United States Solid Waste and PB96-207030
Environmental Protection Emergency. Response EPA530-R-96-022
Agency (5305W) .
RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to:
Boilers and Industrial Furnaces
(40 CFR Part 266, Subpart H)
Updated July 1996
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DISCLAIMER
This document was developed by Booz-Allen & Hamilton Inc. under contract 68-W6-0016 to EPA. It is intended
to be used as a training tool for Hotline specialists and does not represent a statement of EPA policy.
The information in this document is not by any means a complete representation of EPA's regulations or policies.
This document is used only in the capacity of the Hotline training and is not used as a reference tool on Hotline
calls. The Hotline revises and updates this document as regulatory program areas change.
The information in this document may not necessarily reflect the current position of the Agency. This document
is not intended and cannot be relied upon to create any rights, substantive or procedural, enforceable by any
party in litigation with the United States.
RCRA, Superfund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area)
Local number (within DC area)
National toll-free for the hearing impaired (TDD)
(800) 424-9346
(703)412-9810
(800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Standard Time,
Monday through Friday, except for federal holidays.
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BOILERS AND INDUSTRIAL FURNACES
CONTENTS
1. Introduction :~ '. 1
"2. Regulatory Summary ; '.....: 3
2.1 General Applicability . :: 3
2.2 Emissions Standards .'..... 4
2.3 Permitted Facilities ..;...,. ! I - 8
2.4 interim Status Facilities .' 10
2.5 Specially Regulated Units : : 12
2.6 Direct Transfers -. » 13'
2.7 Regulation of Residues : . 14
3. Special Issues i : 17
3.1 Fuel Blending .....'. : - 17
3.2 Bubble Approach to Multiple Stacks 17
3.3 Sham Recycling '. '. , : 17
3.4 Omnibus Authority 18
3.5 Public Participation : ,. :-: 18
4. Regulatory Developments 19
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Boilers and Industrial Furnaces -1
1. INTRODUCTION
The training session on incinerators provided an introduction to combustion
devices and burning, as well as a discussion of the specific regulations affecting the
incineration of hazardous waste. This module addresses the combustion of
hazardous waste in boilers and industrial furnaces (BIFs) and reviews the regulation
of these .types of units, found in 40 CFR Part 266, Subpart H.
\ *. .
When EPA instituted the Resource Conservation and Recovery Act (RCRA)
hazardous waste regulations in 1980, it did not regulate hazardous waste recycling
activities. The Agency emphasized that it was encouraging only legitimate recycling
activities, not treatment or disposal disguised as recycling. In 1985, EPA
promulgated regulations covering the burning of hazardous waste for energy
recovery in BIFs under Part 266, Subpart D. Because these facilities were considered
recycling facilities, they were subject to limited standards, largely administrative,
covering only management of the waste prior to burning and notification and
recordkeeping. The devices themselves were not subject to technical or emissions
standards; nor were the facilities governed under the treatment, storage, and
disposal facility (TSDF) requirements. These regulations, though minimal, were in
line with the Agency's policy of encouraging recycling and reclamation activities.
The February 21, 1991, BIF rule dramatically changed the requirements for burning
hazardous waste in boilers and industrial furnaces (56 FR 7134). This rule subjected
BIFs to almost all TSDF standards, including extensive emissions controls, waste
analysis, and permitting requirements. The regulations were expanded to cover
more devices and place some limitations on specialized units. As a result of this
final rule, Part 266, Subpart D, was entirely removed and the regulations governing '
burning hazardous waste in BIFs were codified in Part 266, Subpart H. ,
This module summarizes the regulations affecting hazardous waste processed in
BIFs. After completing this module you should be able to: , '
1 . l
. Define boilers and industrial furnaces and describe the criteria associated
with the definitions
Describe the requirements for processing hazardous waste in BIFs,
. including the distinctions between permitted and interim status units
Explain the requirements for the. specially regulated BIF units and give
examples of each.
Use this list,of objectives to check your knowledge of this topic after you complete
the training session.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
' but is an introduction to the topic used for Hotline training purposes.
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2 - Boilers and Industrial Furnaces
The information in this document is not by any means a complete representation of EPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Boilers and Industrial Furnaces - 3
2. REGULATORY SUMMARY
The following is a summary of the .regulations affecting hazardous waste processed
in BIFs. These requirements include the general facility standards for TSDFs,
extensive emissions control regulations, standards for the direct transfer of waste
from a transportation vehicle to a unit, and regulation of residues. Some units are
subject to special reduced requirements depending on the type of waste processed in
the unit, and the unit's capacity. Because of the technical nature of these regulations,
only an outline of the requirements is provided here. For more detail concerning
BIFs and their implementing procedures, see the February 21,1991, Federal Register
(56 FR 7134). ' ...
