampling. Batch sampling refers to the technique of
sampling the stack effluent continuously and concentrating the
pollutant in some capture medium. Analysis is performed periodically
after sufficient time has elapsed to concentrate the pollutant to
levels detectable by the analyzer.
2.12 Calibration Standard. Calibration standards consist of a
known amount of pollutant that is presented to the pollutant
analyzer portion of the CEMS in order to calibrate the drift or
response of the analyzer. The calibration standard may be, for
example, a solution containing a known concentration, or a filter
with a known mass loading or composition.
2.13 Calibration Error (CE). The difference between the
concentration indicated by the CEMS and the known concentration
generated by a calibration source when the entire CEMS, including
the sampling interface) is challenged. A CE test procedure is
performed to document the accuracy and linearity of the CEMS over
the entire measurement range.

3. Installation and Measurement Location Specifications

3.1 The CEMS Installation and measurement location. Install the
CEMS at an accessible location downstream of all pollution control
equipment where the mercury concentration measurements are directly
representative or can be corrected so as to be representative of the
total emissions from the affected facility. Then select
representative measurement points or paths for monitoring in
locations that the CEMS will pass the RA test (see Section 7). If
the cause of failure to meet the RA test is determined to be the
measurement location and a satisfactory correction technique cannot
be established, the Administrator may require the CEMS to be
relocated.
Measurement locations and points or paths that are most likely
to provide data that will meet the RA requirements are listed below.
3.1.1 Measurement Location. The measurement location should be
(1) at least eight equivalent diameters downstream of the nearest
control device, point of pollutant generation, bend, or other point
at which a change of pollutant concentration or flow disturbance may
occur and (2) at least two equivalent diameters upstream from the
effluent exhaust. The equivalent duct diameter is calculated as per
40 CFR part 60, Appendix A, Method 1, Section 2.1.
3.1.2 Point CEMS. The measurement point should be (1) no less
than 1.0 meter from the stack or duct wall or (2) within or
centrally located over the centroidal area of the stack or duct
cross section. Selection of traverse points to determine the
representativeness of the measurement location should be made
according to 40 CFR part 60, Appendix A, Method 1, Section 2.2 and
2.3.
3.1.3 Path CEMS. The effective measurement path should be (1)
totally within the inner area bounded by a line 1.0 meter from the
stack or duct wall, or (2) have at least 70 percent of the path
within the inner 50 percent of the stack or duct cross sectional
area, or (3) be centrally located over any part of the centroidal
area.
3.2 Reference Method (RM) Measurement Location and Traverse
Points. The RM measurement location should be (1) at least eight
equivalent diameters downstream of the nearest control device, point
of pollutant generation, bend, or other point at which a change of
pollutant concentration or flow disturbance may occur and (2) at
least two equivalent diameters upstream from the effluent exhaust.
The RM and CEMS locations need not be the same, however the
difference may contribute to failure of the CEMS to pass the RA
test, thus they should be as close as possible without causing
interference with one another. The equivalent duct diameter is
calculated as per 40 CFR part 60, Appendix A, Method 1, Section 2.1.
Selection of traverse measurement point locations should be made
according to 40 CFR part 60, Appendix A, Method 1, Sections 2.2 and
2.3. If the RM traverse line interferes with or is interfered by the
CEMS measurements, the line may be displaced up to 30 cm (or 5
percent of the equivalent diameter of the cross section, whichever
is less) from the centroidal area.

4. Performance and Equipment Specifications

4.1 Data Recorder Scale. The CEMS data recorder response range
must include zero and a high level value. The high level value must
be equal to the span value. If a lower high level value is used, the
CEMS must have the capability of providing multiple outputs with
different high level values (one of which is equal to the span
value) or be capable of automatically changing the high level value
as required (up to the span value) such that the measured value does
not exceed 95 percent of the high level value.
4.2 Relative Accuracy (RA). The RA of the CEMS must be no
greater than 20 percent of the mean value of the RM test data in
terms of units of the emission standard, or 10 percent of the
applicable standard, whichever is greater.
4.3 Calibration Error. Calibration error is assessed using
standards for Hg(0) and HgCl₂. The mean difference between the
indicated CEMS concentration and the reference concentration value
for each standard at all three test levels listed below shall be no
greater than ±15 percent of the reference concentration
at each level.
4.3.1 Zero Level. Zero to twenty (0-20) percent of the emission
limit.
4.3.2 Mid-Level. Forty to sixty (40-60) percent of the emission
limit.
4.3.3 High-Level. Eighty to one-hundred and twenty (80-120)
percent of the emission limit.
4.4 Calibration Drift. The CEMS design must allow the
determination of calibration drift of the pollutant analyzer at
concentration levels commensurate with the applicable emission
standard. The CEMS calibration may not drift or deviate from the
reference value (RV) of the calibration standard by more than 10
percent of the emission limit. The calibration shall be performed at
a level equal to 80 to 120 percent of the applicable emission
standard. Calibration drift shall be evaluated for elemental mercury
only.
4.5 Zero Drift. The CEMS design must allow the determination of
calibration drift at the zero level (zero drift). The CEMS zero
point shall not drift by more than 5 percent of the emission
standard.
4.6 Sampling and Response Time. The CEMS shall sample the stack
effluent continuously. Averaging time, the number of measurements in
an average, and the averaging procedure for reporting and
determining compliance shall conform with that specified in the
applicable emission regulation.
4.6.1 Response Time. The response time of the CEMS should not
exceed 2 minutes to achieve 95 percent of the final stable value.
The response time shall be documented by the CEMS manufacturer.
4.6.2 Waiver from Response Time Requirement. A source owner or
operator may receive a waiver from the response time requirement for
instantaneous, continuous CEMS in section 4.5.1 from the Agency if
no CEM is available which can meet this specification at the time of
purchase of the CEMS.
4.6.3 Response Time for Batch CEMS. The response time
requirement of Section 4.5.1 does not apply to batch CEMS. Instead
it is required that the sampling time be no longer than one third of
the averaging period for the applicable standard. In addition, the
delay between the end of the sampling time and reporting of the
sample analysis shall be no greater than one hour. Sampling is also
required to be continuous except in that the pause in sampling when
the sample collection media are changed should be no greater than
five percent of the averaging period or five minutes, whichever is
less.
4.7 CEMS Interference Response. While the CEMS is measuring the
concentration of mercury in the high-level calibration sources used
to conduct the CE test the gaseous components (in nitrogen) listed
in Table I shall be introduced into the measurement system either
separately or in combination. The interference test gases must be
introduced in such a way as to cause no change in the mercury or
mercuric chloride calibration concentration being delivered to the
CEMS. The concentrations listed in the table are the target levels
at the sampling interface of the CEMS based on the known cylinder
gas concentrations and the extent of dilution (see Section 9).
Interference is defined as the difference between the CEMS response
with these components present and absent. The sum of the
interferences must be less than 10 percent of the emission limit
value. If this level of interference is exceeded, then corrective
action to eliminate the interference(s) must be taken.

[[Page 17508]]

Table I.--Interference Test Gas Concentrations in Nitrogen
-----------------------------------------------------------------------

Gas Concentration

-----------------------------------------------------------------------
Carbon Monoxide........................ 500<plus-minus>50 ppm.
Carbon Dioxide......................... 10<plus-minus>1 percent.
Oxygen................................. 20.9<plus-minus>1 percent.
Sulfur Dioxide......................... 500<plus-minus>50 ppm.
Nitrogen Dioxide....................... 250<plus-minus>25 ppm.
Water Vapor............................ 25<plus-minus>5 percent.
Hydrogen Chloride (HCl)................ 50<plus-minus>5 ppm.
Chlorine (Cl₂)......................... 10<plus-minus>1 ppm.
-----------------------------------------------------------------------

4.8 Calibration Source Requirements for Assessment of
Calibration Error. The calibration source must permit the
introduction of known (NIST traceable) and repeatable concentrations
of elemental mercury (Hg(0)) and mercuric chloride (HgCl₂) into
the sampling system of the CEMS. The CEMS manufacturer shall
document the performance of the calibration source, and submit this
documentation and a calibration protocol to the administrator for
approval. Determination of CEMS calibration error must then be made
in using the approved calibration source and in accordance with the
approved protocol.
4.8.1 Design Considerations. The calibration source must be
designed so that the flowrate of calibration gas introduced to the
CEMS is the same at all three calibration levels specified in
Section 4.3 and at all times exceeds the flow requirements of the
CEMS.
4.8.2 Calibration Precision. A series of three injections of
the same calibration gas, at any dilution, shall produce results
which do not vary by more than <plus-minus>5 percent from the mean
of the three injections. Failure to attain this level of precision
is an indication of a problem in the calibration system or the CEMS.
Any such problem must be identified and corrected before proceeding.

5. Performance Specification Test Procedure

5.1 Pretest Preparation. Install the CEMS and prepare the RM
test site according to the specifications in Section 3, and prepare
the CEMS for operation according to the manufacturer's written
instructions.
5.2 Calibration and Zero Drift Test Period. While the affected
facility is operating at more than 50 percent of normal load, or as
specified in an applicable subpart, determine the magnitude of the
calibration drift (CD) and zero drift (ZD) once each day (at 24-hour
intervals) for 7 consecutive days according to the procedure given
in Section 6. To meet the requirements of Sections 4.4 and 4.5 none
of the CD's or ZD's may exceed the specification. All CD
determinations must be made following a 24-hour period during which
no unscheduled maintenance, repair, or manual adjustment of the CEMS
took place.
5.3 CE Test Period. Conduct a CE test prior to the CD test
period. Conduct the CE test according to the procedure given in
Section 8.
5.4 CEMS Interference Response Test Period. Conduct an
interference response test in conjunction with the CE test according
to the procedure given in Section 9.
5.5 RA Test Period. Conduct a RA test following the CD test
period. Conduct the RA test according to the procedure given in
Section 7 while the affected facility is operating at more than 50
percent of normal load, or as specified in the applicable subpart.

6.0 The CEMS Calibration and Zero Drift Test Procedure

This performance specification is designed to allow calibration
of the CEMS by use of standard solutions, filters, etc. that
challenge the pollutant analyzer part of the CEMS (and as much of
the whole system as possible), but which do not challenge the entire
CEMS, including the sampling interface. Satisfactory response of the
entire system is covered by the RA and CE requirements.
The CD measurement is to verify the ability of the CEMS to
conform to the established CEMS calibration used for determining the
emission concentration. Therefore, if periodic automatic or manual
adjustments are made to the CEMS zero and calibration settings,
conduct the CD test immediately before the adjustments, or conduct
it in such a way that the CD and ZD can be determined.
Conduct the CD and ZD tests at the points specified in Sections
4.4 and 4.5. Record the CEMS response and calculate the CD according
to:
[GRAPHIC] [TIFF OMITTED] TP19AP96.035

Where ZD denotes the zero drift of the CEMS in percent, R_CEM is
the CEMS response, R_V is the reference value of the low level
calibration standard, and R_EM is the emission limit value.

7. Relative Accuracy Test Procedure

8. Calibration Error Test Procedure

8.1 Sampling Strategy. The CEMS calibration error shall be
assessed using calibration sources of elemental mercury and mercuric
chloride in turn (see Section 4.8 for calibration source
requirements). Challenge the CEMS at the measurement levels
specified in Section 4.3. During the test, operate the CEMS as
nearly as possible in its normal operating mode. The calibration
gases should be injected into the sampling system as close to the
sampling probe outlet as practical and shall pass through all
filters, scrubbers, conditioners, and other monitor components used
during normal sampling.
8.2 Number of tests. Challenge the CEMS three non-consecutive
times at each measurement point and record the responses. The
duration of each challenge should be for a sufficient period of time
to ensure that the CEMS surfaces are conditioned and a stable output
obtained.
8.3 Calculations. Summarize the results on a data sheet.
Calculate the mean difference between the CEMS response and the
known reference concentration at each measurement point according to
equations 5 and 6 of Section 10. The calibration error (CE) at each
measurement point is then given by
[GRAPHIC] [TIFF OMITTED] TP19AP96.037

[[Page 17509]]

Where R_V is the reference concentration value.

9. Interference Response Test Procedure

9.1 Test Strategy. Perform the interference response test while
the CEMS is being challenged by the high level calibration source
for mercury (after the CE determination has been made), and again
while the CEMS is being challenged by the high level calibration
source for mercuric chloride (after the CE determination has been
made). The interference test gases should be injected into the
sampling system as close to the sampling probe outlet as practical
and shall pass through all filters, scrubbers, conditioners, and
other monitor components used during normal sampling.
9.2 Number of tests. Introduce the interference test gas three
times alternately with the high-level calibration gas and record the
responses both with and without the interference test gas. The
duration of each test should be for a sufficient period of time to
ensure that the CEMS surfaces are conditioned and a stable output
obtained.
9.3 Calculations. Summarize the results on a data sheet.
Calculate the mean difference between the CEMS response with and
without the interference test gas by taking the average of the CEMS
responses with and without the interference test gas (see equation
5) and then taking the difference (d). The percent interference (I)
is then given by:
[GRAPHIC] [TIFF OMITTED] TP19AP96.038

Where R_HL is the value of the high-level calibration standard.
If the gaseous components of the interference test gas are
introduced separately, then the total interference is the sum of the
individual interferences.

10. Equations

10.1 Arithmetic Mean. Calculate the arithmetic mean of a data
set as follows:
[GRAPHIC] [TIFF OMITTED] TP19AP96.039

Where n is equal to the number of data points.
10.1.1 Calculate the arithmetic mean of the difference, d, of a
data set, using Equation 5 and substituting d for x. Then
[GRAPHIC] [TIFF OMITTED] TP19AP96.040

Where x and y are paired data points from the CEMS and RM,
respectively.
10.2 Standard Deviation. Calculate the standard deviation (SD)
of a data set as follows:
[GRAPHIC] [TIFF OMITTED] TP19AP96.041

10.3 Relative Accuracy (RA). Calculate the RA as follows:
[GRAPHIC] [TIFF OMITTED] TP19AP96.042

Where d is equal to the arithmetic mean of the difference, d, of the
paired CEMS and RM data set, calculated according to Equations 5 and
6, SD is the standard deviation calculated according to Equation 7,
R_RM is equal to either the average of the RM data set,
calculated according to Equation 5, or the value of the emission
standard, as applicable (see Section 4.2), and t_0.975 is the tvalue
at 2.5 percent error confidence, see Table II.

Table II
[t-Values]

-----------------------------------------------------------------------
n^{a t_0.975 n_a t_0.975 n^{a t_0.975
-----------------------------------------------------------------------
2................ 12.706 7 2.447 12 2.201
3................ 4.303 8 2.365 13 2.179
4................ 3.182 9 2.306 14 2.160
5................ 2.776 10 2.262 15 2.145
6................ 2.571 11 2.228 16 2.131
-----------------------------------------------------------------------
^{a The values in this table are already corrected for n-1 degrees of freedom. Use n equal to the number of
individual values.

11. Reporting

At a minimum (check with the appropriate regional office, or
State, or local agency for additional requirements, if any)
summarize in tabular form the results of the CE, interference
response, CD and RA tests. Include all data sheets, calculations,
and records of CEMS response necessary to substantiate that the
performance of the CEMS met the performance specifications.
The CEMS measurements shall be reported to the agency in units
of <&micro;>g/m^{3 on a dry basis, corrected to 20 deg.C and 7
percent O₂.

12. Bibliography

40 CFR Part 60, Appendix B, ''Performance Specification 2--
Specifications and Test Procedures for SO₂ and NO_X
Continuous Emission Monitoring Systems in Stationary Sources.''
40 CFR Part 60, Appendix B, ''Performance Specification 1--
Specification and Test Procedures for Opacity Continuous Emission
Monitoring Systems in Stationary Sources.''
40 CFR Part 60, Appendix A, ''Method 1--Sample and Velocity
Traverses for Stationary Sources.''
40 CFR Part 266, Appendix IX, Section 2, ''Performance
Specifications for Continuous Emission Monitoring Systems.''
Draft Method 29, ''Determination of Metals Emissions from
Stationary Sources,'' Docket A-90-45, Item II-B-12, and EMTIC CTM-
012.WPF.
''Continuous Emission Monitoring Technology Survey for
Incinerators, Boilers, and Industrial Furnaces: Final Report for
Metals CEM's,'' prepared for the Office of Solid Waste, U.S. EPA,
Contract No. 68-D2-0164 (4/25/94).
40 CFR Part 60, Appendix A, Method 16, ''Semicontinuous
Determination of Sulfur Emissions from Stationary Sources.''
40 CFR Part 266, Appendix IX, Performance Specification 2.2,
''Performance Specifications for Continuous Emission Monitoring of
Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces
Burning Hazardous Waste.''
Performance Specification 13--Specifications and test procedures
for hydrochloric acid continuous monitoring systems in stationary
sources

Applicability and Principle

1.1 Applicability. This specification is to be used for
evaluating the acceptability of hydrogen chloride (HCl) continuous
emission monitoring systems (CEMS) at the time of or soon after
installation and whenever specified in the pertinent regulations.
Some source specific regulations require the simultaneous operation
of diluent monitors. These may be O₂ or CO₂ monitors.
This specification does not evaluate the performance of
installed CEMS over extended periods of time. The specification does
not identify specific calibration techniques or other auxiliary
procedures that will assess the CEMS performance. Section 114 of the
Act authorizes the administrator to require the operator of the CEMS
to conduct performance evaluations at times other than immediately
following the initial installation.
This specification is only applicable to monitors that
unequivocally measure the concentration of HCl in the gas phase. It
is not applicable to CEMS that do not measure gas phase HCl, per se,
or CEMS that may have significant interferences. The Administrator
believes that HCl CEMS must measure the concentration of gaseous HCl
thereby eliminating interferences from volatile inorganic and/or
organic chlorinated compounds. CEMS that are based upon infrared
measurement techniques, non-dispersive infrared (NDIR), gas filter
correlation infrared (GFC-IR) and Fourier Transform infrared (FTIR)
are examples of acceptable measurement techniques. Other measurement
techniques that unequivocally

[[Page 17510]]

measure the concentration of HCl in the gas phase may also be
acceptable.
1.2 Principle. This specification includes installation and
measurement location specifications, performance and equipment
specifications, test procedures, and data reduction procedures. This
specification also provides definitions of acceptable performance.
This specification stipulates that audit gas tests and
calibration drift tests be used to assess the performance of the
CEMS. The determination of the accuracy with which the CEMS measures
HCl is measured by challenging the CEMS with audit gas of known
concentration. There is no absolute determination of interference
with the measurement of gas phase HCl with other constituents in the
stack gases.

2. Definitions

2.1 Continuous Emission Monitoring System. The total equipment
required for the determination of the concentration of a gas or its
emission rate. The CEMS consist of the following subsystems:
2.1.1 Sample Interface. That portion of the CEMS used for one
or more of the following: sample acquisition, sample transportation,
sample conditioning, and protection of the monitor from the effects
of the stack effluent.
2.1.2 Pollutant Analyzer. That portion of the CEMS that senses
the pollutant gas and generates an output that is proportional to
the gas concentration.
2.1.3 Diluent Analyzer. That portion of the CEMS that senses
the concentration of the diluent gas (e.g., CO₂ or O₂) and
generates an output that is proportional to the concentration of the
diluent.
2.1.4 Data Recorder. That portion of the CEMS that provides a
permanent record of the analyzer output. The data recorder may
include automatic data reduction capabilities.
2.2 Point CEMS. A CEMS that measures the gas concentration
either at a single point or along a path equal to or less than 10
percent of the equivalent diameter of the stack or duct cross
section. The equivalent diameter must be determined as specified in
Appendix A, Method 1 of this Part.
2.3 Path CEMS. A CEMS that measures the gas concentration along
a path greater than 10 percent of the equivalent diameter (Appendix
A, Method 1) of the stack of duct cross section.
2.4 Span Value. The upper limit of a gas concentration
measurement range specified for affected source categories in the
applicable subpart of the regulations. The span value shall be
documented by the CEMS manufacturer with laboratory data.
2.5 Accuracy. A measurement of agreement between a measured
value and an accepted or true value, expressed as the percentage
difference between the true and measured values relative to the true
value. For these performance specifications, accuracy is checked by
conducting a calibration error (CE) test.
2.6 Calibration Error (CE). The difference between the
concentration indicated by the CEMS and the known concentration of
the cylinder gas. A CE test procedure is performed to document the
accuracy and linearity of the monitoring equipment over the entire
measurement range.
2.7 Calibration Drift. (CD). The difference between the CEMS
output and the concentration of the calibration gas after a stated
period of operation during which no unscheduled maintenance, repair,
or adjustment took place.
2.8 Centroidal Area. A concentric area that is geometrically
similar to the stack or duct cross section is no greater than 1
percent of the stack or duct cross-sectional area.
2.9 Representative Results. Defined by the RM test procedure
outlined in this specification.

3. Installation and Measurement Location Specifications

3.1 CEMS Installation and Measurement Locations. The CEMS shall
be installed in a location in which measurements representative of
the source's emissions can be obtained. The optimum location of the
sample interface for the CEMS is determined by a number of factors,
including ease of access for calibration and maintenance, the degree
to which sample conditioning will be required, the degree to which
it represents total emissions, and the degree to which it represents
the combustion situation in the firebox. The location should be as
free from in-leakage influences as possible and reasonably free from
severe flow disturbances. The sample location should be at least two
equivalent duct diameters downstream from the nearest control
device, point of pollutant generation, or other point at which a
change in the pollutant concentration or emission rate occurs and at
least 0.5 diameter upstream from the exhaust or control device. The
equivalent duct diameter is calculated as per 40 CFR part 60,
appendix A, method 1, section 2.1. If these criteria are not
achievable or if the location is otherwise less than optimum, the
possibility of stratification should be investigated as described in
section 3.2. The measurement point shall be within the centroidal
area of the stack or duct cross section.
3.1.1 Point CEMS. It is suggested that the measurement point be
(1) no less than 1.0 meter from the stack or duct wall or (2) within
or centrally located over the centroidal area of the stack or duct
cross section.
3.1.2 Path CEMS. It is suggested that the effective measurement
path (1) be totally within the inner area bounded by a line 1.0
meter from the stack or duct wall, or (2) have at least 70 percent
of the path within the inner 50 percent of the stack or duct crosssectional
area.
3.2 Stratification Test Procedure. Stratification is defined as
a difference in excess of 10 percent between the average
concentration in the duct or stack and the concentration at any
point more than 1.0 meter from the duct or stack wall. To determine
whether effluent stratification exists, a dual probe system should
be used to determine the average effluent concentration while
measurements at each traverse point are being made. One probe,
located at the stack or duct centroid, is used as a stationary
reference point to indicate the change in effluent concentration
over time. The second probe is used for sampling at the traverse
points specified in 40 CFR part 60 appendix A, method 1. The
monitoring system samples sequentially at the reference and traverse
points throughout the testing period for five minutes at each point.

