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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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02/01/2011Fact Sheet: Identification of Non-Hazardous Secondary Materials That Are Solid Wastes Final RulePublication
 Description: This fact sheet discusses a series of rules that will provide substantial reductions in the release of hazardous air pollutants into the atmosphere, and provide substantial benefits to the many communities where these units are located. The four rules were developed together because of the interrelationship among them. Three of the rules establish emission standards under the Clean Air Act (CAA), while the other rule was developed under RCRA. The RCRA rule clarifies which non-hazardous secondary materials are, or are not, solid wastes when burned in combustion units.
 
08/01/2008EPA’S RULE TO ALLOW IMPORTATION OF PCB-CONTAINING WASTE FROM MEXICO FOR INCINERATIONMemo
 Description: EPA is analyzing and considering all viewpoints expressed in making a final determination on whether to grant the request to import PCB-containing waste from Mexico for incineration.
 
08/01/2006Environmental Fact Sheet: Issues in MACT Rule Reopened for CommentPublication
 Description: This fact sheet discusses the reconsideration proposed rule for the standards for hazardous air pollutants from hazardous waste combustors. EPA is requesting comment on several issues regarding the national emission standards for hazardous air pollutants (NESHAP) for new and existing hazardous waste combustors that were issued on October 12, 2005 (70 FR 59402). The NESHAPs are based on the maximum achievable control technology (MACT) for hazardous waste combustors. In addition, EPA is proposing amendments to several compliance and monitoring provisions in the rule.
 
03/01/2006Environmental Fact Sheet: Changes to Pollution Emission Standards for Hazardous Waste Combustors: Administrative Stay And Proposed New StandardsPublication
 Description: This fact sheet discusses the three-month administrative stay that EPA is issuing for one of the National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements for hazardous waste combustors. The Agency is issuing the temporary administrative stay while reconsidering the particulate matter standard for new cement kilns that burn hazardous waste. In a second action, EPA is issuing a proposed rule soliciting comment on a revised particulate matter standard for new sources based on data submitted in a petition from the cement manufacturing industry. These new particulate matter data were not available when the NESHAP was issued in October 2005.
 
09/01/2005Environmental Fact Sheet: National Emission Standards for Hazardous Air PollutantsPublication
 Description: This fact sheet discusses the final rule from October 12, 2005, that promulgates national emission standards for hazardous air pollutants (HAPs) from hazardous waste combustors (HWCs). The standards implement section 112(d) of the Clean Air Act by requiring hazardous waste combustors to meet HAP emission standards reflecting the application of the maximum achievable control technology (MACT).
 
02/16/2001CLOSURE OF SAFETY-KLEEN'S BRIDGEPORT HAZARDOUS WASTE INCINERATORMemo
 Description: EPA does not provide grants so that a hazardous waste management facility may be upgraded to meet regulatory requirements, including the maximum achievable control technology (MACT) standards.
 
02/15/2001PLASMA ENHANCED MELTER (PEM) AND GASIFICATION AND VITRICATION (GASVIT) SYSTEMS AS LDR COMBUSTION TREATMENT TECHNOLOGYMemo
 Description: The CMBST treatment standard includes treatment in thermal units such as incinerators, boilers, and industrial furnaces. The CMBST definition also includes non-combustion units when operated pursuant with applicable technical operating requirements. The PEM or GASVIT technology does not need to obtain a determination of equivalent treatment (DET) because the system satisfies the CMBST definition due to its organic constituent destruction removal efficiency, the high temperatures reached in its process chamber, and its air pollution control devices (SEE ALSO: 61 FR 15588; 4/8/96).
 
07/26/2000ISSUES RELATED TO PERMITTING OF WTI FACILITY IN OHIOMemo
 Description: EPA will give full consideration to Ombudsman’s investigation and recommendations on permit renewal of incinerator in Ohio. EPA brochure “Sensitive Environments and the Siting of Hazardous Waste Management Facilities” provides guidance that is not legally binding (SEE ALSO: EPA530-K-97-003). WTI’s expired permit continues in force until issuance or denial of state-issued RCRA permit. EPA has authority to terminate state-issued permit under certain conditions.
 
03/10/2000PERMITTING OF MOLTEN SALT OXIDATION PROCESSMemo
 Description: Miscellaneous unit regulations specify environmental performance standards. Permitting agency will specify terms and provisions from other sections of regulations as technical standards. EPA expects permit writer to look to new maximum achievable control technology (MACT) incinerator air emissions standards for miscellaneous unit. Spent salt from molten salt oxidation (MSO) process may be hazardous waste via derived-from rule. Permitting authority may require risk assessment be completed. Heavy metals are of concern since they are not destroyed by treatment. Units treating waste containing polychlorinated biphenyls (PCBs) may need RCRA and TSCA permits in order to operate. Mixed waste is dually regulated in most states by both EPA and Nuclear Regulatory Commission (NRC).
 
02/04/2000INCINERATION OF CHEMICAL WEAPONSMemo
 Description: EPA cannot require Army to use specific technologies to destroy chemical weapons. EPA and authorized states have authority to oversee Army’s Chemical Stockpile Disposal Program activities. Army’s current position is that incineration is best technology for destroying chemical agents in weapons. States involved with permitting chemical deminilitarization facilities conduct thorough reviews of Army plans to ensure protectiveness.
 
07/01/1999RESIDUES FROM THE TRIAL BURN OF LISTED HAZARDOUS WASTESQuestion & Answer
 Description: Residue from trial burn of listed hazardous waste mixture is listed hazardous waste via derived-from rule (261.3(c)(2)(i))(SEE ALSO: 66 FR 27266; 5/16/01). Permit applicant for incinerator is not absolved from identifying solid and hazardous waste generated from trial burn.
 
06/07/1999MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS FOR CEMENT KILNS BURNING HAZARDOUS WASTE FUELSMemo
 Description: Agency response to a Senator regarding risk justification for Maximum Achievable Control Technology (MACT) standards. A beyond-the-floor standard for lead and cadmium would reduce emissions of these metals by 5.5 megagrams per year beyond floor emission level. A beyond-the-floor standard would not affect the quantity of hazardous waste fuels burned in cement kilns. There is a discussion of the Agency initiative to move from an almost exclusively technology-based program to a risk-based program (SEE ALSO: 64 FR 52828; 9/30/99).
 
04/16/1999DEVELOPMENT OF MACT EMISSION STANDARDS FOR SEMIVOLATILE METALSMemo
 Description: Agency response to Senator on Maximum Achievable Control Technology (MACT) standards for semivolatile metals (SVM) hazardous waste burning cement kilns. EPA has documented positive correlation between SVM feedrates and emissions for hazardous waste combustors (SEE ALSO: 64 FR 52828; 9/30/99).
 
04/06/1999IMPLEMENTATION OF THE HAZARDOUS WASTE COMBUSTION MACT RULEMemo
 Description: Maximum achievable control technology (MACT) fast track rule included streamlined RCRA permit modification procedures for changes necessary to comply with MACT. EPA encourages states to adopt streamlined modification procedures. States that have adopted streamlined modification procedures may implement them without final authorization from EPA beforehand. EPA policy is to not release rulemakings prior to being published in the Federal Register; EPA accepts involvement of stakeholders in developing implementation guidance.
 
01/28/1999PROHIBITION ON COMBUSTION OF MERCURY-BEARING WASTEMemo
 Description: D009 wastewater or a Low Mercury Subcategory nonwastewater that does not meet the criteria of 268.3(c) is prohibited from combustion. A facility may petition for a variance from the prohibition on combustion if no other technology exists that can treat the waste. The High Mercury-Organic Subcategory waste has a treatment standard of IMERC or RMERC. Because IMERC is the specified and required treatment technology, facilities may combust High Mercury-Organic Subcategory waste.
 
01/08/1999MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) RULEMAKING AND INCINERATION OF DIOXIN-CONTAMINATED WASTESMemo
 Description: The maximum achievable control technology (MACT) rule will establish emission limits for dioxins and furans. The rule will require hazardous waste combustors to demonstrate that dioxin in waste feed is sufficiently destroyed (SEE ALSO: 64 FR 52828; 9/30/99). Treatment may be available for dioxin waste at the Coffeyville, Kansas incinerator in the future.
 
12/09/1998EQUALLY STRINGENT EMISSIONS STANDARDS FOR ALL HAZARDOUS WASTE COMBUSTORSMemo
 Description: EPA is developing emission standards for hazardous waste combustors under section 112(d) of the Clean Air Act (CAA). Standards are based on maximum achievable control technology (MACT) and can be no less stringent than the level of control achieved by the best performing 12 percent of existing sources. Emission standards for the different types of combustors may differ since levels must be initially based on existing sources. RCRA will be used as necessary to supplement CAA authorities (SEE ALSO: 64 FR 52828; 9/30/99).
 
10/26/1998MACT FAST TRACK RULEMemo
 Description: Maximum achievable control technology (MACT) Notification of Intent to Comply (NIC) and Progress Report requirements will be enforced and implemented by EPA regardless of state authorization for the fast track rule. Clean Air Act (CAA) notification requirements are subject to MACT delegation process, not RCRA state authorization procedures. In states without the comparable fuels exclusion, waste must be managed in accordance with Subtitle C requirements. A facility that can not meet the three-year statutory deadline can apply for a one-year extension to the compliance date in order to install pollution prevention controls, in accordance with 40 CFR 63.1216 (SEE ALSO: 63 FR 33782; 6/19/98).
 
10/08/1998CONCERNS ABOUT BURNING HAZARDOUS WASTE IN CEMENT KILNSMemo
 Description: EPA updating regulations to control toxic emissions from hazardous waste combustors (SEE ALSO: 64 FR 52828; 9/30/99). Cement kilns can burn hazardous waste as safely as incinerators. Cement kilns burn hazardous waste fuels as alternative to coal and other fuels.
 
09/29/1998ADEQUATE PUBLIC NOTICE FOR MACT RULE PROVISIONSMemo
 Description: EPA will continue to comply fully with the Administrative Procedures Act in developing the final maximum achievable control technology (MACT) rule for hazardous waste combustors (SEE ALSO: 64 FR 52828; 9/30/99). Differences between MACT rules for hazardous waste combustors (HWC) and nonhazardous waste burning cement kilns is due to fact that HWC are currently subject to different emissions controls. EPA is committed to ensuring a fair and reasonable opportunity for the public to have input in the rulemaking process (SEE ALSO: RPC# 9/10/99-01).
 
09/10/1998NOTICE AND COMMENT ISSUES IN CONNECTION WITH THE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) RULEMAKINGMemo
 Description: EPA will continue to comply fully with the Administrative Procedures Act in developing the final maximum achievable control technology (MACT) rule for hazardous waste combustors (SEE ALSO: 64 FR 52828; 9/30/99). EPA is committed to ensuring a fair and reasonable opportunity for the public to have input in the rulemaking process.
 
05/01/1998Environmental Fact Sheet: Final Standards for Hazardous Waste Combustors - Phase IPublication
 Description: Describes EPA's final standards for four items in the first phase of finalizing its proposal to revise the air emission standards for certain units that combust hazardous wastes (i.e., hazardous waste generators, hazardous waste burning incinerators, cement kilns, and lightweight aggregate kilns.
 
