United States      Solid Waste and
         Environmental Protection Emergency Response
         Agency  	(5305W)	
                        PB98-108 020
                        November 1997
RCRA, Superfund & EPCRA
    Hotline Training Module
               Introduction to:
                   Boilers and Industrial
                   (40 CFR Part 266, Subpart H)
                     Updated July 1997


This document was developed by Booz-Allen & Hamilton Inc. under contract 68-WO-0039 to EPA. It is
intended to be used as a training tool for Hotline specialists and does not represent a statement of EPA

The information in mis 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
(800) 553-7672
                         The Hotline is open from 9 am to 6 pm Eastern Time,
                          Monday through Friday, except for federal holidays.

1.  Introduction 	 1
   Regulatory Summary	
   2.1  Applicability and Exemptions
   2.2  Emissions Standards 	
   2.3  Operating Requirements	
   2.4  Permit Process	
   2.5  Interim Status Facilities	
   2.6  Regulation of Residues	
3.  Regulatory Developments 	17


                                                       Boilers and Industrial Furnaces -1
                           1.  INTRODUCTION
The combustion of hazardous waste occurs for two general purposes. Some waste is
burned primarily to destroy it. This type of burning takes place in incinerators and
was discussed in a previous module. Other waste is burned for energy or materials
recovery.  This occurs in a group of units collectively known as boilers and
industrial furnaces (BIFs).  This module will provide an overview of the regulation
of these 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 chose only to regulate the combustion of
hazardous waste in destruction units. The Agency determined that further study
was needed to,determine appropriate regulation for units  that burn waste to recover
energy or materials.  This distinction was consistent with the Agency's policy of
encouraging all types of legitimate recycling and reclamation.

However, the Hazardous and Solid Waste Amendments (HSWA) of 1984 mandated
that EPA examine the risks posed by combustion activities and consider what
controls should be placed on the burning of hazardous waste for energy recovery.
The first phase of this occurred on November 29,1985, when EPA promulgated
regulations covering the burning of hazardous waste for energy recovery in BIFs
under Part 266, Subpart D (50 F_R 49164). These standards were largely
administrative, covering only the management of the waste prior to burning and
notification  and recordkeeping. The combustion devices  themselves were not
subject to technical performance or emissions standards; nor were the facilities
governed under the treatment, storage, and disposal facility (TSDF) requirements.

The second phase in developing regulations for BIFs began with the February 21,
1991, Federal Register (56 FR 7134). This rule dramatically changed the requirements
for burning  hazardous waste in boilers and industrial furnaces by subjecting BIFs to
almost all of the 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.  Also, as a result of
this final rule, Part 266,  Subpart D, was entirely removed and the regulations
governing the burning of hazardous waste in BIFs were  codified in Part 266, Subpart

This module is designed to familiarize you with the regulations affecting hazardous
waste processed in BIFs. After completing this module,  you should be able to
define boilers and industrial furnaces and describe the criteria associated with the
definitions.  You should also be able to describe the requirements for processing
hazardous waste in BIFs, including the distinctions between permitted and interim
status units, and explain the requirements for the specially regulated BIF units.
   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.

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.

                                                        Boilers and Industrial Furnaces - 3
                      2.  REGULATORY SUMMARY
Of the 234 million tons of hazardous waste generated in the United States in 1993,
three and a half million tons were sent for combustion.  About half of this was
processed in boilers and industrial furnaces. Boilers are normally used for energy
recovery.  Hazardous waste fuels provide about fifty percent of a boiler's fuel
requirements and are normally mixed with natural gas or other fuels. There are
around 900 boilers operating in the United States ranging from very small boilers to
huge utility class boilers. Industrial furnaces, on the other hand, are usually
involved in not only energy recovery but also materials recovery. These units are
normally commercial facilities that handle the hazardous waste of others for a fee.
There are less than fifty hazardous waste-burning industrial furnaces currently
operating in the country.

The following is a summary of the regulations affecting hazardous waste processed
in BIFs. These requirements include the general TSDF facility standards, extensive
emission 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
implementation of the BIF regulations, see the February 21,1991, Federal Register
(56 FR 7134).

