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06/01/2007Assessment of the Potential Costs, Benefits, and Other Impacts of the Expansion of the Comparable Fuel Exclusion - Proposed RulePublication
 Description: This report analyzes the costs, benefits, and other impacts of the proposed rule to expand the comparable fuel exclusion to emission-comparable fuel and two alternative options to the rule considered by EPA.
 
05/31/2007Draft Technical Support Document for the Expansion of the Comparable Fuels ExclusionPublication
 Description: This document presents supporting information for the proposed expansion of the comparable fuels rulemaking to emission-comparable fuel (ECF). It discusses ECF constituents; provides information on the industrial boiler designs and fuels used in these boilers; discusses the use of CO as an indicator for incomplete combustion; describes a qualitative risk assessment conducted for dioxins and furans and compares organics data between hazardous waste burning boilers and industrial boilers; describes the compliance conditions for ECF generators and burners; and presents the costs and savings for generators and burners.
 
05/31/2007Environmental Fact Sheet: EPA Proposes to Expand Comparable Fuels ExclusionPublication
 Description: This fact sheet discusses the proposed rule to expand the hazardous waste comparable fuels exclusion to encompass a new category of liquid hazardous waste-derived fuel known as emission-comparable fuel (ECF). ECF is fuel that is produced from a hazardous waste but which generates emissions when burned in an industrial boiler that are comparable to emissions from burning fuel oil. In other words, the fuels are comparable from an emissions standpoint but not from a physical standpoint.
 
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).
 
11/15/2001REGULATORY STATUS OF THE CATOXID FLUIDIZED BED REACTORMemo
 Description: The Catoxid unit operates as a recycling unit designed to react secondary material feeds to produce a chemical intermediate used directly in the manufacture of EDC. The Catoxid unit is a manufacturing process and does not meet the definition of halogen acid furnace (HAF) (SEE ALSO: 56 FR 7139; 2/21/91). EPA views HAFs as utilizing combustion and as being designed as boilers or operated in a manner similar to boilers. Acid generation that occurs in a closed, controlled chemical manufacturing process is not considered the "production of acid" for purposes of the HAF definition. Secondary materials going to such units are not solid wastes pursuant to the use/reuse exclusion if the process is legitimate recycling. State regulations can be more stringent than the federal regulations.
 
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).
 
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.
 
08/20/1998USED OIL-FIRED SPACE HEATERS AS UTILITY BOILERSMemo
 Description: Off-specification used oil can be burned in on-site space heaters as long as the heater has a maximum capacity of not more than 0.5 million BTU per hour. The definition of utility boiler is intended to apply to large boilers that have emission controls similar to industrial boilers and furnaces. Small on-site used oil space heaters exceeding the 0.5 million BTU per hour limit are not considered utility boilers even if the energy created is being sold. A space heater not meeting the provisions of the exemption is a nonindustrial boiler which is prohibited from burning used oil.
 
06/02/1998MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) REGULATIONSMemo
 Description: The 1997 estimates show a reduction of dioxin/furan and mercury emissions from hazardous waste combustors as a result in part to the Hazardous Waste Combustion Strategy and the proposed maximum achievable control technology (MACT) standards. The “fast track” portion of the MACT rule contains waste minimization and pollution prevention requirements (SEE ALSO: 63 FR 33782; 6/19/98). The MACT proposal would require facilities to monitor emissions and conduct performance testing under the Clean Air Act requirements (SEE ALSO: 64 FR 52828; 9/30/99). The MACT floor standard is defined by the technologies used by the best performing (lowest emitting) 6 percent of sources for that hazardous air pollutant.
 
12/19/1997CLARIFICATION ON USE OF WASTE HEATING VALUEMemo
 Description: A heating value of 5000 Btu or more is used as a test for determining the applicability of standards for boilers and industrial furnaces (Section 266.103(a)(5)(ii)(B)). The 5000 Btu level is not a cutoff for determining whether a secondary material meets the definition of solid waste or is being recycled legitimately. Such determinations should be made on a case-by-case basis.
 
07/21/1997INDEPENDENT THIRD PARTY AUDITS OF BOILER AND INDUSTRIAL FURNACE TRIAL BURNSMemo
 Description: Quality assurance (QA) managers may be part of corporation, but must not be directly responsible nor accountable to those who are directly responsible for the data collection during a trial burn.
 
05/23/1997REGULATORY STATUS OF BURNING SULFUR-CONTAINING SECONDARY MATERIALS TO PRODUCE VIRGIN SULFURIC ACIDMemo
 Description: The heating value of sulfur-containing material inserted in a sulfuric acid regeneration furnace determines if the activity is burning for energy recovery or reclamation. Materials with a heating value greater than 5000 Btu/lb are generally considered to be burned as a fuel rather than for metals recovery or as an ingredient. 5000 Btu/lb is not a regulatory threshold for the purposes of the definition of solid waste, but there is a strong presumption that secondary materials above 5000 Btu are burned for energy recovery and therefore are solid wastes (e.g., as in the case of characteristic by-products recycled by being burned). The section 261.4(a)(7) exclusion applies only to spent sulfuric acid and does not include other sulfur-containing materials.
 
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.
 
10/02/1996JOHNSTON ATOLL CHEMICAL AGENT DISPOSAL SYSTEM (JACADS) RISK RELATED ISSUESMemo
 Description: Discusses the draft site-specific combustion risk assessment, current method for assessing the non-carcinogenic risks associated with dioxin exposure, most appropriate data subsets for determining carcinogenic potency factors, methods for assessing the risks associated with exposure to either the sulfur or brominated analogs of dioxin, EPA’s treatment of putative compound synergistic interactions when applied to the facility assessment. EPA has not yet developed a methodology for quantitative assessment of risks due to exposures to potential endocrine disruptors.
 
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.
 
08/14/1996USED OIL MANAGEMENT STANDARDS TO MATERIALS CONTAMINATED WITH USED OIL AND PROVIDE LITTLE OR NO ENERGY WHEN BURNEDMemo
 Description: Materials contaminated with used oil from which the free flowing oil has been drained are regulated as used oil if the material is burned for energy recovery. Burning for energy recovery for the purposes of used oil is limited to materials that have heating values of at least 5,000 BTUs per pound. A state may have a more stringent definition of burning for energy recovery.
 
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.
 
