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Federal Register / Volt, No. 196 / Wednesday, October 9, 1910 Rules and Regulations 51053
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<br /> but allow infrequent burning of garbage(i.e.,that pollution caused by burning."Open burning is defined under
<br /> agricultural wastes,silvicultural wastes, burning was probably less of a problem §258.2 as the combustion of solid waste
<br /> 'at land-clearing debris,diseased trees, than ground-water pollution caused by (1)without control of combustion air to
<br /> debris from emergency cleanup burying),does not attract rodents and maintain adequate temperature for
<br /> operations,and ordnance(e.g., wild animals,and eliminates the efficient combustion;(2)without
<br /> ammunition and bombs).These methane problem.Ma containment of the combustion reaction
<br /> requirements were already in effect argued that the burning ' in an enclosed device to provide
<br /> under part 257.In the proposed rule,the (particularly brush,tree limbs, sufficient residence time and mixing for
<br /> Agency clarified that eallnipeutteW undiseased trees,and untreated vmbtt complete combustion;and(3)without
<br /> containers or waste pestes were not products)should be allowed.Some the control of the emission of the
<br /> exempted agricultural wastes.This commenters argued that prohibiting combustion products(see also 40 CFR
<br /> interpretation has been used by the open burning would increase the cost of 257.3-7(c)).
<br /> Agency in implementing the air criteria solid waste disposal.Others argued that The Agency would also like to note
<br /> requirements for solid waste disposal if existing small landfills were forced tcV that although open burning of most
<br /> facilities under 40 CFR part 257(see 44 close,uncontrolled burns and midnight wastes is prohibited at MSWLFs under
<br /> FR 53438). dumping would increase.EPA originally the final rule,infrequent burning of
<br /> Today's final rule is unchanged from esta _the ban on open burning in certain materials is permitted.Materials
<br /> that proposed,with the exception that I97AWJN0Ntr1n257.C4Wiaa.The that may be burned infrequently are
<br /> ordnance has been deleted from the list rationale for banning open burning of agricultural wastes,silvicultural wastes,
<br /> of wastes that may be burned at solid waste in 1979 is equally applicable land-clearing debris,diseased trees,and
<br /> MSWLFs.This is because the Agency today; that is, the hazards posed to debris from emPr�n�u,.laan in
<br /> recognizes that ordnance(e.g., human health by allowing the open operations.This approach is consistent
<br /> ammunition and bombs)may be capable burning of solid waste(e.g., the increase with EPA's existing requirements at 40
<br /> of detonation and exhibits the in particulate emissions,decreased CFR part 257 for solid waste disposal
<br /> characteristic of reactivity,and is thus safety) out any benefits derived facilities and practices(see 44 FR 53458,
<br /> regulated as a hazardous waste(40 CFR from " .For example,EPA has September 13,1979).The open burning
<br /> 261.23).Under existing regulations,all . data indicating that smoke from open of these materials is not typically an
<br /> hazardous waste must be transported to burning can reduce aircraft and ongoing practice and, thus,does not
<br /> a hazardous waste treatment,storage or automobile visibility and has been present a significant environmental risk.
<br /> disposal facility that has received either linked to automobile accidents and In addition, destruction of diseasa
<br /> interim status or a RCRA part B permit deaths on expressways.Open burning carrying trees or debris from emergency
<br /> under 40 CFR part 270;therefore, may result in uncontrolled emissions of operations provides an added
<br /> may" hazardous constituents that pose a
<br /> environmental benefit in preventing
<br /> �1.F. threat to human health and the chances of disease or accident.Today's ` L
<br /> In the preamble to the proposal,EPA environment.Furthermore,meters final criteria se require that the conduct �h /
<br /> noted that MSWLF air emissions,other did' r of these infrequent acts of burning must 2 �n
<br /> than from open burning,would be claims that open burning poses less of rlp
<br /> regulated under the CAA section 111(b) an environmental threat than does be in compliance with applicable
<br /> for new landfills and section 111(d)for landfilling the waste.EPA decided that requirements under the State SIPS.In
<br /> existing landfills at some future date. any cost savings did not outweigh the response to comments,EPA is clarifying
<br /> Several commenters criticized the benefits to human health and the today that the open burning of yard
<br /> Agency's decision to regulate emissions environment in this case.For the wastes,pesticide containers, and
<br /> from MSWLFs under these sections of reasons described above,EPA retained Wooden pallets is not an allowed
<br /> the CAA,stating that the CAA's the�burning prohibition in today's " Practice.Open burning should be
<br /> structure is cumbersome and ill-suited to final rulemaking. conducted in areas dedicated for that �►c
<br /> address the control of air emissions Numerous commenters expressed purpose at a distance from the landfill
<br /> from landfills.They suggested that these support for burning yard waste at unit so as to preclude the accidental
<br /> emissions be regulated under subtitle D. MSWLFs using trench incinerators,pit burning of other solid waste.
<br /> EPA disagrees with these burners,or air curtain destructors. 6.Section 258.25 Access Requirements
<br /> commenters.The Clean Air Act is the Commenters stated that air curtain
<br /> Agency's primary statutory authority for destructors have been shown to reduce EPA proposed to require control of
<br /> addressing air quality concerns.As waste volume by 98%,and particulate public access to new and existing
<br /> such,EPA believes it is appropriate to air emissions by 80-90%.EPA carefully MSWLF units to prevent illegal dumping
<br /> regulate air emissions from MSWLFs reviewed the data submitted by of wastes,public exposure to hazards at
<br /> under the CAA.Therefore,under section commenters on this issue.Although MSWLFs,and unauthorized vehicular
<br /> 111(d),EPA is planning to propose air there has been some improvement in traffic.Access control is a key element
<br /> emission regulations to be adopted and this technology over the last ten years, in preventing injury or death at these
<br /> used by the States to prepare plans for EPA concluded that these devices still facilities.The proposal also required the
<br /> controlling air emissions from MSWLF emit unacceptable levels of particulates. use of artificial or natural barriers,as
<br /> units. While trench incinerators,pit burners necessary,to prevent illegal dumping of
<br /> Although a few commenters and air curtain destructors reduce air wastes and unauthorized vehicular
<br /> expressed support for the ban on open emissions by 80-90%,EPA's test data traffic.This requirement is intended to
<br /> burning,small rural communities indicates that such particulate emissions prevent the illegal disposal of regulated
<br /> expressed widespread opposition. are similar to particulate emissions from hazardous waste as defined under 40
<br /> Commenters opposing the ban statedopen burning(Reference:Background CFR part 261 and PCB wastes as defined
<br /> that burning.reduces the volume to be Document—Operating Criteria). under 40 CFR part 761 and unauthorized
<br /> buried and thereby extends the useful Furthermore,because these devices do vehicular traffic when the facility is
<br /> life of a landfill,poses less of a threat to not control the emission of combustion closed,not to prevent access for
<br /> the environment than does burying raw products,they are considered"open controlled disposal.
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