Current through all regulations passed and filed through December 16, 2024
(A) Rules
3745-266-100 to
3745-266-112 of the
Administrative Code apply to hazardous waste burned or processed in a "boiler"
or "industrial furnace" (as those terms are defined in rule
3745-50-10 of the Administrative
Code) irrespective of the purpose of burning or processing, except as provided
by paragraphs (B), (C), (D), (G), and (H) of this rule. In rules
3745-266-100 to
3745-266-112 of the
Administrative Code, the term "burn" means burning for energy recovery or
destruction, or processing for materials recovery or as an ingredient. The
emissions standards of rules 3745-266-104, 3745-266-105, 3745-266-106, and
3745-266-107 of the
Administrative Code apply to facilities operating under permit by rule or under
an Ohio hazardous waste permit as specified in rules
3745-266-102 and
3745-266-103 of the
Administrative Code.
(B)
Integration of the maximum achievable control technology (MACT) standards.
(1) Except as provided by paragraphs (B)(2),
(B)(3), and (B)(4) of this rule, Chapter 3745-266 of the Administrative Code
does not apply to a new hazardous waste boiler or industrial furnace unit that
becomes subject to regulation under the hazardous waste permit requirements
after February 16, 2009, or no longer applies when an owner or operator of an
existing hazardous waste boiler or industrial furnace unit demonstrates
compliance with the MACT requirements of 40 CFR Part 63 subpart EEE by
conducting a comprehensive performance test and submitting to the director a
notification of compliance under
40 CFR
63.1207(j) and
40 CFR
63.1210(d) that documents
compliance with 40 CFR Part 63 subpart EEE. Nevertheless, even after this
demonstration of compliance with the MACT standards, hazardous waste
installation and operation permit conditions based on the standards of Chapter
3745-266 of the Administrative Code continue to be in effect until the
conditions are removed from the permit, or the permit is revoked, unless the
permit expressly provides otherwise.
(2) The following standards continue to
apply:
(a) If the owner or operator elects to
comply with paragraph (A)(1)(a) of rule
3745-50-235 of the
Administrative Code to minimize emissions of toxic compounds from startup,
shutdown, and malfunction events, paragraph (E)(1) of rule
3745-266-102 of the
Administrative Code that requires compliance with the operating requirements
specified in the permit at all times that hazardous waste is in the unit, and
paragraph (E)(2)(c) of rule
3745-266-102 of the
Administrative Code that requires compliance with the emission standards and
operating requirements during startup and shutdown if hazardous waste is in the
combustion chamber, except for particular hazardous wastes. These provisions
apply only during startup, shutdown, and malfunction events;
(b) The closure requirements of paragraph
(E)(11) of rule
3745-266-102 and paragraph (L)
of rule 3745-266-103 of the
Administrative Code;
(c) The
standards for direct transfer of rule
3745-266-111 of the
Administrative Code;
(d) The
standards for regulation of residues of rule
3745-266-112 of the
Administrative Code; and
(e)
The applicable requirements of Chapters 3745-54 and 3745-65 and rules
3745-55-10 to 3745-55-20,
3745-55-40 to 3745-55-51,
3745-66-10 to 3745-66-21,
3745-66-40 to 3745-66-48
, 3745-205-50 to 3745-205-65, 3745-205-80 to 3745-205-90,
3745-256-50 to 3745-256-64, and 3745-256-80 to 3745-256-90 of the
Administrative Code.
(3) Boilers or hydrochloric acid production
furnaces that are area sources under
40 CFR
63.2 for which owners or operators elect not
to comply with the emission standards under
40 CFR
63.1216,
40 CFR
63.1217, and
40 CFR
63.1218 for particulate matter, semivolatile
and low volatile metals, and total chlorine remain subject to:
(a) Rule
3745-266-105 of the
Administrative Code titled "Standards to control particulate matter";
(b) Rule
3745-266-106 of the
Administrative Code titled "Standards to control metal emissions," except for
mercury; and
(c) Rule
3745-266-107 of the
Administrative Code titled "Standards to control hydrogen chloride and chlorine
gas emissions."
