vv EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9488.08(85)
TITLE:: Regulatory Status of Drum Furnaces Burning Hazardoi
Waste Fuel
APPROVAL DATE:. 8-30-85
EFFECTIVE DATE: 8-30-85
ORIGINATING OFFICE: office of solid waste
0 FINAL
D DRAFT
STATUS:: !
: [ ] A- Pending OMB approval
[ ] . B- Pending AA-OSWER approval
[ . ] C- For review &/or comment
•••••• ^ ^ .°~ In development or circulating
REFERENCE(bther documents): headquarters
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE Di
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PARTS 264-265 SUBPART 0 - INCINERATOR
DOC: 9488.08(35)
Key Words:
Regulations
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Drum Reclamation Furnace, Incineration, Industrial Furnace,
Burning and Blending
40 CFR 260.10, Parts 264 and 265 Subpart 0
Regulatory Status of Drum Furnaces Burning Hazardous Waste Fuel
David C. Garrett, III, Esq. Powell, Goldstein, Frazer & Murphy,
14th Floor, Citizens & Southern, National Bank Building 35 Broad
Street, N.W. Atlanta Georgia
.John Skinner, Director, Office of Solid Waste
#9488.08(85)
8-30-85
The letter denies a request to classify drum furnaces burning hazardous -
waste as fuel as industrial furnaces under 40 CFR 260.10. The primary reason
for denying the request is that drum furnaces are not "integral components of a
manufacturing process," as required for industrial furnaces under 40 CFR 260.10
of the January 4, 1985, rules.
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9488.08 (85)
AUG 30 1985
n t
a ui
Mr. David C. Oarrett III, Eaq. ^c
Powell, Goldstein, Frazer 6 Murphy - <
14th Floor, Citizens & Southern •!*£
Ha t ion a 1 Bank Building £ £
35 Broad Street. N.W. \»
Atlanta, Georgia 30335 g§
-• »
tj 3
Oaar Mr . Gar rat 1 1 >-- -
3 O
9 >-•
Your petition of May 28, 1985, on behalf of Tristate Steel £ •
Drum Company, Inc. to classify drum furnacea burning hazardous o> -
waste fuel aa industrial furnaces under 40 CFR 260.10, has been ^J?
referred to this office. ® 2
^^^ ^r
oo a
After reviewing and considering your comments, we must deny iff
your petition. Drum furnaces burning hazardous waste fuel should
not be classified as industrial furnaces under the January 4, 1985,
rules (50 FR 614). This issue was addressed by EPA in response to
comments to the proposed rules which became final January 4, 1985. <
OD
The primary reason for our conclusion that drum furnaces are "^
not industrial furnaces under RCRA is that drun furnaces are not ^
"integral components of a manufacturing process," as required for OD
industrial furnaces under 40 CFR 260.10 of the January 4, 1985 if
rules. The drum furnace does not produce a new drum, but rather £>
cleans contamination and coatings from used druns aa a step in the »-
reconditioning process. !T
ut
00
Drum reclamation furnaces are not regulated under RCRA if the K>
drums do not contain hazardous wastes in accordance with 40 CFR ^
261.7. If the drums contain hazardous waste, then the drum reclama- «
tipn furnace is an incinerator and is regulated under Subpart 0 of -a
40 CFR Parts 264 and 265. Burning hazardous waste as a fuel to
provide the energy necessary for the drum cleaning process is also
regulated under these Subpart O standards aa a form of incineration.
See 50 Federal Register at 625 (Jan. 4, 1985).
In early 1986, the Agency plans to propose rules for boilers
and industrial furnaces burning hazardous waste fuels. By early
1987, when thaws rules are expected to take effect, industrial
furnaces will be regulated at least as stringently as incinerators
are now, making most distinctions between classes of combustors of
little practical significance.
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Inr cortaJfiirion, a drum" reclamation furnace burning hazardous
waste fuel i'r'apt appropriately regulated as an industrial furnace
as defined* in 4Q CFR 260.10. The drum furnace, whether burning haz-
ardous waste fuel or hazardous wastes in drums, is subject to the
incinerator standards of 40 CFR 265 or 265 Subpart O.
Please call Mr. David B. Sussman of ray staff at (202) 382-7917
if you have further questions.
Sincerely,
John H. Skinner
Director
Office of- Solid Waste
cc» -Mr. James Scarbrough
Region. IV
Ms* Jennifer R. Kaducfc
Industrial and Hazardous
Waste Management Program
Environmental Protection Dvision
~- Georgia Department of Natural Resources
270 Washington Street, S.W.
Atlanta, Georgia 30334
•*/
Blind copyr .AJl*
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