Current through February, 2024
(a) The regulations of this subchapter apply
to hazardous waste burned or processed in a boiler or industrial furnace (as
defined in section 11-260-10 ) irrespective of the purpose of burning or
processing, except as provided by subsections (b), (c), (d), and (f) of this
section. In this subchapter, the term "burn" means burning for energy recovery
or destruction, or processing for materials recovery or as an ingredient. The
emissions standards of sections 11-266-104, 11-266-105, 11-266-106, and
11-266-107 apply to facilities operating under interim status or under a RCRA
or hazardous waste management operating permit as specified in sections
11-266-102 and 11-266-103.
(b) The
following hazardous wastes and facilities are not subject to regulation under
this subchapter:
(1) Used oil burned for
energy recovery that is also a hazardous waste solely because it exhibits a
characteristic of hazardous waste identified in subchapter C of chapter 11-261.
Such used oil is subject to regulation under chapter 11-279;
(2) Gas recovered from hazardous or solid
waste landfills when such gas is burned for energy recovery;
(3) Hazardous wastes that are exempt from
regulation under section 11-261-4 and clauses 11-261-6(a)(3)(iv) through (vi),
and hazardous wastes that are subject to the special requirements for
conditionally exempt small quantity generators under section 11-261-5;
and
(4) Coke ovens, if the only
hazardous waste burned is EPA Hazardous Waste No. K087, decanter tank tar
sludge from coking operations.
(c) Owners and operators of smelting,
melting, and refining furnaces (including pyrometallurgical devices such as
cupolas, sintering machines, roasters, and foundry furnaces, but not including
cement kilns, aggregate kilns, or halogen acid furnaces burning hazardous
waste) that process hazardous waste solely for metal recovery are conditionally
exempt from regulation under this subchapter, except for sections 11-266-101
and 11-266-112.
(1) To be exempt from
sections 11-266-102 through 11-266-111, an owner or operator of a metal
recovery furnace or mercury recovery furnace, must comply with the following
requirements, except that an owner or operator of a lead or a nickel-chromium
recovery furnace, or a metal recovery furnace that burns baghouse bags used to
capture metallic dusts emitted by steel manufacturing, must comply with the
requirements of paragraph (c)(3):
(i) Provide
a one-time written notice to the director indicating the following:
(A) The owner or operator claims exemption
under this subsection;
(B) The
hazardous waste is burned solely for metal recovery consistent with the
provisions of paragraph (c) (2);
(C) The hazardous waste contains recoverable
levels of metals; and
(D) The owner
or operator will comply with the sampling and analysis and recordkeeping
requirements of this subsection;
(ii) Sample and analyze the hazardous waste
and other feedstocks as necessary to comply with the requirements of this
subsection under procedures specified by Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods, SW-846, incorporated by reference in section
11-260-11 or alternative methods that meet or exceed the SW-846 method
performance capabilities. If SW-846 does not prescribe a method for a
particular determination, the owner or operator shall use the best available
method; and
(iii) Maintain at the
facility for at least three years records to document compliance with the
provisions of this subsection including limits on levels of toxic organic
constituents and Btu value of the waste, and levels of recoverable metals in
the hazardous waste compared to normal nonhazardous waste feedstocks.
(2) A hazardous waste meeting
either of the following criteria is not processed solely for metal recovery:
(i) The hazardous waste has a total
concentration of organic compounds listed in chapter 11-261, appendix VIII,
exceeding five-hundred ppm by weight, as-fired, and so is considered to be
burned for destruction. The concentration of organic compounds in a waste
as-generated may be reduced to the five-hundred ppm limit by bona fide
treatment that removes or destroys organic constituents. Blending for dilution
to meet the five-hundred ppm limit is prohibited and documentation that the
waste has not been impermissibly diluted must be retained in the records
required by subparagraph (c) (1) (iii); or
(ii) The hazardous waste has a heating value
of five-thousand Btu/lb or more, as-fired, and so is considered to be burned as
fuel. The heating value of a waste as-generated may be reduced to below the
five-thousand Btu/lb limit by bona fide treatment that removes or destroys
organic constituents. Blending for dilution to meet the five-thousand Btu/lb
limit is prohibited and documentation that the waste has not been impermissibly
diluted must be retained in the records required by subparagraph (c) (1)
(iii).