04/01/1996ABILITY OF A HAZARDOUS WASTE BURNING BIF TO SPIKE METALS AND USE OF TEST DATA IN LIEU OF A TRIAL BURNMemo
 Description: EPA does not recommend spiking toxic metals at high concentrations during BIF trial burns. Burning waste fuels with high metals content in trial burns, compliance tests, or normal operations is an environmentally unsound practice. The Combustion Strategy recommends that toxic metals burned in hazardous waste combustors be addressed in a multi-pathway risk assessment under Section 3005(c)(3) omnibus authority. Decisions to allow the use of data in lieu of a trial burn or compliance test are made on a site-specific basis. Data-in-lieu of provisions are not intended to allow the elimination of retesting requirements.
 
03/29/1996SITE-SPECIFIC RISK ASSESSMENTS UNDER THE HAZARDOUS WASTE COMBUSTION STRATEGYMemo
 Description: The April 1994 draft "Exposure Assessment Guidance for RCRA Hazardous Waste Combustion Facilities" is applicable guidance for site-specific risk assessments (somewhat dated). EPA encourages using the most up-to-date technical information available and other relevant guidance. EPA encourages the use of actual field data when assessing exposures for evaluating modeling results.
 
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)).
 
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).
 
11/09/1995USE OF METAL SURROGATES IN COMPLYING WITH THE BOILER AND INDUSTRIAL FURNACE (BIF) RULEMemo
 Description: BIF rules do not specifically prohibit testing with surrogate metals, but the use of surrogate metals may be of limited use. Use of a low volatility regulated metal (e.g., chromium, arsenic) as a surrogate for beryllium is discouraged.
 
10/12/1995CLARIFICATION OF TREATMENT, AS DEFINED AT 40 CFR SECTION 260.10, AS IT RELATES TO HAZARDOUS WASTE FUEL BLENDING ACTIVITIESMemo
 Description: Consolidation of compatible bulk or containerized wastes to facilitate efficient transportation or disposal is not treatment. Blending hazardous waste fuels to meet a specification is treatment and requires a permit.
 
07/13/1995REGULATORY STATUS OF SPENT ANTIFREEZEMemo
 Description: Spent antifreeze from radiator flushes may be characteristic. Studies indicate spent antifreeze may be hazardous, primarily due to lead. EPA has not determined the point of generation for like wastes of similar composition when commingled after being produced. Discusses the status of commingling hazardous and nonhazardous antifreeze. If the commingled mixture is no longer hazardous and meets treatment standards, the generator must comply with the Section 268.9 notification requirement. Residues and still bottoms from antifreeze recycling are a newly generated waste. Metal-bearing, high-BTU still bottoms could be burned in a BIF under the dilution prohibition.
 
02/22/1995REGULATORY DETERMINATION OF CEMENT KILN DUSTMemo
 Description: Cement kiln dust (CKD) is exempt under the 261.4(b)(8) Bevill exclusion until EPA promulgates custom-tailored RCRA Subtitle C rules. The CKD decision (60 FR 7366; 2/7/95) applies to all dust whether or not a hazardous waste fuel is burned in the kiln, although CKD from cement kilns co-burning hazardous waste must qualify for the exclusion through the 266.112 test.
 
01/15/1995CMA/EPA BIF Workshop; Edited TranscriptPublication
 Description: This document presents the edited transcript from Chemical Manufacturers Association/EPA workshop on boilers and industrial furnaces (BIFs). It discusses waste analysis of feed streams, monitoring requirements, automatic waste feed cutoff, owner/operator inspections, Subpart BB inspection, recordkeeping, training for facility personnel, compliance testing, management of residues, and regulatory development. It also includes questions and answers, agenda for the workshop, list of questions generated at the workshop, list of speakers, and list of EPA combustion guidance documents.
 
12/05/1994CLARIFICATION OF REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Eligibility for the Bevill exemption for cement kiln dust (CKD) residues is contingent upon the composition of the residue, not upon the purpose of burning waste. If no treatment or blending occurs, bulking, containerizing, consolidating, and de-consolidating are allowed at transfer facilities.
 
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.
 
11/09/1994DETERMINATION REGARDING THE REGULATORY STATUS OF A WASTE RECLAMATION SYSTEMMemo
 Description: Secondary materials used as ingredients to produce products are excluded from the definition of solid waste at the point of generation, provided they are not used in a manner constituting disposal, used to produce a fuel, or accumulated speculatively. Whether a waste is reclaimed or used as an ingredient is case-specific. Waste-derived products that are used in a manner constituting disposal are subject to 266 Subpart C. Waste-derived products that are burned as fuels are subject to 266 Subpart H.
 
11/08/1994REGULATORY INTERPRETATIONS UNDER RCRA CONCERNING CERTAIN FUEL BLENDING SCENARIOSMemo
 Description: The 1991 BIF rules superseded the sham recycling policy for hazardous waste fuels, so an as-generated heating value no longer affects the legality of fuel blending prior to burning in BIFs, but it may affect the status of the product created in a BIF. If fuels with low heating values are burned, cement may be considered a waste-derived product and subject to hazardous waste regulation if it is destined for land placement, unless the facility demonstrates legitimate energy recovery. If gravity separates hazardous waste fuel into aqueous and organic phases during storage, mixing the phases together again is not treatment. Decanting the two phases or portions of fuel is treatment.
 
11/04/1994MINIMUM HEAT CONTENT REQUIREMENTS OF WASTE-DERIVED FUEL BLENDED FOR ENERGY RECOVERY IN BIFSMemo
 Description: Blending of hazardous waste to increase the heating value for use as a fuel is not prohibited. Hazardous waste with a heating value of less than 5000 Btu/lb is burned for destruction, not for energy recovery. The resulting cement or aggregate is a waste-derived product subject to hazardous waste regulation unless the facility documents a legitimate energy contribution of the low Btu fuel (SEE ALSO: RPC# 5/20/94-01).
 
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.
 
10/17/1994REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Fuel blenders are subject to 268.7(b) LDR notification and certification. Fuel blending is not exempt from permitting, unless it is done at a generator site in a 262.34 accumulation unit. Fuel blending at a transfer facility is treatment and requires a permit. Most fuel blending units are permitted as tanks or miscellaneous units. Fuel blenders are subject to the air emissions standards (SEE ALSO: RPC# 12/5/94-01; 59 FR 62896; 12/6/94). Thermal treatment units are not eligible for the 262.34 permit exemption. Recycling units at facilities with other permitted units are subject to the air emissions standards (SEE ALSO: 62 FR 25997; 5/12/97). Generators who send waste off-site to a burner are subject to LDR notification. Cement or light-weight aggregate kiln produced by a Bevill device burning both hazardous waste and Bevill-exempt wastes may be exempt from land disposal restrictions (LDR) treatment standards when used in a manner constituting disposal if the residues pass the significantly affected test in 266.112. If neither the products nor the residues are subject to the LDR treatment standards, the original generator's waste is not prohibited from land disposal, and is subject only to 268.7(a)(6) (SEE ALSO: 62 FR 25997; 5/12/97).
 
