Regulations last checked for updates: May 20, 2024

Title 40 - Protection of Environment last revised: May 16, 2024
Table of Contents

§ 240.200 - Solid wastes accepted.

§ 240.200-1 - Requirement.

§ 240.200-2 - Recommended procedures: Design.

§ 240.200-3 - Recommended procedures: Operations.

§ 240.201 - Solid wastes excluded.

§ 240.201-1 - Requirement.

§ 240.201-2 - Recommended procedures: Design.

§ 240.201-3 - Recommended procedures: Operations.

§ 240.202 - Site selection.

§ 240.202-1 - Requirement.

§ 240.202-2 - Recommended procedures: Design.

§ 240.202-3 - Recommended procedures: Operations.

§ 240.203 - General design.

§ 240.203-1 - Requirement.

§ 240.203-2 - Recommended procedures: Design.

§ 240.203-3 - Recommended procedures: Operations.

§ 240.204 - Water quality.

§ 240.204-1 - Requirement.

§ 240.204-2 - Recommended procedures: Design.

§ 240.204-3 - Recommended procedures: Operations.

§ 240.205 - Air quality.

§ 240.205-1 - Requirement.

§ 240.205-2 - Recommended procedures: Design.

§ 240.205-3 - Recommended procedures: Operations.

§ 240.206 - Vectors.

§ 240.206-1 - Requirement.

§ 240.206-2 - Recommended procedures: Design.

§ 240.206-3 - Recommended procedures: Operations.

§ 240.207 - Aesthetics.

§ 240.207-1 - Requirement.

§ 240.207-2 - Recommended procedures: Design.

§ 240.207-3 - Recommended procedures: Operations.

§ 240.208 - Residue.

§ 240.208-1 - Requirement.

§ 240.208-2 - Recommended procedures: Design.

§ 240.208-3 - Recommended procedures: Operations.

§ 240.209 - Safety.

§ 240.209-1 - Requirement.

§ 240.209-2 - Recommended procedures: Design.

§ 240.209-3 - Recommended procedures: Operations.

§ 240.210 - General operations.

§ 240.210-1 - Requirement.

§ 240.210-2 - Recommended procedures: Design.

§ 240.210-3 - Recommended procedures: Operations.

§ 240.211 - Records.

§ 240.211-1 - Requirement.

§ 240.211-2 - Recommended procedures: Design.

§ 240.211-3 - Recommended procedures: Operations.

Appendix Appendix to - Appendix to Part 240—Recommended Bibliography

§ 240.200 - Solid wastes accepted.
§ 240.200-1 - Requirement.

In consultation with the responsible 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.

§ 240.200-3 - 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.

(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 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 land-use 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.

§ 240.203 - General design.
§ 240.203-1 - Requirement.

A plan for the design of new facilities or modifications to existing facilities shall be prepared or approved by a professional engineer. A list of major considerations and the rationale for the decision on each consideration shall be approved by the responsible agency prior to authorization for construction. This information shall remain available for review.

§ 240.203-2 - Recommended procedures: Design.

(a) The types, amounts (by weight and volume), and characteristics of all solid wastes expected to be processed should be determined by survey and analysis. The gross calorific value of the solid wastes to be processed should be determined to serve as a basis for design.

(b) Resource recovery in the form of heat utilization or direct recovery of materials should be considered in the design.

(c) The facility should be designed to be compatible with the surrounding area, easy to maintain, and consistent with the land use of the area.

(d) Employee convenience facilities and plant maintenance facilities should be provided. Adequate lighting should be provided throughout the facility.

(e) The corrosive and erosive action of once-through and recirculated process waters should be controlled either by treating them or by using materials capable of withstanding the adverse effects of the waters.

(f) Facility design capacity should consider such items as waste quantity and characteristics, variations in waste generation, equipment downtime, and availability of alternate storage, processing, or disposal capability.

(g) Facility systems and subsystems should be designed to assure standby capability in the event of breakdown. Provision for standby water and power should also be considered.