4. Performance and Equipment Specifications

4.1 Data Recorder Scale. The CEMS data recorder response range
must include zero and a high-level value. The high-level value is
chosen by the source owner or operator and is defined as follows:
For a CEMS intended to measure an uncontrolled emission (e.g.,
at the inlet of a scrubber) the high-level value must be between
1.25 and 2.0 times the average potential emission concentration,
unless another value is specified in an applicable subpart of the
regulations. For a CEMS installed to measure controlled emissions or
emissions that are in compliance with an applicable regulation, the
high-level value must be between 1.5 times the HCl concentration
corresponding to the emission standard level and the span value. If
a lower high-level value is used, the operator must have the
capability of requirements of the applicable regulations.
The data recorder output must be established so that the highlevel
value is read between 90 and 100 percent of the data recorder
full scale. (This scale requirement may not be applicable to digital
data recorders.) The calibration gas, optical filter or cell values
used to establish the data recorder scale should produce the zero
and high-level values. Alternatively, a calibration gas, optical
filter, or cell value between 50 and 100 percent of the high-level
value may be used in place of the high-level value, provided that
the data recorder full-scale requirements as described above are
met.
The CEMS design must also allow the determination of calibration
drift at the zero and high-level values. If this is not possible or
practicable, the design must allow these determinations to be
conducted at a low-level value (zero to 20 percent of the high-level
value) and at a value between 50 and 100 percent of the high-level
value.
4.2 Calibration Drift. The CEMS calibration must not drift or
deviate from the reference value of the gas cylinder, gas cell, or
optical filter by more than 2.5 percent of the span value. If the
span value of the CEMS is 20 ppm or less then the calibration drift
must be less than 0.5 parts per million, for 6 out of 7 test days.
If the CEMS includes both HCl and diluent monitors, the
calibration drift must be determined separately for each in terms of
concentrations (see PS 3 for the diluent specifications).
4.3 Calibration Error (CE). Calibration error is assessed using
EPA protocol 1 cyinder gases for HCl. The mean difference between
the indicated CEMS concentration and the reference concentration
value for each standard at all three test levels indicated below
shall be no greater than 15 percent of the reference concentration
at each level.
4.3.1 Zero Level. Zero to twenty (0-20) percent of the emission
limit.

[[Page 17511]]

4.3.2 Mid Level. Forty to sixty (40-60) percent of the emission
limit.
4.3.3 High Level. Eighty to one-hundred and twenty (80-120)
percent of the emission limit.
4.4 CEMS Interference Response Test. Introduce the gaseous
components listed in Table PS HCl-1 into the measurement system of
the CEMS, while the measurement system is measuring the
concentration of HCl in a calibration gas. These components may be
introduced separately or as gas mixtures. Adjust the HCl calibration
gas and gaseous component flow rates so as to maintain a constant
concentration of HCl in the gas mixture being introduced into the
measurement system. Record the change in the measurement system
response to the HCl on a form similar to Figure PS HCl-1. If the sum
of the interferences is greater than 2 percent of the applicable
span concentration, take corrective action to eliminate the
interference.

Table PS HCl-1.--Interference Test Gases Concentrations
-----------------------------------------------------------------------
Gas Concentration

-----------------------------------------------------------------------
Carbon Monoxide.............................. 500<plus-minus>50 ppm.
Carbon Dioxide............................... 10<plus-minus>1 percent.
Oxygen....................................... 20.9<plus-minus>1
percent.

Sulfur Dioxide............................... 500<plus-minus>50 ppm.
Water Vapor.................................. 25<plus-minus>5 percent.
Nitrogen Dioxide............................. 250<plus-minus>25 ppm.
-----------------------------------------------------------------------

Figure PS HCl-1--Interference Response

Date of Test-----------------------------------------------------------

Analyzer Type----------------------------------------------------------

Serial Number----------------------------------------------------------

HCl--Calibration Gas Concentration

-----------------------------------------------------------------------
Analyzer Analyzer Percent of
Test gas Concentration response error span

-----------------------------------------------------------------------

Conduct an interference response test of each analyzer prior to
its initial use in the field. Thereafter, re-check the measurement
system if changes are made in the instrumentation that could alter
the interference response, e.g., changes in the type of gas
detector.
4.5 Sampling and Response Time. The CEMS shall sample the stack
effluent continuously. Averaging time, the number of measurements in
an average, and the averaging procedure for reporting and
determining compliance shall conform with that specified in the
applicable emission regulation.
4.5.1 Response Time. The response time of the CEMS should not
exceed 2 minutes to achieve 95 percent of the final stable value.
The response time shall be documented by the CEMS manufacturer.
4.5.2 Waiver from Response Time Requirement. A source owner or
operator may receive a waiver from the response time requirement for
instantaneous, continuous CEMS in section 4.5.1 from the Agency if
no CEM is available which can meet this specification at the time of
purchase of the CEMS.
4.5.3 Response Time for Batch CEMS. The response time
requirement of Section 4.5.1 does not apply to batch CEMS. Instead
it is required that the sampling time be no longer than one third of
the averaging period for the applicable standard. In addition, the
delay between the end of the sampling time and reporting of the
sample analysis shall be no greater than one hour. Sampling is also
required to be continuous except in that the pause in sampling when
the sample collection media are changed should be no greater than
five percent of the averaging period or five minutes, whichever is
less.

5. Performance Specification Test Procedure

5.1 Pretest Preparation. Install the CEMS, prepare the RM test
site according to the specifications in Section 3, and prepare the
CEMS for operation according to the manufacturer's written
instructions.
5.2 Calibration Drift Test Period. While the affected facility
is operating at more than 50 percent of normal load, or as specified
in an applicable subpart, determine the magnitude of the calibration
drift (CD) once each day (at 24-hour intervals) for 7 consecutive
days, according to the procedure given in Section 6. The CD may not
exceed the specification given in Section 4.2.
5.3 CE Test Period. Conduct a CE test prior to the CD test
period. Conduct the CE test according to the procedure given in
section 7.

6. The CEMS Calibration Drift Test Procedure

The CD measurement is to verify the ability of the CEMS to
conform to the established CEMS calibration used for determining the
emission concentration or emission rate. Therefore, if periodic
automated or manual adjustments are made to the CEMS zero and
calibration settings, conduct the CD test immediately before these
adjustments, or conduct it in such a way that the CD can be
determined.
Conduct the CD test at the two points specified in Section 4.1.
Introduce the reference gases, gas cells or optical filters (these
need not be certified) to the CEMS. Record the CEMS response and
subtract this value from the reference value (see the example data
sheet in Figure 2-1).

7. Calibration Error Test Procedure

7.1 Sampling Strategy. The CEMS calibration error shall be
assessed using the calibration source specified in Section 4.3.
Challenge the CEMS at the measurement levels specified in Section
4.3. During the test, operate the CEMS as nearly as possible in its
normal operating mode. The calibration gases should be injected into
the sampling system as close to the sampling probe outlet as
practical and shall pass through all filters, scrubbers,
conditioners, and other monitor components used during normal
sampling.
7.2 Number of tests. Challenge the CEMS three non-consecutive
times at each measurement point and record the responses. The
duration of each challenge should be for a sufficient period of time
to ensure that the CEMS surfaces are conditioned and a stable output
obtained.
7.3 Calculations. Summarize the results on a data sheet.
Calculate the mean difference between the CEMS response and the
known reference concentration at each measurement point according to
equations 1 and 2 of Section 8. The calibration error (CE) at each
measurement point is then given by:

[[Page 17512]]

[GRAPHIC] [TIFF OMITTED] TP19AP96.055

Where R_V is the reference concentration value.

8. Equations

8.1 Arithmetic Mean. Calculate the arithmetic mean of the
difference, d, of a data set as follows:
[GRAPHIC] [TIFF OMITTED] TP19AP96.043

Where:
n=number of data points.
[GRAPHIC] [TIFF OMITTED] TP19AP96.044

When the mean of the differences of pairs of data is calculated, be
sure to correct the data for moisture, if applicable.

9. Reporting

At a minimum (check with the appropriate regional office, or
State, or local agency for additional requirements, if any)
summarize in tabular form the results of the CD tests and the
relative accuracy tests or alternative RA procedure as appropriate.
Include all data sheets, calculations, charts (records of CEMS
responses), cylinder gas concentration certifications (if
applicable), necessary to substantiate that the performance of the
CEMS met the performance specifications.
Performance Specifications 14--Specifications and test
procedures for chlorine continuous monitoring systems in stationary
sources.

Applicability and Principle

1.1 Applicability. This specification is to be used for
evaluating the acceptability of chlorine (Cl₂) continuous
emission monitoring systems (CEMS) at the time of or soon after
installation and whenever specified in the regulations. This
performance specification applies only to those CEMS capable of
directly measuring the gas phase concentration of the chlorine
(Cl₂) molecule. The CEMS may include, for certain stationary
sources, a) a diluent (O₂) monitor (which must meet its own
performance specifications: 40 CFR part 60, Appendix B, Performance
Specification 3), b) flow monitoring equipment to allow measurement
of the dry volume of stack effluent sampled, and c) an automatic
sampling system.
This specification is not designed to evaluate the installed
CEMS' performance over an extended period of time nor does it
identify specific calibration techniques and auxiliary procedures to
assess the CEMS' performance. The source owner or operator, however,
is responsible to properly calibrate, maintain, and operate the
CEMS. To evaluate the CEMS' performance, the Administrator may
require, under Section 114 of the Act, the operator to conduct CEMS
performance evaluations at other times besides the initial test.
1.2 Principle. Installation and measurement location
specifications, performance specifications, test procedures, and
data reduction procedures are included in this specification.
Calibration error tests, and calibration drift tests, and
interferant tests are conducted to determine conformance of the CEMS
with the specification. Calibration error is assessed with cylinder
gas standards for chlorine. The ability of the CEMS to provide an
accurate measure of chlorine concentration in the flue gas of the
facility at which it is installed is demonstrated by comparison to
manual reference method measurements.

2. Definitions

2.1 Continuous Emission Monitoring System (CEMS). The total
equipment required for the determination of a pollutant
concentration. The system consists of the following major
subsystems:
2.1.1 Sample Interface. That portion of the CEMS used for one
or more of the following: sample acquisition, sample transport, and
sample conditioning, or protection of the monitor from the effects
of the stack effluent.
2.1.2 Pollutant Analyzer. That portion of the CEMS that senses
the pollutant concentration(s) and generates a proportional output.
2.1.3 Diluent Analyzer (if applicable). That portion of the
CEMS that senses the diluent gas (O₂) and generates an output
proportional to the gas concentration.
2.1.4 Data Recorder. That portion of the CEMS that provides a
permanent record of the analyzer output. The data recorder may
provide automatic data reduction and CEMS control capabilities.
2.2 Point CEMS. A CEMS that measures the pollutant
concentrations either at a single point or along a path equal to or
less than 10 percent of the equivalent diameter of the stack or duct
cross section.
2.3 Path CEMS. A CEMS that measures the pollutant
concentrations along a path greater than 10 percent of the
equivalent diameter of the stack or duct cross section.
2.4 Span Value. The upper limit of a pollutant concentration
measurement range defined as twenty times the applicable emission
limit. The span value shall be documented by the CEMS manufacturer
with laboratory data.
2.5 Accuracy. A measurement of agreement between a measured
value and an accepted or true value, expressed as the percentage
difference between the true and measured values relative to the true
value. For these performance specifications, accuracy is checked by
conducting a calibration error (CE) test.
2.6 Calibration Drift (CD). The difference in the CEMS output
readings from the established reference value after a stated period
of operation during which no unscheduled maintenance, repair, or
adjustment took place.
2.7 Zero Drift (ZD). The difference in the CEMS output readings
for zero input after a stated period of operation during which no
unscheduled maintenance, repair, or adjustment took place.
2.8 Representative Results. Defined by the RA test procedure
defined in this specification.
2.9 Response Time. The time interval between the start of a
step change in the system input and the time when the pollutant
analyzer output reaches 95 percent of the final value.
2.10 Centroidal Area. A concentric area that is geometrically
similar to the stack or duct cross section and is no greater than 1
percent of the stack or duct cross sectional area.
2.11 Calibration Standard. Calibration standards consist of a
known amount of pollutant that is presented to the pollutant
analyzer portion of the CEMS in order to calibrate the drift or
response of the analyzer. The calibration standard may be, for
example, a gas sample containing known concentration.
2.12 Calibration Error (CE). The difference between the
concentration indicated by the CEMS and the known concentration
generated by a calibration source when the entire CEMS, including
the sampling interface) is challenged. A CE test procedure is
performed to document the accuracy and linearity of the CEMS over
the entire measurement range.

3. Installation and Measurement Location Specifications

3.1 CEMS Installation and Measurement Locations. The CEMS shall
be installed in a location in which measurements representative of
the source's emissions can be obtained. The optimum location of the
sample interface for the CEMS is determined by a number of factors,
including ease of access for calibration and maintenance, the degree
to which sample conditioning will be required, the degree to which
it represents total emissions, and the degree to which it represents
the combustion situation in the firebox. The location should be as
free from in-leakage influences as possible and reasonably free from
severe flow disturbances. The sample location should be at least two
equivalent duct diameters downstream from the nearest control
device, point of pollutant generation, or other point at which a
change in the pollutant concentration or emission rate occurs and at
least 0.5 diameter upstream from the exhaust or control device. The
equivalent duct diameter is calculated as per 40 CFR part 60,
appendix A, method 1, section 2.1. If these criteria are not
achievable or if the location is otherwise less than optimum, the
possibility of stratification should be investigated as described in
section 3.2. The measurement point shall be within the centroidal
area of the stack or duct cross section.
3.1.1 Point CEMS. It is suggested that the measurement point be
(1) no less than 1.0 meter from the stack or duct wall or (2) within
or centrally located over the centroidal area of the stack or duct
cross section.
3.1.2 Path CEMS. It is suggested that the effective measurement
path (1) be totally within the inner area bounded by a line 1.0
meter from the stack or duct wall, or (2) have at least 70 percent
of the path within the inner 50 percent of the stack or duct crosssectional
area.
3.2 Stratification Test Procedure. Stratification is defined as
a difference in

[[Page 17513]]

excess of 10 percent between the average concentration in the duct
or stack and the concentration at any point more than 1.0 meter from
the duct or stack wall. To determine whether effluent stratification
exists, a dual probe system should be used to determine the average
effluent concentration while measurements at each traverse point are
being made. One probe, located at the stack or duct centroid, is
used as a stationary reference point to indicate the change in
effluent concentration over time. The second probe is used for
sampling at the traverse points specified in 40 CFR part 60 appendix
A, method 1. The monitoring system samples sequentially at the
reference and traverse points throughout the testing period for five
minutes at each point.

4. Performance and Equipment Specifications

4.1 Data Recorder Scale. The CEMS data recorder response range
must include zero and a high level value. The high level value must
be equal to the span value. If a lower high level value is used, the
CEMS must have the capability of providing multiple outputs with
different high level values (one of which is equal to the span
value) or be capable of automatically changing the high level value
as required (up to the span value) such that the measured value does
not exceed 95 percent of the high level value.
4.2 Relative Accuracy (RA). The RA of the CEMS must be no
greater than 20 percent of the mean value of the RM test data in
terms of units of the emission standard, or 10 percent of the
applicable standard, whichever is greater.
4.3 Calibration Error. Calibration error is assessed using
certified NIST traceable cylinder gas standards for chlorine. The
mean difference between the indicated CEMS concentration and the
reference concentration shall be no greater than <plus-minus>15
percent of the reference concentration. The reference concentration
shall be the greater of 80 to 120 percent of the applicable emission
standard or 50 ppm Cl₂, in nitrogen.
4.4 Calibration Drift. The CEMS design must allow the
determination of calibration drift at concentration levels
commensurate with the applicable emission standard. The CEMS
calibration may not drift or deviate from the reference value (RV)
of the calibration standard by more than 2 percent of the reference
value. The calibration shall be performed at a level equal to 80 to
120 percent of the applicable emission standard.
4.5 Zero Drift. The CEMS design must allow the determination of
calibration drift at the zero level (zero drift). The CEMS zero
point shall not drift by more than 2 percent of the emission
standard.
4.6 Sampling and Response Time. The CEMS shall sample the stack
effluent continuously. Averaging time, the number of measurements in
an average, and the averaging procedure for reporting and
determining compliance shall conform with that specified in the
applicable emission regulation.
4.6.1 Response Time. The response time of the CEMS should not
exceed 2 minutes to achieve 95 percent of the final stable value.
The response time shall be documented by the CEMS manufacturer.
4.7 CEMS Interference Response. While the CEMS is measuring the
concentration of chlorine in the high-level calibration source used
to conduct the CE test, the gaseous components (in nitrogen) listed
in Table I shall be introduced into the measurement system either
separately or in combination. The interference test gases must be
introduced in such a way as to cause no change in the calibration
concentration of chlorine being delivered to the CEMS. The
concentrations listed in the table are the target levels at the
sampling interface of the CEMS based on the known cylinder gas
concentrations and the extent of dilution (see Section 9).
Interference is defined as the difference between the CEMS response
with these components present and absent. The sum of the
interferences must be less than 2 percent of the emission limit
value. If this level of interference is exceeded, then corrective
action to eliminate the interference(s) must be taken.

Table I.--Interference Test Gas Concentrations in Nitrogen
-----------------------------------------------------------------------
Gas Concentration

-----------------------------------------------------------------------
Carbon Monoxide........................ 500 <plus-minus> 50 ppm.
Carbon Dioxide......................... 10 <plus-minus> 1 percent.
Oxygen................................. 20.9 <plus-minus> 1 percent.
Sulfur Dioxide......................... 500 <plus-minus> 50 ppm.
Nitrogen Dioxide....................... 250 <plus-minus> 25 ppm.
Water Vapor............................ 25 <plus-minus> 5 percent.
Hydrogen Chloride (HCl)................ 50 <plus-minus> 5 ppm.
-----------------------------------------------------------------------

5. Performance Specification Test Procedure

5.1 Pretest Preparation. Install the CEMS and prepare the RM
test site according to the specifications in Section 3, and prepare
the CEMS for operation according to the manufacturer's written
instructions.
5.2 Calibration and Zero Drift Test Period. While the affected
facility is operating at more than 50 percent of normal load, or as
specified in an applicable subpart, determine the magnitude of the
calibration drift (CD) and zero drift (ZD) once each day (at 24-hour
intervals) for 7 consecutive days according to the procedure given
in Section 6. To meet the requirements of Sections 4.4 and 4.5 none
of the CD's or ZD's may exceed the specification. All CD
determinations must be made following a 24-hour period during which
no unscheduled maintenance, repair, or manual adjustment of the CEMS
took place.
5.3 CE Test Period. Conduct a CE test prior to the CD test
period. Conduct the CE test according to the procedure given in
Section 8.
5.4 CEMS Interference Response Test Period. Conduct an
interference response test in conjunction with the CE test according
to the procedure given in Section 9.

6.0 The CEMS Calibration and Zero Drift Test Procedure

This performance specification is designed to allow calibration
of the CEMS by use of gas samples, filters, etc, that challenge the
pollutant analyzer part of the CEMS (and as much of the whole system
as possible), but which do not challenge the entire CEMS, including
the sampling interface. Satisfactory response of the entire system
is covered by the RA and CE requirements.
The CD measurement is to verify the ability of the CEMS to
conform to the established CEMS calibration used for determining the
emission concentration. Therefore, if periodic automatic or manual
adjustments are made to the CEMS zero and calibration settings,
conduct the CD test immediately before the adjustments, or conduct
it in such a way that the CD and ZD can be determined.
Conduct the CD and ZD tests at the points specified in Sections
4.4 and 4.5. Record the CEMS response and calculate the CD according
to:
[GRAPHIC] [TIFF OMITTED] TP19AP96.045

Where ZD denotes the zero drift of the CEMS in percent, R_CEM is
the CEMS response, R_V is the reference value of the low level
calibration standard, and R_EM is the emission limit value.

7. Calibration Error Test Procedure

7.1 Sampling Strategy. The CEMS calibration error shall be
assessed using the calibration source specified in Section 4.3.
Challenge the CEMS at the measurement levels specified in Section
4.3. During the test, operate the CEMS as nearly as possible in its
normal operating mode. The calibration gases should be injected into
the sampling system as close to the sampling probe outlet as
practical and shall pass through all filters, scrubbers,
conditioners, and other monitor components used during normal
sampling.
7.2 Number of tests. Challenge the CEMS three non-consecutive
times at each measurement point and record the responses. The
duration of each challenge should be for a sufficient period of time
to ensure that the CEMS surfaces are conditioned and a stable output
obtained.
7.3 Calculations. Summarize the results on a data sheet.
Calculate the mean difference between the CEMS response and the
known reference concentration at each measurement point according to
equations 5 and 6 of Section 10. The calibration error (CE) at each
measurement point is then given by:
[GRAPHIC] [TIFF OMITTED] TP19AP96.047

Where R_V is the reference concentration value.