There are two classes of units covered under the Part 266, Subpart H regulations —
boilers and industrial furnaces. EPA defines a boiler as an enclosed device that uses
controlled flame combustion to recover and export energy in the form of steam,
heated fluid, or heated gases.  Boilers must have a combustion chamber and primary
energy recovery system of integral design to ensure the effectiveness of the unit's
energy recovery system and to maintain a thermal energy recovery efficiency of at
least 60 percent. Finally, in order to meet EPA's definition of boiler the unit must
export and use at least 75 percent of the recovered energy off site (§260.10).

An industrial furnace is a unit that is an integral part of $manufacturing process
and uses thermal treatment to recover materials or energy.  A list of the units that
meet this description is found in §260.10.  At this time the following twelve devices
are considered to be industrial furnaces:

    •  Cement kiln                          •  Lime kiln

    •  Aggregate kiln                        •  Phosphate kiln
  The information in mis 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.

 4 * Boilers and Industrial Furnaces
   •  Coke oven

   *  Smelting, melting, and refining

   •  Methane reforming furnace

   •  Pulping liquor recovery furnace
Blast furnace

Titanium dioxide chloride
process oxidation reactor

Halogen acid 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 factors related to the design and use of the unit.

EXEMPTIONS (§266.100(b)):

Not all units that meet the definition of boiler or industrial furnace are subject to
the BIF standards. The individual unit must first be evaluated against a number of
exemptions found in the applicability section of the regulations.  For a variety of
reasons,. EPA determined that the following units do not require stringent
regulation under Part 266, Subpart H:

      •  Units burning used oil for energy recovery under Part 279

      •  Units burning gas recovered from hazardous or solid waste landfills for
         energy recovery

      •  Units burning hazardous wastes exempt from regulation under §§261.4
         and 261.6(a)(3)(iii)-(v)

      •  Units burning hazardous waste produced by conditionally exempt small
         quantity generators regulated under §261.5

      •  Coke ovens that burn only K087, decanter tank tar sludge from coking

In addition to these exemptions, there are three types of units that are conditionally
exempt from the regulations. These are metal recovery furnaces, precious metal
recovery units, and certain other special industrial units. In order to claim these
exemptions, owners/operators must provide a one-time written notice claiming the
exemption, conduct sampling and analysis, and maintain records to demonstrate
compliance with all applicable requirements. Any waste management prior to
burning in this type of unit, and any resulting residues, are subject to applicable
hazardous waste regulation.
   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.

                                                        Boilers and Industrial Furnaces - 5
Metals Recovery (§266.100(c)(2))

Owners/operators of smelting, melting, and refining furnaces that process
hazardous waste solely for metal recovery are conditionally exempt from regulation
under this subpart. 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)(l)(i) and (c)(2)).  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

Precious Metals Recovery (§266.100(0)

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,
paladium, irridium, 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 in §266.112 concerning the management of residues.

Special Industries (§266.100(c)(3)>

Certain industrial units, such as secondary lead and  nickel-chromium smelters and
mercury recovery furnaces, and other units that process wastes from metals
recovery normally do not meet the conditions necessary to be considered
legitimately burned for metals recovery. EPA revised the BIF standards to
conditionally exclude those wastes which are processed for metals recovery, but do
not meet the criteria. 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 Vin to be considered for this conditional exemption.


Owners/operators of facilities that burn small quantities of hazardous waste with a
heating value of greater than or equal to 5000 Btu/lb are also exempt from Part 266,
Subpart H. They must, however, comply with the quantity restrictions based on
stack height and the surrounding terrain. Also, the hazardous waste firing rate may
not exceed one percent of the total fuel requirements. These units are prohibited
from burning any waste that contains or is derived from dioxin-bearing wastes (i.e.,
F020, F021, F022, F023, F026, or F027).  Small quantity burners are required to notify
EPA and maintain facility records documenting compliance with these restrictions.
Small quantity burners are also exempt from the requirements in Parts 264/265,
Subparts A through L, and Part 270 with respect to the storage of mixtures 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.

 6 - Boilers and Industrial Furnaces
hazardous waste and primary fuel, if the waste is stored in tanks that feed fuel
directly into the burner (§266.101(c)(2)).