2.1 GENERAL APPLICABILITY
The regulations in Part 266, Subpart H, apply to all hazardous waste burned or
processed in BIFs regardless of the purpose of burning or processing (e.g., recycling
or destruction).
For a thermal unit to be classified as a boiler, it must: , .
Be an enclosed device that uses controlled flame combustion to recover and
export energy in the form of steam, heated fluid, or heated gases
Have a combustion chamber and primary energy recovery system that is of
integral design to ensure the effectiveness of the unit's energy recovery
system , .'.,'.
' \
* Maintain a thermal energy recovery efficiency of at least 60 percent
' *
Export and use at least 75 percent of the recovered energy.
'" : \ " ",'''
Comparatively, industrial furnaces use thermal treatment of hazardous waste to
accomplish recovery of materials or energy. For a unit to be classified as an
industrial furnace, it must meet the regulatory description of one of the following 12
devices: - .'-* ' /
Cement kiln ,
Aggregate kiln
\ '
Coke oven
Smelting, melting, and refining
furnace
Lime kiln
Phosphate kiln
t
Blast furnace
Titanium dioxide chloride
process oxidation reactor
The information in this document is not by any means a complete representation of EPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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4 - Boilers and Industrial Furnaces
Methane reforming furnace Halogen acid furnace
' '" *
Pulping liquor recovery furnace Combustion device used in
the recovery of sulfur values
from spent sulfuric acid.
The Administrator may, after notice and comment, add other devices to the list of
industrial furnaces. In adding devices to the list of industrial furnaces, EPA will
.consider several factors related to the design and use of the unit.
EXEMPTIONS
The following wastes and devices are exempt from BIF requirements (§266.100(b)):
Used oil that is burned for energy recovery under Part 279
Gas recovered from hazardous or solid waste landfills when the gas is
burned for energy recovery
Hazardous wastes that are exempt from regulation under §§261.4 and
' Hazardous waste from conditionally exempt small quantity generators
regulated under §261.5
Coke ovens that burn only K087, decanter tank tar sludge from coking
operations.
Some other specific units are subject to modified or less stringen^ requirements.
These specially regulated units are addressed in detail in Section 2.5 of this module.
MANAGEMENT PRIOR TO BURNING
Hazardous waste managed prior to burning in a BIF is subject to all applicable RCRA
regulations (§266.101). Generators of hazardous waste are required to comply with
Part 262 regulations, while transporters of hazardous waste are subject to Part 263. In
addition, any storage prior to burning is subject to the hazardous waste storage
regulations in Parts 264/265 and 270 except under limited circumstances. This
management requirement includes any storage activities conducted by the burner as
well as any intermediaries. .
2.2 EMISSIONS STANDARDS
Prior to the promulgation of combustion standards for BIEs, owners/operators were
not subject to substantive performance standards. As a result of the final BIF rule,
however, both permitted and interim status BIFs are now required to comply with
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Boilers and Industrial Furnaces - 5
strict air emissions standards \to ensure adequate protection of human health, and
the environment. These standards are divided into four containment categories:
organics, particulate matter, metals, and hydrogen chloride (HC1) and chlorine (Cl2),
For each category or type of emission, the regulations establish compliance methods
and alternatives. Each is addressed below.
ORGANICS
Burning hazardous Waste that contains toxic organic compounds under poor
"combustion conditions can result in substantial emissions of the toxic compounds
originally present in the waste, as well as emissions of other compounds due to
partial or incomplete combustion of the waste constituents. The risks posed by these
types of emissions can result in an increased lifetime cancer risk to humans. EPA
controls these types of organic emissions from BIFs by implementing two types of
organic emission performance standards. The first requires the measurement of the
unit's destruction and removal efficiency (DRE), and the second limits'the unit's
output of carbon monoxide (CO). Both of these standards are discussed below. .
Destruction and Removal Efficiency {DRE)
The DRE is a measurement of the unit's capability to destroy hazardous waste. BIFs
must achieve a DRE of 99.99 percent for each principle organic hazardous
constituent (POHC) in the hazardous waste during a trial burn (§266.104(a)). The
Regional waste management director will designate POHCs for each waste feed
(§266.104(a)(2)). Due to an increased threat to human health and the environment,
the required DRE for certain dioxin-bearing wastes has been established at 99.9999
percent (§266.104(a)(3)). Unlike most other emission standards, the DRE standard
only applies to permitted units.
Under certain conditions,, a BIF owner/operator may obtain ;an exemption from the
DRE requirements when burning low-risk waste (§266.109(a)j. Waste can be shown
to be low risk if, under a reasonable, worst-case scenario, emissions of organics and
metals do not exceed acceptable levels. .