02/09/1998DISPOSAL CAPACITY IN THE UNITED STATES FOR CERTAIN HAZARDOUS WASTES INCLUDING DIOXIN BEARING WASTESMemo
 Description: The Laidlaw facility in Coffeyville, Kansas is the only permitted commercial facility in the U.S. able to accept and treat dioxin-bearing wastes. Due to a decrease in demand, Laidlaw may put the facility in “idling mode” for one year to determine if the demand will increase. EPA is not aware of other facilities seeking a permit to treat dioxin-bearing wastes.
 
01/05/1998STATUS OF CARBON REGENERATION UNITS UNDER RCRA AND PROPOSED SUBPART X PERMIT CONDITIONS FOR ENVIROTROLMemo
 Description: On February 21, 1991, EPA added a definition of carbon regeneration unit (CRU) and revised the definition of incinerator, specifying that both direct flame and nonflame CRUs are thermal treatment devices, not incinerators (56 FR 7200). The regulatory language change did not alter the regulatory status of CRUs, but clarified how they should be regulated. State authorization issues are also clarified in previous guidance (RPC# 8/2/91-01). If states authorized for the base program can reasonably implement their existing programs consistent with EPA's interpretation that all CRUs are regulated units, no further approval by EPA is required.
 
07/30/1997RESPONSE TO QUESTIONS FROM CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL REGARDING VARIOUS ISSUES ON THE COMBUSTION OF HAZARDOUS WASTEMemo
 Description: Controlled flame combustion refers to a steady-state, or near steady-state, process wherein fuel and/or oxidizer feed rates are controlled. Fluidized bed devices are incinerators. Catalytic converters are regulated as miscellaneous units if the reaction ceases without the catalyst. The use of a catalyst to enhance traditional combustion would not allow classification as a miscellaneous unit. Systems operating outside the limits of flammability (i.e., a flame is never formed) are not incinerators. The process not the product determines a unit's classification. Syngas that is hazardous waste derived is subject to regulation if used as a fuel unless the comparable fuels exemption applies (SEE ALSO: 63 FR 33782; 6/19/98).
 
05/02/1997MACT IMPLEMENTATION PROJECT’S (MIP’S) DRAFT COMPLIANCE PLANMemo
 Description: EPA released for public comment a compliance plan for the maximum achievable control technology (MACT) proposed standards called the public and regulatory notification of intent to comply (PRNIC) (SEE ALSO: PRNIC requirements finalized at 63 FR 33782; 6/19/98). The only enforceable aspects of the PRNIC are that it is submitted on time and that it is complete.
 
03/04/1997MUNICIPAL SOLID WASTE LANDFILLS AND OTHER WASTE MANAGEMENT METHODSMemo
 Description: No Congressional mandate exists for EPA to establish landfill standards that represent state-of-the-art technology. New landfills and lateral expansions of existing landfills must meet a performance standard based on releases to groundwater or be constructed with a liner and leachate collection system. Existing landfills may be lined or unlined (i.e., they are not required to retrofit liner systems). All landfill units must monitor releases, take corrective action in the event of a release, and meet post-closure care requirements. EPA requires financial assurance for all landfills by April 1997. The deadline may be extended for one year if the owner or operator has insufficient time to comply. Composting is a form of recycling. The solid waste management hierarchy considers source reduction to be the preferred solid waste management option, followed by recycling (including composting), combustion (with energy recovery), and landfilling. EPA has two on-going studies on resource recovery. An ORD study to develop a life-cycle inventory database and decision-support tool for solid waste managers and a study to develop a greenhouse gas emissions inventory for municipal solid waste.
 
09/30/1996PROPOSED MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: The Maximum Achievable Control Technology (MACT) air emission standards will be issued under joint RCRA and Clean Air Act authority (SEE ALSO: 64 FR 52828; 9/30/99). EPA does not have any indication from the regional offices that they intend to impose the proposed MACT standards in permits. The use of the omnibus permit authority under RCRA 3005(c)(3) to incorporate the proposed standards as permit conditions would require site-specific justification and may not rest solely on the proposal of these limits as national standards.
 
06/10/1996HOW TREATING FILTRATION MEDIA COMPARABLE TO ACTIVATED CARBON WOULD BE PERMITTED UNDER RCRAMemo
 Description: A unit regenerating hazardous waste (HW) other than spent activated carbon (e.g., activated alumina) can be a carbon regeneration unit (CRU) if it is used primarily to regenerate spent carbon, and other regeneration activities are similar. Regeneration means restoring HW material to its original use. A CRU regulated as a thermal treatment unit is subject to Part 264, Subpart X, and Part 265, Subpart P, not incinerator standards.
 
05/23/1996EPA'S IMPLEMENTATION OF THE HAZARDOUS WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: EPA can require combustion facilities to perform indirect exposure risk assessments under the omnibus authority (Section 3005(c)(3)). EPA does not require the use of a particular risk assessment model. In order to invoke the omnibus authority, EPA must show that additional requirements are necessary to protect human health and the environment. Discusses the scope and limitations of the omnibus provision. The Combustion Strategy does not impose regulatory requirements and is not subject to notice and comment. Discusses EPA rationale for targeting hazardous waste combustors under the Combustion Strategy. Facilities can challenge requests to perform a risk assessment (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
05/10/1996APPLICABILITY OF OMNIBUS AUTHORITY AND SITE SPECIFIC RISK ASSESSMENTS TO WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: The use of the omnibus authority (Section 3005(c)(3)) in implementing the Combustion Strategy is consistent with the original intent of statute and regulations. The strategy does not impose regulatory requirements, but is a statement of policy. EPA requires a site-specific risk assessment at hazardous waste combustion facilities prior to permit determination under omnibus authority because combustion regulations do not fully account for indirect exposure pathways (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
04/25/1996QUESTIONS REGARDING THE HAZARDOUS WASTE MINIMIZATION AND COMBUSTION STRATEGY AND THE HAZARDOUS WASTE MINIMIZATION NATIONAL PLANMemo
 Description: EPA’s response to various questions on the Hazardous Waste Minimization and Combustion Strategy and the Hazardous Waste Minimization National Plan. Two strategy updates have been published since September 1994. The strategy did not create a moratorium on new incinerators. EPA gives priority to the final permitting of existing facilities. EPA details the current understanding of continuous emissions monitoring systems (CEMS). EPA proposed revised standards for hazardous waste combustion facilities (SEE ALSO: 61 FR 17358; 4/19/96).
 
04/10/1996MAXIMUM ACHIEVALBE CONTROL TECHNOLOGY (MACT) RULEMAKING FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: Improperly designed hazardous waste incinerators and cement and light weight aggregate kilns (BIFs) can pose a hazard. EPA signed the proposed MACT rule on March 20, 1996, (61 FR 17358; 4/19/96) to establish tough dioxin, mercury, and lead emission standards (SEE ALSO: 64 FR 52828; 9/30/99). The Agency will continue to use the omnibus permitting authority (270.32(b)(2) and 3005(c)(3)) to ensure protection on a site-specific basis. The Agency remains committed to developing tailored regulations in conjunction with the existing authorities for Bevill exempt cement kiln dust (CKD). Addresses the risks from CKD management identified in the CKD regulatory determination (60 FR 7366; 2/7/95). The decision affects all CKD, regardless of the fuel burned. The CKD program will be risk-based, flexible, and tailored to site-specific conditions.
 
03/15/1996EPA RESPONSES TO CONCERNS RAISED ON THE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS FOR CEMENT KILNSMemo
 Description: Discusses the Agency response to a Congressman on the approach to combustion emissions regulation, why the Agency is pursuing MACT, and the risk justification for MACT. Addresses whether cement kilns and incinerators are grouped in developing MACT and whether the Agency distinguishes between wet and dry kilns under MACT. Discusses why the Agency established feed rate limits for kilns under MACT (SEE ALSO: 64 FR 52828; 9/30/99), and why the Agency is requiring a site-specifc risk assessment at cement kilns using the omnibus permitting authority (RCRA 3005(c)(3)).
 
03/01/1996Environmental Fact Sheet: Revised Technical Standards Proposed for Hazardous Waste Combustion Facilities (MACT)Publication
 Description: Presents an overview of the proposal to revise the emission standards for hazardous waste-burning incinerators, cement kilns, and lightweight aggregate kilns. This rule is being proposed under the joint authority of the Clean Air Act (CAA) and the Resource Conservation Recovery Act (RCRA). The proposal fulfills EPA’s committment, as stated in the 1993 Hazardous Waste Minimization and Combustion Strategy, to upgrade the emission standards for hazardous waste-burning facilities.
 
02/26/1996APPLICABILITY OF THE OMNIBUS AUTHORITY AND SITE SPECIFIC RISK ASSESSMENTS TO WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: The use of omnibus authority (Section 3005(c)(3)) in implementing the Combustion Strategy is consistent with the original intent of the statute and regulations. The strategy does not impose regulatory requirements, but is statement of policy. Under the omnibus authority, EPA requires a site-specific risk assessment at hazardous waste combustion facilities prior to permit determination because combustion regulations do not fully account for indirect exposure pathways (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
11/30/1995SITE-SPECIFIC RISK ASSESSMENTS AT COMBUSTION FACILITIES THAT ARE REGULATED UNDER RCRAMemo
 Description: As part of the Combustion Strategy, EPA has a policy of strongly recommending site-specific risk assessments for all permits under the Section 3005(c)(3) omnibus provision (when necessary). EPA recommends site-specific risk assessments for all combustors (incinerators, BIFs) (SEE ALSO: 61 FR 17358; 4/19/96).
 
08/02/1995A DETERMINATION OF WHETHER A DETOX(SM) WET OXIDATION PROCESS WOULD BE REGULATED UNDER SUBPART X OR UNDER SUBPART OMemo
 Description: Wet oxidation process (DETOX) is a miscellaneous unit, not incinerator, because direct flame combustion is not involved. Subpart X permits contain such terms necessary to protect human health and environment.
 
07/18/1995DETERMINATION OF EQUIVALENT TREATMENT (DET) FOR F024 FOR WHICH INCINERATION IS BDATMemo
 Description: The proposed treatment of F024 using catalytic extraction processing would provide the treatment equivalent to the promulgated treatment standard, INCIN (incineration). This determination of equivalent treatment (DET) pursuant to 268.42(b) applies to specific facilities. Additional sites may be covered by a DET if the technology is expected to be commercially deployed at other sites and the company requests a DET.
 
03/08/1995REGULATORY STATUS OF SPENT FOUNDRY SAND UNDER RCRAMemo
 Description: Foundry sands normally become wastes when a sand mold is broken at a "shakeout table" and the sand is separated from metal castings. If the sand is destined for reclamation rather than direct reuse, the sand is a spent material and solid waste (SUPERSEDED: SEE RPC# 3/28/2001-01). Nonthermal reclamation of foundry sands (screening sand to remove metal residuals) is an exempt recycling process. Thermal reclamation using a controlled flame to destroy organics in the sand is incineration subject to Subpart O. Spent foundry sand destined for direct reuse as a fluxing agent in primary copper smelting is not a solid waste. Treating hazardous spent foundry sands with iron to stabilize metal contaminants could constitute impermissible dilution (SEE ALSO: 60 FR 11702, 11731; 3/2/95). Most spent foundry sand that is hazardous exhibits the toxicity characteristic for lead (D008) or cadmium (D006). An estimate that 4% of foundry sand sent for disposal is hazardous is provided. Sand used in a leaded brass manufacture is more often hazardous than other foundry sands.
 