BBFs are required to comply with strict air emissions standards to ensure adequate
protection of human health and the environment.  These standards are divided
into four contaminant categories: organics, particulate matter, metals, and hydrogen
chloride (HC1) and chlorine (Ck).  For each category or type of emission, the
regulations establish compliance methods and alternatives.  Each is addressed
Particulate Matter
Emission Standard
DRE and CO limits
180 mg/dson
Tiered approach
Tiered approach
Regulatory CitaHon := .. , .;:•'; ;.
ORGANICS (§266.104)

Burning hazardous waste that contains toxic organic compounds under poor
combustion conditions can result in substantial emissions of toxic compounds.  This
includes both those compounds originally present in the waste, as well as the
emission of other compounds formed by the partial or incomplete combustion of
the waste constituents. These types of emissions can result in an array of adverse
health effects, including an increased lifetime cancer risk to humans.  EPA controls
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, and the second limits the unit's output of
products of incomplete combustion. Both of these standards are discussed below.

Destruction and Removal Efficiency (§266.104(a))

The primary measure of the BIF's organic emissions is its destruction and removal
efficiency (DRE). This is basically a measure of how efficiently the BIF is destroying
organics. Since it would be impossible to monitor the DRE results for every organic
constituent in the waste, certain principle organic hazardous constituents (POHCs)
are selected for this monitoring.  These POHCs are selected based on their high
concentration in the waste stream and their difficulty to burn.  If the BIF achieves the
required DRE for the POHCs, then  it should be able to achieve the same, or better,
DRE for all other, easier to burn, organics in the waste stream.  POHCs are
designated in the unit's trial burn plan and permit.

The BIF must achieve a DRE of  99.99 percent for each POHC in the hazardous waste
stream during the unit's compliance test, known as the trial burn.  This means that
for every ten thousand molecules entering the unit, only one molecule of the POHC
   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.

                                                       Boilers and Industrial Furnaces - 7
 is released to the atmosphere. In addition, due to an increased threat to human
 health and the environment from dioxin, the required DRE for POHCs in dioxin-
 bearing wastes has been established at 99.9999 percent, or one released molecule for
 every one million burned.  It is important to note that this DRE standard applies
 only to permitted units.

 Under certain conditions, a BIF owner/operator may obtain an exemption from the
 DRE requirements when burning low-risk waste. 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 (§266.109(a)).

 Products of Incomplete Combustion (§266.104(b)&(c))

 Poor combustion conditions result in the release of a high concentration of organic
 materials formed during the combustion process.  These products of incomplete
 combustion (PICs) may be present in the original waste stream or may be new
 compounds that form during the thermal breakdown and susequent recombination
 of organic compounds.  In order to control the emission of PICs, EPA places limits
 on carbon monoxide (CO) emissions or, if necessary, hydrocarbon (HC) emissions
 from the unit  The presence  of carbon monoxide is an indicator of incomplete
 combustion.  Therefore, a high level of carbon monoxide in emissions is an
, indicator of incomplete combustion and thus, an indication of a high release of PICs.
 The BIF owner/operator has a choice of two options to meet this CO emission
 standard. They may meet a CO emission standard of 100 ppmv (parts per million by
 volume), with no limits on HC emissions, or they may meet an HC limit of 20
 ppmv, with CO emission limits based on levels demonstrated during the unit's trial
                                                        HC Concentration
100 ppmv
No limit
                                       in trial burn
                          20 ppmv
 Historically, there was an alternative, site-specific HC limit for furnaces with high
 amounts of organic matter in their raw materials.  However, this alternative was
 vacated by a federal appeals court in a 1994 decision. The controls were declared
 legally obsolete in the June 29,1995, Federal Register (60 FR 33912) and removed
 from the regulations.


 The second emission EPA regulates is particulate matter. Particulate matter consists
 of small dust-like particles emitted from BIFs.  Although the particles themselves
 may cause adverse health effects (e.g., increased asthma), they also provide a point of
 attachment for toxic metals and organic compounds.  The particulates  may become
 caught in the lungs or be absorbed into the environment. To minimize these
 adverse conditions, EPA set an emission limit of 180 milligrams per dry standard
   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.

 8 - Boilers and Industrial Furnaces
cubic meter (dscm). BIFs that qualify for the low-risk waste exemption mentioned
above, however, are not subject to the particulate matter standard (§266.109(b)).