Certain boilers that operate under specific conditions (§§266.110(a)-(f)) and that do
not burn dioxin-cohtaining wastes are considered to be in conformance with the
DRE standards, and thus do not need to perform a trial burn to demonstrate DRE
compliance (§266.VlO). . ... ..-
Carbon Monoxide
In addition to the DRE standard, part of meeting the organic air emission standards
is limiting the BIF's emissions of .products of incomplete combustion (PIC). PICs are
organic materials formed during the combustion process, either as products that
escaped combustion or as breakdown or recombinant organic compounds that did
not exist in the original waste. Under RCRA) PIC refers to Appendix VIII organic
compounds not present in the feed that result from combustion of waste. These PIC
controls under the BIF standards include limits on carbon monoxide (CO) emissions
The information in this document is not by any means a complete representation'of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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6 - Boilers and Industrial Furnaces
and, if necessary, hydrocarbon (HC) emissions from the unit. These standards are
organized into three tiers. Under the Tier I controls, emissions of CO may not.
exceed 100 ppmv {parts per million by volume), with no limits on HC emissions. If
owners/operators are unable to meet this standard, Tier II places HC limits at 20
ppmv, with CO emission limits based on levels demonstrated during the unit's
compliance test. s .
i
EPA realized that some types of industrial furnaces, such as cement, light-weight
.aggregate, and lime kilns may be unable to meet the 20 ppmv limit-on HC emissions
allowed under Tier II because of organics present in the normal raw materials being
fed into the BIF. As a result, the Agency established an alternative, site-specific HC
limit that owners/operators of such facilities may request as part of trie permit
application process. ,
This alternative HC limit for furnaces with organic matter in raw materials was
vacated by a federal appeals court in a 1994 court decision, arid the controls were
declared legally obsolete in a June 29,1995, Federal Register notice (60 FR 33912);.
Thus, the Tier III controls were removed from the regulations.
PARTICULATE MATTER
The second category of emissions standards involves particulate matter. Because
toxic metals and organic compounds may attach to particulate matter of smaller size
that can be caught in the lungs, EPA established that unregulated particulate
emissions could pose a significant threat to human health and the environment.
EPA set an emission limit of 180 milligrams per dry standard cubic meter (dscm)
(§266.105). BIFs that qualify for the low-risk waste exemption as mentioned above,
however, are not subject to the particulate matter standard (§266.109(b)).
METALS
Another aspect of the emissions standards involves limits on metals. Metals
regulated under the BIF standards are categorized as either noncarcinogenic (e.g.,
antimony, barium, lead, mercury, silver, and thallium) or carcinogenic (e.g., arsenic,
cadmium, chromium, and beryllium). An owner/operator can determine the
allowable feed or emission rate for any regulated metal using any one of a
combination of trtfee approaches. These approaches, referred to as "tiers," range
from a simplified analysis based on conservative assumptions (Tier I) to a site-
specific analysis based on detailed facility information and air dispersion modeling
(Tier III). The choice of tiers is up to each individual owner/operator. Factors that
may be considered in selecting a tier include the physical characteristics of the facility
and surrounding terrain, the anticipated waste compositions and feed rates, and the
level of resources available for conducting the analysis.
The information in this document is not by any means a complete representation of EPA s regulations or policies,
. but is an introduction to the topic used for Hotline training purposes.
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Boilers and Industrial Furnaces - 7
Tierl
Tier I is the most simple and conservative approach of the inorganic emission tiers.
This tier limits the hourly feed rate of individual metals into the combustion device
using feed rate limits that EPA already established. These limits can be found in Part
266, Appendix I. The Agency established these feed rate limits as a function of flue
gas flow rate, stack height, terrain, and land use in the vicinity of the facility
(§266.106(b)): After examining all these factors in conjunction with each other, the
Agency back-calculated from EPA-prescribed acceptable air quality levels using
'conservative air dispersion modeling to arrive at an acceptable feed rate for the
different types of metals. The type of modeling used assumes that 100 percent of the
metals fed into the BIF will be emitted into the ambient air. Thus, using these feed
rate limits does not allow site-specific factors to be incorporated into emission
allowances for the BIF. .
Tierll
Tier II, as opposed to Tier I which limits waste feed rate, places limits on the stack
emissions of individual metals from BIFs. As with Tier I, emission limits have
been pre-determined by the Agency by considering a number of different factors (i.e.,
stack height, terrain, and surrounding land use) (§266.106(c)). Tier II differs from
Tier I, however, in that owners/operators are able to conduct emission, testing to
take credit for reduced metal emissions achieved either by the partitioning of
pollutants to bottom ash or products, or by removal of the pollutants though the
facility's air pollution control device. By conducting tests to .determine how much
of the metals fed into the BIF actually get carried through to be emitted through the
stack, owners/operators using Tier II can conceivably increase the amount of metals
in the waste feed by accounting for waste partitioning and pollution control
activities. . , ,
TierlH
' . .