10/01/1994REGULATORY STATUS OF METALS RECOVERY UNDER RCRAQuestion & Answer
 Description: Lead and nickel-chromium furnaces, and metal recovery furnaces that burn certain baghouse bags are metal recovery units engaged in precious metals recovery and are conditionally exempt from BIF rules. Prior management of precious metals is subject to Part 266, Subpart F. Owners of BIFs that burn hazardous wastes solely for metal recovery are exempt from most BIF regulation. There are three criteria to determine if hazardous waste is processed solely for metal recovery.
 
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.
 
07/21/1994CLARIFICATION: 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.
 
07/20/1994EXCLUSION FROM RCRA REGULATION FOR SECONDARY MATERIALS USED OR REUSED DIRECTLY AS INGREDIENTS IN AN INDUSTRIAL PROCESSMemo
 Description: The heating value of a secondary material inserted in a sulfuric acid regeneration furnace determines if the activity is excluded use or reuse, or burning for energy recovery subject to Part 266, Subpart H. Generally, waste with a heating value at or above 5000 Btu/lb is considered burned as fuel. Hazardous waste burned in a BIF for metals recovery is exempt under 266.100(c) only if the device burns the waste exclusively for metals recovery and not partially for destruction or energy recovery. A secondary material with high sulfur content burned in a sulfuric acid regeneration furnace is not eligible for the 261.4(a)(7) exclusion because the secondary material in question is not spent sulfuric acid.
 
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.
 
06/07/1994SHAM RECYCLING POLICY AS IT PERTAINS TO THE BOILER AND INDUSTRIAL FURNACE RULEMemo
 Description: The BIF rule supersedes the sham recycling policy of a minimum 5000 Btu/lb heating value for waste (56 FR 7183; February 2, 1991). A product is waste-derived if a furnace burns hazardous waste fuels with a heating values less than 5000 Btu/lb, unless the facility demonstrates legitimate energy recovery, or unless the is waste is excluded via the use in a manner constituting disposal standards in Section 266.20(b). The minimum fuel value is determined on an as-generated, not as-fired basis. Blending to augment the as-generated heating value cannot be used to pass threshold. The heating value can be increased through legitimate treatment.
 
05/26/1994CLASSIFICATION OF A MERCURY RECOVERY UNITMemo
 Description: One condition of the exclusion from the BIF rules for furnaces engaged solely in metal recovery is that the heating value of the waste cannot exceed 5000 Btu/lb, otherwise the waste is being burned for energy recovery. The requirement is inconsistent with the land disposal restrictions (LDR) mercury recovery treatment standards (SEE ALSO: RPC# 12/17/93-01). 
 
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.
 
05/20/1994MINIMUM HEAT CONTENT REQUIREMENTS FOR HAZARDOUS WASTES BURNED IN BIFSMemo
 Description: Blending hazardous waste (HW) to increase the heating value is not prohibited, but if a BIF burns the HW with a heating value below 5000 Btu/lb and does not document that it was burned for legitimate energy recovery, and the product derived from the burning is placed on land is use in manner constituting disposal, and would be a HW. Such a HW-derived product could be exempted from compliance with the land disposal restrictions (LDR) and notification requirements. Discusses fuel value based on as-generated, not as-fired basis. Blending cannot be used to meet fuel value test. As-generated fuel value can be increased by legitimate treatment (e.g., decanting).
 
05/17/1994REGULATORY STATUS OF PRODUCTS (INCLUDING CLINKER AND FERTILIZER) PRODUCED IN CEMENT KILNS EQUIPPED WITH A RECOVERY SCRUBBERMemo
 Description: Since cement kiln dust (CKD) is not a hazardous waste, products (e.g., clinker and fertilizer) partially derived from processing CKD are not subject to regulation. Cement kilns that burn or process hazardous waste must meet the requirements in 266.112 for their CKD to be exempt (SEE ALSO: 60 FR 6666; 2/7/95; RPC# 6/9/94-02).
 
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.
 
04/04/1994RESPONSE TO THE PETITION FOR ADMINISTRATIVE ACTION TO CEASE HAZARDOUS WASTE BURNING AND NOTICE OF CITIZEN SUITSMemo
 Description: Interim status is a statutory right when a facility meets all applicable standards. EPA cannot order BIFs that properly qualified for interim status to stop operating. To qualify for interim status, a facility must be in existence on the effective date of the applicable rule.
 
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.
 
12/17/1993CLASSIFICATION OF OLIN MERCURY RECOVERY UNIT AS AN INDUSTRIAL FURNACEMemo
 Description: A mercury recovery unit is a type of smelting, melting, or refining furnace and is therefore an industrial furnace (BIF). Discusses the elements of classification of a BIF. If the unit is used solely for metal recovery, then it is conditionally exempt from BIF rules. The exemption is conditioned on notification, sampling and analysis, and recordkeeping. Provides a mercury retorter definition.
 
12/06/1993DEFINITION OF INDUSTRIAL FURNACE AS IT APPLIES TO SMELTING, MELTING, AND REFINING FURNACES HANDLING SECONDARY MATERIALSMemo
 Description: Smelting, melting, and refining furnaces processing waste solely for metals recovery is exempt from the BIF permitting and emission standards. Legitimacy of operation is a case-by-case determination (SEE ALSO: 56 FR 7143; February 21, 1991 and 53 FR 522; January 8, 1988).
 
11/29/1993REGULATORY INTERPRETATION OF A MOBILE MERCURY RETORTING PROCESS FOR MERCURY CONTAMINATED SOILS FROM NATURAL GAS PIPELINE METERSMemo
 Description: Mercury roasting and retorting are two methods of reclamation. Discussion of what roasting and retorting furnaces accomplish. Reclamation is a type of recycling. Recycling is generally not subject to regulation, unless recycling is taking place in a BIF. Roasting and retorting meet the definition of industrial furnace (BIF) since they are smelting, melting, or refining furnaces. Retorting solely for metal recovery is conditionally exempt from BIF rules (SEE ALSO: 64 FR 52827; September 30, 1999). Discussion of the elements of the exemption.
 