11/15/1994APPLICABILITY OF RCRA REGULATIONS TO A PROPOSED FUMING/GASIFICATION UNITMemo
 Description: Discusses the regulatory status of a fuming/gasification (plasma arc) unit as an incinerator, industrial furnace, or miscellaneous unit. Clarifies devices versus process trains (SEE ALSO RPC# 7/29/94- 01). If the process train meets the industrial furnace definition, it may be conditionally exempt under Section 266.100(c) (SEE ALSO: 61 FR 17358; 4/19/96). The Draft Waste Minimization and Combustion Strategy does not apply to combustion facilities that handle only remediation wastes.
 
11/15/1994NSPS AND EMISSIONS GUIDELINES FOR MUNICIPAL INCINERATIONMemo
 Description: Clean Air Act standards for medical waste incinerators (New Source Performance Standards (NSPS) and Emissions Guidelines (EG)) are expected to be proposed in February 1995. The DOT regulation of medical waste and materials infectious to animals are expected to be effective on 10/1/95 (SEE ALSO: 60 FR 33912; 6/29/95).
 
11/15/1994VARIANCES FROM CLASSIFICATION AS A SOLID WASTE UNDER 40 CFR 260.31(B) FOR SPENT CATALYSTSMemo
 Description: Wastes subject to a variance for secondary materials that are reclaimed and reused within original production process in which generated are not subject to RCRA even if they are burned or incinerated. Provides the criteria or conditions that an applicant must meet to be eligible for a variance. The Agency can weigh criteria differently and add factors (SEE ALSO: Section 261.4(a)(8)).
 
11/03/1994CLARIFICATION OF DISCARDED AMMUNITION OF 0.50 CALIBERMemo
 Description: Small arms ball ammunition up to and including .50 caliber are not reactive (D003) but may be hazardous for another characteristic. Popping furnaces are incinerators. Popping furnaces treating small arms ball ammunition that exhibit a characteristic are subject to RCRA as incinerators.
 
11/01/1994Commercial Hazardous Waste Incinerators (as of November 1, 1994)Publication
 Description: Lists 20 commercial hazardous waste incinerator facilities operating on November 1, 1994, and nine commercial hazardous waste incinerator facilities not operating on November 1, 1994 and four commercial hazardous waste incinerator facilities with permit applications pending. Includes facility name and location.
 
11/01/1994Status of Rulemaking on Emissions Standards and ControlsPublication
 Description: This document addresses the upgrading of emissions standards controls for hazardous waste combustors (HWCs) and concerns with existing controls; describes promulgation under joint RCRA and Clean Air Act (CAA) authorities; and discusses the hazardous air pollutants (HAPs) to be regulated, enhanced monitoring, and progress to date.
 
11/01/1994Universe of Hazardous Waste Combustion Facilities (as of November 1, 1994)Publication
 Description: This fact sheet presents EPA's current statistics on the permitting status of incinerators and boilers and industrial furnaces.
 
10/24/1994DETERMINATION OF EQUIVALENT TREATMENT (DET) FOR 8 OF THE WASTE CODES FROM A TOLUENE DIISOCYANATE (TDI) TREATABILITY GROUPMemo
 Description: The catalytic extraction processing and compliance with universal treatment standards (UTS) for metals is equivalent to best demonstrated available technology (BDAT) of incineration or combustion for toluene diisocyanate waste (K027, K112, K114, K115, K116, U221, U223). K111 has a land disposal restrictions (LDR) concentration based standard, not technology, and thus is not eligible for an equivalent treatment variance.
 
09/19/1994REGULATORY DETERMINATION OF THE PRIMER NEUTRALIZATION UNIT ""POPPING FURNACE""Memo
 Description: Burning hazardous waste in an incinerator is not exempt recycling, but rather is incineration regulated under Parts 264 or 265, even if some energy or material recovery occurs. Demilitarization and munitions popping furnaces are regulated as incinerators. Controlled flame combustion units burning hazardous waste are boilers, industrial furnaces, or incinerators.
 
08/17/1994ALTERNATIVE METALS ANALYSIS FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: There is no regulatory requirement to analyze metal emissions from incinerators, which is in contrast to the boiler and industrial furnace (BIF) standards. Inductively coupled plasma/mass spectroscopy (ICP/MS) may be an alternative to inductively coupled plasma/optical emission spectroscopy (ICP/OES) for incinerators (SEE ALSO: 61 FR 17358; April 19, 1996).
 
07/29/1994CLARIFICATION REGARDING SINGLE EMISSION POINT, MULTI-DEVICE COMBUSTION FACILITIESMemo
 Description: Provides clarification of operating and permit conditions for connected combustion units, like incinerators and BIFs, with a single emission point. When regulations conflict, preference is given to the more stringent or more technically appropriate standards. The RCRA Section 3005(c)(3) omnibus provisions may be appropriate. Units receive permits, or interim status, individually. Discusses the definition of a boiler. The industrial furnace definition applies to combustion units on a device-by-device basis (precalciner exception). Plasma arc and infrared units are incinerators when they have afterburners and miscellaneous units when they do not. A hazardous-waste fired afterburner is an incinerator.
 
07/26/1994DETERMINATION ON THE LEGALITY AND APPROPRIATENESS OF USING INCINERATION FOR TWO P078 WASTE STREAMSMemo
 Description: The land disposal restrictions (LDR) treatment standard for P078 is ADGAS. Liquid P078 absorbed onto debris or into a rinsate liquid meets the standard. An equivalent method variance is not necessary in such cases. Residues from incineration are subject to the treatment standards.
 
07/21/1994CLARIFICATION: IS A FACILITY THAT HAS A ""PRIMARY PURPOSE"" OF BURNING HAZARDOUS WASTE FOR DESTRUCTION SUBJECT TO RCRA REGULATIONS?Memo
 Description: Solid waste includes materials that are abandoned by being burned or incinerated. Discusses the history of the incinerator and BIF rules. The BIF rules apply even to BIFs burning hazardous waste (HW) for destruction. A facility with the “primary purpose” of burning HW for destruction is an incinerator. A test to determine whether a device is a BIF is in definition at Section 260.10. The revenue of a facility for treatment versus recycling is not sole factor in identifying the unit, but is factor in determining whether the activity is destruction, or legitimate or sham recycling. Delisting is not a prerequisite to use the Section 266.20 use in manner constituting disposal exemption. Section 266.20 only applies to to legitimate products derived from hazardous waste, not to hazardous waste residues that are merely claimed to be products. HSWA requires that facilities should conduct proper hazardous waste management in order to protect the environment and to achieve the ultimate goals of waste minimization and the reduction of land disposal.
 
07/05/1994GUIDANCE ON TRIAL BURN FAILURESMemo
 Description: Discusses EPA’s guidance on incinerator and BIF trial burns including: what is a successful trial burn, how to handle invalid trial burn data, what is an unsuccessful trial burn. Discuses requests for a trial burn retest, and restriction of operations after unsuccessful trial burn.
 
07/05/1994Memorandum on Trial Burns (Guidance on Trial Burn Failures)Publication
 Description: This document contains the July 5, 1994, memorandum from Shapiro to Directors that clarifies EPA's policy on trial burns for incinerators and boilers and industrial furnaces (BIFs). The memo addresses issues regarding trial burn failures, including what constitutes a successful trial burn; how to handle invalid data; what constitutes an unsuccessful trial burn; how to handle a request for a trial burn retest; and how to restrict operations after an unsuccessful trial burn.
 
06/10/1994INTERPRETATION OF THE MIXTURE RULE EXEMPTION AS IT RELATES TO SCRUBBER WATER FROM THE INCINERATION OF CERTAIN SOLVENTSMemo
 Description: The 261.3(a)(2)(iv)(A) and (B) mixture rule exemptions for de minimis quantities of solvents apply only to solvents incidentally discharged to wastewaters, not to solvents in "principle wastestreams" routed to wastewaters. Scrubber water derived from listed solvent incineration is not eligible for the mixture rule exemption.
 
05/24/1994Press Release Announcing EPA's Proposal Expanding Opportunities for Public Participation in the Permitting of All Hazardous Waste Facilities, Including Incinerators and Other Hazardous Waste BurnersPublication
 Description: Communicates EPA's proposal to expand public participation opportunities in the permitting process. Announces the release of the Draft RCRA Hazardous Waste Minimization National Plan and the Combustion Emissions Technical Resource Document (CETRED).
 
05/23/1994ENHANCED PUBLIC PARTICIPATION AND STRONGER COMBUSTION PERMITTING REQUIREMENTSMemo
 Description: Announces RCRA Expanded Public Participation and Revisions to Combustion Permitting proposed rule, including a list of its principal goals. EPA encourages Regions and states to begin implementing applicable provisions. Permit applicants are also encouraged to meet relevant provisions where feasible.
 
05/09/1994EPA’S DRAFT WASTE MINIMIZATION AND COMBUSTION STRATEGY AND IT’S IMPLICATIONS FOR SUPERFUNDMemo
 Description: The Combustion Strategy impact on hazardous waste incineration at CERCLA cleanups is discussed. Hazardous waste combustion remains an appropriate remedy at many sites. The Combustion Strategy is not an ARAR since it is not legally enforceable, but it is regarded as a TBC ("To Be Considered") at CERCLA sites.
 
05/05/1994REVISED DRAFT OF RISK ASSESSMENT IMPLEMENTATION GUIDANCE FOR HAZARDOUS WASTE COMBUSTION FACILITIESMemo
 Description: The latest revisions (pursuant to the Combustion Strategy) to the implementation guidance for conducting risk assessments at RCRA hazardous waste combustion facilities are discussed.
 
03/15/1994Environmental Fact Sheet: Principles for Basel Convention Aim to Prevent Pollution, Reduce Risk, and Promote Recycling Issues recommendations to Congress for implementing the Basel ConventionPublication
 Description: This fact sheet presents recommendations to Congress for implementing the Basel Convention. The recommendations ask Congress to ban the export of nearly all hazardous wastes, municipal wastes, and municipal incinerator ash beyond North American borders, emphasize the principles of waste minimization to make the United States more self-sufficient in the management and disposal of its wastes, and foster appropriate recycling of low hazard materials (e.g., scrap paper, glass, textiles, and scrap metals) that trade like commodities and are needed as raw materials by not limiting transboundary movements of these materials. The fact sheet also lists parties to the Basel Convention as of February 22, 1994.
 
02/23/1994CLARIFICATION ON THE DISTINCTION BETWEEN THERMAL DESORBERS AND INCINERATORSMemo
 Description: The use of controlled flame combustion determines whether a thermal desorption unit is an incinerator or a miscellaneous unit. Miscellaneous units generally are required to comply with the Subpart O incinerator standards plus other appropriate controls.
 
12/27/1993REGULATORY DETERMINATION ON THE STATUS OF PRECIOUS METAL RECOVERY FURNACESMemo
 Description: Addesses the criteria for legitimate precious metal recovery. Furnaces legitimately recovering precious metals fall within the Part 266, Subpart F exemption, and are not subject to the Subpart O incinerator regulations and most BIF rules, except for one-time notification and certification, sampling, and analysis. A precious metal recycler must be able to demonstrate that he is engaged in legitimate recycling.
 