Tier Ill.standards are established on a site-specific basis. Tier III standards are
implemented in the same way as Tier II, by placing emission limits on metals, but
unlike Tiers I and II, there are no pre-determined levels established by EPA, Instead,
Tier III levels are determined by testing emission rates for each individual metal
using air dispersion modeling techniques to predict maximum ground level metal
concentrations that will not adversely affect human health and the environment,
and by demonstrating that ambient air levels will not be exceeded (§266.106(d)).
Adjusted Tier I ,
A BIF owner/operator may adjust the feed rate limits that have been established in
Appendix I by combining some of the aspects of Tier I and Tier III. This alternative
is implemented in the same way as the Tier I standards, by regulating feed rates into
the BIF, but allows for limits that are more relevant to a given facility (§266.106(e)).
As with the Tier III methodology, owners/operators may back-calculate maximum
, allowable emission rates for individual levels from acceptable ambient air levels
The information" in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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8 - Boilers and Industrial Furnaces
(found in Appendices IV and V) using site-specific air dispersion modeling.' These
emission limits then become the adjusted feed rate limits, assuming all metals that
are fed into the combustion device will be emitted as gases.
Alternative Implementation
This alternative allows for different approaches to demonstrating compliance with
the organic emission standards by creating a combination of the Tier II and Tier III
emissions limits. Rather than monitoring metals feed rates, a BIF may use an
alternative method contingent upon approval from the Regional waste
management director (§266.106(f)).
HYDROGEN CHLORIDE AND CHLORINE GAS
V
The fourth emissions standard under the BIF regulations limits the unit's output of
hydrogen chloride (HC1) and chlorine gas (CLj). These rates are implemented in the
same way as the metals emissions, using the tiered approach (§266.107). The
screening levels for waste feed and emission limits are found in Part 266, Appendix
II. For a more detailed discussion of EPA's tiered approach, see above.
2.3 PERMITTED FACILITIES
Operating standards are designed to ensure compliance with performance standards
by establishing both permitted and interim status conditions for owners/operators
to follow. Requirements for facilities operating under a permit differ slightly from
those under interim status. Both interim status and permitted BIFs are subject to
dual regulation under RCRA. In other words, facilities must comply with the
specific regulations (e.g., emission standards) of Part 266, Subpart H, as well as the
general standards in Parts 264/265. The requirements for permitted units will be
addressed first, followed by those for interim status units.
TSDF STANDARDS
Whereas prior to 1991 BIFs were virtually exempt from regulation, BIFs are now
regulated less like recycling units and more like TSDF units. The February 21,1991,
rule (56 FR 7134) subjects permitted BIFs to all the general TSDF standards including
general facility, preparedness and prevention, contingency plan, manifest system,
closure and financial assurance, corrective action, and air emission standards
(§266.102(a)(2)).
HAZARDOUS WASTE ANALYSIS
The BIF owner/operator must perform a waste analysis to identify the type and
quantity of the hazardous constituents that may reasonably expected to be found in
the waste. The analysis must include all hazardous constituents found in Appendix
VIII of Part 261. The facility must provide an explanation for those constituents not
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Boilers and Industrial Furnaces - 9
included in the analysis (§266.102(b)(l)). In addition, periodic sampling and analysis
must be undertaken while a BIF is operating to ensure that the hazardous waste is
within the limits of the facility's permit (§266.102(b)(2)). '' .
PERMITS
Once a BIF is permitted, it can burn only those types of hazardous waste specified in
its permit. In addition, owners/operators must manage the unit in accordance with
all of the operating conditions described in the permit (§266.102(d)(l)). These
'operating restrictions and waste feed allowances are established by the
owner/operator through a test period referred to as a trial burn. The trial burn is the
basis on which EPA establishes a particular facility's permit standards
(§266.102(d)(4)). Owners/operators must develop a trial burn plan and perform the
trial burn under conditions that will most likely ensure compliance with emissions
standards. Once the trial burn has been completed, the facility's waste feed and
operating requirements must be those demonstrated in the trial burn.
