R 299.9808 Management of hazardous waste burned in boilers and industrial furnaces.

Rule 808. (1) The requirements of this rule apply to hazardous waste that is burned or processed in a boiler or industrial furnace irrespective of the purpose of the burning or processing, except as noted in subrules (2) to (4) of this rule. For this rule, the term "burn" means burning hazardous waste for energy recovery or destruction or processing hazardous waste for materials recovery or as an ingredient. (2) The following hazardous wastes and facilities are not subject to this rule: (a) Used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in R 299.9212. The used oil is subject to regulation under R 299.9809 to R 299.9816. (b) Gas recovered from hazardous waste or solid waste landfills when the gas is burned for energy recovery. (c) Hazardous wastes that are exempt from regulation under R 299.9204 and R 299.9206(3)(c) to (f), and hazardous wastes that are subject to the special requirements for very small quantity generators pursuant to R 299.9304. (d) Coke ovens, if the only hazardous waste burned in an oven is K087. (3) The following owners or operators are not subject to regulation under this rule, except as noted: (a) An owner or operator of a smelting, melting, and refining furnace, including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, that processes hazardous waste solely for metal recovery is exempt from regulation under this rule, except for the requirements of subrules (6) and (8) of this rule, if the owner or operator complies with the requirements of 40 CFR 266.100(d). The exemption does not apply to cement kilns, aggregate kilns, or halogen acid furnaces that process hazardous waste solely for metals recovery. (b) An owner or operator of a smelting, melting, and refining furnace, including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, that processes 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 the metals, is exempt from regulation under this rule, except for the requirements of subrule (8) of this rule, if the owner or operator complies with the requirements of 40 CFR 266.100(g). (c) An owner or operator of a facility that burns, in an on-site boiler or industrial furnace that is exempt from regulation under the small quantity provisions of 40 CFR 266.108, hazardous waste that the facility has generated is exempt from regulation under parts 5 to 7 of these rules for storage units that store mixtures of hazardous waste and the primary fuel to the boiler or industrial furnace in tanks that feed the fuel mixture directly to the burner. The storage of hazardous waste before mixing it with the primary fuel is subject to subrule (6) of this rule. (d) An owner or operator of a facility that burns hazardous waste in an on-site boiler or industrial furnace, if all the small quantity exemption criteria outlined in 40 CFR 266.108 are met. (4) Except as noted in this subrule, part 8 of these rules does not apply to owners and operators of a new cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that becomes subject to the license requirements of these rules after October 12, 2005, or to owners or operators of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace if the owner or operator demonstrates compliance with the air emission standards and limitations in 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 63.1210(d) that documents compliance with the requirements of 40 CFR part 63, subpart EEE. Nevertheless, after this compliance demonstration is made, the operating license conditions that are based on the standards of part 8 of these rules continue to be in effect until they are removed from the operating license or the operating license is terminated or revoked, unless the operating license expressly provides otherwise. The director may apply this subrule and subrule (5) of this rule, on a case-by-case basis, for collecting information pursuant to R 299.9504(18) and (20) and R 299.9521(3)(b) and (c). (5) The maximum achievable control technology standards of 40 CFR part 63, subpart EEE, do not supersede any of the following requirements: (a) R 299.9601, R 299.9605 to R 299.9610, R 299.9612, R 299.9613, R 299.9630, R 299.9631, R 299.9808(8), and part 7 of these rules and 40 CFR part 265, subparts A to D, F, G, BB, and CC, and 266.102(e)(11), 266.103(l), 266.111, 266.112, except 266.112(a) and (c), as applicable. (b) The particulate matter standard of 40 CFR 266.105 if the owner or operator elects to comply with the alternative to the particulate matter standard under 40 CFR 63.1216(e) and 63.1217(e). (c) The following requirements remain in effect for startup, shutdown, and malfunction events even if a person elects to comply with 40 CFR 270.235(a)(1)(i) to minimize emissions of toxic compounds from these events, or for source areas if a person elects to comply with 40 CFR 266.105 to 266.107 and the associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non-mercury metals: (i) The requirements of 40 CFR 266.102(e)(1) that require that a boiler or industrial furnace operate pursuant to the operating requirements specified in the operating license at all times that hazardous waste is in the unit. (ii) The requirements of 40 CFR 266.102(e)(2)(iii) that require 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. (d) The following requirements remain in effect for owners or operators of a boiler or hydrochloric acid production furnace that is an area source under 40 CFR 63.2 if the owner or operator does not elect 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: (i) The requirements of 40 CFR 266.105. (ii) The requirements of 40 CFR 266.106. (iii) The requirements of 40 CFR 266.107. (6) A generator and a transporter of hazardous waste that is burned in a boiler or industrial furnace shall comply with parts 3 and 4 of these rules, respectively. (7) An owner or operator of a facility that stores hazardous waste that is burned in a boiler or industrial furnace shall comply with the applicable requirements of parts 5 to 7 of these rules. The requirements of parts 5 to 7 of these rules apply to the storage by the burner and to storage facilities operated by intermediaries, including processors, blenders, distributors, between the generator and the burner. (8) An owner or operator of a boiler or an industrial furnace that burns hazardous waste shall comply with the applicable requirements of parts 5 to 7 of these rules and 40 CFR part 266, subpart H and appendices I to XIII; except 266.100(a) and (b), 266.101, 266.102(a), and 266.112(a) and (c); and 270.66. (9) A residue derived from the burning or processing of hazardous waste in a boiler or industrial furnace is not excluded from the definition of hazardous waste under R 299.9204(2)(d), (i), and (k), unless the device and the owner or operator complies with all the following requirements: (a) The device meets the following criteria: (i) If the device is a boiler, it must burn not less than 50% coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal. (ii) If the device is an industrial furnace subject to R 299.9204(2)(i), it must process not less than 50%, by weight, normal, nonhazardous raw materials. (iii) If the device is a cement kiln, it must process not less than 50%, by weight, normal cement production raw materials. (b) The owner or operator demonstrates, in writing, to the director's satisfaction, that the hazardous waste does not significantly affect the residue by demonstrating conformance with the criteria outlined in 40 CFR 266.112(b). (c) Records sufficient to document compliance with this subrule must be retained until closure of the boiler or industrial furnace unit. At a minimum, the following information must be included in the records, as applicable: (i) The levels of constituents in 40 CFR part 261, appendix VIII, that are present in waste-derived residues. (ii) If the waste-derived residue is compared with normal residue under this subrule, then all the following information must be documented in the records: (A) The levels of constituents in 40 CFR part 261, appendix VIII, that are present in normal residues. (B) Data and information, including analyses of samples as necessary, that were obtained to determine if changes in raw materials or fuels would reduce the concentration of toxic constituents of concern in the normal residue. (10) 40 CFR parts 265, subparts A to D, F, G, BB, and CC, and 266, subpart H and appendices I to XIII, except 40 CFR 266.100(a) and (b), 266.101, 266.102(a), and 266.112(a) and (c), 40 CFR 270.66, and 270.235(a)(1)(i) are adopted by reference in R 299.11003. For 40 CFR part 266, subpart H and 270.66, the term "director" replaces the term "regional administrator."