(3) To be exempt
from sections 11-266-102 through 11-266-111, an owner or operator of a lead or
nickel-chromium or mercury recovery furnace, or a metal recovery furnace that
burns baghouse bags used to capture metallic dusts emitted by steel
manufacturing, must provide a one-time written notice to the director
identifying each hazardous waste burned and specifying whether the owner or
operator claims an exemption for each waste under this paragraph or paragraph
(c)(1). The owner or operator must comply with the requirements of paragraph
(c)(1) for those wastes claimed to be exempt under that paragraph and must
comply with the requirements below for those wastes claimed to be exempt under
this paragraph (c)(3).
(i) The hazardous
wastes listed in appendices XI, XII, and XIII, chapter 11-266, and baghouse
bags used to capture metallic dusts emitted by steel manufacturing are exempt
from the requirements of paragraph (c)(1), provided that:
(A) A waste listed in appendix IX must
contain recoverable levels of lead, a waste listed in appendix XII must contain
recoverable levels of nickel or chromium, a waste listed in appendix XIII must
contain recoverable levels of mercury and contain less than 500 ppm of chapter
11-261, appendix VIII organic constituents, and baghouse bags used to capture
metallic dusts emitted by steel manufacturing must contain recoverable levels
of metal; and
(B) The waste does
not exhibit the Toxicity Characteristic of section 11-261-24 for an organic
constituent; and
(C) The waste is
not a hazardous waste listed in subchapter D of chapter 11-261 because it is
listed for an organic constituent as identified in appendix VII of chapter
11-261; and
(D) The owner or
operator certifies in the onetime notice that hazardous waste is burned under
the provisions of paragraph (c)(3) and that sampling and analysis will be
conducted or other information will be obtained as necessary to ensure
continued compliance with these requirements. Sampling and analysis shall be
conducted according to subparagraph (c)(1)(ii) and records to document
compliance with paragraph (c)(3) shall be kept for at least three
years.
(ii) The director
may decide on a case-by-case basis that the toxic organic constituents in a
material listed in appendix XI, XII, or XIII that contains a total
concentration of more than five-hundred ppm toxic organic compounds listed in
appendix VIII, chapter 11-261, may pose a hazard to human health and the
environment when burned in a metal recovery furnace exempt from the
requirements of this subchapter. In that situation, after adequate notice and
opportunity for comment, the metal recovery furnace will become subject to the
requirements of this subchapter when burning that material. In making the
hazard determination, the director will consider the following factors:
(A) The concentration and toxicity of organic
constituents in the material; and
(B) The level of destruction of toxic organic
constituents provided by the furnace; and
(C) Whether the acceptable ambient levels
established in appendices IV or V may be exceeded for any toxic organic
compound that may be emitted based on dispersion modeling to predict the
maximum annual average off-site ground level concentration.
(d) The
standards for direct transfer operations under section 11-266-111 apply only to
facilities subject to the permit standards of section 11-266-102 or the interim
status standards of section 11-266-103.
(e) The management standards for residues
under section 11-266-112 apply to any boiler or industrial furnace burning
hazardous waste.
(f) Owners and
operators of smelting, melting, and refining furnaces (including
pyrometallurgical devices such as cupolas, sintering machines, roasters, and
foundry furnaces) that process hazardous waste for recovery of economically
significant amounts of the precious metals gold, silver, platinum, palladium,
iridium, osmium, rhodium, or ruthenium, or any combination of these are
conditionally exempt from regulation under this subchapter, except for section
11-266-112. To be exempt from sections 11-266-101 through 11-266-111, an owner
or operator must:
(1) Provide a one-time
written notice to the director indicating the following:
(i) The owner or operator claims exemption
under this subsection;
(ii) The
hazardous waste is burned for legitimate recovery of precious metal;
and
(iii) The owner or operator
will comply with the sampling and analysis and recordkeeping requirements of
this paragraph; and
(2)
Sample and analyze the hazardous waste as necessary to document that the waste
is burned for recovery of economically significant amounts of precious metal
using procedures specified by Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods, SW-846, incorporated by reference in section
11-260-11 or alternative methods that meet or exceed the SW-846 method
performance capabilities. If SW-846 does not prescribe a method for a
particular determination, the owner or operator shall use the best available
method; and
(3) Maintain at the
facility for at least three years records to document that all hazardous wastes
burned are burned for recovery of economically significant amounts of precious
metal.