METALS (§266.106)

The third aspect of the emissions standards involves limits on rnetals. Metals
regulated under the BIF standards are categorized as either noncarcinogenic (i.e.,
antimony, barium, lead, mercury, silver, and thallium)  or carcinogenic (i.e., arsenic,
cadmium, chromium, and beryllium).  The owner/operator can determine the
allowable feed or emission rate for each regulated metal by selecting any one of three
approaches, called tiers. Each tier differs in the amount of monitoring, and in some
cases, modeling, the owner/operator is required to do.
                     LOTS OF
                  Figure 1: Continuum of Tiers and Monitoring

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 main
distinction between the Tiers is the focal point.  This is the point at which the
owner/operator must ensure that the metal concentration of their waste will be
below EPA's acceptable exposure levels for that constituent.
                                             TIER II
                    TIER III     TIER I
                          Figure 2: Focal Point of Tiers
Tier I
The focal point of Tier I is the waste feed. This tier limits the hourly feed rate 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.

                                                        Boilers and Industrial Furnaces - 9
individual metals into the combustion device.  These limits have been developed
by EPA and can be found in Part 266, Appendix I. EPA established these feed rate
limits by considering flue gas flows, stack height, terrain and land use in the vicinity
of the facility. EPA determined acceptable air quality levels for each type of metal as
a function of terrain, stack height, and land use in the vicinity of the facility. This
value is also the waste feed rate, as Tier I assumes that 100 percent of the metals that
are fed into the unit will be released into the atmosphere.

Tier II

The focal point of Tier n is the stack. This Tier limits the emissions of individual
metals from the stack. As with Tier I, emission limits have been pre-determined by
the Agency by considering a number of different factors (i.ev stack height, terrain,
and surrounding land use) and are found in Part 266, Appendix I. Tier n 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 are 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.

Tier III

The focal point of Tier in is the surrounding environment. Tier HI limits must be
set  such that the metals will not adversely affect the ambient air quality. It allows
the owner/operator to use site-specific factors to back calculate from the ambient
levels to determine the unit's waste feed.  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, the facility
owner/operator determines emission levels 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

Adjusted Tier I (§266.106(e»

A BIF owner/opera tor may choose to 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. As with the Tier III methodology, owners/operators may back-
calculate maximum allowable emission rates for their facility from acceptable
ambient air levels (found in Appendices IV and V) using site-specific air dispersion
modeling. These emission limits then become the adjusted feed rate limits  for that

  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.

 10 - Boilers and Industrial Furnaces
Alternative Implementation (§266.106(0)

Owners/operators are also allowed to use a combination of the Tier n and Tier III
methodologies. Under this approach, rather than monitoring metal feed rates, a BIF
would monitor the emission rates contingent upon approval from the Regional
waste management director.


The final emission standard under the BIF regulations limits the unit's output of
hydrogen chloride (HC1) and chlorine gas (Cl2).  These compounds combine with
water in the air to form acid rain.  They are also a known cause of human
respiratory problems. The emission controls are implemented in the same way as
the metal emissions, using the tiered approach. The owner/operator has a choice of
three tiers with varying focal points. For a more detailed discussion of EPA's tiered
approach, see above.  The Tier I and Tier n screening levels for waste feed and stack
emission limits are located in Part 266, Appendix II and III.

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 ensure compliance
with the emissions standards set by the regulations. The BIF regulations do not
specify precise operating requirements that all units must follow; rather, units must
establish operating standards that allow them to meet the emission standards in the
regulations. In addition to the general operating standards discussed below the BIF
may establish operating standards for feed rate, combustion temperature, flue gas
temperature, contaminant concentrations in stack gases, and other conditions as
determined necessary.


The management of hazardous waste prior to burning in a BIF is subject to all
applicable RCRA regulations. 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 the permitting requirements of Part 270
unless the unit is a small quantity burner, as described above. This management
requirement includes storage activities conducted by the burner as well as any

TSDF STANDARDS (§266.102(a)(2))

Permitted BIFs are subject to all of the general TSDF standards including general
operating standards, preparedness and prevention, contingency plan, use of the
  The information in this document is not by any means a complete representation of EPA's regulatt
                but is an introduction to the topic used for Hotline training purposes.
ions or policies.

                                                      Boilers and Industrial Furnaces -11
manifest system, closure and financial assurance, and corrective action. These
provisions are described in detail in other Training Modules.