12/13/1993RESPONSE TO REQUEST FOR PERMIT MODIFICATION TO ACCEPT NEWLY-LISTED WASTESMemo
 Description: EPA did not identify in Part 261, Appendix VII, all hazardous constituents that are expected to be present in listed wastes. Explains the criteria that is used to determine which constituents should be included in Appendix VII. The treatment standards for nonwastewater forms of newly listed coke by-product wastes are based on incineration.
 
10/29/1993APPLICABILITY OF RCRA TO THERMAL DESORPTION SLUDGE DRYERS, AND OTHER HYBRID INCINERATOR DEVICESMemo
 Description: Permit writers will consider the Subpart O standards when permitting hybrid incineration units (such as thermal desorption units) under Subpart X.
 
09/23/1993GUIDANCE ON INDIRECT EXPOSURE ASSESSMENTS FOR HAZARDOUS WASTE COMBUSTION SOURCESMemo
 Description: Provides guidance on indirect exposure assessments for hazardous waste combustion sources. This memo transmits for review and comment the draft addendum to the 1990 Office of Research and Development (ORD) report, "Methodology for Assessing Health Risks Associated with Indirect Exposure to Combustor Emissions.” It also includes EPA’s initial recommendations on dealing with additional risk assessment issues such as the choice of risk levels and how to consider other air emission sources.
 
09/15/1993Reporting on Municipal Solid Waste: A Local IssuePublication
 Description: Presents background information to assist print and broadcast media in understanding municipal solid waste (MSW) issues. Examines the role of federal, state, and local governments in MSW management; options for solid waste management (source reduction, recycling, incineration, and landfilling); and regulations for solid waste landfills. Includes information sources, major laws affecting MSW management, MSW management state-by-state, and compounds and metals for groundwater detection monitoring.
 
08/15/1993Draft Strategy on Combustion and Waste Minimization: Project PlansPublication
 Description: Presents an overview of EPA's project plans for implementing the Draft Strategy for Combustion of Hazardous Waste, released on May 18, 1993. Discusses outreach, interim final guidance on waste minimization program, targeting specific waste streams where waste minimization will provide the greatest environmental benefit, and finalizing the waste minimization and waste combustion strategy. Examines reviewing and evaluating current regulations for incinerators, boilers, and industrial furnaces; upgrading those regulations; ongoing activities to implement the BIF rule; and evaluation of alternative treatment technologies.
 
08/11/1993RESPONSE TO QUESTIONS ABOUT EPA’S COMBUSTION STRATEGYMemo
 Description: The Combustion Strategy will not impact incinerators at CERCLA sites or the ability of interim status units to continue burning hazardous waste. Provides a summary of the risk assessment guidance. Permit applications for new combustion facilities have a lower priority than pending applications of interim status facilities. Pursuant to the Combustion Strategy, EPA is examining its authority to enforce the generator and TSDF waste minimization and certification requirements.
 
07/28/1993TRIPLE-RINSING REQUIREMENT APPLICABLE TO CONTAINERS HOLDING RESIDUES FROM THE INCINERATION OF ACUTE HAZARDOUS WASTESMemo
 Description: Incinerator ash and other residues from the treatment of P-listed acutely hazardous waste remain P-listed and acutely hazardous. Containers holding such residues must be rendered empty by triple rinsing. No formal EPA approval is necessary in order to use an alternative and equivalent method as a substitute for triple rinsing.
 
07/02/1993RESPONSE TO CONCERNS REGARDING HAZARDOUS WASTE INCINERATIONMemo
 Description: EPA requires incinerators burning dioxins and PCBs to operate at a 99.9999% destruction and removal efficiency (DRE). Incineration of other wastes requires a 99.99% DRE. EPA conducts conservative, site-specific risk assessments for individual combustion facilities.
 
12/24/1992CLARIFICATION ON WHAT CONSTITUTES DIOXIN RELATED MATERIALSMemo
 Description: Contains a list of waste codes that contain dioxin (F020, F022, F023, F026, F027, F028, F032, D017, D041, D042). The F-listed dioxin waste codes do not apply if waste contains dioxin but does not meet the listing description. Waste exhibits the toxicity characteristic only if the level of constituent exceeds the regulatory level. F039, K043, and K099 have land disposal restrictions (LDR) for certain dioxins and furans. If waste meets the listing description, the waste code applies even if no Appendix VIII constituents are present. For purposes of F021, a pentachlorophenol derivative includes any substance which is related structurally and can be made from pentachlorophenol (PCP), including sodium pentachlorophenate, octachlorodibenzodioxin, octachlorodiphenyl ether, and potassium pentachlorophenate. Derivatives from tri- and tetrachlorophenol include tri- and tetra-chlorophenoxy derivatives of carboxylic acids. F020 -F023, F026-F028 hazardous waste must be incinerated in an unit meeting 99.9999 DRE or burned in thermal treatment unit meeting same DRE. Waste that contains Appendix VII constituents but cannot be traced to the original process that would generate the waste meeting listing description is exempt from regulation unless characteristic.
 
12/04/1992DETERMINATION OF EQUIVALENT TREATMENT FOR METAL RECOVERYMemo
 Description: Incineration followed by treatment of the ash is generally required for waste codes for which metals recovery is the specified technology.
 
11/17/1992GUIDANCE ON USING ALTERNATIVE RISK ASSESSMENT APPROACHES IN DETERMINING INCINERATOR METALS EMISSION LIMITSMemo
 Description: Site-specific dispersion models can not be used for reference air concentration (RAC) or risk-specific dose (RSD) unless required by omnibus authority.
 
10/21/1992SITE PREPARATION WORK PERFORMED PRIOR TO ISSUANCE OF PERMITMemo
 Description: Construction of an incinerator in an authorized state is subject to state regulation. A facility located in a state authorized for the base program but not some portions of HSWA will receive a permit issued jointly by State and EPA (joint permit). Incinerator preconstruction at an existing interim status facility may proceed only if provisions in Section 270.72(a)(3) are met and if changes do not amount to reconstruction under changes during interim status.
 
09/22/1992ASSURING PROTECTIVE OPERATION OF INCINERATORS BURNING DIOXIN-LISTED WASTESMemo
 Description: The incinerator regulations do not specifically set a specific destruction and removal efficiency (DRE) for dioxins and furans. The 99.9999% DRE is demonstrated during the trial burn on principal organic hazardous constituents (POHCs) that are more difficult to incinerate than dioxins and furans. Spiking POHCs at high concentrations in the trial burn waste is standard practice. EPA recommends the use of the product of incomplete combustion (PIC) approach from the BIF rule as guidance for incinerators.
 
09/04/1992REGULATORY STATUS OF ABSORBENT MATERIAL WHEN MIXED WITH HAZARDOUS WASTE PRIOR TO INCINERATIONMemo
 Description: Mixing sawdust with hazardous waste prior to incineration is part of the incineration treatment train and is generally considered regulated treatment. Mixtures of hazardous waste and absorbent or sawdust may be hazardous waste via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). Absorbing or mixing listed hazardous waste with sawdust does not make the waste nonlisted. The determination of whether the entire volume of the mixture of absorbent material and hazardous waste is counted against the incinerator’s maximum permissible hazardous waste inventory or mass feed limits is made by the state or Region.
 
12/03/1991CONTROL DEVICES REQUIRED BY THE ORGANIC AIR EMISSION STANDARDMemo
 Description: Only the Subparts AA and BB standards apply to a control device that meets the definition of another regulated unit (e.g. incinerator). If the device also treats other wastestreams, the unit must comply with the applicable standards. EPA may impose additional requirements under its omnibus authority.
 
09/30/1991QUANTUM TECH PLASMA ARC UNIT - REGULATORY CLASSIFICATIONMemo
 Description: Plasma arc and infrared units without afterburners are not included in the definition of incinerator and should be regulated as miscellaneous units (SEE ALSO: 57 FR 38558; August 25, 1992).
 
09/27/1991CALIFORNIA LIST PROHIBITIONS APPLICABILITY AFTER THIRD THIRD RULEMemo
 Description: Liquid and nonliquid PCBs must be incinerated. Waste subject to the land disposal restrictions (LDR) national capacity variance must meet California list standard before disposal (SUPERSEDED: California list removed, see 62 FR 25997; May 12, 1997). The halogenated organic compound (HOC) standards apply only to characteristic wastes, listed wastes are not subject because they have their own treatment standard or are newly-listed.
 
06/06/1991INDUSTRIAL FURNACE WHICH CEASES BURNING STATUS UNDER BIF REGULATIONMemo
 Description: If an industrial furnace ceases making product or halts industrial activity and burns hazardous waste for destruction, the unit is no longer a cement kiln, and must obtain Subpart O incinerator permit.
 
05/01/1991REGULATION OF MUNICIPAL WASTE COMBUSTION (MWC) ASHQuestion & Answer
 Description: The Clean Air Act Amendments of 1990 established a two-year exemption for characteristic combustion ash from municipal waste incinerators. The two-year moratorium covered fly and/or bottom ash from both energy recovery and municipal incinerators (SUPERSEDED: October 1, 1994, MRQ, “Status of Municipal Waste Combustion (MWC) Ash”; 59 FR 29372; June 7, 1994; 60 FR 6666; February 3, 1995, and RPC# 3/22/95-01).
 
02/05/1991POHC SELECTION FOR RCRA HAZARDOUS WASTE TRIAL BURN - USE OF 1,2,3-TRICHLOROBENZENEMemo
 Description: It is permissible to select principal organic hazardous constituent (POHC) not in Part 261, Appendix VIII if the incinerator facility demonstrates another constituent is appropriate and more suitable.
 
02/04/1991BURNING HAZARDOUS WASTE IN BOILERS AND INDUSTRIAL FURNACES (BIFS)Memo
 Description: The standards for BIFs are essentially equivalent to the proposed amendments for incinerators. The BIF regulations include performance standards for destruction and removal efficiency (DRE) of organics, hydrogen chloride, particulates, products of incomplete combustion (PIC), metals, and free chlorine. Existing BIFs must meet substantive standards to keep interim status pending permit. BIFs are subject to full permitting. Residues in general are subject to full regulations, some residues are exempt under RCRA Section 3001(b)(3)(A) (SEE ALSO Section 266.112).
 
01/08/1991REGULATION OF OILY HAZARDOUS PETROLEUM REFINERY WASTEMemo
 Description: Fuel produced (and oil reclaimed and used as fuel) from petroleum refining, production, and transportation by processes other than normal refining operations, is eligible for the 261.6(a)(3) exemptions (SEE ALSO: 261.4(a)(12)). Provides a clarification of the petroleum refining process. Certain fuels produced from petroleum refinery wastes that are otherwise exempt under 261.6(a)(3) are hazardous waste and must be burned in BIFs or incinerators if they do not meet the used oil fuel specifications of 266.40(e) (SUPERSEDED: See 279.11).
 
12/20/1990THIRD THIRD LAND DISPOSAL RESTRICTIONS FINAL RULEMemo
 Description: Lab packs going for incineration can be packed in fiber drums, not just metal drums. Discusses the definition of inorganic solid debris. Empty containers may be hazardous if characteristic. A treatment facility must support the determination that waste meets the treatment standard with analytical data. Piped transfers from a recycling facility to an off-site TSDF is subject to land disposal restrictions (LDR) notification (SEE ALSO: 62 FR 25997; May 12, 1997).
 