Operating requirements for BIFs are determined on a site-specific basis, and serve as
day-to-day requirements that the facility must follow in order to continually achieve
the emissions standards set by the regulations. The BIF regulations do not specify
precise operating requirements; rather, emission standards in the regulations are the
performance standards which will dictate the nature of the operating standards
established in the permit Owners/operators may use the emission standards from
the regulatory requirements to "back-calculate" necessary operating limits for the
BIF. Operating requirements are established during the trial burn phase of the
permitting process. Data gathered from the trial burn (or alternative data) are used
by EPA to establish the operating limits that will be included in the facility's final
permit. Depending on the emission standard the facility has chosen to follow (i.e.,
Tierl, Tier II, or Tier III), facility permits may have operating requirements for the
following operating parameters:
Feed rate of hazardous waste and other fuels
Feed.rate of each metal, chlorine, and chloride in feed streams
Maximum and minimum production rate when producing product
CO and HC concentrations in stack gas - ' l
Maximum combustion chamber temperature >
Maximum flue gas temperature entering particulate matter control
Various air:pollution control system-specific operating parameters
Minimum combustion gas temperature
Maximum emission rate for each metal, HC1, and Cla
Appropriate controls for the hazardous waste firing system
Appropriate indicator of combustion gas velocity
Allowable variation in BIF system design or operating procedures
Other operating requirements as necessary to ensure that the DRE is met.
The information in this document is not by any means a complete representation of EPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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10 - Boilers and Industrial Furnaces
In addition, the permit will establish general operating requirements for fugitive
emissions, automatic waste feed cutoff, monitoring and inspections, direct transfer,
recordkeeping, and closure (§266.102(e)).
2.4 INTERIM STATUS FACILITIES
EPA estimated that of the 1,000 BIFs burning hazardous waste prior to the final rule,
. only 150 would apply for interim status and eventually seek final RCRA permits.
Owners/operators of facilities that burn hazardous waste in a BIF during the interim
status period are subject to the provisions of §266.103.
To be considered operating under interim status, the facility must have been in
existence on or before August 21,1991, and must have submitted a Part A permit
application by this date. If the facility already had a permit for another activity,
owners/operators must have submitted a permit modification under §270.42. If the
facility was already operating under interim status, then it was required to comply
with the requirements for changes under interim status described in §270.72.
As with permitted BIFs', owners/operators of interim status BIFs must comply with
all applicable TSDF regulations in Part 265. Until EPA calls in the facility's Part B
permit application, where precise permit conditions will be established through a
trial burn, owners/operators of interim status BIFs must ensure compliance with
emission standards (§§266.105 - 266.107) by showing certification of precompliance
and certification of compliance. During trie certification of precompliance the
owner/operator had to establish operating conditions that would allow the BIF to
meet emission standards; The owner/operator then had to certify, through a
certification of compliance; that the operating limits ensured compliance with
emission standards. Both of these requirements are discussed in more detail below.
CERTIFICATION OF PRECOMPLIANCE
The owner/operator of a facility that sought to qualify for interim status must have
established operating conditions under which the BIF would meet emissions
standards. These operating conditions must have included feed rates of hazardous
waste, metals, chlorine and chloride, and ash. The operating conditions should
have been documented in a certification of precompliance, which must have been
submitted by August 21,1991 (§266.103(b)). Evidence that the facility owner/operator
notified the public of the burning activities and permitting procedures through a
major local newspaper also must have been included in the certification of
precompliance (§266.103(b)(6)). . ' ' . .
CERTIFICATION OF COMPLIANCE
Owners/operators that were required to submit a certification of precompliance
must have conducted compliance testing on or before August 21,1992. During this
period, the operating conditions previously established during precompliance were
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Boilers and Industrial Furnaces -11
Rested. Within 90 days after compliance testing, the owner/operator must have ,
submitted a certification of compliance containing operating conditions based on the
results of the testing. The certification must have included a description of any'
changes that had taken place since precompliance, as well as the test data and results
of quality assurance .and quality control work. The owner/operator was required to
recertify within three years (§266.103(c)).
Compliance with the interim status standards is analogous to compliance with "a
Part B permit. Throughout interim status, 'the 'BIF is required to comply with the
operating limits established during compliance testing. As mentioned above,
interim status BIFs must be operated much in the same way as those facilities with
permits. Because interim status facilities have not yet conducted trial burns to
ensure compliance with the standards, EPA has placed some restrictions on their
use and what types of hazardous waste these facilities may burn. These restrictions
are discussed below.s »
PROHIBITION ON BURNING DIOXIN-CONTAINING WASTE
. A BIF operating under interim status may not bum dioxin-containing hazardous
wastes (F020, F021, F022, F023, F026, and F027) or any material derived from one of
these wastes (§266.103(a)(3)). As an exception to this prohibition, interim status BIFs
may burn F032 waste (even though it is listed for the presence of dioxin) because the
Agency does not consider it "acutely toxic."