(h) Instrumentation should be provided to determine such factors as: The weight of incoming and outgoing materials (the same scale system may be used for both); total combustion airflow rates; underfire and overfire airflows and the quantitative distribution of each; selected temperatures and pressures in the furnace, along gas passages, in the particulate collection device, and in the stack; electrical power and water consumption of critical units; and rate of operation. The smoke density, the concentration of carbon monoxide, or the concentration of hydrocarbons in the stack gases should be monitored. Measurement of the pH should be considered for effluent waters. Continuously recording instrumentation should be used as much as possible.

(i) Audible signals should be provided to alert operating personnel of critical operating unit malfunctions.

(j) Sampling capability should be designed into the facility so that each process stream can be sampled, and the utilities required to do so should be close at hand. The sampling sites should be so designed that personnel can sample safely without interfering with normal plant operations.

(k) A laboratory should be included in the design, or provision should be made for laboratory analyses to be performed by an outside source acceptable to the responsible agency.

§ 240.203-3 - Recommended procedures: Operations.

Not applicable.

§ 240.204 - Water quality.
§ 240.204-1 - Requirement.

All waters discharged from the facility shall be sufficiently treated to meet the most stringent of applicable water quality standards, established in accordance with or effective under the provisions of the Federal Water Pollution Control Act, as amended.

§ 240.204-2 - Recommended procedures: Design.

(a) Effluent waters should not be discharged indiscriminately. Consideration should be given to onsite treatment of process and waste waters before discharge.

(b) Recirculation of process waters should be considered.

§ 240.204-3 - Recommended procedures: Operations.

(a) When monitoring instrumentation indicates excessive discharge contamination, appropriate adjustments should be made to lower the concentrations to acceptable levels.

(b) In the event of an accidental spill, the local regulatory agency should be notified immediately.

§ 240.205 - Air quality.
§ 240.205-1 - Requirement.

Emissions shall not exceed applicable existing emission standards established by the U.S. Environmental Protection Agency (as published in parts 52, 60, 61 and 76 of this chapter) under the authority of the Clean Air Act, as amended, or State or local emission standards effective under that Act, if the latter are more stringent.

§ 240.205-2 - Recommended procedures: Design.

(a) These requirements should be met by using appropriate air pollution control technology.

(b) All emissions, including dust from vents, should be controlled.

§ 240.205-3 - Recommended procedures: Operations.

When monitoring instrumentation indicates excessive emissions, appropriate adjustments should be made to lower the emission to acceptable levels.

§ 240.206 - Vectors.
§ 240.206-1 - Requirement.

Conditions shall be maintained that are unfavorable for the harboring, feeding, and breeding of vectors.

§ 240.206-2 - Recommended procedures: Design.

Thermal processing facilities should be designed for ease of cleaning. Areas favorable for breeding of vectors should be avoided.

§ 240.206-3 - Recommended procedures: Operations.

(a) A housekeeping schedule should be established and maintained. As a minimum the schedule should provide for cleaning the tipping and residue areas as spillages occur, emptying the solid waste storage area at least weekly, and routinely cleaning the remainder of the facility.

(b) Solid waste and residue should not be allowed to accumulate at the facility for more than one week.

§ 240.207 - Aesthetics.
§ 240.207-1 - Requirement.

The incinerator facility shall be designed and operated at all times in an aesthetically acceptable manner.

§ 240.207-2 - Recommended procedures: Design.

The facility should be designed so that it is physically attractive. The tipping, residue discharge, and waste salvage areas should be screened from public view, and the grounds should be landscaped.

§ 240.207-3 - Recommended procedures: Operations.

(a) A routine housekeeping and litter removal schedule should be established and implemented so that the facility regularly presents a neat and clean appearance.

(b) Solid wastes that cannot be processed by the facility should be removed from the facility at least weekly. Open burning or open dumping of this material should be prohibited.

§ 240.208 - Residue.
§ 240.208-1 - Requirement.

Residue and other solid waste products resulting from a thermal process shall be disposed of in an environmentally acceptable manner. Where land disposal is employed, practices must be in conformance with the U.S. Environmental Protection Agency's Guidelines for the Land Disposal of Solid Wastes. Unwanted residue materials remaining after the recovery operation shall be disposed of in a manner which protects the environment. Where land disposal is employed, practices must be in conformance with the U.S. Environmental Protection Agency's Guidelines for the Land Disposal of Solid Wastes.