8. Interference Response Test Procedure

8.1 Test Strategy. Perform the interference response test
while the CEMS is being challenged by the high level calibration
source (after the CE determination has been

[[Page 17514]]

made). The interference test gases should be injected into the
sampling system as close to the sampling probe outlet as practical
and shall pass through all filters, scrubbers, conditioners, and
other monitor components used during normal sampling.
8.2 Number of tests. Introduce the interference test gas three
times alternately with the high-level calibration gas and record the
responses both with and without the interference test gas. The
duration of each test should be for a sufficient period of time to
ensure that the CEMS surfaces are conditioned and a stable output
obtained.
8.3 Calculations. Summarize the results on a data sheet.
Calculate the mean difference between the CEMS response with and
without the interference test gas by taking the average of the CEMS
responses with and without the interference test gas (see equation
5) and then taking the difference (d). The percent interference (I)
is then given by:
[GRAPHIC] [TIFF OMITTED] TP19AP96.048

9. Equations

9.1 Arithmetic Mean. Calculate the arithmetic mean of a data
set as follows:
[GRAPHIC] [TIFF OMITTED] TP19AP96.049

Where n is equal to the number of data points.
9.1.1 Calculate the arithmetic mean of the difference, d, of a
data set, using Equation 5 and substituting d for x. Then
[GRAPHIC] [TIFF OMITTED] TP19AP96.050

Where x and y are paired data points from the CEMS and RM,
respectively.

10. Reporting

11. Bibliography

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

II. In part 63:

The authority citation for part 63 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

2. Part 63 is revised by adding subpart EEE, to read as follows:

Subpart EEE--National Emission Standards for Hazardous Air
Pollutants From Hazardous Waste Combustors

Sec.
63.1200 Applicability.
63.1201 Definitions.
63.1202 Construction and reconstruction.
63.1203 Standards for hazardous waste incinerators (HWIs).
63.1204 Standards for cement kilns (CKs) that burn hazardous waste.
63.1205 Standards for lightweight aggregate kilns (LWAKs) that burn
hazardous waste.
63.1206 Initial compliance dates.
63.1207 Compliance with standards and general requirements.
63.1208 Performance testing requirements.
63.1209 Test methods.
63.1210 Monitoring requirements.
63.1211 Notification requirements.
63.1212 Recordkeeping and reporting requirements.

Appendix to Subpart EEE--Quality Assurance Procedures for Continuous
Emissions Monitors Used for Hazardous Waste Combustors

Sec. 63.1200 Applicability.

(a) The provisions of this subpart apply to all hazardous waste
combustors (HWCs): hazardous waste incinerators, cement kilns that burn
hazardous waste, and lightweight aggregate kilns that burn hazardous
waste.
(b) HWCs are subject to the provisions of part 63 as major sources
irrespective of the quantity of hazardous air pollutants emitted.
(c) When a HWC continues to operate when hazardous waste is neither
being fed nor remains in the combustion chamber, the source remains
subject to this subpart until hazardous waste burning is terminated.
(1) A source has terminated hazardous waste burning if:
(i) It has stopped feeding hazardous waste and hazardous waste does
not remain in the combustion chamber;
(ii) The owner or operator notifies the Administrator in writing
within 5 calendar days after hazardous waste burning has ceased that
hazardous waste burning has terminated.
(2) A source that has terminated hazardous waste burning may resume
hazardous waste burning provided that:
(i) It complies with requirements in this subpart for new sources;
and
(ii) The owner and operator submits a notification of compliance
based on comprehensive performance testing after burning has been
resumed. Hazardous waste cannot be burned for more than 720 hours prior
to submittal of the notification of compliance, and may be burned only
for purposes of emissions testing in preparation for performance
testing or performance testing.
(d) HWCs are also subject to applicable requirements under parts
260-270 of this chapter.
(e) The more stringent of requirements of an operating permit
issued under part 270 of this chapter or the requirements of this
subpart (and part) apply. If requirements of the operating permit
issued under part 270 of this chapter conflict with any requirements of
this subpart (and part 63), the requirements of this subpart (and part
63) take precedence.
(f) If the only hazardous wastes that a HWC burns are those exempt
from regulation under Sec. 266.100(b) of this chapter, the HWC is not
subject to the requirements of this subpart.
(g) Waiver of emission standards. (1) Nondetect levels of Hg, SVM,
or LVM in feedstreams. If no feedstream to a HWC contains detectable
levels of Hg, SVM, or LVM, the HWC is not subject to the emission
standards and ancillary performance testing, monitoring, notification,
and recordkeeping and reporting requirements for those standards
provided in this subpart. To be eligible for this waiver, the owner and
operator must also develop and implement a feedstream sampling and
analysis plan to document that no feedstream contains detectable levels
of the metals.
(2) Nondetect levels of chlorine in feedstreams. If no feedstream
to a HWC contains detectable levels of chlorine, the HWC is not subject
to the HCl/Cl₂ emission standard and ancillary performance
testing, monitoring, notification, and recordkeeping and reporting
requirements for that standard in this subpart. To be eligible for this
waiver, the owner and operator must also develop and implement a

[[Page 17515]]

feedstream sampling and analysis plan to document that no feedstream
contains detectable levels of the chlorine.

Sec. 63.1201 Definitions.

The terms used in this part are defined in the Act, in subpart A of
this part, or in this section as follows:
Air pollution control system means the equipment used to reduce the
release of particulate matter and other pollutants to the atmosphere.
Automatic waste feed cutoff (AWFCO) system means a system comprised
of cutoff valves, actuator, sensor, data manager, and other necessary
components and electrical circuitry designed, operated and maintained
to stop the flow of hazardous waste to the combustion unit
automatically and immediately when any of the parameters to which the
system is interlocked exceed the limits established in compliance with
applicable standards, the operating permit, or safety considerations.
By-pass duct means a device which diverts a minimum of 10 percent
of a cement kiln's off gas.
Cement kiln means a rotary kiln and any associated preheater or
precalciner devices that produces clinker by heating limestone and
other materials for subsequent production of cement for use in
commerce, and that burns hazardous waste.
Combustion chamber means the area in which controlled flame
combustion of hazardous waste occurs.
Compliance date means the date by which a hazardous waste combustor
must submit a notification of compliance under this subpart.
Comprehensive performance test means the performance test during
which a HWC demonstrates compliance with emission standard and
establishes or re-establishes operating limits.
Confirmatory performance test means the performance test conducted
under normal operating conditions to demonstrate compliance with the D/
F emission standard.
Continuous monitor means a device which continuously samples the
regulated parameter without interruption except during allowable
periods of calibration, and except as defined otherwise by the CEM
Performance Specifications in appendix B, part 60.
Dioxins and furans (D/F) means tetra-, penta-, hexa-, hepta-, and
octa-chlorinated dibenzo dioxins and furans.
Feedstream means any material fed into a HWC, including, but not
limited to, any pumpable or nonpumpable solid or gas.
Flowrate means the rate at which a feedstream is fed into a HWC.
Fugitive combustion emissions means particulate or gaseous matter
generated by or resulting from the burning of hazardous waste that is
not collected by a capture system and is released to the atmosphere
prior to the exit of the stack.
Hazardous waste is defined in Sec. 261.3 of this chapter.
Hazardous waste combustor (HWC) means a hazardous waste
incinerator, or a cement kiln, or a lightweight aggregate kiln.
Hazardous waste incinerator means a device defined in 260.10 of
this chapter that burns hazardous waste.
Initial comprehensive performance test means the comprehensive
performance test that is used as the basis for initially demonstrating
compliance with the standards.
Instantaneous monitoring means continuously sampling, detecting,
and recording the regulated parameter without use of an averaging
period.
Lightweight aggregate kiln means a rotary kiln that produces for
commerce (or for manufacture of products for commerce) an aggregate
with a density less than 2.5 g/cc by slowly heating organic-containing
geologic materials such as shale and clay, and that burns hazardous
waste.
Low volatility metals means arsenic, beryllium, chromium, and
antimony, and their compounds.
New source means a HWC that first begins to burn hazardous waste,
or the construction or reconstruction of which is commenced, after
April 19, 1996.
Notification of compliance means a notification in which the owner
and operator certify, after completion of performance evaluations and
tests, that the HWC meets the emission standards, CMS, and other
requirements of this subpart, and that the source is in compliance with
operating limits.
One-minute average means the average of detector responses
calculated at least every 60 seconds from responses obtained at least
each 15 seconds.
Operating record means a documentation of all information required
by the standards to document and maintain compliance with the
applicable regulations, including data and information, reports,
notifications, and communications with regulatory officials.
Reconstruction means the replacement or addition of components of a
hazardous waste combustor to such an extent that:
(1) The fixed capital cost of the new components exceeds 50 percent
of the fixed capital cost that would be required to construct a
comparable new source.
(2) Upon reconstruction, the combustor becomes subject to the
standards for new sources, including compliance dates, irrespective of
any change in emissions of hazardous air pollutants from that source.
Rolling average means the average of all one-minute averages over
the averaging period.
Run means the net period of time during which an air emission
sample is collected under a given set of operating conditions. Three or
more runs constitutes an emissions test. Unless otherwise specified, a
run may be either intermittent or continuous.
Semivolatile metals means cadmium and lead, and their compounds.
TEQ means the international method of expressing toxicity
equivalents for dioxins and furans as defined in U.S. EPA, Interim
Procedures for Estimating Risks Associated with Exposures to Mixtures
of Chlorinated Dibenzo-p-Dioxins and -Dibenzofurans (CDDs and CDFs) and
1989 Update, March 1989.

Sec. 63.1202 Construction and reconstruction.

The requirements of Sec. 63.5 apply, except the following apply in
lieu of Secs. 63.5(d)(3)(v) and (vi) and (e)(1)(ii)(D), as follows:
(a) A discussion of any technical limitations the source may have
in complying with relevant standards or other requirements after the
proposed replacements. The discussion shall be sufficiently detailed to
demonstrate to the Administrator's satisfaction that the technical
limitations affect the source's ability to comply with the relevant
standard and how they do so.
(b) If in the application for approval of reconstruction the owner
or operator designates the affected source as a reconstructed source
and declares that there are no technical limitations to prevent the
source from complying with all relevant standards or other
requirements, the owner or operator need not submit the information
required in paragraphs (d)(3) (iii) through (v) of this section.
(c) Any technical limitations on compliance with relevant standards
that are inherent in the proposed replacements.

Sec. 63.1203 Standards for hazardous waste incinerators (HWIs).

(a) Emission limits for existing sources. No owner or operator of
an existing HWI shall discharge or cause combustion gases to be emitted
into the atmosphere that contain:
(1) Dioxins and furans in excess of 0.20 ng/dscm (TEQ) corrected to
7 percent oxygen;

[[Page 17516]]

(2) Mercury in excess of 50 <&micro;>g/dscm, over a 10-hour rolling
average, and corrected to 7 percent oxygen;
(3) Lead and cadmium in excess of 270 <&micro;>g/dscm, combined
emissions, corrected to 7 percent oxygen, and measured over a 12-hour
rolling average if compliance is based on a CEMS;
(4) Arsenic, beryllium, chromium, and antimony in excess of 210
<&micro;>g/dscm, combined emissions, corrected to 7 percent oxygen and
measured over a 10-hour rolling average if compliance is based on a
CEMS;
(5) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average, dry basis and corrected to 7 percent
oxygen;
(6) Hydrocarbons in excess of 12 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen,
and reported as propane;
(7) Hydrochloric acid and chlorine gas in excess of 280 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen, and measured
over a hourly rolling average if compliance is based on a CEMS; and
(8) Particulate matter (PM) in excess of 69 mg/dscm, over a 2-hour
rolling average and corrected to 7 percent oxygen.
(b) Emission limits for new sources. No owner or operator that
commences construction or reconstruction of a HWI, or that first burns
hazardous waste in an existing incinerator, after April 19, 1996, shall
discharge or cause combustion gases to be emitted into the atmosphere
that contain:
(1) Dioxins and furans in excess of 0.20 ng/dscm (TEQ), corrected
to 7 percent oxygen;
(2) Mercury in excess of 50 <&micro;>g/dscm, over a 10-hour rolling
average, corrected to 7 percent oxygen;
(3) Lead and cadmium in excess of 62 <&micro;>g/dscm, combined
emissions, corrected to 7 percent oxygen and measured over a 10-hour
rolling average;
(4) Arsenic, beryllium, chromium, and antimony in excess of 60
<&micro;>g/dscm (or 80 <&micro;>g/dscm if compliance is based on a
CEMS), combined emissions, corrected to 7 percent oxygen and measured
over a 10-hour rolling average if compliance is based on a CEM;
(5) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average, dry basis and corrected to 7 percent
oxygen;
(6) Hydrocarbons in excess of 12 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen,
and reported as propane;
(7) Hydrochloric acid and chlorine gas in excess of 67 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen, and measured
over a hourly rolling average if compliance is based on a CEM; and
(8) Particulate matter (PM) in excess of 69 mg/dscm, over a 2-hour
rolling average and corrected to 7 percent oxygen.
(c) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section shall be considered to have two significant
figures. Emissions measurements may be rounded to two significant
figures to demonstrate compliance.
(d) Air emission standards for equipment leaks, tanks, surface
impoundments, and containers. Owners and operators of HWIs are subject
to the air emission standards of Subparts BB and CC, part 264, of this
chapter.

Sec. 63.1204 Standards for cement kilns (CKs) that burn hazardous
waste.

(a) Emission limits for existing sources. No owner or operator of
an existing CK shall discharge or cause combustion gases (resulting
solely or partially from burning hazardous waste) to be emitted into
the atmosphere that contain:
(1) Dioxins and furans in excess of 0.20 ng/dscm, TEQ, corrected to
7 percent oxygen;
(2) Mercury in excess of 50 <&micro;>g/dscm, over a 10-hour rolling
average, and corrected to 7 percent oxygen;
(3) Lead and cadmium in excess of 57 <&micro;>g/dscm, combined
emissions, corrected to 7 percent oxygen, and measured over a 10-hour
rolling average if compliance is based on a CEMS;
(4) Arsenic, beryllium, chromium, and antimony in excess of 130
<&micro;>g/dscm, combined emissions, corrected to 7 percent oxygen and
measured over a 10-hour rolling average if compliance is based on a
CEMS;
(5) Carbon Monoxide. For kilns equipped with a by-pass duct,
either:
(i) Carbon monoxide in the by-pass duct in excess of 100 parts per
million by volume, over an hourly rolling average, dry basis and
corrected to 7 percent oxygen; or
(ii) Hydrocarbons in the by-pass duct in excess of 6.7 parts per
million by volume, over an hourly rolling average, dry basis, corrected
to 7 percent oxygen, and reported as propane.
(6) Hydrocarbons. Hydrocarbons in the main stack of kilns not
equipped with a by-pass duct in excess of 20 parts per million by
volume, over an hourly rolling average, dry basis, corrected to 7
percent oxygen, and reported as propane;
(7) Hydrochloric acid and chlorine gas in excess of 630 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis, corrected to 7 percent oxygen, and measured
over a hourly rolling average if compliance is based on a CEMS; and
(8) Particulate matter (PM) in excess of 69 mg/dscm over a 3-hour
rolling average and corrected to 7 percent oxygen.
(b) Emission limits for new sources. No owner or operator that
commences construction or reconstruction of a CK, or that first burns
hazardous waste in an existing CK, after April 19, 1996, shall
discharge or cause combustion gases to be emitted into the atmosphere
that contain:
(1) Dioxins and furans in excess of 0.20 ng/dscm (TEQ) corrected to
7 percent oxygen;
(2) Mercury in excess of 50 <&micro;>g/dscm, over a 10-hour rolling
average, corrected to 7 percent oxygen;
(3) Lead and cadmium in excess of 55 <&micro;>g/dscm, combined
emissions, corrected to 7 percent oxygen, or if compliance is based on
a CEMS, 60 <&micro;>g/dscm, combined emissions, corrected to 7 percent
oxygen and measured over a 10-hour rolling average;
(4) Arsenic, beryllium, chromium, and antimony in excess of 44
<&micro;>g/dscm, combined emissions, corrected to 7 percent oxygen, or,
if compliance is based on a CEM, 80 <&micro;>g/dscm, combined
emissions, corrected to 7 percent oxygen and measured over a 10-hour
rolling average;
(5) Carbon Monoxide. For kilns equipped with a by-pass duct,
either:
(i) Carbon monoxide in the by-pass duct in excess of 100 parts per
million by volume, over an hourly rolling average, dry basis and
corrected to 7 percent oxygen; or
(ii) Hydrocarbons in the by-pass duct in excess of 6.7 parts per
million by volume, over an hourly rolling average, dry basis, corrected
to 7 percent oxygen, and reported as propane.
(6) Hydrocarbons. Hydrocarbons in the main stack of kilns not
equipped with a by-pass duct in excess of 20 parts per million by
volume, over an hourly rolling average, dry basis, corrected to 7
percent oxygen, and reported as propane;
(7) Hydrochloric acid and chlorine gas in excess of 67 parts per
million, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen, and

[[Page 17517]]

measured over a hourly rolling average if compliance is based on a
CEMS; and
(8) Particulate matter (PM) in excess of 69 mg/dscm over a 2-hour
rolling average and corrected to 7 percent oxygen.
(c) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section shall be considered to have two significant
figures. Emissions measurements may be rounded to two significant
figures to demonstrate compliance.
(d) Air emission standards for equipment leaks, tanks, surface
impoundments, and containers. Owners and operators of CKs are subject
to the air emission standards of subparts BB and CC, part 264, of this
chapter.

Sec. 63.1205 Standards for lightweight aggregate kilns (LWAKs) that
burn hazardous waste.

(a) Emission limits for existing sources. No owner or operator of
an existing LWAK shall discharge or cause combustion gases to be
emitted into the atmosphere that contain:
(1) Dioxins and furans in excess of 0.20 ng/dscm (TEQ), corrected
to 7 percent oxygen;
(2) Mercury in excess of 72 <&micro;>g/dscm, over a 10-hour rolling
average, and corrected to 7 percent oxygen;
(3) Lead and cadmium in excess of 12 <&micro;>g/dscm, combined
emissions, corrected to 7 percent oxygen, or, if compliance is based on
a CEMS, 60 <&micro;>g/dscm, combined emissions, corrected to 7 percent
oxygen and measured over a 10-hour rolling average;
(4) Arsenic, beryllium, chromium, and antimony in excess of 340
<&micro;>g/dscm, combined emissions, corrected to 7 percent oxygen, and
measured over a 10-hour rolling average if a CEMS is used for
compliance;
(5) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average, dry basis and corrected to 7 percent
oxygen;
(6) Hydrocarbons in excess of 14 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen,
and reported as propane;
(7) Hydrochloric acid and chlorine gas in excess of 450 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen, and measured
over a hourly rolling average if compliance is based on a CEMS; and
(8) Particulate matter (PM) in excess of 69 mg/dscm over a 2-hour
rolling average and corrected to 7 percent oxygen.
(b) Emission limits for new sources. No owner or operator that
commences construction or reconstruction of a LWAK, or that first burns
hazardous waste in an existing LWAK, after April 19, 1996, shall
discharge or cause combustion gases to be emitted into the atmosphere
that contain:
(1) Dioxins and furans in excess of 0.20 ng/dscm (TEQ), corrected
to 7 percent oxygen;
(2) Mercury in excess of 72 <&micro;>g/dscm, over a 10-hour rolling
average, corrected to 7 percent oxygen;
(3) Lead and cadmium in excess of 5.2 <&micro;>g/dscm, combined
emissions, corrected to 7 percent oxygen, or, if compliance is based on
a CEMS, 60 <&micro;>g/dscm, combined emissions, corrected to 7 percent
oxygen and measured over a 10-hour rolling average;
(4) Arsenic, beryllium, chromium, and antimony in excess of 55
<&micro;>g/dscm, combined emissions, corrected to 7 percent oxygen, or,
if compliance is based on a CEMS, 80 <&micro;>g/dscm, combined
emissions, corrected to 7 percent oxygen and measured over a 10-hour
rolling average;
(5) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average, dry basis and corrected to 7 percent
oxygen;
(6) Hydrocarbons in excess of 14 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen,
and reported as propane;
(7) Hydrochloric acid and chlorine gas in excess of 62 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen, and measured
over a hourly rolling average if compliance is based on a CEMS; and
(8) Particulate matter (PM) in excess of 69 mg/dscm over a 2-hour
rolling average and corrected to 7 percent oxygen.
(c) Significant figures. The emission limits provided by paragraphs
(a) and (b) shall be considered to have two significant figures.
Emissions measurements may be rounded to two significant figures to
demonstrate compliance.
(d) Air emission standards for equipment leaks, tanks, surface
impoundments, and containers. Owners and operators of LWAKs are subject
to the air emission standards subparts BB and CC, part 264, of this
chapter.

Sec. 63.1206 Initial Compliance dates.

(a) Existing sources. (1) Compliance Date. Each owner or operator
of an existing hazardous waste combustor (HWC) shall submit to the
Administrator under Sec. 63.1211 an initial notification of compliance
certifying compliance with the requirements of this subpart no later
than [date 36 months after publication of the final rule], unless an
extension of time is granted under Sec. 63.6(i).
(2) Failure to meet compliance date. (i) Termination of waste
burning. If an owner or operator fails to submit the notification of
compliance as specified in paragraph (a)(1) of this section, hazardous
waste burning must terminate on the date that the owner or operator
determine that the notification will not be submitted by the deadline,
but not later than the date the notification should have been
submitted.
(ii) Requirements for resuming waste burning. (A) If a source that
fails to submit a timely initial notification of compliance has not
been issued a RCRA operating permit under part 270 of this chapter for
the HWC, the source may not resume burning hazardous waste until a RCRA
permit is issued.
(B) If a source that fails to submit a timely initial notification
of compliance has already been issued a RCRA operating permit under
part 270 of this chapter for the HWC, the source may resume burning
hazardous waste only for a total of 720 hours and only for purposes of
pretesting or comprehensive performance testing prior to submitting an
initial notification of compliance. If the owner and operator do not
submit an initial notification of compliance within 90 days after the
date it is due, they must begin closure procedures under the RCRA
operating permit unless an extension of time is granted prior to that
date in writing by the Administrator for good cause.
(C) The source must comply with the requirements for new sources
under this subpart.
(b) New sources. (1) Sources that begin burning hazardous waste
before the effective date but after the date of proposal. Each owner or
operator of a new source that first burns hazardous waste prior to
[date of publication of final rule] but after April 19, 1996 shall:
(i) For any requirements of this subpart (and part) that are not
more stringent than the proposed requirement, submit to the
Administrator a notification of compliance at the time specified in the
operating permit issued under part 270 of this chapter;
(ii) For any requirements of this subpart (and part) that are more
stringent than the proposed requirement:
(A) Submit to the Administrator a notification of compliance not
later than [date 36 months after publication of the

[[Page 17518]]

final rule], unless an extension of time is granted under Sec. 63.6(i);
and
(B) Comply with the standards as proposed in the interim until the
notification of compliance is submitted.
(2) Sources that begin burning hazardous waste after the effective
date. Each owner or operator of a new source that first burns hazardous
waste after [date of publication of final rule] must submit the
notification of compliance at the time specified in the operating
permit issued under part 270 of this chapter.