SPECIAL REQUIREMENTS FOR INTERIM STATUS FURNACES
j -
EPA established special interim status requirements for industrial furnaces to
ensure adequate combustion of hazardous waste until more stringent, permitted
conditions could be established through completion of the facility's trial burn.
These requirements do,not apply to a furnace the burns hazardous waste solely as an
ingredient. The requirements also do not apply to any furnace that feeds the
hazardous waste into the hot end of the furnace, where products are normally
discharged and fuels are normally fired. All furnaces not meeting one of these
criteria are subject to the controls of §266.103(a)(5)). .
As mentioned above, those interim status industrial furnaces that burn hazardous
waste either for destruction or energy recovery must follow the special standards
given in the BIF regulations. EPA considers a hazardous waste with concentrations
greater than 500 ppmw non-metal hazardous constituents to be burned for
destruction! In addition, a hazardous waste with a heating value greater than 5,000
Btu per pound is said to be burned at least partially for energy recovery.
The information in this document is not by any means a complete representation of EPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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12 - Boilers and Industrial Furnaces
2.5 SPECIALLY REGULATED UNITS
Under the provisions of the BIF regulations, certain combustion units are exempt
from select parts of the-regulations. The following types of units are eligible for
these reduced requirements:
Smelting, melting, and refining furnaces
Small quantity burners.
These units and the conditions that apply to their regulatory status are described in
more detail below.
METALS RECOVERY
Owners/operators of smelting, melting, and refining furnaces that process
hazardous waste solely for metal recovery are conditionally exempt from regulation
under this subpart, except for proper management prior to burning and the
regulation of any residues. Units which may be covered by this exemption include
pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry
furnaces, but do not include cement kilns or halogen acid furnaces.
To receive this exemption, the owner/operator must comply with basic
recordkeeping and analysis requirements. Owners/operators of these facilities must
provide one-time written notification containing the following information: (1) a
notice claiming the exemption; (2) an indication that the waste is being burned
solely for metal recovery; (3) a statement that the waste contains recoverable levels
of metals; and (4) a testament that the owner/operator will comply with all
recordkeeping requirements (§266.100(c)(l)). The facility is required to maintain
records documenting compliance with this exemption for at least three years. In
addition, the owner/operator must sample and analyze the hazardous waste and
other feedstocks as often as necessary to demonstrate compliance with the
exemption.
The Agency has established three criteria to determine if hazardous waste is being
legitimately burned for metals recovery: (1) the heating value of the waste does not
exceed 5,000 Btu/lb (if so, the waste is considered to be burned for energy recovery);
(2) the concentration of Part 261, Appendix VIII, organic constituents does not exceed
500 ppmw (if so, the waste is considered to be burned partially for destruction); and
(3) the waste must have demonstrated recoverable levels of metals (§266.100(c)(2)).
v
Special Industries , .
Certain industrial units, such as secondary lead and nickel-chromium smelters,
mercury recovery furnaces, and process wastes from metals recovery normally do
not meet the conditions necessary to enjoy the reduced requirements referenced
above. Examples include units that burn spent lead acid battery parts containing
The information in this document is not by any means a complete representation of EPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Boilers and Industrial Furnaces -13
pieces of rubber or plastic and which generally have heating values greater than
5,000 Btu/lb. In order to accommodate these special industries, EPA revised the BIF
standards to conditionally exclude those wastes which are processed for metals
recovery, but do not meet the criteria outlined above. In order to meet the criteria
for this exclusion, wastestreams in these units must contain recoverable levels of
metals and the waste must not contain more than 500 ppm of the toxic organics
listed in Part 261, Appendix VIII. In addition, the owner/operator must comply
with all notification and recordkeeping requirements in §266.100(c)(3).
'Precious Metals Recovery
Metal recovery units engaged in precious metals recovery are also conditionally
exempt from Part 266, Subpart H. Precious metal recovery is defined as the
reclamation of economically significant amounts of gold, silver, platinum, '
palladium, iridium, osmium, rhodium, ruthenium, or any combination of these
metals (§266.70(a)). Provided the owner/operator complies with the alternative
requirements of §266.100(f), the unit would be exempt from all BIF requirements
except for the regulations concerning the management of residues in §266.112. As
with the recovery units mentioned above, owners/operators must provide a one-
time written notice, conduct sampling and analysis, and maintain records to
demonstrate compliance with all applicable requirements. In addition, any
management prior to burning in this type of unit is subject to the applicable
regulations found in §266.70.
