Current through Register Vol. 48, 12, December 27, 2024
(a)
The regulations of this Subpart apply to hazardous waste burned or processed in
a boiler or industrial furnace (as defined in 260.10) irrespective of the
purpose of burning or processing, except as provided by paragraphs (b), (c),
(d), (g) and(h) of this section. In this subpart the term "burn" means burning
for energy recovery or destruction, or processing for materials recovery or as
an ingredient. The emissions standards of 266.104, 266.105, 266.106, and
266.107 apply to facilities operating under interim status or under a permit as
specified in R.61-79.266.102 and 266.103.
(b) Integration of the MACT standards.
(1) Except as provided by (b)(2), (b)(3), and
(b)(4) of this section, the standards do not apply to a new hazardous waste
boiler or industrial furnace 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 boiler or industrial furnace unit
demonstrates compliance with the maximum achievable control technology (MACT)
requirements of 40 CFR part 63 , Subpart EEE, by conducting a comprehensive
performance test and submitting to the Department a Notification of Compliance
under 63.1207(j) and 63.1210(d) documenting compliance with the requirements of
40 CFR part 63 , Subpart EEE. Nevertheless, even after this demonstration of
compliance with the MACT standards, RCRA permit conditions that were based on
the standards 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) The
following standards continue to apply:
(i) If
you elect to comply with 270.235(a)(1)(i) to minimize emissions of toxic
compounds from startup, shutdown, and malfunction events, 266.102(e)(1)
requiring operations in accordance with the operating requirements specified in
the permit at all times that hazardous waste is in the unit, and
266.102(e)(2)(iii) 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. These provisions
apply only during startup, shutdown, and malfunction events;
(ii) The closure requirements of
266.102(e)(11) and 266.103(l);
(iii) The standards for direct transfer of
266.111;
(iv) The standards for
regulation of residues of 266.112; and
(v) The applicable requirements of Subparts A
through H, BB and CC of parts 264 and 265.
(3) If you own or operate a boiler or
hydrochloric acid production furnace that is an area source under section 63.2
and you elect not to comply with the emission standards under sections 63.1216,
63.1217, and 63.1218 for particulate matter, semivolatile and low volatile
metals, and total chlorine, you also remain subject to:
(i) 266.105--Standards to control particulate
matter;
(ii) 266.106--Standards to
control metals emissions, except for mercury; and
(iii) 266.107--Standards to control hydrogen
chloride and chlorine gas.
(4) The particulate matter standard of
266.105 remains in effect for boilers that elect to comply with the alternative
to the particulate matter standard under sections 63.1216(e) and
63.1217(e).
(c) The
following hazardous wastes and facilities are not subject to regulation under
this Subpart: (9/01)
(1) Used oil burned for
energy recovery that is also a hazardous waste solely because it exhibits a
characteristic of hazardous waste identified in Subpart C of 261. Such used oil
is subject to regulation under R.61-107.279;
(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 sections 261.4 and 261.6(a)(3)(iii) and (vi), and hazardous
wastes that are subject to the special requirements for very small quantity
generators under section 262.14; and
(4) Coke ovens, if the only hazardous waste
burned is EPA Hazardous Waste No. 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 this Subpart,
except for 266.101 and 266.112. (9/01)
(1) To
be exempt from 266.102 through 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 (d)(3), and owners or operators of lead recovery furnaces that
are subject to regulation under the Secondary Lead Smelting NESHAP must comply
with the requirements of (h).
(i) Provide a
one-time written notice to the Department indicating the following:
(A) The owner or operator claims exemption
under this paragraph;
(B) The
hazardous waste is burned solely for metal recovery consistent with the
provisions of paragraph (c)(2) of this section;
(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 paragraph;
(ii) Sample and analyze the hazardous waste
and other feedstocks as necessary to comply with the requirements of this
paragraph under procedures specified by Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods, SW-846, incorporated by reference in 260.11
of this chapter 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 feedstocks.
