R315-266-100. Hazardous Waste Burned in Boilers and Industrial Furnaces -- Applicability

  (a) The regulations of Sections R315-266-100 through 112 apply to hazardous waste burned or processed in a boiler or industrial furnace, as defined in Section R315-260-10, irrespective of the purpose of burning or processing, except as provided by Subsections R315-266-100(b), (c), (d), (g), and (h). In Sections R315-266-100 through 112, the term "burn" means burning for energy recovery or destruction, or processing for materials recovery or as an ingredient. The emissions standards of Subsections R315-266-104, 105 through 107 apply to facilities operating under interim status or under a RCRA permit as specified in Subsections R315-266-102 and 103.

  (b) Integration of the MACT standards.

  (1) Except as provided by Subsections R315-266-100(b)(2), (b)(3), and (b)(4), the standards of Rule R315-266 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 Subsection R307-214-2(39), which incorporates 40 CFR 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 63.1210(d),which are incorporated by Subsection R307-214-2(29), documenting compliance with the requirements of Subsection R307-214-2(29), which incorporates 40 CFR 63, subpart EEE. Nevertheless, even after this demonstration of compliance with the MACT standards, RCRA permit conditions that were based on the standards of Rule R315-266 shall 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 Subsection R315-270-235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events, Subsection R315-266-102(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 Subsection R315-266-102(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 Subsections R315-266-102(e)(11) and 103(l);

  (iii) The standards for direct transfer of Section R315-266-111;

  (iv) The standards for regulation of residues of Section R315-266-112; and

  (v) The applicable requirements of Sections R315-264-1 through 151, 1050 through 1065 and 1080 through 1090 and 40 CFR 265.1 through 150, 1050 through 1064, and 1080 through 1090, which are adopted by reference.

  (3) If you own or operate a boiler or hydrochloric acid production furnace that is an area source under 40 CFR 63.2 and you elect not to comply with the emission standards under 40 CFR 63.1216, 63.1217, and 63.1218 for particulate matter, semivolatile and low volatile metals, and total chlorine, you also remain subject to:

  (i) Section R315-266-105-Standards to control particulate matter;

  (ii) Section R315-266-106-Standards to control metals emissions, except for mercury; and

  (iii) Section R315-266-107-Standards to control hydrogen chloride and chlorine gas.

  (4) The particulate matter standard of Section R315-266-105 remains in effect for boilers that elect to comply with the alternative to the particulate matter standard under 40 CFR 63.1216(e) and 63.1217(e).

  (c) The following hazardous wastes and facilities are not subject to regulation under Sections R315-266-100 through 112:

  (1) Used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in Sections R315-261-20 through 24. Such used oil is subject to regulation under Rule R315-15;

  (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 R315-261-4 and Subsections R315-261-6(a)(3)(iii) and (iv), and hazardous wastes that are subject to the special requirements for conditionally exempt small quantity generators under Section R315-261-5; and

  (4) Coke ovens, if the only hazardous waste burned is EPA Hazardous Waste No. K087, decanter tank tar sludge from coking operations.

  (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 Sections R315-266-100 through 112, except for Sections R315-266-101 and 266-112.

  (1) To be exempt from Sections R315-266-102 through 111, 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 the requirements of Subsection R315-266-100(d)(3), and owners or operators of lead recovery furnaces that are subject to regulation under the Secondary Lead Smelting NESHAP shall comply with the requirements of Subsection R315-266-100(h).

  (i) Provide a one-time written notice to the Director indicating the following:

  (A) The owner or operator claims exemption under Subsection R315-266-100(d);

  (B) The hazardous waste is burned solely for metal recovery consistent with the provisions of Subsection R315-266-100(d)(2);

  (C) The hazardous waste contains recoverable levels of metals; and

  (D) The owner or operator shall comply with the sampling and analysis and recordkeeping requirements of Subsection R315-266-100(d);

  (ii) Sample and analyze the hazardous waste and other feedstocks as necessary to comply with the requirements of Subsection R315-266-100(d) by using appropriate methods; and

  (iii) Maintain at the facility for at least three years records to document compliance with the provisions of Subsection R315-266-100(d) 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 Rule R315-261, appendix VIII, 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 shall be retained in the records required by Subsection R315-266-100(d)(1)(iii); or

  (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 shall be retained in the records required by Subsection R315-266-100(d)(1)(iii).

  (3) To be exempt from Sections R315-266-102 through 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, shall 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 Subsection R315-266-100(d)(3) or Subsection R315-266-100(d)(1). The owners or operator shall comply with the requirements of Subsection R315-266-100(d)(1) for those wastes claimed to be exempt under Subsection R315-266-100(d)(1) and shall comply with the requirements below for those wastes claimed to be exempt under Subsection R315-266-100(d)(3).

  (i) The hazardous wastes listed in appendices XI, XII, and XIII, of Rule R315-266, and baghouse bags used to capture metallic dusts emitted by steel manufacturing are exempt from the requirements of Subsection R315-266-100(d)(1), provided that:

  (A) A waste listed in appendix XI of Rule R315-266 shall contain recoverable levels of lead, a waste listed in appendix XII of Rule R315-266 shall contain recoverable levels of nickel or chromium, a waste listed in appendix XIII of Rule R315-266 shall contain recoverable levels of mercury and contain less than 500 ppm of Rule R315-261, appendix VIII organic constituents, and baghouse bags used to capture metallic dusts emitted by steel manufacturing shall contain recoverable levels of metal; and

  (B) The waste does not exhibit the Toxicity Characteristic of Section R315-261-24 for an organic constituent; and

  (C) The waste is not a hazardous waste listed in Sections R315-261-30 through 35 because it is listed for an organic constituent as identified in appendix VII of Rule R315-261; and

  (D) The owner or operator certifies in the one-time notice that hazardous waste is burned under the provisions of Subsection R315-266-100(d)(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 Subsection R315-266-100(d)(1)(ii) and records to document compliance with Subsection R315-266-100(d)(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 of Rule R315-266 that contains a total concentration of more than 500 ppm toxic organic compounds listed in appendix VIII, of Rule R315-261, may pose a hazard to human health and the environment when burned in a metal recovery furnace exempt from the requirements of Sections R315-266-100 through 112. In that situation, after adequate notice and opportunity for comment, the metal recovery furnace shall become subject to the requirements of Sections R315-266-100 through 112 when burning that material. In making the hazard determination, the Director shall 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 of Rule R315-266 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 Section R315-266-111 apply only to facilities subject to the permit standards of Section R315-266-102 or the interim status standards of Section R315-266-103.

  (f) The management standards for residues under Section R315-266-112 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 Sections R315-266-100 through 111. To be exempt from Sections R315-266-101 through 111, an owner or operator shall:

  (1) Provide a one-time written notice to the Director indicating the following:

  (i) The owner or operator claims exemption under Subsection R315-266-100(g);

  (ii) The hazardous waste is burned for legitimate recovery of precious metal; and

  (iii) The owner or operator shall comply with the sampling and analysis and recordkeeping requirements of Subsection R315-266-100(g); 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 metal; 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 Section R315-266-100 through 112, except for Subsection R315-266-101. To be exempt, an owner or operator shall provide a one-time notice to the Director identifying each hazardous waste burned and specifying that the owner or operator claims an exemption under Subsection R315-266-100(h). The notice also shall state that the waste burned has a total concentration of non-metal compounds listed in Rule R315-261, appendix VIII, of less than 500 ppm by weight, as fired and as provided in Subsection R315-266-100(d)(2)(i), or is listed in appendix XI to Rule R315-266.