Mich. Admin. Code 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 the
purposes of 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 is in compliance with the requirements of
40
CFR 266.100(d)(1) to (3).
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 is in compliance with the requirements of
40
CFR 266.100(g)(1) to
(3).
(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 of 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)
which 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
shall 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) which 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) which
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 are in compliance with all of 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)(1) and
(2).
(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 of 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 the purposes of 40
CFR part 266, subpart H and 270.66, the term "director" replaces the term
"regional administrator."
Notes
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