[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR266.109]



[Page 43-44]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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]