RCRA REVISION CHECKLIST 96

Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments II
56 FR 42504-42517
August 27, 1991
(RCRA Cluster II, HSWA and non-HSWA provisions)

Notes:  1)  The notice addressed by this checklist makes several technical amendments to the final rule addressed by Revision Checklist 85 (56 FR 7134, February 21, 1991) and Revision Checklist 94 (56 FR 32688, July 17, 1991).  These revisions provide clarification and correct unintended consequences of the Boilers and Industrial Furnaces (BIF) rule.  This notice also adds two new appendices, Appendix XI and Appendix XII, to the code.  Technical corrections to several sections (i.e., 261.2(d), 261.3(c)(2)(ii)(B), 266.103(a)(5)(i)(D), 266.103(b)(5)(i)(A) and Appendix IX to Part 266) were already addressed in Revision Checklist 94.  However, for completeness, these corrections (except the incorrect referral to 261.3(c)(2)(ii)(8) instead of 261.3(c)(2)(ii)(B)) are repeated in this checklist and identified in the endnotes.  Technical corrections which address only the italicizing format of a citation (266.102(e)(4)(ii)(C)(1), 266.102(e)(4)(ii)(C)(2), 266.102(e)(4)(ii)(C)(3), 266.102(e)(4)(iii)(C)(1) and 266.102(e)(4)(iii)(C)(2)) are not included in this checklist.

2)  Note that the Federal Register for this rule corrects typographical errors in certain headings at 56 FR 32692 in the July 17, 1991 Federal Register (Revision Checklist 94) [i.e., the "§266.4" should be "§266.40", and the "§270.33" should be "§270.73"].  However, no additional changes were made to the paragraphs by this rule, therefore they have not been included in this revision checklist. 

3)  Note that on September 5, 1991 (56 FR 48874; Revision Checklist 98), an administrative stay of the permitting standards as they apply to coke ovens burning certain hazardous wastes was published affecting the February 21, 1991 (56 FR 7134; Revision Checklist 85) final rule.  The changes addressed by that checklist are optional.  However, the final rule addressed by Revision Checklist 105 (June 22, 1992; 57 FR 27880) removed the September 5, 1991 administrative stay.

4)  States which are not authorized for Revision Checklists 85 and 94 are strongly encouraged to adopt these present technical corrections and the ones addressed by Revision Checklists 111 and 114, as appropriate for the State's schedule, at the same time the requirements addressed by Revision Checklists 85 and 94 are adopted.  States already authorized for the provisions addressed by Revision Checklists 85 and 94 should adopt the Revision Checklist 96, 111 and 114 technical corrections/amendments as soon as possible.

	
				STATE ANALOG IS:	
		     ANALOGOUS	  EQUIV-	   MORE	BROADER
   FEDERAL REQUIREMENT     | 	FEDERAL RCRA CITATION    |	   STATE CITATION	| ALENT  |	STRINGENT |	IN SCOPE	

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A - GENERAL

		DEFINITION OF SOLID WASTE	 
at the end of 
paragraph, add 
exception for 
brominated material
that meets certain
criteria	261.2(d)(2)	
material must
contain a bromine
concentration of at
least 45%	261.2(d)(2)(i)	
material must 
contain less than
a total of 1% of
toxic organic 
compounds listed
in Appendix VIII	261.2(d)(2)(ii)	
material is processed
continually on-site
in the halogen acid
furnace via direct
conveyance	261.2(d)(2)(iii)	

PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART G - CLOSURE AND POST-CLOSURE

CLOSURE PLAN; AMENDMENT OF PLAN	 
		remove introductory
clause; restructure 
paragraph to create
(d)(2), (d)(2)(i) and
remove last sentence
replacing it with
"; or"; add (d)(2)(ii)	265.112(d)(2)	
addressing provisions
for units meeting	265.112(d)(2)(i)	
265.113(d)
requirements 	265.112(d)(2)(ii)	

CLOSURE; TIME ALLOWED FOR CLOSURE	 
		add text regarding 
the final volume of
nonhazardous waste;
remove text 
regarding the 
90-day requirement
for a boiler or
industrial furnace 	265.113(a)	
		add text regarding 
the final volume of
nonhazardous waste;
remove text 
regarding the 
90-day requirement
for a boiler or
industrial furnace 	265.113(b)	

PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES

APPLICABILITY	 
add "(f)" to
list of references in
the first sentence	266.100(a)	
add text restricting
exemption for metal
recovery furnaces and
subjecting an 
owner or operator 
of a lead or a
nickel-chromium
recovery furnace, or
certain metal 
recovery furnaces
to 266.100(c)(3)
requirements	266.100(c)(1)	
add text 
regarding alternative
methods that meet
or exceed SW-846 
method performance
capabilities; situation
where "best available 
method" is used	266.100(c)(1)(ii)	
replace 
"as-generated" with
"as-fired";
add additional
text regarding
the reduction of
organic compound
concentration 
to the 500 ppm 
limit by bona fide
treatment; blending
for dilution to meet
the 500 ppm limit 
is prohibited;
retention of
documentation that
waste not 
impermissibly 
diluted in
records required by
266.100(c)(1)(iii)	266.100(c)(2)(i)	
replace 
"as-generated" with
"as-fired";
add additional
text regarding
the reduction of
the heating value 
to below 5,000 Btu/lb
by bona fide
treatment; blending
for dilution to meet
the 5,000 Btu/lb limit
is prohibited;
retention of
documentation that
waste not 
impermissibly 
diluted in
records required by
266.100(c)(1)(iii)	266.100(c)(2)(ii)	
add new paragraph
regarding requirements
for exemption
from 266.102 
through 266.111 for
owner or operator
of certain 
metal recovery 
furnaces; written 
notice to director;
266.100(c)(1)
compliance	266.100(c)(3)	
exemption from 
266.100(c)(1)
requirements for
hazardous wastes
listed in Appendices
XI and XII, Part 266,
and baghouse bags
used to capture 
metallic dusts 
emitted by steel 
manufacturing, 
provided:	266.100(c)(3)(i)	
waste contains
recoverable levels
of specified metals	266.100(c)(3)(i)(A)	
waste does not
exhibit the Toxicity
Characteristic of
261.24 for an
organic constituent	266.100(c)(3)(i)(B)	
waste is not a
hazardous waste 
listed in Part 261
Subpart D because it
is listed for an 
organic constituent
as identified in
Appendix VII of 
Part 261	266.100(c)(3)(i)(C)	
certification by
owner or operator
under 266.100(c)(3)
regarding hazardous 
waste; sampling and
analysis or other
information to assure
compliance; sampling
and analysis con-
ducted according to 
266.100(c)(1)(ii); 
maintain records to 
document compliance 
with (c)(3) for at
least three years	266.100(c)(3)(i)(D)	
basis for 
case-by-case 
decisions regarding
toxic organic 
constituents;
metal recovery 
furnace subject to
Subpart H require-
ments after adequate
notice and 
opportunity for
comment; factors 
Director will
consider:	266.100(c)(3)(ii)	
concentration and
toxicity of organic 
constituents in the
material	266.100(c)(3)(ii)(A)	
level of destruction
of toxic constituents
provided by the 
furnace	266.100(c)(3)(ii)(B)	
acceptable ambient
levels established
in Appendices IV 
or V exceeded for
any toxic organic 
compound that may
be emitted based on
certain conditions	266.100(c)(3)(ii)(C)	
		conditional exemption
from Subpart H 
requirements for 
owners or operators
of certain smelting,
melting, and refining
furnaces, except 
for 266.112;
to be exempt from
266.101 through
266.111, an owner
or operator must:	266.100(f)	
provide a
one-time written 
notice indicating:	266.100(f)(1)	
owner or operator
claims 266.100(f)
exemption 	266.100(f)(1)(i)	
hazardous waste is
burned for legitimate
recovery of
precious metal	266.100(f)(1)(ii)	
compliance with 
266.100(f) sampling  
and analysis and 
recordkeeping 
requirements 	266.100(f)(1)(iii)	
sample and analyze
hazardous waste as
necessary using
specified procedures	266.100(f)(2)	
maintain specified
records at facility for
at least three years	266.100(f)(3)	

PERMIT STANDARDS FOR BURNERS	 
insert sentence 
regarding alternative
methods and best 
available method after
"...see §260.11 of 
this chapter)."	266.102(b)(1)	
replace "for not less 
than three years" with
"until closure
of the facility"	266.102(e)(10)	