The BIF owner/operator must perform a waste analysis to identify the type and
quantity of hazardous constituents that may be reasonably expected to be found in
the waste.  This analysis must include all hazardous constituents found in
Appendix VIII of Part 261.  The facility must provide an explanation for any
constituents not included in the analysis. In addition to the initial analysis, the
owner/operator must conduct periodic sampling and analysis to ensure that the
hazardous waste is within the limits of the facility's permit.

FUGITIVE EMISSIONS <§266.102(e)(7))

The BIF must be operated such that emissions escaping from the combustion
chamber are minimized. The owner/operator has two options from which to
choose: (1) maintain a negative pressure in the combustion zone so that air is pulled
into the unit rather than escaping into the atmosphere and (2) totally seal the
combustion chamber so that no emissions can escape to the environment.


Facilities that transfer hazardous waste directly from a transport vehicle (e.g., a
tanker truck) to the BIF without first storing the waste must comply with special
requirements. Generally, direct transfer operations must be managed in a manner
similar to that required by the regulations for hazardous waste storage 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.

GENERAL STANDARDS (§266.102(e)(7)-(ll))

In addition to the standards described above, the BIF owner/operator must fulfill
requirements for establishing an automatic waste feed cutoff system. The facility
must also conduct inspection and monitoring, maintain certain records, and close in
accordance with given regulations.
2.4   PERMIT PROCESS (§270.66)

An owner/operator wishing to operate a new hazardous waste BIF is required to
obtain a RCRA permit before beginning construction of the unit.  The purpose of
this permit is to allow the new BIF to establish operating conditions that will ensure
adequate protection of human health and the environment. The BIF permit process
consists of four operational phases: pre-trial burn, trial burn, post-trial burn, and
final operating conditions.

  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.

 12 • Boilers and Industrial Furnaces

The pre-trial burn phase of the permit allows the BIF to achieve the state of
operational readiness necessary to conduct the trial bum. The pre-trial bum permit
conditions are effective for the minimum time (not to exceed 720 hours) required to
bring the BIF to a point of operational readiness to conduct a trial burn. This phase
is often referred to as the shakedown period.


The trial burn can be seen as the "test drive" of the BIF. It is the time when the
owner/operator will bring the unit up to operational readiness, monitor the key
operating conditions, and measure the emissions.  These conditions are based on
the operating conditions proposed by the permit applicant in the trial bum plan
submitted to EPA for evaluation.  EPA establishes conditions in the permit
necessary to conduct an effective trial burn, meaning that the burn will be
representational of the BIF's intended day-to-day operation and will yield
meaningful data for analysis.


The post-trial burn period is the time for EPA to evaluate all of the data that was
recorded during the BIF's trial burn.  To allow the operation of a hazardous waste
BIF following the completion  of the trial burn, EPA establishes permit conditions
sufficient to ensure that the unit will meet the BIF performance standards. This
post-trial burn period is limited to the minimum time required to complete the
sampling, analysis, data computation of trial burn results, and the submission of
these results to EPA.


After reviewing the results of the trial burn, EPA will modify the permit conditions
again as necessary  to ensure that the operating conditions of the BIF are sufficient to
ensure compliance with BIF standards and protection of human health and the
environment.  Owners/operators of BIFs must comply with the final permit
conditions for the duration of the  permit, or until the permit is modified. The unit
must be managed in accordance with all of the operating conditions described in the
permit and established by the  trial burn (§266.102(d)(l)).


While most BIFs must undergo a trial burn, it is possible for a facility to submit
extensive  information in lieu  of the  trial burn. EPA believes that most combustion
units will need to conduct trial burns in order to develop operating conditions that
ensure compliance with the performance standards. Data submitted in lieu of the
trial burn, therefore, must originate  from a unit with a virtually identical design
that will burn wastes under virtually identical conditions (located at the same
  The information in this document is not by any means a complete representation of EPA's regulations or pol
                but is an introduction to the topic used for Hotline training purposes.

                                                      Boilers and Industrial Furnaces -13
OMNIBUS AUTHORITY (§270.32(b)(2))

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.  Specifically, this allows EPA to incorporate additional terms or
conditions not found in the regulations, if site-specific circumstances dictate this
result.  Under the 1993 Strategy for Hazardous Waste Minimization and.
Combustion. EPA directed the states and Regions to conduct site-specific risk
assessments (incorporating direct and indirect exposures) into a combustion unit's
permit using this omnibus authority.  These risk assessments can be conducted by
either the implementing agency or the facility (subject to agency oversight) during
the permitting process.