(4) The
particulate matter standard of rule
3745-266-105 of the
Administrative Code remains in effect for boilers for which owners or operators
elect to comply with the alternative to the particulate matter standard under
40 CFR
63.1216(e) and
40 CFR
63.1217(e).
(C) The following hazardous wastes
and facilities are not subject to regulation under rules
3745-266-100 to
3745-266-112 of the
Administrative Code:
(1) Used oil burned for
energy recovery that is also a hazardous waste solely because the used oil
exhibits a characteristic of hazardous waste identified in rules
3745-51-20 to
3745-51-24 of the Administrative
Code. Such used oil is subject to regulation under Chapter 3745-279 of the
Administrative Code;
(2) Gas
recovered from hazardous waste landfills or solid waste landfills when such gas
is burned for energy recovery;
(3)
Hazardous wastes that are exempt from regulation under rule
3745-51-04 and paragraphs
(A)(3)(c) and (A)(3)(d) of rule
3745-51-06 of the Administrative
Code, and
hazardous wastes that are subject to the special requirements for very small
quantity generators under rule
3745-52-14 of the Administrative
Code; and
(4) Coke ovens, if
the only hazardous waste burned is EPA hazardous waste number K087, decanter
tank tar sludge from coking operations.
(D) 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 rules
3745-266-100 to
3745-266-112 of the
Administrative Code, except for rules
3745-266-101 and
3745-266-112 of the
Administrative Code.
(1) To be exempt from
rules 3745-266-102 to
3745-266-111 of the
Administrative Code, an owner or operator of a metal recovery furnace or
mercury recovery furnace shall 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, shall comply with paragraph (D)(3) of this
rule, and owners or operators of lead recovery furnaces that are subject to
regulation under the secondary lead smelting "National Emissions Standards for
Hazardous Air Pollutants" (NESHAP) shall comply with paragraph (H) of this
rule:
(a) Provide a one-time written notice to
the director that indicates all of the following:
(i) The owner or operator claims exemption
under paragraph (D)(1) of this rule;
(ii) The hazardous waste is burned solely for
metal recovery consistent with paragraph (D)(2) of this rule;
(iii) The hazardous waste contains
recoverable levels of metals; and
(iv) The owner or operator will comply with
the sampling and analysis and recordkeeping requirements of paragraph (D) of
this rule;
(b) Sample
and analyze the hazardous waste and other feedstocks as necessary to comply
with paragraph (D) of this rule by using appropriate methods; and
(c) Maintain at the facility for at least
three years records to document compliance with paragraph (D) of this rule
including limits on levels of toxic organic constituents and British thermal
unit (Btu) value of the waste, and levels of recoverable metals in the
hazardous waste compared to normal nonhazardous waste feedstocks.
(2) A hazardous waste that meets
either of the following criteria is not processed solely for metal recovery:
(a) The hazardous waste has a total
concentration of organic compounds listed in the appendix to rule
3745-51-11 of the Administrative
Code that exceeds five hundred parts per million (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 shall be
retained in the records required by paragraph (D)(1)(c) of this rule;
or
(b) The hazardous waste has a
heating value of five thousand Btu per pound 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 per pound limit by bona fide
treatment that removes or destroys organic constituents. Blending for dilution
to meet the five thousand Btu per pound limit is prohibited, and documentation
that the waste has not been impermissibly diluted shall be retained in the
records required by paragraph (D)(1)(c) of this rule.
(3) To be exempt from rules
3745-266-102 to
3745-266-111 of the
Administrative Code, an owner or operator of a lead or nickel-chromium or
mercury recovery furnace (except for owners or operators of lead recovery
furnaces subject to regulation under the secondary lead smelting NESHAP) or a
metal recovery furnace that burns baghouse bags used to capture metallic dusts
emitted by steel manufacturing shall provide a one-time written notice to the
director that identifies each hazardous waste burned and that specifies whether
the owner or operator claims an exemption for each waste under this paragraph
or paragraph (D)(1) of this rule. The owner or operator shall comply with
paragraph (D)(1) of this rule for those wastes claimed to be exempt under
paragraph (D)(1) of this rule and shall comply with paragraphs (D)(3)(a) and
(D)(3)(b) of this rule for those wastes claimed to be exempt under paragraph
(D)(3) of this rule.