Note to paragraph (b) of this section: An owner or operator
wishing to commence construction of a hazardous waste incinerator or
hazardous waste-burning equipment for a cement kiln or lightweight
aggregate kiln must first obtain some type of RCRA authorization,
whether it be a RCRA permit, a modification to an existing RCRA
permit, or a change under already existing interim status. See 40
CFR part 270.

Sec. 63.1207 Compliance with standards and general requirements.

(a) Compliance with standards. (1) Standards are in effect at all
times. A hazardous waste combustor (HWC) shall not burn hazardous waste
(that is, hazardous waste must not be fed and hazardous waste must not
remain in the combustion chamber) except in compliance with the
standards of this subpart, including periods of startup, shutdown, and
malfunction. Therefore, the owner or operator of a HWC is not subject
to the requirements of Secs. 63.6(e) and (f)(1) (regarding operation
and maintenance in conformance with a startup, shutdown, and
malfunction plan) when burning hazardous waste.
(2) Automatic waste feed cutoff (AWFCO). During the initial
comprehensive performance test required under Sec. 63.1208, and upon
submittal of the initial notification of compliance under Sec. 63.1211,
a HWC must be operated with a functioning system that immediately and
automatically cuts off the hazardous waste feed when any of the
following are exceeded: applicable operating limits specified under
Sec. 63.1210; the emission levels monitored by CEMS; the span value of
any CMS detector, except a CEMS; the automatic waste feed cutoff system
fails; or the allowable combustion chamber pressure.
(i) Ducting of combustion gases. During a AWFCO, combustion gases
must continue to be ducted to the air pollution control system while
hazardous waste remains in the combustion chamber;
(ii) Restarting waste feed. The operating parameters for which
limits are established under Sec. 63.1210 and the emissions required
under that section to be monitored by a CEMS must continue to be
monitored during the cutoff, and the hazardous waste feed shall not be
restarted until the operating parameters and emission levels are within
allowable levels;
(iii) Violations. If, after a AWFCO, a parameter required to be
interlocked with the AWFCO system exceeds an allowable level while
hazardous waste remains in the combustion chamber, the owner and
operator have violated the emission standards of this subpart.
(iv) Corrective measures. After any AWFCO that results in a
violation as defined in paragraph (a)(2)(iii) of this section, the
owner or operator must investigate the cause of the AWFCO, take
appropriate corrective measures to minimize future AWFCO violations,
and record the findings and corrective measures in the operating
record.
(v) Excessive AWFCO report. If a HWC experiences more than 10
AWFCOs in any 60-day period that result in an exceedance of any
parameter required to be interlocked with the AWFCO system under this
section, the owner or operator must submit a written report within 5
calendar days of the 10th AWFCO documenting the results of the
investigation and corrective measures taken.
(vi) Limit on AWFCOs. The Administrator may limit the number of
cutoffs per an operating period on a case-by-case basis.
(vii) Testing. The AWFCO system and associated alarms must be
tested at least weekly to verify operability, unless the owner and
operator document in the operating record that weekly inspections will
unduly restrict or upset operations and that less frequent inspection
will be adequate. At a minimum, operational testing must be conducted
at least monthly.
(3) ESV Openings. (i) Violation. If an emergency safety vent opens
when hazardous waste is fed or remains in the combustion chamber, such
that combustion gases are not treated as during the most recent
comprehensive performance test (e.g., if the combustion gas by-passes
any emission control device operating during the performance test), it
is a violation of the emission standards of this subpart.
(ii) ESV Operating Plan. The ESV Operating Plan shall explain
detailed procedures for rapidly stopping waste feed, shutting down the
combustor, maintaining temperature in the combustion chamber until all
waste exits the combustor, and controlling emissions in the event of
equipment malfunction or activation of any ESV or other bypass system
including calculations demonstrating that emissions will be controlled
during such an event (sufficient oxygen for combustion and maintaining
negative pressure), and the procedures for executing the plan whenever
the ESV is used, thus causing an emergency release of emissions.
(iii) Corrective measures. After any ESV opening that results in a
violation as defined in paragraph (b)(1) of this section, the owner or
operator must investigate the cause of the ESV opening, take
appropriate corrective measures to minimize future ESV violations, and
record the findings and corrective measures in the operating record.
(iv) Reporting requirement. The owner or operator must submit a
written report within 5 days of a ESV opening violation documenting the
result of the investigation and corrective measures taken.
(b) Fugitive emissions. (1) Fugitive emissions must be controlled
by:
(i) Keeping the combustion zone totally sealed against fugitive
emissions; or
(ii) Maintaining the maximum combustion zone pressure lower than
ambient pressure using an instantaneous monitor; or
(iii) Upon prior written approval of the Administrator, an
alternative means of control to provide fugitive emissions control
equivalent to maintenance of combustion zone pressure lower than
ambient pressure;
(2) The owner or operator must specify in the operating record the
method used for fugitive emissions control.
(c) Finding of compliance. The procedures of determining compliance
and finding of compliance provided by Sec. 63.6(f)(2) and (3) are
applicable to HWCs, except that paragraph (f)(2)(iii)(B) (testing is to
be conducted under representative operating conditions) is superseded
by the requirements for performance testing under Sec. 63.1208.
(d) Use of an alternative nonopacity emission standard. The
provisions of Sec. 63.6(g) are applicable to HWCs.
(e) Extension of compliance with emission standards. The provisions
of Sec. 63.6(i) are applicable to HWCs.
(f) Changes in design, operation, or maintenance. If the design,
operation, or maintenance of the source is changed in a manner that may
affect compliance with any emission standard that is not monitored with
a CEMS, the source shall:
(1) Conduct a comprehensive performance test to re-establish

[[Page 17519]]

operating limits on the parameters specified in Sec. 63.1210; and
(2) Burn hazardous waste after such change for no more than a total
of 720 hours and only for purposes of pretesting or comprehensive
performance testing (including demonstrating compliance with CMS
requirements).

Sec. 63.1208 Performance testing requirements.

(a) Types of performance tests. (1) Comprehensive performance test.
The purpose of the comprehensive performance test is to demonstrate
compliance with the emission standards provided by Secs. 63.1203,
63.1204, and 63.1205, establish limits for the applicable operating
parameters provided by Sec. 63.1210, and demonstrate compliance with
the performance specifications for CMS.
(2) Confirmatory performance test. The purpose of the confirmatory
performance test is to demonstrate compliance with the D/F emission
standard when the source operates under normal operating conditions.
(b) Frequency of testing. Testing shall be conducted periodically
as prescribed in this paragraph (b). The date of commencement of the
initial comprehensive performance test shall be the basis for
establishing the anniversary date of commencement of subsequent
performance testing. A source may conduct comprehensive performance
testing at any time prior to the required date. If so, the anniversary
date for subsequent testing is advanced accordingly. Except as provided
by paragraph (c) of this section, testing shall be conducted as
follows:
(1) Comprehensive performance testing. (i) Large or off-site
sources. HWCs that receive hazardous waste from off-site and HWCs with
a gas flow rate exceeding 23,127 acfm at any time that hazardous waste
is burned or remains in the combustion chamber shall commence testing
within 35-37 months of the anniversary date of the initial
comprehensive performance test, and within every 35-37 months of that
anniversary date thereafter.
(ii) Small, on-site sources. HWCs that burn hazardous waste
generated on site only and that have a gas flow rate of 23,127 acfm or
less shall commence testing within 59-61 months of the anniversary date
of the initial comprehensive performance test, and within every 59-61
months of that anniversary date thereafter. However, the Administrator
may determine on a case-specific basis that such a source may pose the
same potential to exceed the standards of this part as a large or offsite
source. If so, the Administrator may require such a source to
comply with the testing frequency applicable to large and off-site
sources. Factors that the Administrator may consider include: type and
volume of hazardous wastes burned, concentration of toxic constituents
in the hazardous waste, and compliance history.
(2) Confirmatory performance testing. (i) Large or off-site sources
shall commence confirmatory performance testing within 17-19 months
after the anniversary date of each comprehensive performance test.
(ii) Small, on-site sources shall conduct confirmatory performance
testing within 29-31 months after the anniversary date of each
comprehensive performance test.
(3) Duration of testing. Performance testing shall be completed
within 30 days after the date of commencement.
(c) Time extension for subsequent performance tests. After the
initial performance test, a HWC may request under procedures provided
by Sec. 63.6(i) up to a 1-year time extension for conducting a
performance test in order to consolidate performance testing with trial
burn testing required under part 270 of this chapter, or for other
reasons deemed acceptable by the Administrator. If a time extension is
granted, a new anniversary date for subsequent testing is established
as the date that the delayed testing commences.
(d) Operating conditions during testing. (1) Comprehensive
performance testing. (i) The source must operate under representative
conditions (or conditions that will result in higher than normal
emissions) for the following parameters to ensure that emissions are
representative (or higher than) of normal operating conditions:
(A) When demonstrating compliance with the D/F emission standard,
types of organic compounds in the waste (e.g., aromatics, aliphatics,
nitrogen content, halogen/carbon ratio, oxygen/carbon ratio), and
feedrate of chlorine; and
(B) When demonstrating compliance with the SVM or LVM emission
standard when using manual stack sampling (i.e., rather than a CEMS)
and the D/F emission standard, normal feedrates of ash and normal
cleaning cycle of the PM control device.
(ii) Given that limits will be established for the applicable
operating parameters specified in Sec. 63.1210, a source may conduct
testing under two or more operating modes to provide operating
flexibility. If so, the source must note in the operating record under
which mode it is operating at all times.
(2) Confirmatory performance testing. Confirmatory performance
testing for D/F shall be conducted under normal operating conditions
defined as follows:
(i) The CO, HC, and PM CEM emission levels must be within the range
of the average value to the maximum (or minimum) value allowed. The
average value is defined as the sum of all one-minute averages, divided
by the number of one-minute averages over the previous 18 months (30
months for small, on-site facilities defined in
Sec. 63.1208(b)(1)(ii));
(ii) Each operating limit established to maintain compliance with
the D/F emission standard must be held within the range of the average
value over the previous 18 months (30 months for small, on-site
facilities defined in Sec. 63.1208(b)(1)(ii)) and the maximum or
minimum, as appropriate, that is allowed; and
(iii) The source must feed representative types (or types that may
result in higher emissions than normal) of organic compounds in the
waste (e.g., aromatics, aliphatics, nitrogen content, halogen/carbon
ratio, oxygen/carbon ratio), and chlorine must be fed at normal
feedrates or greater.
(e) Notification of performance test and approval of test plan. The
provisions of Sec. 63.7 (b) and (c) apply. Notwithstanding the
Administrator's approval or disapproval, or failure to approve or
disapprove the test plan, the owner or operator must comply with all
applicable requirements of this part, including deadlines for
submitting the initial and subsequent notifications of compliance.
(f) Performance testing facilities. The provisions of Sec. 63.7(d)
apply.
(g) Notification of compliance. Within 90 days of completion of the
performance test, the owner or operator must postmark a notification of
compliance documenting compliance with the emission standards and CMS
requirements, and identifying applicable operating limits. See
Sec. 63.7(g) for additional requirements.
(h) Failure to submit a timely notification of compliance. If an
owner or operator determines (based on CEM recordings, results of
analyses of stack samples, or results of CMS performance evaluations)
that the source has failed any emission standard during the performance
test for a mode of operation, it is a violation of the standard and
hazardous waste burning must cease immediately under that mode of
operation. Hazardous waste burning could not be resumed under that mode
of operation, except for purposes of pretesting or comprehensive
performance testing and for a maximum

[[Page 17520]]

of 720 hours, until a notification of compliance is submitted
subsequent to a new comprehensive performance test.
(i) Waiver of performance test. The following waiver provision
applies in lieu of Sec. 63.7(h). Performance tests are not required to
document compliance with the following standards under the conditions
specified and provided that the required information is submitted to
the Administrator for review and approval with the site-specific test
plan as required by paragraph (e) of this section:
(1) Mercury. The owner or operator is deemed to be in compliance
with the mercury emission standard (and monitoring Hg emissions with a
CEMS is not required) if the maximum possible emission concentration
determined as specified below does not exceed the emission standard:
(i) Establish a maximum feedrate of mercury from all feedstreams,
and monitor and record the feedrate according to Sec. 63.1210(c);
(ii) Establish a minimum stack gas flow rate, or surrogate for gas
flow rate, monitor the parameter with a CMS and record the data, and
interlock the limit on the parameter with the automatic waste feed
cutoff system;
(iii) Calculate a maximum possible emission concentration assuming
all mercury from all feedstreams is emitted.
(2) SVM (semivolatile metals). The owner or operator is deemed to
be in compliance with the SVM (cadmium and lead, combined) emission
standard if the maximum possible emission concentration determined as
specified below does not exceed the emission standard:
(i) Establish a maximum feedrate of cadmium and lead, combined,
from all feedstreams, and monitor and record the feedrate according to
Sec. 63.1210(c);
(ii) Establish a minimum stack gas flow rate, or surrogate for gas
flow rate, monitor the parameter with a CMS and record the data, and
interlock the limit on the parameter with the automatic waste feed
cutoff system;
(iii) Calculate a maximum possible emission concentration assuming
all cadmium and lead from all feedstreams is emitted.
(3) LVM (low volatility metals). The owner or operator is deemed to
be in compliance with the LVM (arsenic, beryllium, chromium, and
antimony, combined) emission standard if the maximum possible emission
concentration determined as specified below does not exceed the
emission standard:
(i) Establish a maximum feedrate of arsenic, beryllium, chromium,
and antimony, combined, from all feedstreams, and monitor and record
the feedrate according to Sec. 63.1210(c);
(ii) Establish a minimum stack gas flow rate, or surrogate for gas
flow rate, monitor the parameter with a CMS and record the data, and
interlock the limit on the parameter with the automatic waste feed
cutoff system;
(iii) Calculate a maximum possible emission concentration assuming
all LVM from all feedstreams is emitted.
(4) HCl/Cl₂. The owner or operator is deemed to be in
compliance with the HCl/Cl₂ emission standard if the maximum
possible emission concentration determined as specified below does not
exceed the emission standard:
(i) Establish a maximum feedrate of total chlorine and chloride
from all feedstreams, and monitor and record the feedrate according to
Sec. 63.1210(c);
(ii) Establish a minimum stack gas flow rate, or surrogate for gas
flow rate, monitor the parameter with a CMS and record the data, and
interlock the limit on the parameter with the automatic waste feed
cutoff system;
(iii) Calculate a maximum possible emission concentration assuming
all total chlorine and chloride from all feedstreams is emitted.

Sec. 63.1209 Test methods.

(a) Dioxins and furans. (1) Method 0023A, provided by SW-846
(incorporated by reference in Sec. 260.11 of this chapter), shall be
used to determine compliance with the emission standard for dioxin and
furans;
(2) If the sampling period for each run is six hours or greater,
nondetects shall be assumed to be present at zero concentration. If the
sampling period for any run is less than six hours, nondetects shall be
assumed to be present at the level of detection for all runs.
(b) Mercury. Method 0060, provided by SW-846 (incorporated by
reference in Sec. 260.11 of this chapter), shall be used to evaluate
the mercury CEMS as required by Sec. 63.1210.
(c) Cadmium and lead. Method 0060, provided by SW-846 (incorporated
by reference in Sec. 260.11 of this chapter), shall be used to
determine compliance with the emission standard for cadmium and lead or
to calibrate and/or evaluate a CEMS as provided by Sec. 63.1210.
(d) Arsenic, beryllium, chromium, and antimony. Method 0060,
provided by SW-846 (incorporated by reference in Sec. 260.11 of this
chapter), shall be used to determine compliance with the emission
standard for arsenic, beryllium, chromium, and antimony or to calibrate
and/or evaluate a CEMS as provided by Sec. 63.1210.
(e) HCl and chlorine gas. Methods 0050, 0051, and 9057, provided by
SW-846 (incorporated by reference in Sec. 260.11 of this chapter),
shall be used to determine compliance with the emission standard for
HCl and Cl₂ (combined) or to calibrate and/or evaluate the HCl and
chlorine gas CEMS as provided by Sec. 63.1210.
(f) Particulate Matter. Method 5 in appendix A of part 60 shall be
used to calibrate and/or evaluate a PM CEMS as provided by
Sec. 63.1210.
(g) Feedstream Analytical methods. Analytical methods used to
determine feedstream concentrations of metals, halogens, and other
constituents shall be those provided by SW-846 (incorporated by
reference in Sec. 260.11 of this chapter.)
Alternate methods may be used if approved in advance by the
Director.

Sec. 63.1210 Monitoring requirements.

(a) Continuous emissions monitors (CEMS). (1) HWCs shall be
equipped with CEMS for PM, Hg, CO, HC, and O₂ for compliance
monitoring, except as provided by paragraph (a)(3). Owners and
operators may elect to use CEMS for compliance monitoring for SVM, LVM,
HCl, and Cl₂.
(2) At all times that hazardous waste is fed into the HWC or
remains in the combustion chamber, the CEMS must be operated in
compliance with the appendix to this subpart.
(3) Waiver of CEMS requirement for mercury. The following waiver
provision applies in lieu of Sec. 63.7(h). A mercury CEMS is not
required to document compliance with the mercury standard under the
conditions specified and provided that the required information is
submitted to the Administrator for review and approval with the sitespecific
test plan as required by Sec. 63.1209(e). The owner or
operator is deemed to be in compliance with the mercury emission
standard if the maximum possible emission concentration determined as
specified below does not exceed the emission standard:
(i) Establish a maximum feedrate of mercury, combined, from all
feedstreams, and monitor and record the feedrate according to
Sec. 63.1210(c);
(ii) Establish a minimum stack gas flow rate, or surrogate for gas
flow rate, monitor the parameter with a CMS and record the data, and
interlock the limit on the parameter with the automatic waste feed
cutoff system;
(iii) Calculate a maximum possible emission concentration assuming
all mercury from all feedstreams is emitted.
(b) Other continuous monitoring systems. (1) CMS other than CEMS
(e.g.,

[[Page 17521]]

thermocouples, pressure transducers, flow meters) must be used to
document compliance with the applicable operating limits provided by
this section.
(2) Non-CEMS CMS must be installed and operated in conformance with
Sec. 63.8(c)(3) requiring the owner and operator, at a minimum, to
comply with the manufacturer's written specifications or
recommendations for installation, operation, and calibration of the
system.
(3) Non-CEMS CMS must sample the regulated parameter without
interruption, and evaluate the detector response at least once each 15
seconds, and compute and record the average values at least every 60
seconds.
(4) The span of the detector must not be exceeded. Span limits
shall be interlocked into the automatic waste feed cutoff system
required by Sec. 63.1207(a)(2).
(c) Analysis of feedstreams. (1) General. The owner or operator
must obtain an analysis of each feedstream prior to feeding the
material that is sufficient to document compliance with the applicable
feedrate limits provided by this section.
(2) Feedstream analysis plan. The owner or operator must develop
and implement a feedstream analysis plan and record it in the operating
record. The plan must specify at a minimum:
(i) The parameters for which each feedstream will be analyzed to
ensure compliance with the operating limits of this section;
(ii) Whether the owner or operator will obtain the analysis by
performing sampling and analysis, or by other methods such as using
analytical information obtained from others or using other published or
documented data or information;
(iii) How the analysis will be used to document compliance with
applicable feedrate limits (e.g., if hazardous wastes are blended and
analyses are obtained of the wastes prior to blending but not of the
blended, as-fired, waste, the plan must describe how the owner and
operator will determine the pertinent parameters of the blended waste);
(iv) The test methods which will be used to obtain the analyses;
(v) The sampling method which will be used to obtain a
representative sample of each feedstream to be analyzed using sampling
methods described in appendix I, part 261, of this chapter, or an
equivalent method; and
(vi) The frequency with which the initial analysis of the
feedstream will be reviewed or repeated to ensure that the analysis is
accurate and up to date.
(3) Review and approval of analysis plan. The owner and operator
must submit the feedstream analysis plan to the Administrator for
review and approval, if requested.
(4) Compliance with feedrate limits. To comply with the applicable
feedrate limits of this section, feedrates must be monitored and
recorded as follows:
(i) Determine and record the value of the parameter for each
feedstream by sampling and analysis or other method;
(ii) Determine and record the mass or volume flowrate of each
feedstream by a CMS. If flowrate of a feedstream is determined by
volume, the density of the feedstream shall be determined by sampling
and analysis and shall be recorded (unless the constituent
concentration is reported in units of weight per unit volume (e.g., mg/
l));
(iii) Calculate and record the mass feedrate of the parameter per
unit time.
(d) Performance evaluations. (1) The requirements of Sec. 63.8(d)
(Quality control program) and (e) (Performance evaluation of continuous
monitoring systems) apply, except that performance evaluations of
components of the CMS shall be conducted under the frequency and
procedures (for example, submittal of performance evaluation test plan
for review and approval) applicable to performance tests as provided by
Sec. 63.1208.
(2) Performance specifications and evaluations of CEMS are
prescribed in the appendix to this subpart.
(e) Conduct of monitoring. The provisions of Sec. 63.8(b) apply.
(f) Operation and maintenance of continuous monitoring systems. The
provisions of Sec. 63.8(c) are superseded by this section, except that
paragraphs (c)(2), (c)(3), and (c)(6) are applicable.
(g) [Reserved]
(h) Use of an alternative monitoring method. The provisions of
Sec. 63.8(f) apply.
(i) Reduction of monitoring data. The provisions of Sec. 63.8(g)
apply, except for paragraphs (g)(2) and (g)(5).
(j) Dioxins and furans. To remain in compliance with the emission
standard for dioxins and furans, the owner or operator shall establish
operating limits for the following parameters and comply with those
limits at all times that hazardous waste is fed or that hazardous waste
remains in the combustion chamber:
(1) Maximum temperature at the dry PM control device. If a source
is equipped with an electrostatic precipitator, fabric filter, or other
dry emissions control device where particulate matter is collected and
retained in contact with combustion gas, the maximum allowable
temperature at the inlet to the first such control device in the air
pollution control system must be established and complied with as
follows:
(i) A 10-minute rolling average shall be established as the average
over all runs of the highest 10-minute rolling average for each run;
(ii) An hourly rolling average shall be established as the average
level over all runs.
(2) Minimum combustion chamber temperature. (i) The temperature of
each combustion chamber shall be measured at a location as close to,
and as representative of, each combustion chamber as practicable;
(ii) A 10-minute rolling average shall be established as the
average over all runs of the minimum 10-minute rolling average for each
run; and
(iii) An hourly rolling average shall be established as the average
level over all runs.
(3) Maximum flue gas flowrate or production rate. As an indicator
of gas residence time in the combustion chamber, the maximum flue gas
flowrate, or a parameter that the owner or operator documents in the
site-specific test plan is an appropriate surrogate, shall be
established as the average over all runs of the maximum hourly rolling
average for each run, and complied with on a hourly rolling average
basis.
(4) Maximum hazardous waste feedrate. The maximum hazardous waste
feedrate shall be established as the average over all runs of the
maximum hourly rolling average for each run, and complied with on a
hourly rolling average basis. A maximum waste feedrate shall be
established for each waste feed point.
(5) Batch size, feeding frequency, and minimum oxygen. (i) Except
as provided below, HWCs that feed a feedstream in a batch (e.g., ram
fed systems) or container must comply with the following:
(A) The maximum batch size shall be the mass of that batch with the
lowest mass fed during the comprehensive performance test;
(B) The minimum batch feeding frequency (i.e., the minimum period
of time between batch or container feedings) shall be the longest
interval of time between batch or container feedings during the
comprehensive performance test; and
(C) The minimum combustion zone oxygen content at the time of
firing the batch or container shall be the highest instantaneous oxygen
level observed at the time any batch or container was fed during the
comprehensive performance test.