11/02/1993REGULATORY STATUS OF CEMENT PRODUCED USING HAZARDOUS WASTE FUELSMemo
 Description: EPA does not currently regulate cement produced with clinker from kilns burning hazardous waste fuels. Such cement is not derived-from hazardous waste based on the understanding that fuel residues do not end up in the cement product.
 
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.
 
09/15/1993CLARIFICATION OF RCRA REGULATORY APPLICATION TO SOILS CONTAMINATED BY CEMENT KILN DUSTMemo
 Description: Secion 266.112 does not apply retroactively to soil contaminated by cement kiln dust, which is exempt under the Bevill exclusion for fossil fuel combustion wastes, when the soil is removed during corrective action. Discusses the distinction between applying listings retroactively and determining applicability of Bevill exclusion.
 
09/14/1993REGULATORY INTERPRETATION OF AUTOMATIC WASTE FEED CUTOFFS IN BOILERS AND INDUSTRIAL FURNACESMemo
 Description: Automatic waste feed cutoffs (AWFCOs) in BIFs must be triggered if certain parameters are exceeded. If a waste cannot enter a BIF or remain in the combustion chamber after AWFCO, the BIF is not required to maintain minimum combustion temperature after AWFCO.
 
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.
 
08/15/1993Environmental Fact Sheet: Large-Volume Wastes from Coal-Fired Electric Utilities Exempt as Hazardous WastePublication
 Description: This fact sheet announces EPA's determination that large-volume wastes from coal-fired electric utilities pose minimal risks to human health and the environment. The determination continues the exemption for fly ash, bottom ash, boiler slag, and flue gas desulfurization wastes. EPA recommends that potential problems be addressed on a site-specific basis.
 
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.
 
06/30/1993MINING WASTES FROM SEARLES LAKE OPERATIONSMemo
 Description: Oil from a machine maintenance operation is not uniquely associated with mining or mineral processing operations and is not exempt under the Section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes (SEE ALSO: 63 FR 28556; May 26, 1998). Waste oil from the extractant, or crude, treatment process is not exempt. Boiler ash is an exempt Bevill fossil fuel combustion waste.
 
06/02/1993REGULATORY STATUS OF HAFS AND THE VCR PROCESS UNIT LOCATED AT BORDEN'S GEISMAR, LA FACILITYMemo
 Description: A Valorization of Chlorinated Residuals unit is a halogen acid furnace (HAF) and thus is an industrial furnace that is subject to the BIF rules. EPA designates all hazardous material fed to HAFs as inherently waste-like, since HAFs necessarily destroy toxic constituents in addition to recovering materials or energy.
 
04/30/1993CLARIFICATION OF STATE AND FEDERAL APPLICABILITY OF THE BIF RULE TO LIME KILNS BURNING HAZARDOUS WASTEMemo
 Description: Recycling is normally considered a form of hazardous waste treatment that is exempt from regulation. The Part 266, Subpart H rules apply to all BIFs that burn or process hazardous waste, regardless of the purpose of burning (SEE ALSO: 266.100(b), (c), (d)).
 
04/26/1993STRATEGY FOR VOLUNTARY REMEDIATION OF HISTORIC MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Manufactured gas plant (MGP) wastes are not listed but they may exhibit a characteristic. MGP wastes are newly identified and are not subject to land disposal restrictions (LDR) treatment requirements or the dilution prohibition. MGP wastes may be decharacterized in generator's 262.34 accumulation units without a permit and sent off-site for burning in utility boilers as nonhazardous waste (SEE ALSO: 63 FR 28556; 5/26/98).
 
08/11/1992COMBINED OPERATION OF THE RESOURCE RECOVERY KILNS AND CEMENT KILNS AT GIANT CEMENT COMPANY, HARLEYVILLE, SCMemo
 Description: Generally, when listed hazardous waste is burned in a cement kiln for a purpose other than just energy recovery and the resulting product is placed on the land, the cement product is a solid and hazardous waste subject to 266.20. However, cement produced from burning off-gases in a cement kiln is not a waste-derived product. Cement produced from treated soil that no longer contains hazardous waste is not a waste-derived product. For the purposes of 266.20(b), EPA may test clinker, rather than product (i.e., cement). 268.7(b)(5), (b)(7) paperwork applies to each shipment of waste-derived product sent to a receiving facility. Discusses the guidelines for determining the regulatory status of two or more hazardous waste treatment units in a series. A cement kiln and resource recovery kiln operating in series are regulated as BIFs. Off-gases from resource recovery kilns are regulated under RCRA Subtitle C if they originate from hazardous waste treatment (SEE ALSO: RPC# 7/29/94-01).
 
01/22/1992EVALUATING PRECOMPLIANCE CERTIFICATIONS FOR BOILERS AND INDUSTRIAL FURNACESMemo
 Description: Provides interpretation of a "complete and accurate" certification of precompliance. Addresses the use of enforcement authorities when evaluating BIF precompliance certification violations. Possible EPA responses include 3007 information requests and notices of violation.
 
11/04/1991REGION V FUEL-BLENDING FACILITIES CONCERNSMemo
 Description: An unit used to blend or treat hazardous waste to produce a fuel is subject to permitting. BIFs can burn low-Btu waste after conducting emission testing and certifying compliance. Unit processes used to raise Btu value of a hazardous waste (e.g., phase separation, centrifugation) require a permit.
 
10/01/1991APPLICATION OF THE SHAM RECYCLING POLICY TO CERTIFIED BOILERS AND INDUSTRIAL FURNACESQuestion & Answer
 Description: Certified BIFs are not required to prove that the wastes burned have heating value of 5,000 Btu/lb or more. Certification of compliance with air emission standards satisfies the protection of human health and environment requirements.
 
09/23/1991BIF REGULATIONS EFFECTS ON INDUSTRIAL BOILERMemo
 Description: The BIF regulations exempt units burning low hazard waste from many of the emission standards but not from permitting.
 
08/19/1991INTERIM STATUS UNDER THE BIF RULEMemo
 Description: Provides a clarification of the interim status qualification criteria for BIFs due to the BIF rule. A facility with a history of handling hazardous waste (HW) before the effective date of the BIF rule (8/21/91) are clearly eligible for interim status. When waste is not yet handled by the effective date, it is a complicated determination dependent upon the criteria in 3005(e). The criteria include the definition of in existence, in operation, under construction, substantial loss due to contractual obligation, and reasonable time to complete construction. State and local approvals of permits are necessary to begin physical construction. Addresses state moratoriums on facilities obtaining interim status. Discusses 3010 ID number requirements for BIFs and pre-compliance certification.
 