11/20/1990LDR RULES REGARDING ALTERNATIVE TREATMENT STANDARDS FOR LAB PACKSMemo
 Description: A person who incinerates lab packs may use fiber drums in place of metal outer containers. Fiber or wood boxes or other containers that do not meet the DOT specifications for fiber drums may not be used as outer containers for lab packs.
 
08/23/1990TREATMENT STANDARDS AND THE BEVILLE EXCLUSIONMemo
 Description: Waste with technology land disposal restrictions (LDR) treatment standard must be treated to that standard. If the method is incineration (INCIN), the waste must be treated in an incinerator subject to Part 264 Subpart O or Part 265 Subpart O. Restricted wastes sent to a Bevill device or a BIF is still subject to LDR notification. Discusses a proposal to determine if resides from the co-processing of Bevill raw materials and hazardous waste remain excluded (SUPERSEDED: see Section 266.100).
 
08/08/1990LAB PACKS - LAND DISPOSAL RESTRICTIONS ASPECTSMemo
 Description: P046, P111, and U163 may be incinerated in lab packs. Lab packs destined for incineration in fiber drums are not required to be placed in metal containers.
 
07/31/1990MULTI-SOURCE LEACHATE AND TREATMENT STANDARDS OF LAND DISPOSAL RESTRICTIONSMemo
 Description: Waste codes not required on the manifest. A TSDF may rely on waste analysis data from the generator, but the TSDF must periodically test representative samples. A lab may certify for land disposal restrictions (LDR) as representative of the waste handler. Waste analysis parameters. Stabilization of cyanide to reduce leachability is an inappropriate treatment and generally impermissible dilution. No dilution of toxicity characteristic wastes if land disposed. Generators must determine characteristics. If a listed treatment standard addresses the characteristic, it operates in lieu of characteristic (even if less stringent). Prohibited waste only placed in a minimum technological requirement (MTR) surface impoundment if meets treatment standards, variance or extension, or 268.4. Notice and certification for de-characterized waste is sent to the implementing agency. F039 HSWA. Permitted TSDFs with F039 submit Class 1 modification by 8/8/90. Lab packs must be burned in Subpart O incinerator, not cement kilns.
 
06/25/1990F024 REVISED TREATMENT STANDARDSMemo
 Description: The Third Third revised the F024 treatment standard from a concentration standard to incineration. Pending effective date for new standard or correction notice establishing an immediate effective date, the Second Third treatment standard remains in effect.
 
04/19/1990CHLORINE EMISSIONS FROM HAZARDOUS WASTE INCINERATORSMemo
 Description: Possible proposed amendment to monitor free chlorine in addition to hydrogen chloride emissions for incinerators (See 61 FR 17358; April 19, 1996 proposal).
 
03/29/1990INCINERATOR RESIDUES FROM TRIAL BURNMemo
 Description: The residues from an incinerator trial burn that uses carbon tetrachloride and chlorobenzene are U211 and U037. Using a material for an incinerator trial burn is intent to dispose.
 
03/15/1990Environmental Fact Sheet: Tighter Controls Proposed for Hazardous Waste IncineratorsPublication
 Description: This fact sheet discusses EPA's proposal to amend the regulations governing incinerators that burn hazardous waste. The proposed regulations are designed to reduce and control toxic pollutants such as metals and organic emissions and to ensure uniform regulations of all devices burning hazardous waste. The rule also broadens definition of industrial furnace to include nonflame combustion devices, and clarifies or revises the regulatory status of carbon regeneration units, sludge dryers, and plasma arc and infrared incinerators.
 
03/01/1990ON-SITE INCINERATION OF MEDICAL WASTE GENERATED OFF-SITE BY GENERATORS OF LESS THAN 50 POUNDS PER MONTHQuestion & Answer
 Description: Hospitals incinerating medical waste from off-site generators of less than 50 pounds of medical waste per month need to comply with Part 259, Subpart G, but are not subject to Part 259, Subpart I (SUPERSEDED: see 60 FR 33912; June 29, 1995).
 
02/15/1990Environmental Fact Sheet: The Facts on Degradable PlasticsPublication
 Description: Explains EPA's Report to Congress on methods to manage and control plastic wastes. Degradable plastics are engineered by photodegradation and biodegradation. Discusses how degradable plastics fit into solid waste solutions of reducing waste, landfilling, recycling, and incineration.
 
11/28/1989CALIFORNIA LIST HOC LAND BAN REGULATIONSMemo
 Description: Household hazardous waste (HHW) regulated on the state level is not subject to the Federal land disposal restrictions (LDR) program. Nonliquid waste containing one halogenated organic compound (HOC) must be incinerated unless a more specific treatment standard exists for the HOC. Nonliquid wastes with multiple HOCs must be incinerated unless a specific treatment standard has been established for at least one HOC in waste (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
10/20/1989DISPOSAL OR RECLAMATION OF RAGSMemo
 Description: Rags contaminated with volatiles and F-listed solvents through wipe down and cleaning processes may be incinerated or laundered (SUPERSEDED: see RPC# 2/14/94-01).
 
10/20/1989RAGS AND SIMILAR MATERIALS ABSORBING VOLATILES AND F-WASTES, HANDLINGMemo
 Description: Rags contaminated with volatiles and F-listed solvents through wipe down and cleaning processes may be incinerated or laundered (SUPERSEDED: see RPC# 2/14/94-01).
 
10/17/1989INCINERATOR METALS EMISSIONS CONTROLSMemo
 Description: The use of health based levels ensures corrective measures are required only when health risk present. The appropriate risk level for pollutants is based on case specific factors. Presuming all chromium to be hexavalent is conservative. EPA is considering revising the particulate matter standard for incinerators in the future.
 
10/04/1989RECOVERY KILN AS AN INDUSTRIAL FURNACEMemo
 Description: Controlled flame combustion units that are not boilers, and are not on the list of industrial furnaces, are incinerators (SEE ALSO: 56 FR 7134; February 21, 1991). A “recovery kiln” for contaminated soils is an incinerator.
 
08/28/1989RECORDKEEPING FOR ON-SITE INCINERATORS OF MEDICAL WASTEMemo
 Description: Using the weight-averaging method to estimate the quantity of a regulated medical waste incinerated is acceptable for incinerator recordkeeping. Records should indicate incinerated quantity, by weight (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
07/28/1989TEL GASOLINE SLUDGE DISPOSALMemo
 Description: Leaded tank bottoms from the petroleum refining industry are listed hazardous waste (K052) subject to land disposal restrictions (LDR). Solvent extraction and incineration is best demonstrated available technology (BDAT) for gasoline sludge waste. A temporary variance may be granted.
 
07/01/1989CHANGES TO INTERIM STATUS FACILITIESQuestion & Answer
 Description: Interim status facility may build a new incinerator if the owner or operator complies with the change of interim status requirements, the change is approved by Regional Administrator (RA), and the change is not prohibited by 50% reconstruction limit. A facility must submit a revised Part A permit application under changes during interim status.
 
07/01/1989MEDICAL WASTE GENERATORSQuestion & Answer
 Description: Medical waste generator responsibilities for maintaining incineration logs and submitting reports (SUPERSEDED: no longer in effect, Part 259 removed from 40 CFR; See 60 FR 33912; June 29, 1995).
 
06/05/1989REGULATORY STATUS OF RESIDUES REMOVED FROM EMPTY CONTAINERSMemo
 Description: Residues remaining in or removed from containers that have already been rendered "empty" according to 261.7 are not regulated. Such residues from empty containers are regulated if subsequent management (i.e., incineration) causes them to exhibit a new characteristic. (SEE ALSO: RPC# 4/12/04-02)
 
05/03/1989INCINERATOR RESIDUES/RECYCLING DEFINED/ACCUMULATIONMemo
 Description: Soft hammer certifications are required when waste or residues are land disposed. An incineration facility must perform an analysis of residues. A waste sent for recycling is subject to land disposal restrictions (LDR) notification. Facilities storing waste to accumulate sufficient quantities are still subject to all other regulatory requirements.
 
04/27/1989APPLICABILITY OF MEDICAL WASTE TRACKING REGULATIONS FOR INDUSTRIAL FURNACESMemo
 Description: Ash from incinerating regulated medical waste is no longer subject to Part 259. Lime and cement kilns may qualify as destination facility, treatment and destruction facility (SEE ALSO: 60 FR 33912; 6/29/95).
 
03/14/1989SUMMARY OF ASSISTANCE BRANCH PERMITTING COMMENTSMemo
 Description: Discusses an automatic waste feed shut-off design for munitions deactivation (popping) furnaces and fugitive emissions control from popping furnaces. Pits used for dewatering and open burning are surface impoundments, not miscellaneous units. EPA can use omnibus provisions to impose additional controls on open burning in surface impoundments. Waste explosives that do not have the potential to detonate cannot be destroyed in open burning/open detonation (OB/OD) units. Solvents contaminated with explosives that have the potential to detonate can be open burned. Because open burning/open detonation (OB/OD) of waste explosives is treatment, not disposal, the land disposal restrictions (LDR) do not apply. Treatment residues may be subject to LDR. Clarifies when the disposal of explosives requires a permit and when unused explosives become wastes (SEE ALSO: 62 FR 6622; 2/12/97). Burning commercial fuel in fire training exercises is not regulated under RCRA. Discusses methods of determining soil background levels for the clean closure of surface impoundments and waste piles, circumstances in which the unit type can be redesignated during interim status, cleanup standards for corrective action, compliance points for soil and groundwater cleanup, timing of corrective action cleanup activities and site monitoring, termination of groundwater corrective action, the use of institutional controls, the use of trial burn data from one facility at other incinerators, the evaluation of trial burn plans for popping furnaces, and the use of in-place hydraulic conductivity testing during liner installation for surface impoundments and landfills. A landfill’s clay layer component of the final cover must be completely below the average frost depth. Addresses the use of natural material (calcium carbonate) and cement kiln dust in waste stabilization, the use of the RCRA corrective action plan (CAP) in HSWA permit preparation, the use of the 261.4(f)(2) authority to implement Subpart X standards in RCRA authorized states, and the permitting deadlines for Subpart X facilities.
 
02/27/1989USE OF OMNIBUS AUTHORITY TO CONTROL EMMISSIONS OF METALS, HCL, AND PICS FROM HAZARDOUS WASTE INCINERATORSMemo
 Description: The omnibus authority (3005(c)(3)) can be used to control emissions (metals, HCl, products of incomplete combustion) from incinerators prior to promulgation of modified Subpart O regulations. Section 3005(c)(3) gives permit writers authority to apply permit conditions as necessary. Discussion of the establishment of interim controls for facilities that have already conducted trial burns or have approved trial burn plans.
 
02/22/1989REGULATORY STATUS OF SOLVENT, “ULTIMA-GOLD”Memo
 Description: Unused solvent is only subject to regulation as a discarded material when abandoned (i.e., disposed or incinerated) or recycled by being burned for energy. A CCP that is abandoned is a solid waste, while a CCP being reclaimed is not a solid waste. The transportation and sale of unused solvent, Ultima-Gold, is not subject to Subtitle C because it is a product rather than a discarded material. The material safety data sheet for solvent product "Ultima-Gold" indicates potential to be corrosive (D002) and reactive (D003). The product "Ultima-Gold" does not exhibit ignitability (D001) or extraction procedure (EP) toxicity (SUPERSEDED: See 261.24). A product solvent only meets P-listing or U-listing if the chemical on the P-list or U-list serves as the product's sole active ingredient.
 