[[Page 17522]]

(ii) Cement kilns that fire containers of material into the hot,
clinker discharge end of the kiln are exempt from the requirements of
this paragraph provided the owner or operator documents in the
operating record:
(A) The volume of each container does not exceed 1 gallon; and
(B) The frequency of firing the containers does not exceed the rate
occurring during the comprehensive performance test.
(6) PM limit. (i) PM shall be limited to the level achieved during
the comprehensive performance test;
(ii) During the comprehensive performance test the owner and
operator shall demonstrate compliance with the PM standards in
Secs. 63.1203, 63.1204, and 63.1205, corrected to 7 percent oxygen,
based on a 2-hour rolling average, and monitored with a CEMS;
(A) The owner or operator shall install, calibrate, maintain, and
continuously operate a CEMS that measures particulate matter at all
times that hazardous waste is fed or that hazardous waste remains in
the combustion chamber.
(B) The PM CEMS shall meet the requirements provided in the
appendix to this subpart.
(iii) The site-specific PM limit shall be determined from the
performance test as follows:
(A) A 10-minute rolling average shall be established as the average
over all runs of the maximum 10-minute rolling average for each run;
(B) An hourly rolling average shall be established as the average
of all one minute averages over all runs.
(7) Carbon injection parameters. If carbon injection is used:
(i) Injection rate. Minimum carbon injection rates shall be
established as:
(A) A 10-minute rolling average established as the average over all
runs of the minimum 10-minute rolling average for each run; and
(B) An hourly rolling average established as the average level over
all runs.
(ii) Carrier fluid. Minimum carrier fluid (gas or liquid) flowrate
or pressure drop shall be established as a 10-minute rolling average
based on the carbon injection system manufacturer's specifications.
(iii) Carbon specification. (A) The brand (i.e., manufacturer) and
type of carbon used during the comprehensive performance test must be
used until a subsequent comprehensive performance test is conducted,
unless the owner or operator document in the site-specific performance
test plan required under Sec. 63.1208 key parameters that affect
adsorption and establish limits on those parameters based on the carbon
used in the performance test.
(B) The owner or operator may request approval from the
Administrator at any time to substitute a different brand or type of
carbon without having to conduct a comprehensive performance test. The
Administrator may grant such approval if he or she determines that the
owner or operator has sufficiently documented that the substitute
carbon will provide the same level of dioxin and furan control as the
original carbon.
(8) Carbon bed. If a carbon bed is used, a carbon replacement rate
must be established as follows:
(i) Testing Requirements. Testing of carbon beds shall be done in
the following manner:
(A) Initial comprehensive performance test. For the initial
comprehensive performance test, the carbon bed shall be used in
accordance with manufacturer's specifications. No aging of the carbon
is required.
(B) Confirmatory tests prior to subsequent comprehensive tests. For
confirmatory tests after the initial but prior to subsequent
comprehensive tests, the facility shall follow the normal change-out
schedule specified by the carbon bed manufacturer.
(C) Subsequent comprehensive tests. The age of the carbon in the
carbon bed shall be determined as the length of time since carbon was
most recently added and the amount of time the carbon that has been in
the bed the longest.
(ii) Determination of maximum allowable carbon age. (A) Prior to
subsequent comprehensive performance tests, the manufacturer shall
follow the manufacturer's suggested change-out interval for replacing
used carbon with unused carbon.
(B) After the second comprehensive test the maximum allowable age
of a carbon bed shall be the amount of time since carbon has most
recently been added and the amount of time that the carbon the has been
in the bed the longest, based on what those two time intervals were
during the comprehensive performance test.
(iii) Carbon specification. (A) The brand (i.e., manufacturer) and
type of carbon used during the comprehensive performance test must be
used until a subsequent comprehensive performance test is conducted,
unless the owner or operator document in the site-specific performance
test plan required under Sec. 63.1208 key parameters that affect
adsorption and establish limits on those parameters based on the carbon
used in the performance test.
(B) The owner or operator may request approval from the
Administrator at any time to substitute a different brand or type of
carbon without having to conduct a comprehensive performance test. The
Administrator may grant such approval if he or she determines that the
owner or operator has sufficiently documented that the substitute
carbon will provide the same level of dioxin and furan control as the
original carbon.
(7) Catalytic oxidizer. If a catalytic oxidizer is used, the
following parameters shall be established:
(i) Minimum flue gas temperature at the entrance of the catalyst. A
minimum flue gas temperature at the entrance of the catalyst shall be
established as follows:
(A) A 10-minute average shall be established as the average over
all runs of the minimum temperature 10-minute rolling average for each
run;
(B) An hourly average shall be established as the average level
over all runs.
(ii) Maximum time in-use. A catalytic oxidizer shall be replaced
with a new catalytic oxidizer when it has reached the maximum service
time specified by the manufacturer.
(iii) Catalyst replacement specifications. When a catalyst is
replaced with a new one, the new catalyst shall be identical to the one
used during the previous comprehensive test, including:
(A) Catalytic metal loading for each metal;
(B) Space time, expressed in the units s^{-1, the maximum rated
volumetric flow of the catalyst divided by the volume of the catalyst;
(C) Substrate construction, including materials of construction,
washcoat type, and pore density.
(iv) Maximum flue gas temperature. Maximum flue gas temperature at
the entrance of the catalyst shall be established as a 10-minute
rolling average, based on manufacturer's specifications.
(8) Inhibitor feedrate. If a dioxin inhibitor is fed into the unit,
the following parameters shall be established:
(i) Minimum inhibitor feedrate. Minimum inhibitor feedrate shall be
established as:
(A) A 10-minute rolling average shall be established as the average
over all runs of the minimum 10-minute rolling average for each run;
(B) An hourly average shall be established as the average level
over all runs.
(ii) Inhibitor specifications. (A) The brand (i.e., manufacturer)
and type of

[[Page 17523]]

inhibitor used during the comprehensive performance test must be used
until a subsequent comprehensive performance test is conducted, unless
the owner or operator document in the site-specific performance test
plan required under Sec. 63.1208 key parameters that affect the
effectiveness of a D/F inhibitor and establish limits on those
parameters based on the inhibitor used in the performance test.
(B) The owner or operator may request approval from the
Administrator at any time to substitute a different brand or type of
inhibitor without having to conduct a comprehensive performance test.
The Administrator may grant such approval if he or she determines that
the owner or operator has sufficiently documented that the substitute
inhibitor will provide the same level of dioxin and furan control as
the original inhibitor.
(k) Mercury CEMS. (1) The owner or operator shall install,
calibrate, maintain, and continuously operate a CEMS for mercury at all
times that hazardous waste is fed or that hazardous waste remains in
the combustion chamber.
(2) The mercury CEMS shall meet Performance Specification 10, if
the CEM measures other metals as well as mercury, or Performance
Specification 12, if the CEM measures only mercury. Both performance
specifications are provided in the appendix to this subpart.
(3) The owner and operator shall comply with the quality assurance
procedures provided in the appendix to this subpart.
(l) Semivolatile metals (SVM). The owner or operator shall
demonstrate compliance with the SVM (cadmium and lead) emission
standard by either:
(1) CEMS. (i) Installing, calibrating, maintaining, and
continuously operating a CEMS that measures multiple metals at all
times that hazardous waste is fed or remains in the combustion chamber.
(ii) The multi-metal CEMS shall meet the requirements provided in
the appendix to this subpart; or
(2) Operating limits. Establishing and complying with the following
operating limits, except that cement kilns and lightweight aggregate
kilns must comply with alternative requirements provided by paragraph
(f) of this section:
(i) PM limit. (A) PM shall be limited to the level achieved during
the comprehensive performance test;
(B) During the comprehensive performance test the owner and
operator shall demonstrate compliance with the applicable PM standard
in Secs. 63.1203, 63.1204, and 63.1205, corrected to 7 percent oxygen,
based on a 2-hour rolling average, and monitored with a CEMS;
(1) The owner or operator shall install, calibrate, maintain, and
continuously operate a CEMS that measures particulate matter at all
times that hazardous waste is fed or that hazardous waste remains in
the combustion chamber.
(2) The PM CEMS shall meet the requirements provided in the
appendix to this subpart.
(C) The site-specific PM limit shall be determined from the
performance test as follows:
(1) A 10-minute rolling average shall be established as the average
over all runs of the maximum 10-minute rolling average for each run;
(2) An hourly rolling average shall be established as the average
of all one minute averages over all runs.
(ii) Maximum feedrate of Cd and Pb. A 12-hour rolling average limit
for the feedrate of Cd and Pb, combined, in all feedstreams shall be
established as the average feedrate over all runs.
(iii) Maximum total chlorine and chloride feedrate. A 12-hour
rolling average limit for the feedrate of total chlorine and chloride
in all feedstreams shall be established as the average feedrate over
all runs.
(iv) Minimum gas flowrate. An hourly rolling average limit for gas
flowrate, or a surrogate parameter, shall be established as the average
over all runs of the lowest hourly rolling average for each run.
(m) Low volatility metals (LVM). The owner or operator shall
demonstrate compliance with the LVM (arsenic, beryllium, chromium, and
antimony) emission standard by either:
(1) CEMS. (i) Installing, calibrating, maintaining, and
continuously operating a CEMS that measures multiple metals at all
times that hazardous waste is fed or remains in the combustion chamber.
(ii) The multi-metals CEMS shall meet the requirements provided in
the appendix to this subpart; or
(2) Operating limits. Establishing and complying with the following
operating limits, except that cement kilns and lightweight aggregate
kilns must comply with alternative requirements provided by paragraph
(f) of this section:
(i) PM limit. (A) PM shall be limited to the level achieved during
the comprehensive performance test;
(B) During the comprehensive performance test the owner and
operator shall demonstrate compliance with the applicable PM standard
in Secs. 63.1203, 63.1204, or 63.1205, corrected to 7 percent oxygen,
based on a 2-hour rolling average, and monitored with a CEMS;
(1) The owner or operator shall install, calibrate, maintain, and
continuously operate a CEMS that measures particulate matter at all
times that hazardous waste is fed or that hazardous waste remains in
the combustion chamber.
(2) The PM CEMS shall meet the requirements provided in the
appendix to this subpart.
(C) The site-specific PM limit shall be determined from the
performance test as follows:
(1) A 10-minute rolling average shall be established as the average
over all runs of the maximum 10-minute rolling average for each run;
(2) An hourly rolling average shall be established as the average
of all one minute averages over all runs.
(ii) Maximum feedrate of As, Be, Cr, and Sb. (A) A 12-hour rolling
average limit for the feedrate of As, Be, Cr, and Sb, combined, in all
feedstreams shall be established as the average feedrate over all runs.
(B) A 12-hour rolling average limit for the feedrate of As, Be, Cr,
and Sb, combined, in all pumpable feedstreams shall be established as
the average feedrate in pumpable feedstreams over all runs.
(iii) Maximum chlorine and chloride feedrate. A 12-hour rolling
average limit for the feedrate of total chlorine and chloride in all
feedstreams shall be established as the average feedrate over all runs.
(iv) Minimum gas flowrate. An hourly rolling average limit for gas
flowrate, or a surrogate parameter, shall be established as the average
over all runs of the lowest hourly rolling average for each run.
(n) Special requirements for CKs and LWAKs for compliance with
metals standards. Owners and operators of cement kilns and lightweight
aggregate kilns that recycle collected particulate matter back into the
kiln must comply with one of the following alternative approaches to
demonstrate compliance with the emission standards for SVM, combined
(cadmium and lead), and for LVM, combined (arsenic, beryllium, chromium
and antimony):
(1) Feedstream monitoring. The requirements of paragraphs (d) and
(e) of this section 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
performance test must

[[Page 17524]]

be fed at the feedrates that will be fed during the performance test;
or
(2) Monitor recycled PM. The special testing requirements
prescribed in ''Alternative Method for Implementing Metals Controls''
in appendix IX, part 266, of this chapter; or
(3) Semicontinuous emissions testing. Stack emissions testing for a
minimum of 6 hours each day while hazardous waste is burned. The
testing must be conducted when burning normal hazardous waste for that
day at normal feedrates for that day and when the air pollution control
system is operated under normal conditions. Although limits on metals
in feedstreams are not established under this option, the owner or
operator must analyze each feedstream for metals content sufficiently
to determine if changes in metals content may affect the ability of the
facility to meet the metal emissions standards under Secs. 63.1204 and
63.1205.
(o) HCl and chlorine gas. The owner or operator shall demonstrate
compliance with the HCl/Cl₂ emission standard by either:
(1) CEMS. (i) Installing, calibrating, maintaining, and
continuously operating a CEMS for HCl and Cl₂ at all times that
hazardous waste is fed or that hazardous waste remains in the
combustion chamber.
(ii) The HCl and Cl₂ CEMS shall meet the requirements provided
in the appendix to this subpart; or
(2) Operating limits. Establishing and complying with the following
operating limits:
(i) Feedrate of total chlorine and chloride. A 12-hour rolling
average limit for the total feedrate of total chlorine and chloride in
all feedstreams shall be established as the average feedrate over all
runs.
(ii) Maximum flue gas flowrate or production rate. As an indicator
of gas residence time in the control device, the maximum flue gas
flowrate, or a parameter that the owner or operator documents in the
site-specific test plan is an appropriate surrogate, shall be
established as the average over all runs of the maximum hourly rolling
average for each run, and complied with on a hourly rolling average
basis.
(iii) Wet Scrubber. If a wet scrubber is used, the following
operating parameter limits shall be established.
(A) Minimum pressure drop across the scrubber. Minimum pressure
drop across a wet scrubber shall be established.
(1) A 10-minute rolling average shall be established as the average
over all runs of the minimum 10-minute rolling averages for each run.
(2) An hourly rolling average shall be established as the average
level over all runs.
(B) Minimum liquid feed pressure. Minimum liquid feed pressure
shall be established as a ten minute average, based on manufacturer's
specifications.
(C) Minimum liquid pH. Minimum liquid pH shall be established.
(1) A 10-minute rolling average shall be established as the average
over all runs of the minimum 10-minute rolling averages for each run.
(2) An hourly rolling average shall be established as the average
level over all runs.
(D) Minimum liquid to gas flow ratio. Minimum liquid to gas flow
ratio shall be established.
(1) A 10-minute rolling average shall be established as the average
over all runs of the minimum 10-minute rolling averages for each run.
(2) An hourly rolling average shall be established as the average
level over all runs.
(iv) Ionizing Wet Scrubber. If an ionizing wet scrubber is used,
the following operating parameter limits shall be established.
(A) Minimum pressure drop across the scrubber. Minimum pressure
drop across an ionizing wet scrubber shall be established on both a ten
minute and hourly rolling average.
(1) A 10-minute rolling average shall be established as the average
over all runs of the minimum 10-minute rolling averages for each run.
(2) An hourly rolling average shall be established as the average
level over all runs.
(B) Minimum liquid feed pressure. Minimum liquid feed pressure
shall be established as a ten minute average, based on manufacturer's
specifications.
(C) Minimum liquid to gas flow ratio. Minimum liquid to gas flow
ratio shall be established on both a ten minute and hourly rolling
average.
(1) A 10-minute rolling average shall be established as the average
over all runs of the minimum 10-minute rolling averages for each run.
(2) An hourly rolling average shall be established as the average
level over all runs.
(v) Dry scrubber. If a dry scrubber is used, the following
operating parameter limits shall be established.
(A) Minimum sorbent feedrate. Minimum sorbent feedrate shall be
established on both a ten minute and hourly rolling average.
(1) A 10-minute rolling average shall be established as the average
over all runs of the minimum 10-minute rolling averages for each run.
(2) An hourly rolling average shall be established as the average
level over all runs.
(B) Minimum carrier fluid flowrate or nozzle pressure drop. Minimum
carrier fluid (gas or liquid) flowrate or nozzle pressure drop shall be
established as a ten minute average, based on manufacturer's
specifications.
(C) Sorbent specifications. (1) The brand (i.e., manufacturer) and
type of sorbent used during the comprehensive performance test must be
used until a subsequent comprehensive performance test is conducted,
unless the owner or operator document in the site-specific performance
test plan required under Sec. 63.1208 key parameters that affect the
effectiveness of a sorbent and establish limits on those parameters
based on the inhibitor used in the performance test.
(2) The owner or operator may request approval from the
Administrator at any time to substitute a different brand or type of
inhibitor without having to conduct a comprehensive performance test.
The Administrator may grant such approval if he or she determines that
the owner or operator has sufficiently documented that the substitute
sorbent will provide the same level of HCl and Cl2 control as the
original sorbent.
(p) Carbon monoxide CEMS. (1) The owner or operator shall install,
calibrate, maintain, and continuously operate a CEMS for carbon
monoxide at all times that hazardous waste is fed or that hazardous
waste remains in the combustion chamber.
(2) The carbon monoxide CEMS shall meet the requirements provided
in the appendix to this subpart.
(q) Hydrocarbon CEMS. (1) The owner or operator shall install,
calibrate, maintain, and continuously operate a CEMS for hydrocarbons
at all times that hazardous waste is fed or that hazardous waste
remains in the combustion chamber.
(2) The hydrocarbon CEMS shall meet the requirements provided in
the appendix to this subpart.
(r) Oxygen CEMS. (1) The owner or operator shall install,
calibrate, maintain, and continuously operate a CEMS for oxygen at all
times that hazardous waste is fed or remains in the combustion chamber.
(2) The oxygen CEMS shall meet the requirements provided in the
appendix to this subpart.
(s) Maximum combustion chamber pressure. If a source complies with
the fugitive emissions requirements of Sec. 63.1207(b) by maintaining
the maximum combustion chamber zone pressure lower than ambient
pressure, the source must monitor the pressure instantaneously and the
automatic

[[Page 17525]]

waste feed cutoff system must be engaged when negative pressure is not
maintained at any time.
(t) Waiver of operating limits. The owner or operator may request
in writing a waiver from any of the operating limits provided by this
section. The waiver must include documentation that other operating
parameters or methods to establish operating limits are more
appropriate to ensure compliance with the emission standards. The
waiver must also include recommended averaging periods and the basis
for establishing operating limits.

Sec. 63.1211 Notification requirements.

(a) Notifications. HWCs shall submit the following notifications as
applicable:
(1) Initial notification. HWCs shall comply with the initial
notification requirements of Sec. 63.9(b).
(2) Notification of performance test and CMS evaluation. The
notification of performance test requirements of Sec. 63.9(c) apply to
all performance tests and CMS evaluations required by Sec. 63.1208,
except that all notifications shall be submitted for review and
approval at the times specified in that section.
(3) Notification of compliance. The notification of compliance
status requirements of Sec. 63.9(h) apply, except that:
(i) The notification is a notification of compliance (rather than
compliance status), as defined in Sec. 63.1200;
(ii) The notification is required for each performance test;
(iii) The requirements of Sec. 63.9(h)(2)(i) (D) and (E) pertaining
to major source determinations do not apply; and
(iv) Under Sec. 63.9(h)(2)(ii), the notification shall be sent
before the close of business on the 90th day following the completion
of relevant compliance demonstration activity specified in this
subpart.
(4) Request for extension of time to submit a notification of
compliance. HWCs that elect to request a time extension of up to one
year to submit an initial notification of compliance under Sec. 63.9(c)
or a subsequent notification of compliance under Sec. 63.1208(c) must
submit a written request and justification as required by those
sections.
(b) Applicability of Sec. 63.9 (Notification requirements). The
following provisions of Sec. 63.9 are applicable to HWCs:
(1) Paragraphs (a), (b), (c), (d), (e), (g), (i), and (j); and
(2) Paragraph (h), except as provided in paragraphs (a)(3) (iii)
and (iv) of this section.

Sec. 63.1212 Recordkeeping and reporting requirements.