SMALL QUANTITY BURNER
Owners/operators of facilities that burn small quantities of hazardous waste in on-
site BIFs are exempt from Part 266, Subpart H. They must, however, meet the
following criteria: (1) the facility must .comply with the quantity restrictions based on
the terrain-adjusted stack height; (2) the hazardous waste firing rate may not exceed
one percent of the total fuel requirements; (3) the waste must have a minimum
heating value of 5,000 Btu/lb as generated; and (4) the facility is prohibited from
burning any waste that contains or is derived from the dioxin-bearing waste codes
(i.e:,F020, F021, F022, F023, F026, or F027) (§266.108) (a)). Small quantity burners are
also required to notify EPA and maintain facility records documenting compliance
with these restrictions (§266.108(e)). In addition, small quantity burners are exempt
; from the requirements in Parts 264/265, Subparts A through L, and Part 270 with
respect to the storage of mixtures of Hazardous waste and primary fuel, if the waste
is stored in tanks that feed fuel directly into the'burner (§266.101(c)(2)).
2.6 DIRECT TRANSFERS
>. . " " .
Facilities that transfer hazardous waste directly from a transport vehicle (e.g., tanker
truck) to the BIF without first storing the waste must comply with special
requirements (§266.111). Generally, the direct transfer operations must be managed
in a manner similar to that required by the regulations for hazardous waste storage
. The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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' 14 - Boilers and Industrial Furnaces
tanks and containers. In addition," the direct transfer equipment must have a
secondary containment system, the owner/operator must visually inspect the
operation at least once every hour, 'and the facility must keep records of these
inspections. - .
2.7 REGULATION OF RESIDUES
Under the traditional hazardous waste regulations, the derived-from rule requires
that anything derived from the treatment, storage, or disposal of a hazardous waste
is, itself, a hazardous waste (§261.3(c)(2)). Given this fact, any residues generated
from the burning of hazardous waste in a BIF would normally be considered a
hazardous waste under RCRA and would need to be handled in accordance with
Subtitle C regulation. The Bevill Amendments, however, provide three statutory
exclusions from the definition of hazardous waste for certain residues: residues
from the burning of coal and fossil fuels (§261.4(b)(4)); cement kiln dust
(§261.4(b)(8)); and residues from the processing of certain mining wastes
(§261.4(b)(7)). Some question has arisen as to, whether these exemptions should
apply if residues are produced in part from burning hazardous waste. EPA has ruled
that the exemptions may stand if the co-processing does hot significantly affect the
character of the waste residues. EPA has provided criteria under §266.112 to
determine whether the residues have been significantly altered. Thus, the
regulations retain the Bevill exclusion for residues from certain BIFs as long as the
burning or processing of the hazardous waste does not significantly affect the
. character of the residue. These BIFs include:
Boilers burning primarily coal (i.e., at least 50 percent coal) -. '
Industrial furnaces processing primarily normal ores or minerals (i.e., at least
50 percent normal nonhazardous raw materials)
Cement kilns processing primarily normal raw materials (i.e., at least 50
percent normal raw materials).
To determine whether the character of a residue has been significantly affected by
the burning or processing of hazardous waste, and thus whether the Bevill
exemption can be-^laimed, one of two criteria must be met. As long as the residue
meets either criteria, it will qualify for the Bevill exclusion.
The first criteria compares the hazardous waste residues to waste residues that
would be found if the BIF were not burning hazardous waste at all. A statistical test,
found in Appendix IX of Part 266, describes methods that should be used when
comparing the waste-derived residues to these baseline levels to determine whether
the character of the residue has been significantly affected.
The second criteria compares the concentrations of toxic constituents found in the
waste-derived residue to health-based constituent limits found in Appendix VII of
The information in this document is not by any means a complete representation of EPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Boilers and Industrial Furnaces -15
Part 266. In response to a 1993 petition, however,,EPA replaced the health-based
limits for nonmetal constituents with the LDR standards listed under F039.
Provided the residues meet these standards, they would not be regulated as
hazardous waste (58 FR 59598; November 9,1993). If results from either part of this
test indicate that the character of the residue has not been significantly altered, the
BIF residue qualifies for the Bevill exemption.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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16 - Boilers and Industrial Furnaces
r-
The information in thi
this document is not by any means a complete representation of EPA's regulations, or policies,
but is an introduction to the topic used for Hotline training purposes.,
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Boilers and Industrial Furnaces -17
3. SPECIAL ISSUES
» . -
The following BIF issues are frequently misunderstood by callers and are important
components in correctly applying the BIF regulations.
3.1 FUEL BLENDING
.Hazardous waste fuel blending facilities conduct activities that constitute storage
and/or treatment of .hazardous wastes. Consequently, they are subject to full RCRA
regulation, including permitting, with a few exceptions. Some fuel blenders have
asserted that, since their activities are considered recycling, the blending operation is
exempt from permit, requirements according to §261.6{c). Section 261.6(a)(2),
however, clearly states that hazardous wastes which are recycled materials and are
burned for energy recovery are regulated under Part 266, Subpart H, and all
applicable provisions of Parts 270 and 124. As a result, fuel blending .activities may
be fully regulated.
