[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR266.109]

[Page 43-44]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND 
SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES--Table of Contents
 
  Subpart H--Hazardous Waste Burned in Boilers and Industrial Furnaces
 
Sec. 266.109  Low risk waste exemption.

    (a) Waiver of DRE standard. The DRE standard of Sec. 266.104(a) does 
not apply if the boiler or industrial furnace is operated in conformance 
with (a)(1) of this section and the owner or operator demonstrates by 
procedures prescribed in (a)(2) of this section that the burning will 
not result in unacceptable adverse health effects.
    (1) The device shall be operated as follows:
    (i) A minimum of 50 percent of fuel fired to the device shall be 
fossil fuel, fuels derived from fossil fuel, tall oil, or, if approved 
by the Director on a case-by-case basis, other nonhazardous fuel with 
combustion characteristics comparable to fossil fuel. Such fuels are 
termed ``primary fuel'' for purposes of this section. (Tall oil is a 
fuel derived from vegetable and rosin fatty acids.) The 50 percent 
primary fuel firing rate shall be determined on a total heat or mass 
input basis, whichever results in the greater mass feed rate of primary 
fuel fired;
    (ii) Primary fuels and hazardous waste fuels shall have a minimum 
as-fired heating value of 8,000 Btu/lb;
    (iii) The hazardous waste is fired directly into the primary fuel 
flame zone of the combustion chamber; and
    (iv) The device operates in conformance with the carbon monoxide 
controls provided by Sec. 266.104(b)(1). Devices subject to the 
exemption provided by this section are not eligible for the alternative 
carbon monoxide controls provided by Sec. 266.104(c).
    (2) Procedures to demonstrate that the hazardous waste burning will 
not pose unacceptable adverse public health effects are as follows:
    (i) Identify and quantify those nonmetal compounds listed in 
appendix VIII, part 261 of this chapter that could reasonably be 
expected to be present in the hazardous waste. The constituents excluded 
from analysis must be identified and the basis for their exclusion 
explained;
    (ii) Calculate reasonable, worst case emission rates for each 
constitutent identified in paragraph (a)(2)(i) of this section by 
assuming the device achieves 99.9 percent destruction and removal 
efficiency. That is, assume that 0.1 percent of the mass weight of each 
constitutent fed to the device is emitted.
    (iii) For each constituent identified in paragraph (a)(2)(i) of this 
section, use emissions dispersion modeling to predict the maximum annual 
average ground level concentration of the constituent.
    (A) Dispersion modeling shall be conducted using methods specified 
in Sec. 266.106(h).
    (B) Owners and operators of facilities with more than one on-site 
stack from a boiler or industrial furnace that is

[[Page 44]]

exempt under this section must conduct dispersion modeling of emissions 
from all stacks exempt under this section to predict ambient levels 
prescribed by this paragraph.
    (iv) Ground level concentrations of constituents predicted under 
paragraph (a)(2)(iii) of this section must not exceed the following 
levels:
    (A) For the noncarcinogenic compounds listed in appendix IV of this 
part, the levels established in appendix IV;
    (B) For the carcinogenic compounds listed in appendix V of this 
part, the sum for all constituents of the ratios of the actual ground 
level concentration to the level established in appendix V cannot exceed 
1.0; and
    (C) For constituents not listed in appendix IV or V, 0.1 micrograms 
per cubic meter.
    (b) Waiver of particular matter standard. The particulate matter 
standard of Sec. 266.105 does not apply if:
    (1) The DRE standard is waived under paragraph (a) of this section; 
and
    (2) The owner or operator complies with the Tier I or adjusted Tier 
I metals feed rate screening limits provided by Sec. 266.106 (b) or (e).

[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991, as amended at 56 
FR 42515, Aug. 27, 1991]