08/15/1991Environmental Fact Sheet: Amendment to the Regulations for Burning Hazardous Waste in Boilers and Industrial FurnacesPublication
 Description: This fact sheet explains the technical amendment to the final boiler and industrial furnace rule, clarifies the regulation (56 FR 7134), and corrects certain provisions that could result in unintended consequences.
 
08/15/1991Environmental Fact Sheet: Coke Ovens Temporarily Exempted from BIF Rule ProvisionsPublication
 Description: This fact sheet announces an administrative stay on permitting standards for boilers and industrial furnaces as applied to thirty-four coke ovens that recycle hazardous waste.
 
08/07/1991BIF RULE APPLIED TO NEWLY REGULATED UNITS AT INTERIM STATUS FACILITIESMemo
 Description: To obtain interim status as a newly regulated unit, a BIF must meet definition of an existing facility. Physical construction may commence after August 21, 1991 if the owner has entered into a contractual obligations for physical construction, and has obtained the necessary permits under changes during interim status.
 
08/02/1991CARBON REGENERATION UNITS - REGULATORY STATUSMemo
 Description: Carbon regeneration units regulated under Part 264, Subpart X or Part 265, Subpart P is Thermal Treatment. Discussion of regulatory status of carbon regeneration units in states authorized and unauthorized for February 21, 1991 BIF rule (56 FR 7134) (SEE ALSO: RPC 1/5/98-01).
 
06/21/1991BAGHOUSE DUSTS USED AS, OR TO PRODUCE, AGGREGATEMemo
 Description: Baghouse dust used as a product or reclaimed as an ingredient in a product (e.g., aggregate) placed on the land is a solid waste and is not exempt per 261.2(e). Products reclaimed from K061 that are not placed on the land are no longer wastes. Discusses the indigenous principle (SUPERSEDED: see 266.100) and the elements of legitimate recycling. If it is not legitimate recycling, the kiln is hazardous waste treatment unit.
 
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.
 
03/29/1991SHAM INCINERATION AND TREATMENT OF K048-K052 WASTES IN CEMENT KILNS AND INDUSTRIAL FURNACESMemo
 Description: Oil cannot be added to a K048-K052 treatment cake to increase fuel value above sham recycling threshold unless the oil is originally part of waste (SUPERSEDED: see RPC# 11/8/94-01; Section 266.100). All wastes derived from listed wastes are subject to land disposal requirements (LDR) except for certain Bevill residues.
 
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).
 
12/15/1990Environmental Fact Sheet: Hazardous Waste Boilers and Industrial Furnaces Now under Strict RCRA RegulationsPublication
 Description: This fact sheet explains a rulemaking intended to reduce and control toxic pollutants from industrial furnaces and boilers, which burn two million tons of hazardous waste a year. Applicable facilities must obtain operating permits or stop burning waste. This rulemaking brings all facilities burning hazardous wastes for energy recovery or treatment under full regulation for first time.
 
10/30/1990TRANSFER FACILITY REGULATION INTERPRETATIONMemo
 Description: A transportation company has one ID number. All company trucks are assigned the same number. Transporters may consolidate hazardous waste (HW) shipments at a transfer facility. They must indicate the new composition and re-manifest the waste to the original designated facility. A TSDF can be a transfer facility if it is not already the designated facility. Waste is in the custody of the last transporter that signed the manifest until the designated facility or the next transporter signs it. Transfer facilities are subject to HW discharge requirements. Burners and marketers must notify EPA of HW fuel activities, even if they already have ID numbers (SUPERSEDED: see Part 266, Subpart H).
 
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).
 
03/01/1990BULKING OR CONTAINERIZING COMPATIBLE HAZARDOUS WASTES FOR TRANSPORTATIONMemo
 Description: Bulking or consolidating hazardous waste (HW) shipments for transport may not be treatment. Mixing different HW for fuel is blending subject to permit. The state or Region decides if it is treatment. Fuel blending is not defined. Discussion of blending versus bulking. Non-generator blending tanks need a permit. Blenders must ensure significant heating value (SUPERSEDED: See RPC# 11/8/94-01).
 
10/17/1989BURNING OF USED OILMemo
 Description: A used oil burner does not need a permit. Off-specification used oil burned in a space heaters must be from household Do-It-Yourselfers (DIYs), or be generated by an used oil burner. Off-specification used oil must be burned in space heater, industrial boiler, or industrial furnace. There are no restrictions on burning on-specification used oil.
 
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.
 
05/15/1989USED OIL BURNED FOR ENERGY RECOVERY, INTERPRETATION OF SUBPART EMemo
 Description: The rebuttable presumption is not limited to the generator of used oil (UO). Any person in possession of UO containing greater than 1000 ppm total halogens must be able to rebut the presumption. If UO failing the presumption is sprayed on (mixed with) coal, then the coal/oil mixture is a hazardous waste fuel that is subject to 266 Subpart D (SUPERSEDED: See 266 Subpart H), even if it has less than 1000 ppm total halogens after mixing. The 1000 ppm limit is not a health-based characteristic, but rather is based on mixing data.
 
04/26/1989RECYCLING OF ELECTROPLATING SLUDGES (F006) FOR CEMENT/AGGREGATE MANUFACTUREMemo
 Description: Discussion of sham recycling. Lists criteria to be used in deciding whether processing of secondary material is legitimate recycling or regulated hazardous waste treatment and sham recycling. Cement kiln dust (CKD) generated when F006 is used as ingredient is only exempt if CKD chemical makeup is not significantly affected by the use of hazardous waste (SUPERSEDED: see 266.112). F006 destined for use as ingredient in aggregate, cement, or other products to be placed on the land is regulated as a hazardous waste from the point of generation forward until 266.20(b) is satisfied. Smelting or recovering metals from F006 is not subject to regulation (SEE ALSO: Part 266, Subpart H). Smelter slag residue from F006 metal recovery is hazardous waste via derived-from rule (SEE ALSO: 261.3(c)(2)(ii), 266.20(c), and 59 FR 67256; 12/29/94).
 
01/03/1989REGULATION OF HAZARDOUS WASTE TRANSFER OPERATIONSMemo
 Description: Blending and feed storage tanks may be useful in establishing a uniform feed rate. However, the trial burn should determine if a facility can comply with the emissions performance standards without a feed storage tank.
 