(a) The hazardous wastes
listed in appendices A, B, and C to this rule and baghouse bags used to capture
metallic dusts emitted by steel manufacturing are exempt from paragraph (D)(1)
of this rule, provided that:
(i) A waste
listed in appendix A to this rule shall contain recoverable levels of lead, a
waste listed in appendix B to this rule shall contain recoverable levels of
nickel or chromium, a waste listed in appendix C to this rule shall contain
recoverable levels of mercury and contain less than five hundred ppm of organic
constituents in the appendix to rule
3745-51-11 of the Administrative
Code, and baghouse bags used to capture metallic dusts emitted by steel
manufacturing shall contain recoverable levels of metal; and
(ii) The waste does not exhibit the toxicity
characteristic of rule
3745-51-24 of the Administrative
Code for an organic constituent; and
(iii) The waste is not a hazardous waste
listed in rules
3745-51-30 to
3745-51-35 of the Administrative
Code because the waste is listed for an organic constituent as identified in
the appendix to rule
3745-51-30 of the Administrative
Code; and
(iv) The owner or
operator certifies in the one-time notice that hazardous waste is burned under
paragraph (D)(3) of this rule 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 paragraph (D)(1)(b) of this rule, and records to document
compliance with paragraph (D)(3) of this rule shall be kept for at least three
years.
(b) The director
may decide on a case-by-case basis that the toxic organic constituents in a
material listed in appendix A, B, or C to this rule that contains a total
concentration of more than five hundred ppm toxic organic compounds listed in
the appendix to rule
3745-51-11 of the Administrative
Code may pose a hazard to human health and the environment when burned in a
metal recovery furnace that is exempt from rules
3745-266-100 to
3745-266-112 of the
Administrative Code. In that situation, after adequate notice and opportunity
for comment, the metal recovery furnace will become subject to rules
3745-266-100 to
3745-266-112 of the
Administrative Code when burning that material. In making the hazard
determination, the director will consider the following factors:
(i) The concentration and toxicity of organic
constituents in the material; and
(ii)
The level of destruction of toxic organic constituents provided by the
furnace;
and
(iii) Whether the
acceptable ambient levels established in appendix A or appendix B to rule
3745-266-109 of the
Administrative Code 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.
(E) The standards for direct transfer
operations under rule
3745-266-111 of the
Administrative Code apply only to facilities subject to the permit standards of
rule 3745-266-102 of the
Administrative Code or the interim standards of rule
3745-266-103 of the
Administrative Code.
(F) The
management standards for residues under rule
3745-266-112 of the
Administrative Code apply to any boiler or industrial furnace that burns
hazardous waste.
(G) 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 rules
3745-266-100 to
3745-266-112 of the
Administrative Code, except for rule
3745-266-112 of the
Administrative Code. To be exempt from rules
3745-266-101 to
3745-266-111 of the
Administrative Code, an owner or operator shall:
(1) Provide a one-time written notice to the
director that indicates the following:
(a) The
owner or operator claims exemption under paragraph (G) of this rule;
(b) The hazardous waste is burned for
legitimate recovery of precious metal; and
(c) The owner or operator will comply with
the sampling and analysis and recordkeeping requirements of paragraph (G) of
this rule; and
(2)
Sample and analyze the hazardous waste as necessary to document that the waste
contains economically significant amounts of the metals and that the treatment
recovers economically significant amounts of precious metals; 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.
(H) Owners or operators of lead
recovery furnaces that process hazardous waste for recovery of lead and that
are subject to regulation under the secondary lead smelting NESHAP are
conditionally exempt from regulation under rules
3745-266-100 to
3745-266-112 of the
Administrative Code, except for rule
3745-266-101 of the
Administrative Code. To be exempt, an owner or operator shall provide a
one-time notice to the director that identifies each hazardous waste burned and
that specifies that the owner or operator claims an exemption under this
paragraph. The notice also shall state that the waste burned has a total
concentration of non-metal compounds listed in the appendix to rule
3745-51-11 of the Administrative
Code of less than five hundred ppm by weight, as fired and as provided in
paragraph (D)(2)(a) of this rule, or is listed in appendix A to this rule.
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see rule
3745-50-11 of the Administrative
Code titled "Incorporated by reference."]
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