INTERIM STATUS STANDARDS FOR BURNERS	 
replace "Hazardous
waste listed for 
dioxin or derived from 
any of the following
dioxin-listed wastes"
with "The following
hazardous waste 
listed for dioxin and
hazardous waste 
derived from any of 
these wastes" at the
beginning of
paragraph 	266.103(a)(3)	
replace "and" after
"discharged" with "or"	266.103(a)(5)	
		change "(c)(7)(ii)"
to "(c)(5)"	266.103(a)(5)(i)(D)	
replace "as-generated"
with "as-fired"; remove
parentheses around 
the phrase beginning
with "and so is..." and
add period at end of
phrase; insert text 
regarding 1) the 
reduction of the 
concentration of 
nonmetal compounds
to the 500 ppm limit
by bona fide treat-
ment, and 2) blending
for dilution to meet
the 500 ppm limit 
prohibited; 
retention of
documentation that
the waste has not 
been impermissibly 
diluted in
facility record	266.103(a)(5)(ii)(A)	
remove "as-generated 
or" before "as-fired";
remove parentheses
around the phrase 
beginning with "and
so is..."; add text
regarding 1) the 
reduction of
the heating value of 
a waste as-generated 
to below 5,000 Btu/lb
limit by bona fide
treatment, and 2) 
blending to augment 
heating value to meet
the 5,000 Btu/lb limit
prohibited;
retention of
documentation that
the waste has not 
been impermissibly 
blended in
facility record	266.103(a)(5)(ii)(B)	
restructure
paragraph by
breaking it into 
(a)(6), and (a)(6)(i)-(iv)
and revising old
266.103(a)(6) as
follows: remove 
verbiage between "not
feed hazardous 
waste" and "that has 
a heating value less";
revise rest of para-
graph after "5,000 
Btu/lb; as generated" 
by replacing it with
parenthetical phrase
addressing situation
where 5,000 Btu/lb 
limit can be exceeded;
exceptions: 
paragraphs as
indicated below	266.103(a)(6)	
hazardous waste 
burned solely as 
an ingredient	266.103(a)(6)(i)	
hazardous waste 
burned for purposes
of compliance testing
for a total period
of time not to 
exceed 720 hours	266.103(a)(6)(ii)	
waste burned if
Director has
documentation to
show that, prior
to August 21, 1991:	266.103(a)(6)(iii)	
boiler or industrial
furnace operating
under Part 265, 
Subpart O or P
requirements	266.103(a)(6)(iii)(A)	
boiler or industrial
furnace met 270.70
interim status 
eligibility
requirements for 
Part 265, Subpart O 
or Subpart P	266.103(a)(6)(iii)(B)	
hazardous waste 
with a heating value
less than 
5,000 Btu/lb
burned prior to
August 21, 1991	266.103(a)(6)(iii)(C)	
such waste burned
in halogen acid
furnace if waste 
burned as an 
excluded ingredient
under 261.2(e) prior
to February 21, 1991
and documentation
kept on file	266.103(a)(6)(iv)	
		insert "and recorded"
after "monitored"	266.103(b)(5)(i)(A)	
remove "operating"
before "record";
insert "records and"
before "locations"	266.103(b)(6)(viii)	
insert "The 
administrative record
kept by the" before 
"Agency" at the 
beginning of the
paragraph	266.103(b)(6)(viii)(A)	
insert "The BIF
correspondence file
kept at" before
"The facility";
add sentence 
specifying what the
correspondence file
must include	266.103(b)(6)(viii)(B)	
insert
"and the applicable 
emissions standards
of §§ 266.104(b) 
through (e), 266.105,
266.106, 266.107, and
266.103(a)(5)(i)(D)"
after "operating
limits";
remove "until an
operating permit
is issued" from the
end of the paragraph	266.103(c)(1)	
at end add text
regarding 
case-by-case 
approval to use 
compliance test data
from one unit in lieu 
of testing a similar 
on-site unit; 
information required
to support owner or
operator request;
approval based on
meeting 266.103(c)
requirements	266.103(c)(3)(i)	
add text
regarding criteria
for compliance with
266.103(l), 
265.112(d)(2) and
265.113 provisions 	266.103(e)	
replace "for a period
of three years" with
"until closure of the
boiler or industrial
furnace unit"	266.103(k)	