09/02/1988SUMMARY OF ASSISTANCE BRANCH PERMITTING COMMENTSMemo
 Description: Aboveground bolted flange joints that are inspected daily do not need secondary containment. Joints where waste may contact the thread must meet the secondary containment requirement for tank ancillary equipment. A trench below tank waste lines may qualify as secondary containment if it is sized to contain a release and if the trench is dry so that leaks can be detected. Discusses the status of new tank systems at facilities permitted between 7/14/86 and 1/12/87. To meet the definition of a boiler, the combustion chamber and energy recovery section must be of integral design. A unit with a “post-combustion” chamber between the combustion and energy recovery sections is not a boiler. A unit with a combustion section connected to an energy recovery unit by a duct and a control system is not a boiler. A unit with innovative insulation installation does not qualify as boiler under a variance petition if the insulation does not provide significantly better performance. The determination of boiler efficiency should be conducted under controlled conditions following a method specified by the American Society of Mechanical Engineers. Thermal relief vents can be used in the design of a new incinerator, but a permit should require backup systems to minimize their use. Addresses the application of the minimum technology requirements (3004(o)) to the vertical and lateral expansions of surface impoundments and landfills. The minimum technology waiver petition was granted due to alternate design and operational factors. The 3004(o)(2) waiver petition that would prevent the migration of contaminated groundwater beyond the waste management area (e.g. surface impoundment) is inadequate because it does not prevent all groundwater contamination. Incinerators may be eligible for research, development, and demonstration (RDD) permits. Provides guidance on the duration of Research, Development, and Demonstration (RDD) permits beyond a calendar year and criteria for renewing RDD permits. Discusses the applicability of the new tank system regulations in authorized v. unauthorized states. Includes guidance on the selection of principal organic hazardous constituent (POHCs) and the use of surrogate v. actual wastes during the incinerator trial burn. The actual waste can be spiked during the trial burn to raise principal organic hazardous constituent levels. Addresses the sampling frequency during a trial burn. The mass feed rate of a principal organic hazardous constituent (POHC) input used for destruction and removal efficiency (DRE) calculations must equal mass feed rate in the wastestream only. When sampling for particulates and semi-volatile POHCs during an incinerator trial burn, two separate Modified Method 5 (MM5) trains should be used. Only one confirmatory sampling event is necessary to trigger compliance monitoring. Discusses the disposal of purged water generated during groundwater sampling and analysis. An owner of a landfill or surface impoundment submitting a no migration waiver petition must use a worst-case soil permeability factor in groundwater modeling. The constituent concentration, retardation factors, and constituent half-life must be evaluated when developing a model for a no migration waiver petition for a surface impoundment or a landfill (3004(o)(2)). The owner of a site with a complex hydrogeology should use a 2 or 3-dimensional model to support a no migration demonstration. Provides criteria for evaluating landfill composite bottom liner equivalency. Addresses the evaluation of a final cover slope using a soil loss equation. EPA recommends the use of glass vessels when performing compatibility testing on a high-density polyethylene (HDPE) liner. Scarifying and remolding do not meet the minimum technological requirements for a landfill secondary soil liner. A contingency plan must designate a sufficient number of emergency coordinators to provide 24-hour and vacation coverage. The federal regulations require a compressive strength test for stabilized wastes (going to a landfill) that pass the paint filter test only if true chemical stabilization has not occurred.
 
04/21/1988DISTILLATION OR FRACTIONATION COLUMN BOTTOMS FROM THE PRODUCTION OF CHLOROBENZENEMemo
 Description: Persons may petition EPA to add new types of units to the industrial furnace definition. Distillation or fractionation column bottoms from the production of chlorobenzene (K085) are by-products. Discussion of by-product versus co-product. Bottoms that must be further processed before use are not co-products. EPA intends to designate all materials introduced into halogen acid furnaces (HAFs) as inherently waste-like. A chlorinated by-product reused as ingredient in chlorinated feedstocks and muriatic acid is not a solid waste (SW) if no burning, reclamation, disposal, or speculative accumulation is involved (SUPERSEDED: see 56 FR 7134; 2/21/91). A generator must be able to provide supporting documentation for exempt wastes. If a material is a SW depends on the disposition, or intended disposition, of the material. Discussion of the regulatory status of a gas-fired thermal oxidizer. Discussion of the status of an oxidation reactor burning chlorinated benzene process streams in titanium dioxide production depends on if material is burned for energy recovery or as ingredient in industrial product (SUPERSEDED: see Part 266, Subpart H). Burning waste in an incinerator is destruction subject to incinerator standards.
 
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).
 
01/26/1988ZINC OXIDE RECLAIMED FROM KILNSMemo
 Description: Discusses indigenous secondary materials (SEE ALSO: 266.100). Partially reclaimed K061 which must be reclaimed further is still a solid waste and is derived from K061. Kiln residue is not exempt because K061 is from primary steelmaking, not from the processing of ores and minerals. F006, F019, and K062 are not indigenous to zinc smelting. The 3004(u) authority applies to releases of Bevill wastes and to releases from pre-RCRA inactive units. Units holding product are not solid waste management units (SWMUs) unless routine and systematic releases occur. Addresses American Mining Congress (AMC) v. EPA. The status of dust from a kiln burning K061 could change when the BIF regulations are finalized (SEE ALSO: 261.3(c)(2)(iii)(C)(1) and 261.4(a)(11)) (SAME AS 9481.1988(01)).
 
01/25/1988NEW JERSEY ZINC COMPANY K061 STORAGE PILEMemo
 Description: A partially reclaimed waste that must be reclaimed further before it can be used as a product is still a solid and hazardous waste. Discusses the derived-from exemption for residue from processing K061, K062, and F006 in a high temperature metal recovery unit. Addresses American Mining Congress (AMC) v. EPA. The status of dust from a kiln burning K061 could change with the final BIF rule (SEE: 261.4(a)(11) and 261.3(c)(2)(iii)(C)(1)). Discusses indigenous secondary materials (SEE: 266.100). The 3004(u) corrective action authority applies to Bevill waste and releases from pre-RCRA inactive units. Units holding product are not solid waste management units (SWMUs) for purposes of 3004(u) unless routine and systematic releases occur (SAME AS 9444.1988(02a)).
 
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).
 
11/10/1987PICKLE 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.
 