12/09/1988RCRA STORAGE FACILITY REQUIREMENTS, OFF-LOADING FROM TANK TRUCKSMemo
 Description: EPA allows time for off-loading of hazardous waste fuel into an incinerator without requiring a storage permit. The specific time frame determined by the appropriate Region or state implementing agency. The omnibus authority may be used to ensure safe off-loading.
 
12/07/1988INDUSTRIAL PLATING OPERATIONS, STATUS OF VARIOUS WASTES FROMMemo
 Description: Electroless plating is not electroplating. A facility with a recycling unit needs a permit only for hazardous waste storage prior to or after recycling unless the reclamation process involves incineration or land disposal. Partially reclaimed waste which only needs further refining before it can be beneficially used may not be a waste. Partially reclaimed material may be eligible for a variance. Discussion of the regulatory status of filter cake from treatment of plating wastes. Filter cake from thre treatment of an electroplating bath is more likely to be a spent material than a sludge (i.e., plating bath is not wastewater).
 
12/01/1988LAND DISPOSAL RESTRICTIONS: SOILS AND DEBRIS FROM RCRA CORRECTIVE ACTIONQuestion & Answer
 Description: All soil and debris contaminated with first third waste with incineration as a treatment standard qualify for a capacity variance. A variance for solvent, dioxin, or California-listed contaminated soil and debris is applied to waste generated by a CERCLA response action or a RCRA corrective action (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
11/01/1988“SOFT HAMMER” CERTIFICATIONS/DEMONSTRATIONSQuestion & Answer
 Description: Both generators and treaters of first third “soft hammer” wastes are responsible for meeting the 268.8 demonstration and certification requirements for the shipment of treatment residue (ash) shipped from an incinerator.
 
07/01/1988TANK REPLACEMENTQuestion & Answer
 Description: The replacement of a hazardous waste storage tank would not constitute final closure. There is no notification for the partial closure of a tank, container, or incinerator. While not specifically required, the tank and equipment should be decontaminated and the region or state implementing agency should be notified.
 
04/19/1988CALL-IN OF STORAGE AND TREATMENT APPLICATIONSMemo
 Description: Pursuant to 3005(c)(2)(C), interim status treatment and storage facilities that were in existence on 11/8/84 must submit their Part B permit applications by 11/8/88, or their interim status will terminate on 11/8/92. A facility with only tanks, containers, or incinerators must submit a closure plan 45 days prior to the date that closure will begin.
 
04/19/1988CALL-IN OF STORAGE AND TREATMENT APPLICATIONS PRIOR TO 11/08/88 DEADLINEMemo
 Description: Pursuant to 3005(c)(2)(C), interim status treatment and storage facilities that were in existence on 11/8/84 must submit their Part B permit applications by 11/8/88, or their interim status will terminate on 11/8/92. A facility with only tanks, containers, or incinerators must submit a closure plan 45 days prior to the date that closure will begin.
 
03/11/1988REFRACTORY WASTES AT U.S. EPA COMBUSTION RESEARCH FACILITYMemo
 Description: Air filters, scrubber water, and ash from incinerating F020 are F020 via the derived-from rule. Wastes derived from F020 are acute hazardous wastes that are subject to special standards for dioxin wastes. Media and debris from dismantling an incinerator are F020 via the "contained-in" policy. They are F020 until they no longer contain F020.
 
03/07/1988SLUDGE DEHYDRATION EQUIPMENT THAT IS PART OF A WASTEWATER TREATMENT FACILITYMemo
 Description: The wastewater treatment unit (WWTU) exclusion does not apply to conventional incinerators even when they are part of a wastewater treatment system. Sludge dehydration equipment (i.e., sludge dryers) qualifies for the WWTU exclusion, provided the equipment meets the definition of a WWTU and is used to evaporate water from sludge. Most sludge dryers meet the definition of a tank. Sludge dryers that are not eligible for the WWTU exclusion are subject to either 265 Subpart P or 264 Subpart X.
 
02/01/1988BLENDING OF HAZARDOUS WASTE FUEL BURNED IN CEMENT KILNSQuestion & Answer
 Description: Tanks in which hazardous waste fuels are blended are regulated by 264 Subpart J/265 Subpart J regardless of the type of unit in which the waste will be burned. Blending tanks are subject to the same regulations as storage tanks (266.31(c) cement kiln exclusion SUPERSEDED: See 266 Subpart H).
 
01/14/1988WASTE GENERATED BY AN INCINERATOR TRIAL BURN OF SAND SPIKED WITH TRICHLOROBENZENE AND HEXACHLOROETHANEMemo
 Description: A mixture of sand and unused CCP hexachloroethane (U131) for use in an incinerator trial burn is a hazardous waste. Ash derived from burning the mixture carries U131 via the derived-from rule.
 
01/13/1988GUIDANCE IN DESIGNATING POHC'SMemo
 Description: The incinerability ranking used to designate principal organic hazardous constituents (POHCs) at incinerators can be based on many methods, including the heat of combustion or on the thermal stability index. Additional factors can be applied to POHC designation. Discusses surrogate compound availability. Includes an incinerability ranking.
 
01/01/1988“LAB PACKS” AT GENERATOR SITESQuestion & Answer
 Description: A service company may act on behalf of a generator and re-package waste into larger containers (lab packs) with absorbents without a permit. Generators may treat in accumulation tanks or containers provided the treatment is not thermal treatment or incineration. The addition of absorbents to waste is exempt from permitting.
 
12/09/1987INCINERATOR TRIAL BURN SCHEDULESMemo
 Description: The Hazardous Waste Incinerator Permitting Study indicates that it may take 11 months after a trial burn before an incinerator permit is issued.
 
12/01/1987BURNING HAZARDOUS WASTE FOR ENERGY RECOVERYQuestion & Answer
 Description: An owner of a cement kiln in an area with a population greater than 500,000 does not have to comply with the incinerator standards when burning hazardous waste for energy recovery if the kiln is not located within the boundaries of an incorporated municipality (SUPERSEDED: cement kilns burning hazardous waste now regulated, See 266, Subpart H).
 
11/25/1987INTERIM STATUS EXPANSION TO ADD AN INCINERATORMemo
 Description: A facility could add an incinerator as a change in interim status under 270.72(c), but EPA recommends including proposed incinerators in the permit process due to concerns about the addition of new incinerators without trial burns and public participation. EPA may use discretion when deciding whether or not to approve the addition of an incinerator as a change in interim status. EPA believes it is unwise to allow the operation of new incinerator without a trial burn and public participation.
 
11/10/1987PICKLE LIQUOR RECOVERY UNIT AS AN INDUSTRIAL FURNACEMemo
 Description: An industrial furnace in which spent pickle liquor (K062) is processed to produce a usable product hydrogen chloride and ferrous oxide is not an incinerator, but is a smelting, melting, and refining furnace. The unit is not regulated as an incinerator since the purpose is to produce a product and not to destroy a waste.
 
10/28/1987DELISTING PETITION INFORMATION REQUIREMENTS FOR RESIDUES FROM INCINERATION OF 2,4,5-T AND SILVEX PESTICIDESMemo
 Description: Outlines the requirements of a delisting petition for residues from the incineration of 2,4,5-T and silvex pesticides.
 
10/15/1987VIABILITY OF TRIAL BURN RESULTS WITH INCOMPLETE VOST DATAMemo
 Description: A facility receiving incomplete VOST data must run a second trial burn for the incinerator.
 
10/02/1987EXTENSIONS TO STORAGE PROHIBITION AND LAND DISPOSAL RESTRICTIONSMemo
 Description: Discusses a request for a case-by-case extension of the effective date of land disposal restrictions (LDR) for low-level radioactive mixed waste that is to be incinerated. RCRA does not allow an extension of the effective date of the 3004(j) storage prohibition (SEE ALSO: 64 FR 63464; 11/19/99).
 
09/16/1987SW-846 METHODS MANUALMemo
 Description: The use of SW-846 methods is generally not required except for quality assurance/quality control procedures and determining if the waste is characteristic. Discusses sampling, analysis for delisting petitions, incinerator trial burns, and determining if bulk or containerized waste contains free liquids prior to disposal in a landfill.
 
09/03/1987CEMENT KILN BURNING HAZARDOUS WASTE FUELS DURING INTERIM STATUSMemo
 Description: Provides an interpretation of the 3005(e) provisions governing interim status qualification for big city cement kilns burning hazardous waste fuels. Discusses the 3004(q)(2) requirement that certain big city cement kilns comply with incinerator standards. Clarifies “in existence,” 3010(a) notification requirements, and Part A submission.
 
08/28/1987TOTALLY ENCLOSED TREATMENT EXEMPTION AND ACCUMULATION PROVISIONS APPLICABILITY TO AN ASH TREATMENT FACILITYMemo
 Description: A unit treating ash from an incinerator is not a totally enclosed treatment unit (TETU) since the incinerator is not an industrial process, the ash unit is not connected to an industrial process, and the incinerator releases constituents into the air. Treatment in a generator accumulation unit is exempt from permitting (SEE ALSO: RPC# 12/15/87-03).
 
08/07/1987WASTES FROM ENVIRONMENTAL CHEMISTRY LABORATORYMemo
 Description: High temperature incineration is the recommended method of management for lab wastes that are not listed hazardous waste and that do not exhibit any characteristics, even though they are contaminated with dioxins.
 
08/03/1987SLUDGE DEHYDRATION EQUIPMENTMemo
 Description: Sludge dehydration equipment that is part of a wastewater treatment system is exempt from permitting if the equipment meets the definition of a wastewater treatment unit (WWTU) and is used to evaporate water from sludge. The exemption does not apply to incinerators.
 
08/03/1987SLUDGE DEHYDRATION EQUIPMENT AS A WASTEWATER TREATMENT UNITMemo
 Description: Sludge dehydration equipment that is part of a wastewater treatment system is exempt from permitting if the equipment meets the definition of a wastewater treatment unit (WWTU) and is used to evaporate water from sludge. The exemption does not apply to incinerators.
 
07/17/1987DEACTIVATION (POPPING) FURNACES AS INCINERATORSMemo
 Description: Popping furnaces meet the definition of an incinerator since the process that occurs in the enclosed units is controlled flame combustion. Interim status for incinerators terminated 11/8/89 if a Part B permit application was not submitted by 11/8/86 per 270.73(f) (memo inaccurately cites 11/19/86 and 11/19/89 - should be 11/8/86 and 11/8/89).
 
07/02/1987INCINERATOR NOT CONSIDERED TOTALLY ENCLOSED TREATMENTMemo
 Description: Solid waste incinerators are regulated by states in accordance with general EPA guidelines in 40 CFR Part 240. Hazardous waste regulations do not govern the burning of nonhazardous waste.
 
06/12/1987CLEAN CLOSURE AND DISPOSAL OF AN INCINERATORMemo
 Description: There are three disposal options for incinerators: clean closure and leave on site, clean closure and ship to a Subtitle D facility, and ship to a Subtitle C facility.
 