STANDARDS TO CONTROL ORGANIC EMISSIONS	 
		insert "("
before "2.2"	266.104(e)(4)	

SMALL QUANTITY ON-SITE BURNER EXEMPTION	 
replace 
"volume basis" with
"total heat input
or mass input basis,
whichever results
in the lower mass
feed rate of
hazardous waste"	266.108(a)(2)	

LOW RISK WASTE EXEMPTION	
replace "of" after
"Director" with "on";
replace "volume input"
with "mass input";
replace 
"larger volume"
with "greater mass
feed rate"	266.109(a)(1)(i)	

WAIVER OF DRE TRIAL BURN FOR BOILERS	
replace "the boiler"
with "the device";
replace "volume input"
with "mass input";
replace "larger 
volume" with "greater
mass feed rate"	266.110(a)	

STANDARDS FOR DIRECT TRANSFER	
add text regarding
compliance with 
specified 
maintenance and 
protective distances
requirements in lieu
of 265.176 
requirements;
written certification
by local Fire Marshall
to be kept on file	266.111(d)(2)	

REGULATION OF RESIDUES	 
replace existing
paragraph with
"Boilers must burn 
at least 50% coal on
a total heat input or
mass input basis, 
whichever results in
the greater mass
feed rate of coal;"	266.112(a)(1)	
replace 
"composite samples"
with "samples 
representing a 
minimum of 10 days
of operation";
add sentence 
regarding compositing
period not to exceed
24 hours; replace 
"The upper 95%
confidence level
about the mean" in 
second sentence
with "The upper
tolerance limit (at 
95% confidence with
a 95% proportion of
the sample 
distribution)";
replace "upper 95%
confidence level
about the mean" in 
last sentence with
"upper tolerance
limit"	266.112(b)(1)(i)	
replace existing
paragraph with
new paragraph
regarding sampling
and analysis of 
waste-derived residue 
to determine whether
residue generated
during each 24-hour
period has concen-
trations of toxic 
constituents higher 
than 266.112(b)(1)(i)
normal residue 
concentrations;
if so, residue not ex-
cluded from definition
of hazardous waste; 
toxic constituent 
concentrations based
on analysis of 
samples obtained over
24-hour period; for
multiple samples, 
concentration of toxic
constituent is arith-
metic mean; no results
may be disregarded	266.112(b)(1)(ii)	
add new paragraph 
regarding sampling
and analysis of waste-
derived residue to
determine whether 
residue generated
during each 24-hour
period has concentra-
tions of toxic consti-
tuents higher than 
health-based levels;
determination of toxic
concentrations based 
on analysis of one or
more samples 
obtained over 24-hour
period; for multiple
samples, concentration
of toxic constituent is
arithmetic mean of 
concentrations in 
samples; no results
may be disregarded	266.112(b)(2)(iii)	
replace "must" with
"shall"; replace "for
a period of three 
years" with "until 
closure of the 
boiler or industrial
furnace unit"	266.112(c)	

APPENDIX IX TO PART 266

METHODS MANUAL FOR COMPLIANCE WITH THE BIF REGULATIONS	 
replace section 7.0,
"Statistical
Methodology for
Bevill Residue
Determinations,"
with new text
given at	Appendix IX/
56 FR 42516 & 42517	Section 7.0 	
change ">0.95" to
"<0.95" in section
9.2, first 
bullet under para-
graph "2"; in section
9.2, paragraph "3",
change the ending
phrase of the last
sentence to "ratio 
of the molecular 
weight of HCl to the
molecular weight of	Appendix IX/
Cl (i.e., 36.5/35.5)"	Section 9.2	

APPENDIX XI TO PART 266

LEAD-BEARING MATERIALS THAT MAY BE PROCESSED IN EXEMPT LEAD SMELTERS	 
add new appendix
addressing lead-bearing
materials that
may be processed
in exempt lead
smelters, see
56 FR 42517	Appendix XI	

APPENDIX XII TO PART 266

NICKEL OR CHROMIUM-BEARING MATERIALS THAT MAY BE PROCESSED IN EXEMPT NICKEL-CHROMIUM RECOVERY FURNACES	 
add new appendix
addressing nickel or
chromium-bearing 
materials that may be 
processed in exempt
nickel-chromium
recovery furnaces, 
see 56 FR 42517	Appendix XII