§ 240.208-2 - Recommended procedures: Design.

Thermal processing facilities should be so designed as to allow for removal from the site of residue or other solids in a manner that protects the environment.

§ 240.208-3 - Recommended procedures: Operations.

(a) The furnace operator should visually observe the quality of the bottom ash at least twice per shift and record in the operating log the estimated percentage of unburned combustibles.

(b) If residue or fly ash is collected in a wet condition, it should be drained of free moisture. Transportation of residue and fly ash should be by means that prevent the loads from shifting, falling, leaking, or blowing from the container.

§ 240.209 - Safety.
§ 240.209-1 - Requirement.

Incinerators shall be designed, operated, and maintained in a manner to protect the health and safety of personnel associated with the operation of the facility. Pertinent provisions of the Occupational Safety and Health Act of 1970 (Pub. L. 91-596) and regulations promulgated thereunder shall apply.

§ 240.209-2 - Recommended procedures: Design.

(a) Attention should be given to the safety of operators and vehicles through the provision of safety devices.

(b) Fire control equipment should be provided.

(c) Methods and/or equipment for removal of an injured person from the storage pit should be available.

§ 240.209-3 - Recommended procedures: Operations.

(a) Detailed procedures should be developed for operation during such emergency situations as power failure, air or water supply failure, equipment breakdowns, and fire. These procedures should be posted in prominent locations, implemented by the staff as required, and upgraded and revised periodically.

(b) Approved respirators or self-contained breathing apparatus should be available at convenient locations. Their use should be reviewed periodically with facility personnel. Information on this type equipment can be obtained from the Appalachian Laboratory for Occupational Respiratory Disease, National Institute for Occupational Safety and Health, Morgantown, W. Va.

(c) Training in first aid practices and emergency procedures should be given all personnel.

(d) Personal safety devices such as hard hats, gloves, safety glasses, and footwear should be provided for facility employees.

(e) If a regular user or employee persistently poses a safety hazard he should be barred from the facility and reported to the responsible agency.

§ 240.210 - General operations.
§ 240.210-1 - Requirement.

The thermal processing facility shall be operated and maintained in a manner that assures it will meet the design requirements. An operations manual describing the various tasks to be performed, operating procedures, and safety precautions for various areas of the facility shall be developed and shall be readily available for reference by plant personnel.

§ 240.210-2 - Recommended procedures: Design.

Not applicable.

§ 240.210-3 - Recommended procedures: Operations.

(a) The facility supervisor should be experienced in the operation of the type of facility designed or, in the case of an innovated design, be adequately trained by responsible personnel in the operation of the facility.

(b) Alternate and standby disposal and operating procedures should be established for implementation during emergencies, air pollution episodes, and shutdown periods.

(c) Upon completion of facility construction, provision should be made for instruction of the staff in proper operation and maintenance procedures.

(d) A routine maintenance schedule should be established and followed.

(e) As-built engineering drawings of the facility should be provided at the conclusion of construction of the facility. These should be updated to show modifications by the owner as changes are made and should be readily available. A schematic showing the relationships of the various subsystems should also be available.

(f) Key operational procedures should be prominently posted.

(g) Equipment manuals, catalogs, spare parts lists, and spare parts should be readily available at the facility.

(h) Training opportunities for facility operating personnel should be provided.

§ 240.211 - Records.
§ 240.211-1 - Requirement.

The owner/operator of the thermal processing facility shall provide records and monitoring data as required by the responsible agency.

§ 240.211-2 - Recommended procedures: Design.

Continuously recording instrumentation should be used as much as possible.

§ 240.211-3 - Recommended procedures: Operations.

(a) Extensive monitoring and recordkeeping should be practiced during the first 12 to 18 months of operation of a new or renovated facility, during periods of high air pollution, and during periods of upset conditions at the facility.

(b) During other periods of more normal operation of the facility, less extensive monitoring and record keeping may be practiced if approved by the responsible agency.