(a) The following provisions of Sec. 63.10 are applicable to HWCs:
(1) Paragraph (a) (Applicability and general information), except
(a)(2);
(2) Paragraph (b) (General recordkeeping requirements), except
(b)(2) (iv) through (vi), and (b)(3); and
(3) Paragraph (c) (Additional recordkeeping requirements for
sources with CMS), except (c)(6) through (8), (c)(13), and (c)(15).
(4) Paragraph (d) (General reporting requirements) applies as
follows:
(i) Paragraphs (d)(1), (d)(4) apply; and
(ii) Paragraph (d)(2) applies, except that the report may be
submitted up to 90 days after completion of the test; and
(5) In paragraph (e) (Additional reporting requirements for sources
with CMS), paragraphs (e)(1) (General) and (e)(2) (Reporting results of
CMS performance evaluations) apply.
(b) Additional reporting requirements. HWCs are also subject to the
reporting requirements for excessive automatic waste feed cutoffs under
Sec. 63.1207(a)(2) and emergency safety vent openings under
Sec. 63.1207(a)(3).
(c) Additional recordkeeping requirements. HWCs must also retain
the feedstream analysis plan required under Sec. 63.1210(c) in the
operating record.

Appendix to Subpart EEE--Quality Assurance Procedures for Continuous
Emissions Monitors Used for Hazardous Waste Combustors

Applicability and Principle

1.1 Applicability. These quality assurance requirements are
used to evaluate the effectiveness of quality control (QC) and
quality assurance (QA) procedures and the quality of data produced
by continuous emission monitoring systems (CEMS) that are used for
determining compliance with the emission standards on a continuous
basis as specified in the applicable regulation. The QA procedures
specified by these requirements represent the minimum requirements
necessary for the control and assessment of the quality of CEMS data
used to demonstrate compliance with the emission standards provided
under subpart EEE, part 63, of this chapter. Owners and operators
must meet these minimum requirements and are encouraged to develop
and implement a more extensive QA program. These requirements
supersede those found in Part 60, Appendix F of this chapter.
Appendix F does not apply to hazardous waste-burning devices.
Data collected as a result of the required QA and QC measures
are to be recorded in the operating record. In addition, data
collected as a result of CEM performance evaluations required by
Section 5 in conjunction with an emissions performance test are to
be submitted to the Director as provided by Sec. 63.8(e)(5) of this
chapter. These data are to be used by both the Agency and the CEMS
operator in assessing the effectiveness of the CEMS QA and QC
procedures in the maintenance of acceptable CEMS operation and valid
emission data.
1.2 Principle. The QA procedures consist of two distinct and
equally important functions. One function is the assessment of the
quality of the CEMS data by estimating accuracy. The other function
is the control and improvement of the quality of the CEMS data by
implementing QC policies and corrective actions. These two functions
form a control loop. When the assessment function indicates that the
data quality is inadequate, the source must immediately stop burning
hazardous waste. The CEM data control effort must be increased until
the data quality is acceptable before hazardous waste burning can
resume.
In order to provide uniformity in the assessment and reporting
of data quality, this procedure explicitly specifies the assessment
methods for response drift and accuracy. The methods are based on
procedures included in the applicable performance specifications
provided in Appendix B to Part 60. These procedures also require the
analysis of the EPA audit samples concurrent with certain reference
method (RM) analyses as specified in the applicable RM's.
Because the control and corrective action function encompasses a
variety of policies, specifications, standards, and corrective
measures, this procedure treats QC requirements in general terms to
allow each source owner or operator to develop a QC system that is
most effective and efficient for the circumstances.

2. Definitions

[[Page 17526]]

period of operation during which no unscheduled maintenance, repair,
or adjustment took place.
2.4 Zero Drift (ZD). The difference in CEMS output readings at
the zero pollutant level after a stated period of operation during
which no unscheduled maintenance, repair, or adjustment took place.
2.5 Tolerance Interval. The interval with upper and lower
limits within which are contained a specified percentage of the
population with a given level of confidence.
2.6 Calibration Standard. Calibration standards produce a known
and unchanging response when presented to the pollutant analyzer
portion of the CEMS, and are used to calibrate the drift or response
of the analyzer.
2.7 Relative Accuracy Test Audit (RATA). Comparison of CEMS
measurements to reference method measurements in order to evaluate
relative accuracy following procedures and specification given in
the appropriate performance specification.
2.8 Absolute Calibration Audit (ACA). Equivalent to calibration
error (CE) test defined in the appropriate performance specification
using NIST traceable calibration standards to challenge the CEMS and
assess accuracy.
2.9 Response Calibration Audit (RCA). For PM CEMS only, a check
of stability of the calibration relationship determined by
comparison of CEMS response to manual gravimetric measurements.
2.10 Fuel Type. For the purposes of PM CEMs, fuel type is
defined as the physical state of the fuel: gas, liquid, or solid.
2.11 Rolling Average. The average emissions, based on some
(specified) time period, calculated every minute from a one-minute
average of four measurements taken at 15-second intervals.

3. QA/QC Requirements

3.1 QC Requirements. Each owner or operator must develop and
implement a QC program. At a minimum, each QC program must include
written procedures describing in detail complete, step-by-step
procedures and operations for the following activities.

Checks for component failures, leaks, and other abnormal
conditions.
Calibration of CEMS.
CD determination and adjustment of CEMS.
Integration of CEMS with the automatic waste feed cutoff
(AWFCO) system.
Preventive Maintenance of CEMS (including spare parts
inventory).
Data recording, calculations, and reporting.
Checks of record keeping.
Accuracy audit procedures, including sampling and analysis
methods.
Program of corrective action for malfunctioning CEMS.
Operator training and certification.
Maintaining and ensuring current certification or naming of
cylinder gasses, metal solutions, and particulate samples used for
audit and accuracy tests, daily checks, and calibrations.
Whenever excessive inaccuracies occur for two consecutive
quarters, the current written procedures must be revised or the CEMS
modified or replaced to correct the deficiency causing the excessive
inaccuracies. These written procedures must be kept on record and
available for inspection by the enforcement agency.
3.2 QA Requirements. Each source owner or operator must develop
and implement a QA plan that includes, at a minimum, the following.
QA responsibilities (including maintaining records, preparing
reports, reviewing reports).
Schedules for the daily checks, periodic audits, and
preventive maintenance.
Check lists and data sheets.
Preventive maintenance procedures.
Description of the media, format, and location of all records
and reports.
Provisions for a review of the CEMS data at least once a
year. Based on the results of the review, the owner or operator
shall revise or update the QA plan, if necessary.

CD and ZD Assessment and Daily System Audit

4.1 CD and ZD Requirement. Owners and operators must check,
record, and quantify the ZD and the CD at least once daily
(approximately 24 hours) in accordance with the method prescribed by
the manufacturer. The CEMS calibration must, at a minimum, be
adjusted whenever the daily ZD or CD exceeds the limits in the
Performance Specifications. If, on any given ZD and/or CD check the
ZD and/or CD exceed(s) two times the limits in the Performance
Specifications, or if the cumulative adjustment to the ZD and/or CD
(see Section 4.2) exceed(s) three times the limits in the
Performance Specifications, hazardous waste buring must immediately
cease and the CEMS must be serviced and recalibrated. Hazardous
waste burning cannot resume until the owner or operator documents
that the CEMS is in compliance with the Performance Specifications
by carrying out an ACA.
4.2 Recording Requirements for Automatic ZD and CD Adjusting
Monitors. Monitors that automatically adjust the data to the
corrected calibration values must record the unadjusted
concentration measurement prior to resetting the calibration, if
performed, or record the amount of the adjustment.
4.3 Daily System Audit. The audit must include a review of the
calibration check data, an inspection of the recording system, an
inspection of the control panel warning lights, and an inspection of
the sample transport and interface system (e.g., flowmeters,
filters, etc.) as appropriate.
4.4 Data Recording and Reporting. All measurements from the
CEMS must be retained in the operating record for at least 5 years.

5. Performance Evaluation

5.1 Multi-Metals CEMS. The CEMS must be audited at least once
each calendar year. In years when a performance test is also
required under Sec. 63.1208 of this chapter to document compliance
with emission standards, the performance evaluation (i.e., audit)
shall coincide with the performance test. Successive yearly audits
shall be at least 9 months apart. The audits shall be conducted as
follows.
5.1.1 Relative Accuracy Test Audit (RATA). The RATA must be
conducted at least once every three years (five years for small onsite
facilities defined in Sec. 63.1208(b)(1)(ii)). Conduct the RATA
as described in the RA test procedure (or alternate procedures
section) described in the applicable Performance Specifications. In
addition, analyze the appropriate performance audit samples received
from the EPA as described in the applicable sampling methods (i.e.,
SW-846 method 0060).
5.1.2 Absolute Calibration Audit (ACA). The ACA must be
conducted at least once each year except when a RATA is conducted
instead. Conduct an ACA using NIST traceable calibration standards
at three levels for each metal that is being monitored for
compliance purposes. The levels must correspond to 0 to 20, 40 to
60, and 80 to 120 percent of the applicable emission limit for each
metal. (For the SVM and LVM standards where the standard applies to
combined emissions of several metals, the average annual emission
concentration for each individual metal in a group for which a
standard applies should be assumed by projecting emissions based on
feedrate estimates determined from the waste management plan
required under Sec. 63.1210(c)(2) of this chapter. The estimated
average annual emission concentration should be used as a surrogate
metal emission limit for purposes of the ACA.) At each level and for
each metal, make nine determinations of the RA as defined in Section
8 of the applicable Performance Specifications using the value of
the calibration standard in the denominator of Equation (6).
5.1.3 Reference method. The reference method is SW-846 method
0060.
5.1.4 Excessive Audit Inaccuracy. If the RA using the RATA or
ACA exceeds the criteria in Section 4.2 of the Performance
Specifications, hazardous waste burning must immediately cease.
Before hazardous waste burning can resume, the owner or operator
must take necessary corrective action to eliminate the problem, and
must audit the CEMS with a RATA to document that the CEMS is
operating within the specifications.
5.2 Particulate Matter CEMS. The CEMS must be audited at least
once each quarter (three calendar months.) A response calibration
audit (RCA) shall be conducted every 18 months. An absolute
calibration audit (ACA) shall be conducted quarterly, except when an
RCA is conducted instead. The audits shall be conducted as follows.
5.2.1 Response Calibration Audit (RCA). The RCA must be
conducted at least every 18 months (30 months for small on-site
facilities defined in Sec. 63.1208(b)(1)(ii)). Conduct the RCA as
described in the CEMS Response Calibration Procedure described in
the applicable Performance Specifications (Sections 5 and 7). A
minimum of nine tests are required at three particulate levels. The
three particulate levels should be at the high-end, low-end, and
midpoint of the particulate range spanned by the current calibration
of the CEMS.
5.2.2 Absolute Calibration Audit (ACA). The ACA must be
conducted at least

[[Page 17527]]

quarterly, except when an RCA is conducted instead. Conduct an ACA
using NIST traceable calibration standards, making three
measurements at three levels (nine measurements total). The levels
must correspond to 10 to 50 percent, 80 to 120 percent, and 200 to
300 percent of the emission limit. At each level make a
determination of the instrument response and compare it to the
nominal response by calculating the calibration error CE:
Where:
R_CEM is the CEMS response;
R_N is the nominal response generated by the calibration
standard, and
R_EM is the emission limit value.
5.2.3 Excessive Audit Inaccuracy.

5.2.3.1 RCA. If less than 75 percent percent of the test
results from the RCA fall within the tolerance interval established
for the current calibration (see Sections 7 and 8 of the Performance
Specifications), then a new calibration relation is required.
Hazardous waste burning must cease immediately, and may not be
resumed until a new calibration relation is calculated from the RCA
data according to the procedures specified in Section 8 of the
Performance Specifications.
5.2.3.2 ACA. If the calibration error is greater than 2 percent
of the emission limit for any of the calibration levels, hazardous
waste burning must cease immediately. If adjustments to the
instrument reduce the calibration error to less than 2 percent of
the emission limit at all three levels, then hazardous waste burning
can resume. If not, the instrument must be repaired and must pass a
complete ACA before hazardous waste burning can resume.
5.2.4 Calibrating for Fuel Type. The owner or operator shall
derive a sufficient number of calibration curves to use for all fuel
type and mixtures of fuel type.
5.2.5 Reference Method. The reference method is Method 5 found
in 40 CFR Part 60, Appendix A.
5.3 Total Mercury CEMS. An Absolute Calibration Audit (ACA)
must be conducted quarterly, and a Relative Accuracy Test Audit
(RATA) must be conducted every three years (five years for small onsite
facilities defined in Sec. 63.1208(b)(1)(ii)). An Interference
Response Tests shall be performed whenever an ACA or a RATA is
conducted. In years when a performance test is also required under
Sec. 63.1208 of this chapter to document compliance with emission
standards, the RATA shall coincide with the performance test. The
audits shall be conducted as follows.
5.3.1 Relative Accuracy Test Audit (RATA). The RATA must be
conducted at least every three years (five years for small on-site
facilities defined in Sec. 63.1208(b)(1)(ii)). Conduct the RATA as
described in the RA test procedure (or alternate procedures section)
described in the applicable Performance Specifications. In addition,
analyze the appropriate performance audit samples received from the
EPA as described in the applicable sampling methods.
5.3.2 Absolute Calibration Audit (ACA). The ACA must be
conducted at least quarterly except in a quarter when a RATA is
conducted instead. Conduct an ACA as described in the calibration
error (CE) test procedure described in the applicable Performance
Specifications.
5.3.3 Interference Response Test. The interference response
test shall be conducted whenever an ACA or RATA is conducted.
Conduct an interference response test as described in the applicable
Performance Specifications.
5.3.4 Excessive Audit Inaccuracy. If the RA from the RATA or
the CE from the ACA exceeds the criteria in the applicable
Performance Specifications, hazardous waste burning must cease
immediately. Hazardous waste burning cannot resume until the owner
or operator take corrective measures and audit the CEMS with a RATA
to document that the CEMS is operating within the specifications.
5.3.5 Reference Methods. The reference method for mercury is
SW-846 method 0060.
5.4 Hydrogen Chloride (HCl), Chlorine (Cl₂), Carbon
Monoxide (CO), Oxygen (O₂), and Hydrocarbon (HC) CEMS. An
Absolute Calibration Audit (ACA) must be conducted quarterly, and a
Relative Accuracy Test Audit (RATA) (if applicable, see sections
5.4.1 and 5.4.2) must be conducted yearly. An Interference Response
Tests shall be performed whenever an ACA or a RATA is conducted. In
years when a performance test is also required under Sec. 63.1208 of
this chapter to document compliance with emission standards, the
RATA shall coincide with the performance test. The audits shall be
conducted as follows.
5.4.1 Relative Accuracy Test Audit (RATA). This requirement
applies to O₂ and CO CEMS. The RATA must be conducted at least
yearly. Conduct the RATA as described in the RA test procedure (or
alternate procedures section) described in the applicable
Performance Specifications. In addition, analyze the appropriate
performance audit samples received from the EPA as described in the
applicable sampling methods.
5.4.2 Absolute Calibration Audit (ACA). This requirements
applies to all CEMS listed in 5.4. The ACA must be conducted at
least quarterly except in a quarter when a RATA (if applicable, see
section 5.4.1) is conducted instead. Conduct an ACA as described in
the calibration error (CE) test procedure described in the
applicable Performance Specifications.
5.4.3 Interference Response Test. The interference response
test shall be conducted whenever an ACA or RATA is conducted.
Conduct an interference response test as described in the applicable
Performance Specifications.
5.4.4 Excessive Audit Inaccuracy. If the RA from the RATA or
the CE from the ACA exceeds the criteria in the applicable
Performance Specifications, hazardous waste burning must cease
immediately. Hazardous waste burning cannot resume until the owner
or operator take corrective measures and audit the CEMS with a RATA
to document that the CEMS is operating within the specifications.

6. Other Requirements

6.1 Performance Specifications. CEMS used by owners and
operators of HWCs must comply with the following performance
specifications in Appendix B to Part 60:

Table I.--Performance Specifications for CEMS
-----------------------------------------------------------------------
CEMS Performance specification

-----------------------------------------------------------------------
Carbon monoxide........................... 4B
Oxygen.................................... 4B
Total hydrocarbons........................ 8A
Mercury, semivolatile metals, and low 10
volatile metals.
Particulate matter........................ 11
Mercury................................... 12
Hydrochloric acid (hydrogen chloride)..... 13
Chlorine gas (diatomic chlorine).......... 14

-----------------------------------------------------------------------

6.2 Downtime due to Calibration. Facilities may continue to
burn hazardous waste for a maximum of 20 minutes while calibrating
the CEMS. If all CEMS are calibrated at once, the facility shall
have twenty minutes to calibrate all the CEMS. If CEMS are
calibrated individually, the facility shall have twenty minutes to
calibrate each CEMS. If the CEMS are calibrated individually, other
CEMS shall be operational while the individual CEMS is being
calibrated.
6.3 Span of the CEMS.
6.3.1 Multi-metals, Particulate Matter, Mercury, Hydrochloric
Acid, and Chlorine Gas CEMS. The span shall be at least 20 times the
emission limit at an oxygen correction factor of 1.
6.3.2 CO CEMS. The CO CEM shall have two ranges, a low range
with a span of 200 ppmv and a high range with a span of 3000 ppmv at
an oxygen correction factor of 1. A one-range CEM may be used, but
it must meet the performance specifications for the low range in the
specified span of the low range.
6.3.3 O₂ CEMS. The O₂ CEM shall have a span of 25
percent. The span may be higher than 25 percent if the O₂
concentration at the sampling point is greater than 25 percent.
6.3.4 HC CEMS. The HC CEM shall have a span of 100 ppmv,
expressed as propane, at an oxygen correction factor of 1.
6.3.5 CEMS Span Values When the Oxygen Correction Factor is
Greater than 2. When a owner or operator installs a CEMS at a
location of high ambient air dilution, i.e., where the maximum
oxygen correction factor as determined by the permitting agency is
greater than 2, the owner or operator shall install a CEM with a
lower span(s), proportionate to the larger oxygen correction factor,
than those specified above.
6.3.6 Use of Alternative Spans. Owner or operators may request
approval to use alternative spans and ranges to those specified.
Alternate spans must be approved in writing in advance by the
Director. In considering approval of alternative spans and ranges,
the Director will consider that measurements beyond the span will be
recorded as values at the maximum span for purposes of calculating
rolling averages.

[[Page 17528]]

6.3.7 Documentation of Span Values. The span value shall be
documented by the CEMS manufacturer with laboratory data.
6.4.1 Oxygen Correction Factor. Measured pollutant levels shall
be corrected for the amount of oxygen in the stack according to the
following formula:

P_c=P_m x 14/(E-Y)

where:
P_c=concentration of the pollutant or standard corrected to 7
percent oxygen;
P_m=measured concentration of the pollutant;
E=volume fraction of oxygen in the combustion air fed into the
device, on a dry basis (normally 21 percent or 0.21 if only air is
fed);
Y=measured fraction of oxygen on a dry basis at the sampling point.

The oxygen correction factor is:

OCF=14/(E-Y)

6.4.2 Moisture Correction. Method 4 of appendix A of this Part
shall be used to determine moisture content of the stack gasses.
6.4.3 Temperature Correction. Correction values for temperature
are obtainable from standard reference materials.
6.5 Rolling Average. A rolling average is the arithmetic
average of all one-minute averages over the averaging period.
6.5.1 One-Minute Average. One-minute averages are the
arithmetic average of the four most recent 15-second observations
and shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TP19AP96.052

Where:
c=the one minute average
c_i=a fifteen-second observation from the CEM

Fifteen second observations shall not be rounded or smoothed.
Fifteen-second observations may be disregarded only as a result of a
failure in the CEMS and allowed in the source's quality assurance
plan at the time of the CMS failure. One-minute averages shall not
be rounded, smoothed, or disregarded.
6.5.2 Ten Minute Rolling Average Equation. The ten minute
rolling average shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TP19AP96.053

Where:
C_RA=The concentration of the standard, expressed as a rolling
average
c_i=a one minute average

6.5.3 n-Hourly Rolling Average Equation. The rolling average,
based on a specific number integer of hours, shall be calculated
using the following equation:
[GRAPHIC] [TIFF OMITTED] TP19AP96.054

Where:
C_RA=The concentration of the standard, expressed as a rolling
average
N=The number of hours of the rolling average
c_i=a one minute average

6.5.4 New rolling averages. When a rolling average begins due
to the provisions of Sec. 6.5.4.2 of this appendix or when no
previous one-minute average have been recorded, the rolling average
shall be the average all one-minute averages since the rolling
average commenced. Then when sufficient time has passed such that
there are enough one-minute averages to calculate a rolling average
specified in Sec. 6.5.2 or 6.5.3 of this appendix, i.e., when the
period of time since the rolling average was started is equal to or
greater than the averaging period, the average shall be calculated
using the equation specified there.
6.5.4.1 Short term interruption of a rolling average. When
rolling averages which are interrupted (such as for a calibration or
failure of the CEMS), the rolling average shall be restarted with
the one-minute averages prior to the interruption being the i=1 to
(60*N-1) values and the i=60*N value being the one minute average
immediately after the interruption. A short term interruption is one
with a duration of less than the averaging period for the given
standard or parameter.
6.5.4.2 Long term interruptions of the rolling average. When
ten minute rolling averages are interrupted for periods greater than
ten minutes, the rolling average shall be restarted as provided in
Sec. 6.5.4 of this appendix. When rolling averages with averaging
periods in excess of the averaging period for the given standard or
parameter, the rolling average shall be restarted as provided in
Sec. 6.5.4 of this appendix.
6.6 Units of the Standards for the Purposes of Recording and
Reporting Emissions. Emissions shall be recorded and reported
expressed after correcting for oxygen, temperature, and moisture.
Emissions shall be reported in metric, but may also be reported in
the English system of units, at 7 percent oxygen, 20 deg.C, and on
a dry basis.
6.7 Rounding and Significant Figures. Emissions shall be rounded
to two significant figures using ASTM procedure E-29-90 or its
successor. Rounding shall be avoided prior to rounding for the
reported value.

7. Bibliography

40 CFR Part 60, Appendix F, ''Quality Assurance Procedures:
Procedure 1. Quality Assurance Requirements for Gas Continuous
Emission Monitoring Systems Used For Compliance Determination''.

PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

III. In part 260:

The authority citation for part 260 continues to read as
follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.

2. Subpart B of part 260 is amended by revising the definition of
''industrial furnace'' and adding the following definitions to read as
follows:

Sec. 260.10 Definitions.