05/14/1987LABORATORY CARCASSES CONTAINING TCDDMemo
 Description: Bird eggs and carcasses injected with dilute solutions of TCDD do not meet the listing descriptions for the dioxin wastes, F020-F023, F026-F028, and are not regulated under TSCA. They are infectious wastes per Part 241 and are best managed in high temperature incinerator (SEE ALSO: 60 FR 33912; 6/29/95).
 
03/03/1987ASH RESIDUE GENERATED FROM INCINERATION OF K045Memo
 Description: The mixture rule exclusion applies only to mixtures of solid waste (SW) and hazardous waste listed solely for characteristic, not residues from treating wastes listed for characteristic. K045 incineration residue is K045 even if the ash is not reactive (SEE ALSO: 66 FR 27266; 5/16/01).
 
01/20/1987LAND DISPOSAL RESTRICTIONS CLARIFICATIONSMemo
 Description: Discusses a national capacity variance for solvents, dioxins, soils, and media from RCRA and CERCLA cleanups, an exemption for solvents from SQGs, and the land disposal restrictions (LDR) storage prohibition. Ash derived from the incineration of F003 remains listed (SEE ALSO: 66 FR 27266; 5/16/01). F003 mixed with solid waste is no longer hazardous if it is not characteristic via the mixture rule (SUPERSEDED: See 268.3). If the origin is not known, wastes with F001-F005 constituents are considered listed (SUPERSEDED: See 55 FR 8758; 3/8/90).
 
01/13/1987LAND DISPOSAL RESTRICTIONS FOR SOLVENTS AND DIOXINS, EXEMPTIONS TOMemo
 Description: The land disposal restrictions (LDR) treatment standards for solvents are set at concentration levels, and incineration is not mandatory. Facilities may not have to meet the standards if they are subject to a national capacity variance for wastes with less than 1% F001-F005 solvents, are SQGs, or are granted a no-migration variance.
 
12/31/1986ENFORCEMENT POLICY ON WASTE BURNING FOR ENERGY RECOVERYMemo
 Description: Waste with a heating value below 5000 Btu/lb is not a bona fide fuel and is considered to be incinerated when burned in a BIF. The 5000 Btu/lb criterion of the sham recycling policy does not apply to each individual chemical or constituent of the waste, but applies to the aggregate waste as generated before mixing (SUPERSEDED: see RPC# 11/8/94-01).
 
12/23/1986BURNING CHARACTERISTIC OFF-SPECIFICATION PETROLEUM PRODUCTS FOR ENERGY RECOVERYMemo
 Description: Listed or characteristic off-specification CCPs that are themselves fuels are not solid wastes when burned for energy recovery. Burning in an incinerator is burning for destruction, not energy recovery. Fuel mixed with used oil would be subject to regulation as off-specification used oil if the flash point is under 100 F (SEE ALSO: Part 266).
 
12/22/1986PROPOSAL OF UNREGULATED DIOXIN WASTESMemo
 Description: Incineration is an appropriate management method for nonhazardous dioxin wastes (wastes that are not characteristic and are not covered by F-listings).
 
12/12/1986CLARIFICATION OF REGULATORY STATUS OF SPENT FLUIDIZED BED MEDIAMemo
 Description: Spent fluidized bed media contaminated from treating hazardous waste is not subject to the mixture or derived-from rules, but is hazardous waste via the contained-in policy. For a new incinerator at an interim status facility, revise the Part A application per changes during interim status regulations. The permitting agency approves the change, and the cost cannot exceed 50% of reconstruction under changes during interim status.
 
12/05/1986SPENT FLUIDIZED BED MEDIA AND CHANGES UNDER INTERIM STATUSMemo
 Description: Spent fluidized bed media contains listed hazardous waste. The owner of an interim status facility can add a new incinerator, provided the conditions in 270.72 (changes during interim status) are met. The owner cannot exceed the 50% reconstruction limit.
 
11/19/1986RECYCLED PRECIOUS METALS, BATTERIES FROM DEFENSE DEPT. SUPPLIESMemo
 Description: Buttons, glass frames, insignia, electronic scrap, if not exempt scrap metal, are spent material. Recycling non-scrap metal can be precious metal recovery. A silver recovery cartridge only partially reclaimed is subject to regulation (SEE ALSO: RPC# 8/4/95-01, Part 273). Products reclaimed from hazardous waste are not regulated. Waste burned in an incinerator or other non-BIF thermal device are abandoned. Materials or energy recovery that occurs is considered ancillary to incineration.
 
11/01/1986HAZARDOUS WASTE FUEL IN INCINERATORSQuestion & Answer
 Description: An off-specification commercial chemical product (CCP) that is itself fuel or a component of fuel (e.g., benzene) is a hazardous waste when burned as a start-up fuel in an incinerator. Incinerators cannot use hazardous wastes as start-up or shut-down fuels unless the incinerator is operating within steady-state conditions or conditions specified in a permit.
 
10/22/1986INCINERTION OF LABORATORY WASTES CONTAMINATED WITH TCDDMemo
 Description: Lab wastes such as paper towels, pipets, and laboratory gloves, that have come into contact with TCDD laboratory standards are not covered by the dioxin listings, F020-F023, F026-F028. Incineration may be a reasonable method of disposal for these wastes.
 
09/19/1986CONSTRUCTION OF A NEW INCINERATOR WITH THE CHANGES DURING INTERIM STATUSMemo
 Description: A facility continues to have interim status until it is terminated by one of the events listed in section 270.73. The construction of a replacement incinerator is subject to a reconstruction cost limit.
 
09/18/1986FIELD ASSESSMENT AND PUBLIC INVOLVEMENT PLAN FOR THE OCCIDENTAL INCINERATORMemo
 Description: The purpose of field assessments and the public involvement plans for the Occidental incinerator public involvement program.
 
09/11/1986INCINERATORS FOR DESTRUCTION OF NERVE AGENTS, HIGH PRIORITY PERMITTINGMemo
 Description: Priorities for permitting incinerators are for destruction of nerve agents. Permits for Pueblo Army Depot incinerators must comply with the state and EPA requirements.
 
09/11/1986PERMIT APPLICATIONS FOR DESTRUCTION OF NERVE AGENTSMemo
 Description: Priorities for permitting incinerators are for destruction of nerve agents. Permits for Pueblo Army Depot incinerators must comply with the state and EPA requirements.
 
07/03/1986JURISDICTION AND REGULATION OF MIXED WASTE MANAGEMENT INCLUDING INCINERATION AND LOCATION CRITERIAMemo
 Description: An overview of the hazardous waste component of mixed waste subject to RCRA. Incineration must meet requirements under RCRA, Clean Air Act (CAA), and Atomic Energy Act (AEA). A discussion of the state authorization of mixed waste. The Nuclear Regulatory Commission will regulate low-level radioactive waste.
 
06/30/1986THERMAL RELIEF VENTS ON HAZARDOUS WASTE INCINERATORS, ACCEPTABILITY OFMemo
 Description: Thermal relief vents (dump stack) that vent directly to the atmosphere are allowed. Incinerator facilities should limit the use by installing back-up systems and adding emission control systems to the vents.
 
06/27/1986USED OIL FUELS BURNED IN INCINERATORSMemo
 Description: Used oil (UO) regulations currently do not apply to UO burned as an auxiliary fuel in Subpart O incinerators, unless the UO exhibits a characteristic or is listed (SUPERSEDED: see 279.12, 279.61). Burning of auxiliary fuel in an incinerator is generally burning for destruction and not for energy recovery. Open burning of UO in pits for fire training is not regulated unless it is listed or exhibits a characteristic (SEE ALSO: RPC# 7/22/87-01).
 
06/16/1986PERMITTING AND CORRECTIVE ACTION REQUIREMENTS AFFECTING COMPLIANCE WITH LAND DISPOSAL RESTRICTIONSMemo
 Description: EPA does not have the discretion to waive the section 3005(a) preconstruction ban. Permits may be issued separately to different regulated units. An incinerator permit must address all releases from regulated units (RUs) and nonregulated units except for releases from RUs to groundwater, which are addressed in the permit for RUs (SEE ALSO: 63 FR 56711; 10/22/98). A discussion of the timing of groundwater corrective action v. corrective action for all other media.
 
06/10/1986PERMITTING INCINERATORSMemo
 Description: A trial burn and receipt of trial burn data is required prior to permit issuance in most cases. If the incinerator requires major modifications the permit may be issued prior to the trial burn.
 
05/07/1986DIOXIN TRIAL BURNS FOR PURPOSES OF CERTIFICATION OR A RCRA PERMITMemo
 Description: A certification is not required prior to the dioxin trial burn. The incinerator facility should use dioxin waste as a trial burn fuel. There may be cases where a synthetic material should be substituted as test fuel.
 
04/11/1986PERMITTING REQUIREMENTS FOR A PCB INCINERATORMemo
 Description: A RCRA permit is not required for the storage and incineration of nonhazardous PCBs. A TSCA incinerator must obtain a RCRA permit prior to the management of hazardous waste, not necessarily prior to the construction. A facility may use TSCA burn data in lieu of a RCRA trial burn.
 
03/19/1986RECYCLED GASOLINE/WATER AND FUEL OIL/WATER MIXTURESMemo
 Description: Gas and water or oil and water mixtures are not regulated when reclaimed to produce fuels because they are considered off-specification CCP normally used as fuels. Virgin gas incinerated to recover energy is not a solid waste as gas is typically burned as a fuel.
 
03/01/1986FUME INCINERATORSQuestion & Answer
 Description: A fume incinerator used only to destroy gaseous emissions from an industrial process is not subject to RCRA because fume input is an uncontained gas, not a solid waste. The unit burning hazardous waste as a fuel is subject to Subpart O unless it is a BIF.
 
02/12/1986UNRINSED CONTAINERS WHICH FORMERLY CONTAINED AN UNUSED FORMULATION OF PENTACHLOROPHENOLMemo
 Description: Discussion of the treatment, storage, and disposal options for dioxin wastes. An unrinsed container which contained unused pentachlorophenol (PCP) is F027 subject to all regulations applicable to acute hazardous waste (HW). Residues from the incineration of an acute HW remain acutely hazardous (SUPERSEDED: See F028 listing in 261.31). Incinerators burning dioxin wastes must meet 99.9999% Destruction and Removal Efficiency (DRE).
 
02/06/1986TOTALLY ENCLOSED TREATMENT EXEMPTION FOR WET-AIR OXIDATION UNIT(VERTECH)Memo
 Description: The totally enclosed treatment unit (TETU) definition does not include a unit that discharges waste during treatment. Wet air oxidation units, incinerators, and thermal treatment units are not TETUs. Neutralization in a pipe is TETU. An underground wet air oxidation unit and associated above ground thermal treatment processes may be permitted via a research, development, and demonstration permit (RDD), or a miscellaneous unit permit.
 
01/30/1986ANTI-NEOPLASTIC AGENTS IN HOSPITAL WASTES, DISPOSAL OFMemo
 Description: Seven antineoplastics are U-listed hazardous waste. Antineoplastics are not regulated as class. Hospitals generating less than 100 kg/mo exempt as CESQG. There is no EPA guidance for a proper incineration destruction temperature.
 
01/07/1986RESIDUES REMAINING IN EMPTY CONTAINERS, BURNING OFMemo
 Description: The burning of residues in empty containers is not hazardous waste incineration. Ash from burning residues is not hazardous.
 