(c) Operating records should be kept in a daily log and should include as a minimum:

(1) The total weight and volume (truck capacities may be used for volume determination) of solid waste received during each shift, including the number of loads received, the ownership or specific identity of delivery vehicles, the source and nature of the solid wastes accepted.

(2) Furnace and combustion chamber temperatures recorded at least every 60 minutes and as changes are made, including explanations for prolonged, abnormally high and low temperatures.

(3) Rate of operation, such as grate speed.

(4) Overfire and underfire air volumes and pressure and distribution recorded at least every 60 minutes and as changes are made.

(5) Weights of bottom ash, grate siftings, and fly ash, individually or combined, recorded at intervals appropriate to normal facility operation.

(6) Estimated percentages of unburned material in the bottom ash.

(7) Water used on each shift for bottom ash quenching and scrubber operation. Representative samples of process waters should be collected and analyzed as recommended by the responsible agency.

(8) Power produced and utilized each shift. If steam is produced, quality, production totals and consumption rates should be recorded.

(9) Auxiliary fuel used each shift.

(10) Gross calorific value of daily representative samples of bottom ash, grate siftings, and fly ash. (Sampling time should be varied so that all shifts are monitored on a weekly basis.)

(11) Emission measurements and laboratory analyses required by the responsible agency.

(12) Complete records of monitoring instruments.

(13) Problems encountered and methods of solution.

(d) An annual report should be prepared which includes at least the following information:

(1) Minimum, average, and maximum daily volume and weight of waste received and processed, summarized on a monthly basis.

(2) A summary of the laboratory analyses including at least monthly averages.

(3) Number and qualifications of personnel in each job category; total manhours per week; number of State certified or licensed personnel; staffing deficiencies; and serious injuries, their cause and preventive measures instituted.

(4) An identification and brief discussion of major operational problems and solutions.

(5) Adequacy of operation and performance with regard to environmental requirements, the general level of housekeeping and maintenance, testing and reporting proficiency, and recommendations for corrective actions.

(6) A copy of all significant correspondence, reports, inspection reports, and any other communications from enforcement agencies.

(e) Methodology for evaluating the facility's performance should be developed. Evaluation procedures recommended by the U.S. Environmental Protection Agency should be used whenever possible (see bibliography).

Appendix Appendix to - Appendix to Part 240—Recommended Bibliography

1. The Solid Waste Disposal Act as amended; Title II of Pub. L. 89-272, 89th Cong., S. 306, Oct. 20, 1965; Pub. L. 91-512, 91st Cong., H.R. 11833, Oct. 26, 1970. Washington, U.S. Government Printing Office, 1971. 14 p. Reprinted 1972.

2. Seven incinerators; evaluation, discussions, and authors' closure. [Washington, U.S. Environmental Protection Agency, 1971. 40 p.] (Includes discussions and authors' closure for “An evaluation of seven incinerators” by W. C. Achinger and L. E. Daniels.)

3. DeMarco, J., D. J. Keller, J. Leckman, and J. L. Newton. Municipal-scale incinerator design and operation. Public Health Service Publication No. 2012. Washington, U.S. Government Printing Office, 1973. 98 p.

4. Occupational Safety and Health Act of 1970; Pub. L. 91-596, 91st Cong., S. 2193, Dec. 29, 1970. Washington, U.S. Government Printing Office, 1972.

5. Control techniques for particulate air pollutants. Publication AP-51. U.S. Department of Health, Education, and Welfare, National Air Pollution Control Administration, 1969.

6. Zausner, E. R. An accounting system for incinerator operations. Public Health Service Publication No. 2032. Washington, U.S. Government Printing Office, 1970. 17 p.

7. Achinger, W. C., and J. J. Giar, Testing manual for solid waste incinerators. [Cincinnati], U.S. Environmental Protection Agency, 1973. [372 p., loose-leaf.] [Open-file report, restricted distribution.]

8. Nader, J. S., W. Carter, and F. Jaye. Performance Specifications for Stationary Source Monitoring Systems. NTIS PB. 230 934/AS (1974).

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.
cite as: 40 CFR 240.208-1