03/17/1987RESIDUES FROM U.S. NAVY SALVAGE FUEL BOILERMemo
 Description: Ash from a U.S. Navy salvage fuel boiler plant is not eligible for the household hazardous waste exclusion. The Bevill exemption for fossil fuel combustion wastes includes ash generated from combustion of coal-waste mixtures where coal makes up more than 50% of the fuel mixture (SEE ALSO: see 266.112).
 
03/10/1987RCRA “SPECIAL STUDY’ WASTE DEFINITIONS AND SITES THAT REQUIRE ADDITIONAL CONSIDERATION PRIOR TO NPL PROPOSAL UNDER THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACTMemo
 Description: Fossil fuels must be 50% of the fuel mix to qualify for the Bevill fossil fuel combustion exemption. Provides a definition of extraction, beneficiation, processing, large volume waste, cement kiln dust, bottom, fly ash, boiler slag, and flue gas desulfurization sludge. Discusses the criteria and examples for the oil, gas exploration, and development exclusion.
 
02/01/1987SMALL QUANTITY GENERATOR DETERMINATIONQuestion & Answer
 Description: A recycler who receives spent F005 solvents from off site must count both the still bottoms from solvent reclamation and the reclaimed solvent that is burned for energy recovery toward the monthly quantity determination. Reclaimed solvent used for solvent properties is not counted because it is beneficially reused.
 
01/07/1987BOILER VARIANCE FOR A WASTE HEAT RECOVERY BOILER NOT OF INTEGRAL DESIGN, DENIAL OFMemo
 Description: The definition of boiler and the boiler variance do not apply to combustors that are not of integral design.
 
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).
 
11/12/1986BURNING USED OIL AND THE LEAD SPECIFICATIONMemo
 Description: A decision to set used oil (UO) lead specification at 100 ppm is not affected by the lack of consideration of lead banking. The only effect of lead banking is to modestly increase estimates of the amount of off-specification used oil. EPA must propose action on a petition for rulemaking before taking final action. EPA prohibits nonindustrial boilers from burning off-specification used oil (SEE ALSO: 279).
 
08/12/1986HALOGEN ACID FURNACES AS INDUSTRIAL FURNACES OR BOILERSMemo
 Description: Halogen acid furnaces (HAFs) that burn secondary streams as an ingredient and for energy recovery are not boilers and should be classified as industrial furnaces. Heat from burning streams fuels the furnace reactions. Energy recovery does have to involve export of energy from a combustion device.
 
06/30/1986BURNING OF OFF-SPEC USED OILMemo
 Description: Off-specification used oil may be burned in industrial boilers. Only burning of off-specification used oil in nonindustrial boilers is prohibited pursuant to section 266.44 (SUPERSEDED: see 279.61).
 
04/21/1986BURNING OF USED OIL IN THE MARINE INDUSTRY AND USED OIL GENERATOR NOTIFICATION REQUIREMENTSMemo
 Description: Used oil (UO) burned in marine engines is not regulated. The burning of UO in a shipboard steam boiler is regulated. A shipboard steam boiler is considered an industrial boiler. Ships burning UO that is generated on board must notify as burners if it is off-specification UO. UO generators are not required to notify unless they market directly to a burner. If a ship transfers UO to a transporter, the transporter, not the ship, may be a marketer.
 
04/11/1986ADMINISTRATIVE CONTROLS AND STORAGE STANDARDS FOR MARKETERS OF HAZARDOUS WASTEMemo
 Description: A historical discussion of regulations applicable to marketers and burners of hazardous waste-derived fuels and used oil fuels. The standards apply to owners and operators of facilities, either owner or operator may choose to comply with the standards (SUPERSEDED: 266, Subpart D, removed by 56 FR 7194; 2/21/91) (SEE ALSO 266.100; 279.60; 279.61; and 279.70).
 
04/11/1986HAZARDOUS WASTE FUEL CADENCE PRODUCT 312, REGULATION OFMemo
 Description: A summary of all hazardous waste-derived fuel storage or transportation that are newly subject to regulation. The exemption for fuels produced by a person who neither generates nor burns them has been removed (SUPERSEDED: 266, Subpart D, removed by 56 FR 7194; 2/21/91; See 266.100).
 
04/02/1986CARBON REGENERATION FACILITIESMemo
 Description: Spent carbon is normally a spent material unless it is from pollution control, then it is a sludge. It is regulated if it contains a listed or characteristic hazardous waste (HW) (SEE ALSO: 66 FR 27266; 5/16/01). If it contains a characteristic sludge or by-product, it is not a solid waste (SW) when reclaimed. Storage before regeneration is regulated. The regeneration operation (including afterburner) is exempt from regulation (SUPERSEDED: see Part 266, Subpart H, 56 FR 7200; 2/21/91, and 261.6(d)).
 
04/02/1986CARBON REGENERATION FACILITIESMemo
 Description: Spent carbon is a spent material or sludge and a solid waste. Spent carbon may be exempt if the sludge is being reclaimed. It may be hazardous if contains a listed waste or exhibits a characteristic. Carbon regeneration units are exempt recycling units (SUPERSEDED: See 56 FR 7200; 2/21/91). Unlikely off-gas vaporization is a legitimate or bona fide recycling process.
 
03/19/1986WASTE-AS-FUEL RULES AT DOD FACILITIES, IMPLEMENTATIONMemo
 Description: A historical discussion of the DOD approach to the implementation of hazardous waste-derived fuels and the off-specification used oil fuels marketer and burner regulations (SUPERSEDED: see 56 FR 7194; 2/21/91; see 57 FR 41566; 9/1/92).
 
03/05/1986BURNING OFF-SPECIFICATION USED OIL FUEL IN GREENHOUSESMemo
 Description: An industrial boiler (BIF) is one which produces electric power, steam, or heated or cooled air, or other gases or fluids for the use in a manufacturing process. The definition is meant to distinguish these from non-industrial boilers heating residences or commercial buildings. A boiler used in agricultural processes, such as greenhouses, are industrial boilers. The supplier of off-specification used oil (UO) to the nursery is a marketer and the nursery is subject to the used oil burner standards.
 
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.
 
03/01/1986HAZARDOUS WASTE FUELQuestion & Answer
 Description: A hazardous waste fuel produced by blending, or an other treatment is subject to regulation when burned for energy recovery in a BIF. The exemption for fuels produced by a person who neither generates nor burns them has been removed (SUPERSEDED: 266 Subpart D removed by 56 FR 7194; 2/21/91; See 266.100).
 
