C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER I—SOLID WASTES › PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart O—Incinerators

40 C.F.R. § 264.343

Performance standards

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An incinerator burning hazardous waste must be designed, constructed, and maintained so that, when operated in accordance with operating requirements specified under § 264.345, it will meet the following performance standards:

(a)(1) Except as provided in paragraph (a)(2) of this section, an incinerator burning hazardous waste must achieve a destruction and removal efficiency (DRE) of 99.99% for each principal organic hazardous constituent (POHC) designated (under § 264.342) in its permit for each waste feed. DRE is determined for each POHC from the following equation:

where: Win = mass feed rate of one principal organic hazardous constituent (POHC) in the waste stream feeding the incinerator and Wout = mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere.

(2) An incinerator burning hazardous wastes FO20, FO21, FO22, FO23, FO26, or FO27 must achieve a destruction and removal efficiency (DRE) of 99.9999% for each principal organic hazardous constituent (POHC) designated (under § 264.342) in its permit. This performance must be demonstrated on POHCs that are more difficult to incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each POHC from the equation in § 264.343(a)(1).

(b) An incinerator burning hazardous waste and producing stack emissions of more than 1.8 kilograms per hour (4 pounds per hour) of hydrogen chloride (HCl) must control HCl emissions such that the rate of emission is no greater than the larger of either 1.8 kilograms per hour or 1% of the HCl in the stack gas prior to entering any pollution control equipment.

(c) An incinerator burning hazardous waste must not emit particulate matter in excess of 180 milligrams per dry standard cubic meter (0.08 grains per dry standard cubic foot) when corrected for the amount of oxygen in the stack gas according to the formula:

Where Pc is the corrected concentration of particulate matter, Pm is the measured concentration of particulate matter, and Y is the measured concentration of oxygen in the stack gas, using the Orsat method for oxygen analysis of dry flue gas, presented in part 60, appendix A (Method 3), of this chapter. This correction procedure is to be used by all hazardous waste incinerators except those operating under conditions of oxygen enrichment. For these facilities, the Regional Administrator will select an appropriate correction procedure, to be specified in the facility permit.

(d) For purposes of permit enforcement, compliance with the operating requirements specified in the permit (under § 264.345) will be regarded as compliance with this section. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the performance requirements of this section may be “information” justifying modification, revocation, or reissuance of a permit under § 270.41 of this chapter.

[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 FR 14295, Apr. 1, 1983; 50 FR 2005, Jan. 14, 1985; 71 FR 16906, Apr. 4, 2006]
Notes of Decisions
Cited in 7 cases, 1992–1998 · leading case: United States v. Vertac Chem. Corp., 33 F. Supp. 2d 769 (E.D. Ark. 1998).
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United States v. Vertac Chem. Corp., 33 F. Supp. 2d 769 (E.D. Ark. 1998). “40 C.F.R. § 264.343 . The plaintiffs sought injunctive relief to stop the incineration and to require EPA and ADPC & E to prepare a RI/FS to determine treatment and disposal options other than incineration for the hazardous wastes stored at the site.”
Costner v. URS Consultants, Inc., 153 F.3d 667 (8th Cir. 1998). “; 40 C.F.R. § 264.343 (a)(2). We stayed the preliminary injunction pending appeal.”
Arkansas Peace Ctr. v. Arkansas Dep't of Pollution Control & Ecology, 999 F.2d 1212 (8th Cir. 1993). · cites it 7× “Of significance to this case is EPA regulation 40 C.F.R. § 264.343 (a)(2) (1992), which requires that an incinerator burning certain hazardous wastes (including dioxin) achieve a destruction and removal efficiency (DRE) of 99.”
Arkansas Peace Ctr. Env't Health Ass'n of Arkansas Jacksonville Mothers' & Child.'s Def. Fund Vietnam Vets. of Am., Arkansas State Chapter Mothers Air Watch v. Arkansas Dep't of Pollution Control & Ecology, Randall Mathis, Dir. United States Env't Prot. Agency, Carol Browner, Adm'r Vertac Site Contractors Arkansas Attorney Gen., Arkansas Peace Ctr. Env't Health Ass'n of Arkansas Jacksonville Mothers' & Child.'s Def. Fund Vietnam Vets. of Am., Arkansas State Chapter Mothers Air Watch v. Arkansas Dep't of Pollution Control & Ecology, Randall Mathis, Dir. United States Env't Prot. Agency, Carol Browner, Adm'r Vertac Site Contractors Arkansas Attorney Gen., Arkansas Peace Ctr. Env't Health Ass'n of Arkansas Jacksonville Mothers' & Child.'s Def. Fund Vietnam Vets. of Am., Arkansas State Chapter Mothers Air Watch v. Arkansas Dep't of Pollution Control & Ecology, Randall Mathis, Dir. United States Env't Prot. Agency, Carol Browner, Adm'r Vertac Site Contractors Arkansas Attorney Gen., 999 F.2d 1212 (8th Cir. 1993). “9999% DRE on dioxin itself as is required by 40 C.F.R. 264.343." Id. at 11. 14 After oral arguments on March 17, 1993, we entered a temporary stay of the preliminary injunction and requested further briefing on whether to continue the stay pending appeal of the preliminary…”
Arkansas Peace Ctr. v. Arkansas Dep't of Pollution Control & Ecology, 992 F.2d 145 (8th Cir. 1993). “On January 5, 1993, the district court ordered the parties to submit briefs on the issue of the incinerator performance regulation, 40 C.F.R. § 264.343 (a), and held a hearing on February 12, 1993.”
Fort Barton Indus., Inc. v. Annarumo, 90-5344 (1992) (Sup. Ct. R.I. 1992). · cites it 2× “01 B of the Rules and Regulations provides as follows: "The owner or operator of incinerator facilities must design, operate and maintain them so that when operating they will achieve the destruction and removal efficiency and performance identified in 40 CFR 264.343, as is or…”
Greenpeace, Inc. v. Env't Prot. Agency, 43 F.3d 701 (D.C. Cir. 1995). “See 40 C.F.R. § 264.343 (a). As a result, by letter of April 12, 1993, the Regional Administrator imposed additional restrictions on post-trial burn operations by prohibiting WTI from burning aqueous wastes and limiting the total waste feed rate into the incinerator.”
— 40 C.F.R. § 264.343(a)(1) — 1 case
Fort Barton Indus., Inc. v. Annarumo, 90-5344 (1992) (Sup. Ct. R.I. 1992). “01 B of the Rules and Regulations provides as follows: "The owner or operator of incinerator facilities must design, operate and maintain them so that when operating they will achieve the destruction and removal efficiency and performance identified in 40 CFR 264.343, as is or…”
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