3.2 BUBBLE APPROACH TO MULTIPLE STACKS
The standards for both metals and HCl/C^ emissions are health risk-based, taking
into account the maximum annual average ground level concentration an
individual could be exposed to at an off-site location. The bubble approach requires
facilities to consider the emissions from- all regulated units which have emission
standards based on the maximum exposed individual (MEI), when demonstrating
compliance with the acceptable ambient levels. Therefore, if an owner/operator of a
facility has any units for which emission standards are health risk-based, regardless
of the tier used to comply with the standards, they are required to use the bubble
approach to calculate expected emissions and operating limits. Examples of units
(other than BIFs) that may be covered by the bubble approach are incinerators and
thermal treatment units.
3.3 SHAM RECYCLING
*> i
' ' * '
Prior to certificati&h of compliance, interim status owners/operators must not feed
hazardous waste into a boiler or industrial furnace if the waste has a heating value
of less than 5,000 Btii/lb as generated. This policy is intended to ensure that wastes
processed in interim status BIFs are properly .combusted, since BIFs are subject to
fewer controls prior to certification of compliance. Wastes burned in BIFs with
lower Btu values are more likely to vent hazardous contaminants to the
atmosphere as unburned or partially burned combustion products, presenting a
substantial risk to human health and the environment. By requiring burners to
demonstrate that a waste's heating value is greater than or equal to 5,000 Btu/lb, the
Agency is able to ensure a high enough temperature and long,enough residence
time in the boiler to destroy hazardous constituents at a rate which is protective of
The information in this document is not by any means a complete representation of EPA's regulations or policies,
, ' - but is an introduction to the topic used for .Hotline training purposes.
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18 - Boilers and Industrial Furnaces
human health and the environment. There are some specific instances in which a
BIF may burn hazardous waste with a Btu value of less than 5,000 (§266.103(a)(6)).
It is important to note that, after certification of compliance, a BIF is no longer
required to prove that the wastes being burned have an as-generated heating value
greater than or equal to 5,000 Btu/lb. The requirement that burning of wastes be.
protective of human .health and the environment, which was previously upheld by
the sham recycling policy, will now be satisfied through compliance with emission
.standards established in the facility's permit.
3.4 OMNIBUS AUTHORITY
/
The omnibus provision allows the Regional Administrator or state to incorporate
into a permit 'any provision deemed necessary to protect human health and the
environment (§270.32(b)(2». Specifically, this allows EPA to incorporate terms or
conditions that are not found in the regulations. Under the Strategy for Hazardous
Waste Minimization and Combustion, EPA has directed the states and Regions to
conduct site-specific risk assessments (incorporating direct and indirect exposures)
under the omnibus authority. These risk assessments should be conducted by the
implementing agency during the permitting process. .
3.5 PUBLIC PARTICIPATION
On December 11,1995, EPA published a final rule expanding the role of public
participation in the RCRA permitting process (60 F_R 63417). This rule affects boilers
and industrial furnaces by increasing the extent of public participation during the
trial burn process. Specifically, the permitting agency is required to issue a public
notice prior to approving a facility's trial burn plan and must announce the
commencement and completion dates for all trial burns. The proposed public
participation rule (59 FR 28680; June 2,1994) also included some changes to the
procedural requirements for permitting interim status facilities. These changes,
however, were not finalized, because of pending technical revisions to the
hazardous waste combustor standards. See the Regulatory Developments section of
this module for a discussion of these revisions;
The information in this document is not by any means a complete representation of EPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Boilers and Industrial1 Furnaces -19
4. REGULATORY DEVELOPMENTS
On April 19,1996, EPA published a proposed rule under the joint authority of RCRA
and the Clean Air Act to revise the technical standards for hazardous waste
combustors (61 FR 17358)., Specifically, this rule will affect incinerators, cement
kilns; and lightweight aggregate kilns. EPA plans to address boilers and other
industrial furnaces in a future rulemaking. This rule fulfills EPA's commitment to
.upgrade emissions standards as stated in its 1993 Hazardous Waste Minimization
and Combustion Strategy.
The rule proposes emissions standards for dioxins/furans, mercury, cadmium, lead,
particulate matter, chlorine, carbon monoxide, hydrocarbons, and several low
volatile metals. It also proposes a new comparable fuels exclusion, and makes
significant changes to the existing combustion regulations. A final rule is expected
in December 1996.
The information in this document is not by any means a complete representation of EPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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