02/13/1986BURNING USED OIL IN SPACE HEATERS, INDUSTRIAL FURNACES, AND BOILERSMemo
 Description: Pursuant to Part 266 Subpart E (SUPERSEDED: see Part 279) service stations and repair shops are allowed to burn used oil (UO) generated on-site and UO accepted from Do-It-Yourselfers (DIYs), but not UO accepted from other businesses in space heaters. Off-specification used oil can be burned in an industrial boiler, but not in heating boilers, on-site where generated without analysis for specification (SEE ALSO: 50 FR 49191; 11/29/85 and 279.61(a)(2)(ii)).
 
02/09/1986MARKETING OR BURNING HAZARDOUS WASTE FUEL, NOTIFICATION OFMemo
 Description: A historical discussion of the notification and manifest requirements for hazardous waste-derived fuel handlers (SUPERSEDED: see 56 FR 7194; 2/21/91; see 266.100).
 
01/21/1986SULFUR RECOVERY FURNACES ARE INDUSTRIAL FURNACES SUBJECT TO THE WASTE-AS-FUEL RULESMemo
 Description: Combustion devices used in the recovery of sulfur values from spent sulfuric acid are boilers. Sulfur recovery furnaces were inadvertently omitted from the 11/29/85 Federal Register (50 FR 49164).
 
01/09/1986BOILERS USED IN GREENHOUSE OPERATIONS ARE INDUSTRIAL BOILERSMemo
 Description: Boilers used in greenhouse operations are industrial boilers since the energy is used in process of producing a product. Greenhouses are considered more like manufacturing facilities, than non-industrial, commercial or residential facilities.
 
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).
 
01/01/1986HAZARDOUS WASTE FUEL BROKERSQuestion & Answer
 Description: The ownership of a hazardous waste fuel, not the physical possession, is the criterion used in determining if a hazardous waste fuel broker is a “marketer”. A waste broker who owns but never physically possesses a waste must comply with the marketer requirements (SUPERSEDED: See 266 Subpart H, Part 279).
 
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.
 
12/12/1985BURNING AND BLENDING OF HAZARDOUS WASTE AND USED OIL FUELSMemo
 Description: A discussion of the 11/29/85 (50 FR 49164) rule to regulate used oil and hazardous waste fuels to be burned for energy recovery (Part 266, Subpart D and Subpart E) (SUPERSEDED: see Part 279). The EPA plans to regulate BIFs in the future (SEE ALSO: Part 266, Subpart H). Although waste reduction and waste recycling are preferred options to manage the waste disposal problem, this does not justify improper handling.
 
12/01/1985BURNING AND BLENDINGQuestion & Answer
 Description: A mixture of used oil and a commercial chemical product (CCP) (xylene) that is itself a fuel or normal component of commercial fuels is regulated as used oil, not hazardous waste fuel, when it is burned for energy recovery. The generator who burns the used oil is subject to 266, Subpart E (SUPERSEDED: See 279.20 and 279.60).
 
12/01/1985BURNING AND BLENDINGQuestion & Answer
 Description: Section 266 Subpart D hazardous waste burning and blending regulations published in the 11/29/85 Federal Register (50 FR 49164) were promulgated pursuant to HSWA, take effect in all states at same time (SUPERSEDED: see 266 Subpart H).
 
12/01/1985BURNING AND BLENDING AND INTERIM STATUSQuestion & Answer
 Description: A facility that has existing tanks but is not storing hazardous waste on the effective date of the 266 Subpart D regulations may qualify for interim status if it has objective evidence that indicates the intent to begin storage within a reasonable time. The facility needs interim status or a permit to store hazardous waste fuel on-site prior to burning in a cement kiln. To qualify for interim status, a facility must be in existence, the owner or operator must obtain an EPA ID number, and they must submit a Part A application. Fuel is regulated when it is blended.
 
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
 
11/01/1985HAZARDOUS WASTE FUEL MARKETERSQuestion & Answer
 Description: A generator who gives hazardous waste fuel to a burner is a marketer. The absence or presence of a monetary transaction has no bearing on the marketer’s status. A hazardous waste fuel blender/processor who ships waste fuel to a burner is a marketer (SUPERSEDED: See 266 Subpart H).
 
10/11/1985WASTE-DERIVED FUELS BURNED IN CEMENT KILN, REGULATION OFMemo
 Description: Characteristic waste-derived fuels and all waste-derived fuels produced by a person other than the waste generator or burner are exempt (SUPERSEDED: see 50 FR 49164; 11/29/85; see 56 FR 7194; 2/21/91; see 266.100).
 
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.
 
02/01/1985SPENT MATERIAL BURNED FOR ENERGY RECOVERYQuestion & Answer
 Description: Spent materials that are hazardous by characteristic only are exempt from regulation (including management prior to burning) if burned for energy recovery (SUPERSEDED: 266 Subpart H).
 
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).
 
02/28/1984GUIDANCE ON DETERMINING WHEN A HAZARDOUS WASTE IS A LEGITIMATE FUEL THAT MAY BE BURNED FOR ENERGY RECOVERY IN A BOILER OR INDUSTRIAL FURNACEMemo
 Description: Discussion of determination of when hazardous waste (halogenated solvents) are legitimate fuels burned for energy recovery. Fuel must have a substantial heat value (i.e., 5,000-8,000 BTU/lb) and must be burned in a legitimate energy recovery device (SUPERSEDED: see RPC# 11/8/94-01).
 
01/13/1981FOSSIL FUEL COMBUSTION WASTE EXCLUSION IN 261.4(B)(4), FUEL MIXTURESMemo
 Description: Fossil fuels include coal, oil, and natural gas. “Primarily” means fossil fuels constitute 50% of the fuel. Wastes from the burning of coal and hazardous waste are excluded under the Bevill exemption for fossil fuel combustion (FFC) wastes if coal is >50% of the fuel. Boiler cleaning solutions, boiler blowdown, demineralizer regenerant, pyrites, and cooling tower blowdown are exempt if they are co-disposed or co-treated (SUPERSEDED: See 65 FR 32213, 32219; 5/22/2000). Activities that are not directly associated with FFC are not excluded (e.g., plant maintenance or construction). Combustion wastes that are specifically listed are not excluded. Boiler blowdown, boiler cleaning solutions, demineralizer regenerant, pyrites, cooling tower blowdown (hereinafter “other wastes”) disposed of or treated separately from FFC wastes or mixed with only small amounts of FFC waste are not exempt (SEE ALSO: 56 FR 7134; 2/21/91, 58 FR 42468; 8/9/93).
 
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