shall inform the state in writing of the information. (c) If, within 45 days of the state's receipt of the information in paragraph (b) of this section, the state demonstrates to the satisfaction of the Regional Administrator that the state program is adequate (i.e., in compliance with this part), the Regional Administrator shall take no further action toward withdrawal of the determination of adequacy and shall so notify the state and any person(s) who submitted information regarding the adequacy of the state's program and authorities. (d) If the State Director does not demonstrate the state's compliance with this part to the satisfaction of the Regional Administrator, the Regional Administrator shall list the deficiencies in the program and negotiate with the state a reasonable time for the state to complete such action to correct deficiencies as the Regional Administrator determines necessary. If these negotiations reach an impasse, the Regional Administrator shall establish a time period within which the state must correct any program deficiencies and inform the State Director of the time period in writing. (e) Within the schedule negotiated by the Regional Administrator and the State Director, or set by the Regional Administrator, the state shall take appropriate action to correct deficiencies and shall file with the Regional Administrator a statement certified by the State Director describing the steps taken to correct the deficiencies. (f) If the state takes appropriate action to correct deficiencies, the Regional Administrator shall take no further action toward withdrawal of determination of adequacy and shall so notify the state and any person(s) who submitted information regarding the adequacy of the state's permit program. If the state has not demonstrated its compliance with this part to the satisfaction of the Regional Administrator, the Regional Administrator shall inform the State Director and may initiate withdrawal of all or part of the determination of state program adequacy. (g) The Regional Administrator shall initiate withdrawal of determination of adequacy by publishing the tentative withdrawal of determination of adequacy of the state program in the FEDERAL REGISTER. Notice of the tentative determination must: (1) Afford the public at least 60 days after the notice to comment on the Regional Administrator's tentative determination; (2) Include a specific statement of the Regional Administrator's areas of concern and reason to believe the state program may no longer be adequate; and (3) Indicate that a public hearing will be held by EPA if sufficient public interest is expressed during the comment period or when the Regional Administrator determines that such a hearing might clarify issues involved in the tentative withdrawal determination. (h) If the Regional Administrator finds, after the public hearing (if any) and review and consideration of all public comments, that the state is in compliance with this part, the withdrawal proceedings shall be terminated and the decision shall be published in the FEDERAL REGISTER. The document must include a statement of the reasons for this determination and a response to significant comments received. If the Regional Administrator finds that the state program is not in compliance with this Part by the date prescribed by the Regional Administrator or any extension approved by the Regional Administrator, a final notice of inadequacy shall be published in the FEDERAL REGISTER declaring the state permit program inadequate to ensure compliance with the relevant Subtitle D federal revised criteria. The document will include a statement of the reasons for this determination and response to significant comments received. (i) States may seek a determination of adequacy at any time after a determination of inadequacy. [63 FR 57040, Oct. 23, 1999, as amended at 64 FR 4315, Jan. 28, 1999] AUTHORITY: Sec. 209(a), Solid Waste Disposal Act of 1965 (Pub. L. 89–272); as amended by the Resource Recovery Act of 1970 (Pub. L. 91-512). SOURCE: 39 FR 29329, Aug. 14, 1974, unless otherwise noted. Subpart A-General Provisions $240.100 Scope. (a) The prescribed guidelines are applicable to thermal processing facilities designed to process or which are processing 50 tons or more per day of municipal-type solid wastes. The application of this capacity criterion will be interpreted to mean any facility designed to process or actually processing 50/24 tons or more per hour. However, the guidelines do not apply to hazardous, agricultural, and mining wastes because of the lack of sufficient information upon which to base recommended procedures. (b) The requirement sections contained herein delineate minimum levels of performance required of any solid waste thermal processing operation. The recommended procedures sections are presented to suggest preferred methods by which the objectives of the requirements can be realized. The recommended procedures are based on the practice of incineration at large facilities (50 tons per day or more) processing municipal solid waste. If techniques other than the recommended procedures are used or wastes other than municipal wastes are processed, it is the obligation of the facility's owner and operator to demonstrate to the responsible agency in advance by means of