Current through Register Vol. 48, No. 9, September 27, 2024
(a)
Applicability. The regulations in this section apply to owners and operators of
boilers and industrial furnaces subject to 266.102 or 266.103 if hazardous
waste is directly transferred from a transport vehicle to a boiler or
industrial furnace without the use of a storage unit.
(b) Definitions.
(1) When used in this section, the following
terms have the meanings given below:
Direct transfer equipment means any device (including but
not limited to, such devices as piping, fittings, flanges, valves, and pumps)
that is used to distribute, meter, or control the flow of hazardous waste
between a container (i.e., transport vehicle) and a boiler or industrial
furnace.
Container means any portable device in which hazardous
waste is transported, stored, treated, or otherwise handled, and includes
transport vehicles that are containers themselves (e.g., tank trucks,
tanker-trailers, and rail tank cars), and containers placed on or in a
transport vehicle.
(2) This
section references several requirements provided in subparts I and J of parts
264 and 265. For purposes of this section, the term "tank systems" in those
referenced requirements means direct transfer equipment as defined in paragraph
(b)(1) of this section.
(c) General operating requirements.
(1) No direct transfer of a pumpable
hazardous waste shall be conducted from an open-top container to a boiler or
industrial furnace.
(2) Direct
transfer equipment used for pumpable hazardous waste shall always be closed,
except when necessary to add or remove the waste, and shall not be opened,
handled, or stored in a manner that may cause any rupture or leak.
(3) The direct transfer of hazardous waste to
a boiler or industrial furnace shall be conducted so that it does not:
(i) Generate extreme heat or pressure, fire,
explosion, or violent reaction;
(ii) Produce uncontrolled toxic mists, fumes,
dusts, or gases in sufficient quantities to threaten human health;
(iii) Produce uncontrolled flammable fumes or
gases in sufficient quantities to pose a risk of fire or explosions;
(iv) Damage the structural integrity of the
container or direct transfer equipment containing the waste;
(v) Adversely affect the capability of the
boiler or industrial furnace to meet the standards provided by 266.104 through
266.107; or
(vi) Threaten human
health or the environment.
(4) Hazardous waste shall not be placed in
direct transfer equipment, if it could cause the equipment or its secondary
containment system to rupture, leak, corrode, or otherwise fail.
(5) The owner or operator of the facility
shall use appropriate controls and practices to prevent spills and overflows
from the direct transfer equipment or its secondary containment systems. These
include at a minimum:
(i) Spill prevention
controls (e.g., check valves, dry discount couplings); and
(ii) Automatic waste feed cutoff to use if a
leak or spill occurs from the direct transfer equipment.
(d) Areas where direct transfer
vehicles (containers) are located. Applying the definition of container under
this section, owners and operators must comply with the following requirements:
(1) The containment requirements of 264.175
of this chapter;
(2) The use and
management requirements of subpart I, part 265 of this chapter, except for
265.170 and 265.174, and except that in lieu of the special requirements of
265.176 for ignitable or reactive waste, the owner or operator may comply with
the requirements for the maintenance of protective distances between the waste
management area and any public ways, streets, alleys, or an adjacent property
line that can be built upon as required in Tables 2-1 through 2-6 of the
National Fire Protection Association's (NFPA) "Flammable and Combustible
Liquids Code," (1977 or 1981), (incorporated by reference, see 260.11). The
owner or operator must obtain and keep on file at the facility a written
certification by the local Fire Marshall that the installation meets the
subject NFPA codes; and
(3) The
closure requirements of 264.178 of this chapter.
(e) Direct transfer equipment. Direct
transfer equipment must meet the following requirements:
(1) Secondary containment. Owners and
operators shall comply with the secondary containment requirements of 265.193
of this chapter, except for paragraphs 265.193 (a), (d), (e), and (i) as
follows:
(i) For all new direct transfer
equipment, prior to their being put into service; and
(ii) For existing direct transfer equipment
within 2 years after August 21, 1991.
(2) Requirements prior to meeting secondary
containment requirements.
(i) For existing
direct transfer equipment that does not have secondary containment, the owner
or operator shall determine whether the equipment is leaking or is unfit for
use. The owner or operator shall obtain and keep on file at the facility a
written assessment reviewed and certified by a qualified, registered
professional engineer in accordance with 270.11(d) of this chapter that attests
to the equipment's integrity by August 21, 1992.
(ii) This assessment shall determine whether
the direct transfer equipment is adequately designed and has sufficient
structural strength and compatibility with the waste(s) to be transferred to
ensure that it will not collapse, rupture, or fail. At a minimum, this
assessment shall consider the following:
(A)
Design standard(s), if available, according to which the direct transfer
equipment was constructed;
(B)
Hazardous characteristics of the waste(s) that have been or will be
handled;
(C) Existing corrosion
protection measures;
(D) Documented
age of the equipment, if available, (otherwise, an estimate of the age);
and
(E) Results of a leak test or
other integrity examination such that the effects of temperature variations,
vapor pockets, cracks, leaks, corrosion, and erosion are accounted
for.
(iii) If, as a
result of the assessment specified above, the direct transfer equipment is
found to be leaking or unfit for use, the owner or operator shall comply with
the requirements of 265.196 (a) and (b) of this chapter.
(3) Inspections and recordkeeping.
(i) The owner or operator must inspect at
least once each operating hour when hazardous waste is being transferred from
the transport vehicle (container) to the boiler or industrial furnace:
(A) Overfill/spill control equipment (e.g.,
waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that
it is in good working order;
(B)
The aboveground portions of the direct transfer equipment to detect corrosion,
erosion, or releases of waste (e.g., wet spots, dead vegetation); and
(C) Data gathered from monitoring equipment
and leak-detection equipment, (e.g., pressure and temperature gauges) to ensure
that the direct transfer equipment is being operated according to its
design.
(ii) The owner
or operator must inspect cathodic protection systems, if used, to ensure that
they are functioning properly according to the schedule provided by 265.195(b)
of this chapter:
(iii) Records of
inspections made under this paragraph shall be maintained in the operating
record at the facility, and available for inspection for at least 3 years from
the date of the inspection.
(4) Design and installation of new ancillary
equipment. Owners and operators must comply with the requirements of 265.192 of
this chapter.
(5) Response to leaks
or spills. Owners and operators must comply with the requirements of 265.196 of
this chapter.
(6) Closure. Owners
and operators must comply with the requirements of 265.197 of this chapter,
except for 265.197 (c)(2) through (c)(4).