When used in parts 260 through 270 of this chapter, the following
terms have the meanings given below:

* * * *
Air pollution control system means the equipment used to reduce the
release of particulate matter and other pollutants to the atmosphere.
Automatic waste feed cutoff (AWFCO) system means a system comprised
of cutoff valves, actuator, sensor, data manager, and other necessary
components and electrical circuitry designed, operated and maintained
to stop the flow of hazardous waste to the combustion unit
automatically and immediately when any of the parameters to which the
system is interlocked exceed the limits established in compliance with
applicable standards, the operating permit, or safety considerations.
* * * *
Cement kiln means a rotary kiln and any associated preheater or
precalciner devices that produces clinker by heating limestone and
other materials for subsequent production of cement for use in
commerce.
* * * *
Combustion chamber means the area in which controlled flame
combustion of hazardous waste occurs.
* * * *
Continuous monitor means a device which continuously samples the
regulated parameter without interruption except during allowable
periods of calibration, and, for CEMS, except as defined otherwise by
the applicable performance specification.
* * * *
Dioxins and furans (D/F) means tetra, penta, hexa, hepta, and octachlorinated
dibenzo dioxins and furans.
* * * *
Feedstream means any material fed into a HWC, including, but not
limited to, any pumpable or nonpumpable solid or gas.
* * * *
Flowrate means the rate at which a feedstream is fed into a HWC.
* * * *
Fugitive combustion emissions means particulate or gaseous matter
generated by or resulting from the burning of hazardous waste that is
not collected by a capture system and is released to the atmosphere
prior to the exit of the stack.
* * * *
Industrial furnace means any of the following enclosed devices that
are integral components of manufacturing processes and that use thermal

[[Page 17529]]

treatment to accomplish recovery of materials or energy:
(1) Cement kilns
(2) Lime kilns
(3) Lightweight aggregate kilns

* * * *
Lightweight aggregate kiln means a rotary kiln that produces for
commerce (or for manufacture of products for commerce) an aggregate
with a density less than 2.5 g/cc by slowly heating organic-containing
geologic materials such as shale and clay.
* * * *
One-minute average means the average of detector responses
calculated at least every 60 seconds from responses obtained at least
each 15 seconds.
* * * *
Operating record means all information required by the standards to
document and maintain compliance with the applicable regulations,
including data and information, reports, notifications, and
communications with regulatory officials.
* * * *
Rolling average means the average of all one-minute averages over
the averaging period.
Run means the net period of time during which an air emission
sample is collected under a given set of operating conditions. Three or
more runs constitutes an emissions test. Unless otherwise specified, a
run may be either intermittent or continuous.
* * * *
Synthesis gas fuel means a gaseous fuel produced by the thermal
treatment of hazardous waste and which meets the specification provided
by Sec. 261.4(a)(12)(ii).
* * * *
TEQ means the international method of expressing toxicity
equivalents for dioxins and furans as defined in U.S. EPA, Interim
Procedures for Estimating Risks Associated with Exposures to Mixtures
of Chlorinated Dibenzo-p-Dioxins and -Dibenzofurans (CDDs and CDFs) and
1989 Update, March 1989.
* * * *

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

IV. In part 261:

The authority citation for part 261 continues to read as
follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.

2. Section 261.4 is amended by adding paragraph (a)(13) to read as
follows:

Sec. 261.4 Exclusions.

(a) * * *
(13) Wastes that meet the following comparable fuel specifications,
under the conditions of paragraph (a)(13)(iv):
(i) Generic comparable fuel specification. (A) Constituent
specifications. For compounds listed below, the specification levels
and, where non-detect is the specification, maximum allowable detection
limits are: [values to be determined].
(B) Physical specifications. (1) Heating value. The heating value
must exceed 11,500 J/g (5,000 BTU/lbm).
(2) Flash point. The flash point must not be less than [value to be
determined].
(3) Viscosity. The viscosity must not exceed [value to be
determined]
(ii) Synthesis gas fuel specification.
(A) Synthesis gas (syngas) which is generated from hazardous waste
and which:
(1) Has a minimum Btu value of 11,500 J/g (5,000 Btu/lb);
(2) Contains less than 1 ppmv of each hazardous constituent listed
in Appendix VIII of this part that could reasonably be expected to be
in the gas, except the limit for hydrogen sulfide (H₂S) is 10
ppmv; and
(3) Which contains less than 1 ppmv each of total chlorine and
total nitrogen other than diatomic nitrogen (N₂).
(B) Measurements of concentrations of constituents specified in
paragraph (a)(13)(ii)(A) are to be taken at the temperature and
pressure of the gas at the point that the exclusion is first claimed.
(iii) Implementation. Waste that meets the comparable fuel
specifications provided by paragraphs (a)(13)(i) or (ii) of this
section is excluded from the definition of solid waste provided that:
(A) The person who generates the waste or produces the syngas must
claim the exclusion. For purposes of this paragraph, that person is
called the waste-derived fuel producer;
(B) (1) The producer must submit a one-time notice to the Director
claiming the exclusion and certifying compliance with the conditions of
the exclusion.
(2) If the producer is a company which produces comparable fuel at
more than one facility, the producer shall specify at which sites the
comparable fuel will be produced and each specified site must be in
compliance with the conditions of the exclusion at each point of
production;
(C) Sampling and analysis. (1) The producer must obtain information
by sampling and analysis as often as necessary to document that fuel
claimed to be excluded meets the comparable fuel specification provided
by paragraphs (a)(13)(i) or (ii) of this section. At a minimum, the
producer must sample and analyze the fuel for all constituents for
which specifications are established when the exclusion is first
claimed, and at least annually thereafter, for all constituents that,
using the results of the initial test and process knowledge, the
producer reasonably expects to be found in the comparable fuel.
(2) The producer must develop and implement a comparable fuel
sampling and analysis plan, using the same protocols used to develop
waste analysis plans, to document that the comparable fuel meets the
specifications.
(3) Analytical methods provided by SW-846 must be used unless prior
written approval is obtained from the Director to use an equivalent
method;
(4) If a waste-derived fuel is blended in order to meet the flash
point and kinematic viscosity specifications, the producer shall
analyze the fuel as produced to ensure that it meets the constituent
and heating value specifications and then analyze the fuel again after
blending to ensure that it meets all specifications.
(5) If not blended, the comparable fuel shall be analyzed as
produced.
(D) (1) Comparable fuel shall be burned on-site or shipped directly
to a person who burns the waste.
(2) No person other than the producer and the burner shall manage a
comparable fuel other than incidental transportation related handling.
(E) Treatment to meet the specification. (1) Bona fide treatment of
hazardous waste to remove or destroy constituents listed in the
specifications or to raise the heating value by removing constituents
or materials can be used to meet the specification.
(2) Owners and operators of RCRA permitted hazardous waste
treatment facilities qualify as producers of waste-derived fuel
eligible for the exclusion provided that the newly generated waste
results from bona fide treatment to remove or destroy constituents
listed in the specifications or to increase the heating value.
(3) Residuals resulting from the treatment of a hazardous waste
listed in subpart D of this part to generate a comparable fuel remain a
hazardous waste.
(4) Treatment by incidental settling during storage or blending
operations is not bona fide treatment for purposes of this exclusion;
and
(F) Blending to meet the specification. Blending a waste
containing, as generated, higher concentration(s) of hazardous
constituent(s) than allowed in the comparable fuel specifications with
materials with lower

[[Page 17530]]

concentrations of such constituents to meet the specifications is
prohibited. (An excluded comparable fuel, however, may be blended with
other materials without restriction.)
(G) Speculative Accumulation. Producers and burners are subject to
the speculative accumulation test under Sec. 261.2(c)(4).
(H) Recordkeeping. Producers claiming the exclusion must keep
records of:
(1) One-time notification to the Director required by paragraph
(a)(13)(ii)(B) of this section;
(2) Sampling and analysis or other information documenting that the
fuel meets the comparable fuel specification;
(3) The comparable fuel sampling and analysis plan; and
(4) For waste that is treated before meeting particular constituent
limits of the comparable fuel specification, documentation that the
treatment resulted in removal or destruction of those constituents to
meet the specification.
(I) Records Retention. Records must be retained for three years.
The sampling and analysis plan and all revisions to the plan shall be
retained for as long as the producer claims the exclusion, plus three
years.

PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES

V. In part 264:

The authority citation for part 264 continues to read as
follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.

2. Section 264.340 is amended by redesignating paragraphs (b), (c),
and (d) as paragraphs (c), (d), and (e), respectively, and adding
paragraph (b), to read as follows:

Sec. 264.340 Applicability.

* * * *
(b) Incorporation of MACT standards. (1) The requirements
applicable to hazardous waste incinerators under subpart EEE, part 63,
of this chapter are incorporated by reference.
(2) When an owner and operator begin compliance (i.e., submit a
notification of compliance) with the requirements of subpart EEE, part
63, of this chapter:
(i) The applicability provisions of Sec. 264.340(b) and (c) no
longer apply;
(ii) The performance standards provided by Sec. 264.343(b) and (c)
are superseded (i.e., replaced) by the subpart EEE, part 63, standards
such that an operating permit issued or reissued under part 270 of this
chapter must ensure compliance with the subpart EEE, part 63, standards
as well as the DRE performance standard under Sec. 264.343;
(iii) The operating requirements of Sec. 264.345(b)(1) through (4)
and the monitoring requirements of Sec. 264.347(a)(1) and (2) are
superseded (i.e., replaced) by the operating and monitoring
requirements of Sec. 63.1210 of this chapter such that an operating
permit issued or reissued under part 270 of this chapter must ensure
compliance with the subpart EEE, part 63, standards as well as the
remaining standards under Secs. 264.345 and 264.347; and
(iv) The operating requirements of Sec. 264.345(d)(1)-(3) and
Sec. 264.345(e) are superseded (i.e., replaced) by the operating and
monitoring requirements of Sec. 63.1207 of this chapter such that an
operating permit issued or reissued under part 270 of this chapter must
ensure compliance with the subpart EEE, part 63, standards as well as
the remaining applicable standards under Sec. 264.345.
* * * *
Section 264.345 is amended by revising paragraph (a) and adding
paragraph (g) to read as follows:

Sec. 264.345 Operating Requirements

(a) An incinerator must be operated in accordance with operating
requirements specified in the permit and meet the applicable emissions
standards at all times that hazardous waste remains in the combustion
chamber. These will be specified on a case-by-case basis as those
demonstrated (in a trial burn or in alternative data as specified in
Sec. 264.344(b) and included with part B of the facility's permit
application) to be sufficient to comply with the performance standards
of Sec. 264.343.

* * * *
(g) ESV Openings. (1) Violation. If an emergency safety vent opens
when hazardous waste is fed or remains in the combustion chamber, such
that combustion gases are not treated as during the most recent
performance test, it is a violation of the emission standards of this
subpart.
(2) ESV Operating Plan. The ESV Operating Plan shall explain
detailed procedures for rapidly stopping waste feed, shutting down the
combustor, maintaining temperature in the combustion chamber until all
waste exits the combustor, and controlling emissions in the event of
equipment malfunction or activation of any ESV or other bypass system
including calculations demonstrating that emissions will be controlled
during such an event (sufficient oxygen for combustion and maintaining
negative pressure), and the procedures for executing the plan whenever
the ESV is used, thus causing an emergency release of emissions.
(3) Corrective measures. After any ESV opening that results in a
violation, the owner or operator must investigate the cause of the ESV
opening, take appropriate corrective measures to minimize future ESV
violations, and record the findings and corrective measures in the
operating record.
(4) Reporting requirement. The owner or operator must submit a
written report within 5 days of a ESV opening violation documenting the
result of the investigation and corrective measures taken.
Section 264.347 is amended by adding paragraphs (e), (f), and
(g).

Sec. 264.347 Monitoring and inspections.

* * * *
(e) Fugitive emissions. (1) Fugitive emissions must be controlled
by:
(i) Keeping the combustion zone totally sealed against fugitive
emissions; or
(ii) Maintaining the maximum combustion zone pressure lower than
ambient pressure using an instantaneous monitor; or
(iii) Upon prior written approval of the Administrator, an
alternative means of control to provide fugitive emissions control
equivalent to maintenance of combustion zone pressure lower than
ambient pressure;
(2) The owner or operator must specify in the operating record the
method used for fugitive emissions control.
(f) Continuous emissions monitors (CEMS). (1) Hazardous waste
incinerators shall be equipped with CEMS for compliance monitoring.
(2) At all times that hazardous waste is fed into the hazardous
waste incinerator or remains in the combustion chamber, CEMS must be
operated in compliance with the requirements of the appendix to subpart
EEE, part 63, of this chapter.
(g) Other continuous monitoring systems. (1) CMS other than CEMS
(e.g., thermocouples, pressure transducers, flow meters) must be used
to document compliance with the applicable operating limits.
(2) Non-CEM CMS must be installed and operated in conformance with
Sec. 63.8(c)(3) of this chapter requiring the owner and operator, at a
minimum, to comply with the manufacturer's written specifications or
recommendations for installation, operation, and calibration of the
system.

[[Page 17531]]

(3) Non-CEM CMS must sample the regulated parameter without
interruption, and evaluate the detector response at least once each 15
seconds, and compute and record the average values at least every 60
seconds.
(4) The span of the detector must not be exceeded. Span limits
shall be interlocked into the automatic waste feed cutoff system.

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

VI. In part 265:

The authority citation for part 265 continues to read as
follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, and 6936,
unless otherwise noted.

2. Section 265.340 is amended by redesignating paragraph (b) as
paragraph (c), and adding paragraph (b), to read as follows:

Sec. 265.340 Applicability.

Sec. 265.347 Monitoring and inspections.

* * * *
(c) Fugitive emissions. (1) Fugitive emissions must be controlled
by:
(i) Keeping the combustion zone totally sealed against fugitive
emissions; or
(ii) Maintaining the maximum combustion zone pressure lower than
ambient pressure using an instantaneous monitor; or
(iii) Upon prior written approval of the Administrator, an
alternative means of control to provide fugitive emissions control
equivalent to maintenance of combustion zone pressure lower than
ambient pressure;
(2) The owner or operator must specify in the operating record the
method used for fugitive emissions control.
(d) Continuous emissions monitoring systems (CEMS). (1) Hazardous
waste incinerators shall be equipped with CEMS for compliance
monitoring.
(2) At all times that hazardous waste is fed into the hazardous
waste incinerator or remains in the combustion chamber, CEMS must be
operated in compliance with the requirements of the appendix to subpart
EEE, part 63, of this chapter.
(e) Other continuous monitoring systems. (1) CMS other than CEMS
(e.g., thermocouples, pressure transducers, flow meters) must be used
to document compliance with the applicable operating limits.
(2) Non-CEM CMS must be installed and operated in conformance with
Sec. 63.8(c)(3) of this chapter requiring the owner and operator, at a
minimum, to comply with the manufacturer's written specifications or
recommendations for installation, operation, and calibration of the
system.
(3) Non-CEMS CMS must sample the regulated parameter without
interruption, and evaluate the detector response at least once each 15
seconds, and compute and record the average values at least every 60
seconds.
(4) The span of the detector must not be exceeded. Span limits
shall be interlocked into the automatic waste feed cutoff system.

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

VII. In part 266:

The authority citation for part 266 continues to read as
follows:

Authority: Secs. 1006, 2002(a), 3004, and 3014 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976, as amended (42 U.S.C. 6905, 6912(a), 6924, and
6934).

2. Section 266.100 is amended by redesignating paragraphs (b), (c),
(d), (e), and (f) as paragraphs (c), (d), (e), (f), and (g), adding
paragraph (b), revising introductory text to paragraph (d)(1), revising
paragraphs (d)(2) (i) and (ii), revising the introductory text to
paragraph (d)(3), revising paragraphs (d)(3)(i)(B) and (d)(3)(ii), and
adding paragraph (h), to read as follows:

Sec. 266.100 Applicability.

* * * *
(b) Incorporation of MACT standards. (1) The requirements
applicable to cement kilns and lightweight aggregate kilns under
subpart EEE, part 63, of this chapter are incorporated by reference.
(2) When an owner and operator begin to comply (i.e., submit a
notification of compliance) with the requirements of subpart EEE, part
63, of this chapter, those requirements apply in addition to those of
this subpart.
* * * *
(d) * * *
(1) To be exempt from Secs. 266.102 through 266.111, 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 burns baghouse bags used to capture metallic
dusts emitted by steel manufacturing, must comply with the requirements
of paragraph (d)(3) of this section, and owners or operators of lead
recovery furnaces that are subject to regulation under the Secondary
Lead Smelting NESHAP must comply with the requirements of paragraph (h)
of this section.
* * * *
(2) * * *
(i) The hazardous waste has a total concentration of nonmetal
compounds listed in part 261, appendix VIII, of this chapter 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 and documentation that the
waste has not been impermissibly diluted must be retained in the
records required by paragraph (d)(1)(iii) of this section; or
(ii) The hazardous waste has a heating value of 5,000 Btu/lb 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 nonmetal
constituents. Blending for dilution to meet the 5,000 Btu/lb limit is
prohibited and documentation that the waste has not been impermissibly
diluted must be retained in the records required by paragraph
(d)(1)(iii) of this section.
(3) To be exempt from Sec. 266.102 through 266.111, an owner or
operator of a lead or nickel-chromium or mercury recovery furnace,
except for owners or operators of lead recovery furnaces subject to
regulation under the Secondary Lead Smelting NESHAP, * * *
(i) * * *
(B) The waste does not exhibit the Toxicity Characteristic of
Sec. 261.24 of

[[Page 17532]]

this chapter for a nonmetal constituent; and

* * * *
(ii) The Director may decide on a case-by-case basis that the toxic
nonmetal constituents in a material listed in appendix XI or XII of
this part that contains a total concentration of more than 500 ppm
toxic nonmetal compounds listed in appendix VIII, part 261, of this
chapter, may pose a hazard to human health and the environment when
burned in a metal recovery furnace exempt from the requirements of this
subpart. In that situation, after adequate notice and opportunity for
comment, the metal recovery furnace will become subject to the
requirements of this subpart when burning that material. In making the
hazard determination, the Director will consider the following factors;
(A) The concentration and toxicity on nonmetal constituents in the
material; and
(B) The level of destruction of toxic nonmetal constituents
provided by the furnace; and
(C) Whether the acceptable ambient levels established in appendices
IV or V of this part may be exceeded for any toxic nonmetal compound
that may be emitted based on dispersion modeling to predict the maximum
annual average off-site ground level concentration.
* * * *
(h) Starting June 23, 1997, owners or operators of lead recovery
furnaces that process hazardous waste for recovery of lead and that are
subject to regulation under the Secondary Lead Smelting NESHAP, are
conditionally exempt from regulation under this subpart, except for
Sec. 266.101. To be exempt, an owner or operator must provide a onetime
notice to the Director identifying each hazardous waste burned and
specifying that the owner or operator claims an exemption under this
paragraph. The notice also must state that the waste burned has a total
concentration of non-metal compounds listed in part 261, appendix VIII,
of this chapter of less than 500 ppm by weight, as fired and as
provided in paragraph (d)(2)(i) of this section, or is listed in
appendix XI, part 266.
Section 266.101 is amended by revising paragraph (c)(1) to read
as follows:

Sec. 266.101 Management prior to burning.

* * * *
(c) Storage and treatment facilities. (1) Owners and operators of
facilities that store or treat hazardous waste that is burned in a
boiler or industrial furnace are subject to the applicable provisions
of parts 264, 265, and 270 of this chapter, except as provided by
paragraph (c)(2) of this section. These standards apply to storage and
treatment by the burner as well as to storage and treatment facilities
operated by intermediaries (processors, blenders, distributors, etc.)
* * * *
Section 266.102 is amended by redesignating paragraph (a)(2) as
(a)(3), adding paragraph (a)(2), revising the introductory text to
paragraph (d)(4), adding paragraph (d)(5), revising paragraphs
(e)(4)(i) (A) and (C), (e)(5)(i) (A) and (C), (e)(6)(i) (A), (B), and
(C), and (e)(6)(iii), revising the introductory text to (e)(7)(i), and
revising paragraphs (e)(7)(i)(C), (e)(8)(i) (A) and (C), and (e)(10),
to read as follows:

Sec. 266.102 Permit standards for burners.

(a) Applicability. (1) * * *
(2) Applicability of MACT standards to cement and lightweight
aggregate kilns. When an owner and operator of a cement or lightweight
aggregate kiln that burns hazardous waste begin to comply (i.e., submit
a notification of compliance) with the requirements of subpart EEE,
part 63, of this chapter:
(i) The emission standards provided by Secs. 266.104 through
266.107 are superseded (i.e., replaced) by the standards under subpart
EEE, part 63, except that the DRE requirement provided by
Sec. 266.104(a) and the enforcement provisions of those sections (i.e.,
Secs. 266.104(i), 266.105(c), 266.106(i), and 266.107(h)) continue to
apply;
(ii) The specific operating requirements (and associated monitoring
requirements) provided by paragraphs (e)(2)(ii), (e)(3), (e)(4), and
(e)(5) of this section are superseded by the standards under subpart
EEE, part 63, except that the provisions of paragraphs (e)(2)(i)(G),
(e)(3)(i)(E), (e)(4)(ii)(J), (e)(4)(iii)(J), and (e)(5)(i)(G) of this
section continue to apply to enable the permitting authority to
establish such other operating requirements as are necessary to ensure
compliance with the standards of subpart EEE, Part 63.;
(iii) An operating permit that is issued or reissued under part 270
of this chapter must ensure compliance with the subpart EEE, part 63,
standards as well as those Sec. 266.102 standards that continue to
apply.