engineering calculations, pilot plant data, etc., that the techniques employed will satisfy the requirements. (c) Thermal processing residue must be disposed of in an environmentally acceptable manner. Where a land disposal facility is employed, it must be in accordance with the Environmental Protection Agency's Guidelines for the Land Disposal of Solid Wastes for both residues from the thermal processing operation and those non-hazardous wastes which cannot be thermally processed for reasons of health, safety, or technological limitation. (d) Pursuant to section 211 of the Solid Waste Disposal Act, as amended, these guidelines are mandatory for Federal agencies. In addition, they are recommended to State, interstate, regional, and local government agencies for use in their activities. (e) The guidelines are intended to apply equally to all solid waste generated by Federal agencies, regardless of whether processed or disposed of on or off Federal property; and solid waste generated by non-Federal entities, but processed or disposed of on Federal property. However, in the case of many Federal facilities such as Post Offices, military recruiting stations, and other offices, local community solid waste processing and disposal facilities are utilized, and processing and disposal is not within the management control of the Federal agency. Thus, implementation of the guidelines can be expected only in those situations where the Federal agency is able to exercise direct management control over the processing and disposal operations. However, every effort must be made by the responsible agency, where offsite facilities are utilized, to attain processing and disposal facilities that are in compliance with the guidelines. Where nonFederal generated solid waste is processed and disposed of on Federal land and/or facilities, those facilities and/or sites must be in compliance with these guidelines. Determination of compliance to meet the requirements of the guidelines rests with the responsible agency, and they have the authority to determine how such compliance may occur. $240.101 Definitions. As used in these guidelines: (a) Air: Overfire air means air, under control as to quantity and direction, introduced above or beyond a fuel bed by induced or forced draft. "Underfire air" means any forced or induced air, under control as to quantity and direction, that is supplied from beneath and which passes through the solid wastes fuel bed. (b) Bottom ash means the solid material that remains on a hearth or falls off the grate after thermal processing is complete. (c) Combustibles means materials that can be ignited at a specific temperature in the presence of air to release heat energy. (d) Design capacity means the weight of solid waste of a specified gross calorific value that a thermal processing facility is designed to process in 24 hours of continuous operation; usually expressed in tons per day. (e) Discharge means water-borne pollutants released to a receiving stream directly or indirectly or to a sewerage system. (f) Emission means gas-borne pollutants released to the atmosphere. (g) Facility means all thermal processing equipment, buildings, and grounds at a specific site. (h) Fly ash means suspended particles, charred paper, dust, soot, and other partially oxidized matter carried in the products of combustion. (i) Free moisture means liquid that will drain freely by gravity from solid materials. (j) Furnace means the chambers of the combustion train where drying, ignition, and combustion of waste material and evolved gases occur. (k) Grate siftings means the materials that fall from the solid waste fuel bed through the grate openings. (1) Gross calorific value means heat liberated when waste is burned completely and the products of combustion are cooled to the initial temperature of the waste. Usually expressed in British thermal units per pound. (m) Hazardous waste means any waste or combination of wastes which pose a substantial present or potential hazard to human health or living organisms because such wastes are nondegradable or persistent in nature or because they can be biologically magnified, or because they can be lethal, or because they may otherwise cause or tend to cause detrimental cumulative effects. (n) Incineration means the controlled process which combustible solid, liquid, or gaseous wastes are burned and changed into noncombustible gases. (0) Incinerator means a facility consisting of one or more furnaces in which wastes are burned. (p) Infectious waste means: (1) Equipment, instruments, utensils, and fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated as required by public health agencies; (2) laboratory wastes such as pathological specimens (e.g., all tissues, specimens of blood elements, excreta, and secretions obtained from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto; (3) surgical operating room pathologic specimens and disposable fomites attendant thereto and similar disposable materials from outpatient areas and emergency rooms. (q) Municipal solid wastes means normally, residential and commercial solid wastes generated within a community. (r) Open burning means burning of solid wastes in the open, such as in an open dump. (s) Open dump means a land disposal site at which solid wastes are disposed