(iii)
Maintain at the facility for at least three years records to document
compliance with the provisions of this paragraph 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 part 261,
Appendix VIII, of this chapter exceeding 500 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 500 ppm limit by bona fide
treatment that removes or destroys organic constituents. Blending for dilution
to meet the 500 ppm limit is prohibited and documentation that the waste has
not been impermissibly diluted must be retained in the records required by
(d)(1)(iii); or (12/93)
(ii) The
hazardous waste has a heating value of 5,000 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 5,000 Btu/lb limit by bona fide treatment that
removes or destroys organic constituents. Blending for dilution to meet the
5,000 Btu/lb limit is prohibited and documentation that the waste has not been
impermissibly diluted must be retained in the records required by
(d)(1)(iii).
(3) To be
exempt from 266.102 through 266.111, 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, must provide a one-time written
notice to the Department identifying each hazardous waste burned and specifying
whether the owner or operator claims an exemption for each waste under this
paragraph or paragraph (d)(1). The owners or operator must comply with the
requirements of paragraph (d)(1) of this section 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 (d)(3)(i). (12/93, 5/96)
(i) The hazardous wastes listed in Appendices
XI, XII, and XIII, part 266, and baghouse bags used to capture metallic dusts
emitted by steel manufacturing are exempt from the requirements of paragraph
(d)(1) of this section, provided that: (12/93; 5/96)
(A) A waste listed in appendix XI must
contain recoverable levels of lead, a waste listed in appendix XII of this part
must contain recoverable levels of nickel or chromium, a waste listed in
appendix XIII of this part must contain recoverable levels of mercury and
contain less than 500 ppm of R.61-70.261, Appendix VIII organic constituents,
and baghouse bags used to capture metallic dusts emitted by steel manufacturing
must contain recoverable levels of metal; and (revised 5/96)
(B) The waste does not exhibit the Toxicity
Characteristic of Section261.24 of this chapter for an organic constituent;
and
(C) The waste is not a
hazardous waste listed in subpart D of part 261 of this chapter because it is
listed for an organic constituent as identified in appendix VII of part 261 of
this chapter; and
(D) The owner or
operator certifies in the one-time notice that hazardous waste is burned under
the provisions of (d)(3) of this section 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 (d)(1)(ii) of this section and records to document
compliance with (d)(3) of this section shall be kept for at least three
years.
(ii) The
Department may decide on a case-by-case basis that the toxic organic
constituents in a material listed in appendix XI, XII, or XIII of this part
that contains a total concentration of more than 500 ppm toxic organic
compounds listed in appendix VIII, part 261 of this chapter, may pose a hazard
to human health and the environment when burned in a metal recovery furnace
exempt from the requirements of this subpart. In that situation, after adequate
notice and opportunity for comment, the metal recovery furnace will become
subject to the requirements of this subpart when burning that material. In
making the hazard determination, the Department will consider the following
factors: (added 12/93; revised 5/96)
(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 of this part 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 266.111 apply only to facilities
subject to the permit standards of 266.102 or the interim status standards of
266.103. (9/01)
(f) The management
standards for residues under 266.112 apply to any boiler or industrial furnace
burning 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 this subpart, except for 266.112. To
be exempt from 266.101 through 266.111 an owner or operator must: (12/93, 9/01)
(1) Provide a one-time written notice to the
Department indicating the following:
(i) The
owner or operator claims exemption under this paragraph;
(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 260.11 of this
chapter 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.
(h) Starting June
23, 1997, 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
this subpart, except for 266.101. To be exempt, an owner or operator must
provide a one-time notice to the Department identifying each hazardous waste
burned and specifying that the owner or operator claims an exemption under this
paragraph. The notice also must state that the waste burned has a total
concentration of non-metal compounds listed in part 261 Appendix VIII of less
than 500 ppm by weight, as fired and as provided in paragraph (d)(2)(i), or is
listed in Appendix XI.