01/03/1986BOILERS AND INCINERATORS, DISTINCTION BETWEEN/INTEGRAL DESIGN STANDARDMemo
 Description: The boiler definition applies to units where the combustion chamber and the heat recovery unit are of integral design. The boiler variance procedures classify units as incinerators. The burning of hazardous waste fuel in a nonindustrial boiler is prohibited (SUPERSEDED: see 56 FR 7134; 2/21/91).
 
12/30/1985INTEGRAL DESIGN STANDARD IN BOILER DEFINITION (LUBRIZOL)Memo
 Description: A rotary bed furnace with secondary combustion and an attached waste heat boiler does not meet the integral design standard of boiler definition nor the fluidized bed or process heater exemption. The unit is an incinerator. The boiler variance is not appropriate for furnaces ducted to heat recovery boilers.
 
12/17/1985WASTEWATER TREATMENT SYSTEM, SOLVENT RECOVERY STILL BOTTOMS INMemo
 Description: The 261.3(a)(2)(iv) mixture rule exemption for de minimis quantities of solvents applies to solvents or still bottoms incidentally discharged into wastewater system, not intentionally discharged. Incinerator scrubber water derived from a listed solvent is not eligible for the exemption. The exemption applies at headworks.
 
12/13/1985PERMIT ISSUES REGARDING ON-SITE TREATMENT BY FLUIDIZED BED INCINERATIONMemo
 Description: A waste transferred from a generator to an incinerator located on a property leased from the generator does not have to be manifested if the waste never crosses public highway or never leaves the generator’s property. The permit for the incinerator located on a leased property at the generator site must be signed both by the owner of the property and the operator of the incinerator. The owner or operator of facility includes the owner of the land, the owner of the structures, and the operator of the facility or unit. Since both the owner of the property and the operator of a facility must sign a permit application, the two parties are jointly and severally liable for all RCRA requirements, including closure.
 
11/20/1985HEAT RECOVERY UNIT AS A BOILER OR AN INCINERATORMemo
 Description: The definition of a boiler requires that the energy recovery system be of an integral design to the combustion chamber, not merely joined by ducts or connections. Add-on devices are not boilers. Add-on devices may be an incinerator. The variance to classify apply to devices that are not considered by the boiler definition
 
11/19/1985CHEMICAL AGENT/MUNITIONS SYSTEM (CADMS) IS NOT TOTALLY ENCLOSED AND SUGGESTED RD&D PERMIT; ARMY CHEMICAL/MUNITIONS SYSTEM, REGULATORY STATUS OFMemo
 Description: The totally enclosed treatment facility (TETU) definition does not apply to activities not connected to industrial production process. Incinerators are not TETUs since they will not prevent a release of all hazardous wastes and constituents. Addresses duration, and permit application and modification procedures for research, development and demonstration (RDD) permits.
 
10/03/1985DOD MUNITIONS BECOME SOLID WASTE SUBJECT TO RCRA WHEN THERE IS AN INTENT TO DISPOSE OR DESTROY THEMMemo
 Description: Federal facilities are subject to RCRA regulations. Unused munitions are not considered waste until there is an intent to dispose or destroy them (SEE ALSO: 62 FR 6622; 2/12/97). The burning of munitions is incineration. DOD facilities must meet EPA’s RCRA regulations.
 
08/01/1985INCINERATORS BURNING NON-HAZARDOUS WASTEMemo
 Description: A permit is required prior to beginning construction of a solid waste incinerator if the owner and/or operator intends to burn hazardous waste in the future. The owner of a TSCA PCB incinerator can apply for a RCRA Subtitle C permit at any time.
 
07/10/1985REVISED DEFINITION OF SOLID WASTE PURSUANT TO HSWAMemo
 Description: Carbon regeneration facilities storing carbon before recycling need a permit for storage if they are an incinerator. If they are not an incinerator, they are exempt (may be BIF). Drum recyclers handling empty containers do not need a storage permit. The storage of non-empty containers would require at least a permit for hazardous waste storage. Spent activated charcoal or carbon is usually a spent material. If for pollution control, it would be a sludge. Carbon is hazardous waste (HW) if it contains a listed waste (contained-in policy) or exhibits a characteristic(SEE ALSO: 66 FR 27266; 5/16/01). Carbon is unlikely to exhibit a characteristic. Generators storing HW spent activated carbon are subject to accumulation time regulations. A closed municipal solid waste landfill (MSWLF) suspected of holding HW is subject to corrective action if the facility requires a permit or interim status and is subject to CERCLA.
 
06/27/1985SOLVENT STILL AS RECYCLING UNIT - REGULATORY STATUS OFMemo
 Description: A solvent that is still recycling hazardous waste is not subject to regulation. The recycling process itself is not normally subject to regulation unless it is analogous to land disposal or incineration. The storage and transportation of solid wastes which will be recycled are subject to regulation.
 
06/26/1985WATER-STRIPPED POHCS ON INCINERATOR DREMemo
 Description: Toluene and acrylonitrile are suitable principal organic hazardous constituents (POHCs) for Union Carbide incinerator. All POHCs in exhaust gas, including those stripped from scrubber, are included in the destruction and removal efficiency (DRE) calculation.
 
05/30/1985INCINERATOR PERMITS TO BURN DIOXIN WASTES, MODIFICATION OFMemo
 Description: A permitted incinerator does not need a certification to burn dioxins. A facility may need a permit modification for dioxin waste or to meet the 99.9999% destruction and removal efficiency (DRE).
 
04/01/1985ACCEPTABLE LEVELS OF RESIDUAL CONTAMINANTS IN THE EPA INCINERATOR RESIDUES (REVISION)Memo
 Description: EPA recommends that Regions set the level of concern of 2 ppm for solid residues from incineration of PCBs.
 
02/04/1985METALS PRODUCTION WASTES, APPLICABILITY OF MINING WASTE EXCLUSION - COMBUSTION OF WASTES AS INCINERATIONMemo
 Description: Reduction and distillation producing zirconium, hafnium, and titanium sponges yields Bevill exempt mining and mineral processing wastes (SEE ALSO: 261.4(b)(7)). The formation of ingots from sponges does not yield excluded wastes. Shaping metal after it has been extracted from ore is not extraction, beneficiation, or processing. Smokehouse, crucible burn pots are incinerators.
 
01/18/1985ACCEPTABLE LEVELS OF RESIDUAL CONTAMINANTS IN THE EPA INCINERATOR RESIDUESMemo
 Description: Provides conservative concentration-based levels for 20 toxic constituents beneath which dioxin-bearing ash would not present substantial hazard to human health or the environment when managed at nonhazardous waste facilities. Discussion of necessary delisting for incinerator trial burn dioxin residues (SEE ALSO: F020-F023, F026-F028) (SEE ALSO: RPC# 4/1/85-08).
 
11/13/1984INCINERATION-AT-SEA REGULATIONSMemo
 Description: The Office of Water proposed incineration-at-sea regulations that potentially conflict with RCRA Subtitle C incinerator rules.
 
11/01/1984RECIRCULATING TANK FEEDS CAUSTIC TO INCINERATOR SCRUBBERQuestion & Answer
 Description: A recirculating tank that receives caustic from an incinerator does not qualify for the 261.4(c) product storage tank exclusion. The tank may qualify as a generator accumulation tank.
 
09/10/1984TRIAL BURNS, Q&A REPORTMemo
 Description: As of 9/10/84, EPA had not issued any incinerator permits on the basis of data submitted in lieu of a trial burn.
 
09/01/1984DESTRUCTION AND REMOVAL EFFICIENCY OF PERMITTED INCINERATORSQuestion & Answer
 Description: Incinerators must achieve a destruction and removal efficiency (DRE) of 99.99% for any principle organic hazardous constituent (POHC) designated in a permit.
 
07/31/1984INCINERATORS THAT RECEIVE GASEOUS EMISSIONS, RCRA EXCLUSION, CAA APPLIESMemo
 Description: Gaseous feeds to fume incinerators are not solid wastes. Light ends that may be condensable to liquids at standard temperature and pressure may be solid wastes. Only true gases are excluded under RCRA 1004(28) (SUPERSEDED: See 54 FR 50973; 12/11/89 and 56 FR 7200; 2/21/91).
 
07/01/1984HAZARDOUS WASTE INCINERATION/SW-846 METHODQuestion & Answer
 Description: “Sampling and Analysis Methods for Hazardous Waste Incineration” will not be issued as Appendix A to SW-846, but it will be incorporated throughout the document (SEE ALSO: Chapter 7 of SW-846).
 
07/01/1984RECYCLING BAGHOUSE DUSTQuestion & Answer
 Description: Baghouse dust from an incinerator that burns non-fossil fuels is hazardous if it is characteristic. Dust that is not excluded under the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes is considered a sludge for purposes of the recycling regulations.
 
02/19/1984SCRUBBER BRINE/SLUDGE PRODUCED IN INCINERATION OF A LISTED HAZARDOUS WASTEMemo
 Description: Scrubber brine and sludge from the incineration of a listed waste are hazardous through the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). Residues from incineration of a characteristic waste are hazardous only if they exhibit a characteristic (SEE ALSO: 268.40).
 
05/01/1983HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY VS. INCINERATIONQuestion & Answer
 Description: The current (1983) recycling regulations consider the intent when distinguishing between burning for legitimate heat recovery and incineration. The 4/4/83 Federal Register proposes that recovery carried out in a unit that meets the incinerator definition must be permitted, regardless of energy and material recovery considerations.
 
10/22/1982EXISTING INCINERATORS AND DATA IN LIEU OF TRIAL BURNMemo
 Description: Addresses the submission of data from existing incinerators in lieu of conducting a trial burn.
 
07/09/1982PERMITTING OF HAZARDOUS WASTE INCINERATORSMemo
 Description: Discusses the historical priorities for the permitting of incinerators.
 
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Show details for Reactive WastesReactive Wastes
Show details for RecyclingRecycling
Show details for Reducing WasteReducing Waste
Show details for Siting (waste facilities)Siting (waste facilities)
Show details for Small Quantity Generators (SQG)Small Quantity Generators (SQG)
Show details for Solid WasteSolid Waste
Show details for SolventsSolvents
Show details for Source ReductionSource Reduction
Show details for Special WastesSpecial Wastes
Show details for State Programs (RCRA)State Programs (RCRA)
Show details for StorageStorage
Show details for Surface ImpoundmentsSurface Impoundments
Show details for TanksTanks
Show details for Test MethodsTest Methods
Show details for Toxicity CharacteristicToxicity Characteristic
Show details for TransportersTransporters
Show details for TreatmentTreatment
Show details for TSDFsTSDFs
Show details for U-wastesU-wastes
Show details for Underground Storage Tanks (UST)Underground Storage Tanks (UST)
Show details for Universal WasteUniversal Waste
Show details for Used OilUsed Oil
Show details for VariancesVariances
Show details for Waste Determinations for Combusted Non-Hazardous Secondary MaterialsWaste Determinations for Combusted Non-Hazardous Secondary Materials
Show details for Waste MinimizationWaste Minimization
Show details for Waste PilesWaste Piles
Show details for Waste ReductionWaste Reduction
Show details for Wood Preserving WastesWood Preserving Wastes
Show details for (Not Categorized)(Not Categorized)
For more information on commonly used environmental terms please visit the Terms of the Environment EPA Home Page

 

 
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