ated by such impoundments are not included;

(d) "Headwaters" means the point on the stream above which the flow is normally less than 5 cubic feet per second; provided, however, the volume of flow, point and nonpoint source discharge characteristics of the watershed, and other factors that may impact on the water quality of waters of the United States will be considered in determining this upstream limit; and

(e) "Primary tributaries" means the main stems of tributaries directly connecting to navigable waters of the United States up to their headwaters and does not include any additional tributaries extending off of the main stems of these tributaries.

(3) "Ocean waters". The term "ocean waters," as defined in the Marine Protection, Research, and Sanctuaries Act of 1972 (Pub. L. 92-532) (86 Stat. 1052), means those waters of the open seas lying seaward of the base line from which the territorial sea is measured as provided for in the Convention on the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639).

(4) "Dredged material". The term "dredged material" means material that is excavated or dredged from navigable waters. The term does not include material resulting from normal farming, silviculture, and ranching activities, such as plowing, cultivating, seeding, and harvesting, for production of food, fiber, and forest products.

(5) "Discharge of dredged material". The term "discharge of dredged material" means any addition of dredged material, in excess of one cubic yard when used in a single or incidental operation, into navigable waters. The term includes, without limitation, the addition of dredged material to a specified disposal site located in navigable waters and the runoff or overflow from a contained land or water disposal area. Discharges of pollutants into navigable waters resulting from the onshore subsequent processing of dredged material that is extracted for any commercial use (other than fill) are not included within this term and are subject to section 402 of the Federal Water Pollution Control Act even though the extraction of

such material may require a permit from the Corps of Engineers under section 10 of the River and Harbor Act of 1899.

(6) "Fill material". The term "fill material" means any pollutant used to create fill in the traditional sense of replacing an aquatic area with dry land or of changing the bottom elevation of a water body for any purpose. "Fill material" does not include the following:

(i) Material resulting from normal farming, silviculture, and ranching activities, such as plowing, cultivating, seeding, and harvesting, for the production of food, fiber, and forest products;

(ii) Material placed for the purpose of maintenance, including emergency reconstruction of recently damaged parts of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, and bridge abutments or approaches, and transportation structures;

(iii) Additions to these categories of activities that are not "fill" will be considered periodically and these regulations amended accordingly.

(7) "Discharge of fill material." The term "discharge of fill material" means the addition of fill material into navigable waters for the purpose of creating fastlands, elevations of land beneath navigable waters, or for impoundments of water. The term generally includes, without limitation, the following activities in a navigable water: placement of fill that is necessary to the construction of any structure; the building of any structure or impoundment requiring rock, sand, dirt, or other pollutants for its construction; site-development fills for recreational, industrial, commercial, residential, and other uses; causeways or road fills; dams and dikes; artificial islands, property protection and/or reclamation devices such as riprap, groins, seawalls, breakwalls, and bulkheads and fills; beach nourishment; levees; sanitary landfills; fill for structures such as sewage treatment facilities, intake and outfall pipes associated with power plants, and subaqueous utility lines; and artificial reefs.

Sec. 240.208-1 Requirement. 240.208-2 Recommended procedures:

Design. 240.208-3 Recommended procedures: Oper.

ations. 240.209 Safety. 240.209-1 Requirement. 240.209-2 Recommended procedures:

Design. 240.209-3 Recommended procedures: Oper

ations. 240.210 General operations. 240.210-1 Requirernent. 240.210-2 Recommended procedures:

Design. 240.210-3 Recommended procedures: Oper

ations. 240.211 Records. 240.211-1 Requirement. 240.211-2 Recommended procedures:

Design. 240.211-3 Recommended procedures: Oper

ations. Appendix-Recommended Bibliography.

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

Subpart L_Requiromonts and Recommended

Procedures 240.200 Solid wastes accepted. 240.200-1 Requirement. 240.200-2 Recommended procedures:

Design. 240.200-3 Recommended procedures: Oper

ations. 240.201 Solid wastes excluded. 240.201-1 Requirement. 240.201-2 Recommended procedures:

Design. 240.201-3 Recommended procedures: Oper

ations. 240.202 Site selection. 240.202-1 Requirement. 240.202-2 Recommended procedures:

Design. 240.202-3 Recommended procedures: Oper.

ations. 240.203 General design. 240.203-1 Requirement. 240.203-2 Recommended procedures:

Design. 240.203-3 Recommended procedures: Oper

ations. 240.204 Water quality. 240.204-1 Requirement. 240.204-2 Recommended procedures:

Design. 240.204-3 Recommended procedures: Oper

ations. 240.205 Air quality. 240.205-1 Requirement. 240.205-2 Recommended procedures:

Design. 240.205-3 Recommended procedures: Oper

ations. 240.206 Vectors. 240.206-1 Requirement. 240.206-2 Recommended procedures:

Design. 240.206-3 Recommended procedures: Oper

ations. 240.207 Aesthetics. 240.207-1 Requirement. 240.207-2 Recommended procedures:

Design. 240.207-3 Recommended procedures: Oper

8 240.100 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 realthe guidelines. Where non-Federal 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.

ized. 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 mear.! 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

8 240.101 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 quan. tity 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 envi. ronmental 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 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.

(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 n:aterials in irrigation return flows or other common water pollutants.

(z) "Special wastes” means nonhazardous solid wastes requiring han. § 240.201 Solid wastes excluded.

dling 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.

Subpart B-Requirements and

Recommended Procedures

§ 240.200 Solid wastes accepted.

$ 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 responsi. ble 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. 92516) and recommended procedures promulgated thereunder.

$ 240.200-1 Requirement.

In consultation with the res nsible agencies, the owner/operator shall determine what wastes shall be accepted and shall identify any special handling required. In general, only wastes for which the facility has been specifically designed shall be accepted; however, other wastes may be accepted if it has been demonstrated to the responsible agency that they can be satisfactorily 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.

$ 240.201-2 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: Op

erations. (a) Regular users of the facility 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 speci. fy the procedures and precautions to be taken if unacceptable wastes are delivered to the facility or are improperly left there. Operating personnel

$ 240.200-3 Recommended procedures: Op

erations. (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.