of in a manner that does not protect the environment, are susceptible to open burning, and are exposed to the elements, vectors, and scavengers. (t) Plans means reports and drawings, including a narrative operating description, prepared to describe the facility and its proposed operation. (u) Residue means all the solids that remain after completion of thermal processing, including bottom ash, fly ash, and grate siftings. (v) Responsible agency means the organizational element that has the legal duty to ensure that owners, operators, or users of facilities comply with these guidelines. (w) Sanitary landfill means a land disposal site employing an engineered method of disposing of solid wastes on land in a manner that minimizes environmental hazards by spreading the solid wastes in thin layers, compacting the solid wastes to the smallest practical volume, and applying and compacting cover material at the end of each operating day. (x) Sludge means the accumulated semiliquid suspension of settled solids deposited from wastewaters or other fluids in tanks or basins. It does not inIclude solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows or other common water pollutants. (y) Solid wastes means garbage, refuse, sludges, and other discarded solid materials resulting from industrial and commercial operations and from community activities. It does not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows or other common water pollutants. (z) Special wastes means nonhazardous solid wastes requiring handling other than that normally used for municipal solid waste. (aa) Thermal processing means processing of waste material by means of heat. (bb) Vector means a carrier, usually an arthropod, that is capable of transmitting a pathogen from one organism to another. processed within the design capability of the facility or after appropriate facility modifications. $240.200-2 Recommended procedures: Design. (a) In addition to the residential and commercial wastes normally processed at municipal-scale incinerators, certain special wastes might be considered for processing. These include: Certain bulky wastes (e.g., combustible demolition and construction debris, tree stumps, large timbers, furniture, and major appliances), digested and dewatered sludges from waste water treatment facilities, raw sewage sludges, and septic tank pumpings. (b) If the facility is designed to handle special wastes, special areas should be provided where appropriate for storage while they await processing. $240.200-3 Recommended procedures: Operations. (a) Storage areas for special wastes should be clearly marked. (b) Facility personnel should be thoroughly trained in any unusual handling required by acceptance of Special Wastes. $240.201 Solid wastes excluded. $240.201-1 Requirement. Using information provided to them by the waste generator/owner, the responsible agency and the facility owner/operator shall jointly determine specific wastes to be excluded and shall identify them in the plans. The generator/owner of excluded wastes shall consult with the responsible agency in determining an alternative method of disposal for excluded wastes. The criteria used in considering whether a waste is unacceptable shall include the facility's capabilities, alternative methods available, the chemical and biological characteristics of the waste, environmental and health effects, and the safety of personnel. Disposal of pesticides and pesticide containers shall be consistent with the Federal Environmental Pesticides Control Act of 1972 (Pub. L. 92-516) and recommended procedures promulgated thereunder. § 240.201-2 Recommended procedures: Design. (a) Provision for storing, handling, and removing hazardous or excluded wastes inadvertently left at the facility should be considered in design. (b) Examples of wastes which should be considered for exclusion from the facility include: Hazardous wastes, very large carcasses, automobile bodies, dewatered sludges from water treatment plants, and industrial process wastes. § 240.201-3 Recommended procedures: Operations. of the facility (a) Regular users should be given a list of excluded materials. The list should also be displayed prominently at the facility entrance. If a regular user persists in making unacceptable deliveries, he should be barred from the installation and reported to the responsible agency. (b) The operating plan should specify the procedures and precautions to be taken if unacceptable wastes are delivered to the facility or are improperly left there. Operating personnel should be thoroughly trained in such procedures. $240.202 Site selection. § 240.202-1 Requirement. Site selection and utilization shall be consistent with public health and welfare, and air and water quality standards and adaptable to appropriate landuse plans. § 240.202-2 Recommended procedures: Design. (a) Whenever possible, thermal processing facilities should be located in areas zoned for industrial use and having adequate utilities to serve the facility. (b) The site should be accessible by permanent roads leading from the public road system. (c) Environmental factors, climatological conditions, and socioeconomic factors should be given full consideration as selection criteria. § 240.202-3 Recommended procedures: Operations. Not applicable. |