Current through Register Vol. 48, No. 9, September 27, 2024
(a) The regulations
of this subpart apply to owners and operators of facilities that incinerate
hazardous waste (as defined in 260.10), except as 264.1 provides otherwise. The
following facility owners or operators are considered to incinerate hazardous
waste:
(1) Owners or operators of hazardous
waste incinerators (as defined in R.61-79.260.10); and
(2) Owners or operators who burn hazardous
waste in boilers or in industrial furnaces in order to destroy them, or who
burn hazardous waste in boilers or in industrial furnaces for any recycling
purpose and elect to be regulated under this regulation.
(b) Integration of the MACT standards. (9/01)
(1) Except as provided by paragraphs (b)(2)
through (b)(4) of this section, the standards of this part do not apply to a
new hazardous waste incineration unit that becomes subject to RCRA permit
requirements after October 12, 2005; or no longer apply when an owner or
operator of an existing hazardous waste incineration unit demonstrates
compliance with the maximum achievable control technology (MACT) requirements
of part 63, subpart EEE, of this chapter by conducting a comprehensive
performance test and submitting to the Administrator a Notification of
Compliance under
40 CFR
63.1207(j) and
63.1210(d)
of this chapter documenting compliance with the requirements of part 63,
subpart EEE. Nevertheless, even after this demonstration of compliance with the
MACT standards, RCRA permit conditions that were based on the standards of this
part will continue to be in effect until they are removed from the permit or
the permit is terminated or revoked, unless the permit expressly provides
otherwise.
(2) If the waste
analysis shows that the waste contains none of the hazardous constituents
listed in R.61-79.261, Appendix VIII, which would reasonably be expected to be
in the waste.
(3) The particulate
matter standard of 264.343(c) remains in effect for incinerators that elect to
comply with the alternative to the particulate matter standard under
40
CFR 63.1206(b)(14) and
63.1219(e).
(4) The following requirements remain in
effect for startup, shutdown, and malfunction events if you elect to comply
with 270.235(a)(1)(i) to minimize emissions of toxic compounds from these
events:
(i) 264.345(a) requiring that an
incinerator operate in accordance with operating requirements specified in the
permit; and
(ii) 264.345(c)
requiring 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.
(c) After consideration of the waste analysis
included with Part B of the permit application, the Department, upon
demonstration by the owner or operator, must exempt the applicant from all
requirements of this Subpart except 264.341 (Waste Analysis) and 264.351
(Closure),
(1) If the Department finds that
the waste to be burned is:
(i) Listed as a
hazardous waste in part 261, Subpart D, solely because it is ignitable (Hazard
Code I), corrosive (Hazard Code C), or both; or
(ii) Listed as a hazardous waste in part 261,
Subpart D, solely because it is reactive (Hazard Code R) for characteristics
other than those listed in 261.23(a)(4) and (5), and will not be burned when
other hazardous wastes are present in the combustion zone; or
(iii) A hazardous waste solely because it
possesses the characteristic of ignitability, corrosivity, or both, as
determined by the test for characteristics of hazardous wastes under part 261,
Subpart C; or
(iv) A hazardous
waste solely because it possesses any of the reactivity characteristics
described by 261.23(a)(1), (2), (3), (6), (7), and (8), and will not be burned
when other hazardous wastes are present in the combustion zone; and
(2) If the waste analysis shows
that the waste contains none of the hazardous constituents listed in part 261,
Appendix VIII, which would reasonably be expected to be in the waste.
(d) The owner or operator of an
incinerator may conduct trial burns subject only to the requirements of
R.61-79.270.62 (Short Term and Incinerator Permits).
(e) The owner or operator of an incinerator
may conduct trial burns subject only to the requirements of Section270.62
(hazardous waste incinerator permits).
