Gossman Consulting, Inc.
March 1994

Regulatory Issues of Concern

David Gossman

This month's issue consists of a series of smaller articles focusing on technical/regulatory issues of concern.

New ASTM Standard

ASTM committee D-34 has a new, fully approved standard D5468-93 "Test Method for Gross Calorific and Ash Value of Waste Materials." Since this method is in fact what most waste fuel burning and blending facilities are using, consideration should be given to adding this reference to Interim Status and Part B Permit Application Waste Analysis Plans. A copy can be obtained (for a nominal fee) from ASTM-1916 Race Street, Philadelphia, PA 19103-1187. The telephone Number is (215)299-5400.

MSHA Policy Letter on Testing Grounding Systems

Make certain that your annual facility inspection includes the measurement and recording of continuity and resistance for tank and truck grounding systems in accordance with 30 CFR Part 56/57, 12028. MSHA has just released a policy letter that can reduce, but not eliminate, testing requirements for certain portions of fixed grounding systems. Please note, however, that the grounding systems used for HWF tankers are most certainly not fixed systems and require a full compliment of testing each year. A copy of the policy statement is available from our office upon request.

D009 (Mercury) Waste Alert

Facilities receiving D009 waste or waste which has been tested and shown to contain mercury are cautioned not to accept waste with 260 ppm total Hg or waste which has been blended from such Hg bearing wastes. RCRA 40 CFR Part 268 land ban standards do not allow D009 wastes with 260 ppm total Hg to be used as HWF. In addition, any waste with 260 ppm total Hg should be assumed to be D009 whether or not the generator has provided that indication. Burners may also wish to require that blenders certify that no wastes containing 260 ppm total Hg have been blended into their HWF to further limit liabilities. We have noted a number of situations where HWF burners have inadvertently used values of >260 ppm Hg on their Precompliance Certifications because the Tier I BIF standards allow it. This does not relieve a facility from Part 268 standards.

Subpart BB Requirements - Instrument Calibration

Facilities are cautioned that calibration requirements for instruments being used for Subpart BB inspections are quite specific. 40 CFR 264 and 265.1063(b) (4)(ii) requires "A mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane." Most commercial instruments require special attachments to measure concentrations that high and calibration gases provided with the units are generally 100-200 ppm. Although it may seem logical to utilize both a lower maximum standard and a lower threshold for determining that a leak exists, it is not in strict compliance with the regulations. Given EPA's propensity to look for anything that can be turned into a fine/enforcement action, any variance from this regulation should probably be done only with written authorization from a regional director's office.

Available Reports

Gossman Consulting, Inc. announces BIF related industry reports are available by calling (847)683-4188.

Commercial Incinerator Trial Burn Report $1,500
EPA 1993 BIF Inspector Workshop Review $800
Commercial BIF Compliance Test Results-1992 $2,500