Gossman Consulting, Inc.
November 1992


by David L. Constans

All facilities that fall under the Boiler and Industrial Furnace regulation, 40CFR266, must comply with the interim status standards of 40CFR265. An audit of a BIF facility would include all of the familiar provisions of Part 265 as well as 266. To outline a comprehensive audit is beyond the scope of this newsletter. However, we can point out the most likely trouble areas, and the easily forgotten items.


Security - The security requirements in 265.14 must be met for the newly BIF regulated areas of the facility.

Contingency Plan - The plan must include the kiln burner floor as well. However, you would be wise not to include in the list of emergency equipment fire extinguishers or other equipment that is not located within the immediate hazardous waste handling areas. Technically, you could be out of compliance if items on this list were out of service during operation of the hazardous waste handling system(s). (See 265.52(e) and 265.56(h)) When compiling this list of emergency equipment items, be sure to include "a brief outline of its capabilities."

Manifest System - We recommend that the signing of the manifests be restricted to 1 or 2 well trained people. A facility was given a citation for accepting a shipment where the generator had failed to use the "TT" designation for the container des-cription, even though it was obviously a tank truck with 5600 gallons in it. We also suggest a written procedure be followed to resolve manifest discrepancies.

Waste Analysis Plan - The WAP has the greatest long-term impact on facility operations. A WAP that does not ultimately address the concerns of the public will be a source of endless controversy. Conversely, a WAP can be written that is not technically achievable at a reasonable expense. This area should receive a great deal of scrutiny.

A description of the label that should be on samples of hazardous waste is found in Part 261.4(d)(1) and (2). Proper labeling is required for these samples to be exempt from the storage and management practices of Parts 265 and 266 (as well as other specific regulations).

Closure Plan - The closure plan must include the closure of the HWF feed system to the kiln and a decontamination plan for the kiln. Closure costs must be updated yearly, so be sure the plan is regularly updated.

Financial Requirements - Check to be sure that the instrument used to establish financial assurance for the closure of the facility is up to date, that it is for the correct amount and has not expired. Make sure a copy of this document is readily available for the inspector when he comes on site, not tucked away in your accountant's files.

Training requirements - The training requirements in RCRA extend to the kiln operators, kiln operations supervisor and certain maintenance employees. You must have a list of these job titles, employees in each job and a written job description for each job. This job description must include the "requisite skill education or other qualifications" required by this job. 40CFR 265.16(d)(2) Generally, for the operators and maintenance people, this is well documented. However, be sure that you have information for your supervisors and other management personnel.

"On-the-job-training" will fulfill many of these training requirements. Frequently, however, this on-the-job-training is not adequately documented.

Subpart BB-(265.1050 and up) Air Emission Standards for Equipment Leaks. Many state air permits address VOC emissions for HWF receipt/storage facilities.

The most common errors, when extended to include the BIF units, are:

1. The lines to the kiln and the control station at the burner floor are not located on a facility plot plan. (265.1064(b)(1)(ii))

2. The pieces of equipment subject to Subpart BB requirements are not marked in such a manner as to be readily distinguished from other pieces of equipment. This is especially the case where air or nitrogen lines are connected. (265.1050(c))

3. If you are using the State Air Permit leak testing documentation to document Subpart BB inspection requirements, be careful to note which items are not covered by Subpart BB. These items may not have to meet the stringent recordkeeping requirements found in 265.1064. Check your state air permit. Conversely, be sure you have included all of the Subpart BB equipment.

As an added note, Method 21 (40CFR60 Appendix A) allows an "alternate method" using a soap solution to detect leaks. Read this section carefully. It may save you time during inspections, especially on windy days.


This HWF Notes assumes that a Certification of Compliance test report has been submitted and that the kiln is being operated within the limits determined during the test.

The Technical Implementation Document (TID) for EPA's BIF Regulation contains a chapter (6) on Post-Compliance Activities. It is well worth your time to read this chapter. This chapter details specific Part 266 requirements for waste analysis, CEM and AWFCS inspection and maintenance and general recordkeeping. There are a few items that require additional emphasis:

1. The received waste must be tracked through the facility. The "date(s) on which the wastes were burned or otherwise disposed" must be recorded (TID 6.3). Most facilities can do this but it would be a convoluted path. You may want to modify your forms to make this task easier.

2. Your records must document compliance with the provisions of 266.112, Regulation of Residues. A Region VI facility was recently fined ~$300,000 for operating an illegal landfill because their CKD sampling program was inadequate. Take a hard look at your recordkeeping system and sampling/analysis plan in this area.

3. Although not stated in chapter 6, the technicians that inspect, calibrate and maintain the CEMs and the AWFCS must have documented training that includes:

a. Procedures for use, inspection, repair and replacement of monitoring equipment.

b. A description of the key parameters of the AWFCS (See 265.16(a)(3)).

4. The daily inspection of the facility must include an inspection of the kiln hood and kiln to ensure it complies with 266.103(h). That is the control of fugitive emissions from the combustion zone. Is the kiln maintained at a negative pressure? How is this documented?

5. TID 6.2.2 specifies the procedure to test the AWFCS valve every seven days. If an "electronic loop test" is used to test the components of the system be sure that there are security measures to ensure that the operation of the cut-off valve is not "defeated" with a switch or jumper after the test has been completed.

Also, any by-pass valve around the AWFCS valve or the HWF flow meter should be locked and a written procedure in the Operating Record detailing it's operation.

6. There must be documentation that the metal and chlorine feed rate limits established in the Certification of Compliance test have not been exceeded. Generally, this is a calculation demonstrating that the metals and chlorine in each batch of waste burned, plus the metals and chlorine in the raw kiln feed and primary fuel, did not exceed the feed rate limits. This requires that these materials "must be routinely analyzed (as often as necessary)".

There is no clear definition for the frequency of this analysis, so you must be able to defend your method. "Sufficient information must be available to calculate feed rates and demonstrate compliance on an hourly rolling average basis..." for non-carcinogenic metals and chlorine with a longer period allowed for lead and the carcinogenic metals.(TID 6.3) Do not confuse this requirement with the waste receipt analysis. Each is required for a different reason, see 266.103 and 265.13.

About the author:

David L. Constans joined GCI in July of 1992 as Engineering Consultant.