On December 11, 1995, EPA published a final rule expanding the role of public
participation fit the RCRA permitting process (60 ER 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.

As of now only one BIF permit has been issued in the country. On August 15,1996,
in a joint effort between Region VII and the Kansas Department of Health, a permit
was issued to a cement kiln at the Ash Grove Cement Company in Chanute, KS.
Therefore, most BIFs are currently operating under interim status.

EPA estimated that of the 1,000 BIFs burning hazardous waste prior to the 1991 final
rule, only 150 would apply for interim status and eventually seek final RCRA
permits.  There are currently approximately 130 facilities that have one or more
hazardous waste-burning boilers or industrial furnaces.

To qualify for 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 for another activity, then it was required to comply with the
requirements for changes under interim status described in §270.72.
  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.

 14 - Boilers and Industrial Furnaces
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. As the
deadlines for these certifications have already passed all interim status BIFs, except
for possible extenuating circumstances, should be in the compliance stage.


In order to certify precompliance, the owner/operator 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, submitted by August 21,1991.  Prior to submitting
this certification of compliance, interim status owners/operators were not allowed
to feed hazardous waste with a heating value of less than 5000 Btu/lb into a boiler or
industrial furnace. By requiring burners to demonstrate that a waste's heating value
is greater than or equal to 5,000 Btu/lb, the Agency was 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 human health and the environment.


Owners/operators that were required to submit a certification of precompliance
must have conducted compliance testing to verify the operating  conditions on or
before August 21,1992. 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 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.  Throughout the remainder of
interim status, the BIF is required to comply with the operating limits contained in
this certification.

As mentioned above, interim status BIFs must be operated much in the same way as
those facilities with permits. As with permitted BIFs, owners/operators of interim
status BIFs must comply with all applicable TSDF regulations in Part 265. In
addition, 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.


A BIF operating under interim status may not burn dioxin-containing hazardous
wastes (F020, F021, F022, F023, F026, and F027) or any material derived from one of
these wastes. 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."
   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.

                                                      Boilers and Industrial Furnaces -15

Interim status furnaces are required to comply with all of the performance standards
with the exception of the DRE.  In addition, 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 bum.  These conditions include minimum
temperatures, assurance of adequate oxygen, and continuous hydrocarbon
monitoring (§266.103(a)(5)).

These requirements do not apply to a furnace that 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.

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)). Thus, any residue 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 to residues that are
produced when both hazardous waste and fossil fuels are burned. EPA has ruled
that the exemptions may stand if the co-burning does not significantly affect the
character of the waste residues.

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 claimed, one of two criteria must be met.  As long as the residue
meets either criteria, it will qualify for the Bevill exclusion.
  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.

 16 - Boilers and Industrial Furnaces
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
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 (58 FR
59598; November 9,1993).

Provided the residues meet these standards, they would not be regulated as
hazardous waste.  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.  Figure 3 describes this process:
                    Figure 3: Regulation of Residue from BIFs
                Is the residue from the
                burning of:
                 •ores and minerals
                 • cement-producing
                       raw materials?
                   Was the waste
                   at least 50%
                   raw material?
                  Is the residue
                  similar to normal,
                  non-HW, residue?
                  Are toxic
                  constituent levels in
                  the residue below
                  F039 levels?
 Residue is
subject to HW
                  Residue is exempt
                  from HW regulation
  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.

                                                      Boilers and Industrial Furnaces - 17 •
                   3.   REGULATORY DEVELOPMENTS
On April 19,1996, EPA published a proposed rule under the joint authority of RCRA
and the Clean Air Act to upgrade the emission 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 Strategy for Hazardous Waste
Minimization and Combustion.

The rule proposes emissions standards for dioxins/furans, mercury, cadmium, lead,
particulate matter, hydrochloric acid and 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.

EPA intends to finalize this proposal in two parts.  The first part, expected in late
1997 or early 1998, is likely to. include the comparable fuels exemption and the
permit modification amendments.  The second part, expected later in 1998, will
finalize the remaining issues from the April 19,1996, proposal.
  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.