* * * *
(d) * * *
(4) Except as provided by paragraph (d)(5) of this section, * * *
(5) When a cement or lightweight aggregate kiln becomes subject to
the standards of subpart EEE, Part 63, of this chapter, the provisions
of paragraph (d)(4) of this section continue to apply, except that the
operating requirements established under that paragraph will be those
sufficient to ensure compliance with the emission standards of subpart
EEE and the DRE requirement of Sec. 266.104(a).
(e) * * *
(4) * * *
(i) * * *
(A) Total feedrate of each metal in every feedstream measured and
specified under provisions of paragraph (e)(6) of this section;
* * * *
(C) A sampling and metals analysis program for every feedstream;
* * * *
(5) * * *
(i) * * *
(A) Feedrate of total chloride and chlorine in every feedstream
measured and specified as prescribed in paragraph (e)(6) of this
section;
* * * *
(C) A sampling and analysis program for total chloride and chlorine
for every feedstream:
* * * *
(6) * * *
(i) * * *
(A) One-minute average. The limit for a parameter shall be
established and continuously monitored on a one-minute average basis,
and the permit limit specified as the time-weighted average during all
valid runs of the trial burn of the one-minute averages.
(B) Hourly rolling average. The limit for a parameter shall be
established and continuously monitored on an hourly rolling average
basis. The permit limit for the parameter shall be established based on
trial burn data as the average over all valid test runs of the highest
(or lowest, as appropriate) hourly rolling average value for each run.
(C) Instantaneous limit for combustion chamber pressure. Combustion
chamber pressure shall be continuously sampled, detected, and recorded
without use of an averaging period.
(ii) * * *
(iii) Feedrate limits for metals, total chloride and chlorine, and
ash. Feedrate limits for metals, total chlorine and chloride, and ash
are established and monitored by knowing the concentration of the
substance (i.e., metals, chloride/chlorine, and ash) in each feedstream
and the flow rate of the feedstreams. To monitor the feedrate of these
substances, the flowrate of each feedstream must be monitored under the

[[Page 17533]]

monitoring requirements of paragraphs (e)(6) (i) and (ii) of this
section.

* * * *
(7) * * *
(i) Fugitive emissions. Fugitive emissions must be controlled by
the following and it must specify in the operating record the method
used for fugitive emissions control:
* * * *
(C) Upon prior written approval of the Administrator, an
alternative means of control to provide fugitive emissions control
equivalent to maintenance of combustion zone pressure lower than
ambient pressure.
* * * *
(8) * * *
(i) * * *
(A) If specified by the permit, feedrates and composition of every
feedstream and feedrates of ash, metals, and total chloride and
chlorine;
* * * *
(C) Upon the request of the Director, sampling and analysis of any
feedstream, residues, and exhaust emissions must be conducted to verify
that the operating requirements established in the permit achieve the
applicable standards of Secs. 266.105, 266.106, 266.107, and 266.108.
* * * *
(10) Recordkeeping. The owner or operator shall maintain files of
all information (including all reports and notifications) required by
this section recorded in a form suitable and readily available for
expeditious inspection and review. The files shall be retained for at
least 5 years following the date of each occurrence, measurement,
maintenance, report, or record. At a minimum, the most recent 2 years
of data shall be retained on site. The remaining 3 years of data may be
maintained on microfilm, on a computer, on computer floppy disks, on
magnetic tape disks, or on microfiche.
* * * *
Section 266.103 is amended by redesignating paragraphs (a)(2)
through (a)(7) as paragraphs (a)(3) through (a)(8), adding paragraph
(a)(2), revising the introductory text to paragraph (b)(2)(ii),
revising paragraphs (b)(2)(ii)(A), (b)(2)(iii), and (b)(5)(i) and
(iii), revising the introductory text to paragraphs (c) and (c)(4),
revising paragraphs (c)(4)(iv)(A) through (D), revising the
introductory text to paragraph (c)(7), adding a sentence at the end of
paragraph (d), revising the introductory text to paragraph (h),
revising paragraphs (h)(3) and (i), revising the introductory text to
paragraph (j)(1), and revising paragraphs (j)(1)(i) and (iii), and (k),
to read as follows:

Sec. 266.103 Interim status standards for burners.

(a) * * *
(2) Compliance with subpart EEE, part 63. When an owner and
operator begin to comply (i.e., submit a notification of compliance)
with the requirements of subpart EEE, part 63, of this chapter (and
that are incorporated by reference), those requirements apply in lieu
of the requirements of paragraphs (b) through (k) of this section.

* * * *
(b) * * *
(2) * * *
(ii) Except for facilities complying with the Tier I or Adjusted
Tier I feedrate screening limits for metals or total chlorine and
chloride provided by Secs. 266.106(b) or (e) and 266.107(b)(1) or (e),
respectively, the estimated uncontrolled (at the inlet to the air
pollution control system) emissions of particulate matter, each metal
controlled by Sec. 266.106, and hydrochloric acid and chlorine, and the
following information supporting such determinations:
(A) The feedrate (lb/hr) of ash, chlorine, antimony, arsenic,
barium, beryllium, cadmium, chromium, lead, mercury, silver, and
thallium in each feedstream;
* * * *
(iii) For facilities complying with the Tier I or Adjusted Tier I
feedrate screening limits for metals or total chlorine and chloride
provided by Secs. 266.106(b) or (e) and 266.107(b)(1) or (e), the
feedrate (lb/hr) of total chloride and chlorine, antimony, arsenic,
barium, beryllium, cadmium, chromium, lead, mercury, silver, and
thallium in each feedstream.
* * * *
(5) * * *
(i) General requirements. Limits on each of the parameters
specified in paragraph (b)(3) of this section (except for limits on
metals concentrations in collected particulate matter (PM) for
industrial furnaces that recycle collected PM) shall be established and
monitored under either of the following methods:
(A) One-minute average. The limit for a parameter shall be
established and continuously monitored on a one-minute average basis,
and the permit limit specified as the time-weighted average during all
valid runs of the trial burn of the one-minute averages.
(B) Hourly rolling average. The limit for a parameter shall be
established and continuously monitored on an hourly rolling average
basis. The permit limit for the parameter shall be established based on
trial burn data as the average over all valid test runs of the highest
(or lowest, as appropriate) hourly rolling average value for each run.
(C) Instantaneous limit for combustion chamber pressure. Combustion
chamber pressure shall be continuously sampled, detected, and recorded
without use of an averaging period.
* * * *
(iii) Feedrate limits for metals, total chloride and chlorine, and
ash. Feedrate limits for metals, total chlorine and chloride, and ash
are established and monitored by knowing the concentration of the
substance (i.e., metals, chloride/chlorine, and ash) in each feedstream
and the flow rate of the feedstream. To monitor the feedrate of these
substances, the flowrate of each feedstream must be monitored under the
monitoring requirements of paragraphs (b)(5)(i) and (ii) of this
section.
* * * *
(c) Certification of Compliance. The owner or operator shall
conduct emissions testing to document compliance with the emissions
standards of Secs. 266.104(b) through (e), 266.105, 266.106, 266.107
and paragraph (a)(5)(i)(D) of this section, under the procedures
prescribed by this paragraph, except under extensions of time provided
by paragraph (c)(7). Based on the compliance test, the owner or
operator shall submit to the Director on or before August 21, 1992, a
complete and accurate ''certification of compliance'' (under paragraph
(c)(4) of this section) with those emission standards establishing
limits on the operating parameters specified in paragraph (c)(1).
* * * *
(4) Certification of compliance. Within 90 days of completing
compliance testing, the owner or operator must certify to the Director
compliance with the emission standards of Secs. 266.104(b), (c), and
(e), 266.105, 266.106, 266.107 and paragraph (a)(5)(i)(D) of this
section. The certification of compliance must include the following
information:
* * * *
(iv) * * *
(A) One-minute average. The limit for a parameter shall be
established and continuously monitored on a one-minute average basis,
and the permit limit specified as the time-weighted average during all
valid runs of the trial burn of the one-minute averages.
(B) Hourly rolling average. The limit for a parameter shall be
established and continuously monitored on an hourly rolling average
basis. The permit limit for the parameter shall be established based on
trial burn data as the average

[[Page 17534]]

over all valid test runs of the highest (or lowest, as appropriate)
hourly rolling average value for each run.
(C) Instantaneous limit for combustion chamber pressure. Combustion
chamber pressure shall be continuously sampled, detected, and recorded
without use of an averaging period.
(D) Feedrate limits for metals, total chloride and chlorine, and
ash. Feedrate limits for metals, total chlorine and chloride, and ash
are established and monitored by knowing the concentration of the
substance (i.e., metals, chloride/chlorine, and ash) in each feedstream
and the flow rate of the feedstream. To monitor the feedrate of these
substances, the flow rate of each feedstream must be monitored under
the monitoring requirements of paragraphs (c)(4)(iv)(A) through (C) of
this section.

* * * *
(7) Extensions of time. If the owner or operator does not submit a
complete certification of compliance for all of the applicable emission
standards of Sec. 266.104, 266.105, 266.106, and 266.107 as specified
in Sec. 266.103(C)(1), or as required pursuant to Sec. 266.103(d), he/
she must either:
* * * *
(d) * * *. The extensions of time provisions of paragraph (c)(7) of
this section apply to recertifications.
* * * *
(h) Fugitive emissions. Fugitive emissions must be controlled by
one of the following methods. The operator must specify in the
operating record the method selected.
* * * *
(3) Upon prior written approval of the Administrator, an
alternative means of control to provide fugitive emissions control
equivalent to maintenance of combustion zone pressure lower than
ambient pressure.
(i) Changes. A boiler or industrial furnace must cease burning
hazardous waste when changes in combustion properties, or feedrates of
any feedstream, or changes in the boiler or industrial furnace design
or operating conditions deviate from the limits specified in the
certification of compliance.
(j) Monitoring and Inspections. (1) The owner or operator must
monitor and record the following, at a minimum, while burning hazardous
waste. All monitoring and recording shall be in units corresponding to
the units on the operating limits established in the certification of
precompliance and certification of compliance.
(i) Applicable operating parameters of paragraphs (b) and (c) of
this section shall be monitored and recorded under the requirements of
paragraphs (b)(5) (i) and (ii) of this section;
* * * *
(iii) Upon request of the Director, sampling and analysis of any
feedstream 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 Secs. 266.104, 266.105, 266.106, and 266.107.
(k) Recordkeeping. The owner or operator shall maintain files of
all information (including all reports and notifications) required by
this section recorded in a form suitable and readily available for
expeditious inspection and review. The files shall be retained for at
least 5 years following the date of each occurrence, measurement,
maintenance, report, or record. At a minimum, the most recent 2 years
of data shall be retained on site. The remaining 3 years of data may be
maintained on microfilm, on a computer, on computer floppy disks, on
magnetic tape disks, or on microfiche.
* * * *
Section 266.104 is amended by removing paragraph (f), and
redesignating paragraphs (g) and (h) as paragraphs (f) and (g),
respectively.
Section 266.105 is amended by revising paragraph (b),
redesignating paragraph (c) as paragraph (d) and adding paragraph (c),
to read as follows:

Sec. 266.105 Standards to control particulate matter.

* * * *
(b) An owner or operator meeting the requirements of
Sec. 266.109(b) for the low risk exemption is exempt from the
particulate matter standard. Owners and operators of cement or
lightweight aggregate kilns are not eligible for this exemption,
however, upon compliance with the emission standards of subpart EEE,
Part 63, of this chapter.
(c) Oxygen correction. (1) Measured pollutant levels shall be
corrected for the amount of oxygen in the stack gas according to the
formula:

Pc=Pm x 14/(E-Y)

where Pc is the corrected concentration of the pollutant in the stack
gas, Pm is the measured concentration of the pollutant in the stack
gas, E is the oxygen concentration on a dry basis in the combustion air
fed to the device, and Y is the measured oxygen concentration on a dry
basis in the stack.
(2) For devices that feed normal combustion air, E will equal 21
percent. For devices that feed oxygen-enriched air for combustion (that
is, air with an oxygen concentration exceeding 21 percent), the value
of E will be the concentration of oxygen in the enriched air.
(3) Compliance with all emission standards provided by this subpart
shall be based on correcting to 7 percent oxygen using this procedure.

* * * *
Section 266.108 is amended by revising paragraph (a)(2), to read
as follows:

Sec. 266.108 Small quantity on-site burner exemption.

(a) * * *
(2) The quantity of hazardous waste burned in a device for a
calendar month does not exceed 27 gallons.

* * * *
Section 266.109 is amended by revising the introductory text to
paragraph (b) and adding paragraph (b)(3), to read as follows:

Sec. 266.109 Low risk waste exemption.

* * * *
(b) Waiver of particulate matter standard. Except as provided in
paragraph (b)(3) of this section, the particulate matter standard of
Sec. 266.105 does not apply if:
* * * *
(3) When the owner and operator of a cement or lightweight
aggregate kiln become subject to the standards of subpart EEE, part 63,
of this chapter (i.e., upon submittal of the initial notification of
compliance), the source is no longer eligible for waiver of the PM
standard provided by this paragraph. At that time, the source is
subject to the PM standard provided by subpart EEE, part 63.
Section 266.112 is amended by adding a sentence at the end of
the introductory text to paragraph (b)(1), adding a sentence at the
beginning of paragraph (b)(1)(ii), adding a sentence before the last
sentence of paragraph (b)(2)(i), revising the first sentence of
paragraph (b)(2)(iii), redesignating paragraph (c) as paragraph (d),
and adding paragraph (c), to read as follows:

Sec. 266.112 Regulation of residues.

* * * *
(b) * * *
(1) * * * For polychlorinated dibenzo-p-dioxins and polychlorinated
dibenzo-furans, specific congeners and homologues must be measured and
converted to 2,3,7,8-TCDD equivalent values using the calculation
procedure specified in appendix IX, section 4.0 of this part.
(ii) Waste-derived residue. Waste-derived residue shall be sampled
and

[[Page 17535]]

analyzed as required by this paragraph and paragraph (c) of this
section to determine whether the residue generated during each 24 hour
period has concentrations of toxic constituents that are higher than
the concentrations established for the normal residue under paragraph
(b)(1)(i) of this section. * * *
(2) * * *
(i) * * * In complying with the alternative levels for
polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans,
only the tetra-, penta-, and hexa- homologues need to be measured. * *
*
(iii) Sampling and analysis. Waste-derived residue shall be sampled
and analyzed as required by this paragraph and paragraph (c) of this
section to determine whether the residue generated during each 24-hour
period has concentrations of toxic constituents that are higher than
the health-based levels. * * *
(c) Sampling and analysis frequency. (1) The owner or operator must
sample and analyze residues at least once each 24-hour period when
burning hazardous waste, unless written, advance approval is obtained
from the Regional Administrator under paragraph (c)(2) of this section
for less frequent sampling and analysis.
(2) Requests for approval for less frequent sampling and analysis
(that is, less than once each 24-hour period) must be based on and
justified by a statistical analysis.
(i) The Regional Administrator shall not grant approval for a
sampling and analysis frequency of less than once each month.
(ii) At a minimum, the following information to support the request
for reduced sampling and analysis frequency must be submitted to the
Regional Administrator and must be contained in the facility's waste
analysis plan for residue sampling:
(A) The statistical methodology selected, reason for selection, and
the statistical procedures for calculating the sampling frequency;
(B) Analytical results used to generate the statistical database;
and
(C) A description of how the statistical database is to be
maintained and updated.

* * * *
Appendix VIII to part 266 is revised to read as follows:
Appendix VIII to Part 266--Organic Compounds for Which Residues Must Be
Analyzed for Bevill Determinations

-----------------------------------------------------------------------
Volatiles Semivolatiles

-----------------------------------------------------------------------
Benzene................................ Bis(2-ethylhexyl)phthalate.
Toluene................................ Naphthalene.
Carbon tetrachloride................... Phenol.

Chloroform............................. Diethyl phthalate.
Methylene chloride..................... Butyl benzyl phthalate.
Trichloroethylene...................... 2,4-Dimethylphenol.
Tetra chloroethylene................... o-Dichlorobenzene.
1,1,1-Trichloroethane.................. m-Dichlorobenzene.
Chlorobenzene.......................... p-Dichlorobenzene.
cis-1,4-Dichloro-2-butene.............. Hexachlorobenzene.
Bromochloromethane..................... 2,4,6-Trichlorophenol.
Bromodichloromethane................... Fluoranthene.
Bromoform.............................. o-Nitrophenol.
Bromomethane........................... 1,2,4-Trichlorobenzene.
Methylene bromide...................... o-Chlorophenol.
Methyl ethyl ketone.................... Pentachlorophenol.
Pyrene.
Dimethyl phthalate.
Mononitrobenzene.
2,6-Toluene diisocyanate.
Polychlorinated dibenzo-p-
dioxins.
Polychlorinated dibenzo-furans.

-----------------------------------------------------------------------

13. In Appendix IX to Part 266, Section 2.0 of the Table of
Contents and the Appendix is revised to read as follows:

Appendix IX to Part 266--Methods Manual for Compliance With the BIF
Regulations

Table of Contents

* * * *
2.0 Performance Specifications and Quality Assurance
Requirements for Continuous Monitoring Systems
2.1 Continuous emissions monitors (CEMS).
2.2 Other continuous monitoring systems.
* * * *

Section 2.0 Performance Specifications and Quality Assurance
Requirements for Continuous Monitoring Systems

2.1 Continuous emissions monitors (CEMS).
2.1.1 BIFs shall be equipped with CEMS for compliance
monitoring.
2.1.2 At all times that hazardous waste is fed into the BIF or
remains in the combustion chamber, CEMS must be operated in
compliance with the requirements of the appendix to subpart EEE,
part 63, of this chapter.
2.2 Other continuous monitoring systems.
2.2.1 CMS other than CEMS (e.g., thermocouples, pressure
transducers, flow meters) must be used to document compliance with
the applicable operating limits provided by this section.
2.2.2 Non-CEM CMS must be installed and operated in conformance
with Sec. 63.8(c)(3) of this chapter requiring the owner and
operator, at a minimum, to comply with the manufacturer's written
specifications or recommendations for installation, operation, and
calibration of the system.
2.2.3 Non-CEM CMS must sample the regulated parameter without
interruption, and evaluate the detector response at least once each
15 seconds, and compute and record the average values at least every
60 seconds.
2.2.4 The span of the detector must not be exceeded. Span
limits shall be interlocked into the automatic waste feed cutoff
system.

* * * *

PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
PERMIT PROGRAM

VIII. In part 270:

[[Page 17536]]

The authority citation for part 270 continues to read as
follows:

Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and
6974.

2. Section 270.19 is amended by adding a sentence at the end of the
introductory text to the section.

Sec. 270.19 Specific part B information requirements for incinerators

* * When an owner and operator begin to comply (i.e., submit a
notification of compliance) with the requirements of subpart EEE, part
63, of this chapter, specific requirements of Secs. 264.343, 264.345,
and 264.347 are superseded by the subpart EEE standards as provided by
Sec. 264.340(b).

* * * *
Section 270.22 is amended by adding introductory text to read as
follows:

Sec. 270.22 Specific part B information requirements for boilers and
industrial furnaces burning hazardous waste.

When an owner and operator of a cement or lightweight aggregate
kiln begin to comply (i.e., submit a notification of compliance) with
the requirements of subpart EEE, part 63, of this chapter, specific
requirements of Secs. 266.104 through 266.107 are superseded by the
subpart EEE standards as provided by Sec. 266.102(a)(2).

* * * *
In Appendix I to Sec. 270.42, an entry is added to section L.

Appendix I to Sec. 270.42--Classification of Permit Modification

* * * *

-----------------------------------------------------------------------
Modification Class

-----------------------------------------------------------------------

* * * *
L. Incinerators, Boilers, and Industrial Furnaces

* * * *
9.^{2 Initial Technology Changes Needed to Meet Standards under
40 CFR Part 63 (Subpart EEE--National Emission Standards for
Hazardous Air Pollutants From Hazardous Waste Combustors)''.. ^{11

* * * *
-----------------------------------------------------------------------
\1\ Class 1 modifications requiring prior Agency approval.
\2\ Denotes that this section will be dropped from Appendix I 4 years
following promulgation of this rule.

Section 270.62 is amended by adding introductory text and
revising paragraph (b)(2)(vii), to read as follows:}}
Sec. 270.62 Hazardous waste incinerator permits.

When an owner and operator begin to comply (i.e., submit a
notification of compliance) with the requirements of subpart EEE, part
63, of this chapter, specific requirements of Secs. 264.343, 264.345,
and 264.347 are superseded by the subpart EEE standards as provided by
Sec. 264.340(b).

* * * *
(b) * * *
(2) * * *
(vii) Procedures for rapidly stopping waste feed, shutting down the
combustor, maintaining temperature in the combustion chamber until all
waste exits the combustor, and controlling emissions in the event of
equipment malfunction or activation of any ESV or other bypass system
including calculations demonstrating that emissions will be controlled
during such an event (sufficient oxygen for combustion and maintaining
negative pressure), and the procedures for executing the ''Contingency
Plan'' whenever the ESV is used, thus causing an emergency release of
emissions.
* * * *
Section 270.66 is amended by adding introductory text to read as
follows:

Sec. 270.66 Permits for boilers and industrial furnaces burning
hazardous waste.

When an owner and operator of a cement or lightweight aggregate
kiln begin to comply (i.e., submit a notification of compliance) with
the requirements of subpart EEE, part 63 of this chapter, specific
requirements of Sec. 266.104 through 266.107 are superseded by the
subpart EEE standards as provided by Sec. 266.102(a)(2).

* * * *
Section 270.72 is amended by adding paragraph (b)(8) to read as
follows:

Sec. 270.72 Changes during interim status.

(b) * * *
(8) Changes necessary to comply with standards under subpart EEE,
part 63, of this chapter (National Emission Standards for Hazardous Air
Pollutants From Hazardous Waste Combustors).

* * * *

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS

IX. In part 271:

The authority citation for part 271 continues to read as
follows:

Authority: 42 U.S.C. 9602; 33 U.S.C. 1321 and 1361.

Subpart A--Requirements for Final Authorization

2. Section 271.1(j) is amended by adding the following entries to
Table 1 in chronological order by date of publication in the Federal
Register to read as follows:

Sec. 271.1 Purpose and scope.

* * * *
(j) * * *

Table 1.--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
-----------------------------------------------------------------------
Federal Register

Promulgation date Title of regulation reference Effective date
-----------------------------------------------------------------------

-----------------------------------------------------------------------
[Insert date of publication of final Revised Standards for [Insert FR page [Insert date of
rule in the Federal Register (FR)].. Hazardous Waste numbers].. publication of final
Combustion Facilities. rule].

-----------------------------------------------------------------------
*

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* * * *
[FR Doc. 96-7872 Filed 4-18-96; 8:45 am]
BILLING CODE 6560-50-U}}}}}}

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Revised Standards for Hazardous Waste Combustors

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